It’s the Constitution that has the final say
The Washington Times:
Last weekend’s mass murders in El Paso, Texas, and Dayton, Ohio, have produced a flood of words about everything from gun control to mental illness to white nationalism. Most of those words have addressed the right to keep and bear arms as if it were a gift from the government. It isn’t.
The U.S. Supreme Court has twice ruled in the
past 11 years that the right to keep and bear arms is an individual
pre-political liberty. That is the highest category of liberty
recognized in the law. It is akin to the freedoms of thought, speech and
personality. That means that the court has recognized that the framers
did not bestow this right upon us. Rather, they recognized its
pre-existence as an extension of our natural human right to self-defense
and they forbade government — state and federal — from infringing upon
It would be exquisitely unfair, profoundly unconstitutional and historically un-American for the rights of law-abiding folks — “surrender that rifle you own legally and use safely because some other folks have used that same type of weapon criminally” — to be impaired in the name of public safety.
It would also be irrational. A person willing to kill innocents and be killed by the police while doing so surely would have no qualms about violating a state or federal law that prohibited the general ownership of the weapon he was about to use.