Every mass shooting that occurs in the United States leads to one of two “conversations.” If the shooter is white, then proclamations about white supremacy and “white rage” take center stage, with the assertion being the “right” is somehow responsible. If a shooter does not check the left’s desired racial box, though, the conversation immediately defaults to gun control, where again, the “right” is somehow responsible.
It doesn’t matter what the actual circumstances of any particular mass shooting are. It doesn’t matter if the police completely screwed things up in egregious, unthinkable ways. It doesn’t matter if the shooter walked through an unlocked back door. It doesn’t matter if a background check was passed, thereby making “universal background checks” irrelevant. It doesn’t matter if a background check was passed, it does not matter what Democrats want. That is the full-scale confiscation and banning of firearms by people who follow the law.
Enter the absolute worst Second Amendment take I’ve ever seen. The MSNBC published it (shocker), written by Dean Obeidallah who is a political commentator and comedian. Below are some highlights.
It is not a constitutional right to have a gun. This was literally made up of 5 GOP justices in the 2008 DC v Heller decision. It is important that we make Heller’s overturning a cause similar to Roe V Wade. My @MSNBC https://t.co/4K6mhc38bi
— (((DeanObeidallah))) (@DeanObeidallah) May 28, 2022
“A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
— (((DeanObeidallah))) (@DeanObeidallah) May 29, 2022
Please remember: From 1789 to 2008, no federal court found that the 2nd Amendment gave a PERSONAL Constitution right other than being in a militia for owning a gun. DC v. Heller was an invention of five high court justices in 2008. To pass gun safety laws, we must OVERTURN Heller! https://t.co/0oNTG4bO0A
— (((DeanObeidallah))) (@DeanObeidallah) May 29, 2022
It is crazy that this type of abject disinformation was printed by mainstream outlets such as MSNBC. While Dean Obeidallah is not a legal scholar, I wouldn’t assert that he’d have to be to understand the history behind the Second Amendment, what it says, where it says it, and why it says it. Still, you’d expect some basic knowledge, which he clearly lacks, or he’s too dishonest to speak truthfully.
Let’s start with the basics. The Bill of Rights contains the Second Amendment. This specifically denotes individual rights, and is protected from government interference. That alone is enough to defeat Obeidallah’s argument. It is a belief that Obeidallah believes that the Second is all that’s in the Bill of Rights. GovernmentThis position is not logical and it’s also not supported by historical writings.
You should also remember, even though you may dismiss it, that they exist. It isThe Constitution actually contains a militia clause. If the Second was meant to only apply to the formation of government-led militias, that’s where it would have been placed. It was instead placed in the section denoting individual Rights because it is necessary to safeguard the rights of the Second. IndividualRight to organize a militia that is well-regulated.
The mention of the “right to keep and bear arms” is there because a militia can’t be formed without individual firearm ownership. That’s backed by how militias operated at the time of the drafting of the Second. Individuals showed up with their own firearms, which at the time were “weapons of war,” and organized and trained. There is not a single historically-backed interpretation of the Second that somehow comes to the conclusion that it’s a right meant to apply to the government and not the individual ownership of firearms.
Lastly, when dealing with the ridiculous assertion that Heller “made up” an individual right to keep and bear arms, it’s important to remember that courts interpret the law, but they do not make it. The reason it wasn’t until 2008 that such a right was affirmed is that up until that point, it was an absolute given throughout all of American history that individual firearm ownership was a right.
Heller was needed because clearly unconstitutional gun legislation required a decision on the Second. The individual’s right to have a gun was not in question at any time prior. And anyone who asserts such is very dishonest. This country used to allow fully-automatic firearms. Guns were common in schools. That’s not because the right to keep and bear arms didn’t arrive until 2008.
In short, Dean Obeidallah is a lying hack who has no idea what he’s talking about.
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