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home : opinions : opinions May 22, 2015

3/20/2013 9:57:00 PM
Letter: Constitution makes gun debate moot


Regardless of where people may stand on the divisive issue of gun control, the matter is currently cast in stone in the U.S. Constitution. There have been 29 amendments to the Constitution, including the Second Amendment itself. That Second Amendment makes plain that "shall not be infringed" is the current policy of this nation. Those who wish more strict gun control are free to pursue the path of once again amending our Constitution, but unless or until the Constitution is so amended, any congressional effort to restrict gun ownership, require gun registration, or limit types of firearms will clearly be in violation of that Second Amendment provision, and thus subject to being overturned.

Our Constitution can be amended but it may not be simply ignored - not by average citizens like you and me, nor by our elected leaders or our judiciary.

Dan Lawler

Chino Valley

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Reader Comments

Posted: Saturday, March 30, 2013
Article comment by: Jean Burdo

What part of the CONSTITUTION doesn't the LIBERAL LEFT understand? when a LIBERAL LEFT-wingnut doesn't like something, they try and CHANGE it, or remove it from the rest of the population. We see how well that BS, Hope & CHANGE is working, don't we? HELLO, LEFT-wing nuts, it doesn't work like that, I think they call it "CHOICE". This is the USA, NOT Russia! Any person, govt, agency, or entity, that OPPOSES the CONSTITUTION, should be removed promptly from office, end of story! that includes o-Zero sitting in the WH, posing as the POTUS! LIBERALS are STUPID, and nothing good has ever come out of the LIBERAL party!

Posted: Tuesday, March 26, 2013
Article comment by: Si!Si! me Puede ~ Guns save lives...liberals? Not so much.

Here is another FACT the TEA Party types know, but FLEA Bagger types don't know or want us to know either.

Although there has been about 580 people kiIIed by mass shooters in America in the past 30 years, and that is a lot, but at the same in the last 30 years there has been over 350,000 people kiIIed by ILLEGAL guns in the hands of criminals, during this same period.

Additionally, all available statistics show that over 20 Million incidents of a gun being used to prevent or stop a crime, along with over 500,000 incidents of direct self defense, via the intended victim having a gun, occurred.

Gosh, I wonder why this is not reported on MSNBC or CNN? Could it be because that over 80% of the CRIMINAL THUGS kiIIing all these people are minorities, illegal immigrants, and liberals on the public dole (i.e. Obama voters and Occupy Movement Members & Supporters). Nah!

Posted: Tuesday, March 26, 2013
Article comment by: What you left out

@Ron in PV

Arizona Constitution
Article ll
26. Bearing arms
Section 26. The right of the individual citizen to bear arms in defense of himself or the
state shall not be impaired, but nothing in this section shall be construed as authorizing
individuals or corporations to organize, maintain, or employ an armed body of men.

Posted: Monday, March 25, 2013
Article comment by: J K

@Ron in P.V. How do you well regulate an unorganized militia?

Posted: Saturday, March 23, 2013
Article comment by: Hocus Pocus

Time to drop the gun issues and move on, folks. Seems our laws never focus on the street gangs that carry illegal drugs and weapons. Let them clean up the citites and small towns with them first before stepping on the citizens.

Posted: Friday, March 22, 2013
Article comment by: IT'S ASTOUNDING

It's astounding to me to see Justices of the U.S. Supreme Court, the only Constitutional scholars whose opinions matter, using aliases to leave their messages here in the very capital of Constitutional Scholardom, to wit rural Arizona.

Posted: Friday, March 22, 2013
Article comment by: Ron in PV

To those of you fixated on the militia clause of the seond amendment:

Do you actually know that the militia is actually all abled body men? Not the nationoal guard, not the army. WE are the militia. WE have the God-given Right to have arms (not artillery, not ordinance, but small arms--rifles and pistols of a type usable by soldiers).

Want proof? United States Code 10USC311:

(a) "The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia areó
(1) the organized militia, which consists of the National Guard and the Naval Militia and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


Arizona Law, ARS26-122:

A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia.
E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized.

Posted: Friday, March 22, 2013
Article comment by: justa thought

@ More Ignorance
Full auto guns and silencers were legal until the 1930's when a lot of crimes were committed with these weapons (think Bonnie and Clyde, Machine Gun Kelly, and the like). Laws were enacted to stop the mayhem and guess what, they worked.
Today is much the same and in 60 or 70 years most civilians wont mind that AR-15's and there kindred are not in common use.

Posted: Friday, March 22, 2013
Article comment by: Phil Whitehead

I am going to force myself to ignore the blather from the "Real American Disabled Vet...so on and so on, and Hooty", as they are just blowing off at the mouth, as usual. However, to Mr. Bob Grant- Your comment regarding the 14th Amendment makes me curious. Are you asserting that you are being DENIED equal protection under the law by those of us who, as you so eloquently put it, "Worship Guns", or are you worried that the elimination of them may amount to the violation of said Amendment for the rest of us? Silly question, I know, as you are one who easily blames an inanimate object for the ills of society. By the way, I worship God, not my firearms, but since you are in the mood to be a smart a$$, then remember this...the 14th Amendment protects ALL OF US. Not just you. That's why it says EQUAL protection under the law. Read it before you misquote it.

Posted: Friday, March 22, 2013
Article comment by: Guy Good

I think that all the Constitution really accomplishes is to place a speedbump in the way of national mood. If things continue as they are, you can expect increasing restrictions in all areas which give individuals power plus the ongoing development of a national surveillance state.

