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The Fix Gun Checks Act of 2011

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Howey
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« Reply #15 on: March 07, 2011, 09:30:41 am »

That's not my issue.  Do you think ownership of guns is a constitutional right?  If not, I'm curious as to why not.

That's way too loaded of a question to answer with a "yes" or "no". I will say that my opinion is that gun ownership is a right, but along with that right comes a responsibility, as the following states.

http://www.usconstitution.net/consttop_2nd.html

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The trick is finding that balance between freedom and reasonable regulation, between unreasonable unfettered ownership and unreasonable prior restraint. Gun ownership is indeed a right — but it is also a grand responsibility. With responsibility comes the interests of society to ensure that guns are used safely and are used by those with proper training and licensing. If we can agree on this simple premise, it should not be too difficult to work out the details and find a proper compromise.


I can also support this:

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Recognizing that the need to arm the populace as a militia is no longer of much concern, but also realizing that firearms are a part of our history and culture and are used by many for both personal defense and sport, this site has proposed a new 2nd Amendment — an amendment to replace the 2nd Amendment to the Constitution. This proposed text is offered as a way to spark discussion of the topic.

Section 1. The second article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The right of the people to keep arms reasonable for hunting, sport, collecting, and personal defense shall not be infringed.

Section 3. Restrictions of arms must be found to be reasonable under Section 2 by a two-thirds vote of Congress in two consecutive sessions of Congress before they can be forwarded to the President for approval.


This proposed amendment is a truer representation of how our society views our freedom to bear arms. Because "reasonableness" can be far too elastic, the two-Congress restriction requires that two Congresses in a row pass the same bill — this allows both thoughtful reflection and for the opinions of the people, to be expressed between these votes, to be heard (both at the ballot box and in general). It is an unusual, but not unprecedented, way of passing legislation. Finally, the courts would have the ultimate authority in determining if a restriction is not reasonable, providing a final layer of protection (after the two pairs of debate in the House and Senate and the President's own agreement). The militia is removed from the equation, greatly clarifying the purpose of the amendment.
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