Tuesday, April 23, 2024
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To Preserve Gun Rights, We Must Replace the Second Amendment

When the Founders first wrote and passed what we know call the Second Amendment, they viewed the Constitution in an entirely different way than most people do today. Most laws were passed at the state and local levels, and state constitutions determined the limits of those laws, including gun laws. Following the passage of the 14th Amendment—which reads, in part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”—some courts began determining that at least some of the federal Bill of Rights applies to the states as well. For most issues, Americans are willing to accept such a model. Either left-wing states and their citizens will have to continue living in a nation in which guns are constitutionally protected, or they’ll have to change the Constitution to ban most or all types of guns from being owned. Unfortunately for gun advocates, left-wingers don’t need an amendment to gut the Constitution of its firearms protections. After all, liberals already have four justices on the bench who would likely approve of a law creating radical restrictions on gun rights, and the Court’s swing vote, Anthony Kennedy, is 81 years old. The United States needs a new amendment governing gun rights, and the only amendment that would likely have any chance of being approved would be one that returns the Second Amendment to the position the Founders envisioned, when it only applied to federal law. This, coupled with clarifying language that makes it more difficult for federal authorities to restrict gun rights, would permit states to issue stricter gun bans, assuming their state constitutions allow it. But it would also ensure citizens in states where guns are valued—which, by the way, is most states—are guaranteed from ever having their gun rights taken from them by a Supreme Court controlled by left-wing justices.