2nd Amendment Facts

Proposed Assault Weapons Ban would violate the Constitution

Proposed Assault Weapons Ban would violate the Constitution

Feinstein stated on CNN’s Pier’s Morgan Tonight that, “There’s no Second Amendment right to bear every type of weapon that you know of. These [assault weapons] are a certain class of weapons … I don’t believe the Second Amendment covers them.” Sen. Feinstein is wrong. She says she believes the Second Amendment wouldn’t protect the right of American’s to keep so-called “assault weapons,” however, Feinstein’s bill would face serious constitutional challenge. The government is empowered to restrict and regulate “dangerous and unusual weapons,” like fully automatic machine guns and bazooka’s (which it has since the 1934 National Firearms Act), but not weapons “in common use at the time.” This would include so-called “assault rifles. What the Second Amendment Says: The Second Amendment reads: “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.” Supreme Court Justice Scalia, writing the majority opinion in the landmark case, D.C. vs. Heller, goes into great detail about the historical precedent, legal history leading up to the writing of the Second Amendment (as well as providing legal comparison’s in the early state’s constitution’s, early American law and law pre- & post-Civil War), and the historical context for the words used in the Second Amendment. Let’s examine his review: Individual Right The Second Amendment is a personal right. Justice Scalia notes, “Nowhere else in the Constitution does a ‘right’ attributed to “the people” refer to anything other than an individual right” (p.6) . He further says that it is a natural right to self-defense that is “clearly an individual... read more

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