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What If the Second Amendment Were Repealed?
The Huffington Post's Huffpost Politics ^ | January 30, 2016 | Paul Heroux, State Senator (D-MA)

Posted on 01/31/2016 5:18:29 PM PST by 2ndDivisionVet

The Second Amendment to the Constitution states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Debate about the Constitutionality of the individual right to bear arms was settled when the US Supreme Court in District of Columbia et al. v Heller stated that:

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

The Second Amendment is more than the right to bear arms. It represents a way of life and a culture in America. People who take advantage of their Second Amendment right are generally very responsible gun owners. In my experience, they take gun safety very seriously for two main reasons: 1) they are law abiding citizens and 2) they recognize the consequences both individually and collectively when guns are abused.

What if the Constitution Changed?

There are two avenues for the "right to bear arms" to be eviscerated, and to be clear I am not advocating for that in this article. The first is by changing the Constitution, specifically repealing the Second Amendment. While changing the Constitution and repealing an Amendment has happened in the past with the repeal of the Eighteenth Amendment (Prohibition) in the Twenty-first Amendment, I don't think this is going to happen. To amend the Constitution we need to satisfy all of the requirements of Article V in the Constitution, which states...

(Excerpt) Read more at huffingtonpost.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: banglist
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To: 2ndDivisionVet

Not in my lifetime.


21 posted on 01/31/2016 5:32:18 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: 2ndDivisionVet

Alan Gura, I think


22 posted on 01/31/2016 5:32:21 PM PST by Lurkinanloomin (Know Islam, No Peace - No Islam, Know Peace)
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To: 2ndDivisionVet
Civil Disobedience
23 posted on 01/31/2016 5:33:10 PM PST by Elderberry
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To: Las Vegas Ron

One of the few good things Orrin Hatch did as a senator was an exhaustive study on the original meaning & intent of the 2nd Amendment. “Well regulated” - in the vernacular of the time - meant that you were well versed in handling your arms. After all, they Founders were averse to a standing army & wanted the citizens to be the militia - already well trained & prepared when needed. That is the true meaning of ‘well regulated’.


24 posted on 01/31/2016 5:33:35 PM PST by Twotone (Truth is hate to those who hate truth.)
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To: GregoTX

Relax. He’s actually on our side.


25 posted on 01/31/2016 5:33:35 PM PST by Lazamataz (I'm an Islamophobe??? Well, good. When it comes to Islam, there's plenty to Phobe about.)
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To: 2ndDivisionVet
repealing the Second Amendment.

The right of the people to keep and bear arms exists independently of and was not granted by the Second Amendment. 2A merely offers constitutional protection to an existing, fundamental human right.

26 posted on 01/31/2016 5:33:48 PM PST by NorthMountain ("The time has come", the Walrus said, "to talk of many things")
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To: Da Coyote

Literally or otherwise brother, I stand with you side by side


27 posted on 01/31/2016 5:35:54 PM PST by onona (Where are you tonight, my sweet Marie)
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To: 2ndDivisionVet

The right to defend yourself and your family is NOT a right granted by the government. It’s a natural right. Therefore, the government can’t legitimately take it away. All “gun control “ measures including background checks, waiting periods, permits, etc, as well as those being talked about such as mandatory insurance (and don’t think for a minute it won’t be prohibitly expensive for most), taxes on ammunition etc., are all clearly intended to make it difficult if not impossible for someone to own a gun, an infringement if you will. Any attempt to repeal the 2nd, while procedurally legitimate as a new amandment, would be in and of itself an attempt to take away a natural right...infringement again. Therefore the attempt to repeal the 2nd would be unconstitutional.


28 posted on 01/31/2016 5:36:21 PM PST by wny
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To: 2ndDivisionVet
No amentmant can be reapealed, they are ALL both restrictive and declatory:

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

The BOR restricts the Government from taking our God Given rights, if one can be repealed, they will all be eventually repealed.

29 posted on 01/31/2016 5:36:51 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: 2ndDivisionVet

Too easy, Ted Cruz.


30 posted on 01/31/2016 5:37:03 PM PST by Robert DeLong (u)
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To: 2ndDivisionVet

Trick question: An inalienable right cannot be repealed.


31 posted on 01/31/2016 5:37:05 PM PST by Mechanicos
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To: 2ndDivisionVet

You know exactly what would happen, FRiend.


32 posted on 01/31/2016 5:38:43 PM PST by datura (Proud Infidel)
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To: 2ndDivisionVet

“two avenues for the “right to bear arms” to be eviscerated, and to be clear I am not advocating for that in this article.”

He lies!


33 posted on 01/31/2016 5:39:08 PM PST by dynachrome (We have multiplied our possessions, but reduced our values.)
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To: 2ndDivisionVet

Second amendment repealed and CWII commences.


34 posted on 01/31/2016 5:39:14 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: 2ndDivisionVet

Then a whole lot of liberal fascists get the receiving end of the Ceausescu Protocol.


35 posted on 01/31/2016 5:39:18 PM PST by Noumenon (Resistance. Restoration. Retribution.)
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To: 2ndDivisionVet
As a legislator and I am always interested in people's opinions. This is a thought experiment; a hypothetical. There are no right or wrong answers.

What would you do if all of the requirements of Article V of the Constitution were met and the Second Amendment was repealed?

What would you do if the Second Amendment was effectively repealed by a US Supreme Court ruling that the right to bear arms does apply to an individual, but only individuals in a militia?

If the defense of the Second Amendment rests in reference to the Constitution as it stands now, what argument would you use if the Constitution was changed to no longer protect the individual right to bear arms?

As a law abiding gun owner, would you give up your guns? What do you think would happen to violent crime rates, accidental shootings and suicides?

Would you follow the new law of the land that was legitimately established, just as laws allowing the possession of a firearm have been legitimately established?

If the SCOTUS were to "rule" I would ignore it....and start a drive to have them impeached, removed, and imprisoned.

I would not surrender any weapons for any reason.

36 posted on 01/31/2016 5:40:06 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Da Coyote
Uh, the author of the article may be a Democrat, but he isn't anti 2nd Amendment:

"I am a Democrat State Representative who has been endorsed by the Gun Owners Action League (GOAL) of Massachusetts because my position on guns rights doesn't interfere with law abiding citizens."

37 posted on 01/31/2016 5:40:32 PM PST by freeandfreezing
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To: Randy Larsen

The liberals want nothing more than to have an excuse to use the full strength of the US military and federal government against their political enemies. This is what they want. It’s their end game.


38 posted on 01/31/2016 5:41:22 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: Nachum

It won’t matter. The right to own a gun is a GOD-GIVEN right that cannot be taken away by the government. If the government tries to take that right away, God will lead us to form a new government.


39 posted on 01/31/2016 5:43:12 PM PST by GodAndCountryFirst
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To: Eddie01
Law abiding citizens get slaughtered.

Govenment Doo-right steps in to save us all.

We become slaves to the State.

That is just about what I thought too. It might not happen immediately, but it would happen. Remember what that one communist said, 25 to 30 million Americans would be killed off in a communist take over.

40 posted on 01/31/2016 5:43:29 PM PST by Mark17 (Thank God I have Jesus, there's more wealth in my soul than acres of diamonds and mountains of gold)
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