Mr. Justice. The milita to which the Second Amendment refers is the whole of the people. ALL of us. There is evidence aplenty in the Federalist/Anti-Federalist Papers and other quotations from the founders that clearly state this fact. Justice Scalia referred to this fact in his landmark D.C. v. Heller majority opinion.
Additionally, even the earlier SCOTUS precedent, U.S. v. Miller (1939) supported this fact. In addition to defining the types of weapons protected under the amendment (arms in common use that have a reasonable relationship to the efficiency of a militi), the Court said this:
"With obvious purpose to assure the continuation and render possible the effectiveness of such [militia] forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.” - UNITED STATES v. MILLER, 307 U.S. 174 (1939) 307 U.S. 174
This, also, was cited in the Heller opinion.
Mr. Justice, there is no sane argument to be made that military-pattern semiautomatic rifles and their component parts don’t meet both prongs of the Miller test. This test exists to clarify what weapons are protected, and why.
All of this is included in the Heller precedent that establishes once and for all that the right is an individual right of the people, that the primary reason for guaranteeing the right is to enable them to respond with their own weapons in cases of emergency, and that the right exists independent of both the Constitution and any requirement for formal membership in any military organization.
Add to this the fact that all of these issues covered in both precedents were established well after the National Guard was created under Congress's Article 1 powers, which proves that your assertion that the National Guard is that to which the amendment refers holds no water.
You can't rewrite history, Mr. Justice. We won't allow you to get away with it.
I'll bet Suthers got a big woody when he filed charges against this crew.
I want to thank Jason Hann for getting in touch with me to further introduce himself, so he doesn't live on as the "regular guy off the street."
In his words: "Last year during Waldo I started the Volunteer and Support Services Team and that is how I met Bill Layton. I am the Co-Founder of the No Name Community Outreach Group where the majority of the volunteers who helped came from. Just wanted to let you know that the three of us weren't just random."
Noted. And thanks again to Hann and everyone else who pitched in for the community.
My skin is white/ I have troubles too/ no one seems to care/ it's an unpopular hue.
"The exasperated folks driving this deal..."
"Their impatience is understandable."
I feel their pain, and there is a name for it: TABOR.
Dealings described above are an attempt by yet another mayor to escape the coffin of TABOR, which destroys the abilities of city leaders to lead and do what they need to do.
David Justice, the Colorado National Guard is good enough for you, eh? Would that be the same Colorado National Guard the machine gunned women and children during the Ludlow Massacre? No thanks, I'll keep my rifles. And your opinion on the second amendment is worthless. Supreme court already said that owning a gun is an individual right and that there are no "collective" rights, too bad for an authoritarian collectivist such as yourself.
He is a dead man walking!
The J. Miller Band is also still playing Acacia this Saturday! I am inspired by them.
"...nobody involved cares what you think" should have been in bold caps. That really sums it all up.
That is what you get for having a sheriff who's motto is"
Let it Burn, Let it Burn, Let it Burn.
And people keep voting for him!?!
If the recall effort is nullified because of a legal technicality, someone's consulting lawyer ought to be disbarred. Like I said, how dumb are you to sign a petition when you don't even know in which district you live?
Watch what kind of fire Chief Bach brings in, whoever they are they will be a head hunter with no loyalty to the CSFD, their only loyalty will be to the Mayor. The number of firefighter will be reduced to 3 per truck and an explanation will be given that says because we have such good coverage of the city that it will only take a few seconds for another truck to arrive with 3 more firefighters. More trucks mean more firefighters, besides the tiny number of fires we have in the city doesn't justify the huge firefighting force we have now.
Studies will be introduced that show that a smaller firefighting force is more affordable and every bit as effective as having 4 firefighters. We have just been through 2 huge wildland fires in the past 12 months, this is what a study from California found.
A study by Matt Rahn, director of research and education at SDSU’s College of Sciences’ Field Stations Programs.
The study, conducted over eight months, timed Cal Fire firefighters in drills in which they laid fire hoses for 100 feet, 1,000 feet and 2,000 feet.
In a typical wildfire incident, one crew member stays behind with the engine and manages the scene, while the rest are left to do the firefighting and laying down of the hose. With a crew of four, that leaves three firefighters to do the manual labor.
The tests found that changing a crew’s staffing from three to four increased efficiency by as much as 50 percent.
“That can mean 15 to 40 minutes of a faster response time and effectiveness, which may not seem like a lot but in an initial attack of a fire, that’s a tremendous amount of time and often means success or failure in a fire,” Rahn said.
There hasn't been a line of duty death for the Colorado Springs Fire Department for more than 100 years, if Mayor Bach does this we will have a death, maybe not on his watch but at some point in the near future. I hope the Mayor gets any firefighter death hung around his neck in the future even if he is out of office. This is bad policy from a bad politician.
I appreciate the effort of the men and women fighting this fire, we owe them a huge thanks for risking their lives. NOW.....for the supervisors that are suppose to be responsible for protecting us again wild fires. Once again they screwed up! I realize that its not easy to predict a wild fire, but didn't they learn a thing from Waldo Canyon. I was near Garden of the Gods on Sunday before Waldo Canyon blew up. They had one chopper dropping water on the fire. If they had been serious about fighting Waldo Canyon, they would have had more resources working the fire on Saturday and Sunday and Waldo Canyon might never had gotten out of control.
Now once again, we have the same issue. I saw the smoke about hour after the fire began and I did drive up to Black Forest. There was some people fighting the fire, but not nearly enough........don't they get it!!! They should have had a agreement to bring in all local resources once a fire in a wooded area began.
What really ticks me off are the media briefings that they had. It was one big Kumbaya butt kissing fest about how they were working so well together and what a great job they were doing and sheriff Maketa was leading the song and dance. Maketa kept starting his media love fest by the number of houses they saved, not by number of houses destroyed by their lack of action. Due to the incompetence of these people we will lose close to 1000 homes in about a year. If in their minds this is doing a good job of fighting wild fires, maybe we need new people to protect our city.
Fantasy land...morse is gone, run out of town on a rail.
Shades of the old Soviet Union, reporting on the a sports event where the USA won and the USSR came in second.
TASS reported that the US came in next to last and the USSR came in second.
So it goes with Mayor Botch's propaganda ministry.
Hows about getting Jay Carney?
the old technicality nullifying the result. poor repubicans... missed it by that much.
Re: “After fleet, city will turn to the Fire Department for more savings”
Bach needs to go. He is destroying our city. Companies are not going to relocate here with all the dysfunction, lack of transparency, corruption, and ties to the Koch brothers and the developers like Jenkins. He is nothing but a puppet who will do anything his puppet masters ask him to do regardless of the effect that it will have on our city and citizens. I did not vote for this corrupt mayor. Based on his behavior, allegiance to the developers and the Koch brothers, I knew it he was going to be a destructive and corrupt mayor. How are we going to grow our economy and attract businesses and jobs with this person (I would prefer to use stronger language but will adhere to the rules of the Indy). We need to seriously look at organizing a recall effort before he cripples our city, economy, and community.