Citizens Dedicated To Preserving Our Constitutional Republic
Source; https://www.quora.com/
However in view of how much the Democrats seem to revile the Constitution, it may be one of their end games to destroy the Constitution and they hope that even their supporters don't know it too.
Does everyone who wants the 2nd Amendment repealed realize that the 4th Amendment has to go to enforce it?
I don’t want the Second Amendment repealed, but do want to point out that your understanding of Constitutional law is poor.
If the Second Amendment were repealed, that would not, in and of itself, make gun ownership illegal. The Constitution explicitly prohibits ex post facto laws.
If Americans were to no longer have a Constitutionally guaranteed right to bear arms, and Congress subsequently, heavily restricted the future manufacture, sale, and ownership of firearms, any firearms purchased before those laws and the Second Amendment’s hypothetical repeal would still have to be recognized as lawful.
That was the case with the Federal Assault Weapons Ban, under which previously, legally purchased weapons were explicitly grandfathered as being exempt to avoid any ex post facto messiness; and cops certainly didn’t start going around, kicking in doors at random on the off chance they’d catch someone with an illegally purchased weapon.
So unless the repeal of the Second Amendment also came with endowing Congress with the power to make ex post facto laws, then Fourth Amendment issues are pretty much moot, because a post-Second Amendment government would still have to present evidence to a court that a person was in possession of a firearm acquired after - and not before - any hypothetical ban on that firearm’s sale or possession to acquire a warrant for a lawful search and seizure, and other Fourth Amendment protections.
[Emphasis added for everyone who’s rushed to the comment section to say that I don’t understand what ex post facto means.]
Second edit: Because apparently I need to spell this out.
If the Second Amendment were to be repealed, unless Congress then made laws restricting or banning sale or possession of firearms, there would not automatically be a change in the legal status of any firearms already in people’s possession. The police would not just suddenly start kicking down doors to take guns away, because those guns would still be legal.
Therefore, the Fourth Amendment would stay in effect.
If Congress did pass subsequent legislation in keeping with the fall of the Second Amendment, then those laws would be enforceable within the boundaries of the Fourth Amendment (ie, probable cause, warrants, reasonable searches and seizures, etc.)
Therefore, the Fourth Amendment would stay in effect.
That’s the whole point of the question, people. Taking down the Second Amendment wouldn’t automatically make guns illegal, nor would the Fourth Amendment have to be repealed in order to enforce any hypothetical, future gun control laws.
FFS
I can see where there might be a hidden plan by the people who want the United States Constitution destroyed, and how they would try for a stealth cascade of laws that would in effect abrogate it's protections. Especially if there happened to be a Liberal/Progressive Supreme Court to rubber stamp any laws a Democratic Congress could legislate.
The fight for our Liberty and Freedoms will never end.
M
Tags:
First Amendment rights - yes, Second Amendment rights - yes, both protected by the 3rd, 4th the Bill of Rights.
So whenever I'm out in the town I am using my rights to protest our rights as protected by our US Constitution.
Just thought I'd post this little tidbit - took hubby with me to the store. He stayed in the car and I went to get what he wanted.
Now I always wear my Red NRA hat - message is: "GOD, GUNS, and GUTS MADE AMERICA. LETS KEEP ALL THREE." I get many responses (sometimes nasty ones, but mostly agreeable replies) over the months, but today an older couple grinned at me. The wife looked at me and stated YES! And her husband smiled and agreed. This is what gives me hope and I'll never give up my hat. (Wish I had a TRUMP hat, but this hat works for me.)
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