Hard cases make bad law, which is why they are reserved for the Constitution, not left to the caprice of legislatures, the sophistry and casuistry of judges or the despotic rule making of the chief executive and his bureaucracy. And make no mistake, guns pose one of the hardest cases a free people confronts in the 21st century, a test of whether that people cherishes liberty above tyranny, values individual sovereignty above dependency on the state, and whether they dare any longer to live free.
A people cannot simultaneously live free and be bound to any human master or man-made institution, especially to politicians, judges, bureaucrats and faceless government agencies. The Second Amendment along with the other nine amendments of the Bill of Rights was designed to prevent individuals’ enslavement to government, not just to guarantee people the right to hunt squirrels or sport shoot at targets, nor was it included in the Bill of Rights just to guarantee individuals the right to defend themselves against robbers, rapers and lunatics, or to make sure the states could raise a militia quick, on the cheap to defend against a foreign invader or domestic unrest.
The Second Amendment was designed to ensure that individuals retained the right and means to defend themselves against any illegitimate attempt to do them harm, be it an attempt by a private outlaw or government agents violating their trust under the color of law. The Second Amendment was meant to guarantee individuals the right to protect themselves against government as much as against private bad guys and gangs.
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