Billionaire Mark Cuban said in a recent interview with Yahoo Finance that he would “update” the Second Amendment in three distinctive ways.
“One, every American citizen has the right to own a gun,” the Dallas Mavericks owner told interviewer Andy Serwer. “Two, the federal government will never be allowed to ever confiscate that gun from an individual.”
Finally, Cuban’s third edit is to allow states to regulate firearms as they see fit, provided they do not violate his first two edicts, presumably.
“If you live in a state like Texas, if the law in Texas is open carry, so be it,” he explains. “If you live in Pennsylvania where they are more stringent and they don’t want you to be able to have a gun other than in your own premises or under lock and key or you have to do a background check, then that’s up to them to decide.”
Someone should inform Cuban that that’s essentially what the 2A along with the 10A already say. We have an individual right to keep and bear arms that shall not be infringed; meanwhile, powers not delegated to the federal government via the Constitution belong to the people and the states.
Put quite simply, neither the states nor the fed can confiscate arms without due process. States also have the regulatory authority to place limits on the ways in which one can exercise a right. Texas allows open carry, to use his example. New York bans its practice unless one is hunting or on a shooting range, as much as it pains me as a New Yorker.
Yes, some state place too much red tape on the 2A and need to be checked by the high court from time to time. But generally speaking, our Constitutional framework isn’t broken. It doesn’t need to be overhauled nor updated. The only reason why there is contention on the issue of bearing arms, specifically, is roughly half the country either can’t read or, more likely, fundamentally rejects the greatest discovery the West ever made: the sovereignty of the individual.
The battle over gun rights in this country is a battle over individual rights. Nannystaters, collectivists, Neo-liberal-post-modern types, political elites, wealthy Leftists, global bankers, just to name a few, are hellbent on destroying the rights and freedoms of the individual. In their perverted view of the world, they want us to be subjects, not citizens; a public that is powerless to stop the rollout of their “utopian” (tyrannical) agenda.
The operative clause of the 2A, “The right of the people to keep and bear Arms, shall not be infringed,” is the biggest obstacle standing in their way. It’s why they try to convince you and I and Mark Cuban and anyone else who will listen that it means something else other than what it plainly states. They know, as well as we do, that it’s the Second that secures the rest. Repeal it, or short of that transform it into a severely limited right contingent on militia service, one of the favored strategies by gun prohibitionists, and our free society will fall.
So, while one can appreciate Cuban’s desire to keep the government’s hands off our guns, he needs to recognize that we meddle with the Constitution at our own peril. Our founders and framers knew what they were doing. It’s why our American way of life, despite the constant onslaught from anti-Constitution agitators, is still intact after all these years.