The Argument About Gun Control

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A personal point of view related to gun laws and their constitutionality.

The SECOND AMENDMENT specifically states that the right to bear arms SHALL not be infringed.  To quote the text, "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."

SHALL—1. used in laws, regulations, or directives to express what is mandatory.
          2. an imperative command; has a duty to or is required to. For example, the notice shall be sent within 30 days.

INFRINGE—1. to encroach upon in a way that violates law or the rights of another.
              2. act so as to limit or undermine (something); encroach on.

When we put all this together, the second amendment specifically states (and it hasn't been modified to date since conception) that any laws made that changes the rights of any person in the United States is UNLAWFUL and UNCONSTITUTIONAL. 

Note that I do not distinguish between regular Joe or convict.  The amendment does NOT say that if you are a criminal/convict that you cannot own or possess gun, that is a law set up by people, and while the intention is understood there are several flaws with the law.  First and foremost, they infringe the right to bear arms, which makes the law unlawful and unconstitutional....don't like it?  TOO BAD.  The US Consitution is not an ALA CARTE menu.

The Amendment does NOT have any language that stipulates that things can be changed at the whim of the politicians, it has no room for interpretation; it plainly states that Americans have a right to bear arms and NOTHING can change that right.  It doesn't say that you can leagally state you can only have a breech load or bolt action rifle, the word is ARM and it can take any shape.  Semi-automatic, bolt-action, breech load, even FULL AUTO is defined within the term ARM.  Any laws passed by states that say you can't have 30-round mags, full auto rifle, semi-auto rifles, etc, are all infringments; read that ILLEGAL, UNLAWFUL, UNCONSTITUTIONAL.

Nothing in the second amendment states that ARMs must be carried in the open, in a holster, strapped to your back, on your hip, under you arm, or concealed.  All those laws that say you have to have a LICENSE to conceal carry or states where open carry is "outlawed" are ILLEGAL, UNLAWFUL and UNCONSTITUITIONAL.

The second amendment also simply says PEOPLE have the right to bear arms.  It has nothing that can be interpreted to mean you have to be 16, 18, 21 or any other age...

PEOPLEhuman beings in general or considered collectively.

Note the lack of any qualifiers that denote age, gender, or race.  Any and all laws that specify you must be xx years of age before you can buy a weapon is ILLEGAL, UNLAWFUL, and UNCONSTITUTIONAL.

We hear about all kinds of cases going to the Supreme Court all the time.  Ever hear any gun laws get challenged?  I wonder why.  If you are a justice on the supreme court, THE ONLY STANCE you can take is to identify any and all gun laws as UNCONSTITUTIONAL.  They can't interpret the second amendment any other way.  It is pretty much as clear text as you can make it. 

Lawmakers throughout the United States take the same pledge; to protect and defend the Constiution...and yet any law makers who has voted to INFRINGE the rights of any person to BEAR ARMS has violated their oath. 

At some point in time, we have to call lawmakers on their over-reaching power grab...one side or the other always points fingers at the other side, blaming them for over-reaching, when in fact, they have all been over-reaching and making laws that are UNCONSTITUTIONAL.

Stay up for your rights AMERICA.  It is time to stop being BULLIED by the folks in our capitals.

Comments
Mark Conrad 6 yrs

2A vs State
Federal laws and regulations on firearms, or arms, are unconstitutional.
State laws in this regard are often in violation of the State’s constitution.
The second amendment does not give the federal government any authority over firearms, therefore the Supremacy clause does not apply.
Since the authority is not specifically granted to the federal government it falls to the people and the States.