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billh58

(6,649 posts)
9. As Justice Stevens noted in his dissent in Heller:
Mon Feb 16, 2015, 10:44 AM
Feb 2015
"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution."


The common-law right of self-defense does not automatically confer the right to be armed at all times "just in case" you need to defend yourself. The SCOTUS decision in Heller included the following statement:

"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analog."

http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller


The same logic applies to Stand-Your-Ground laws, and the duty to retreat is a sound survival and desired legal tactic.

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