John Paul Stevens: Repeal the Second Amendment

[brooklynite]

New York Times:

Rarely in my lifetime have I seen the type of civic engagement schoolchildren and their supporters demonstrated in Washington and other major cities throughout the country this past Saturday. These demonstrations demand our respect. They reveal the broad public support for legislation to minimize the risk of mass killings of schoolchildren and others in our society.

That support is a clear sign to lawmakers to enact legislation prohibiting civilian ownership of semiautomatic weapons, increasing the minimum age to buy a gun from 18 to 21 years old, and establishing more comprehensive background checks on all purchasers of firearms. But the demonstrators should seek more effective and more lasting reform. They should demand a repeal of the Second Amendment.

Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of that amendment, which provides that “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.” Today that concern is a relic of the 18th century.

[Skraxx]

1. Prepare the fainting couches

[Blues Heron]

2. #repeal2a

It's past time.

#Repeal2a

[angrychair]

3. +++++999999999999999999999

Why should a “right” to carry a semiautomatic rifle or handgun supersede my right to be in public without having to do a constant threat analysis if that person with a weapon is a “good guy” or a “ bad guy”.

Why is their “right” more important than my “Life, Liberty and Pursuit of Happiness”?!?

#repeal2a

[AlexSFCA]

4. nothing in the 2nd amendment allows semiautomatic weapons

none of the schoo shooters were members of well regulated militia. Repealing any amendments let alone second amendment would backfire. We rely on constitution especially in trump era. We need to dem congress and president so qualified supreme court judges can be appointed to make proper rulings. National legislation should be passed with comprehensive gun control including minimum age, mandatory training, annual licensing fees, etc. Also limit on how many guns one person can register, offer guns buy back nationwide - this could be very effective. To achieve all this, the most important is to have public support and these kids are helping to get us there. On consumer side we need to continue to pressure nra which is a sponsor terrirosm and must be recognied as such, retailers that carry guns and bullets need to be boycotted.

[X_Digger]

9. None of the Bill of Rights 'allows' anything.

One reason some framers didn't want to pass the bill of rights is that they thought future generations would see the BoR as an exhaustive list of rights, and none further. (It's not. See the right of free passage, e.g.)

One response was the ninth and tenth amendments.

The BoR grants no rights, confers no rights- it protects pre-existing rights. That's kind of fundamental to our system of government.

See Federalist 84 by Hamilton for another take on it.

[Yo_Mama_Been_Loggin]

5. Kick

[IronLionZion]

6. They'll repeal the 14th, 19th, and 26th amendments

and the 1st, simply for publishing this

[X_Digger]

7. And that would make the right go away? As if the BoR grants rights?

No, the right would then become an unenumerated right under the ninth, and still enumerated and protected by various state constitutions.

As Justice Stevens well knows. He wrote about unenumerated rights in multiple cases.

[aikoaiko]

8. Steven's just handed the NRA a lot fooder for propoganda.

Proof, they'll say.

[hunter]

10. Recently I'm more about empowering people to confront the gun fetishists in their own lives.

Yes, the second amendment as currently interpreted is utter bullshit, but we're not going to get anywhere until gun fetishes become generally regarded as something hazardous to public health, like drunk driving or smoking.

The government can't currently take away guns, but spouses and lovers, parents and children, friends and family can put the pressure on.

The law will follow.

Most people don't care enough about guns to bother owning one. Most gun owners may have a gun or two safely stashed away that they rarely think about. Went hunting with cousins a few years ago... seven years, really, that long???

A tiny minority can't stop thinking about their guns, in fact own half the guns in the U.S.A. are owned and traded by this group. These are also most of the guns that end up on the street.

Gun fetishists have a dangerous problem, and it's their culture that attracts the lunatics who bring us so much grief.

Gun fetishes are dangerous and disgusting.

[roamer65]

11. It will be easier to change the composition of the SCOTUS.

Elect 20 years worth of Democratic administrations and you will get a court that will approve very restrictive gun legislation. It will see it as constitutional.

[Stuart G]

12. John Paul Stevens is a retired Supreme Court Justice...but.. ,

this is a month old, and it is as valid today as it was a month ago......and...a month from now it will still as valid as it is now.
Unfortunately, shootings will continue. Some will be minor, and no one is killed there are only injuries ..

but some will result in many deaths, like Sandy Hook, and Vegas, and etc. Perhaps the 2nd Amendment will be repealed. Not likely.