Latest / Live to Shoot - Defending our 2nd Amendment Rights / Words Having Meaning
Transcript
- 0:15,Welcome to the live shoot podcast.
- 0:17My name is Jeff Dole and I've been a licensed firearm dealer for the last 14 years.
- 0:20This 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.
- 0:29Anything that might be interesting to y'all or to me.
- 0:32And so welcome.
- 0:33Welcome.
- 0:33Welcome.
- 0:33It is Friday, August 26th.
- 0:36So if I said Luke, I am your father.
- 0:41Would you know what it meant?
- 0:44Of course you would, or most people would if you were alive prior to 1980.
- 0:50Right?
- 0:51So any references to that prior to 1980 has, would have a totally different meaning than it does to us.
- 0:59Today.
- 1:00And so if you were reading something that was written in 1975, that said, Luke, I am your father.
- 1:06You wouldn't be thinking about star wars.
- 1:09No, there would, it would be re it would be, have a totally different meaning.
- 1:13So why do I say that?
- 1:14Why I say that?
- 1:15Because words matter.
- 1:16And 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.
- 1:31It used to be.
- 1:33That there was a two part test, whether the regulated conduct was protected by the second amendment.
- 1:37And 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.
- 1:45Now, after ruined the constitutionality of the gun laws will be based on whether the plain text of the second amendment protects the activities.
- 1:52The laws are regulating.
- 1:54What is the plain text to the second amendment?
- 1:57A 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.
- 2:06So I, I am a, a, a Christian.
- 2:09I love studying the Bible.
- 2:12And this is just another example.
- 2:14I love studying the Bible.
- 2:15And I'm not, I, I am by far nowhere near a theologian of any sort I like to listen.
- 2:21I like to learn.
- 2:22And 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.
- 2:30Made no sense to me.
- 2:31It still is very confusing, but I have, I have since learned that the Bible while it was written for.
- 2:39It wasn't written to me.
- 2:41And 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.
- 3:02They may have used a colloquialism of the time that may not make sense to us.
- 3:08Like Luke, I am not your, I am your father.
- 3:11That means something to us.
- 3:12Right.
- 3:13But 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.
- 3:22Had a common use of the time versus what they may have been used for today.
- 3:27The fame goes for the second amendment and we have to understand that words matter.
- 3:31The 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.
- 3:50Steven Holbrook wrote some time.
- 3:52It'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.
- 3:59So one, he writes in there about the word bear.
- 4:03What does bear mean when you say bear arms?
- 4:06And he goes, and he looks at a hunting law or bill that was drafted by Thomas.
- 4:12Jeff.
- 4:13And James Madison who wrote the draftsman of the second amendment.
- 4:17So 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.
- 4:25And 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.
- 4:38So.
- 4:40You 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.
- 4:49As for the instance, a deer hunter would do bearing arms is not associated with military duty in this language.
- 4:56The language just addresses, bearing a gun by any person when not performing military duty.
- 5:01So.
- 5:02Again, you can see where, where were their heads?
- 5:05When we were talking about bearing arms, they were talking just straight out all the time.
- 5:10Didn't have to be as part of, of military duty.
- 5:13Another interesting thing was, is they in a, there was a common book called the.
- 5:21Be, and it was laws.
- 5:24It 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.
- 5:37Denunciation of laws, which forbid forbid Dave Porter, the army, which may be translated as to bear carry or wear arms.
- 5:46That 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.
- 5:57That no Freeman shall be Debar the use of arms and an avid hunter and gun collector.
- 6:03Jefferson carried pocket pistols, which may be seen today in, in, in Montreal.
- 6:07So bearing arms for personal protection was an unquestioned right in the minds of the founding fathers.
- 6:14Another interesting source then is.
- 6:17That has always been of contention is the word well regulated.
- 6:21So today we know the term regulated in the terms of regulation, right?
- 6:27And 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.
- 6:38and that there's controls around it, but in the time of the authors wrote the second amendment, there wasn't really anything.
- 6:47Any knowledge of regulation.
- 6:49If 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.
- 7:07In 1848, a Remi remiss for which I am sure.
- 7:10Every well regulated person will blame the mayor.
- 7:13The phrase, well regulated was in common use long before 70 19 a nine, and remained for the century afterward.
- 7:20And it, it was meaning that something was improper working order.
- 7:25Something that was well regulated was collab calibrated, correctly, functioning as expected.
- 7:32Establishing government oversight of the people's arms was not only not, not the intent in the seasons of the phrase second amendment.
- 7:37It was pricely.
- 7:38It was precisely to run into the government powerless to do so, but the founders wrote it.
- 7:43So well regulated means that it, it is it's, the militia was prepared.
- 7:48They were ready to go.
- 7:50And that as part of that, to be ready to go meant that the people had.
- 7:54Armed is it's very simple and very clear to that fact.
- 7:58So 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.
- 8:17As part of the military if needed, but they are also prepared to defend themselves.
- 8:22So, 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.
- 8:32The 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.
- 8:42And what were the common use of the words in phrasing at the time?
- 8:45I just found this interesting.
- 8:46I know it's, it's, it's a little history.
- 8:48I 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.
- 8:58News 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.
- 9:07We have to understand what the true text said in regards to the second amendment.
- 9:12So I thank you for listening.
- 9:14Share this podcast, listen to it on the fountain map.
- 9:17Follow me links in the show notes.
- 9:19Appreciate it.
- 9:20And you all have a good.