A Well Regulated Militia: The Missing Half of the Second Amendment

(Photo: Jae C. Hong / AP)

“A well regulated militia…” These are the first four words of the Second Amendment to the United States Constitution. Funny how they tend to go missing in discussions with those who believe gun rights are absolute. Instead, we often hear about the last four words, “shall not be infringed,” as if they’re the whole story. But they’re not. While debates about the Second Amendment’s scope continue, we must reject extremist positions that claim gun rights are absolute. They aren’t.

Here in South Carolina, we face a grim reality. Our state has one of the highest rates of gun deaths in the nation, and gun-related deaths are now the leading killer of children in the United States. Despite these sobering statistics, South Carolina’s gun laws have become increasingly lax, particularly with the relatively recent adoption of permitless carry, or “constitutional carry.” Some legislators in South Carolina treat the Second Amendment as an untouchable relic granting unfettered rights. They’re wrong.

State Representative Beth Bernstein has pre-filed a safe storage bill that would promote the secure storage of firearms—a straightforward and responsible measure that helps prevent accidents and unauthorized access. State Senator Darrell Jackson has introduced a bill to establish a “Red Flag” law in South Carolina. These types of laws allow law enforcement to temporarily remove firearms from individuals who pose a threat to themselves or others. Note the word “temporarily.” These aren’t laws designed to snatch guns permanently. But State Senator Tom Fernandez, a personal injury attorney and self-styled military veteran who’s never worn a U.S. uniform, insists that the legislature has no authority to regulate gun ownership or carry at all. Someone ought to remind Tom that constitutional law isn’t just a suggestion, and he might want to dust off his law school notes or retake Constitutional Law 101.