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Re:Email privacy bill unanimously passes U.S. House by bitwize on Wednesday April 27, 2016 @09:56PM (#11586112)
By "gun laws regarding militias" I assume you mean the Second Amendment itself -- few statutes concerning or mentioning militias are used to justify general gun use, but the 2A is and there's an important reason why:

The founders envisioned a nation of citizen-defenders equipped and trained to protect their homes, farms, and neighborhoods from incursion by enemies, foreign or domestic. The Constitution states that the right to keep and bear arms is a prerequisite for a well-regulated militia, not the other way around. And it draws on prevailing notions from English law at the time (the UK, like the USA, didn't start moving to abolish or restrict gun rights until the beginning of the 20th century or thereabouts). This is more than some old, unrelated law; it is the supreme law of the land. If you do not think that it is applicable in the modern era, the solution is to agitate for repeal of the 2A, not to pretend that it doesn't exist or has been outmoded and complain when people act like it still is valid, active, enforceable law.

I'm not even speaking as someone who favors guns. But the Constitution is what it is, and if we don't like it we change it. If the government can get away with ignoring the Second Amendment and deciding it's no longer relevant, think of what they might do to the First Amendment. Or the Fourth. Or the Fifth. Or the Eighth. Or the Thirteenth.

Get the picture?

Re:Email privacy bill unanimously passes U.S. House by coldtea on Thursday April 28, 2016 @12:45AM (#11586600)
>The founders envisioned a nation of citizen-defenders equipped and trained to protect their homes, farms, and neighborhoods from incursion by enemies, foreign or domestic. The Constitution states that the right to keep and bear arms is a prerequisite for a well-regulated militia, not the other way around.

It doesn't just state that the right to bear arms is a prerequisite for a well-regulated militia.

It also uses the need of a militia as the _justification_ for that right.

It says: "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."

This means that the right to bear arms is not an end in itself -- it's justified in as much as it's a first step to a well-regulated militia.

In an era without well-regulated citizen militias (except the National Guard, for which different guard laws apply anyway), there's no reason to hold the right to keep arms anymore.

So, yes, arms are a prerequisite to such militias -- but (the arms) are only asked to be respected as a right precisely because they are such a prerequisite -- and not for another reason.

Which makes the justification for guns and militias reciprocal. Without militias, and no role for them, no reason for the former either.

>But the Constitution is what it is, and if we don't like it we change it. If the government can get away with ignoring the Second Amendment and deciding it's no longer relevant, think of what they might do to the First Amendment. Or the Fourth. Or the Fifth. Or the Eighth. Or the Thirteenth.

I find keeping the "right to bear arms" in an era for which the justification for doing so given in the Constitution has expired, as the government already violating the spirit of the 2nd Amendment (to favor gun lobbies and such).

E.g. that reading of the 2A is a selective reading that upholds the letter while violating the spirit of it, from politically appointed and non impartial judges.

Re:Email privacy bill unanimously passes U.S. House by bitwize on Thursday April 28, 2016 @08:42AM (#11588347)
But the Constitution contains no qualification on the right to bear arms. It just says that right shall not be infringed. As long as that's standing law, any judge with a 2A case before them is going to look at the text of the Constitution and the Heller decision and rule that the Constitution protects an unqualified right to keep and bear arms. And anti-gun politicians are not going to get the Australia style total bans and confiscation sweeps they've been hoping for. The most they'll get is bikeshedding about the definition of an "assault weapon" and the like.

If what you say is true, and the militia is of no concern to us today, it should be easy enough to get an amendment passed that removes or curtails the right unconditionally protected by the 2A. It could even just be put out there and float around for as long as it takes the states to ratify it, like the 27th amendment did for centuries.

The process is there for a reason.

Re:Email privacy bill unanimously passes U.S. House by randallsquared on Thursday April 28, 2016 @07:55AM (#11588097)
> It also uses the need of a militia as the _justification_ for that right.

If you believe the comments and the code are out of sync, change one. There's a patch procedure built in. Changing the interpreter to make the output match what you think the comment is saying while leaving the actual instructions intact just increases (tech / legal) debt.

Re:Email privacy bill unanimously passes U.S. House by coldtea on Thursday April 28, 2016 @08:15AM (#11588204)
My point exactly.
Re:Email privacy bill unanimously passes U.S. House by Zigurd on Friday April 29, 2016 @10:14AM (#11595820)
The concepts behind "well regulated militia" are still used to formulate regulations on weapons. In general, it's legal to buy the same gear infantrymen use. Scary black guns with ridiculous rails and accessories, knock yourself out. Sawed off shotguns, not so much.
Re:Email privacy bill unanimously passes U.S. House by briandear on Thursday April 28, 2016 @03:13AM (#11586991)
Precisely. The anti 2A crowd throws a fit when one of their cherished amendments is attacked, but every amendment has equal validity. The first, for example doesn't separate church and state in as much as it prevents the state from establishing a religion (such as the Church of England.)

I am fine with separation of church and state, however the Constitution doesn't actually say that.

If we are to play contextual games (i.e. the militia context,) then that same contextualization would apply to the Church of England context of the first amendment.

Re:Email privacy bill unanimously passes U.S. House by alphapapa on Thursday April 28, 2016 @11:41PM (#11593633)
I'm afraid there's no point in explaining this kind of stuff here. The prevailing opinion on HN is leftist. Few people are even willing to argue rationally, and since vitriol isn't tolerated, people just silently downvote, sweeping contrary views under the rug of grayness. The downvoters are drawn to grayed-out posts like sharks who smell blood in the water: a swimmer with a small cut soon attracts a school of sharks that massacre him, leaving nothing but an empty space where a comment once was. It's sad, and every time I see it, I question why I even have an account here.