2ND AMENDMENT



The Commonwealth Party supports the 2nd Amendment right of the populace to keep and bear arms. The Commonwealth Party does not support laws that categorically ban guns. The party does support appropriate, common sense, civil and criminal liabilities upon gun sellers (and owners) for providing guns to individuals showing obvious signs to the layman of criminal intent, mental conditions and mental incapacities which render the individual unable to handle firearms legally or responsibly. Those individuals are not the intended bearers of right participating as functionally valid members of the populace referenced in the Constitution. Any such legal liabilities can not unduly transfer blame upon gun sellers and owners in cases where armed individuals commit crimes but there was not ample reason to have withheld the sale of firearms.

For the further protection of society, a proper cause and effect system of civil liability laws, liability insurance for gun dealers and a private third party information bureau (similar to a credit bureau like Equifax, not a government gun registry) that warns the seller should an individual have a certain type of criminal record or pertinent mental history will be suggested. This may lessen or at least inconvenience those people of unstable backgrounds from purchasing firearms. The nature of such a system will be designed to protect privacy and preferably be voluntary and must be marketable. Such a system would be worked out between the gun dealers, insurance providers, the legislative system and psychological caregivers and may be structured differently in different locales. The goal is to provide a marketable incentive system to gun sellers to encourage them to willfully strike sells to questionable individuals. The system would be adequately defined to sustain ease of access to firearms by mentally functional, law-abiding citizens.

Whether or not such a system is implemented depends on whether it is marketable and whether it is effective in preventing gun crime and does not interfere with the gun access of law abiding citizenry. Note that determined individuals can still get firearms despite such systems or even if there were outright gun-banning laws in place. The system described above, however, may give some degree -- probably the highest degree possible -- of pursuing the safe and responsible sale of firearms without infringing on the right to bear arms.

Laws pertaining to the use and discharge of firearms are more appropriate than trying to ban guns. Besides, the founders wanted an armed citizenry not just for hunting or even simply to defend against crime. They wanted citizens to have the ultimate check on government power.