The Constitutional Impasse of Making Guns Illegal in the USA Today

The concept of making guns illegal in the USA today faces a fundamental issue rooted in the constitutional framework and the deeply held belief in the right to keep and bear arms as a God-given or inherent natural right. This article explores the core arguments and legal implications of attempting to ban firearms in the United States, emphasizing the Second Amendment's importance and the legal obstacles that arise.

Understanding the Constitutional Basis

The right to keep and bear arms is enshrined in the Second Amendment of the United States Constitution, a document that, according to the Constitution Center, was believed by the Founders to be a set of inherent rights given by God to all people. This viewpoint is rooted in the principles outlined in the Declaration of Independence, which states, 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.'

The Nature of Natural Rights

Natural rights, which include the right to bear arms, are described as 'inherent' and 'unalienable,' meaning they cannot be surrendered to the government under any circumstances. The Declaration clearly outlines that these rights are inalienable and that the primary purpose of government is to protect these inherent rights. This view aligns with the Founders' belief that the government was created to secure these rights, not to infringe upon them.

Legal Analysis and the Second Amendment

The text of the Second Amendment provides clarity on the rights it guarantees: '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.' This statement is unequivocal, stating that the right to keep and bear arms is a fundamental right of the people, not a privilege that can be granted or revoked by the government.

Interpreting "Infringed"

The phrase 'shall not be infringed' in the Second Amendment means that no level of government, be it federal, state, or local, has the authority to restrict or ban this right. This interpretation stands firm regardless of the reasons given for doing so, from concerns about public safety to the appearance of military-style firearms. The Second Amendment explicitly states that the right to bear arms is non-negotiable and unalienable.

The phrase 'being necessary to the security of a free State' reinforces the idea that this right serves a crucial purpose in upholding the security and freedom of the nation. It is a right that is essential to the function of a well-regulated militia, representing the concept of a citizenry capable of defending itself and its government.

Conclusion: The Authority to Ban Guns

The greatest obstacle to making all guns illegal in the USA is the constitutional authority. No entity, whether it be the federal government, state governments, or local municipalities, has the authority to prohibit the exercise of this God-given or natural right. The Second Amendment asserts that this right is absolute, and only God Himself can take it away.

Therefore, any attempt to ban all guns or make them illegal is not only unconstitutional but also goes against the fundamental principles enshrined in the Constitution. This article underscores the need for a deep understanding of the Second Amendment's role in the American legal and constitutional framework, highlighting the historical and legal obstacles that any ban on firearms would face.