Quote:
Originally Posted by lvoc
The friendliest USSC the gunnies are ever going to see said there is...
And in fact the NRA and others actually agree.
It is where the exception lies that is in doubt.
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Keeping this in mind, I went and checked my copy of the Constitution and Bill of Rights again.
There still isn't.
Only the exceptions listed in some of the other amendments.
The point being, of course, that where the Framers wanted there to be exceptions, they wrote exceptions.
Such as in the 1st amendment ("
Congress shall make no law...." and "...the right of the people
peaceably to assemble...."). The 1st was written to restrict only the Federal govt ("Congress"), not the states. This was later changed by the 14th amendment. And govt could still restrict or ban non-peaceable assembly.
Or in the 3rd amendment ("No Soldier shall,
in time of peace be quartered in any house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.").
Or in the 4th ("against
unreasonable searches and seizures" and "no warrants shall issue
but upon probable cause").
The 5th, 7th, and 8th also have similar exceptions to the rules they command.
But in the 2nd amendment, there is a COMPLETE lack of any such exceptions.
Clearly, the Framers had no problem with exceptions. They wrote lots of them, into many of the amendments. And it's a good thing they did - those amendments are better for them.
But just as clearly, they wanted NO such exceptions (what today's gun-rights-haters call "reasonable restrictions") in the 2nd amendment.
If they had wanted the 2nd to say, "....except as provided by law", why didn't they write it that way, as they did in the 3rd amendment?
If they had wanted to say, "the right shall not be unreasonably infringed", why didn't they write it that way, as they did in the 4th?
They had reasons for keeping such phrases out of the 2nd amendment. And it wasn't because they forgot.
You can quote all the opinions, court rulings, and acts of Congress you want. And not a single one of them will put those phrases into the 2nd amendment. No matter how much you wish it did.
The 2nd amendment entertains NO "reasonable restrictions".
And only a further Constitutional amendment will change that - something the gun-rights-haters are terrified to try, because they know Congress would never pass it with the required 2/3 majorities, and 3/4 of the states would never ratify it.
Maybe it would be nice if the 2nd amendment
did allow for things like, a convicted felon who has served his sentence and had his freedom restored.
But the fact remains that it does not.