Pennsylvania Firearm Owners Association
Results 1 to 10 of 10
  1. #1
    Join Date
    Jan 2013
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    842
    Rep Power
    19698377

    Default When is it LEGAL to use the 2nd Amendment?

    Does a judge approve the use of the 2A? Don't think so, b/c judges work for Gov.
    Does a group LEGALLY use the 2nd? Don't think so, b/c too narrow of opinion.
    Wait until they take our guns? Don't think so b/c it's to late.
    Couldn't vote out politicians. Don't think so b/c a majority chose them.

    What has to happen to LEGALLY signal the use of the 2A?

  2. #2
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    9,852
    Rep Power
    21474858

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Quote Originally Posted by ideaman View Post
    What has to happen to LEGALLY signal the use of the 2A?
    My guess is when politicians violate us like taking away our rights/firearms.

  3. #3
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery County)
    Posts
    2,578
    Rep Power
    21474845

    Default Re: When is it LEGAL to use the 2nd Amendment?

    I think you have a slight misunderstanding (or rather your question/hypothetical poses a misunderstanding). The Right to Keep and Bear Arms isn't granted by the 2nd Amendment. The 2nd Amendment states that this right can't be infringed upon i.e. it can't be violated or removed by government. It is understood that this right is a natural right - not granted by our system of government, but protected by it.

    The majority's feelings don't (or shouldn't) matter here. We aren't a purely Democratic country, but rather a constitutional republic bound by the limits and scope of the constitution. Legislation cannot (or again... SHOULD not) be created to violate the Constitution. For things that go against the Constitution it would have to be amended and there is a defined process for that.

    Where it gets murky (for me as a lay person) is how the government is allowed to regulate the 2nd Amendement. Even in the Heller 2008 decision, the conservative majority specifically noted that the scope of the 2nd Amendment is not unlimited. This is why it's extremely important to get common use arms (i.e. semi automatic, and IMO, NFA items...) into the hands of as many good people as possible so they can never be outlawed legally.

  4. #4
    Join Date
    Apr 2007
    Location
    Franklin, Pennsylvania
    (Venango County)
    Posts
    3,920
    Rep Power
    15878964

    Default Re: When is it LEGAL to use the 2nd Amendment?

    I believe our forefathers had faith that men will use intelligence and moderation on deciding when to use force, especially deadly force. They did not think we would be in a rush to change government, particularly by force in a haphazard manner. Each individual will have their own ignition point but that will be moderated or regulated by the group. It might start sporadically or in a large explosion. So those testing the powers and reach of government better also be practicing moderation lest it all blows up in their faces. Hands off is actually the best policy for all concerned!
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

  5. #5
    Join Date
    Jan 2013
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    842
    Rep Power
    19698377

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Keep in mind, the police & military has a communication structure to act as one. We the people do not. The Constitutional lawyers warned congress that what Obama is doing is exactly why constitution was written. Yet the useless generals and admirals were silent.

    I don't see it working.

  6. #6
    Join Date
    Jun 2010
    Location
    Eastern PA, Pennsylvania
    (Delaware County)
    Posts
    921
    Rep Power
    14166790

    Default Re: When is it LEGAL to use the 2nd Amendment?

    This article might give you some insight as to when you might see the powers enumerated by the 2nd being put into action...its very well written and many know of this author...Matt Bracken

    "Now, as long as Mr. Security Agent remembers that he swore the same oath that millions of Americans swore, to defend the Constitution against all enemies, foreign and domestic, he will certainly not permit himself to take part in gun confiscation raids. But if he does, well, let’s be frank: tens of millions of Americans would then consider him to be the very domestic enemy that they swore to defend the Constitution against."


    https://www.americanpartisan.org/201...-confiscation/

  7. #7
    Join Date
    Jan 2013
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    842
    Rep Power
    19698377

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Quote Originally Posted by RenoV8 View Post
    This article might give you some insight as to when you might see the powers enumerated by the 2nd being put into action...its very well written and many know of this author...Matt Bracken

    "Now, as long as Mr. Security Agent remembers that he swore the same oath that millions of Americans swore, to defend the Constitution against all enemies, foreign and domestic, he will certainly not permit himself to take part in gun confiscation raids. But if he does, well, let’s be frank: tens of millions of Americans would then consider him to be the very domestic enemy that they swore to defend the Constitution against."
    https://www.americanpartisan.org/201...-confiscation/
    You brought to mind the Neurinberg trial where the Nazi guards said, I was following orders". Not an excuse, and were executed. But. No cops were jailed when they took guns away during the hurricane Katrina.

  8. #8
    Join Date
    Apr 2011
    Location
    PRNY
    Posts
    917
    Rep Power
    3267238

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Quote Originally Posted by ideaman View Post
    What has to happen to LEGALLY signal the use of the 2A?
    Legality would be determined after the fact. In other words, you have to win your insurrection.

  9. #9
    Join Date
    Feb 2007
    Location
    North East PA, Pennsylvania
    Posts
    2,906
    Rep Power
    21474851

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Quote Originally Posted by ideaman View Post
    You brought to mind the Neurinberg trial where the Nazi guards said, I was following orders". Not an excuse, and were executed. But. No cops were jailed when they took guns away during the hurricane Katrina.
    Look at NJ. That man from PA will be put in prison for years just for having guns in his vehicle that are legal in most states. If he would have resisted he would have been shot or charged with murdering a cop. For what? It's his constitutional right.
    "Take the guns first, then worry about due process" Trump

  10. #10
    Join Date
    Feb 2013
    Location
    Upper Darby, Pennsylvania
    (Delaware County)
    Age
    53
    Posts
    3,779
    Rep Power
    21474846

    Default Re: When is it LEGAL to use the 2nd Amendment?

    Consider:

    In at least some jurisdictions, you have to explicitly state that you are exercising your right to remain silent, and if you talk anyway, they will take that to mean you have waived that right.

    I read the original post in that light.

Similar Threads

  1. Replies: 17
    Last Post: June 2nd, 2017, 07:30 PM
  2. Hugh's Amendment legal challenge!
    By 1096369fred in forum NFA/Class 3/Title II
    Replies: 23
    Last Post: June 24th, 2016, 01:34 PM
  3. Replies: 6
    Last Post: January 12th, 2015, 08:35 PM
  4. Legal Immigrant On Second Amendment
    By 4070BN in forum National
    Replies: 2
    Last Post: January 31st, 2013, 10:22 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops