Full transparency, this editor began following David Lat in 2020 when he was very, very sick in the hospital with COVID. His story was scary, heartbreaking, and inspiring … he made it. And on that note, his attempt at making an argument to repeal the Second Amendment is a far cry from the usual ‘BAN ALL THE GUNS YOU EVIL WHITE REDNECK GUN LOVERS’ but it’s still not great.
We appreciate what he was trying to do here with maybe a dialogue but, yeah, it wasn’t going to happen.
1/ Do you support repealing the Second Amendment?
— David Lat (@DavidLat) May 25, 2022
Right now, the poll sits at 92% NO … with nearly 41k votes, with six hours left.
2/ I support repealing the Second Amendment.
Why not send gun regulation back to the states—an approach that conservatives and federalists support for so many other issues (e.g., abortion)?
— David Lat (@DavidLat) May 25, 2022
Because unlike abortion, which many have argued should go back to the states, bearing arms is a literal right.
3/ Gun control is the quintessential issue where views will vary from state to state.
What business does it have being in the U.S. Constitution? Why shouldn't states be able to reflect the views of their citizens, free from federal constitutional constraint?
— David Lat (@DavidLat) May 25, 2022
The Founders made it the second for a reason, David.
4/ The late Justice John Paul Stevens, who dissented in the Heller case, supported repealing the Second Amendment. See this 2018 @nytimes op-ed (plus his book, Six Amendments).👇https://t.co/QfA7wRPrgU
— David Lat (@DavidLat) May 25, 2022
Eh.
5/ I think Justice Stevens had the better of the (originalist, textualist) argument in Heller. I spoke about this with @EHSlattery on #DissedPod.
But if you happen to agree with Justice Scalia, fine. That's why we should REPEAL.https://t.co/ZFOcba2jkH
— David Lat (@DavidLat) May 25, 2022
Nope.
6/ I realize Bret Stephens is persona non grata here on Twitter, but he also supports repealing the Second Amendment.
He doesn't think gun ownership should be outlawed, "but it doesn’t need a blanket constitutional protection."👇https://t.co/ZkMwaueRPL
— David Lat (@DavidLat) May 25, 2022
7/ The U.S. Constitution should be about important, fundamental values that transcend regional difference, like equal protection, due process, and free speech.
Not the right to own a gun. Let states do what they want on this issue.
— David Lat (@DavidLat) May 25, 2022
Many Americans CLEARLY believe owning a firearm is a fundamental value that transcends regional differences.
8/ I'm also open to gun control legislation at the federal level.
But again, let's deal with guns through ordinary legislation, whether federal or state.
An amendment protecting guns should not be in the Constitution, the supreme law of the land.
— David Lat (@DavidLat) May 25, 2022
But again, no.
9/ I realize that repealing the Second Amendment will never happen. We can't even get ordinary gun-control laws passed, to say nothing of an amendment.
But in light of this latest nightmare, allow me to have my little dream.
— David Lat (@DavidLat) May 25, 2022
There are tens of thousands of ‘gun-control laws’ already on the books.
10/ Freedom of religion is obviously fundamental to human existence. Billions of people around the world are religious.
Owning a gun? Which is extremely rare globally?
Sorry, NO.😂😂😂https://t.co/w0ACzmgYvb
— David Lat (@DavidLat) May 25, 2022
Sorry, YES.
America is a sovereign nation.
11/ I am neither stupid nor naive.
I realize the 2nd Amendment isn't going anywhere.
This thread is my scream into the void.
I am just angry. And so, so sad.
(And those of you who know me know I generally don't do "angry.")
— David Lat (@DavidLat) May 25, 2022
So this is where the thread ended last night.
Seems Lat received a lot more feedback around the second than he expected.
He continued this morning:
12/ I have more responses to this thread that I can address (or would want to address, since many are just ad hominem attacks).
But here are a few additional thoughts that address several of the most common reactions.
— David Lat (@DavidLat) May 26, 2022
13/ To be clear, I do NOT support criminalizing gun ownership or taking away everyone's guns. Lawful gun ownership by law-abiding citizens is fine.
Also, I think my husband would be very unhappy if someone tried to take away his guns—yes, guns, plural.
— David Lat (@DavidLat) May 26, 2022
K.
