Henry Repeating Arms Company & the Boy Scouts of America

Can you imagine a case where Boy Scouts aren't allowed to learn to handle firearms safely?

Ron Shoupe Sr.
Eagle Scout Class of 1957
Silver Explorer Class of 1957
Eagle Scout Dad Class of 2007
Assistant Scoutmaster, NCAC BSA Troop 1250
Advisor, Emeritus, NCAC Explorer Post 1267

and

Ron Shoupe Jr.
Eagle Scout Class of 2007
Assistant Scoutmaster, NCAC BSA Troop 1250
Vice President, NCAC Venture Crew 1250

Henry Repeating Arms Company

Amendment II.

Part 2

I take it as a given that the Framers of our Constitution owned and used firearms. They hunted game and defended themselves using guns. It follows that the Second Amendment does not concern itself with actual gun ownership.

I believe that key words in the amendment are 'Militia' and 'State'. State refers to any one of the original thirteen states of the Union, to all newly admitted states, and now to all fifty states.

First, I'm listing clauses from Article I of the Constitution that contain the word 'State'. With one exception, 'State' refers to one of the states of the Union.

The exception in Section 9 reads: "foreign State". ("... no Person holding any Office of Profit or Trust under them [the States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.")

Article. I.

Section. 2.

• "... by the People of the several States, and the Electors in each State shall have the Qualifications ..."
• "... Branch of the State Legislature."
• "... be an Inhabitant of that State in which he shall be chosen."
• ["... Taxes shall be apportioned among the several States which may be included within this Union ..."]
• ["... each State shall have at Least one Representative;"]

Section. 3.

• "... two Senators from each State ..."
• ["... during the Recess of the Legislature of any State ..."]
• "... be an Inhabitant of that State for which he shall be chosen."

Section. 4.

• "... shall be prescribed in each State by the Legislature thereof;"
• "... by Cession of particular States ..."
• "... by the Consent of the Legislature of the State ..."

Section. 8.

• "... reserving to the States respectively ..."
• "... by Cession of particular States ..."
• "... all Places purchased by the Consent of the Legislature of the State ..."

Section. 9.

• "... any of the States now existing ..."
• "No Tax or Duty shall be laid on Articles exported from any State."
• "... to the Ports of one State over those of another ..."
• "... Vessels bound to, or from, one State ..."

Section. 10.

• "No State shall enter into any Treaty ..."
• "No State shall, without the Consent of the Congress, lay any Imposts ..."
• "... laid by any State on Imports ..."
• "No State shall, without the Consent of Congress, lay any Duty of Tonnage ... enter into any Agreement or Compact with another State, or with a foreign Power ..."

Amendment II - Gun Control in American History, part 1

Councilmen Prohibit Firearms in Cheyenne

Dateline — Cheyenne, Wyoming, August 1867 [from: Robert G. Athearn, Union Pacific Country (Chicago: Rand McNally & Company, 1971) pp. 63-65.]

In the interest of community safety, Cheyenne councilmen passed an ordinance that prohibits the carrying of firearms in the newly formed town.

In August 1867, just weeks after platting Cheyenne, 350 residents voted for a mayor and councilmen. They appointed a chief of police even before they had time to build a jail.

The city fathers expressed their intention to achieve order by hiring 14 police officers, and even special officers, in anticipation of increased commotion brought by the new Union Pacific railroad.

(rewritten by Nate Segal to resemble a newspaper article of the time)

Amendment II - Gun Control in American History, part 2

Ogalla Authorities Ask Cowboys to Leave Revolvers with Police

Western Nebraskian, North Platte, Nebraska, July 26, 1879 [from: Robert G. Athearn, Union Pacific Country (Chicago: Rand McNally & Company, 1971) pp. 292-294.]

Ogalla has become quite lively, bringing quarrels and bloodshed along with the town's rapid growth.

Authorities believe that the boom period of the "cowboy capital" will last now that the Union Pacific railroad has improved the cattle yard and lengthened the siding.

The railroad anticipates shipping a record 8,500 cars of livestock eastward to its railheads in Omaha and Council Bluffs this year.

(rewritten by Nate Segal to resemble a newspaper article of the time)

Gun Rights and the Supreme Court - Libertarian David Boaz

For someone with about 5 1/2 minutes to spend:

Attack of the Second Amendment

"Bear Arms"

Amendment II

Part 1

"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."

Copyright © Jim Morin, The Miami Herald, August 25, 2009 Printed in The Kansas City Star

Comments by Nate Segal

It seems to me that the Framers of our Constitution and this Amendment wanted to prevent the government abuses that they suffered from before 1776. So I'll start by listing the abuses committed by the King of Great Britain as written in the Declaration of Independence. In this way, I'm presenting some situations that the Second Amendment is probably meant to prevent.

THE DECLARATION OF INDEPENDENCE

". . . the present King of Great-Britain . . ."

• "HE has kept among us, in Times of Peace Standing Armies, without the consent of our Legislatures.
• "HE has affected to render the Military independent of and superior to the Civil Power."
• "HE has combined with others . . . giving his Assent . . . :
• "FOR quartering large Bodies of Armed Troops among us . . ."
• "HE is, at this Time, transporting large Armies of foreign Mercenaries . . ."
• "HE has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.
• "HE has excited domestic Insurrections amongst us . . ."

My thoughts:

Federal Civil Power, Congress and the President, will be superior to any Army or Navy.

Neither the Army nor the Navy will have power to act independently of Congress and the President.

Members of both the Army and Navy will be citizens — not Mercenaries.

The Standing Army of the Union will be raised and supported — housed and fed — by Congressional Appropriation of Money. Armed troops will not need to be quartered on civilian premises.

Citizens need not fear that soldiers will be spying in private houses. (This idea was raised in class.)

It seems to me, though, that the Second Amendment gives leeway to State Legislatures to house and feed their Militias by quartering them with their fellow Citizens of that State (unless employed in the Service of the United States). See Article I, Section 8, of the Constitution concerning Congress: "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States . . ."

The Federal government may not conscript — constrain — Citizens to bear Arms against other Citizens.

At some point, I intend to argue that the Civil War was illegal. Also, I believe that President Lincoln could and should have been tried for High Crimes and Misdemeanors — "Executing Friends and Brethren" and having "excited domestic Insurrections."

However, this doesn't imply that I ever would have approved of slavery.

A well regulated State Militia will prevent domestic Insurrections.