PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
Why Second Amendment should not be repealed: John F. Brinson and Jack Iannantuono :: 03/31/2018
All creatures on earth have a natural right to self-defense, and defense of their offspring. And all creatures on earth exercise that natural right, from the lowest little creatures to the highest and mightiest. This natural right was not created by law. It was and is a natural right, inherent in the existence of every being on earth, including humans.
Now in our case, if our enemies are likely to be dangerous, whether armed or not, we have a natural right to defend ourselves, and our families and neighbors, against them. And human logic says that we should defend with force equal to or better than our enemy's. Thus, if a dangerous enemy is armed, we have a natural right to equal or better arms. This natural right was affirmed by the brilliant authors of our glorious Constitution, and its Bill of Rights (the first 10 amendments) ratified in 1791.
Here is the Second Amendment to our Constitution: "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 opening clause of the Second Amendment stated a goal of the amendment — to assure that the people would possess their own personal military weapons. But if the purpose of the Second Amendment had been only to arm the militia, then the amendment would have been totally unnecessary, because under Article I Section 8 of the Constitution, Congress has the power — and the duty — "To provide for organizing, arming, and disciplining the militia."
To end the militia argument, the Supreme Court ruled in District of Columbia v. Heller (2008) that the right to possess and carry firearms is an individual right.
Now let's turn to the current efforts by liberals to infringe upon our right to keep and bear arms. In essence, efforts focus on banning the types of firearms that liberals don't want us to have. The anti-gun people want to ban any gun that could possibly have any military use, and that includes almost all firearms. Failing that, they try to ban the ownership of semi-automatics, calling them "assault weapons."
Assault weapons are fully automatic. They continue to fire as long as the trigger is pulled. Semi-automatics fire only one round when the trigger is pulled — that is one round at a time. Almost all pistols and rifles are semi-automatic and some shotguns are as well. It is absurd to call semi-automatics assault weapons. They are simply common, everyday firearms.
The people must fight infringements in court, and the key to defeating them is to focus on the clear meaning of the term "arms." In 1776 and now, arms meant and still means weapons carried by individuals. The word "arms" meant personal weapons with a military use. With such weapons the people can defend themselves against all enemies, foreign and domestic. That was the purpose of the Second Amendment.
The Second Amendment does not create the right to self-defense, it affirms the natural right, and does so in clear language. We do not need to prove to the government that we need such weapons. The Second Amendment does not say that we are permitted with government approval to possess and carry firearms approved by legislators or bureaucrats or the courts.
Now, in a New York Times op-ed earlier this week, retired Supreme Court Justice John Paul Stevens has called for repeal of the Second Amendment. His argument is that because of the passage of time, there is no need for the people to be armed for a militia. He disagreed with the 2008 Heller verdict — he was still on the court — but he was outvoted in that landmark case.
In his opinion, government should decide who should be allowed to possess arms. He is sadly mistaken. Today, there is an even greater need for self-defense, with armed criminals and terrorists causing havoc on a daily basis.
The blame for almost all the gun violence in America is the failure of local and state governments — and the FBI — to report criminals and the mentally ill to the National Instant Criminal Background Check System. Those multiple failures allowed Nikolas Cruz to obtain the rifle police say he used to kill all those kids. From what we understand, Cruz should have been in a mental hospital.
The National Rifle Association is being blamed for gun violence. How absurd. The NRA steadfastly defends the Second Amendment, but supports keeping guns out of the hands of criminals and the mentally ill. The NRA does not buy politicians; it is not even in the top 50 special-interest groups, according to OpenSecrets.org.
John F. Brinson and Jack Iannantuono are co-chairmen of the Eastern Pennsylvania Firearms Coalition.
