Open to Interpretation

Could the Second Amendment Go Farther Right?

I read a social media comment warning that Admin 47, having trampled on the 4th amendment and threatened the 14th amendment will “go after the 2nd Amendment” as well. I think the warning is valid; but not by immediately revoking legal rights to own and/or carry weapons. That, singularly, happened recently: federal agents removed a legally-carried handgun from its owner -who’d been grabbed, held to the ground, and searched, before shooting him several times. The man agents killed was a registered nurse employed by a VA hospital; he’d moved to assist a woman the agents manhandled.

When I was young, standardized testing, filling in bubbles, scoring by templates -Iowa Test of Basic Skills (grades 1-8) and the PSAT (years later)- were infrequent events. Old school teachers exams used True/False, Multiple Choice, and Essay Questions to determine our levels of understanding.

When I thought of the Second Amendment, I time traveled and responded to an American History test question. What was the historic context for that amendment? Short answer: a conflict which began without a comprehensive, administratively organized, (national) armed force. Over time, I understand it’s morphed into individual right to own and use weapons. In the last three days, in one event, that focus changed. Like Mr. Reaper in Death Takes a Pay Cut, I’m processing events within the immediacy of chaos.

I turned from considering that individual gun ownership would be denied to a different scenario. Based on the use of federalized forces to control civil protest, I pivoted into an alternative universe~ This administration will use its forces to refocus on the amendment’s provision to establish “a well-ordered militia.” How could recognizing and establishing militia initiate armed conflicts between citizens -with or without aligning with Federal agents? What might occur if responsible gun owners were required to join a local paramilitary organization to retain their licenses to own or carry?

That’s ironically Originalist. It opens a fantastical, unexplored region that changes hard-fought, expensive concessions that sanction gun ownership since the end of World War II. It could actually be implemented easily, even in places where gun ownership includes licensing fees and training requirements.

Maryland (my home state) has requirements for training before purchasing a handgun. Concealed carry training is an additional requirement and attendant fee. Assault weapons (and modified copycat weapons) have restrictions. The Fourth Circuit Court of Appeals and the Supreme Court have upheld Maryland’s ban on automatic weapons with courts ruling that those weapons are not protected by the Second Amendment. Rifle ownership (the preferred weapon of armed forces) is not included in those requirements. Maryland does not regulate the sales of rifles or shotguns, there is no permit required to purchase either.

The second amendment, Article I, Section 8, Clause 15: [The Congress shall have Power . . . ] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . .”

Using this language, Admin47 simply overrides the Congress’ function, as they’ve done several times in the last few months. P47 would delegate authority to an agency via Executive Order to openly declare it is recognizing organized militia for the express purpose of suppressing insurrections (and incursions from any foreign nation whose refugees were originally given legal asylum).

I may be invoking horrors, but “what’s the worst that could happen?” keeps expanding my resolve to respond/resist to Admin 47 in whatever ways I can. I do that mostly writing about what I value, what I observe, and where my imagination sees opportunities for addressing mayhem individually and collectively with courage, even as conditions shift phantasmagorically.

Substack-Generated Image~ChildFlowerInRifleBarrel

I’m always left with questions~ What could change if we cherished every life as a precious, irreplaceable gift to our community? How could we rise to protect and defend those defend the innocent or endangered? When should the Good Will of citizens have strength to dissolve abusive powers? When will we ever learn?