Second Amendment Ain’t the Problem, So Why Abolish It?

Highly regarded retired Supreme Court Justice John Paul Stevens again called for the Second Amendment’s repeal.

But why?

The Second Amendment does not prevent gun-control. In District of Columbia v. Heller (2008), Justice Antonin Scalia with a narrow majority of five Justices correctly recognized the Second Amendment gives an individual the right to bear arms.  But nothing in Heller divorces that right from the Second Amendment’s caveat that it must be “well-regulated.” Scalia noted assault weapon regulation is fine, background checks are fine, registration of firearms permissible, and felon in possession of a firearm laws constitutional.

In fact, though the NRA celebrated Heller, Justice Scalia’s Second Amendment blocks the NRA’s agenda to prevent gun-control.

So why repeal it?

Repealing a constitutional right, especially one of the Bill of Rights, would be a bad precedent.  We generally amend the Constitution add rights, not take them away.  The Thirteenth Amendment repealed the parts of the Constitution perpetuating slavery.  The disastrous Eighteenth Amendment taking away the right to drink we corrected with the Twenty-First Amendment.

If we repeal the Second Amendment, why not the Fourth Amendment protecting your home from police searches because cops do not like it? Or, the First Amendment because it hinders the “War on Terror”?

We do not need to repeal the Second Amendment, just the NRA’s trumped up version of it.

The better course is to recognize the Second Amendment’s well-regulated individual right to bear arms does not prevent us from passing whatever gun-control legislation we need.