Even then, why would that matter in light of the way the words, "shall not be infringed" are treated in this country?
I'm guessing that they're treated to your liking though. Am I wrong about that?
Blues
Well, I would like to make a comment that some people will probably shoot down, but look it up. That is:
“The constitution does not apply to actions between ‘nonstate actors.’ The Constitution only restricts actions between the government and the people. In the absence of a statute restricting what people do with each other, they can engage in any non prohibited action.
Prohibited actions are set forth in criminal laws, and regulations promulgated by agencies under statutory authority.
For instance private individuals, in the absence of statutes, would be free to steal, kill, burn and pillage. They also could discriminate, pollute, and rob banks. Non of those actions are prohibited by the Constitution, but by laws and regulations.
Although the Constitution prohibits double jeopardy, that provision applies only to the federal government. So, for instance, if somebody robs a bank, they can be convicted in federal court, then then can be convicted in state court, and the constitution would not prohibited them being sentenced to two consecutive jail terms, one in federal prison and another in the state pen.
The Second Amendment is another issue. When the Constitution was enacted, there was no federal army. The country was largely defended by its people, thus the language “In order to maintain a well regulated militia ...”. The country is no longer defended by militias, so the leaves a question mark for anti gunners to exploit.
Reading the Constitution and the Amendments literally without looking at historical and legislative history can lead to bad results.
For instance, the constitution guarantees a right to a jury trial in controversies exceeding $20, but that requirement has been ignored. In federal court, you have to have $75,000 or more at stake. And the courts have said that if somebody is dumb enough to do business with a corporation, and not understand the meaning of an arbitration clause, you have no right to a jury trial at all.
The country is in serious need of a Constitutional rewrite, but that will never happen. The people we have running things today couldn’t even agree on whether to sit at a round or square table to discuss it.
But Dicks, and now Walmart are free to do whatever they want to do about guns. They don’t have to sell them at all.
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