Is it possible to outlaw firearms in America? The only legitimate way is to repeal the 2nd Amendment. You must refine the governing Constitution. But let me warn you of the difficulty.
Repealing the 2nd Amendment takes 67% of Congress to propose a new revision. Subsequently, 75% of state legislatures- or state ratifying conventions- would need to approve the new change. Thus, the Constitutional Framers made altering the future government deliberately difficult.
In this post, we examine the repeal of the 18th Amendment and the people wanting to cancel the 2nd Amendment. Keep reading below to investigate further.
The Paradox: Personal Safety vs. the 2nd Amendment
Do you want to know a funny premise?
The people who want to ban guns are the ones who could enjoy bearing arms. Self-defense is a right forgotten to them.
What diverse crowd do you see without arms:
- elderly individuals with life experience
- middle-aged women concerned about personal safety
- young adults wanting a safer, less violent world
Each group believes removing the 2nd Amendment improves America. Yet, they overlook the personal safety benefits of embracing it.
I will advocate for the most vulnerable to defend themselves with tools they want to strip me of.
Also, it’s worth noting that many anti-2A protestors view it as fraudulent. But how can a constitutional amendment be illegal?
When distrust in courts grows, questions arise:
- Are courts politically influenced?
- Are judges distracted by external factors like money?
- Where does the corruption in the system start and end?
2nd Amendment Abolitionists believe the Supreme Court misinterprets the Constitution due to activist judges. They question whether the Bill of Rights secures an individual’s right to personal safety.
Thus, firearm rights expanded over the last 50 years to levels unprecedented in modern working memory.
Some wonder if the courts treat the 2nd Amendment differently than other amendments. Or they question the NRA’s political and financial influence through the court system.
Opponents criticize gun rights expansion, citing a “shoot whoever you want” mindset.
First, we must debunk this statement.
I’ll stress this goes against the 2nd Amendment’s personal defense doctrine. Murder is still illegal whether with or without guns.
Late Supreme Court Justice John Paul Stevens stated:
“They {Congress} should demand a repeal of the Second Amendment.”
John Paul Stevens- Former Supreme Court Justice
He suggested this as a response to a shooting in a New York Times opinion article.
It’s a paradox.
People who could benefit from a self-defense tool want to ban it. These puzzles encapsulate the complexities of the 2nd Amendment.
How to Propose an Amendment to Repeal?
For those who want to carry out the scary prospect of repealing firearm rights, I will show you the path forward.
The Constitution outlines a process in Article 5 to alter the course of history. This is your method to remove guns from society.
First, you must propose an amendment. Then, after the wording is right, you send the proposal to the states for approval.
Ways to Propose a Constitutional Amendment
There are 2 primary methods to propose an amendment:
1. 2/3 Vote by Each Congress
Vote Needed: 67% of Congress
Constitutional scholars agree each house needs to have a 2/3s majority vote, requiring separate approvals from the House of Representatives and Senate.
2. 2/3 of State Legislatures Vote Yes to Call Congress to a National Convention
Vote Needed: 67%- or 34 states
Remarkably, lawmakers never used this method to propose amendments.
Some speculate that this process has a darker motivation. In theory, you could propose a specific amendment.
But others indicate you could use this procedure as a way to alter any part of the Constitution.
In other words, you could derive a new governing document nullifying the Constitution. Article 5 lacks specific rules for this amendment process.
This is the method to watch out for if the “Repeal the 2nd” becomes more than a slogan.
Ways to Ratify Amendments
Ratifying and voting for the new proposal is the final step before implementation.
1. ¾ of State Legislatures Need a Yes Vote to Ratify
Votes Needed: 75% of state legislatures- or 38 states
This is the main method to ratify amendments. Lawmakers used this 26 out of 27 times for new additions.
2. ¾ of State Ratifying Conventions Need a Yes Vote to Ratify
Votes Needed: 75%- or 38 States
As an alternative method, lawmakers employed this strategy only once. The repeal of the 18th Amendment became its victim.
State conventions have varying rules on convention procedures.
Thus, this is the Constitutional amendment process. Abolishing firearm rights requires a new amendment invalidating the 2nd Amendment.
Effects of Repeal with Prohibition- A Case Study
The Implementation of the 18th Amendment
In an evolving secular world, 20th-century prohibition events are less likely to occur today. But it could happen in another form without the religious overtones.
A devout minority grew tired of alcohol’s effects on society. They disliked the way manufacturers pushed this dreadful substance on the most vulnerable.
This movement became a crusade against alcohol and those who supported it.
Effective propaganda led to the 18th Amendment’s ratification in January 1919.
The 18th Amendment effectively barred regular citizens from obtaining alcohol.
