Allan Krosner: Keeping, bearing arms is a civil right
November 22, 2017
Rick Marshall's comment that the Second Amendment's first part "A well regulated militia, being necessary to the security of a free state," I am concerned that "the right to keep and bear arms" has overshadowed this initial statement.
The style of writing at the time of the creation of the Constitution was to preface most parts with a preamble. Like the Preamble of the Constitution, they have no legal meaning.
The first part of the Second Amendment is a preamble. It also is an incomplete sentence. It does not stand on its own. It is the "dependent" clause. The second part "the right of the people to keep and bear arms," is a complete sentence and stands on its own. It is the "independent" clause. A dependent clause has no effect on the independent clause.
Also note that the Second Amendment did not give us the right to keep and bear arms, it says our right predates the Constitution and the government can not infringe on that right. It is a civil right.