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Mark Cuban Solves 2nd Amendment Debate: Keep Your Guns, States Regulate

Billionaire Mark Cuban solves the 2nd Amendment debate with a little editing. Your federal government guarantees your right to keep and bear arms, while your state regulates that gun ownership. What could be wrong with a solution that respects our federated republican form of government, and guarantees your right to own a gun?

Billionaire Mark Cuban solves the 2nd Amendment debate with a little editing. Your federal government guarantees your right to keep and bear arms, while your state regulates that gun ownership. What could be wrong with a solution that respects our federated republican form of government, and guarantees your right to own a gun?

14 replies on “Mark Cuban Solves 2nd Amendment Debate: Keep Your Guns, States Regulate”

To be a state in the Union, states must recognize federal rights, including the 2A. That means the state cannot be more restrictive than the Constitution, because the states agreed to the Constitution when they joined the US. The 2nd amendment is the only one that says “shall not be infringed.” That’s plain English to everyone, except people who hate guns, who want to find a way around it. Yes, governments have powers, and individuals have rights, and the reason the individuals have the right to guns, is, in the end, to make sure the government’s power cannot override the peoples’ rights. It gives the citizenry the ability–as both a right and a duty–to resist the government’s power with force when necessary if all else fails and the government gets tyrannical. This is the fundamental reason we have the 2A, and the Founders detail their thoughts on it in the Federalist Papers, not in the Constitution. Self-defense against criminals is only a secondary issue at best. It’s all about fighting the government if they turn bad. That means a state cannot dictate a more restrictive gun control under the Constitution than that which the Constitution already gives them. They can pass less restrictive laws, perhaps, but not more restrictive ones. For example, under the 2A every citizen who is not a criminal and is an adult has a right to own guns. A state could just waive its power and go Constitutional Carry as many are, or open carry, as those are about carry (bearing). But if you read the Constitution literally, all gun laws and restrictions, even those that are currently legal and may even make common sense, like the Firearms Act of 1934, are an infringement. The militia is the People. But those who want “control” will always be opposed to gun ownership because the right to keep and bear arms empowers the people, not them. And that’s why they want it destroyed. I applaud the urge to protect gun ownership under federal law and to reinforce it with legislation. But I am suspicious and decry any attempt to let the states decide they can restrict a federal right locally. The states have no say in this; it’s a Constitutional right, not a state’s right. All states have recognized the U.S. Constitution as the law of the land when they joined the Union. Any attempts to infringe, by gun control groups or state governments, is un-Constitutional and must be rejected and fought every day. Now and forever. If the government–federal or state–starts controlling your rights under the Constitution, it will become tyrannical at some point–they always do. But if you are unarmed, you will effectively be a slave, for you will have given up your power to the state, which someone, somewhere, will eventually abuse. Disarmed, you will have no choice but to obey and comply. And that is not American.

Thee is ONLY one “HELPER” in the Democrats better renamed the Democratic Socialist m(OXYMORON) fantasy IDEOLOGY which is myopic, delusional and very destructive. That is BIG Collectivist government, period.

Great wrap-up argument Scott! Many of liberal’s ideas seem to either not think things thru to their logical conclusion or their alterior motive seems to be repression of the minorities. Think abortion, for one. Their ideas sound good, at first glance, but they have no real way of implementing them that works to change things for the better.

The constitution does not mention guns. There is no right to keep and bear guns. The constitution says, “arms.” That includes but is not limited to swords, pikes, spears, knives, blackjacks, longbows, crossbows, tasers, pepper or CS spray, clubs, brass knuckles, tomahawks, sword canes, and any of the future’s innovations, like ray guns, stunners, blasters, etc. Arms means weapons, not exclusively firearms. In fact, my Florida concealed carry permit says weapon, not gun.

Most constitutional scholars agree that the bill of rights is a guarantee of individual rights, as opposed to collective rights. I agree that the second amendment should be rewritten, and suggest something along the lines of the following:

The right of self-defense being among the most fundamental of natural rights; the rights of the people to keep and bear weapons, of any kind whatsoever, whether openly or concealed, with which to defend themselves shall not be infringed, nor shall there be any sort of licensing or registeration requrement to keep or bear such weapons.

absolutely unnecessary, and just invites debate about the language.

“The right of the People to keep and bear arms shall not be limited whatsoever. Really, it means exactly what it says.”

Steve, I have never seen the point iterated as you did, and it is a powerful message. That is, that premise of the Bill of Rights is that, “There are certain rights that the People… not even the People…can abrogate to the government. There are some powers we do not have the authority to give to the government, because these are our unalienable rights, and the government does not have the power to take those from us…”
Thank you Mr. Green, if you were not there already, this statement ushers you into the Hall of Great Libertarian Philosophers!

Steve, that may have been the best statement you have made. Individuals have rights, governments have power granted to them by individuals. This needs to go to every R running for office.

Thanks! The pure evil of slavery is (I hope!) something everyone can agree on.

Unless of course you’re speaking of political slavery, which the leftists heartily agree with.

This was a great R/A discussion! Most important point: individuals have rights, governments don’t. What governments (state, federal, local, whatever) have is power. And some individual rights are inalienable, which means they can’t be taken away by any, ANY government. Rights like gun ownership, and self defense, etc.

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