It’s All About the Benjamins — The Second Amendment Does Not Provide for the Individual Right to a Gun

The NRA is a terrorist organization and its propaganda puts Goebbels to shame — the Right has been played for money

The Second Amendment of the United States Constitution

Another shooting — this time at a high school in Florida on Valentine’s Day— the evil, hypocritical, capitalist, conservative argument that the Constitution provides for the right to a gun must be annihilated.

For such a specific Constitutional Right, guns are highly regulated — that’s because the right doesn’t exist. This is only dogma that supports the made up title origanalist in the Right’s mythology as stalwart supporters of the Constitution — they don’t care to understand what the Constitution actually means — simply, all it’s about is money.

Regaining the ability to own a gun after a criminal conviction is entirely different than someone with a mental illness owning one — which Trump and the rest of the GOP made easier to do last year through legislation. With that said under a strict conservative/origanalist legal view, if the right to a gun was actually a true individual right, it could never be abrogated. The view that you can deny a gun to anyone for either reason demolishes this absurdity. The United States Court of Appeals for the Fourth Circuit ruled that there is no right to an assault weapon. Anything can be considered an assault weapon — conclusion, the right to a gun doesn’t and never did exist.

Richard Nixon’s conservative Chief Justice of the United States Supreme Court, Warren Burger, wrote:

The Gun Lobby’s interpretation of the Second Amendment, is one of the greatest pieces of fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any weapon he or she desires.

All true Constitutional Rights are nebulous not physical and like all true unalienable rights delineated in the Bill of Rights, for a person with a conviction on their record or a mentally ill individual there are obviously cogent arguments against the right to a gun that even stalwart conservative gun advocates acknowledge and that should matter — it matters because it is hypocritical to the umpteenth degree. If one really believes that the Second Amendment guarantees the individual right to a gun — nothing can abridge that right.

Thus, the paradox — ultra Second Amendment advocates are in constant defense of the specific words in the Constitution (more specifically the Bill of Rights) in reality the words mean nothing to them — only the interpretation — they are the activists — and this stands in complete dichotomy to the majority of conservative constitutional views. Usually, interpretation is deemed a “liberal” view but it is what Constitutional law requires, in order to create the individual right to a gun.

A real strict constitutionalist or conservative legal scholar or even a future historian just reading the words of the Bill of Rights would understand the First Amendment because it is inherently, morally and ethically just — this counterintuitive to all the Right’s attacks on them. The fact that your right to a gun can be taken because of a conviction or mental illness weakens their position — explicitly and implicitly they acknowledge that such regulation is legal. This proves the point and makes the hypocrisy abundantly clear — could either abridge the actual enumerated rights in the Constitution — free speech, due process, search and seizure, cruel and unusual punishment, etc.? Following this logic, if the Constitutional Right to a gun actually existed, everyone would be given one — ability to attain one is irrelevant — your right is guaranteed regardless. A true Constitutional Right cannot be based on an individual’s finances — he or she must have a free, government provided gun.

The Bill of Rights is a contract between the government and the individual. The law written to protect the individual from government action upon their person and property — figuratively and literally. None of the rights enumerated in the Bill of Rights or the rest of the Constitution gives any individual a right to any property — they are all nebulous — what the government cannot do to you in person, never in the right to possesses a specific physical instrument. No, the enumerated right in the Second Amendment does not provide for the right to have a gun — the word gun is not written. What is written — as Justice Burger wrote: The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state.

Thus, the hypocrisy of the Right’s Constitutional Conservatism — all of their arguments are created to defend a non-existent right — the actual individual Constitutional Rights that they constantly attack, often solely because specific words are not written, is that hypocrisy — they argue the right to a gun is sacrosanct — again, the word “Gun” is not delineated in the text of the Second Amendment or anywhere else in the Constitution.

The right to a gun isn’t a real conservative constitutionalist/origanalist legal view — it is like much of so called conservative ideology, an evil, intentionally created fantasy. However, to not have government intrusion on your individual freedom is a right — in a word not written in the Constitution but defining that right — autonomy. If the right to a gun actually existed the NRA would facilitate free government provided guns as a non-profit — in reality it’s a for profit terrorist organization exploiting actual Constitutional Rights with the use of blatant, abhorrent propaganda — for money.