Call to Repeal the Second Amendment

Retired Supreme Court Justice John Stevens recently wrote an op-ed in which he advocated for the repeal of the Second Amendment, which protects the right to bear arms. Attorney Paul Cambria spoke to WGRZ about whether repealing the Second Amendment could be a valid possibility. The full story is available below and by visiting the WGRZ website.

Repeal is unrealistic

When asked if repealing the Second Amendment could ever become a reality, Mr. Cambria responded, “I don’t think it’s realistic at all. I mean, the tenor of the times is such a support for guns and the Second Amendment.” He went on to say that, mechanically, making a change of this nature would be extremely difficult.

“To change the Constitution and make an Amendment, you need two-thirds of Congress just to propose it or two-thirds of the state legislatures to propose it,” Mr. Cambria explained. “And, if you get that, then you need three-quarters of Congress or you need three-quarters of state legislatures or state conventions—constitutional conventions. That’s nearly impossible to get. So, mechanically plus the tenor of the times, it’s never going to happen.”

Amendment potentially outdated

In his op-ed, Justice Stevens wrote that one of the reasons to repeal the Second Amendment is because it is outdated. WGRZ asked Mr. Cambria if this is a valid reason to repeal an amendment. “That is a good reason,” Mr. Cambria said. “Look, for example, at Prohibition. It was outdated, it was overruled. There was no voting for women, so that’s another Amendment that was outdated,” he explained. Mr. Cambria went on to say that the Second Amendment could be considered “outdated in the sense that maybe it should be broader so that it’s clear as to what it does allow and what it does protect.”

Mr. Cambria told WGRZ that he thinks it would be “impossible” to repeal the Second Amendment as Justice Stevens suggests.

About Paul J. Cambria, Jr.

The chair of Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area, Mr. Cambria advises clients on criminal trials, criminal appeals, constitutional and First Amendment law, zoning and land use, antitrust, and professional licensing defense. He divides his time between the firm’s offices in Buffalo and Los Angeles.