General Discussion
In reply to the discussion: TAX THE AMMO!!! [View all]X_Digger
(18,585 posts)Rights aren't granted by the bill of rights; the bill of rights is a 'the government shall not' document, not a 'the people can' document.
No, if you repealed the second amendment, then the right would still exist in various state constitutions (see tenth amendment). If the various states repealed their analogues of the second amendment, then it would be an unenumerated right under the ninth.
Sorry, the right protected by the second will not go away.
US v Cruikshank
"This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.
Presser v Illinois
"the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms"