Banning or eliminating guns in America

Started Dec 14, 2012 | Discussions thread
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Banning or eliminating guns in America
Dec 14, 2012

I have read many of the posts, but certainly not all, on the banning of weapons in America. Now I want to state at onset that I have no more tolerance for violence than anyone else in this forum. Perhaps even less since I was once confronted by an individual who wished to do me bodily harm with a knife. Which, I am glad to say, he did not manage to do. Although I understand the call for banning of weapons I have yet to see any poster suggest how that can be done. Now if you read this expecting a solution from me you can stop now because I do not see, under current laws and the Constitution how firearms can be banned.

Unless the Supreme Court holds the citizens of the United States do have a Constitutional right to possess firearms. If they reverse this position we are then faced whether they can make the ownership of firearms illegal. Further, if the Court should make that decision, how does one go about making all citizens turn in their weapons.

The Constitution could, of course, be amended to do away with the Second Amendment but this is a long and difficult process. The path for adopting an Amendment is as follows.

1, Both Houses most vote, and pass by a two thirds majority, the proposed Amendment. And making it even more difficult it requires a two thirds majority in both Houses. Then it goes to the States for ratification and this requires adoption by two thirds of the States.

No one can predict how long this would take, and maybe it is worth pursuing even in the face of the time required, but it would be a long and difficult process and is certainly not an immediate answer to the problem.

2. The individual States can also act to amend the Constitution. The States apply to Congress for a Constitutional Convention to amend the Constitution. Two Thirds if the States must approve of the action before such a Convention can be held.

Again, a long and laborious process.

Interestingly, the President of the United States has no official role in amending the Constitution. He can of course voice an opinion and use the bully pulpit to influence the matter but he has no official part of the process.

Should the Constitution be amended the country still faces the problem of what to do with all the firearms currently possessed by the citizens. I do think some, but not all, turn in firearms they possess. Even so a sufficient number would remain throughout our country to make shootings possible.

I would appreciate any comments or observations you might like to make on the matter.

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