Summary of Gift and A Right - The Second Amendment by James M. Deitch – Published by Conceal Carry Magazine July 2023

This Article is well researched and is almost a be all end all description of the 2nd Amendment.

The 2nd Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The purpose of the Amendment is to empower the Citizenry and to harness the government’s power over the people. Empowerment includes protecting citizens from criminal elements, tyrannical government, and foreign invaders.

Charlatans in the Government and Media say they are against the Amendment because they want to protect the citizenry from criminal Violence. Their actual intentions is to maintain power over the people. Deitch states, “It is in the interest of a tyrannical government to deny its subjects this natural right.”

Natural rights are intrinsic to all humans and are bequeathed to us by our Creator. They cannot be abridged or denied by State or Federal Governments. All the Rights in the Bill of Rights are Natural Rights, and its importance is inferred by the fact it is a standalone amendment and not grouped together with other rights. In my opinion it’s the enforcement or insurance policy for all the other amendments. The amendment clearly states that is a right of the people and that for a free state people need to be armed. This amendment is clearly advocating for an Armed Citizenry and has no applicability to the Military, National Guard or Police Department.

Gun Rights opponents believe the amendment is a collective right. Collective connotates Communism and is contrary to Natural Individual Rights. The Founding Fathers understood that it a Natural Right for the Citizenry to protect themselves from criminal activity and a tyrannical government. Another buzz word used by opponents is Gun Violence for Criminal Activity. Criminal Activity is perpetrated by individuals that have a disregard for property rights and human life. The instruments used for criminal activity are inert.

Citizens that are well versed in the Declaration of Independence, the Constitution and the Founding Fathers, understand the concept of Natural Rights and that they are not granted by the Government. Unversed Citizenry, believe the Government grants these rights and can limit what we say and how we choose to protect ourselves.

In my opinion the current education system does not stress the importance of Natural Rights and how they relate to our Freedom. I am also concerned that Naturalized Citizens may not fully understand that these rights need to be protected from Government Overreach. Whether by assimilation or the process to become a Citizen, Newcomers need to understand the rights are from God and not from Government.

The government cannot abridge our Natural Rights which may include limiting types of guns, magazine capacity, how we carry in public, and how much ammo we can store. Suing gun manufacturers and taxing ammo is another means of abridging this Right. The unversed citizen needs to be educated to this fact, or they may lose the right to protect themselves as well as other rights such as free speech.

Defining and Dissecting

The Supreme Court has somewhat avoided defining and interpreting the 2nd Amendment until recently. Recent cases are as follows:

· Miller 1939 – National Firearm Act unconstitutional

· Heller 2008 & McDonald 2010 – Right to possess arms for lawful purposes and to defend home.

· Bruen 2022 - Right to possess arms for lawful purposes and to use in defense outside the home.

It is a Fallacy to abolish the 2nd Amendment for crime prevention. Criminals will and do use other means such as vehicles driving into crowds, knife attacks, and explosives. Also, the vast distribution of firearms that currently exist would mean that they would remain on the streets possessed by Criminals while lawful citizens are unarmed.

Noah Webster as quoted, “whenever words are understood in a sense different from that which they had when introduced, and different from that of the original languages, they do not present to the reader the Word of God.” The intent of the Founding Fathers with regards to the 2nd Amendment is clear with regards to writings and specific words used including the word People. Therefore, the people’s right to keep and bear arms is at a minimum equal to all other rights if not more important since it is a standalone amendment. In no way implies Congress or any other branch has any claim or power to interfere this Natural Right.

Guaranteed Protection

Although provisions for the protection of rights are in the body of the Constitution, The Founding Fathers, through pressure from the States added the Bill of Rights so that there was no ambiguity regarding the Citizenry having Natural Rights. An Insurance Policy preventing the People suffering again the injustices of a Tyrannical Government. The 2nd Amendment as well as other amendments were in place to safeguard against the newly formed government obtaining enough power to seize the people’s Natural rights

At the time of the Constitution States already had protections for the right to bear arms and to store ammunitions. Furthermore, many states required the Citizens to self-arm and have enough ammunition to protect their rights and prevent abuses of power and tyranny. North Carolina did not ratify the Constitution until the Bill of Rights was added including the 10th amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Timeless Principles

The Foundation of Western Civilization was set by the Greek Philosophers such as Aristotle and in many ways the basis for our Constitutional Republic. As Aristotle states neither a democracy nor oligarchy but somewhere in between.

Hippodamus in the Era of Greek City States designed a civic society consisting of skilled workers, farmers, and those with arms to protect the society. Aristotle pointed out that the two unarmed classes would be subservient to the other. In this social status, “the equal sharing of offices and honors is an impossibility.

Aristotle wrote that “a king’s bodyguard is composed of citizens carrying arms, a tyrant’s of foreign mercenaries. The 25th Grievance of the Declaration of Independence points out “He (The King) is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and unworthy the Head of a civilized nation. I would like to add the millions crossing our border illegally including many military age males, whether by voting illegally, violently protesting, or harassing law abiding citizens can be construed as mercenaries. Especially when the Federal Government protects them from prosecution and/or deportation.

Cicero (106-43 B.C.) addressed the moral basis for laws regarding arms. “[I]f our lives are endangered by plots or violence or armed robbers or enemies,” he wrote, “any and every method of protecting ourselves is morally right.” Tomas Paine view of government is “in its best state is but a necessary evil; in its worst state an intolerable one.”

Quoting the Author, “There can be no greater caution offered with regard to the individual right to bear arms being secured and never infringed upon by the government so that the individual and the nation’s people shall be protected from the very government that they have put in place.” And his final point regarding Horace appeal or prayer to God that weapons for protection go unused. However, the philosophers and author understand that God expects us to continue to work at our trade and provide for our needs including protection for criminal activities. Also, God uses people to administer justice and topple tyrannical governments.

The Universal Truth

There are things we have under our control, and we shall be prudent in maintaining that control such as ensuring you have the means to protect yourself, family, and the Republic. We also can work to aid in voter turnout and election integrity. However, it is of great comfort we can offer in prayer the things that are beyond our control as well as other supplications and thanks.

If you are a Christian, we understand that we live in a World with Sin requiring us provide remedies for our individual protections. “Man possesses the moral right to protect himself. This right is not to be granted or denied by man but is a gift and right afforded to man by his Creator.”

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4 Top Truths and 9 Additional Truths on the 2nd Amendment

1. It's not just about protection from criminal activity but a means to deter a tyrannical government as well as to repel foreign invaders.

2. It's a natural right inherited by being a human being and bequeathed by our Creator.

3. It shall not be infringed by Federal, State, or Local Governments.

4. Criminal activity is caused by the lack of respect for property and life. Limitations to the right to bear arms has only negative effects to criminal violence

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