The Right to Bear Arms is to be by State and not Federal Law Position by Orion Karl Daley About Gun Control and the Right to Bear Arms in a Civil Society: "MEN being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent. The only way whereby any one divests himself of his natural liberty, and puts on the bonds of civil society, is by agreeing with other men to join and unite into a community for their comfortable, safe, and peaceable living one amongst another, in a secure enjoyment of their properties, and a greater security against any, that are not of it." John Locke (The Second Treatise of Civil Government, Chapter VIII Section 95) As Schools are easy targets, so are shopping centers, and urban areas. When having liberal laws about lethal weapons, are these circumstances accounted for and in their accounting, do these laws indirectly suggest that we should all then carry guns for our personal protection. If this is the case, then how do local law officials and the police determine who is shooting in self defense, as opposed to one who is not ? Simply should the law be all or nothing, or should they be more conservative where guns are legal. Americas history has in it the Kentucky long rifle, but does this mean that our history must also demonstrate negligent laws ? You do not have to be a Constitutional Lawyer, to read the very clear English in the United States Constitution. But yet it can lead to confusion for law makers, judicial bodies, politicians and political candidates. In terms of the right to have guns as a personal possession, Amendment 2 is often referenced, but not Amendment 10. Whats more, Amendment 4 can also be considered part of this as well. I see Amendment 2 for having a totally different purpose in that it is intended to serve the security of a State, where Amendment 10 enables 'Ad Hoc' laws to be realized. Amendment 2- Right to Bear Arms "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. " When I read this, I look at the terms 'Regulate, Militia , Security, State " as being the conditions for the "right to bear arms" . The Amendment appears to intend that for the' Security of a State, that a well Regulated Militia' is called for, which during the times of the drafting of the Constitution, the people made up such militias. Todays State Militias are the National Guard. This is supposed to be there only purpose. This is who I would want to see protecting our borders, and our ports, and when in full deployment nationally are quite capable of doing so for our Homeland Security. I do not see Amendment 2 stating that we as a people may collect guns at will for the sake of collecting guns. Amendment 10 , I would think can be used to make a stronger case for both pro and anti gun advocates. This is because it leaves it to State Law. Amendment 10 - Powers of the State and People "The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". This Amendment enables each State to form its own laws. This allows Virginia to even allow a transient to purchase a 50 Caliber rifle, where New York State does not have to oblige this law. So with a little imagination, the Constitution's Amendment 2 can likewise serve as a limitation to Amendment 10's latitude for having making laws. For the sake of argument, as a State, through Amendment 10 can allow one to have any kind of weapon, Amendment 2 then calls for the State Militia to prevent this from being a threat. We can appease our desires for guns , and respect the laws of other States for not allowing them, and yet not have one infringe on the other. In each case, the State in question has to live with the consequences of its laws. Guns for the Good Citizen: Personally I have no issue with people wishing to have guns in wide open spaces, but in heavily congested urban areas, I do. In fact the very concern of needing a well regulated militia can be called for in the case of Urban riots. Here is what I mean. People should have the right to collect all the guns they want if that is what their lives amount to be, but it is not something for one's place as part of a sustained society. As much as Amendment 4 allows us our privacy, this is where our personal lives belong; and not in public. For example, in a congested urban area, or even in a crowded subway, there would be more collateral damage if we all pulled our guns in the name of the good when thinking that another had pulled theirs. Hence, I would never advocate that students such as Virginia Tech arm themselves, as it would be pandemonium to all run around with our registered concealed weapons and mounting paranoia. Do we have a mind set for this in the first place when considering road rage ? We live in a highly complex society, where this has to be accounted for when we all have our own little beefs. For my own beef, in being located 10 blocks north of ground zero, I had actually looked for the local militia on 9 /11 as it looked like an invasion. I wanted to know if they were adopting a citizens unit. With my family at stak e with ashes and death all around us, I also looked at anyone, and I mean anyone to see what was in their eyes, an d what their hands were doing. It was instinct, and did not require thought. This is not a way to live, and let l ive; but is in a war zone. Realistically, although we cannot control anything, we can manage things. With our young, we do have the opportunity as parents to help shape their views. Part of moral courage that I have taught my children is to live and let live, and help to foster that as a sustained way of life. That is regardless of their experience in 9/11 where instincts are required. Live and let live, is also a fleeting reality if not regarded highly. To serve the people in our highly complex society, our laws must demonstrate this. In Retrospect , Orion Karl Daley Presidential Candidate for 2008 for the Strategic Future of our country Balanced Party http://unity2008.org