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Op/Ed Politics

In defense of the 2A and the AR15.

In the finding by the SCOTUS, they stated that the “Militia” clause does indeed guarantee that citizens have the right (some may argue that it is a responsibility) under the Militia Clause to keep and bear MILITARY GRADE WEAPONS, in securing a Free State.

Activist Judges.  We see this concerning any number of issues, from election recounts, gay marriage, sanctuary cities, and the 2nd Amendment.  They should all be ashamed of themselves.  They tend to be in Federal Court Districts inhabited by a large number of leftist agenda pushing crybabies, and tend to act based on political expediency, as opposed to the constitutionality of a particular issue.  This time a MASSHOLE Federal Judge upheld a silly law banning AR15s and standard capacity magazines (they call them “Hi-Cap” – which is bullshit)

https://www.usatoday.com/story/news/2018/04/07/federal-judge-upholds-massachusetts-ban-ar-15-large-capacity-magazines/495781002/

AR-15 SCOTUSThis is not to say that the Supreme court is without its leftist activist Justices.  The recent antics of Ginsberg and Stevens should give you plenty of pause when it comes to trusting the SCOTUS to act right.  Nonetheless, the SCOTUS has only ever deigned to hear two cases on the 2nd Amendment.  The most recent is the often quoted, much maligned and controversial DC vs. Heller – which found that the 2nd DOES guarantee an INDIVIDUAL right to keep and bear arms for the purpose of self-defense and slapped down DC’s anti-gun CCW laws.

https://www.law.cornell.edu/supct/html/07-290.ZS.html

Of course, those locals without a CCW law available had to then comply – even if they make it nigh on impossible for the average joe – with “May Issue Permits” being the rule of the individual state.  Nonetheless, that is a state issue now, not a Federal one.

The other finding by the SCOTUS is one that is as equally maligned and controversial.  It was made in the wake of the National Firearms Act, which was knee-jerk, anti-gun legislation that was borne of the violence created by another piece of legislation that was finally repealed – the 18th Amendment (Prohibition of Alcoholic Beverages).  The case that should be a landmark AND the cornerstone for any argument against banning the AR15 (or other so-called “Assault Rifles” was US vs. Miller.)

https://www.law.cornell.edu/supremecourt/text/307/174

While the Miller decision upheld the silly NFA, one of the reasons that the case is so important is that the weapon that was in question was the ubiquitous “sawed-off shotgun” – that being a shotgun with a barrel of fewer than 18 inches.  Miller was a shitbag gangster, and carried the scattergun in violation of the NFA.  His lawyers argued that a shotgun was indeed protected under the “Militia” clause of the 2A, because Soldiers carried shotguns to war.

Product Block - AR-15
#BLACKGUNSMATTER

Here where it gets silly and awesome all at once.  In the finding by the SCOTUS, they stated that the “Militia” clause does indeed guarantee that citizens have the right (some may argue that it is a responsibility) under said clause to keep and bear MILITARY GRADE WEAPONS, in securing a Free State.  Unfortunately for Miller, the shorty scattergun does not meet this definition, because the “common usage” of shotguns of the era did not include short barreled versions (historically arguable, but that is a different point).

Go back and read that VERY carefully.  The SCOTUS, stated that: Sure, you can own MILITARY GRADE WEAPONS (small arms specifically, not including Full-Auto as they upheld the NFA).  BUT, it has to meet the standard of being the same or similar to those in COMMON USAGE.

It seems to me that this activist Masshole Judge just contradicted US vs. Miller (just as others have in other BLUE districts) and as long as we keep the majority of Justices on the bench in DC that actually understand the Constitution and former SCOTUS decisions, this passel of bullshit bans will one day be in front of the SCOTUS and be soundly slapped down.

Now, You guys know that I am not a huge fan of the POTUS.  However, you NEVER TRUMP types need to calm the fuck down and understand that perhaps his most important job while he is in office is to continue to populate that bench with pro-2A Justices.  Whoever gets to occupy the Oval Office from here on out needs to be pro-2A as well.  I am not talking about pussies like Mast or Rubio who want to negotiate away your rights.  I am talking about someone who feels and speaks like Dana Loesch.  Seriously.

For those of you that believe the hype about the NRA.  Check yourself, please, do some actual independent research.  I can go off on that as well, but that is for another time.

Stop the infighting, our Republic and our LIBERTY are on the line.

Join the NRA, write your Congress-critter.  WRITE THEM.  CALL THEM. SHAME THEM IF NEEDS BE.  Facebook posts are no good for this, you actually have to do some work.

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E. Michael Davis II, OMar, CPP, 1SG USA (Ret) served nearly 25 years in the United States Army as a Military Police Investigator. His work focused on Investigations, Anti/Counter-Terrorism Operations, Police Special Operations, Intelligence Operations and Force Protection with multiple Joint and Combined Commands. The impact of his work spanned the spectrum from tactical actions to strategic planning and engagement. In this capacity, he worked closely with nearly every security and law enforcement agency of the United States government, as well as dozens of police, security and intelligence agencies of friendly foreign governments. He experienced multiple combat tours in the Gulf War, Bosnia, Afghanistan, and three tours in Iraq. He is a recipient of two Bronze Stars and the Purple Heart amongst many other awards and honors. He earned a Bachelor's Degree in Military History, Graduate Certificate in Terrorism Studies and Master's Degree in Post 1945 Military History from the American Military University - all with honors. He is still active in the anti/counter-terrorism community as well as a freelance author, historian and blogger.

1 comment on “In defense of the 2A and the AR15.

  1. A-freaking-men, top!! Preach, brother- we have to take back the power that rightfully belongs to We The People! Check out the Convention of States movement, and research an Article V Convention. The momentum is strong, with the thirteenth state about to pass their resolution. Limited government was a foundational principle of our representative republic, so term limits and returning the selection of senators to the state legislatures are major points that will be decided on. Please, as actively participating citizens (I’m assuming most if not all on this blog are vets) we MUST insure our freedoms for future generations. If we don’t take back control of our country, it won’t exist as founded. It will be a despotic shadow of its former glory, and we will make the first civil war look like a game of tag. This must not happen!

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