Why Gun Rights Advocates Misinterpret the Second Amendment on Assault Weapons

Many people on both sides of the political spectrum believe that the Second Amendment gives constitutional protection to assault weapons. However, this interpretation is misguided and stems from a series of misunderstandings about the amendment’s true purpose and the legal interpretations surrounding it.

Myths and Misinterpretations

The prevalent belief that the Second Amendment protects the right to keep and bear assault weapons is a common misconception. To clarify, the Second Amendment does not specifically mention any types of firearms, nor does it exclude any. The text of the amendment 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.”

When people argue that the amendment protects their right to keep and bear assault weapons, they often rely on an overly broad and vague interpretation. The Second Amendment primarily concerns the right of the people to keep and bear arms, which historically includes a wide range of weapons but does not specify current definitions or limitations like assault weapons.

Legal Interpretations and the Supreme Court

The legal status of the assault weapons ban is a topic of intense debate. It is important to recognize that the Supreme Court has not explicitly overturned the ban, and in the absence of such an action, the ban remains in effect. The Supreme Court has discretion and it is not obligated to hear every case that challenges a law. The process to get a case to the Supreme Court is rigorous, requiring a legal challenge and a strong ground for appeal.

Despite the ban not being overturned, it is crucial to understand that any law, state or federal, must not contradict the Constitution to be considered lawful. Therefore, if a law is unconstitutional, it is not lawful. In the case of the assault weapons ban, the ban is considered unconstitutional because it conflicts with the Second Amendment. The Constitution does not make a distinction between sporting arms and other arms, thus making the ban invalid.

Understanding Assault Weapons

An assault weapon is a type of firearm designed for rapid and high-volume firing. These weapons are often semiautomatic or fully automatic, with features that enhance their ability to fire quickly and precisely. Here are five examples of items that make up assault weapons:

Rifle Models: AR-15 and similar variants, which are highly versatile and customizable. Handguns: Uzi and MAC-10, which are compact, semi-automatic or fully automatic. Shotguns: Remington Assault 1118F and others, which often have features like collapsible stocks and magazine clips. Pistols: Glock 17 and similar models, which are chambered for high-capacity rounds and can be configured in a variety of ways. Silencers: Devices that attach to the end of a firearm to muffle its sound, often used in combination with other assault weapons.

Civics 101: Separation of Powers

The separation of powers is a fundamental principle in the United States Constitution. It divides the government into three branches:

Legislative: Congress, which makes the laws. Executive: The President, who signs bills into laws and enforces them. Judicial: The Supreme Court, which interprets the Constitution and can declare laws unconstitutional.

When the Supreme Court decides to hear a case, they are not just acting on their own accord. They must be invited into the case, and they can still decline to hear it if they do not find it appropriate. This process highlights the importance of the delicate balance of power within the government and the role of the Supreme Court in interpreting the Constitution.

In the context of the assault weapons ban, the Supreme Court has not yet made a final determination. However, the Constitution itself provides the framework for gun rights, and any law that contradicts the Second Amendment is considered unconstitutional.

To make informed decisions, it is essential to understand the legal and historical context of the Second Amendment. The amendment protects the right to bear arms but does not explicitly mention assault weapons. The assault weapons ban, while well-intentioned, is not in alignment with this protection and lacks the constitutional backing necessary to be considered valid law.

For further reading and additional insights, please refer to authoritative sources and reputable publications that cover constitutional law and gun policy.