Lets talk about the Second Amendment;
Definitions;
1. The Second Amendment to the Constitution of The United States of Americ
“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.”
2. Infringed, as per the new on line Dictionary
“Infringe – To impinge, to come into contact or encroach or have an impact; to infringe is to encroach on a right or privilege or to violate.”
3. The Tenth Amendment to the Constitution of The United States of America
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
4. Arms, as per the new on line Dictionary
A weapon, especially a firearm
For those of us for whom the words of the Constitution still have the meaning for which they were intended, the issue of regulation of arms by the Federal Government would seem particularly straight forward. Clearly by the ordinary meaning of the words used, it was the Framers intent to prohibit the Federal Government from any regulation of arms. Since any ‘regulation’ is by definition an infringement, and the power to regulate implies the power to abolish or terminate, this should be case closed on national regulation!
If there is a consensus of the People (the citizens of the United States of America) to change this mandate, then the Framers provided not one, but two methodologies for Amending the Constitution. One of which has never been used (the calling of a Constitutional Convention) but the other was been successfully used 27 times. Accordingly if the President and or his allies or others wish to advocate the abridgement or infringement or regulation of the 2nd Amendment their Constitutional course of action is clear, and they should proceed to the work. If I am given the opportunity to vote or participate by advocacy or other means I will oppose such an amendment. If not, and it passes, I will abide by the then revised law of the land.
Alternatively, those who would regulate arms may proceed at the State level. In many (44) States such as Colorado and Texas the State Constitutions contain similar provisions;
Colorado “The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.” Art. II, § 13 (enacted 1876, art. II, § 13).
Texas “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime. Art. I, § 23 (enacted 1876)
So in Colorado you may carry arms openly but not concealed unless the State so permits and in Texas the State reserved to itself the right to regulate the carrying of arms whether concealed or not. In each case further regulation would seems to require Amendment of the State Constitutions. No where is there a right to further regulate or specify the kind, size, description, features, rate of fire, size of magazine, components, or color of the arms.
Furthermore or all State Constitutions contain provisions for their amendment so again if there be the “will of the people” for regulation the course of required action is clear. Proceed under our laws and advocate and pass, if you can and dare, the amendment you desire. As for me, and many others, again, if I am given the opportunity to vote or participate by advocacy or other means I will oppose the proposed amendment. If not, and it passes, I will abide by the law of the land.
It is not the Constitutional exercise of our laws, including the right of the people or any group of people to assemble and petition the government, be it at the Federal or State level that creates issues for many of us described as “on the right,” but rather the Extra-Constitutional use of power not granted, that cannot be endured or permitted!
Therefore, if you believe in regulating arms, at the State or federal level, proceed as you would have others proceed, within the law!