What does the 2nd Amendment have to do with gun control? Montana gets it right.

The Legislature in Montana is taking center stage in a 218 year old debate about gun control. Ironically, the bill passed in Montana and the intent behind it is the first instance in my lifetime where the argument actually makes sense. Finally, someone is arguing the 2nd Amendment.

For years, both sides of the gun control debate have pointed to the 2nd Amendment as a part of the argument despite the fact that the United States Constitution never directly or indirectly addresses the issue of gun control. Read it again, if you do not believe me.

But, but, but...Yes. Leave your comments now stating how ignorant I am - or continue reading and perhaps maybe, just maybe, articulate your thoughts based on something other than John Hinckley, Jr. diatribes or an NRA commercial.

Allow me to simplify the issue a bit. Here is the complete text of the 2nd Amendment:

Amendment - Right to Bear Arms.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.

Please note that the description of the amendment is one continuous phrase separated by commas. The purpose of a comma is to combine phrases that are deemed by the author to be relevant or dependent upon one another and should be read as a sum of all parts. The Gun Control debate all too often extracts "the right of the people to keep and bear Arms" as though it were punctuated with a period. It is not.

Also, as you review the United States Constitution, note the deliberate distinction between the use of "the people" and "persons". When an individual's right is addressed throughout the text, the individual is referred to as "person". "The people" is used in direct juxtaposition to the "Government". The text reads as an "Us vs. Them" doctrine - which should not be surprising considering the new "Government" had just earned independence from the ultimate "Them".

Therefore, the 2nd Amendment could just as easily have stated:

When necessary to the security of a free State, a State may form and arm a militia comprised of its citizens.

Article 2, Section 2 of the United States Constitution outlines the President's role as Commander in Chief and clearly states that the President has the power to call into duty the militia of the states. Hmm.

So what does all of this have to do with Montana? Basically, by passing a law stating that citizens of Montana may purchase guns manufactured in Montana for use exclusively in Montana without adhering to ATF and other Federal regulations, the state of Montana is essentially establishing a militia as protected by the 2nd Amendment.

I am surprised that this debate can even exist without citing the 10th Amendment:

Amendment 10 - Powers of the States and People.The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It only stands to reason that since an individual's ability to purchase a gun is neither protected nor prohibited by the United States Constitution, then the 10th Amendment defers the issue to the States. Unless a specific State addresses the issue, it stands to reason that the ability to purchase and own a gun rests solely with the individual in that State.

I am neither for nor against gun control. However, it is frustrating to witness otherwise intelligent and logical thinkers base an argument on something that does not exist. Montana's new bill will likely be challenged and may ultimately find an audience before the United States Supreme Court. I truly hope any subsequent judgements do not reference the 2nd Amendment. That might very well cause me to lose all faith in the ability of those running our country to do so in accordance with their original oath:

I, Paul Dumas, do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Blogger under the Constitution and laws of the United States. So help me God.

AMEN.