I’m not sure whether it’s Donald Trump or Wayne LaPierre who is more convinced that Hillary is an enemy of the 2nd Amendment, but I get emails from both of them on a daily basis asking for money to keep her from moving into the Oval Office at High Noon on January 20, 2017. And what both of them keep telling me is that if Hillary becomes the 45th President, the first thing she’ll do is appoint a liberal to the Supreme Court, and the first thing the Supreme Court will do is reverse the 2008 Heller decision which will then be the first step in taking away all my guns.
How do we know that Hillary wants to get rid of the 2nd Amendment? Because the Breitbart website said so on June 5th, and if Breitbart says so, it must be true. Actually, what she really said is that she favors laws that would extend background checks to private sales and reverse the 2005 statute (PLCAA) that gave the gun industry immunity from liability torts.
Hillary’s gun positions are right on her website, and there’s nothing in her proposals that is any different from what she and other liberals have been saying for years. In fact, her call for stricter regulation of assault rifles has absolutely nothing to do with the Constitutional guarantee for private gun ownership, since the 2008 decision extended 2nd-Amendment protection to handguns, not rifles, and a later attempt by Heller to have the 2nd Amendment cover private ownership of rifles was turned down flat.
What I find interesting about Gun-nut Nation is they are the first ones to denounce the ‘liberal elite’ for using the judiciary to ‘make’ laws that run contrary to the people’s will. And the reason they don’t want Hillary to appoint any judges is because she’ll appoint judges who don’t respect the Constitution and are always trying to promote liberal ideology with their decisions rather than going by exactly what the document says. These are the same people, incidentally, who tell you that the 2nd Amendment gives them the ‘right’ to own and carry a gun without any interference from the government at all. Which means either a) they have never actually read the 2008 Heller decision; or b) they have read it and are too dumb to understand it; or c) they have read it, understand it, and are just lying to make a point. Breitbart fits somewhere between b) and c).
Let me tell you something about the 2nd Amendment and what I am going to say not only applies to Gun-nut Nation noisemakers like Breitbart, but applies to certain liberal, Constitutional scholars as well. I bought my first, real gun in 1956 when I was twelve years old. It was a beautiful, 6-inch, Smith & Wesson revolver that I found lying on a table in a tag sale on the edge of the Everglades on Hwy 441 near Boca Raton. Ten minutes after I bought it my Uncle Nathan snatched it out of my hands and sold it to a pawn shop the next day. But that’s beside the point.
From 1956 until 2008 I probably bought and sold 500 guns (which is only 10 a year) and not a single one of those transactions was protected in any way by any kind of Constitutional guarantee. Nor was a single one of those transactions in any way jeopardized by the lack of a Constitutional guarantee. Because until 2008, the 2nd Amendment only protected ownership of guns that would be used in what we call the ‘common defense.’ This was the ruling in the 1939 Miller case, and this ruling did not stop me from buying or selling a single gun.
I don’t think that ending gun violence has anything to do, pro or con, with so-called 2nd-Amendment ‘rights.’ So let’s stop worrying about whether anyone gets offended because we don’t evince a proper reverence towards the sacred, 2nd-Amendment text. Let’s end gun violence, okay?