14/ But at the same time, I don't think gun ownership rises to the level of the other rights mentioned in and protected by the Bill of Rights.
In other words, I don't think it needs nationwide, universal protection in the U.S. Constitution.
— David Lat (@DavidLat) May 26, 2022
Except without the second, the other ‘rights’ very well could go away. Unfortunately, he doesn’t seem to understand that.
15/ States should be free to experiment with different laws on gun control, and the federal government can pass gun-control laws too, consistent with general limits on federal power.
In other words, there shouldn't be any federal constitutional limit.
— David Lat (@DavidLat) May 26, 2022
16/ One common response to my proposal: "The Second Amendment is in the Constitution, dumbass!"
People don't seem to understand that I'm proposing to AMEND the Constitution. That is an entirely legitimate process that is provided for in the Constitution.
— David Lat (@DavidLat) May 26, 2022
Amending it to remove the right to bear arms is exactly what people are fighting against.
17/ So yes, I am well aware that the Second Amendment is part of the Constitution.
That's why I am proposing to REPEAL it, through the processes of Article V.
(I think repeal would be better than judges trying to interpret it out of the Constitution).
— David Lat (@DavidLat) May 26, 2022
Pass.
18/ Some on the left have complained about my sending the issue of guns back to the states, since some states would be too lax. But as noted, I'm not opposed to federal gun-control laws as well.
— David Lat (@DavidLat) May 26, 2022
19/ I just don't think we need a federal constitutional CEILING on gun regulation, as there is now.
There should be no constitutional limit on what the federal or state governments can do about guns (again, aside from general limits on federal power).
— David Lat (@DavidLat) May 26, 2022
20/ I understand and respect the arguments that gun ownership by the people (a) protects the right to lawful self-defense, especially when the police or government can't help you, and (b) could be a check on central government tyranny.
— David Lat (@DavidLat) May 26, 2022
21/ But again, I'm not proposing to take away all guns; I just think we should be able to regulate them without constitutional limits—i.e., we should be able to outlaw certain types of guns or features of guns, without those laws getting struck down.
— David Lat (@DavidLat) May 26, 2022
*sigh*
22/ The "check on tyranny" argument is outdated.
Despite its problems, our government is pretty responsive to the people.
When we have had a big problem with something, we have been able to address it through the normal political process—no guns needed.
— David Lat (@DavidLat) May 26, 2022
Maybe Lat missed it, but no, the ‘check on tyranny’ is far from outdated. We’ve seen that very issue in the last two years with the pandemic.
23/ Another common response: gun laws can't and don't stop all gun violence.
I don't think anyone believes that they do. But I do think sensible laws (a) can reduce gun violence, (b) are an important statement of our values, and (c) don't do any harm.
— David Lat (@DavidLat) May 26, 2022
Did anyone point out to him there are already tens of THOUSANDS of laws on the books?
24/ Also, the value of being able to defend yourself on the rare occasions when the police can't must be weighed against gun homicides (plus suicides).
I will put up with the looting of a Target in Minneapolis if it will avoid another shooing in Uvalde.
— David Lat (@DavidLat) May 26, 2022
It can take the police a very long time to respond … just sayin’.
25/ To the people saying to me, "Haha, look at your poll results," I actually kinda like them.
It's nice to see that Twitter is not a total echo chamber of the left and there are people on this platform with a wide range of views.https://t.co/464wn4nnDK
— David Lat (@DavidLat) May 26, 2022
26/ I am not, in general, a progressive or a lefty—despite the assumptions of many responding to this thread.
Gun control is one of the few issues where I have conventional left-wing views.
— David Lat (@DavidLat) May 26, 2022
27/ And I don't think supporters of gun rights or owners of guns, like my husband, are Bad People.
I think we can have a range of reasonable viewpoints (and laws) about guns, without having a constitutional amendment about them.
— David Lat (@DavidLat) May 26, 2022
And again, pass.
This editor appreciates Lat tried to come across as balanced and not accusatory or condescending but the reality is, every time one of these tragedies occurs, the same people on the Left come out with the same hammer and treat everything as the same nail. The time for reasonable dialogue and debate is way past because 2A advocates are exhausted of being treated like killers when they’ve had nothing to do with an incident like Uvalde.
Nice try, but no.
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