Bush Administration Comes Out Against Unrestricted Ownership Of Personal Firearms
Since “unrestricted” private ownership of guns clearly threatens the public safety, the 2nd Amendment can be interpreted to allow a variety of gun restrictions, according to the Bush administration.
The argument was delivered by U.S. Solicitor General Paul D. Clement in a brief filed with the U.S. Supreme Court in the ongoing arguments over the legality of a District of Columbia ban on handguns in homes, according to a report from the Los Angeles Times.
Clement suggested that gun rights are limited and subject to “reasonable regulation” and said all federal limits on guns should be upheld.
“Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the 2nd Amendment,” he wrote in the brief, the Times reported.
He noted especially the federal ban on machine guns and those many other “particularly dangerous types of firearms,” and endorsed restrictions on gun ownership by felons, those subject to restraining orders, drug users and “mental defectives.”
Now, I’ll agree that denying gun ownership to convicted felons is allowable under the Constitution. The 5th amendment allows for citizens to be denied “life, liberty and property” with due process of law. If you’re convicted of a crime that’s due process, and one of the liberties that can be taken away is the freedom to own guns.
But to say that the 2nd amendment allows for restrictions on private gun ownership for citizens who have never been convicted of a crime is just plain nonsense. The 2nd amendment says no such thing:
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.
Archaic capitalization and punctuation aside, this is the pertinent text: “The right of the people to keep and bear arms shall not be infringed.”
If the powers that be want the 2nd amendment to say “The right of the people to keep and bear the following list of allowable firearms shall not be infringed,” and then include a list of the sort of guns they deem safe, they’re going to have to go through the amendment process. Because we should live by what the Constitution actually says, not what lawyers and judges think it says.













