General Discussion
In reply to the discussion: Is gun control a winning political issue today, especially in light of all the tragedies that have [View all]pogglethrope
(60 posts)the right to own and possess firearms exists under Amendment IX -- and how far it extends if they rule such a right exists. Regarding Amendment IX, "Failure of the Constitution to mention a specific right does not mean that the government can abridge that right, but its protection has to be found elsewhere." (Emphasis added.) Where else is the right to bear arms going to be found, absent the Second Amendment?
The result of the case you suggest would depend not on the Constitution itself, but on how SCOTUS was constituted when the case reached it. Replace one of the conservative justices with a liberal justice, and the "implied" right to bear arms under Amendment IX would very likely be determined to be a lot more restrictive than is currently the case given the Second Amendment. My desiderata -- essentially no private gun ownership -- would be a lot more likely to come about absent a Second Amendment than with one, hence my favoring repeal of the Second Amendment.
Furthermore, if the right to bear arms would be the same whether or not it was covered explicitly in the Constitution, why did the Founders bother with the Second Amendment?
By the way, you can take your smart aleck and non-contributory derp and shove it. Did you lie about being thirteen years old or older when you signed up? If not, how do you account for behaving in such a juvenile fashion?