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Hot Take: There is no 2nd Amendment

Posted on 5/31/22 at 1:46 pm
Posted by Hester Carries
Member since Sep 2012
22516 posts
Posted on 5/31/22 at 1:46 pm
I see a lot of “the 2nd Amendment ensures the 1st amendment” or “_____ happened in Country X because they have no 2nd Amendment.”

Well lets see here….

The 2nd Amendment doesnt say “you get to have guns”. It says that the government literally SHALL NOT INFRINGE your right to own guns.

Do we have gun laws? Yeah? Then we dont have a 2A. The 2A is meant to do one thing; unilaterally restrict the government from infringing on any gun ownership. Is it doing that? No, its not. There for it, in effect and practice, doesnt exist.

If you have any gun rights currently, its not because of the 2A. It’s because the government has not currently removed those particular rights. Which they’ve proven they can do with no regard for the 2A.

I say this because all of us continuing to pretend we have a 2A (or a 1A or any other amendments or rights) is exactly what the government wants to do. Why give you a right when they can just say you have a right while denying you that right.

We dont have a 2nd Amendment.
Posted by Bjorn Cyborg
Member since Sep 2016
27018 posts
Posted on 5/31/22 at 1:48 pm to


You are correct. A poll tax is more constitutional than the current gun ownership hurdles.
Posted by wareaglepete
Lumon Industries
Member since Dec 2012
11159 posts
Posted on 5/31/22 at 1:51 pm to
He's right. Have any of the gun laws that have been put into place over the last however many years been challenged to the Supreme Court? They should be because they are all unconstitutional.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68416 posts
Posted on 5/31/22 at 1:54 pm to
quote:

been challenged to the Supreme Court? They should be because they are all unconstitutional.


Yes

I forget case, let me think....

Oh yeah- heller
This post was edited on 5/31/22 at 1:58 pm
Posted by AM
Member since Jan 2019
106 posts
Posted on 5/31/22 at 2:08 pm to
quote:

Yes

I forget case, let me think....

Oh yeah- heller


let's not forget though that the heller case only agreed to handgun ownership in the home. they refused to acknowledge the right to bear the gun. Also if not for Scalia, the right to ownership would have been lost. justice Kennedy was going to vote against ownership but Scalia bargained with him.

The OP is correct for sure and many have said the same. All gun laws limiting arms of any kind are unconstitutional.
Posted by wareaglepete
Lumon Industries
Member since Dec 2012
11159 posts
Posted on 5/31/22 at 2:08 pm to
I just don't get how there can be gun laws. Brady Bill and all that.

Posted by Penrod
Member since Jan 2011
39935 posts
Posted on 5/31/22 at 2:33 pm to
quote:

Do we have gun laws? Yeah? Then we dont have a 2A.

I have posted this about three times over the last few days.

We can’t have nukes, bazookas, tanks, etc. Therefore the second amendment is being abridged at will.
This post was edited on 5/31/22 at 2:35 pm
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 5/31/22 at 2:36 pm to
Prior to COVID, I would have said that the 2A is the one issue that would motivate people enough to take back our government.

Now, I bet 80% of even this board will dutifully comply with any and all directives from DC regarding their guns.

Posted by BigMob
Georgia
Member since Oct 2021
7625 posts
Posted on 5/31/22 at 2:41 pm to
quote:

We can’t have nukes, bazookas, tanks, etc. T


All which are infringements
Posted by EasterEgg
New Orleans Metro
Member since Sep 2018
4810 posts
Posted on 5/31/22 at 2:45 pm to
I'm going to play devil's advocate here and point out the the full amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Many people would argue that the 2nd Amendment requires that regulations be placed on gun ownership. You argue that any regulation is an infringement. So does the 2nd amendment contradict itself? I don't know. I say leave well enough alone. Opiates kill way more kids than guns ever will.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68485 posts
Posted on 5/31/22 at 2:45 pm to

The Justice systems are corrupt.

The education systems are corrupt.

The election systems are corrupt.

The intelligence agencies are corrupt.

Law enforcement agencies are corrupt.


Basically, we are on our own.

Posted by Tigerinthewoods
In the woods
Member since Oct 2009
1260 posts
Posted on 5/31/22 at 2:46 pm to
There is also something about a well-regulated militia in the second amendment. But just try to establish one and see what the ATF will do to you.

I keep thinking that the right to keep our guns means nothing without the right to gather together as a civilian militia without being shut down by our government.
Posted by tgerb8
Huntsvegas
Member since Aug 2007
6003 posts
Posted on 5/31/22 at 2:47 pm to
quote:

Do we have gun laws? Yeah? Then we dont have a 2A.


The constitution is just a piece of paper at this point.
At least in regards to the amendments they don't like for whatever situation.

Congress has made a ton of laws limiting "free speech."
"Hate" speech?
Can't meet in a church during flu season?

we started as a country based on freedom. we have evolved into a country based on slavery with the illusion of freedom.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68485 posts
Posted on 5/31/22 at 2:47 pm to
quote:

can’t have nukes, bazookas, tanks, etc.


keep and BEAR

'bear' means man-portable, so tanks, f-15s, and nukes are out.

BUT, stingers, javelins, and those cool new switchblade drones are in.

Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 2:48 pm to
quote:

The 2nd Amendment doesnt say “you get to have guns”. It says that the government literally SHALL NOT INFRINGE your right to own guns.

Serious question here:

The federal government decides to issues firearms to any citizen who wants to own a firearm. No other firearms will be allowed.

Any US citizen can apply to receive two of the following guns:

12 ga. shotgun (Rem 870)
30-06 bolt gun (1903 Springfield)
.22 single shot rifle (Win 69a)
6-shot .38 revolver (S&W M10)

My question is, if the government is actually issuing the above arms, could they be accused of infringing on the right to bear arms?
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68485 posts
Posted on 5/31/22 at 2:51 pm to

I'm going with the shotgun and the .22

Posted by bayoudude
Member since Dec 2007
24976 posts
Posted on 5/31/22 at 2:52 pm to
quote:

, bazookas, tanks, etc


Maybe not nukes but there are most definitely privately owned bazookas and tanks. Hell there are close to 750,000 privately owned machine guns yet they don’t commit crimes could it be that ridiculously expensive items are mostly owned by successful responsible individuals?
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 2:53 pm to
Would you consider the government to be infringing on your right to bear arms?
Posted by TexanTiger68
Houston, TX
Member since Oct 2021
4339 posts
Posted on 5/31/22 at 2:56 pm to
Still don't see what the big deal is. As of this moment, if I have the money, I can go buy whichever weapon I would like to have.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 2:57 pm to
quote:

There is also something about a well-regulated militia in the second amendment. But just try to establish one and see what the ATF will do to you.

I keep thinking that the right to keep our guns means nothing without the right to gather together as a civilian militia without being shut down by our government.

A "well-regulated" militia is subordinate to civil authority. It's not just a bunch of baws drinking beers and shooting guns in the woods.

None of the groups we hear about being called "militias" are actual militias, they're just armed gangs.
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