Live to Shoot - Defending our 2nd Amendment Rights

Words Having Meaning

August 27, 2022 Jeff Dowdle Episode 129
Show Notes Transcript

,Welcome to the live shoot podcast. My name is Jeff Dole and I've been a licensed firearm dealer for the last 14 years. This podcast, we talk about all things related to the second amendment, as well as my throw a sports story or something going on in my personal life or something else going on in the news. Anything that might be interesting to y'all or to me. And so welcome. Welcome. Welcome. It is Friday, August 26th. So if I said Luke, I am your father. Would you know what it meant? Of course you would, or most people would if you were alive prior to 1980. Right? So any references to that prior to 1980 has, would have a totally different meaning than it does to us. Today. And so if you were reading something that was written in 1975, that said, Luke, I am your father. You wouldn't be thinking about star wars. No, there would, it would be re it would be, have a totally different meaning. So why do I say that? Why I say that? Because words matter. And in the recent second amendment case on the New York rifle and pistol association versus Bruin that decision after it was done now changes the way second amendment law gun laws have to be reviewed. It used to be. That there was a two part test, whether the regulated conduct was protected by the second amendment. And if it was whether, and the second part was, if it was whether the state's reason for enacting the law, outweighed the burden created by the restriction. Now, after ruined the constitutionality of the gun laws will be based on whether the plain text of the second amendment protects the activities. The laws are regulating. What is the plain text to the second amendment? A well regulated militia being necessary to the security of a free state, right of the people to keep and bear arms shall not be infringed. So I, I am a, a, a Christian. I love studying the Bible. And this is just another example. I love studying the Bible. And I'm not, I, I am by far nowhere near a theologian of any sort I like to listen. I like to learn. And the thing I have learned from being a baby Christian, which went before I was a Christian, before I started studying the Bible, the Bible was really confusing. Made no sense to me. It still is very confusing, but I have, I have since learned that the Bible while it was written for. It wasn't written to me. And I have to, when I'm reading the Bible, I have to understand who the audience was, the time it was written, what was going on in that timeframe, because while it has inspired words of, of God humans wrote those words and they may have referenced other writings of the. They may have used a colloquialism of the time that may not make sense to us. Like Luke, I am not your, I am your father. That means something to us. Right. But maybe in a hundred years that won't have the same meaning to people and the way the words the were used at that time. Had a common use of the time versus what they may have been used for today. The fame goes for the second amendment and we have to understand that words matter. The second amendment words are gonna matter more and more, and we have to understand what did the, our founding fathers mean when they wrote a well regulated militia being necessary for, to the security of a free state, the right of the people to keep and bear arms shall not be infringed found interesting article by that. Steven Holbrook wrote some time. It's a scholar, it's more of a scholarly, but in that he breaks down some of these things and there's just some pieces in there that I want to talk about. So one, he writes in there about the word bear. What does bear mean when you say bear arms? And he goes, and he looks at a hunting law or bill that was drafted by Thomas. Jeff. And James Madison who wrote the draftsman of the second amendment. So they're writing this law regarding hunting and what it would've done is it would've find those who hunted out of deer season. And if within a year, the hunter shall bear a gun out of his enclosed ground, unless whilst performing a military duty, he shall be in violation of his recon recognizance. So. You can see at the time in the minds of Thomas Jefferson and James Madison to bear a gun meant to carry it about in one hand or in one's person's. As for the instance, a deer hunter would do bearing arms is not associated with military duty in this language. The language just addresses, bearing a gun by any person when not performing military duty. So. Again, you can see where, where were their heads? When we were talking about bearing arms, they were talking just straight out all the time. Didn't have to be as part of, of military duty. Another interesting thing was, is they in a, there was a common book called the. Be, and it was laws. It was a source book of, of laws and, and it was one of the places where Jefferson got his ideas on government and among the passage, just Jefferson copied word for word was. Denunciation of laws, which forbid forbid Dave Porter, the army, which may be translated as to bear carry or wear arms. That portion of the be which Jefferson copied in Italian was worded in the standard England trans translation in one of the things that he wrote talks about. That no Freeman shall be Debar the use of arms and an avid hunter and gun collector. Jefferson carried pocket pistols, which may be seen today in, in, in Montreal. So bearing arms for personal protection was an unquestioned right in the minds of the founding fathers. Another interesting source then is. That has always been of contention is the word well regulated. So today we know the term regulated in the terms of regulation, right? And so people are saying that if it, if it says in there that it is a well regulated militia, meaning a well controlled in the sense of laws, militia. and that there's controls around it, but in the time of the authors wrote the second amendment, there wasn't really anything. Any knowledge of regulation. If you look in the Oxford English dictionary around that time some of the writings of it says if a liberal education had, has formed in us well, regulated appetites, and were the inclinations 17, 14, the practice of all well regulated courts of justice in the world a remission of. In 1848, a Remi remiss for which I am sure. Every well regulated person will blame the mayor. The phrase, well regulated was in common use long before 70 19 a nine, and remained for the century afterward. And it, it was meaning that something was improper working order. Something that was well regulated was collab calibrated, correctly, functioning as expected. Establishing government oversight of the people's arms was not only not, not the intent in the seasons of the phrase second amendment. It was pricely. It was precisely to run into the government powerless to do so, but the founders wrote it. So well regulated means that it, it is it's, the militia was prepared. They were ready to go. And that as part of that, to be ready to go meant that the people had. Armed is it's very simple and very clear to that fact. So the the, the use of these words in these terms, when you go back to the time and around them, it is very clear that the second amendment was meant for individuals to be armed and to be prepared so that they are prepared to. As part of the military if needed, but they are also prepared to defend themselves. So, you know, you look at all these, this evidence and when we go back and we start building these cases for the second amendment that are gonna be coming, the second amendment is going the. The text is gonna come under scrutiny and we have to be prepared to argue and, and defend the use of the second amendment based on what the founders meant. And what were the common use of the words in phrasing at the time? I just found this interesting. I know it's, it's, it's a little history. I like sometimes just talking about history and where the second amendment came from and, and just, just general things of that nature and not always getting caught up in what's the, the. News of the day, but this applies because based on the new ruling from the second amendment, we have to understand what the new ruling from the Supreme court. We have to understand what the true text said in regards to the second amendment. So I thank you for listening. Share this podcast, listen to it on the fountain map. Follow me links in the show notes. Appreciate it. And you all have a good.