Adam Winkler: The Answer to Gun Violence Is Not Repealing the Second Amendment as Some Have Called For

‘What’s happened is, we’ve lost that sense of balance, believing that we need to have either gun control or gun rights but can’t have them both’

RUSH EXCERPT:
WINKLER: "Well, one thing we need to recognize first and foremost is that the Second Amendment is not what’s preventing us from having good and effective gun control laws. The Second Amendment’s been part of our Constitution and our heritage for a long time and does protect an individual’s right to have guns for personal protection.  However, the courts have always held that gun control laws short of disarmament are constitutionally permissible. And indeed the Supreme Court only read the Second Amendment to provide an individual rights authoritatively in 2008. Clearly we had this gun problem in 2007 beforehand. So the answer is not repealing the Second Amendment, as some have called for. I don’t think that’s the right way to think about it. Historically, we’ve always had the right to bear arms, but we’ve also always had gun control. What’s happened is, we’ve lost that sense of balance, believing that we need to have either gun control or gun rights but can’t have them both."

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