Strategy for Engagement on a 21st century second amendment: Overview

Notional Draft Proposals:

A simple clarification of Madison’s poor drafting: “The right of the people to keep and bear arms in order to serve in a well regulated militia shall not be infringed.”

Or to bring the amendment more clearly in line with U.S. firearm tradition and 21st century realities:

“Recognizing the imperative that the government ensures public safety and recognizing the individual’s right to personal security in the home, citizens and legal residents of majority age who demonstrate responsible ability and judgment in handling firearms will have the right to possess duly registered small arms and hunting rifles.”

Key Point of First Notional Draft:

  • Simply makes clear the garbled text as written and passed in the Bill or Rights

Key Points of Second Notional Draft:

  • Recognizes legality of gun ownership and the right to security in one’s home

  • Recognizes primacy of public order as a state and government responsibility

  • Recognizes need for background checks and weapons training before licensing is permitted

  • Recognizes need for verification of physical and mental capability before licensing

  • Will help make the country safer, more secure and less violent

  • Acknowledges that a “well organized” militia is no longer “necessary to the security of a free State” in 2022, given that the security of the United States now depends on a strong, integrated national defense structure capable of defending beyond our borders and at home, credible and consistent leadership of allies and friendly partner countries, a vibrant economy and solid, enduring democratic institutions and traditions that are the envy of the world.

Initial topics and areas for discussion on amending the Second Amendment

  • Broad non-partisan national debate and discussion on the Second Amendment’s demonstrable human, health, social, economic and political cost to the nation

  • Launch a public civics education campaign to stress continually that the U.S. Constitution is a living document and has been amended 27 times, and remind that discussing amending the Second Amendment is fully in the spirit and within the letter of the Constitution

  • Address head on the concepts of “militia”, “necessary to the security of a Free State” and “arms” as presented in the Constitution and Bill of Rights and show that “militia” is an anachronism and a threat to Constitutional and public order in 21st century America; moreover, it has no relevance to sustaining the “security of a free State”.

  • Challenge law enforcement and political leaders to justify their positions supporting an amendment that has contributed much to the country’s climate of violence, greatly endangered public safety officers and permitted the military grade weaponry used in far too many mass casualty incidents.

  • Public spotlight on NYRPA v Bruen and the specious arguments of the 6-3 majority opinion drafted by Justice Thomas (June 2022) and on Heller v District of Columbia and the tenuous arguments of the 5-4 majority opinion (2008) drafted by Justice Scalia.

  • Other communication initiatives to be developed as necessary