Here is the Second Amendment:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
And here is how to read it:
[T]he right of the people to keep and bear arms shall not be infringed [since] a well regulated militia being necessary to the security of a free state [is made from the people, who are all individuals, voluntarily].
The second amendment is one of the first ten amendments known as the Bill of Rights. All of the Bill of Rights declare that the U.S. Government never can infringe upon aspects of being an individual, in short, the U.S. Government cannot tread over any of these personal rights.
The Bill of Rights limit what the agents of Congress can do and not what individuals can do. As I showed you in CASHING IN THE BILL OF RIGHTS. TRUTH, JUSTICE AND THE AMERICAN WAY, all of the Bill of Rights deals with the duties the then newly formed federal government had with respect to any individual.
The biggest failing in discourse over the Bill of Rights is the lack of talk emphasizing the duties of Congress and agents of government has to any American. It is quite clear what is meant by Congress shall make no law as we see in the opening salvo to protect any individual from an overreaching government.
All laws that infringe upon the right of any individual to keep and bear arms such as requiring permits of any kind are illegal and against the Constitution of the United States of America.
In jurisprudence, which is what we're talking about here, liberty means that realm where the law (politicians) is content to leave you alone. Where politicians make laws, there are duties and rights. Always, there can be no right without a corresponding duty and thus no duty without a corresponding right.
The Bill of Rights has nothing to do with the states in compact, which is what the rest of the Constitution details. The Bill of Rights has nothing to do with conferring rights to states.
Many phrases of every day English spell out the reality of limiting government while identifying some of the weightier aspects of being an individual. In all cases, the phrase the people means anyone, even you.
The Bill of Rights is chock full of these phrases that deal solely with any American individual. The Bill of Rights does not confer rights to groups nor does it impose duties upon individuals. Congress and the states alone have duties imposed by the Bill of Rights.
- the people to keep and bear Arms
- without the consent of the Owner
- The right of the people to be secure in their persons, houses, papers, and effects
- the persons or things to be seized
- No person shall be held to answer
- nor shall any person be subject for
- nor shall be compelled
- nor shall private property be taken
- the accused shall enjoy
- to be informed of the nature and cause
- to be confronted with
- to have the Assistance of Counsel for his defence.
- the right of trial by jury shall be preserved
- Excessive bail shall not be required
- retained by the people
- or to the people