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  • Writer's pictureR. P. Cox

Is your state free? An examination of how the 2nd effects you. Part 1 of 3

Updated: Sep 26, 2020

Turns out you are already part of the militia, yes you! part 2 of 3 click here

You can't own an assault rifle and be a good person, right? part 3 of 3 click here


“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.”

So why do we have the Second Amendment? Is it still valid with the technology of our days? Should we get rid of it and replace it with something more proper for our time? Maybe just get rid of it all together? I am confident in the credibility and necessity of the Second Amendment and I am not nervous in discussing those questions in an open conversation about them. I feel that way because I have on occasion had the same questions. It is perfectly normal and healthy to question your beliefs. It helps control the overl-zealous side of our nature. It builds confidence in your own beliefs. You should be able to take a look at your beliefs and say I don’t know exactly why I feel this way, but I feel this is right. Then with an open mind, explore and study your beliefs to their ultimate conclusion. Then reevaluate the findings and see if they still feel right. If you land in that gray area where there is no clear answer, then you have to go with your gut and be true to yourself. You are the one that has to live with you.

That is a small amount of words for such a polarizing subject. In this chapter I want to focus on the part of being a free state. If we understand this, then we will understand what the heart of the Second Amendment is for. I feel it often gets overlooked because it does not incite the passion that the statements of “A well-regulated militia” or the “bear arms, shall not be infringed” seem to do. Or perhaps we all just assume everyone understands what a “free state” means and move on to the other statements. I feel it’s worth clarifying.

The Free State is as much a mental state as a physical state. It covers not only the country, state, city, and home you live in, but it also includes your opinions and beliefs. In order to have a free state, you cannot live in fear. You cannot be forced into doing something you feel is wrong. To put it patriotically, a free state allows you life, liberty, and the pursuit of happiness. The Second Amendment is written to ensure that we are able to keep a free state. If there is something that stands in contrary to the ability of a citizen to live in a free state, it should either be entered into willingly or it should be opposed. As an example, we are still subject to the laws that have been established. If I am caught doing 100 MPH in a 55 MPH zone on the freeway, it’s not an infringement on my liberty to be punished for my actions. I have agreed not perform that act in exchange for the opportunity to live in society with everyone else. I have agreed on a punishment for that crime and agreed to the established authorities to enforce all parts of my punishment. But if someone is enforcing something that is contrary to the agreed laws and practices, that would be an infringement on the free state and should be opposed accordingly.

Historically’ change has been part of our country. Physically’ we expanded from coast to coast and onto the islands in the oceans. Economically’ we have become one of the worlds biggest economies. We have also changed socially and politically. Suffragettes, prohibition, Jim Crow Laws and the abolishment of slavery are all examples of those changes, however painfully slow and costly at times. There are many examples of change happening peacefully without violence. We should strive to emulate those examples when we feel something is infringing on our free state. I believe violence should be avoided. But if the time comes when violence is necessary, it is more difficult to win such a situation when you are forced into having a disadvantage. There are examples of governments taking away the free state that needed to be handled with a display or use of force. The nation we live in was formed after we separated from an oppressive government. Ultimately’ we were forced into a war with one of the most powerful empires on the planet. The costs of such ventures were high, but look what we were able to accomplish with what we won. Through the years we have become a dominant world power in most aspects you can measure a country on. With that said, we are not a perfect country and neither is our government.

One of the earliest examples would be the exploitation of the indigenous people in America. This is a complex subject, as almost all subjects are when we are looking back in history. In this case we are able to see what is capable when a government believes it will not face adequate opposition when it oversteps its boundaries. Treaties were not kept, as well as enslavement, relocation, torture and murder. The scars of our ancestors’ actions are still felt today. Some may say that the cruelty towards the Native Americans was only from the army or the captains acting out of order. That the higher brass didn’t intend for it to go so far. I find that to be a poor excuse and a way to wash your hands of responsibility. The argument might be made that the Native Americans were not citizens and the government was looking out for the citizens that it governs. I would hope that a government would not do that to its own citizens. Through the history of the world though, it is not out of the realm of possibility. I believe our government would not do that in modern times. I hope that remains the truth.

