General Discussion
In reply to the discussion: Gun Control? We Need Domestic Disarmament (Huffington Post) [View all]dairydog91
(951 posts)Realistically, I imagine the only thing that could get through the Amendment process would be an Amendment which prohibits most Federal-level gun laws while leaving states broad latitude to regulate (Federal gov. probably limited to banning interstate transfers of weapons into states which have laws against them).
I agree with the proposed "ends" of the "state's rights" or "collective rights" argument, namely that states should have broad authority to choose their own gun laws. I think that reading the existing Second to allow for broad gun control or gun prohibition requires one to resort to interpretive methods which are of dubious credibility and which are potentially destructive to other Constitutional rights; For example, reading a right "of the people" to only protect a right of the states or of a select group of people who are members of state-controlled entities. The other Constitutional rights belonging to "the people" protect all Americans, not just specific subgroups of Americans chosen by the state or Federal governments.