Cooke: "Why Would Anyone Want a Firearm?"

More great stuff from Charles C.W. Cooke at National Review:

Of all the ill-considered tropes that are trotted out in anger during our ongoing debate over gun control, perhaps the most irritating is the claim that the Constitution may indeed protect firearms, but it says “nothing at all about bullets.”

On its face, this is flatly incorrect. Quite deliberately, the Bill of Rights is worded so as to shield categories and not specifics, which is why the First Amendment protects the “press” and not “ink”; why the Fourth covers “papers” and “effects” instead of listing every item that might be worn about one’s person; and why the Fifth insists broadly that one may not be deprived of “life, liberty, or property” and leaves the language there. The “right of the people” that is mentioned in the Second Amendment is not “to keep and bear guns” or “to keep and bear ammunition” but “to keep and bear arms,” which, per Black’s Law Dictionary, was understood in the 18th century to include the “musket and bayonet”; “sabre, holster pistols, and carbine”; an array of “side arms”; and any accoutrements necessary for their operation. To propose that a government could restrict access to ammunition without gutting the Second Amendment is akin to proposing that a government could ban churches without hollowing out the First. If a free people are to enjoy their liberties without encumbrance, the prerequisite tools must be let well alone.

Do go read the whole thing.

 

About the Author

Andrew Branca
Andrew F. Branca, Esq. is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions.

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