The Second Amendment is a ludicrous historical antique: Time for it to go – Salon
Those of us who are not gun fetishists are supposed to "keep our powder dry" on the subject, but it must be said: The Second Amendment is as antique as a muzzle-loaded long gun, and should be treated as a historical artifact.
We're not supposed to even whisper such things because the NRA and right-wing extremists have sensible Americans including many gun owners so bullied and cowed that we feel we are only allowed to hope for sensible gun-safety legislation around the edges of their highly profitable assault on American lives.
We've said it before, but it is always worth repeating for the millions of younger people coming to voting age each year who may not have considered it before: It doesn't take a grammarian or a constitutional scholar to tell you that the opening clause of the Second Amendment is obviously conditional:
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.
Meaning, so long as a militia of citizens is necessary (and a well-regulated one, at that), then what follows is true. But only if that first part pertains.
It no longer pertains and hasn't since the modern National Guard wasformally established in 1916. We've got the Army, Navy, Marines, Coast Guard, Air Force and even that Space Force thing, as well as the National Guard, with members who swear an oath to both their state and their federal governments. (I note that dual allegiance for all the anti-federalists still lurking out there, seething about some "tyranny" of the federal government, while at the state and local levels you busy yourself with taking away voting rights, reproductive rights, public schools and public libraries.)
The six branches of the armed forces, including the National Guard. No other militia need apply. It's covered.
If you want to help protect the interests of your state and your nation, assist citizens during emergencies, understand tactical maneuvers and carry a gun (and learn how to operate it), you can sign uphere orhere. Join the Coast Guard. Or you can become a police officer. It turns out we need better ones. Your service will be deeply appreciated, if only by lip service from the right-wingers who drone on and on about how much they love the military and the cops.
So, the need for a well-regulated militia, crucial to the early history of the country, is no longer in play. We need to rewrite the amendment, dispensing with the oddball capitalization and punctuation, to fit the times:
The right of the people to serve in the armed services or the National Guard, or to serve as law enforcement officers if duly qualified, shall not be infringed.
I dropped the prefatory clause, since everyone ignores it anyway. And that word "militia" has gotten especially confusing of late. Now the thing is up to date.
But don't take my word for it. After the Parkland, Florida, school shootings of 2018, former Supreme Court Justice John Paul Stevens wrotean op-edin the New York Times describing the Second Amendment as "a relic of the 18th century" and arguing it should be repealed. Former Supreme Court Chief Justice Warren Burger, a conservative appointed by Richard Nixon, said in 1991 that the NRA's reading of the Second Amendment was "a fraud" and said that if he were writing the Bill of Rights today he'd flat-out dump it.
We've got the Army, the Navy, the Marines, the Coast Guard, the Air Force and even that Space Force thing, as well as the National Guard. We're covered. No other "militia" need apply.
The current batch of right-wing Supreme Court justices sponsored by the Federalist Society have furtherdiscredited the high court by pretending they can peer into the hearts and minds of the founders as a way to keep the country hobbled on this issue. It's always worth noting (especially, again, for younger voters) that the Heller decision, in which Justice Antonin Scalia simply divorced the "keep and bear arms" part of Second Amendment from any connection to militia membership, was in 2008, not way back at the founding of the republic.
We don't live in colonial times, people. We live in these-here times days of conspiracy theories, white nationalism and so-called government leaders who do all they can to prove government cannot work, who praise despots and work with them to undermine democracy, who call journalists "the enemy of the people" and dehumanize their political opponents.
OK, none of that is entirely new to American history, but today we live in a country where there are more guns than people, where there are more mass shootings than days on the calendar, where Fox News has gun-clutching people living in a constant state of paranoia and fear, whereyoung people are increasingly paying with their lives.
Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.
If we could somehow summon up Franklin or Madison or Hamilton to speak to us on the gun issue, I imagine they'd have a lot to say.One suspects the founders would take a look at modern handguns and assault weapons, learn how they operate and tell us a bit more about the intent of the Second Amendment. They would say, I think, that the citizens' right to safety and the pursuit of happiness far outweighs any imagined individual right to own a weapon of war or carry any kind of gun in public.
