Biology Magazine

A Conservative Legal Argument for Gun Control

Posted on the 29 July 2016 by Ccc1685 @ccc1685

I am an advocate for gun control because, as I expounded in my previous post, of my inherent belief in the incompetence of all humans. A major impediment to gun control in the US is the 2nd Amendment of the Constitution, which states "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." The two key phrases of the 2nd Amendment are "well regulated Militia" and "right ... to bear arms" and there has always been constant tension over what they exactly mean. The current Supreme Court, prior to Antonin Scalia's death, held that the 2nd Amendment means that people can bear arms under any circumstance and this has led to the overturning of many gun control measures in cities like Washington DC and Chicago. However, this has not always been the case. Previous courts have put more weight into the "well regulated" part and allowed for some gun restrictions.

Although the right to bear arms is considered to be the conservative position, I actually think there is an equally compelling conservative argument for gun control. One of the things that conservatives argue for is that government should be less centralized and that individual states should be able to set their own laws, as long as they don't violate the Constitution. Hence, gun control advocates should use a "States' Rights" argument that communities should be able to establish their own interpretation for how "well regulated" and "right to bear arms" should be balanced. Instead of trying to fight for uniform federal gun control laws, they should argue that local laws should be allowed to stand, provided that they do not completely outlaw guns. So if Washington DC wants an assault weapons ban, that should be fine. If Chicago wants to limit magazine sizes in hand guns, that should also be okay. People in gun ravaged cities like Baltimore should not have to have gun laws that might be popular in states like Idaho be forced upon them. Depending on who fills the vacant position on the next Supreme Court this line or argument could be moot but I think it is one that gun control advocates should perhaps pursue.


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