Culture has changed over time. 100 years ago, the nation was made up primarily of the self employed (mostly farmers), more physical jobs, people who didn't spend the last 20 years of their lives in a comfy chair watching TV, fewer elderly, and male-only voting.

Over time, the end game has been an increasing tendency towards risk aversion in all areas of life. A lot of people aren't going to like the place we end up, but we probably deserve it.

Posted: Friday, March 22, 2013
Article comment by: Veritas Semper

It is becoming increasingly clear that this Nation is clearly and without question becoming vastly divided between "The Coasts, Chicago and several other large urban welfare cesspools" and the rest of the Nation.
There are those that believe in the Constitution and those that like to pick-and-choose what they like.
The logical conclusion is all but inevitable.

Posted: Friday, March 22, 2013
Article comment by: Attentive Listener

@More Ignorance- Why are they not in common use by civilians? Could it be because they are banned? Goofus.

Posted: Friday, March 22, 2013
Article comment by: Real American DISABLED VET USN Retired



THE BIG 3 GUNS, SPORTS, & BULLYING!! *** I want my guns I want my SPORTS try to take-em away I WILL SHOOT YA!!

The NRA has all you guns nuts conned!!!

AS soon as the 'E.R.A.' is passed maybe the butt heads in DC will actually do something about 'ANYTHING'!! EXCEPT run for re-election and keep ruining AMERICA!

Posted: Thursday, March 21, 2013
Article comment by: Dear Mmmm

Never said it went to the Supreme Court, it never was appealed that far. It was termed constitutional by state courts, and never made it the Supreme Court.

Posted: Thursday, March 21, 2013
Article comment by: J K

Ho-hum. Same kids on the same merry-go-round.

Posted: Thursday, March 21, 2013
Article comment by: More Ignorance

Just Without Thought:
Full auto, explosive ammo, silencers = not in common use by civilians
Semi-auto, full capacity magazines, and so on = in common use by civilians

That you do not understand there is a difference, or why that difference is important, tells me that like many others herein, you know very, very little about the subject under discussion.

Posted: Thursday, March 21, 2013
Article comment by: PBS on the subject

Some liberal sources actually demonstrate honesty from time to time:


Cliff Notes: It's not going to the floor becasue any ban of guns/magazines that are in common would be unconstitutional. Duh!

Posted: Thursday, March 21, 2013
Article comment by: Ignorance is not bliss, It's just ignorance

I stand corrected, bob grant wins for the most foolish liberal post.

Posted: Thursday, March 21, 2013
Article comment by: Mmmmm, Not True

Hooty Hoo: I hope you are joking. Unconstitutional laws are not precendents for anything. Supreme Court decisions set precedents, not the laws passed by legislatures. Those laws are overturned every day. Have you ever really thought seriously about this subject? It sure doesn't seem so.
PS: The reason no one took it to Court is that it is extremely expensive to do so, and everyone knew it was temporary. It had abuilt in automatic expire date. Everyone knew that after the Democrats that passed it in 94 got tossed out on their ears in 96, another ban would never pass. So, the smart money was used to support Heller, McDonald and other cases. This one was going away on it's own.
Liberals, frantically rewriting history one subject at a time.

Posted: Thursday, March 21, 2013
Article comment by: To Stae the Obvious

If the Founders meant for the 2nd Amendment to apply only to militias, it would read 'the right of militias to keep and bear" and not "the right of the people to keep and bear". Seriously folks, this is just common sense, which obviously is not all that common.

Posted: Thursday, March 21, 2013
Article comment by: Attentive Listener

justa thought is correct. There are many restrictions in place already. How many of you advocate lifting them all? After all, "shall not be infringed".

Posted: Thursday, March 21, 2013
Article comment by: Hooty Hoo

@ mmmm Not True: There's a reason for everything. The reason that noone took the assault weapons ban to court for 10 years is that nobody important felt is was unconsitutional. Now a precedent has been set. So they could do it again. They took the big clip/assault ban out of the current bill, just going for mandatory background checks for all weapons. Oh well.

Posted: Thursday, March 21, 2013
Article comment by: bob grant

How many of you gun worshipers will allow the 14th amendment be taken away, Most of you as it doesn't effect your masculinity!

Posted: Thursday, March 21, 2013
Article comment by: Tom Bowden

This is really getting foolish as liberals are now going back to the argument that the 2nd Amendment applies only to militias. Sorry folks, that issue has been ruled upon, at this point, repeatedly. It was always a falicious argument (as anyone knows that took English 101 in College). I guess you figure if you close your eyes tight enough and repeat that lie again and again it will suddenly become true. Good luck with that.
PS: The idea that because a law is passed it is automatically constitutional is even dumber than the militia arguments. Local and federal governments pass unconstitutional laws all the time. What do you think Federal Courts do all day?
Sorry to be so blunt but seriously, I'm a bit embarrassed for you. It must be tough to be both wrong and so seriously intellectully challenged.

Posted: Thursday, March 21, 2013
Article comment by: Ignorance is not bliss, It's just ignorance

Doug: You are ingoring the fact the Supreme Court has already ruled you are 100% wrong (twice, once in 2008-Heller, and once in 2010-McDonald).
Is this some kind of contest amongst you liberals to see who can come up with the most ridiculous post? If so, I think you may have won. Or, is it that cherished and oft repeated liberal strategy of repeating a lie often enough hoping no one notices it's still the same old lie? If so, didn't work it is the same old lie.

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