“After one year…the manufacture, sale, or transportation of intoxicating liquors… from the United States…is hereby prohibited…”
18th Amendment
In comparison, 2A Abolitionists view firearms as a burden rather than a benefit. The NRA pushes guns on society due to its political grip.
As a result, pro-gun control groups lead a campaign to end citizen firearm ownership through repeal.
Do you see the similarities?
Effects of Prohibition
Prohibition created an underground network of speakeasies. They operated as a secret haven to consume alcohol in a public setting. It became the place where the “cool” people went during your great-great grandparents’ era.
Organized crime supplied these bars with covert alcohol. Notorious gangster- Al Capone- is the most famous. He used his access to firearms to enhance his business dealings.
Crime increased due to prohibition’s profitable nature. And this made the public question whether Congress should abolish it.
Is it really working? Should we keep it if it’s causing upticks in crime?
Nearly 14 years after the passage of prohibition, states voted to repeal it. The 21st Amendment invalidated the 18th Amendment on December 5, 1933.
Prohibition showed that repealing an amendment isn’t impossible. It’s difficult but not impossible.
You needed an incredible amount of political clout to change the world.
But what kind of opposition would you receive trying to repeal the 2nd Amendment?
2nd Amendment Related Articles:
• Is repealing the 2nd Amendment an infringement? LEARN MORE about the 3 types and levels of infringement in my article.
• Where do the political parties lie on gun control? LEARN MORE about the battle of guns between Republicans vs Democrats.
Challenges to Repealing the 2nd Amendment
Only 1 Amendment Repealed in History
The Founding Fathers disliked the idea of pure democracy when they designed our system. It invited rapid policy changes not deeply discussed and debated.
Consequentially, they made the amendment alteration process difficult for a reason.
Since our inception, different groups proposed over 11,000 amendments. Some of those suggestions would include amendments to repeal others.
And if you look at our current Constitution, we have only 27 additions. That’s a success rate of 0.245% at the best so far.
In real terms, you have a better chance of passing an amendment than winning a mega lottery ticket. Lottery odds are 1 in 300 million converting to 0.000000333% compared to 0.245%
Also, the repeal of the 18th Amendment took an overwhelming amount of effort. Plus, people wanted alcohol back.
Alcohol existed in cultures around the world as a staple. Its good outweighed the bad.
America isn’t the Rest of the World
Abolitionists cite England and Australia as having successful gun control policies.
Gun culture in America is way more active than in other Western nations. We have a healthy distrust of government benevolence. Those who believe politicians will always have your best self-interest are wrong.
History proves this thesis with what people do when they obtain power.
Furthermore, talking about gun culture. A recent Pew Research poll observed that 81% of gun owners feel safer with guns. In a world full of people’s feelings, that is an overwhelming number of individuals.
I will be the first to say this 81% wouldn’t give up their rights willy-nilly. In other words, the states they belong to would vote no to repealing the 2nd Amendment.
Their feelings go a long way to influencing their state legislators and senators.
America is the symbol of freedom around the world. Firearms help to maintain that status quo to keep tyrants at bay.
Conclusion
Can you repeal the 2nd Amendment? Sure, you can, but it isn’t easy. A huge cultural shift would need to take place.
But all it takes is one event where you don’t feel safe. Then, you would go buy a firearm for peace of mind.
Your views may change
If you’re reading this and think you’ll never buy a gun, remember the old cliché, “Never say never.” Opinions and attitudes evolve with life experience.
I never pictured myself writing a blog about liberty and constitutional issues. Life happened and I became an advocate for a major issue- disappearing liberty.
Personally, I don’t see the 2nd Amendment disappearing. Nonetheless, I address these issues because it is a topic you, my readers, want to learn about.
Opponents see guns as the problem and their solution is to abolish their legality. Repealing the 2nd Amendment would make instant criminals out of law-abiding citizens overnight.
That’s a shame!
If you resonate with the “REPEAL THE 2ND” movement, why???
J. Liberty
2nd Amendment Articles:
• Confused to the 2nd Amendment wording? LEARN MORE as I break down the 2nd Amendment wording in detail.
• Why do you care if the 2nd Amendment is repealed or not? LEARN MORE about the importance of the 2nd Amendment to you as a person.
References:
Drexler, K. (2023, October). 18th Amendment to the U.S. Constitution: Primary Documents in American History. Retrieved from Library of Congress.
For Most U.S. Gun Owners, Protection Is the Main Reason They Own a Gun. (2023, August 16). Retrieved from Pew Research Center.
Lichtman, A. J. (2019). Repeal the Second Amendment: The Case for a Safer America. New York: St. Martin’s Press. s (n.d.).
Stopping a Dangerous Article V Convention. (2023, October). Retrieved from Common Cause.
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