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Are Gun Control Laws Legal In The United States?

Updated on May 15, 2012

The Constitution of the United States - 2nd Amendment

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

The language is emphatic, crystal clear, and concise. No interpretation is needed. The people of the United States have the right to keep and carry a weapon(s). The use of the word "bear" means "to hold or support while moving". This is the law and has never been changed or amended.

The Constitution of the United States - Article 1 Section 8

Regarding the "Militia" clause of the 2nd Amendment:

"The Congress shall have power... To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."

We have to ask ourselves what is a Militia? The answer is simple. "Civilians trained as solders who are not part of the Armed Forces".

This is an extremely important law.

  • The Congress must provide, organize, discipline, and arm the Militia. The use of the terms "shall have the power" is emphatic meaning "demand" or "assertion". It is not an option.
  • Each State will have its own Militia, appoint officers, and perform training under the direction of Congress.
  • Part of the Militia may be employed and paid by the Federal Government. That part of the Militia employed by the Federal Government may be governed by the Congress.
  • The Congress (nor the States) can not govern the Civilian membership of the Militia.

It's The Law

The people of the United States are empowered by law to own and carry arms if they wish. This is not a privilege - it is a right. Furthermore, as part of the Militia, you would receive arms and training as a solder would. In other words, you would get a free gun.

For the record, the Militia in the United States is now the National Guard. However the National Guard is an extension of the Armed Forces and is under military command. Therefore it is not a Militia - technically or otherwise.

The United States currently has no Militia. It was abandoned long ago.

The Militia is a "We The People" army further empowering the people. Our Founding Fathers purposely provided a Militia as a security force and a common defense against out of control government, military coup, and domestic or foreign attacks.

History Proves The Law Right.

The Wild West was not so wild. In fact it was pretty boring and dull compared to the Hollywood silver screen and dime store novelists who invented history. The West had hard working people leading hard lives looking for a break or a new life while providing for their families.

In the beginning, government had very little control in the west. Guns were common in the old west as they were in colonial times. It was a basic assumption that everyone had a gun whether they did or not. Most people carried their guns only when they needed to. Some towns required the surrender of weapons when entering. Those who would be criminals were disarmed along with law abiding citizens. This may have been illegal but it was fair. Today criminals have easy access to the guns they want.

An armed citizenry kept serious crime in check. Murders and gun related accidents were far and few in between. Sheriffs spent their time chasing down misdemeanors, drunkenness, vice, and feuds between cattle ranchers and sheep herders. Criminals did not live in the cities and towns for fear of being shot in the back. They lived on the outskirts of towns in the mountains. The stories of Billy the Kid and other killers were greatly exaggerated. Only three people died in the famous Gunfight at the OK Corral. This is menial when compared to the mass murders of today - Columbine, Virginia Tech... need I say more?

All across America you will find small communities with high gun ownership. These are peaceful places with seriously low crimes rates. Criminals avoid these areas because they know the residents will not be victimized.

What About Gun Laws?

The Constitution is emphatic and direct about the peoples right to own guns. The only way to change the law is to have a Constitutional Convention. As it stands, current gun laws (at all levels of government) are in direct opposition to the Constitution.

By law, government is not empowered to prevent anyone from owning and carrying a weapon, require licensing, or tracking those who own weapons.

Gun laws only punish and deter law abiding citizens who obey the laws. Criminals could care less since they will not honor any laws. Gun laws create a black market where criminals easily get all the guns they want.

The Courts

The Supreme Court should not be wasting taxpayer money interpreting clear and concise written English. This is idiotic lunacy. Arguments over whether gun ownership are an individual right or collective right are nonsense. The truth is that the Constitution is the law and is written in plain English.

The Supreme Court (nor any other court) is not empowered to set or sway policy. They are empowered to hear criminal and civil cases and pass judgment without bias according to the script of the law.


