Good read on repealing 2A

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Wrong. United States v. Cruikshank

    The Bill of Rights is not the government’s to grant. As such, they cannot rescind any of the Amendments in the BoR.

    The Amendment itself forbids it.

    States can repeal any of the amendments same way they repealed prohibition. There is nothing in any of the amendments or constitution otherwise.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    States can repeal any of the amendments same way they repealed prohibition. There is nothing in any of the amendments or constitution otherwise.

    No. Neither the State nor Federal governments can repeal the Bill of Rights. Rights are neither granted nor repealed by a document. Rights exist. The Bill of Rights was acknowledged to represent rights that existed prior to the writing of the Constitution and would exist regardless of whether they were repealed.
     

    sports89man7

    Banned
    BANNED!!!
    Feb 21, 2018
    86
    even if the government abolished the 2a, it still wouldn't make a difference. you can line up all the law enforcement agencies in the entire country and it still wouldn't amount to all the gun owners that in this country. plus its not like police are going door to door and confiscating people's guns. they would get slaughtered if they did. gun owners know it and law enforcement knows it. plus civilians sometimes out gun the police. all one has to do is look at the bundy standoff. this crap that the government is going to "abolish the 2a" is utter nonsense. people have to stop being so damn paranoid.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    No. Neither the State nor Federal governments can repeal the Bill of Rights. Rights are neither granted nor repealed by a document. Rights exist. The Bill of Rights was acknowledged to represent rights that existed prior to the writing of the Constitution and would exist regardless of whether they were repealed.

    Show me, where in the constitution does it say the first 10 amendments cannot be repealed?

    Rights may "exist" but good luck convincing a judge you should not be in jail for rights the federal govt no longer recognizes.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    CONGRESS SHALL MAKE NO LAW.....


    Also, from US v Cruikshank:

    "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    even if the government abolished the 2a, it still wouldn't make a difference. you can line up all the law enforcement agencies in the entire country and it still wouldn't amount to all the gun owners that in this country. plus its not like police are going door to door and confiscating people's guns. they would get slaughtered if they did. gun owners know it and law enforcement knows it. plus civilians sometimes out gun the police. all one has to do is look at the bundy standoff. this crap that the government is going to "abolish the 2a" is utter nonsense. people have to stop being so damn paranoid.

    That's not what happened in New Orleans

    Color me paranoid
     

    DP12

    Active Member
    Apr 24, 2018
    333
    SoMD
    If they repealed the 2nd it would allow the federal (and state) governments to restrict gun rights however they like. I have no doubt as in Europe, there would be a lot of non- compliance.

    No. The 2nd, along with the 14th, prohibits the government from infringing on the right to keep and bear arms. Repeal that amendment and you still don't have a super-majority of We the People giving the government the power to regulate arms. That would take another amendment.

    Leftists and other 'living constitution' anarchists would point to the Commerce Clause, most likely. But that, too, requires an illiterate reading of the clause and the Federalist Papers in which the purpose of the Commerce Clause was articulated.

    The most disturbing thing about all of this is how the leftists have marched through the institutions, nationalizing education and filling the teaching and administrative ranks in schools. They're mal-informing students from K through upper division universities...and there's no constitutional warrant for the federal government to meddle in education, either.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,467
    MoCo
    No. The 2nd, along with the 14th, prohibits the government from infringing on the right to keep and bear arms. Repeal that amendment and you still don't have a super-majority of We the People giving the government the power to regulate arms. That would take another amendment.

    Leftists and other 'living constitution' anarchists would point to the Commerce Clause, most likely. But that, too, requires an illiterate reading of the clause and the Federalist Papers in which the purpose of the Commerce Clause was articulated.

    The most disturbing thing about all of this is how the leftists have marched through the institutions, nationalizing education and filling the teaching and administrative ranks in schools. They're mal-informing students from K through upper division universities...and there's no constitutional warrant for the federal government to meddle in education, either.
    If 2A is repealed, then we would no longer be able to argue in court that the Constitution was violated and ask the court to overturn an unconstitutional law.

    Also, if there is no constitutional protection, you don't need a super majority to pass laws that restrict things. If something is constitutionally protected, even a super-majority won't be enough to keep an unconstitutional law in place.
     

    DP12

    Active Member
    Apr 24, 2018
    333
    SoMD
    That's not how our Constitution works. We the People gave the government specific, limited powers. The government cannot legitimately seize powers we haven't given it.

    Which is not to say that the government doesn't tyrannically seize powers pretty regularly. But every last one of those laws is illegitimate.
     

    teratos

    My hair is amazing
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    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    That's not how our Constitution works. We the People gave the government specific, limited powers. The government cannot legitimately seize powers we haven't given it.

    Which is not to say that the government doesn't tyrannically seize powers pretty regularly. But every last one of those laws is illegitimate.

    And the BoR channels M.C. Hammer when it comes to arms:

    YOU CAN’T TOUCH THIS

    This applies to the Federal Government and thanks to the 14th Amendment, the States.
     

    hillbilly grandpa

    Active Member
    Jan 26, 2013
    962
    Arnold
    "The gubmit" can't repeal an amendment. Primary path to repeal an amendment or article of the constitution:2/3 vote by both houses of congress, followed by passage by 3/4 of the states. That's 38. If 13 states fail to ratify the measure fails. At least that's what I remember from my civics class in high school--way back last century. Did I learn it wrong?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    "The gubmit" can't repeal an amendment. Primary path to repeal an amendment or article of the constitution:2/3 vote by both houses of congress, followed by passage by 3/4 of the states. That's 38. If 13 states fail to ratify the measure fails. At least that's what I remember from my civics class in high school--way back last century. Did I learn it wrong?

    Congress cannot repeal the Bill of Rights. They are Rights. You cannot repeal a Right.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,372
    White Marsh
    Empty suits filled by idiots and/or reptiles can shuffle all the paper they like. Our right to bear arms precedes us and is inherent in the birthing of every human being that lives, has lived, or will live.

    Molon labe.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    Congress cannot repeal the Bill of Rights. They are Rights. You cannot repeal a Right.

    I think you are confusing the 'right' with the government's protection of the right.

    The US Constitution has no such inhibition on repeal of any part of itself.
     

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