It's time to rewrite the 2nd Amendment- How would YOU rewrite it?

[thucythucy]

119. You could challenge it under the 14th Amendment,

which provides for due process and equal protection under the law.

To give you an analogy: there is no constitutional right to own property, no constitutional amendment that says you have a right to own a house. If you don't have money, you can't buy property. Further, local communities are given wide lattitude in passage and enforcement of zoning laws, regulation of land use, building codes, etc.

What they CAN"T do is legislate so that a particular ethnic or racial or religious group or individual is singled out for a denial of property. You CAN"T say, for instance, that Catholics are not allowed to own a house in a particular area, just because they're Catholic. That would violate the 14th amendment (and also the various Fair Housing acts, all of which have been found constitutional).

I would imagine that the same would apply to guns, even if there wasn't a 2nd amendment. In other words, the same law about "being unstable" would have to apply to everyone. And the due process provision would mean that anyone deprived of their guns would have to have a way to appeal, and to seek an administration or judicial remedy.