Those who claim to be both "pro-life" and "pro-gun" should be aware that the rest of us consider those terms absurdly paired and we see through the marketing fluff of "pro-life" used in place of "anti-abortion," as well as the "pro-life" willingness to let women die in childbirth an abandon kids to lives of poverty. But in this country, where politicians of a certain stripe are busy teaching us that up is down and facts aren't facts, and where the NRA owns many of those politicians, we see people being gunned down every day in every venue one can imagine shopping centers, grocery stores, movie theaters, concerts, hospitals, churches, schools.
The vast majority of citizens want sensible gun regulations now. Parents and younger Americans of all political stripes are frustrated and deeply unhappy with gun culture, with all its simmering fear and dread about the next news bulletin and days of fruitless discussion of the shooter and his motive, and the hopelessness created by talk of the "slippery slope" if we take any action to stop the carnage.
This is what political operatives on the right have done so well for decades: They work the refs and move the goalposts until any objections to their aims are no longer recognized as legitimate. That "well regulated Militia being necessary" becomes (courtesy of the NRA and Scalia) no militia need apply becomes a tradition with deep roots in our culture becomes a God-given right.
It would be laughable if it weren't so tragic, and if guns weren't now the leading cause of death of younger Americans.
Young people recoil at the Second Amendment argument even more than they cringe at that out-of-fashion furniture their parents have piled up in the basement and are now offering them. Thanks, but no thanks.
We parents would like our children (and grandchildren) to be safe when they are at the movies, in a mall, in church, at school. All of us would like to feel safe in public spaces. We don't need to hear a single damn thing froma criminal organization like the NRA or from politicians in the pockets of that criminal organization.
The Second Amendment is an antique curiosity laughably outmoded for our times. It's time for it to go.
We must say it precisely because we have been so bullied for so long into believing that we must not or cannot say it.One day, if we can keep our democracy intact against the frantic efforts of the self-proclaimed American "patriots," younger Americans will band together to do what they did with laws against marijuana and will do in short order with restrictions on reproductive rights: They'll put the Second Amendment right where it belongs, in the dustbin of history, already piled way too high with spent shells and needless deaths.
Read more
about America's epidemic of gun violence
Read more from the original source:
The Second Amendment is a ludicrous historical antique: Time for it to go - Salon
- No, Abdul el Sayed, the Second Amendment doesnt mean muskets only - Washington Examiner - October 26th, 2026 [October 26th, 2026]
- Opinion: Winning back ground on the Second Amendment - Post Register - October 26th, 2026 [October 26th, 2026]
- Members Newsletter: James Dean Stars in Second Amendment Ruling - The Reload - October 26th, 2026 [October 26th, 2026]
- From Muskets to Gun Bans: The Modern Fight Over the Second Amendment - Texas Gun Rights - October 26th, 2026 [October 26th, 2026]
- France riots reinforce the genius of the Second Amendment - Washington Examiner - October 26th, 2026 [October 26th, 2026]
- Letter: Anthony Constantino will stand up for the Second Amendment - nny360.com - October 17th, 2026 [October 17th, 2026]
- Trump's Campaign Highlights: Second Amendment, Economy, and Iran - news8000.com - October 17th, 2026 [October 17th, 2026]
- Burlison calls ATF rollback biggest Second Amendment victory in over 80 years - Newstalk KZRG - October 17th, 2026 [October 17th, 2026]
- ATF RELEASES GUIDANCE IN RESPONSE TO NFA INJUNCTION WILL NOT ENFORCE REGISTRATION - Second Amendment Foundation - October 12th, 2026 [October 12th, 2026]
- PRIMARY WEAPONS SYSTEMS JOINS SAF AS NEWEST SILVER-LEVEL CORPORATE PARTNER - Second Amendment Foundation - October 8th, 2026 [October 8th, 2026]
- SAF WIN: CALIFORNIA SHERIFF TO ALLOW RED DOTS, WEAPON LIGHTS AND 1911/2011 HANDGUNS - Second Amendment Foundation - October 8th, 2026 [October 8th, 2026]
