Repeal the 2nd Amendment?

[Dante Reawakened]

Could we, should we, get rid of tbe 2nd Amendment?

This thread is not about me personally favoring, and advocating the banning all gun ownership. I have had a permit (recent), to carry concealed. Though banning all ownership of weapons or restricting ownership is part of the question(s). Constitutionally, don’t we have every right to repeal amendments?



Can you control yourselves and hold back the political and personal attacks on the OP?

Stevens, J., Dissenting: The Legacy of Heller

This article focuses on the late Justice Stevens's opinions and commentary on the Second Amendment, demonstrating his approach to law and judging.

judicature.duke.edu

 

[Abatis]

At least Justice Stevens, for all his constitutional taffy-pulling, finally came to the realization that to enact the gun laws he and other liberals want, the Constitution would need to be altered.

It is a bit unclear how rescinding the 2ndA would get us to that goal since the Supreme Court has been boringly consistent for going on 146 years, that the right to arms is not granted by the 2ndA, thus the RKBA in no manner depends on the Constitution for its existence.

Next problem, where are you going to find the 38+ states required to ratify a new federal amendment, surrendering the rights of their citizens to complete federal control?

 

[Concerned American]

Could we, should we, get rid of tbe 2nd Amendment?

This thread is not about me personally favoring, and advocating the banning all gun ownership. I have had a permit (recent), to carry concealed. Though banning all ownership of weapons or restricting ownership is part of the question(s). Constitutionally, don’t we have every right to repeal amendments?



Can you control yourselves and hold back the political and personal attacks on the OP?

Stevens, J., Dissenting: The Legacy of Heller

This article focuses on the late Justice Stevens's opinions and commentary on the Second Amendment, demonstrating his approach to law and judging.

judicature.duke.edu

Amendments to the constitution require a vote of 2/3 of both houses and ratification by 37 states if memory serves, I could be wrong. In any case, it is not an easy task, nor should it be. I think a snowball in hell has a better chance of survival.

 

[task0778]

There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention and the states would draft amendments, which would have to be ratified by three-fourths of the states.

Considering the high threshold for making such a change to the Constitution, it's unlikely that the Second Amendment will be repealed. As Concerned American said, "I think a snowball in hell has a better chance of survival.".

Could we, should we, get rid of the 2nd Amendment?


Could we? NO. Not anytime soon anyway.

Should we? NO. I want the right to protect myself and my family in my own home. I should also have the right to go hunting if I want to or go to a Rod and Gun Club and hang with friends or associates there. And I should be able to carry a weapon in public to defend myself if necessary.

 

[Cardinal Carminative]

Could we, should we, get rid of tbe 2nd Amendment?

This thread is not about me personally favoring, and advocating the banning all gun ownership. I have had a permit (recent), to carry concealed. Though banning all ownership of weapons or restricting ownership is part of the question(s). Constitutionally, don’t we have every right to repeal amendments?



Can you control yourselves and hold back the political and personal attacks on the OP?

Stevens, J., Dissenting: The Legacy of Heller

This article focuses on the late Justice Stevens's opinions and commentary on the Second Amendment, demonstrating his approach to law and judging.

judicature.duke.edu

I think we should at the very least amend it to be more in line with the concept of the militia and not just the random dude on the street.

We also need to clarify and possibly rein in what counts as "infringement" of that right. For instance there's no "infringement" of the right if we simply ask for everyone with guns to be on a central registry. There's no infringement of the right if the government knows where the guns are.

While it's not part of the 2A we could also do with eliminating concealed and open carry. There's literally no reason for a modern civilized nation to look like some Wild West Fiction where everyone is struttin' around packin' heat. That's not rational.

 

[Devils_Advocate]

You will always lack the votes in the Senate to get any amendment passed and you will never get the amount of states needed, so it is a moot point and exercise…

 

[Cardinal Carminative]

Should we? NO. I want the right to protect myself and my family in my own home.

Studies show the guns in your home are statistically more likely to be used against family members either intentionally or accidentally or increase the chance of suicide than that they will be used to defend the homeowner and family.

But you should definitely have the right to protect yourself. Is there a problem with the government having a list of your home/you as having a gun? Shouldn't be. If the gun is to protect yourself then there's no reason there can't be a registry.

I should also have the right to go hunting if I want to or go to a Rod and Gun Club and hang with friends or associates there.

Agreed.

And I should be able to carry a weapon in public to defend myself if necessary.

Disagree. This isn't a wild west movie.

 

[miketx]

Pay up your insurance. Come get them.

 

[miketx]

Studies show the guns in your home are statistically more likely to be used against family members either intentionally or accidentally or increase the chance of suicide than that they will be used to defend the homeowner and family.

Lol, always bring up this worn out bullshit.

 

[Cardinal Carminative]

Lol, always bring up this worn out bullshit.

I understand you don't like it when science finds results that don't make you happy, but sadly it is a part of life.

If you have data that disagrees with the studies you should DEFINITELY PUBLISH! It would be good to see it.

 

[C_Clayton_Jones]

Could we, should we, get rid of tbe 2nd Amendment?

In theory, yes – the Constitution would need to be amended to repeal the Second Amendment.

Needless to say, that’s not going to happen – nor should it.

As with the rest of the Constitution, and consistent with the Framers’ intent, it’s the role of the courts to determine what the Constitution means, including the Second Amendment.

 

[Cardinal Carminative]

Pay up your insurance. Come get them.

All these "threat posts" about "come and get 'em, but have your insurance" always come across as kind of funny.

 

[Oddball]

Could we, should we, get rid of tbe 2nd Amendment?

This thread is not about me personally favoring, and advocating the banning all gun ownership. I have had a permit (recent), to carry concealed. Though banning all ownership of weapons or restricting ownership is part of the question(s). Constitutionally, don’t we have every right to repeal amendments?



Can you control yourselves and hold back the political and personal attacks on the OP?

Stevens, J., Dissenting: The Legacy of Heller

This article focuses on the late Justice Stevens's opinions and commentary on the Second Amendment, demonstrating his approach to law and judging.

judicature.duke.edu

 

[miketx]

All these "threat posts" about "come and get 'em, but have your insurance" always come across as kind of funny.

Go for it. What you waiting for? Oh wait, I know what you're waiting for. Someone else to do it.

 

[Cardinal Carminative]

Go for it.

And what will you do about it if I do?

 

[Oddball]

All these "threat posts" about "come and get 'em, but have your insurance" always come across as kind of funny.

if you believe that to be so, then shut up and butch up, bitch.

 

[miketx]

And what will you do about it if I do?

Shoot anyone who tries to disarm me.

 

[miketx]

I understand you don't like it when science finds results that don't make you happy, but sadly it is a part of life.

If you have data that disagrees with the studies you should DEFINITELY PUBLISH! It would be good to see it.

Lol, delusional lies, all.

 

[Cardinal Carminative]

Lol, delusional lies, all.

Lies? How is asking you to publish your results showing the error in the studies a "lie"?

 

[C_Clayton_Jones]

“Most linguists and historians agreed with Stevens’s interpretation, emphasizing that the phrase “bear arms” in 1791 was used most often in a collective, military sense.” ibid

And, also in theory, it’s possible that a future Supreme Court could overturn Heller, abandoning the individual right interpretation and restoring the collective right interpretation.