If Americans were to no longer have a Constitutionally guaranteed right to bear arms, and Congress subsequently, heavily restricted the future manufacture, sale, and ownership of firearms, any firearms purchased before those laws and the Second Amendment’s hypothetical repeal would still have to be recognized as lawful.
That was the case with the Federal Assault Weapons Ban, under which previously, legally purchased weapons were explicitly grandfathered as being exempt to avoid any ex post facto messiness; and cops certainly didn’t start going around, kicking in doors at random on the off chance they’d catch someone with an illegally purchased weapon.
So unless the repeal of the Second Amendment also came with endowing Congress with the power to make ex post facto laws, then Fourth Amendment issues are pretty much moot, because a post-Second Amendment government would still have to present evidence to a court that a person was in possession of a firearm acquired after – and not before – any hypothetical ban on that firearm’s sale or possession to acquire a warrant for a lawful search and seizure, and other Fourth Amendment protections.
[Emphasis added for everyone who’s rushed to the comment section to say that I don’t understand what ex post facto means.] Because apparently I need to spell this out.
If the Second Amendment were to be repealed, unless Congress then made laws restricting or banning sale or possession of firearms, there would not automatically be a change in the legal status of any firearms already in people’s possession. The police would not just suddenly start kicking down doors to take guns away, because those guns would still be legal.
If Congress did pass subsequent legislation in keeping with the fall of the Second Amendment, then those laws would be enforceable within the boundaries of the Fourth Amendment (ie, probable cause, warrants, reasonable searches and seizures, etc.)
Therefore, the Fourth Amendment would stay in effect.
That’s the whole point of the question, people. Taking down the Second Amendment wouldn’t automatically make guns illegal, nor would the Fourth Amendment have to be repealed in order to enforce any hypothetical, future gun control laws.
About the author: Scott Bernstein is the CEO of Child Recovery International (thelost.net) and Bounty Hunter Training Academy (americanbountyhunter.org) and headquartered in the Research Triangle of North Carolina. He has extensive experience as a Counter Terrorist Consultant, International Apprehension Operative, Human & Sex Trafficking Expert and a Military and Law Enforcement Trainer. He is available as a Consultant and as a Speaker. In addition to his LinkedIn profile, you can also interact with Scott on his LinkedIn group http://bit.ly/1LMp2hj.
Scott Bernstein is the founder and director of both organizations: Child Recovery International (www.thelost.net) and Bounty Hunter Training Academy (www.americanbountyhunter.org). They implement unconventional techniques such as criminal profiling, victimology, behavioral Psychology, Neuropsychology, pre-text art and expert skip tracing. To reach CRI or BHTA, reach them at 984-235-4816 or in writing at email@example.com.
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