Retired Justice Stevens proposes this fix for the Second Amendment
Posted Apr 14, 2014 6:25 AM CDT
By Debra Cassens Weiss
Legislators rather than federal judges should be allowed to decide what kind of guns can be carried by private citizens, as well as when and how those weapons can be used, according to retired U.S. Supreme Court Justice John Paul Stevens.
Toward that end, Stevens is proposing a change to the Second Amendment to clarify that it applies only to citizens' right to keep and bear arms in state militias. He offers his suggestion in a Washington Post essay taken from his new book, Six Amendments: How and Why We Should Change the Constitution.
Stevens thinks the court misinterpreted the amendment in recent opinions finding a right to own a handgun at home for self-defense. The amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Stevens would add five words to the amendment, so that it reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
Hat tip to How Appealing.