Kelly Defends his Gun Votes by Lying About the Second Amendment
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Kelly doesn’t even like a ban on civilian ownership of military-style weapons. When asked during an interview by KDKA-TV in Pittsburgh in 2019 if he has a problem with people having assault weapons in their homes, he said, “No. Listen, this is the Second Amendment.”
As was stated earlier, Kelly is lying about the Second Amendment. He’s exaggerating its scope.
The Second Amendment reads as follows: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
In 2008, the U.S. Supreme Court ruled by a 5-4 vote in the case of District of Columbia. v Heller that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense.
However, what’s notable in this decision is that the late Justice Antonin Scalia, a hero of the conservatives, wrote in the majority opinion that the right to bear arms has limits.
He wrote, “Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”
He added that “like most rights, the right secured by the Second Amendment is not unlimited.” It is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”
So, under the rule of law there’s no absolute right to have things like assault weapons or large magazines, or to take a firearm anyplace without restriction.
You wouldn’t know that listening to Kelly.
So, don’t bet on our congressman ever joining the side of popular opinion that says the country needs common-sense gun laws, created by legislators not living in fear of the NRA, because, “Listen, this is the Second Amendment.”