02-10-2018, 06:14 PM
(02-10-2018, 01:10 AM)pbrower2a Wrote: The militia clause could preclude people from having firearms if those people are unsuited due to moral turpitude, disloyalty, idiocy, or insanity. Thus "but not criminals", "but not the insane", "but not addicts", and "but not people with intellectual impairment" would be reasonable and minimal qualifications to any right to bear arms.
You have to have due process. Being a felon involves due process. Being insane could involve a due process, if defined carefully, if doctors with a well defined expertise were involved, and if a judge was involved. Severe addicts might also be felons in many cases. If you want to strip a right from an addict who is not a felon, good luck creating a well defined due process.
"People with intellectual impairment" could not be those with a non blue world view or values. Good luck defining due process for that one. Among other problems, you could not include anything related to party affiliation.
I can believe in a rewritten second which might include some of the ideas above, but agree with Eric that changes will not be made while values are so split. More could be done with closing loopholes. You'd have to work with the Constitution as written and amended, and the Founding Fathers were rather blatant in writing their beliefs into the law.
That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.