An Updated and Improved Second Amendment*

It is time to stop treating the Constitution like it is the Bible or written in stone like the Ten Commandments. It needs to be updated and clarified and the best place to start is with the 2nd amendment. The way it is written now is like reading a Nostradamus prophesy.

"Sitting alone at night in secret study; it is placed on the brass tripod.
A slight flame comes out of the emptiness and makes successful that which should not be believed in vain."---Nostradamus, Century I, Quatrain 1: 1555 Lyon Bonhomme edition. Just what exactly was he babbling about? Well...it's kind of up to interpretation.

"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 Second Amendment to the United States Constitution. Just what is meant by "A well regulated militia being necessary to the security of a free state" or "the right of the people to keep and bear arms shall not be infringed" the 2nd is in conflict and like Nostradamus, Century I, Quatrain 1, it is up to the interpreter to decide just what the core meaning is.

In United States versus Cruikshank. The Supreme Court ruled that the Second Amendment only restricts the power of the national government in taking away rights and that the right to keep and bear arms exists apart from the Constitution, not because of it, stating "This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence".

In United States versus Miller. The Supreme Court decided if a firearm does not have some reasonable relationship to the preservation or efficiency of a well regulated militia. the 2nd Amendment does not guarantee the right to keep and bear said firearm.

In District of Columbia v. Heller the Supreme Court ruled, The Second Amendment guarantees an individual's right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Handgun bans and the trigger-lock requirements as applied to self-defense violate the Second Amendment.

In McDonald versus Chicago. The Supreme Court ruled, The Second Amendment right to keep and bear arms for self defense in one's home is fully applicable to the states through the Fourteenth Amendment. What the WHAT?!

Interpretation should not be in the least part involved in such a critical part of our lives. It appears to be each interpretation changes with the beliefs of the person making said interpretation.

Change the 2nd Amendment to the following:

"The citizens of the United States of America have the right keep to arms in their homes. With the exception of those prohibited by federal law and those reserved for the exclusive use of the Army, Navy, Air Force and National Guard. Federal law will determine the cases, conditions, requirements, and places in which the carrying of arms will be authorized to the inhabitants."

There should be only four ways private citizens may lawfully purchase, register, own and keep firearms in the home:

1: For hunting

2: For target practice

3: For shooting sport competition

4: For collection

Private citizens wishing to acquire a firearm and ammunition should be required by law to do the following:

Apply for a firearm acquisition permit in person by submitting the following:
 

a: Certified birth certificate.

b: Proof of income by submitting original employment letter stating position, time of employment and salary. If self-employed or retired, proof of such status.

c: Criminal FBI background check showing no convictions, for every sale of and gifting of firearms.

d: Copy of proof of address

e: Copy of government-issued photo identification

f: If firearms are requested for shooting or hunting. The purchaser must submit copy of hunting and or shooting club membership card, indicating day, month and year of the beginning and end of validation.

g: Written justification for the type of firearm the applicant wants to own.

h: Proof of firearm safety class participation and passing.

i: Citizens should only be allowed to keep a total of 10 registered firearms nine long guns, one handgun per household.

Anticipation of killing another person a.k.a. self defense as a reason for owning a gun is an antiquated thought process. To qualify for a handgun license, you must either be a licensed collector or belong to and regularly attend a target shooting club. If you live in an area without clubs? Create one. Anything in life worth possessing never comes easy and possessing a lethal tool should not come easy either.

When giving written notice as to what type of firearm you plan purchase, if you say you plan to use it to hunt squirrels, your license doesn't allow you to a high-powered rifle. If you already have firearms suitable for hunting squirrels, it becomes increasingly difficult to give a reasonable justification to own more. Sensible gun purchasing would help prevent the acquisition of private arsenals.

I am not advocating for the banning of guns. Hunting and shooting can still exist. By adopting laws that give priority to public safety, we can save tens of thousands of lives. Sure you can try to throw Chicago in my face. The facts are with greater restrictions on a persons ability to straw purchase firearms the less likely a "legally" purchased firearm will end up in the hands of those who have no right to own a firearm.

If the United States were to enact the plan I have laid out here and enforce laws that are currently on the books. Death by gun would drop drastically in this country.


*Addendum 10/03/2015: If a person wishes to purchase a fire arm for "self-defense" that person must attend and pass a Self-Defense Firearms Training class.