The second amendment no longer exists.
Sure, it is still part of our Constitution, but it has been altered and depleted by BOTH parties to the point where the original amendment text is no longer relevant.
The second amendment, as written by the Founding Fathers reads as follows:
“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.”
Let’s break this down for a moment.
The amendment starts by referring to a “well regulated Militia”.
That portion of the amendment has been thrown out through multiple court cases, most recently in District of Columbia vs. Heller in 2008 and McDonald v. City of Chicago in 2010, where the courts ruled that individuals have the right to bear arms for protection and self-defense even if they are not part of a “well regulated militia”.
So the “well regulated militia” portion of the second amendment is gone. No longer relevant.
Let’s move on to the next portion of the amendment – “the right of the people to keep and bear Arms, shall not be infringed.”
And let’s pay particularly close attention to the “shall not be infringed” portion.
In the second amendment there is no mention at all of weapons bans, age limits for purchasing a weapon, mental health restrictions, criminals not being allowed to own weapons after they have served their time, etc.
Yet BOTH parties have overseen scores of restrictions on “the right of the people to keep and bear arms”
For example, it is illegal to own a fully automatic weapon.
One cannot purchase a fully armed Black Hawk helicopter.
A US citizen also cannot legally purchase the ingredients to make a nuclear weapon, let alone actually construct and possess a functioning nuclear weapon.
There are also age restrictions. In every state a citizen has to be at least 18 years old to own any kind of a firearm.
Both republicans and democrats now want to add mental health restrictions or “red flag laws” where citizens can have their right to bear arms removed without even committing a crime.
The NRA, and the republican politicians they control through large donations, will often use the talking point “guns don’t kill people, people do”.
The problem with this talking point is that it does not even reflect their own policies.
If weapons don’t kill people, people do, why are any weapons at all illegal? Surely a fully automatic machine gun does not get up, walk out of its case and start shooting people on its own, does it?
A fully loaded Black Hawk helicopter cannot begin flying on its own and then open fire on fellow Americans.
Yet American citizens cannot legally purchase any of these weapons.
Heck, Donald Trump, with the support of the NRA and fellow republicans, just banned Bump Stocks. Bump Stocks are simply a firearm enhancement tool that turns a semi-automatic weapon in to a fully automatic weapon.
So what would possibly be the logic behind that move by Trump, with the support of the NRA and fellow republicans?
Certainly Bump Stocks don’t kill people, people do. So why ban them? That support for a Bump Stock ban goes completely against the NRA and republican logic that we have a people problem and not a weapon problem.
As you can see, both parties, as well as the courts, have completely dismantled the second amendment.
No one in this country, republican, democrat, conservative or liberal, can hide behind the second amendment anymore because, as written, it no longer exists.
One cannot say they support the second amendment but also support age restrictions, weapons restrictions, “red flag laws”, banning tools such as Bump Stocks, etc. because if you are for any of that at all, you do not support the second amendment as written.
The firearms laws we now have on our books in no way even resemble the second amendment as written by the founding fathers, and whether either party will admit it or not, BOTH parties are responsible for that based on their policies and the decisions handed down by both conservative and liberal justices on the Supreme Court.
So now that we know the second amendment, as written, is completely irrelevant today, why not just completely re-write the amendment or create overarching gun legislation that makes more sense in our modern day society?
The second amendment is Gone. It is now time to move on.