Marc J. Victor

More About: Gun Rights

Don’t Cherish the 2nd Amendment!

I was recently asked to write an article which would be of interest to people who cherish the 2nd Amendment to the United States Constitution. #1  Few people have more experience talking to others who cherish the 2nd Amendment than me.  I am the only attorney who is regularly invited to speak to groups of people in Arizona who attend the Crossroads of the West #2 gun shows about their rights and responsibilities as firearms owners.  Indeed, I enjoy talking to people who cherish the 2nd Amendment, and I acknowledge, agree and respect the rights of free and responsible adults to acquire, possess and sell whatever weapons they peacefully obtain.  I am far more concerned about the government bearing arms than I am about responsible citizens bearing arms.

    However, I often wonder if the people who cherish the 2nd Amendment also cherish freedom.  They are not the same concepts.  Like everything else in the Constitution, the 2nd Amendment is subject to interpretation.  Until the year 2008, it was a subject of much debate whether the 2nd Amendment protects an individual right to bear arms or a “collective right” #3 to allow the states to organize a national guard.  Although the United States Supreme Court determined an individual right is indeed protected, I wonder if those same 2nd Amendment cherishers would have such warm feelings towards the 2nd Amendment had the Supreme Court sided with the collectivists?  Moreover, there is no doubt the courts will now march toward restricting such individual right as they have with all other individual rights  “protected” by the Constitution. 

#1.  The 2nd Amendment to the United States Constitution says, “…the right of the people to keep and bear Arms, shall not be infringed.”  Incidentally, the meaning has always seemed clear to me.   
#3.   Please don’t ask me to define a “collective right.”  The notion of a “collective right” is unintelligible to me.  I suspect the concept was originated by some collectivist minded anti-freedom thug. 

    The 2nd Amendment, as with everything else in the Constitution, is subject to interpretation, limitation, expansion, or virtual nullification by those nine political appointees on the United States Supreme Court.  How many of your rights are protected by the Contracts Clause or the Privileges and Immunities Clauses or the 9th Amendment?  With a different group of nine political appointees, those could have been important sections of the Constitution in terms of protecting freedom.  Of course, the 2nd Amendment could be repealed.  I suspect many people would not be inclined to turn their firearms into the government for want of a right to bear arms.

    I admit there is no escape from the necessity of interpreting written words.  Our language and thoughts are not precise enough for perfect communication.  However, we should recognize and admit the 2nd Amendment, as well as the rest of the Constitution, is merely a collection of words written on paper.  By themselves, they have no power to do anything at all.  The mindset of the people interpreting and enforcing those words is what matters.

    I would much prefer to live among liberty minded people without any  constitution or written laws whatsoever than big government loving busy bodies who live pursuant to a written constitution which grants them rights to do whatever the government deems appropriate.  There is no substitute for liberty minded people, and nothing else whatsoever can preserve liberty; not the words of the 2nd Amendment or the Constitution or the congress or your favorite politician; nothing.  Freedom is either respected by your neighbors or it is not.  No words can get the job done.  

    Whether a person cherishes the 2nd Amendment is of little importance to me.  I am more interested in knowing what respect, if any, they accord to the rights of others to control their bodies, their money, their property and their time.  There are endless arguments, restrictions, interpretations, and outright lies anti-freedom inclined people will advance in attempts to impose their will on others.  

    As an example, some people, with agendas to ban firearms, argue firearms are responsible for much of the horrible violence in our society.  However, as research has shown, a greater number of guns in a community does not equate to more violence.  Indeed, the opposite is true. #4  Nonetheless, as a consequence of the erroneous “firearms cause violence” assertion, many people will support laws from registration and licensing to outright bans on firearms. 

#4.   See, More Guns, Less Crime: Understanding Crime and Gun Control Laws by John R. Lott Jr. 

    Always ignored within the “guns cause violence” crowd is the reality that anti-freedom government policies, not guns, are the root cause of the violence in question.  Government policies which restrict freedom result in black markets where disputes are not settled peacefully in court but rather violently in streets.  If a pro-freedom policy was adopted regarding drugs, the horrible drug cartel related violence, which always involves firearms, would be more akin to the peaceful purchase and sale of alcohol.  I never hear about the Budweiser guy and the Miller guy breaking into violence in the streets.  I suspect they don’t even carry guns.  In any event, the gun is not responsible for the violence.

