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.
"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.
"...nobody involved cares what you think" should have been in bold caps. That really sums it all up.
All women should take self defense classes, carry a gun (know how to use it, practice with it), and USE IT!!! Then use a Taser on him and then mace him then kick the shit out of him then call the police. When people realize it's up to them to protect themselves because there will never be police protection during normal life, that's when the numbers of these crimes will drop. And when the criminals start to understand that they may be killed committing there crime, the numbers will drop.
Hi Stacy in Woodland Park…
According to your NPR source: "Overall, the city's murder rate has dropped dramatically in the FIRST THREE MONTHS of this year, to a level not seen since 1959." This information is correct, backed up by many media reports.
However, letter-writer Ron Coleman referred to FEBRUARY, the month after the presidential inaugural, when he wrote, "The next month the murder rate dropped to a 1958 low."
According to the sources below, February's 14 murders actually represented the lowest monthly total since January 1957, when there were 12. We therefore changed the year in Ron's letter to 1957...
Thanks for taking the time to read the Indy and send us your thoughts.
— Mary Jo Meade (a fact-checker at the Indy)
"Republicans, who will be even more firmly linked to uncompromising gunnies. Fine in Colorado Springs, awful nationally." really? Where do you see that? Point being, I don't see any new federal gun laws. They cannot pass congress. So, it appears your assumption is wrong.
I wonder how many that commented actually knew what this article is about. Just saying. wow.
Sil Arteaga, none of the gun control laws Giron helped pass will save people's lives.
You may think we have all been duped, but tell me exactly how you think these laws will be enforced? How are the police going to prove a firearm originally bought in the 1990s was sold in a private transfer after July of 2013? How are they going to prove a background check was not done? How are they going to prove that someone has not continuously owned their 16 cartridges magazine?
Also, the NRA does not sell firearms and does not make money from firearm sales. 85% of their funding comes from membership dues and individual donations.
The bottom line, Sil, is that you are the one who has been duped.
And to be clear, Kirk Woundy, if you actually DID all this fact-checking that you claim then you would know that the murder rate in Chicago dropped to a 1959 low, not a 1957 low. http://www.npr.org/2013/04/02/175997137/ch…
Layers and layers of fact checkers.................................
To be clear, Mad Dog 20 20, IndyJones is not the Independent. There is no relation. And we fact-check all letters before going to press, though we cannot do the same for online comments. Thanks for reading.
This is only the tip of the iceberg of what IS NOT reported in a informative manner to the general public. In the past 3 years I personally have witnessed 1st hand, on several occasions, the crime wave ranging from rape, abduction, shootings, and auto thefts that have become chronic and severe at ALL the areas city's parks and public lands. There are many crime reports every week that the CO Sp cops consistently withhold or under report. I asked an officer at one scene where a dozen or so cars were vandalized (and a gun was even stolen out of one) why I cant find any follow-up info in the local news, he said they are profiling the various groups of suspects they believe responsible but don't have the training or resources to dedicate to the problem. By not alerting the general public and under-reporting the level of severity of the problem they have more time (thus are more likely) to eventually catch the criminals. I feel this just shows the police didn't want to bring attention to the actual fact they are not able to do the job tax payers pay them to do..... for what ever reason: poor training, financial, staffing, priorities ... whatever the reason I just know the public areas MANY of us think of as a retreat to get away to enjoy the "Great Outdoors" has been and continues to be places very risky for everyone- more so women- and especially women who hit the trails alone.
Wrong again Indy. You remind me of the Gazette. They print all kinds of letters no matter how many falsehoods they contain. Who cares about facts. If I hear something on a conservative radio it must be true. Yeah right. You are wrong and Ms Lytle is correct. I had to call and make sure I got a ballot as I did not bother to vote in the previous election because there was nothing to vote for and I did not want to waste the stamp. I was told it was a good thing I called to say I was active as they were not planning on sending me a ballot. It was a good decision to block Gessler's plan. And nonsense like that which prevent people from expressing their first amendment rights can never be allowed to happen here.
Colorado Springs is the land of rape and assault.
Sadly the message will fall mostly on deaf ears given that this city just elected a wife beater for mayor and the "religious" crowd sees women as belonging at home, not out jogging like some uppity liberal.
Such an important article. Thank you, Kirsten. I realize it may become lost due to the tragedy of the Black Forest fire, but I'd argue it's even more important now with so many women displaced by the fire who may be newly at risk in shelters, hotels, and the homes of acquaintances, strangers, friends and family. There are also children at risk in these environments, afraid and vulnerable, already victimized by the fire, with parents who may be distracted or distraught.
This does not diminish the tremendous compassion and generosity we see in our community in the face of this tragedy. But this article does serve as a good reminder, and potentially a comfort to someone who really needs it right now. I hope that we can pick up this topic after the fire is out and take a hard look at how we as a community, a society and a culture can change for the better.
um wow. Making up news are we?
Why does it matter if he is in the army? Its the few bad apples that give the rest a bad name. Plenty of "non military" people doing the same crap. Its just easy to group military and point the finger.
If you don't want an assault rifle, don't buy one. I don't want tofu, but it doesn't mean you can't by it.
The best thing assault rifles is keeping the IRS and TSA at bay when Obama sends them after us.
When are the NRA nuts going to get a clue- WE DON'T WANT ASSAULT RIFLES OR AMMO ROUNDS SOLD IN THIS COUNTRY- your article was great, and to the point.
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