The government can no more interfere with Second Amendment rights than it can infringe upon any other rights.
Last weekend’s mass murders in El Paso, Texas, and Dayton, Ohio, have produced a flood of words about everything from gun control to mental illness to white nationalism. Most of those words have addressed the right to keep and bear arms as if it were a gift from the government. It isn’t.
The Supreme Court has twice ruled in the past 11 years that the right to keep and bear arms is an individual pre-political liberty. That is the highest category of liberty recognized in the law. It is akin to the freedoms of thought, speech and personality.
That means that the court has recognized that the framers of the Constitution did not bestow this right upon us. Rather, they recognized its preexistence as an extension of our natural human right to self-defense and they forbade government – state and federal – from infringing upon it.
It would be exquisitely unfair, profoundly unconstitutional and historically un-American for the rights of law-abiding folks – “surrender that rifle you own legally and use safely because some other folks have used that same type of weapon criminally” – to be impaired in the name of public safety.
It would also be irrational. A person willing to kill innocents and be killed by the police while doing so surely would have no qualms about violating a state or federal law that prohibited the general ownership of the weapon he was about to use.
With all of this as background, and the country anguishing over the mass deaths of innocents, the feds and the states face a choice between a knee-jerk but popular restriction of some form of gun ownership and the rational and sound realization that more guns in the hands of those properly trained means less crime and more safety.
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