A complex, but more modern example of a free state being infringed on because of ones beliefs, we can look at how the Mormons in the mid 1800’s struggled. Because of what they believed, the Mormons were chased out of the country, state by state. Homes burned, property stolen, physically beaten, shot, and killed. The Mormons established the city of Navoo, Illinois by purchasing the land, draining the swamps, building roads and city building. They had established the prominent city, houses, and farms. Because of previous encounters with hostility, the Mormons preferred to be left alone and avoided conflict. They chose to build their own city instead of moving into existing ones. Earlier in their history the Mormons were met with force from governments that believed that they would not be met by force that ultimately drove the Mormons out of the cities they established. In Missouri, there was a sanctioned order by the governor to drive all Mormons out of the state. It should be noted that a lot of the persecution of the Mormons was by mob and not government. Weather politicians took favor with or acted in the mobs is unclear, but no members of the mob were prosecuted. The Mormons could not find a free state until settling outside the United States in the territory of Deseret, which later became Utah.

Another modern example is the situation that took place in Tennessee commonly known as the battle of Athens. In the early 1940’s, during World War II, the county government of McMinn became increasingly corrupt. A large part of the population was unaware or unable to do anything about it as they were serving with the war effort. After the war was over and people started returning home, they became aware of the corruption of their local government. They attempted to vote out their leaders by forming a group called the GI nonpartisan party. The issue came to a head on the day of the elections. A free vote was halted when the voting boxes were taken and held in the jailhouse for an “official” count with no witnesses. The people gathered together to breach the jailhouse to restore the election. They got their ballot boxes and were able to vote out their officials. Interesting note, people who are aware of the capabilities of their arms and practiced in their employment, not afraid of using their arms, have a greater power over their oppressors.

As I have been researching examples for this chapter I have found that there is a large amount of gray area. I don’t know what I was expecting to find. If this was a simple black and white case there wouldn’t be any conflict. But more often I found examples of people doing bad things that are not necessarily illegal but still not morally right. Also, the authorities getting involved and not technically overstepping their authority, but drastically overreacting to the situation. Both could be used to justify either side of the debate on the Second Amendment. “If so and so didn’t do that we wouldn’t need to do this.” “Well, because you did that I feel I need to do this.” “this happened because of this” or “that only happened because of that.” That attitude doesn’t help anyone. Is friction is part of enjoying the free state? I have no other way to reconcile what I have found, but the Free State is worth the friction. Nowhere does it say the Free State is given easily. I am comforted in knowing that the examples I researched are the huge minority and that throughout most of our history Americans are able to enjoy a sense of stability and opportunity.

The last part of the free state that should be talked about is living in fear. Not fear of some irrational thing like a shark in the swimming pool. (Side note, a shark in the pool shark fear is surprisingly common. Completely irrational but a lot of people still fear it.) In any case, people do have justifiable fears. There are bad parts of every town. There are predators with bad intentions. We all like to think we are safe when we lock our doors but the truth is that some people are not. If physical stature or physical security is unable to protect someone, a gun is an excellent equalizer. I don’t believe in threatening to shoot people or brandishing weapons. But if someone can get a feeling of security knowing that they have equal potential to win in a confrontation, I would have a hard time telling them they have to face those conditions without it. I feel fortunate to generally not feel threatened in my day to day life. But I have been made aware of times in peoples lives when they do not feel safe. Waitresses walking to their car at night after a shift generally have their tips in cash on them. Students walking alone after a late class. Single parents who live in bad neighborhoods and have to look out for the protection of their families. Danger is real but you should not have to live in fear of it.

If you decide a firearm is the right thing for your protection and are going to carry the weapon on you, then you need to dedicate yourself to being responsible with it. That includes thing such as buying a proper holster, training, and practice. A purse or bag is not a holster. Something that can cover the trigger portion at a minimum should be used. There are tons of options out there, do a bit of research and add the cost of your holster to the cost of your gun. You need to be shooting the weapon at least once a month if not more. Shooting is a perishable skill. You need to be proficient with your weapon or the weapon can become just as dangerous to you as someone else. This involves practicing holstering, loading, unloading and any other function your firearm has. It also includes proper maintenance and storage for your weapon. If you have children, teach them about the weapon. Don’t expect to go to a store and buy a gun and call it good. There is a lot of responsibility in owning a gun. I’ve been told that if you are prepared you shall not fear. Unfortunately I have no advice how to prepare anyone for pool sharks. They are probably going to eat you in your sleep, seems just as likely as them being in the pool.




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