Opinion

More on the Second Amendment

Discussing differing views

On March 24, 2021, I wrote my article called “Dark Ages of the Second Amendment”, which you can read here. To give a quick recap of the article, I wrote that reasonable gun laws are not an infringement of a person’s Second Amendment rights. Firearms being outlawed completely would certainly be an infringement, but since we can own firearms (and I do), reasonable laws can, and should be enacted. Nor would I ever support the confiscation of all firearms in the United States, whether or not the Second Amendment existed.

I received a comment that same day from a person identified as Alan Sexton. In his comment he stated that my views of the Second Amendment were totally irrelevant. He believes any gun law is an infringement. He went on to say that “to the chagrin of the anti-gun crowd, many folks on the political left hold the same view as folks on the right.

I wrote a long comment in reply to his second comment that any laws are an infringement, but for some reason WordPress failed to post the comment. So, I’m going to recreate the my comment as an article instead.

Let me begin by saying that I once held the same beliefs as Alan, for over 20 years. But, as I saw more and more murders (from individual killings to the mass killings) happening I came to change my views on the Second Amendment. I was also a conservative of the Republican Party during that period as well. Now, either “party” are anathema to me since neither party serves the people.

In my reply, I asked some questions that I hope Alan will read here and give substantive answers to in the comment section of this article. I also offer Alan the opportunity to write an article that I will post on this blog. I guarantee that I will not edit your article in any way. The opportunity is yours to educate people on your Second Amendment beliefs in detail. My email link is listed on my Contact page.

Okay, so off I go.

The Second Amendment reads, “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.

We will dispense with the part about a well regulated militia, since I (likely as Alan does) believe that is totally separate from the second part dealing with “the right of the people to keep and bear arms shall not be infringed”. The discussion comes down to what law(s) infringe on the people’s right.

My first question to Alan was that if any firearm law/restriction can not be enacted, then why has the Supreme Court not handed down a ruling that states that no laws may be enacted?

Next, by your beliefs are you stating that:

  • Firearms should not have serial numbers (Gun Control Act of 1968)?
  • Federal Firearm Licenses are illegal?
  • Convicted felons can purchase, possess, and carry any firearm they desire?
  • People with serious mental illness can purchase, possess, and carry any firearm they desire?
  • There should be no age limit on the purchase, possession, and carrying of a firearm?
  • People can possess and carry firearms (whether concealed or openly) into any state legislative building, the US Capitol, any court (including the US Supreme Court), any police station, any jail or prison, any place of worship, any bar/tavern/lounge, any primary or secondary school, any hospital, and so on?
  • People can purchase any possess firearms like the M240 machine gun, the M249 SAW, the M2 .50 caliber machine gun, a grenade launcher (M79 or M203 as examples), etc…?

My next question Alan is, how do you propose to deal with the mass shooting incidents that have caused multiple deaths (Atlanta, Boulder, and – just last night – the FedEx building in Indianapolis as examples)? There have been so many that this is a reasonable question. Now, I concede that no law will stop all of these types of incidents, but some could be deterred with reasonable firearms laws. Is America just suppose to shrug our collective shoulders and say “that’s life”?

Alan, how do you propose the removal of any and all firearm laws/restrictions to attain your belief in the Second Amendment?

When the founders wrote the Second Amendment the firearms of the day were black powder, single shot, weapons. Are those then the weapons allowed to the people? Plus, many states wrote laws prohibiting slaves from owning/possessing firearms. Were those laws unconstitutional? Whiles slaves were counted as only 3/5th’s of a person for determining representation, they were classified as people. Also, in 1837 the State of Georgia enacted law to prohibit the carrying of small firearms, concealed or openly. In 1845, the Georgia Supreme Court, using the Second Amendment to reach it’s decision, overturned the portion of the law prohibiting the open carrying of a firearm. The Court left intact the portion of the law prohibiting the concealed carrying of a firearm.

I’m seriously interested in hearing your reasoning on each of the questions I have asked. By answers, I don’t mean just the mantra that the Second Amendment prohibits any infringement (laws or restrictions) on the right to keep and bear arms. This is your opportunity (or anyone else’s who is interested) to educate everyone on the Second Amendment. I also encourage people who are pro-gun control to articulate their reasoning as well.

I hopefully await your comments Alan.

Until next time

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