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echo: rtkba
to: GREG KURTH
from: ALEX VASAUSKAS
date: 1998-02-14 08:43:00
subject: 2D AMENDMENT FRAUD?

Greg Kurth wrote in a message to Alex Vasauskas:
 > But this would mean that gun ownership would be at the whim of 
 > politics
 > and mass hysteria -- at least until the Supreme Court reversed 
 GK>        So, exactly what would change?
If we had new direction from the Supreme Court regarding the
significance of the 2nd Amendment that affirms the right to
keep and bear arms, then the case it decided (in this instance
the assault-weapons-ban) would be the last word on the issue,
and there would hopefully also be less impetus to pass
similar gun bans as a waste of time.
If the Supreme Court decided against us on the 2nd amendment,
then we would the situation you quoted above and things would
stay the same.  If we avoid zealously challenging gun bans and
restrictions on 2nd Amendment grounds, we concede the 2nd
Amendment (at least as I read it) to the gun banners.  If we
concede the 2nd amendment to the gun banners, then we also
have the situation you quoted above, which is the situation
as it exists now in this country.
The only way to affirm gun ownership RIGHTS is to have them
decided in court and by the U.S. Supreme Court based upon the
2nd Amendment.  The only alternative is not to have RIGHTS but
only gun ownership PRIVILEGES to be determined in the political
arena.
My point is that we have nothing to lose and everything to
gain by zealously raising the 2nd Amendment in court against
gun bans and gun control.  The way things are now is the same
as the way things would be if the 2nd Amendment didn't exist --
gun ownership according to legislative power, not Constitutional
right.  The worst that could happen is that things could stay the
same as they are now.  If we don't raise the 2nd Amendment,
as time passes it will be easier and easier for the courts to
dismiss it as being an unused relic from the past.  So, if you
want nothing to change, just pretend that the 2nd Amendment
doesn't exist -- especially when you have an opportunity to
raise it for your benefit in appropriate cases in court.
--- 
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