- Trump wont allow Democrats to take away Second Amendment - The Weekly Times - October 8th, 2026 [October 8th, 2026]
- Court declines to hear cases on Lets Go Brandon sweatshirts, felons Second Amendment rights, COVID-19 vaccine mandates, and other notable issues -... - October 6th, 2026 [October 6th, 2026]
- The Supreme Court is taking an aggressive look at Second Amendment cases, expert says - Fox News - October 6th, 2026 [October 6th, 2026]
- VERIFY: Rep. Jen Kiggans' support of the Second Amendment and gun laws - 13newsnow.com - October 6th, 2026 [October 6th, 2026]
- The Second Amendment and Aliens Unlawfully Present in the United States - everycrsreport.com - September 29th, 2026 [September 29th, 2026]
- NRA's Gun Bus Tour in Harrisburg aims to boost voter turnout for Second Amendment supporters - fox43.com - September 29th, 2026 [September 29th, 2026]
- Governor Jeff Landry promotes hunting, fishing, Second Amendment - Shreveport Times - September 29th, 2026 [September 29th, 2026]
- Court cases that shape your Second Amendment rights - usconcealedcarry.com - September 24th, 2026 [September 24th, 2026]
- Missouri Voters Face a Second Amendment 3, and This Time a Yes Vote Repeals 2024 Abortion Rights - Medical Daily - September 24th, 2026 [September 24th, 2026]
- A SCOTUS Petition Argues That the Second Amendment Requires Carry-Permit Reciprocity - Yahoo - September 8th, 2026 [September 8th, 2026]
- SCI and Sportsmen's Alliance Foundation Urge Supreme Court to Extend Second Amendment to Commonly Used Hunting Firearms - The Outdoor Wire | The... - September 8th, 2026 [September 8th, 2026]
- Louisiana Second Amendment sales tax holiday offers savings on guns and ammo this weekend - WBRZ - September 8th, 2026 [September 8th, 2026]
- Higgins Leads Roundtable on Suppressors and Their Relationship with the Second Amendment - House.gov - September 8th, 2026 [September 8th, 2026]
- Second Amendment Roundup: 1st Volley of Briefs Filed in Viramontes - inkl - September 8th, 2026 [September 8th, 2026]
- Until the Second Amendment is repealed, I will own an assault rifle - The Commonwealth Times - August 29th, 2026 [August 29th, 2026]
- Suppressing the Second Amendment: Examining DOJ's Posture Toward Firearm Suppressors - House.gov - August 29th, 2026 [August 29th, 2026]
- Second amendment holiday starts with a boom - The Daily Corinthian - August 29th, 2026 [August 29th, 2026]
- Nearly 2,000 sign petition opposing Flock cameras based on Second Amendment privacy concerns - 1819 News - August 29th, 2026 [August 29th, 2026]
- Second Amendment could include owning cannons, heavily armed ships: UPenn law professor - The College Fix - August 14th, 2026 [August 14th, 2026]
- The New York Timess right to kill story gets the Second Amendment backward - Washington Examiner - August 14th, 2026 [August 14th, 2026]
- DOJ holds off on appeal of gun law, giving hope to Second Amendment groups - Baltimore Sun - August 14th, 2026 [August 14th, 2026]
- PLAINTIFFS SUBMIT LETTER TO DOJ/ATF SEEKING CLARITY IN NFA INJUNCTION RULING - Second Amendment Foundation - August 14th, 2026 [August 14th, 2026]
- Press Release: Jimmy Patronis Joins GOP Letter Urging DOJ to Back Second Amendment Ruling - Quiver Quantitative - August 14th, 2026 [August 14th, 2026]
- El-Sayed argued against the Second Amendment in unearthed social media videos - WFIN - August 14th, 2026 [August 14th, 2026]
- Dunlap and LePage try to outgun each other over support for Second Amendment - Maine Morning Star - August 11th, 2026 [August 11th, 2026]
- Second Amendment Advocate Takes Fight to Washington - The South Shore Press - August 9th, 2026 [August 9th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN CA GLOCK BAN LAWSUIT - Second Amendment Foundation - August 9th, 2026 [August 9th, 2026]
- Second Amendment Foundation Weighs In On Proposed ATF Rule Changes - AOL.com - August 9th, 2026 [August 9th, 2026]
- Ask Jordan: Is a personal nuclear weapon protected by the Second Amendment? - MS NOW - July 24th, 2026 [July 24th, 2026]
- Ammunition Depot and NRA Partner to Expand Support for Second Amendment Litigation - American Rifleman - July 24th, 2026 [July 24th, 2026]
- Constitutional Second Amendment Assault-style firearms - Rhode Island Lawyers Weekly - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - Rutland Herald - July 24th, 2026 [July 24th, 2026]
