Laws banning the future sale of firearms and the seizure of those already in existence are legally impossible, for the reason that such statutes are prohibited in three places by our constitution.
USC Amendment II
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.
This succinct amendment has been widely held by the U.S. Supreme Court to say that guns are here to stay. Some cities and states have tried to ban firearms, but their laws have recently been struck down with a force equivalent to a “bitch-slap” by The Rock.
USC Article I: Section 9
No Bill of Attainder or ex post facto Law shall be passed.
Even if you managed to convince thirty-seven state legislatures to ratify an amendment repealing the second, this is what prevents existing guns from being seized.
Even if gun sales were banned tomorrow you could still own your gun and pass it down to your heirs. This is known as “grandfathering”.
USC Amendment XIV:Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
This is why handgun bans in cities such as Washington, D.C., Morton Grove and Chicago, Illinois and (very likely) New York state’s Sullivan Act were wiped out of existence by The U.S. Supreme Court’s 2008 District of Columbia v. Heller and 2010 McDonald v. Chicago rulings.
Heller affirmed U.S. Citizens’ second amendment right to have a gun in their homes, despite the D.C. handgun ban. It essentially struck it down.
McDonald extended the Heller ruling to the states and cities, via the fourteenth amendment’s “due process” clause.
In short–and to borrow from the late, great Slappy White–gun control is like the will a man had tattooed on the end of his penis…it wouldn’t stand up in court.
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