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San Francisco bans handguns


auxilary

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Now it's a political thread... :lol:

 

I tried really hard to phrase my question in such a way that it wouldn't be, but I guess it is inevitable.

I guess my question is (not being an American, and having only a cursory understanding of the Constitution), but isn't the "Right to Bear Arms" overriding, and would supercede any local laws?

Let's not get into whether gun control is good or bad, but I am curious as to the validity of such a local regulation.....

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I tried really hard to phrase my question in such a way that it wouldn't be' date=' but I guess it is inevitable.

I guess my question is (not being an American, and having only a cursory understanding of the Constitution), but isn't the "Right to Bear Arms" overriding, and would supercede any local laws?

Let's not get into whether gun control is good or bad, but I am curious as to the validity of such a local regulation.....[/quote']

The argument goes like this:

Left: the "militia" stated in the 2nd Amendment is not the citizens, it is the National Guard. Hence any and all laws encroaching on gun ownership are legal. Even if you don't buy into this, the 2nd Amendment doesn't say the right to own a bazooka, or an automatic weapon, or even a handgun, so limiting the type of weapon allowed is still OK. Hence the Gun Control Act of 1965.

 

Right: the 2nd Amendment gives the right to bear arms to the "militia" which is defined as any able bodied person between 18 and 45 (I think it was 45), and the purpose of the 2nd Amendment is to prevent the government from infringing upon the 1st Amendment. So to limit the types of weapons in a way like the GCA of 1965 did "weapons need to have a 'sporting purpose'" is defeating the whole purpose of gun ownership. The basic idea of gun ownership is that the citizenry can overthrow the government if it becomes too oppressive at some point. Also the right to bear arms means the right to actively carry a gun, not just to own one. So anyone can walk down the street with a rifle on their shoulder or a pistol on their hip according to the Constitution.

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