Comment by BeetleB
16 hours ago
Whatever one may think of gun control, it's clear the 2nd Amendment is on a much poorer footing.
In a number of states, you need to take a safety course before you're allowed to purchase a gun.
Compare that with the 1st amendment. If they passed laws saying "You can say whatever you want in public, but only after you've taken this course that informs you on what is acceptable and unacceptable to say in public", would you say there is free speech?
Or "You are free to practice any religion, but only after you've taken a course that ..."?
United States v. Cruikshank, 1875
> The First Amendment to the Constitution, prohibiting Congress from abridging the right to assemble and petition, was not intended to limit the action of the State governments in respect to their own citizens, but to operate upon the National Government alone.
Before the 14th Amendment, your hypothetical was quite possible at a state level.
"A well regulated Militia"
The colonies were expected to defend themselves. In reality that meant every man possessed and drilled with arms whether the were part of a formal militia or not. If there was an attack people would be "called up" to the militia. There is no requirement of belonging to a formal militia in the 2nd amendment. While times have changed, it was expectated that you were proficient with arms in the case that a formal militia was required to be formed.
It's almost like you can easily kill a vast number of people with guns but not words. Curious...
There are plenty of good reasons to ban guns altogether.
But let's not say the 1st and 2nd amendments in the same breath. One is real, and the other is much less so.