Founders - All Federal Gun
Restrictions Are Unconstitutional

© Getty

By Justin Haskins. April 1, 2021

Following the recent tragic shooting at a grocery store in Boulder, Colo., President Biden joined a chorus of congressional Democrats demanding strict 'gun-control' legislation, including a ban on guns commonly referred to as "assault weapons".

"We can ban assault weapons and high-capacity magazines in this country once again," Biden said. "I got that done when I was a senator. … We should do it again."

Putting aside whether restricting gun ownership for lawful citizens is effective public policy (it isn't), questions remain about the extent of the power of Congress and president to impose gun laws in light of the Second Amendment.

The Constitution guarantees that "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."

A plain reading of the Second Amendment ought to be enough to stop nearly all federal gun laws. But over the past century, courts and scholars have watered down the Bill of Rights with convoluted arguments that contradict the overwhelming historical evidence available today.

The truth is, the intentions of those who debated, wrote and passed the Second Amendment are clear: The purpose of the amendment is to protect individual liberty by, in part, stopping the federal government from instituting gun restrictions of any kind, because America's founders wanted to ensure citizens had the ability to defend themselves against a tyrannical national government and other domestic threats, as well as from foreign invaders.

Evidence of this view can be found in the Second Amendment itself. First, there are no "except" clauses in the text. It simply says the right to bear arms "shall not be infringed." .....

Those who seek to ban or regulate guns have consistently tried to shred the Second Amendment - even proposing its repeal. Supporters of our innate rights have opined and pointed out the strength and simplicity of the 2A, showing how it has no ambiguity - even 'well regulated' simply means well trained, and does not provide a reason to pontificate over what is and what is not permissible.


Back to Top