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The 2nd amendment says that since an armed, disciplined population is necessary for security in a free country, the right of normal people to KBA cannot be restricted.
This is clearly a flat ban on any govt in the country making any law restricting our ability to purchase, own, and carry a gun. Yet a number of governments (Federal, State, local) have made laws restricting exactly those things.
What should we obey? The 2nd amendment? Or the government officials making the "gun control" laws?
The courts are the law... in the end it comes down to those enforcing the law deciding to enforce it or not.. a very grey area.
It's kind of like smoking marijuana... half the gun owners in my town do it, even though it's illegal.. some laws just get ignored. If anyone asks, you lost your guns in a boating accident. In any case nobody in South Dakota is going to hand in their guns... trying to "ban" them is a lost cause.. they'll just start a civil war.
More likely they'll go after the ammo.. you can have dozens of guns but if no retailer stocks ammo you are SOL.
Good answer. We can't have each citizen deciding for themselves what the Constitution means. The OP for example, completely mis-quoted the 2nd amendment. His reference to "normal" individuals is nowhere found in the amendment, and is apparently his attempt to allow for keeping weapons out of the hands of mentally deranged or habitual criminals. Although I actually agree with him that the wording "the right to KBA shall not be abridged" seems pretty unambiguous, I must defer to the courts, and ultimately the Supreme Court, to determine whether any gun control laws violate the Constitution.
It is a pointless question. If the Supreme Court makes a ruling, the sheep will follow it.
The only alternative is rebellion.
The Supreme Court nearly "voted" against the second amendment in Heller, and in McDonald v. Chicago. Both were "5-4" decisions. Had the decisions gone the other way, there wouldn't be a second amendment.
Case law is law. That's how the US system is designed to work and you're welcome to travel to France if you like statutory law better.
Also, one could touch on why it's not coincidental that the Founders called it a Constitution and not a Law, but something tells me that may be a bit complicated for this board.
The 2nd amendment says that since an armed, disciplined population is necessary for security in a free country, the right of normal people to KBA cannot be restricted.
This is clearly a flat ban on any govt in the country making any law restricting our ability to purchase, own, and carry a gun. Yet a number of governments (Federal, State, local) have made laws restricting exactly those things.
What should we obey? The 2nd amendment? Or the government officials making the "gun control" laws?
You can believe in the Constitution, and if you want to test the laws in your state or area feel free to do so, it will cost you a fortune, you may spend years in jail and it will have to go through the court system all the way to the top to get the law overturned, if it gets that far. Simpler way is to get those lawmakers voted out of office and then remove the law the easy way, with the stroke of a pen.
I agree. If you want to get in a pile of trouble and you are a normally law abiding gun owner go and break the law and you will get locked up fast.
If you are a criminal that uses an illegal gun during your crime spree the gun charge is often dropped, at least in my liberal looney state.
Of course with Obama's final mass clemency and pardons we saw many violent criminals who used guns in support of their drug trade and intimidation have their sentences reduced or flat out commuted but I wouldn't chance that.
I would suggest to follow the gun laws of your state.
Here are the sheep I was talking about. They will do what they are told.
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In any case nobody in South Dakota is going to hand in their guns... trying to "ban" them is a lost cause.. they'll just start a civil war.
