Home › Forums › General Discussion › the right to use guns for self-defense…protected by the 10th amendment? › Reply To: the right to use guns for self-defense…protected by the 10th amendment?
Specifically, the right to use guns for self protect could be argued under the 10th amendment since the constitution never gives the power to regulate them within the enumerated powers of A1S8. However, and I would argue more importantly, The Constitution does not grant any rights. The Constitution is a limit on and enumeration of the power of government; it does not limit or enumerate the rights of individuals. This is because the founders believed that rights were supreme to any government.
If a person has the natural (supreme to government) right to life and (justly gained) property, then that person also has the natural right to protect their life and property by any means necessary from any and all people intent on taking that right away (of course as long as they are not infringing on the rights of other uninvolved people). Possibly more important in this case is the oft forgotten 9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
So, yes, in a constitutional sense, you are correct that gun control would be state based. But even further than that, from a purely libertarian perspective, self protection by whatever means deemed necessary is an extension of John Locke’s fundamental rights of life liberty and property; is supreme to any government system; and, marrying that with the constitution, falls under the 9th amendment as well but would be a right recognized in a libertarian society even in the absence of the constitution.
Of course, self defense is defense not offense and the non-aggression principle also comes into play but thats my 2 cents.