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Life & Events > 2nd Amendment
 

2nd Amendment

(For the image of a musket as I originally intended to go here, please see post just before this. Sorry)

The Second Amendment to the U. S. Constitution comes down to us from an age when rifles looked like the one pictured above. That is a late 18th Century musket, a muzzle-loaded flintlock action weapon that could fire 2-3 rounds per minute, depending upon the skill of the shooter.
Today’s mass killing weaponry, obviously, could not have been imagined by the Founders. To read the 2nd Amendment as a blanket, literal authorization to possess such things as assault rifles and large magazines is like reading the bible literally. It is, in effect, constitutional fundamentalism.
The most significant U.S. Supreme Court case authorizing possession of guns is District of Columbia vs. Heller, a 2008 decision involving a D.C. law banning possession of handguns in the home. [A more recent case, McDonald vs. Chicago (2010), upheld Heller and made clear that the 2nd Amendment was applicable to the states via the 14th Amendment.]
Heller, as often is the case in significant U.S.S.C. decisions, was decided by a close 5 to 4 vote. In his majority opinion, Justice Scalia wrote that the 2nd Amendment “protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” This effectively destroyed the argument that the 2nd A. as written should apply only to militia as envisioned back in the Framer’s day. No one had ever shot at Scalia’s children while they were in school, and he himself had always felt pretty secure in a movie theatre as the only guns going off were up on the screen.
But Scalia also opined that the right to keep arms has limits: “Like most rights, the Second A. right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…” There is, then, a basis even in this gun right case to support restrictions upon assault rifles and large capacity magazines. The opinion states that it should not be read as casting doubt on “laws imposing conditions and qualifications on the commercial sale of arms.” He referred to an earlier Supreme Court case supporting “the historical tradition of prohibiting the carrying of dangerous and unusual weapons.”
As Justice Stephen Breyer asked in dissent: “Given the purposes for which the Founders enacted the 2nd Amendment, how should it be applied to modern-day circumstances that they could not have anticipated?” That’s the polarizing issue facing our violent, somewhat civilized country today.

posted on Jan 16, 2013 9:04 AM ()

Comments:

I hope President Obama is able to crunch the opposition to gun control.
Jondude's observation is spot on.
comment by elderjane on Jan 16, 2013 3:23 PM ()
It's definitely going to be interesting but a very bitter battle.
reply by steve on Jan 17, 2013 9:50 AM ()
Most of my friends who are gun-crazy are quite paranoid, get their 'news' from FOX, and believe most conspiracy theories. That's just my personal observation. I never bring it up with them that I don't own a firearm or ever intend to own one again, or that I am supportive of strict regulation and total registration. The 2nd Amendment does read "...WELL REGULATED..."
comment by jondude on Jan 16, 2013 11:57 AM ()
I'm paranoid too, but in a GOOD way.
reply by steve on Jan 16, 2013 2:14 PM ()
I thought that New York State (or wherever it was) initiative to try to limit the number of rounds a person can carry was something that makes sense. I'd like to see assault weapons banned all together, but if that is the crumb they can get, then it's better than nothing.
comment by troutbend on Jan 16, 2013 11:05 AM ()
Cuomo and Bloomberg have some chutzpah... more power to 'em.
reply by steve on Jan 16, 2013 11:54 AM ()
Most of the "gun-nuts" on facebook are my age (59), but they are the ones who want firepower to overthrow the government if (when in their opinion) things get out of hand. Imagine that: a group of geezers with semi-automatics and backs full of ammo trying to defend themselves against an air strike. There must be a better way.
comment by jjoohhnn on Jan 16, 2013 10:16 AM ()
Gun nuts have blinders on and are so narrowly focused that I wonder how they feed themselves...
reply by steve on Jan 16, 2013 11:53 AM ()

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