The Federal Gun Control Laws: Constitutionality and Legal Validity

Many individuals argue that certain United States gun control laws are unconstitutional, leading to a complex debate surrounding the legality and constitutionality of such laws. In this article, we explore the nature of constitutional challenges to these laws and examine the specifics of a particular ban that has a history of being challenged.

Laws Being Constitutional Until Proven Otherwise

A law is considered constitutional until a competent court rules otherwise. Courts often have to determine the constitutionality of a law when parties in a lawsuit challenge it. If a law is found to be in conflict with the Constitution, it is then declared unconstitutional. However, the process of challenging and determining the constitutionality of a law is a lengthy and complex one.

The Machine Gun Ban and Its Controversy

One specific example of a law that has been deemed unconstitutional in part is the 1986 Federal Assault Weapons Ban, which prohibits the manufacture, sale, or transfer of certain semi-automatic weapons. This ban, which defined a class of firearms as 'assault weapons,' has been subject to numerous lawsuits and legal challenges. While the actual federal ban was allowed to expire in 2004, residual aspects of the ban remain in place and are actively debated in federal courts. The argument for its unconstitutionality centers around the Second Amendment's protection of the right to bear arms.

Notably, the partial de facto repeal of the Gun Control Act of 1968, the Firearm Owners’ Protection Act of 1986, and the 1986 Federal Assault Weapons Ban has been unceremoniously adopted by the Right Wing GOP party to only selectively protect sporting weapons, home defense weapons, and self-defense weapons, effectively undermining the legislation's intent.

Interpretation of the Constitution and the Role of the Supreme Court

The United States Constitution serves as the supreme law of the land, and any law that is in conflict with it is deemed unconstitutional. However, it is the Supreme Court that has the final say in interpreting the Constitution and determining the constitutionality of laws. The Supreme Court's interpretation has evolved, often leading to interpretations that deviate significantly from the original text.

Some argue that the Constitution as originally written bears little resemblance to the Constitution as interpreted by the Supreme Court. Critics suggest that the key phrase 'the supreme court has the right to interpret the constitution' has resulted in a document that is effectively controlled and redefined by the judicial branch. This situation leads to a legal system where the actual Constitution is secondary to the interpretations handed down by the Supreme Court.

Challenges to Gun Control Laws

In my opinion, many federal gun laws that are currently on the books are unconstitutional. For instance, sections of the National Firearm Act (NFA) of 1934, which has been challenged multiple times, could be unconstitutional. Similarly, laws governing the Federal Communications Commission (FCC) and associated electronics, radio, and television laws may also be subject to constitutional scrutiny. If the United States Federal Government does not have the explicit authority to pass such laws, then they are likely unconstitutional.

It is worth noting that not all gun control laws are equally contentious. Some laws, such as those that specify which firearms can be commercially sold or regulated through licensing and registration, may stand on firmer legal ground. However, when it comes to broader bans or regulations that significantly impact the Second Amendment right to bear arms, the legal challenges are far more frequent and intense.

Ultimately, the constitutionality of these laws must be determined by the courts, and the process is lengthy and complex. Until a law is officially ruled unconstitutional by a competent court, it remains in effect and enforceable.

Conclusion

The constitutional challenges to various federal gun control laws are not merely academic debates; they often have significant implications for public safety and individual rights. The original intent of the Constitution and the evolving interpretations of the Supreme Court play crucial roles in shaping the legal landscape surrounding gun control. Until these issues are resolved through judicial processes, the debate continues to be a contentious and complex one, making it a topic of ongoing interest and importance.