    There are undoubtedly bad and violent people in the world who cannot be dissuaded, under any circumstances, from violence involving firearms, knives, bats, fists, whatever.  However, nothing creates and nurtures a culture of violence and conflict like anti-freedom government policies.  

We will not have peace in our world unless and until people realize freedom is a necessary prerequisite for peace.  We should not be surprised trespassing on the rights of others often results in violence.  The fact firearms are used to effectuate violence is not evidence firearms are bad.  Firearms are neutral.  Firearms are mere tools. 

Likewise, the 2nd Amendment is neutral.  It is also a mere tool.  Those words can be used by freedom inclined people to protect liberties.  They can also be used by people who seek to restrict liberty, forcefully impose their views on others and cause conflict.  Although I cherish freedom, and all the concepts which are necessary to a free and peaceful society, I do not cherish the 2nd Amendment or any other collection of mere words. 

Marc J. Victor is an Arizona State Bar Certified Specialist in Criminal Law and can be reached via his law firm website at

3 Comments in Response to

Comment by Anonymous
Entered on:

Mark Victor, why don't you just get down to it rather than pretending like what is happening is constitutional.  The Zionist terrorist network whichbegan in 1913 with the ADL (legalized terror against Americans who act out against Zionism's New World Order) and the Federal Reserve's scam of a banking system owns the GOYIM (we non-"jews"- or shall I say Illuminati cult members,  are considered to be cattle to this mafia cult who have no blood relationship to Israel, it is all lies as in Revelations 2:9 and 3:9.   Guys like you write fluff and BS that we are all supposed to bow down to your law degree when this is about infiltration of mafia crypto-"jews" (Illuminati mafia cult druglords/banksters/jesuits) that have systematically destroyed our freedoms.  As a sworn in American bar member, you know damn well that you are a part of this entire criminal regime and that it is this American Bar association whose allegiance is to Britain under Admiralty law and writing the laws that are facilitating the Christians' demise because our constant state of "WAR" makes your argument completely moot and you, for lack of a better word, a fraud, a phony, a shill.   There is a reason that people have a special hatred for all lawyers.  You are no exception.  You certainly do not fool me.  You are a ZIONIST SHILL.  Admit it.  I, as a so-called Jew according to the DaVinci Code hoax, cannot be an anti-semite as a so-called "Jew."   kAnd most jews today that claim supremacy and special treatment under Zionism are Khazars.  No semitic blood but certainly willing to moneychange their way into taking over the world with Noahide law as soon as the GOYIM is forced into the FEMA camps under Marshall law. 

 Under the law of adoption under Christ, there is no "chosen" people, although you are supporting their terrorist anti-American regime and pretend that you do not know that you are doing it, there is even hope for you.  Lawyers are all a  bunch of money changing mafia whores today (for lack of a better word).  Believe me, I did not start out with this opinion.  This is from experience.  I was offered a full ride scholarship by you losers to NY lawschool after a paid gradulate school internship at the State Senate in Banking Insu;rance and Elections law, recurited into the oil lobby, witnessed the real reason for the roadway camers (microchip implantation of an operation creep) and to your mafia cult's dismay, I said no to your bribes offered to me all because of my family name and your Mafia controlled Masonic agenda.  Your article is a joke.  Sorry, but you have to comment.  Do the homework people.  Stand up to the truth.  I am tired of shills covering up the fact that the New World Order is Zionism.  Get it through your heads.   Earnie, unless you are one of them, I insist that you allow this to stand. 

Comment by Powell Gammill
Entered on:

Even if the Second Amendment were repealed and replaced with an Amendment stating: "No occupant of the United States may possess a weapon without explicit authorization of the United States government," we would still have the Right to Keep and Bear Arms.

No one or thing can take away individuals Rights.

They are trampled upon by people willing to use force if opposed.  Until they wake up in the morning wondering if this is their last undecomposing day on Earth, this will continue.  But individual Rights will endure.

Comment by Ernest Hancock
Entered on:

What he said!

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