Message Font: Serif | Sans-Serif
No. of Recommendations: 1
You confuse "regulation" with "confiscation" or "prohibition." Yes, there are laws against certain uses of guns - thankfully. But the Constitution does not prohibit regulation to "balance" the rights of people. For example, you may claim a Second Amendment right to have a gun on your person, but I have a property right to prohibit you from having it on my property. I could also argue that I have a First Amendment right of "free association" to NOT associate with those carrying guns - which would require you to let me know if you have one (i.e., concealed carry violates my First Amednment rights).

The Constitution has always place constraints on various rights. The Constitution itself grants people the "right" of interstate travel - but I still need a drivers license and insurance to use my preferred mode of exercising that right (my car). Why would not licensure and insurance be an appropriate regulation of firearm owners?

Add to that, "statutory construction" (interpretation) - which includes the Constitution - require that each and every word be given meaning. If it didn't have meaning, why is it in there? The words "a well regulated militia" require interpretation. Some argue it means "trained" (ok, so let's require "training" for all gun owners - like we do for all drivers). Some would argue it gives the governemnt the right regulate more broadly. Whatever, it must be given some meaning, or it shouldn't be there - and that is a debate that continues, but the SCOTUS (in an opinion by Scalia - not the most liberal by any stretch) has indicated that it does, in fact, give the governm,ent the right to impose restrictions on gun ownership.

I applaud the Second Amendment. As I do all of the Bill of Rights amendments - but I abhor those who think the right is absolute (or who "covet" their guns in what I would consider abnormally dangerous ways), and believe there is middle ground - lest we now allow private ownership of grenade launchers, tanks, drones, and other "arms" of modern warfare.
Print the post  


What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.