Second Amendment Infringed On By Gov’t.

The U.S. Supreme Court’s recent 5-4 decision in McDonald v. City of Chicago upheld an individual’s right to privately own a handgun in Chicago. This decision reflected a similar ruling two years ago when the court struck down a handgun ban in the District of Columbia.

However, the McDonald decision effectively guaranteed the constitutional right to own a firearm to everyone in the United States (most already have that right even though they may not know it). As a result, the court has opened the door to additional constitutional challenges to gun control.

Writing for the majority, Justice Samuel Alito said, “We have made it clear that bans on handguns for felons and the mentally ill are permissible; so, too, are laws barring the carrying of handguns near schools, in government buildings and laws that impose conditions on the commercial sale of arms.”

Even more striking was Justice Alito’s comment that the Second Amendment was just as valid as all the rest of the Constitution’s provisions. That single remark alone was worth the wait of the lengthy court case.

Perhaps the one point that could be argued differently was his comment on “the commercial sale of arms.”

If Justice Alito is sincere in his opinion of the Second Amendment, then maybe it’s time the NRA or some other pro-gun organization brought suit to repeal the mandatory requirements of ATF Form 4473, the federal form an individual must complete prior to the purchasing of a firearm. This form is primarily an interstate commerce requirement between those involved in the manufacture, transport and sale of firearms. It has been surreptitiously extended to include the purchase of firearms by private individuals.

I cannot think of another constitutional provision within the Bill of Rights that first requires a private citizen to submit to the federal government some kind of required form prior to exercising a constitutionally guaranteed right.-[source]