[English] Waffenrecht in Amerika

Fazil · 14. Mai 2008

Right to arms

Civilian usage definition

The people's right to have their own arms for their defense is described in the philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, the English Whigs, and others.[7] Though possessing arms appears to be distinct from "bearing" them, the possession of arms is recognized as necessary for and a logical precursor to the bearing of arms.[8]

In commentary written by Justice Cummings in United States v. Emerson, the United States Court of Appeals for the Fifth Circuit concluded in 2001 that:[9]

"there are numerous instances of the phrase 'bear arms' being used to describe a civilian's carrying of arms. Early constitutional provisions or declarations of rights in at least some ten different states speak of the right of the 'people' [or 'citizen' or 'citizens'] "to bear arms in defense of themselves [or 'himself'] and the state,' or equivalent words, thus indisputably reflecting that under common usage 'bear arms' was in no sense restricted to bearing arms in military service." [10]

Similarly, in a released Senate report on the Right to Keep and Bear Arms, Senator Orrin G. Hatch, chairman, U.S. Senate Judiciary Committee, Subcommittee on the Constitution, states:

They argue that the Second Amendment's words "right of the people" mean "a right of the state" — apparently overlooking the impact of those same words when used in the First and Fourth Amendments. The "right of the people" to assemble or to be free from unreasonable searches and seizures is not contested as an individual guarantee. Still they ignore consistency and claim that the right to "bear arms" relates only to military uses. This not only violates a consistent constitutional reading of "right of the people" but also ignores that the second amendment protects a right to "keep" arms. "When our ancestors forged a land "conceived in liberty", they did so with musket and rifle. When they reacted to attempts to dissolve their free institutions, and established their identity as a free nation, they did so as a nation of armed freemen. When they sought to record forever a guarantee of their rights, they devoted one full amendment out of ten to nothing but the protection of their right to keep and bear arms against governmental interference. Under my chairmanship the Subcommittee on the Constitution will concern itself with a proper recognition of, and respect for, this right most valued by free men."[11]

Likewise, relative to District of Columbia v. Heller, No. 07-290, a case pending before the Supreme Court of the United States, the earlier 2007 DC Circuit Court opinion dismissed the lawsuit in a 2-1 decision, summarizing its substantive ruling on the right protected by the Second Amendment on page 46 of the slip opinion (at the end of section III) as:[12]

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

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Weiß jemand was mit dem rotmakierten Abschnitt gemeint ist?

Ich mach grad meine Facharbeit mit dem Thema "Considering increasing violence among civilians can existing gun control laws in the USA still be justified?"und jetzt brauch ich unbedingt konkrete Gesetze über Waffen in Amerika. Ich weiß wohl dass die von Staat zu Staat da anders sind aber man findet irgendwie nirgends was?

Jemand ne Ahnung wo ich da sachen zu finde außer Wikipedia oder so?

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igita · 15. Mai 2008

AW: [English] Waffenrecht in Amerika

hast du dir die Mühe gemacht und gegoogelt.
Ich denke nicht.

Weapon law eingeben und dann vielleicht noch ein Gliedstaat und du hast alles was du brauchst.

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[English] Waffenrecht in Amerika

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