You’re missing the fact that none of the rights set forth in the Constitution are absolute.

All of the rights in the Bill of Rights are subject to government limitation when there is a compelling state interest.

You have the right of freedom of speech, unless you want to speak lies, speak national secrets, or speak when doing so is a violation of the subject’s right of privacy, not to mention the old line about yelling fire in a crowded theater.

In all of those cases Congress can and has legally taken away your right of freedom of speech.

You have the right of freedom of the press, unless you want to publish child porn in which case the government can and has taken away your right to freedom of the press.

You have the right to practice your religion unless your religions says you can have multiple wives or have sex with children in which case the government can and has taken away your right to freedom of religion.

You have the right to keep and bear arms, unless you’re a felon or a crazy person in which case the government can and has taken away your right to keep and bar arms.

You have the right to keep and bear arms unless the firearm is fully automatic, in which case the government can and has taken away your right to keep and bear arms.

You have the right to keep and bear arms unless you’re bearing a concealed handgun, in which case you don’t have that right no matter what the 2nd Amendment says.

You have the right to keep and bear arms, so long as you are competent to safely keep and bear them. The government could constitutionally require that you demonstrate that competence by passing a safety test.

You have the right to keep and bear arms, but nowhere does the 2nd Amendment say that you have the right to anonymously keep and bear arms. That means the state can require you to register your firearms.

There is no question that people who misuse firearms can have them taken away no matter what the 2nd Amendment says.

There is no doubt that Congress could legally require firearms to be registered and require owners to pass a safety test before they could keep and bear arms.

Nothing in the Constitution is absolute including the 2nd Amendment. It’s all subject to reasonable limitation in support of a compelling state interest.

Graduate of Stanford University & U.C. Berkeley Law School. Author of 17 novels and over 200 Medium columns on Economics, Politics, Law, Humor & Satire.

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