It is all too evident in our current society that the issue of gun control has been convoluted into a political war of egotistical power, control, and self gain. The law has been ignored at all levels of government. Politicians and Judges have broken their oath to uphold and defend the Constitution of the United States of America.

Pro gun groups have asserted their rights to bear arms. According to our current and unchanged law, they are justified. Unfortunately, they will have to continue their efforts despite the fact that they are well within the law.

Pro gun control groups have been barking up the wrong tree for years. Many are angry because nothing has been accomplished. Clamoring for knotty laws and clouding the Constitution at every level of government. The reality here is that there is no instant satisfaction. The only law abiding method is a Constitutional Convention to change or modify the law.

The bottom line is that our current system gives criminals easier access to weaponry than law abiding citizens do. This creates an enhanced playing field for those who would murder, rob, and organize crime.

The Last Word

It is a terrible state of affairs. Should you try to exercise your right to own and carry a gun, you will be prosecuted as a criminal. Yet politicians are not held responsible for distorting the law.

Ultimately this our ("We The People") fault. We have not kept on top of our government. Special interest is way ahead of us. We have not exercised our Constitutional Rights holding government responsible to us. We have ignored our own personal responsibility.

The reality is that people will be people. Some will be good, some will be bad. History proves this over and over as does current society. This is simple to recognize and understand. Fortunately, there are more good people.

I am willing to bet the house that if the good people on those planes of 9/11 were armed, that tragedy would never have occurred. Why? Because the playing field would have been level. The good guys would have out numbered the bad guys.

However gun control plays out we must do it legally and make sure the good guys have the advantage. We owe to ourselves, our communities, and our country. Right now - it's just not working.


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    • profile image


      6 years ago

      I guess it's that "well regulated militia" part that we tend to gloss over, huh? We want the guns, but not the responsibility of reporting to the state for military training, or being under the direction of the Commander and Chief. Guns? Gimme gimme. Regulate guns? No way. And what's this nonsense where our forefathers didn't want a standing military, and wanted to rely solely on the militia provided by the second amendment? Screw that. If they wanted it so bad, they'd have made another amendment rather than countless papers detailing what exactly they meant by "well-regulated" and "no standing army."

    • Tackle This profile image

      Tackle This 

      9 years ago

      If I were president, I would offer every law-abiding citizen a gun with a laser sight. How would that be racist?

      Just after the news broke that a mass slaying had taken place at Fort Hood, I SOOOOOOO wanted it to be a white man that had been deployed, redeployed and then deployed again to the Middle East. Someone that was simply burnt out.

      Today, I learned that we've been hijacked once again from within.

      I am sure that "the left" is not able to do the math when it comes to how many people were truly affected by the disgusting loss of 12 individuals. The "left" is never able to bring meaningful statistics to any argument.

      Let's see if they can tackle this: I am a Christian and proud to be an "Evil right-wing extremist." After all, we are responsible for most of the violent crime in the United States. I am facetious and the "left" is certainly NOT the brightest "bulb" on the human tree.

    • Place Kick profile image

      Place Kick 

      9 years ago from North Carolina

      Someone should tell Barack Obama and his people in the White House that we expect to go by the constitution and not by what he and his Czars decide! You're correct joer4x4

    • profile image


      9 years ago

      I honestly think that guns wouldn't have prevented 9/11 because the terrorist could have gotten either bigger guns or just blown up a bunch of planes over the US. I think that guns are essentially neutral and that what really freed the US was the determination of those who fought not the firearm itsel since we must remember that the colonies had guns and were still colonies for well over 100 years. A criminal uses fear and in the modern sense Guns=fear. Another gun will not stop a criminal if he has no fear if that were true there would have been no gunfights in the wild west there would be peace all over the world since every nation has guns. Yet there is still war. Criminals are afraid of people not fearing them just like any other human being. As I recall in reading the book "The battle of Bloody Ridge" what marines on Guadalcanal feared the most was the fanaticism of the Japanese. The problem as I see it is that were a society of fear and these fears dictate our lives

    • profile image


      9 years ago

      Joe thank you for your service to our country and most of all my home state. Now this article is correct in every way. It is our legal right under the U.S. Constitution to be able to own and carry guns. I think it is funny how citizens are brainwashed to believe that guns are bad and if you own a gun your a murder. Guns don't kill people criminals and carelessness kills people. We as a country are losing are roots and culture to liberal sissies who are scared to even hold a gun.

