I had a thought. (oh no) so here goes. Putting it all together I find it hard to think that the states could even do any amount of gun control. Be it magazine size, type of weapon, or any such thing.
You see we have a few things that I would think prevent it. We have the 10th amendment.
“Amendment 10 – Powers of the States and People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This says that if it is in the constitution the states cant play with it right? OK, so what is in the constitution. We find that the framers were so alarmed that the government would do something that is against the thoughts of the people that, that they needed to make sure no one screwed around with the one thing that we could use as a last resort to fix what is broken. what is that ? Well they said that you don’t mess with our guns. plain and simple. they thought so highly of this idea that they made it to be right after the right for free speech and religion. After all how can you protect those rights if you cant fight back right?
“Amendment 2 – Right to Bear Arms
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.”
Yes they mention a militia, but do you know what a militia is? It turns out it is you and me. Even the laws of the USA specify that. under 10 USC it says that there are 2 different militias. That of the Guard and that of the people. it says that it is every man 17-45 that is not a felon.
“10 U.S. Code § 246. Militia: composition and classes
(b) The classes of the militia are—
(1)the organized militia, which consists of the National Guard and the Naval Militia; and
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”
Ok so there is that. So how does a state get away with ANY gun law? According to the supreme court we should be able to just ignore these laws right, I mean they did decide that any law that goes against the constitution is invalid right?
“Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law. The Court’s landmark decision established that the U.S. Constitution is actual “law”, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. “
So how do we get back to what the framers wanted? I guess we could go to the courts once again. the courts that were so liberal under previous administrations have exceeded their limits in my opinion. They have allowed that which is not in the constitution and laws by allowing states to restrict certain things as long as they do not disallow the major things.(gun type, magazine size…. as long as they allow at least one type of gun.) All the while going against what the framers had in mind. That of the citizenry being able to fight the government using the same or better weapons that the government uses. you have to remember that the framers didn’t say guns were for hunting, they said it was to defend yourself , your state, and your country from the enemies of such. This is what we see starting to happen in Virginia right now, the people fighting back against a government gone wrong. They have said they were going to peaceably attempt this right now. We also see a corrupt government fight back with underhanded things. What I see of these 2A folks are folks that are upholding an oath that many of us have taken and have never been released from and the pledge we all took going back to grade school.
“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
the basic oath we have all taken:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God. “
And I will add in a link to Heller just because