Drafting the Amendment

Lets set the parameters for drafting an RKBA amendment.

We know from Heller that a simple common sense statement like "the right of the people to keep and bear arms shall not be infringed," while brief, will be defined away by opponents.

But, this is a constitution clause aiming at invalidating existing laws and rules and preventing new ones springing up so we don't want it to be pages of legalese and actual legislation.

If its too big and wordy 1) it gets to be a lot of paper for people to print and post and for me to box and tote around, 2) people start to get suspicious and maybe reticent to sign it, 3) it looses its punch to jolt people into action, so Keep It Simple Stupid is the rule.

We want to get the concept that this clause is occupying the legislative area and explicitly preempts any lower levels of government.

We want to get all supporting things included:

So we need to get the "keep and bear" expanded to a watertight definition which includes "own, carry, buy, manufacture, sell, loan, transfer, transport, etc." and to include "guns, ammunition, gun shops, gun shows, ranges, targets, holsters, silencers, stocks, grips, aftermarket accessories, etc."

No registration, permits, licenses, taxes, stamps, proof of competence exams, training/instruction requirements (this was used in England, ranges had to be approved by licensed inspectors... they never trained or licensed any inspectors!)

We want the fiscal impact statement to be that this amendment saves the state, cities, police, sherriffs, etc., lots of money because they no longer need to administer all the licensing, permitting, etc.

My clause (d) is to counter the accusations which will fly that we are permitting gang bangers and vigilantes, etc. Its meant to be like the warnings in the CCW application, yes you can carry a gun but you are still subject to manslaughter, homicide, brandishing, threatening behaviour, etc.

So if you have any suggestion drop me a line or contribute to the blog.


Phil Terry
Last modified: Fri Jun 20 21:44:03 PDT 2008