Trump May Believe That The 2nd Amendment Protects Gun Ownership, But He Happens To Be Wrong.

It only took about two minutes Wednesday night for the Hillary Clinton – Adolph Trump debate to get to the question of guns. And it was Adolph who raised the issue when he said he would appoint Supreme Court justices who would uphold the 2nd Amendment because it was ‘under siege.’  So Wallace then flipped he question to HRC and asked her to explain her comment that the 2008 Heller decision was ‘wrong,’ to which our candidate gave a fairly sensible and cogent response:

     “You mentioned the Heller decision. And what I was saying that you referenced, Chris, was that I disagreed with the way the court applied the Second Amendment in that case, because what the District of Columbia was trying to do was to protect toddlers from guns and so they wanted people with guns to safely store them. And the court didn’t accept that reasonable regulation, but they’ve accepted many others. So I see no conflict between saving people’s lives and defending the Second Amendment.”

2ALet’s not waste our time with Adolph Trump’s rejoinder because it was an incomprehensible ramble about how he was going to do this and that. The bottom line is he said what he needed to say, namely, that if she won the election, guns would be taken away.  Because to Gun-nut Nation, saying that the 2nd Amendment is ‘under siege’ is just code for saying that private gun ownership won’t be allowed.

Incidentally, I don’t care if anyone reading this column gets offended because I refer to Trump by the first name of a certain Fascist dictator who’s ass we finally kicked in 1945. This new guy has done everything he can to demean the democratic process, to pander to the worst, most violent and extremist elements of the far Right, and his narcissism and arrogance knows no bounds. So screw him, the horse he rode in on and the whole cavalry behind him.  I’m done being polite.

Anyway, as I was saying above.  So what we got from Hillary Wednesday night was a reasoned and sober attempt to balance the constitutionality of private gun ownership against the government’s need and legitimate interest in regulating safe behavior with guns.  But why is it necessary to worry about abiding by the 2nd Amendment?  Whose constitutional ‘rights’ are even threatened if the 2nd Amendment is ‘under siege?’

I bought my first, real gun in 1956 when I was 12 years old.  I was walking around a flea market in the Florida Glades, old boy had a Smith & Wesson blue box on the table with a 38-special banger inside, wanted 50 bucks for the gun which sounded like a good deal to me.  I wasn’t a Florida resident so for some reason that wasn’t explained, give the fifty dollars to ‘nuther ol’ boy standin’ down yonder at the end of the table and he gives me the gun. Things were much simpler in those days.

Between 1956 and 2008 I probably bought and sold 500 personally guns.  Sound like a lot? Hell, it’s less than ten guns a year.  That’s not a lot of buying, selling and trading if you’re a gun nut like me. Know how many of those transactions were protected by the 2nd Amendment?  Not one.  Know how many of those transactions made me legally vulnerable because I didn’t have the blessed 2nd Amendment protecting my back?  Not one. The Supreme Court ruled in 1939 that I did not have any constitutional protection for any of my personally-owned guns, and that ruling remained law of the land until 2008.

The truth is that all this crap about the 2nd Amendment is nothing more than a cynical and nonsensical attempt by pro-gun noisemakers to persuade gun owners like me to fork over our $30 annual dues to the NRA.  And while I’m at it, I can send a few bucks to the Adolph for President campaign. After all, without Adolph running things, maybe all my guns will be taken away.  Like all my guns were taken away before the Court handed down Heller in 2008.

 

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6 thoughts on “Trump May Believe That The 2nd Amendment Protects Gun Ownership, But He Happens To Be Wrong.

  1. “I don’t care if anyone reading this column gets offended because I refer to Trump by the first name of a certain Fascist dictator who’s ass we finally kicked in 1945. This new guy has done everything he can to demean the democratic process, to pander to the worst, most violent and extremist elements of the far Right, and his narcissism and arrogance knows no bounds. So screw him, the horse he rode in on and the whole cavalry behind him. I’m done being polite.” Regretfully, I’m feeling the exact same way. I can only hope that the jack-booted campaign by the lying fraud has kicked most of these deplorables out into the light where they may wither and die.

  2. “…The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon….”

    So Miller really addressed arms inappropriate to a militia. The decision otherwise supported an individual right in the 2A but said it applied to arms having a reasonable relationship to service in a militia. One could whimsically surmise it would protect assault weapons more vigorously than hand cannons.

    Bloomberg wept….

    • Miller was also consistent with 19th century legal writings. Black’s Law Dictionary and the writings of St Georges Tucker state the Second Amendment protects weapons useful for militia use, but does not protect weapons of rioters such as dirk, dagger, and slungshot. This view is clearly stated in the Aymette case referenced by Miller. Aymette’s conviction was upheld because he was carrying an Arkansas Toothpick in a concealed manner. That large dagger wasn’t considered a weapon of a militia and concealed is not how a militia would carry the weapon. Note that Miller and Aymette weren’t concerned with membership in any organized militia.

      Heller is also affirms this idea when it says the Second Amendment does not protect the carrying of any weapon in any manner, anywhere. Unfortunately that is being interpreted by anti gun people as allowing banning militia appropriate weapons

    • Miller was also consistent with 19th century legal writings. Black’s Law Dictionary and the writings of St Georges Tucker state the Second Amendment protects weapons useful for militia use, but does not protect weapons of rioters such as dirk, dagger, and slungshot. This view is clearly stated in the Aymette case referenced by Miller. Aymette’s conviction was upheld because he was carrying an Arkansas Toothpick in a concealed manner. That large dagger wasn’t considered a weapon of a militia and concealed is not how a militia would carry the weapon. Note that Miller and Aymette weren’t concerned with membership in any1 organized militia.

      Heller is also affirms this idea when it says the Second Amendment does not protect the carrying of any weapon in any manner, anywhere. Unfortunately that is being interpreted by anti gun people as allowing banning militia appropriate weapons

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