Voice: Its time to repeal the Second Amendment – Desert Sun
Bob Henry, Special to The Desert Sun Published 5:00 a.m. PT March 1, 2021
These photos show a vehicle, gun and drug paraphernalia confiscated Monday, Nov. 2, 2020 at a Highway 111 checkpoint.(Photo: U.S. Customs and Border Protection Agency)
The Second Amendment is not sacrosanct.
The Constitution and its amendments were written with the idea that this document could be added to and changed as the circumstances of our country changed. This also applies to the right to bear arms. Even if the writers of the Constitution believed that we had an unlimited right to keep guns, which they did not, they would have recognized the right to change or repeal the Second Amendment at some time in the future.
The arguments over the Second Amendment have never been resolved. Originally the amendment was interpreted literally: In order to maintain a well-regulated militia, citizens had the right to keep and bear arms. Up until 1980, it was understood that the two parts were linked.
The 1980 Supreme Court decision in District of Columbia vs. Hellerignored the linkage between state militias and owning guns, and ruled that citizens had a virtually unlimited right to own guns. It ignored the issue of what constitutes a well-regulated militia.
This is very troubling. The courts have sidestepped the issue of what constitutes a well-regulated militia. In the past, it was assumed that the amendment referred to state militias, which have become our state National Guard units. Our founders did not contemplate the rise of private armies.
So, we have two problems linked together that could destroy our democracy. They are a) everyone is allowed to bear arms and b) there is no restriction on forming private militias.
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Why not do away with the Second Amendment entirely? This would not eliminate guns. It would allow state and federal governments to regulate them. If this were the case, our politicians could not hide behind the Second Amendment to justify doing nothing. We would no longer hear the phrase, Of course I believe in the Second Amendment before every discussion of gun control.
According to a Pew reearch poll, 60% of Americans favor increased gun control (Pew Research Center, October 2019). The majority of Americans do not own guns. A November 2020 Gallup poll found that gun owners constituted only 32% of our population. Most people have no use for private armed groups. We are the majority, so why should we be afraid to suggest doing away with an amendment that is now a threat to our democracy?
We do not need weapons to defend ourselves from our government as long as we take our duties as citizens seriously; we are the government. Neither do we need armed groups to defend us from our fellow citizens. Thats what we have police for.
We are being held hostage by the fantasies of a segment of our society who picture themselves as Ramboesque characters who will defend their values with blood. Personally, I would rather defend our values with the political processes we have fought so hard to create.
Practically, I realize that it is extremely difficult to amend our constitution. It is only when an overwhelming majority of society insists upon a change. What we can do is start that discussion. There is no reason why the repeal of the Second Amendment should be a taboo topic.
Open discussion is the first step in making change, and this change is long overdue.
Bob Henry(Photo: Courtesy)
Bob Henry is a 45-year resident of the Coachella Valley. He is an educator and former teacher at Coachella Valley High School. He can be reached atbobhenrycve@gmail.com
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