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By justification I mean the reason for the right. The right being the right to bear arms.
That sounds like well regulated militia is the spirit of the law. The reason for it, the intention, however you want to word it.
It says right in the text the purpose is to protect the security of the state.
"A well regulated Militia, being necessary to the security of a free State,...."
It follows that the state is what may regulate the militia.
The right of the people to keep and bear Arms shall not be infringed.
Important parts in bold.
Stick your fingers in your ears and yell as loud as you want, its not gonna make the well regulated portion go away.
Not even beginning to mention the founders intentions of the constitution evolving over time, as the lethality, proliferation, and criminal usage of guns has skyrocketed since that amendment was written.
At least some of the founders had the intention of the second amendment allowing the population to overthrow tyrannical rulers.
Yeah i dont think guns are gonna get you very far with that.
Arms, not guns. Also, tell that to the Vietnamese, and Afghanis.
Since we're ignoring morality and effectiveness in favor of semantics and self-centredness, I propose that "arms" meant literal arms, attached to your body.
After all, you can't have a well regulated militia full of double amputees.
Right, civilians with fighter jets and stealth bombers.
We arent talking about law in other countries, the second amendment only pertains to the US. So it would only pertain to you going to war with the US military and police force.
Yes.
I wasn't talking about laws in other countries. I was talking about armed rebellions that beat the US. You know the country with planes, bombers, tanks, and whatnot.
Damn, vietnam overthrew the US?
You've got to be trying to be that obtuse.
no, see you've gone onto overthrowing the US government as a justification for the second amendment, and used the Vietnam War as an example of guns defeating the US. But they didn't overthrow the US government, they never tried to or got anywhere in the vicinity of it. The US suffered embarrassingly high casualties, but Vietnamese got slaughtered, and US military left after massive pushback from US voters, not from an inability to continue
It was not the scenario of a US dictatorship being risen against. If that scenario were ever to happen, it's entirely gonna hinge on the loyalty of the military, whether or not they'd go to war against US citizens. It doesn't matter if they're armed or not.
The point is that an armed populace isn't just rolled over by the largest military in the world. Everybody thinks the "what do you think guns will do against jets" is such a gotcha, but there's lots of evidence even fighting foreign powers it's not that simple. Then you must consider that lots of the US military is pretty big on guns and you have a high likelihood of defection or sabotage of the military. And then even after that any use of the military in our own soil will be extremely unpopular creating even more insurgents.
Something the second amendment has accomplished exactly zero times.
The reason for the law is because the militia was used to defend the US. That changed very quickly when the founders figured out that loosely organized militias were no match to even fight Natives in the Northwest Territory. So the justification is moot now since militias play almost no part in the defense of the US.
I saw a YouTube video or maybe a website article years ago stating that the U.S. can never be conquered, that if an organized foreign military defeated the organized U.S. military they will have a hard time with the millions upon millions of guns in the country.
I mean, if they defeated the military what can a militia do?
I'd say it is more down to the size of the US. There are 330 million people in a country nearly the size of Europe. A country could definitely get a chunk of the US. That would definitely require fully defeating our military which is pretty unlikely. Insurgency can definitely gum things up a bit for foreign invaders but it really takes outside support to actually accomplish much.