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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (230331)12/4/2007 4:50:00 PM
From: Rambi  Read Replies (2) of 793845
 
And isn't there a great deal of historical precedence regarding the private ownership of guns being required so that a defense could be mounted quickly? Which might imply the military connotation rather than just pure self-defense?
Grammatically, I will agree with Lane (and I think you are saying this, also) that the two clauses can not stand independently, so the linking must be intentional, as one is a dependent clause unless you mess with it.
The issue has been thorny for a long time. Good summary in Wiki that I came across. (have no dog in this hunt, was just curious since it has never seemed really cut and dried to me- could be read either way, imo).

The potential connection between the right of self defense and the new constitutional protection of a right to keep and bear arms contained in the Second Amendment depends on the distinction whether 'keep and bear arms' is synonymous more broadly with the right of individual self defense or does 'keep and bear arms' pertain more narrowly towards use of arms in a military context, or, in the case of the Common Law while still under the British, in service of the King and country. This distinction was not subject to serious judicial notice until the first gun control laws were passed in the Jacksonian era. Judges in the nineteenth century split over how to interpret this connection; some saw the Common Law right and the protection of a right to keep and bear arms contained in the Second Amendment as identical; others viewed these as being legally distinct. Texts from the era of the Second Amendment are largely silent on this important question.
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