Upholding the Entire Second Amendment

Another day, another mass shooting. They are occurring at a pace of nearly one a day in the US. I can’t imagine anyone who likes America would claim that these almost daily mass shootings are a good thing. And yet they continue.

But the right to bear arms is enshrined in the second amendment of the constitution. The second amendment has two parts, but most often only the second half is quoted:

“The right of the people to keep and bear arms shall not be infringed”.

Sounds simple enough. The people can bear arms, the second amendment tells us, and that basic right cannot be infringed.

Indeed, if you’re going to put the second amendment on a t-shirt or bumper sticker, quote that second half. Or shorten it even further:

The Right To Bear Arms

But don’t lose sight of the full text of the second amendment, which actually reads:

“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.”

Why is that first half so often ignored? The second amendment isn’t just about the right to bear arms, but also that the states, not the federal government but very specifically the states, need well regulated militias in order to remain free. The states, the constitutional amendment tells us, need to be kept free.

So the full intent of the second amendment is, in fact, that your right to bear arms can’t be infringed because we need well regulated militia. Because, again, we NEED “well regulated militia”. The militia aren’t just a good idea. The militia aren’t just useful. They are, the second amendment says, “necessary”.

So we as a nation have two choices – either abridge the second amendment, or start upholding it in its full intent. Given the power of the gun lobby, it is highly unlikely that America will ever amend the constitution to abridge second amendment rights. After all, if daily mass shootings aren’t enough to bring action, what ever could be strong enough incentive?

And so I have a proposal that will allow every American who wants to lawfully possess a gun to have one. And at the same time, this proposal will seriously curb gun violence in America. The proposal is both radical and at the same time not in the slightest bit progressive. And that proposal is this:

Every American who is a member of a well regulated militia shall have the right to keep and bear arms. In fact, my proposal is not that every citizen “shall” have the right, but that every citizen already does.

You see, my proposal isn’t a reworking of the second amendment. Instead, my proposal is, in fact, the ACTUAL second amendment, which is, again:

“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.”

So if you want a gun, join a militia.

And those militia, must be, as the constitution states, “well regulated”. They can not be, for example, just a group of friends who spit on their hands and shake. There must be governing rules laid out. All militia members need to be trained and certified.

As a member of that well regulated militia your gun related activity falls under the umbrella of the militia to which you belong, exactly as on-the-job employee actions must be covered by the company the employees work for. If a militia member commits a gun crime, then not only the gun owner, but also that state militia, is held liable for the consequences, legally, morally, and financially.

If one of your militia members starts acting erratically or talking about voices in the ceiling, you as a militia need to take swift and decisive action. If you don’t, you will face serious consequences. Let’s let the free market solve the problem of the mentally disturbed owning guns.

Upholding the full intent of the second amendment affects all aspects of the rights of Americans to bear arms. Gun shops, for example, can continue to operate, but the potential gun buyer must prove that they are a member of a well regulated militia. If a gun shop sells a gun to a person who isn’t a militia member the gun shop is fully responsible for any and all actions related to that gun. In perpetuity.

So I call upon all Americans, liberal and conservative, pro gun and anti gun, to rally together behind the FULL second amendment today. To any of you who object – to any of you who want to take guns out of the hands of citizens, or to any of you who want to own a gun without joining a well regulated militia, I ask you what other provisions of the Constitution you plan to cast aside? Freedom of speech? Trial by jury?

Please, let’s stop the mass shootings. Please, let’s all uphold the constitution. Today.