- Second Amendment freedom guarantees all our freedoms - Washington Times - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - The Herald Journal - July 24th, 2026 [July 24th, 2026]
- Supreme Court Makes the Right Call on the Second Amendment - Daily Signal - July 24th, 2026 [July 24th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN MARYLAND GLOCK BAN CASE - Second Amendment Foundation - July 24th, 2026 [July 24th, 2026]
- Irans Unarmed Citizens Show Why the Second Amendment Still Matters - NSSF | The Firearm Industry Trade Association - July 18th, 2026 [July 18th, 2026]
- Trump-appointed 9th Circuit judge implores SCOTUS to issue 'benchslaps' over Second Amendment - Law and Crime News - July 18th, 2026 [July 18th, 2026]
- THIRD CIRCUIT STRIKES DOWN NEW JERSEY ASSAULT WEAPONS BAN, BOLSTERING SAFS CASES BEFORE THE SUPREME COURT - Second Amendment Foundation - July 18th, 2026 [July 18th, 2026]
- Schmidt Issues Statement on Second Amendment Preservation Act - Ohio House of Representatives (.gov) - July 18th, 2026 [July 18th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Yahoo - June 24th, 2026 [June 24th, 2026]
- 'Why would only the Second Amendment right have this litmus test?': Gun law analyst breaks down WA's 83% background check fee hike - MyNorthwest.com - June 24th, 2026 [June 24th, 2026]
- Supreme Court: Law Cited in Hunter Biden Case Violates the Second Amendment - National Review - June 24th, 2026 [June 24th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- CCRKBA Hails Unanimous SCOTUS Ruling on Second Amendment - Outdoor Wire - June 24th, 2026 [June 24th, 2026]
- Second Amendment Foundation Fights to Extend Under-21 Handgun Ban Victory Nationwide - USA Carry - June 24th, 2026 [June 24th, 2026]
- Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- SAF THROWS SUPPORT BEHIND FORMER VIRGINIA AG'S ASSAULT WEAPONS BAN CHALLENGE - Second Amendment Foundation - June 17th, 2026 [June 17th, 2026]
- Curtis, Colleagues Introduce Bill to Increase Second Amendment Protections Against Frivolous Lawsuits - Senator John Curtis (.gov) - June 14th, 2026 [June 14th, 2026]
- No Second Amendment Protection for Heroin Trafficker: News Article - Independent Institute - June 14th, 2026 [June 14th, 2026]
- The Second Amendment separates us from Britain - Washington Examiner - June 14th, 2026 [June 14th, 2026]
- Second Amendment fights grow across several states over 3D-printed gun laws - Yahoo - June 12th, 2026 [June 12th, 2026]
- Chaffee County Patriots to Host Town Hall on the Second Amendment - Heart of the Rockies Radio | - June 12th, 2026 [June 12th, 2026]
- Justice Department investigating Philadelphia for possible Second Amendment violations in gun permitting process - CBS News - June 12th, 2026 [June 12th, 2026]
- Patriots to host Second Amendment town hall June 11 - The Mountain Mail - June 12th, 2026 [June 12th, 2026]
- Florida Agrees to Kill Its 3-Day Gun Waiting Period, Concedes It Violates the Second Amendment - USA Carry - June 12th, 2026 [June 12th, 2026]
- The curious case where the Trump Administration is challenging the Second Amendment: All the way to the Supreme Court - Daily Kos - June 12th, 2026 [June 12th, 2026]
- Gun insurance could save lives without infringing on Second Amendment rights | Opinion - PennLive.com - June 7th, 2026 [June 7th, 2026]
- Michael Gates Could Change Everything for Second Amendment Rights in California - California Rifle & Pistol Association - May 31st, 2026 [May 31st, 2026]
- Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Higgins Opens Hearing on Privacy Protections and the Second Amendment - House.gov - May 17th, 2026 [May 17th, 2026]
- Griffith Statement on Spanberger Support of Anti-Second Amendment Bills - Patriot Publishing LLC - May 17th, 2026 [May 17th, 2026]
- The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Yahoo - May 13th, 2026 [May 13th, 2026]
- How the ACLU Started Defending the Second Amendment - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- ASU grad bridges disciplines and perspectives with his Second Amendment research - ASU News - May 11th, 2026 [May 11th, 2026]
- Do Undocumented Immigrants Have Second Amendment Rights? First Circuit Weighs In - FindLaw - May 11th, 2026 [May 11th, 2026]
- DOJ Sues City of Denver Over Assault Weapons Ban, Calls Local Ordinance a Civil Rights Violation Under Second Amendment - USA Carry - May 11th, 2026 [May 11th, 2026]