Originally Posted by CSB
The carrying of a pistol, concealed or unconcealed, has become “the new normal” in many states.
A police officer may progress from “reasonable suspicion” to “probable cause” and therefore progress from “stop and talk” to “stop and frisk” (Terry stop) only upon observing evidence that a reasonable person would believe disclosed a violation of the law.
When the simple possession of a pistol is no longer a violation of the law, it will be more difficult for a police officer to justify a “frisk” (a pat down to discover weapons), much less a search (go into pockets, backpacks, shopping bags, etc.).
All of which is an interesting exercise in 4th Amendment / 5th Amendment law, but in my opinion …
… has nothing to do with the 2nd Amendment, or the topic of this thread.
The 2nd Amendment has been raised in self-defense cases, in defense of home cases, in protection from criminals.
I WILL SPEAK BLUNTLY:
None of those have anything to do with the 2nd Amendment.
When John Hinkley shot President Reagen, when Lee Harvey Oswald shot President Kennedy, there was a massive outcry that “more gun control” was needed.
And I argued with my liberal friends, who boldly proclaimed to me:
“Well, the 2nd Amendment was never designed to allow citizens to be able to shoot at the President.”
And I tactlessly replied:
“You idiot, that EXACTLY why the 2nd Amendment was passed. It was passed so that We The People can, should the need arise, shoot the President. And the FBI, and the Army/Navy, CIA, etc.”
Then I asked them: “At whom did George Washington assemble an Army, load weapons, and open fire.?”
They say: “The British.”
And I reply: “You need to study your history. George Washington WAS British.”
In the eyes of the law, he was a British as Lord Cornwallis. A British citizen, under the authority of the King.
No, Paul Revere et al. did not call out “The British are coming.” Paul Revere was equally British, too.”
Revere's warning, according to eyewitness accounts of the ride and Revere's own descriptions, was "The Regulars are coming out."
Who?
The Regular Army of his Majesty, of the legitimate government.
When the colonists lowered their rifles and opened fire, who were they shooting at?
Their own government! The 18th century version of the legitimate: Army, the Navy, the FBI, the CIA, the Secret Service, the BATFE, etc.
And when the revolutionaries won their revolution, they passed a constitution.
Soon after, realizing that the only reason they were able to create The United States of America was because they had possession of weapons (including cannon, in addition to pistols and rifles). So added, as the Number Two Amendment to what is commonly called the Bill of Rights, our founding fathers made clear – in the second amendment – that the right of “the people” to have firearms is necessary to the security of a free State, and shall not be infringed.
The Second Amendment is intended to ensure that we, the people, the body of the citizenry armed (also known as the militia) have the ability to remove a dictator and refute tyranny. It presupposes that we -- the militia -- are persons of sound judgment and are law abiding.
Anyway, that's my opinion, and it ought to be yours.
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