How State and Federal NICS eliminate the 2A

[LRRPF52]

The "pure nature" of the 2A has never actually existed. Even when the 2A was enacted, it was being violated by the Founders themselves, with laws prohibiting the vast majority of black people from keeping and bearing arms.

Nor do background checks and NICS undermine the intent of the Founders. The intent of the 2A was to ensure that members of State militias had access to the weapons they were required to own under the Second Militia Act of 1792. Since criminals would not be desired in a State militia, requiring background checks to purchase militia weapons is compatible with the Founders' intent.

The 1934 NFA and the 1986 machine gun ban would violate the intent of the 2A, were it not for the fact that the State militia system was superseded in 1903 by the National Guard, which provides all required weaponry. Since there is no longer a Federal mandate that militia members provide their own weapons, and indeed privately-owned firearms are prohibited for military duties, NFA restrictions and the ban on machine guns are no impediment to modern militia duty.

Your argument is based on the premise that federalizing the State Guards is in congruence with the right of the people to keep and bear arms, which falls flat on its face upon basic inspection.

When State Guard units were converted from defending the States to US Federal standing Army reserve components forces, able to be called to duty by executive order of the President, they ceased to fulfill any legal definition of the local militia. Therefore, anyone with basic reasoning and critical analysis can plainly see that the people were left for themselves to act in the original capacity of a militia.

Especially in a time like this, where National Guard units are being called to serve in a Federal capacity, and local law enforcement is openly stating that they will not respond to many felonious crimes in one of the biggest metro areas of Texas, the role of the 2A in maintaining order by deterrence shines for itself.