      THE ONLY REASON THE UNITED STATES IS A FREE COUNTRY IS BECAUSE OF GUNS. WHY DO YOU THINK FOUGHT FOR YOUR FREEDOM AND COUNTRY? It was farmers and regular citizens who owned guns and fought against a suppressing government. Most people think it is a joke but this country was made possible by our 2nd Amendment right! How can a true AMERICAN deny that right?! It makes me angry to see how we are being brainwashed. The FOUNDING FATHERS were wise and know that we are AMERICANS BECAUSE OF GUNS and they would be outraged if they could see what is happening in our society. It surprises me how much of a ignorant and lazy of a country we are becoming. Now I ask you this; When we have a real national emergency who do you think is responsible to protect us? OURSELVES, we are responsible for ours and our families safety. I can tell you that law enforcement surely won't be there to protect you. They can't be everywhere all at once, plus they stay together and are more worried about protecting themselves. In the Los Angeles riots where was law enforcement? They couldn't be found! And you know what the safest communities were, they were ones where the vietnamese store owners got on their roofs WITH GUNS and defended their establishment. And you know what happened the blacks did not even think about stealing or destroying their goods that they worked for. And those were the communities that were safe were the ones with guns. And this is all the truth and Joe you know I am 100% correct.

      Joe yes you are right that you do need to be trained to own and possess a gun. Most people don't know or have never shot guns. I think this should be a requirement to be able to graduate high school and we should educate our kids and adults about guns and stress gun safety. I hope I showed you the truth and you gain something from this.

      Thank you.

    • joer4x4 profile imageAUTHOR


      10 years ago from Philadelphia, PA

      It's all built into the Constitution but we're not paying attention.

      If you and the other good guys had guns, then there would be no robberies. Most criminals want to rob - not get shot.

      Illegal gun laws prevent you from gun ownership and being the best possible (and only) deterrent. The police can only do detective work after the fact in most cases.

      The "Militia" part takes care of the training. In fact, if we had a Militia, there would be little crime as they would be on the streets in every neighborhood because they would be people just like you and me.

      Criminals will always get guns because they don't obey the law and no law will stop them. Only another gun will.

      An ex-cop eh? Thank you for putting your life at risk for a measly salary to protect the public. It's a job that never had to be and made worse by our foolish politicians.

    • stevenschenck profile image


      10 years ago from Sacramento California


      Great hub, but I have conflicting issues with this topic, as an ex-cop I believe that guns in trained hands are valuable tools to accomplish goals that save lives. Most of the gun owners I know never train, could not hit the broad side of a barn, do not secure their guns properly with kids in the home, and in a crunch would shoot the wrong person.

      The right of gun ownership should have corresponding training requirements and limits of type of firearm allowed. A full auto uzi is not a good home defense weapon and sucks when deer hunting.

      Last is the issue we now have in North Sacramento, a high crime rate, 15 home invasions and 14 armed street robberies in a small area in two months. The problem is we have no cops that will respond to our nice neighborhood where pro sports players live. If we could have some training and concealed weapons permits we would all be safer.


    • Jack Burton profile image

      Jack Burton 

      10 years ago from The Midwest

      I have a hub with dozens of links to answers for those who are in favor of gun control. I invite anyone interested in the issue to browse there and perhaps you'll find something you can use.

    • AEvans profile image


      10 years ago from SomeWhere Out There


      I do have to agree with you as carrying a weapon is a privilege and not a right however so many as we know unfortunately abuse the system.


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