I can simplify the first part for you. The Constitution refers to “violently insane” and “violent criminals” as “the accused”. To understand my opinion, make the appropriate substitutions, and read the constitution.
I can’t find anything about the accused losing their right to bear arms. Can you direct me to the relevant passage? Or can I take this to mean that you support the violently insane and criminals owning and carrying firearms?
The role of the guardian, then, is to prudently permit and restrict the liberties of their ward. This certainly includes the keeping and bearing of arms.
So should it be legal for me to decide that my five year old son can carry a 9mm with him when he goes out to play with the neighborhood kids?
Sorry for the delay- I didn’t get a notification for some reason.
The point is that the violently insane and young children are not allowed to keep and bear arms because they may harm others and because they’re incompetent, respectively. You may still consider them part of the militia in some philosophical sense, but practically, they don’t have the right described in the second amendment.
If we can restrict a child’s right to keep and bear arms because they are incompetent, then the precedent exists to do the same for adults with no training.
If we can restrict a violently insane person’s right to keep and bear arms because they may harm others, then the precedent exists to do the same for sane people who may harm others.
Obviously, adults are not children, and they are mostly sane. However, they can still be just as incompetent, and they can still accidentally kill others during arguments. The analogy holds.
No military in the world would deploy a fighting force without mandatory weapons training, and a militia is not “well regulated” if it’s members don’t know how to use their weapons.
we can restrict a child’s right to keep and bear arms because they are incompetent, then the precedent exists to do the same for adults with no training.
Ah, I see the issue. You’re using the word “incompetent” to describe a skill level. I am using the word incompetent to describe the legal capacity to comprehend the consequences of one’s own actions.
A child with olympic class training and shooting skills, who regularly outshoots police and military sharpshooters in competitions, is still a ward of their parents; they are still deemed unqualified to manage their own affairs. They are still presumed incapable of contemplating the consequences of their own actions, and must be supervised by a parent or guardian. This presumption does not allow them to independently keep and bear arms, yes. (They do have the right to keep and bear arms, contingent on the approval of their guardian: their guardian can arbitrarily deny them access to guns; the state cannot)
But, this same presumption also denies them the right to vote, and independent exercise of all other rights and privileges. That’d what “wardship” means. The state cannot interfere with their rights, but their guardian can. (Britney was made a ward of her father long after she became an adult. Her father had legal control of her finances. The government did not have the right to keep her from buying things, but her guardian did.)
At whatever point you end their wardship and statutorily grant them independence from their former guardians, you also grant them independent exercise of their right to keep and bear arms.
If we can restrict a violently insane person’s right to keep and bear arms because they may harm others, then the precedent exists to do the same for sane people who may harm others.
A court was involved in depriving the “insane” person of life, liberty, or property. They were formally accused, tried, convicted, and sentenced in a court of law, while enjoying all the rights of the accused, including the presumption of innocence.
Courts have previously found that certain people should be jailed indefinitely, or even killed. Those findings against those particular people are not “precedent” for arbitrarily jailing or executing the general population.
Have you taken a basic civics course? Your proposals directly conflict with the basic, fundamental principles of our form of government.