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Dead Constitution
See other Dead Constitution Articles

Title: Former Supreme Court Justice Says It’s Time to Repeal the Second Amendment
Source: [None]
URL Source: https://www.westernjournal.com/form ... pm&utm_content=western-journal
Published: Mar 27, 2018
Author: Jack Davis
Post Date: 2018-03-27 20:18:45 by BTP Holdings
Keywords: None
Views: 163
Comments: 1

Former Supreme Court Justice Says It’s Time to Repeal the Second Amendment

By Jack Davis

March 27, 2018 at 12:11pm

Former Supreme Court Justice John Paul Stevens has called for the repeal of the Second Amendment as a way to give Saturday’s anti-gun marchers what they demanded.

In an op-ed published by The New York Times, Stevens excoriated the National Rifle Association. He said anti-gun marchers’ demands represent “broad public support” for gun control.

Stevens called for “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 Stevens said the effort should go further and anti-gun activists “should demand a repeal of the Second Amendment.”

Stevens demeaned the framers who wrote the Second Amendment by saying times have changed since the amendment was adopted as part of the Bill of Rights. “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,” he wrote.

In the landmark 2008 case of District of Columbia vs. Heller, Stevens expounded upon his views that the Second Amendment did not create a national right to self-defense. In that case, Stevens was on the losing end of a 5-4 court majority that quashed a D.C. law banning handguns.

“Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution,” Stevens wrote at the time in his dissenting opinion.

“Until today, it has been understood that legislatures may regulate the civilian use and misuse of firearms so long as they do not interfere with the preservation of a well-regulated militia. The Court’s announcement of a new constitutional right to own and use firearms for private purposes upsets that settled understanding,” he added in his 2008 dissent.

In his op-ed, Stevens said that the Heller ruling “has provided the N.R.A. with a propaganda weapon of immense power.”

Repealing the Second Amendment would create a new legislative landscape, he wrote.

“Overturning that decision via a constitutional amendment to get rid of the Second Amendment would be simple and would do more to weaken the N.R.A.’s ability to stymie legislative debate and block constructive gun control legislation than any other available option,” Stevens wrote.

The NRA responded to the retired justice’s attack on gun rights, according to CNN.

“The 97-year-old retired justice has long held the opinion that American citizens do not have the individual right to own a firearm for self-protection,” said Chris Cox, the executive director of the NRA’s lobbying group.

Cox portrayed Stevens as out of touch with most Americans, who, he said, “believe in the Second Amendment right to self-protection and we will unapologetically continue to fight to protect this fundamental freedom.”

Cox said that the comments by Stevens were a significant indication of the end game of anti-gun activists.

“Emboldened by the mainstream media, the gun-control lobby is no longer distancing themselves from the radical idea of repealing the Second Amendment and banning all firearms.”


Poster Comment:

Tweets at source.

Remember in the movie "Red Dawn", the first order the invaders gave was, "Go to all sporting goods stores and obtain Forms 4473. This will give us the location of all privately held firearms."

Justice Stephens has always struck me as a liberal nut case. I can see he has not changes his stripes.

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When Obama was still POTUS, I was talking with an old boy at the local Wal Mart.

I told him, "Obama wants the U.N. to control our guns."

He said, "We'll never give up our guns. that's the way we are."

There's a lot of them just like that out there. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2018-03-27   20:41:15 ET  Reply   Trace   Private Reply  


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