Doesn't the second amendment only apply to the Federal Government?

The second 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."

Doesn't this language seem to suggest that only the Federal Government cannot infringe on rights to own a handgun (so as to not infringe on the State forming a "well regulated militia")? Doesn't this mean, then, that the State itself can not only regulate, but place an outright ban on handguns if it so desires? If I'm right, that would mean that the recent Supreme Court decision would apply only to people (law abiding citizens) living in Washington D.C.

No that is ridiculous. That would mean all of the other rights in the Bill of Rights would only apply to Washington DC too. The constitution is the supreme law of the land. States and cities cannot infringe on your rights.

How do these phrases, "right of the PEOPLE peaceably to assemble," "right of the PEOPLE to be secure in their homes," "enumeration's herein of certain rights shall not be construded or disparage others retained by the PEOPLE," and "The powers not delegated herein are reserved to the states respectively, and to the PEOPLE," all refer to individuals, but "the right of the PEOPLE to keep and bear arms," refers to federal goverment....????

Federal government is not even mentioned....


I WISH PEOPLE WOULD STOP TRYING TO INTERPRET THE CONSTITUTION AND JUST READ IT....

A well regulated militia is still organized by a state's citizens. Militia does not mean National Guard.

http://www.youtube.com/user/DOUGandFRIEN...

NO,No,no.* Even the 232 year old Right to Bear Arms Section of the Pennsylvania Constitution is even more straight forward about the Rights of Individual Gun Owners than the 2nd Amendment to the U.S. Constitution.*> It states > " The Right of Citizens to Bear Arms in Defense of themselves and the State Shall Not be Questioned." ** It is one's Right to Protect oneself against all Enemy's Foreign and Domestic whether inside the Government or Outside of it.*~~

I starred this because I heard Obama talking about it last night. He said something about the second amendment standing firm, but the laws in order to own handguns will get much stricter.

It makes sense to me, actually. I understand it's all American's right to own one, but jeez that's scary to know ANYONE can be armed. Too many crazy people out there. I think tougher laws are in order.

BTW - I'm not an Obabma supporter, yet. I'm undecided.

No, a state can make any law it wants as long as it doesn't break any of the amendments. So a ban on handguns would violate the second amendment, therefore it cannot be made a state law.

This law was recently overturned by the Supreme Court in the last week. It is no longer forbidden for people in the D. C. area to own or keep guns,

I think you must have skipped the part where is says

"right of the people"

Doesn't the second amendment only apply to the Federal Government?

No. To completely understand who the founders were talking about when they use the word militia, you have to look at the second part of the Militia Act of 1792. It states,

"That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes."

Now, pair that with the second amendment and the founders intentions become clear.

"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."

According what has been stated in these two documents, it is clear that the right to bear arms was meant to apply to the citizens. First, the militia consists of ALL able bodied white males between the ages of 18 and 45. The militia is made up of the all the citizens in that state. Second, it is specifically stated that militia members must provide their own arms, ammunition and accoutrements. Unless the sale of firearms was legal, a militia would be impossible. Our ancestors were resourceful and skilled, but not every person possessed the skill needed to craft a firearm. Besides, this is irrelevant because our Supreme Court has finally ruled that citizens do have the right to bear arms. The only way to change this is with a Constitutional amendment.