Gun ban unconstitutional.

All men raise your hands and celebrate, for this day the Supreme Court has done its intended role and protected the US constitution from those who wish to ignore it. Today is a historic day, a Washington DC ban of handguns has been stuck down. Here’s what the constitution has to say on the matter.

Amendment 2.

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.

Amendment 14.

1. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United State; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the law.

The tenth amendment guarantees the right of this nations citizens to “keep and bear arms” and the fourteenth amendment says the rights guaranteed by the constitution may not be infringed upon.

Why is there even a debate about whether or not Washington’s gun law is constitutional or not? It’s clearly against it, the constitution could not be anymore clear. Many point to the clause about a militia being necessary to the security of this nation as reason to ban guns from those not in the militia, but that is quite a stretch. First off, that has nothing to do with the right of people to bear arms; it only states the reason why the right to bear arms may not be infringed. Secondly, nowhere does it state that “the right of the militia to keep and bear arms shall not be infringed” it says “the right of the people to keep and bear arms shall not be infringed.”

There is no question that the founding fathers didn’t just intend for the militia to be able to bear arms, they intended for the people to bear arms, and the constitution should be interpreted that way. If you don’t like it, change the constitution, read Article 5 to find out how.

But the anti gun crowd knows they could never get a constitutional amendment, limiting the right to bear arms to only the militia, passed the states. There are few things that people would take to the streets for these days, but I guarantee you that if such a thing were ever to occur people would literally be up in arms about it.

The courts are 2-1 right now in my opinion, right to provide habeas corpus (sp?) to those in ghitmo, wrong to overturn a state law giving the death penalty to child rapists, and now correct to uphold the second amendment. The right of the people to keep and bear arms shall not be infringed, period.