It looks like the RINOs in the Senate are going cave and help the Left “do something” on gun control. Beyond the ever-popular “Gun control means hitting your target”, I have some ideas on how to deal with the issue of gun control that do not infringe on our Constitutional right to keep and bear arms. Before you lose it and start screaming at the computer “They even got Uncle Jimbo”. No, they didn’t and I have a plan.

If they are going to make a deal, let’s make sure we get something in return. Republicans should demand the Dems acknowledge DC v. Heller as the law of the land and include its language on an individual right to gun ownership in any bill.

There are few more adamant supporters of the Second Amendment than me and I served as a Special Forces Weapons Sergeant. I believe, and the DC v. Heller decision agrees, that individuals are guaranteed the right to own and carry any weapon in common use and suitable for service in the militia. That includes any legal purpose and the understanding that if our government becomes intolerably tyrannical, using them to overthrow it.

The goal is to solidify that right so we never get to that point. I wrote extensively on the purpose of the well-regulated militia in my book “Winning the Second Civil War: Without Firing a Shot. While we should never shy away from saying that there is a point of no return, we are all better served if the knowledge of an armed citizenry deters the statists.

If not and somehow they prevail, they can pry my AR15 from my cold dead hands. But I will be found atop a massive pile of expended brass with dead bodies stacked around me as fortifications. In all honesty the more likely scenario is we would prevail when the based parts of the military broke away from the woke and we frog-marched the Left off to Canada. But I digress into what would make an amazing movie or the plot from Kurt Schlichter’s mostly-fictional book series.

In his role as national blind squirrel even Joe Biden found a nut when he said “The Second Amendment is not absolute”. Not in the way he meant it which was, let’s just abandon it. But there are obviously restrictions like the National Firearms Act, which Scalia found Constitutional in Heller.

So, what are the gun control measures we should consider?

Before that, let’s get to the upside for us. There are two good reasons to find some bit of gun control we can stomach. One is that we gain a lot politically from any type of action. Now stop yelling at your computer again and walk with me.

The reason we got the brilliant and vital DC v Heller ruling was by electing politicians who would appoint a justice like Antonin Scalia. He took the most important gun rights and explained how the Constitution makes them the law of the land. We need more justices and judges like him, so we need to win elections.

I understand and believe in slippery slopes, so here is the other part of the payoff. In order to get any gun control votes from us at all a bill must contain the following language.

“Pursuant to the DC v Heller ruling and the Constitution, the right of the people to keep and bear arms is codified as an individual right to own any weapon in common use and suitable for service in the well-regulated militia, a non-governmental collection of all adult citizens.”

Feeling better? Now comes the hard part, what will we trade for that? Not much since we already own those freedoms. But there are some things on the Left’s wish list that do not, in my mind, infringe on our rights. There are also many that do. Let’s dispense with those first.

Assault Weapons Ban- No and Hell No. More likely we pass a ban on the use of the inaccurate and idiotic phrase “assault weapons”. Plus the part about “suitable for service in the militia” specifically expects a weapon that would be carried by a foot soldier.

Red Flag Laws- A less emphatic no because there could actually be some use in these. But the Left and the security organs of our state have shown they cannot be trusted with the administrative power to take away a Constitutional right. They are already trampling all over their political opponents and would love to be able to disarm us because…reasons.

They can blame themselves for making this a non-starter. Maybe show us some type of restraint and respect for our liberty and we can talk. Until then— Nope.

Now on to the art of the possible. I don’t know if these are the perfect answers, but I think we can manage them in return for codifying Heller into actual law.

Universal Background Checks- A way for sellers to find out if a buyer is restricted from buying a gun seems wise. Most of the objections I have heard center on the impositions a system would bring and the possibility of its use to create a database of gun owners. Those are reasonable concerns.

To address them we can say a system must be available online and return a simple yes or no on eligibility within 30 minutes. It may not request or capture any information on the transaction, simply provide the seller with proof that eligibility was confirmed or denied. Add a waiver for sales to family and I could live with this.

Large Capacity Magazines- The Heller rule of “In common use and suitable for militia use” means 30 round magazines for AR15s are covered. But there are a lot of 50 and 100 round magazines that I would have no heartburn over losing. Honestly, if you showed up for service in my militia with a 100 round drum on your AR, I’d have you doing push ups. They are unreliable and unnecessary.

Bump Stocks and Trigger Cranks- The NFA requires a large tax to own an automatic weapon. Any device specifically designed to defeat that ban is suspect from the start. In addition, the “suitable for use in a militia” rule could apply as well. The US military moved away from automatic fire on the issue weapon for troops because most of them simply sprayed ammunition all over without hitting anything. Bump stocks and trigger cranks are even worse.

There is always a danger to working with our enemies and never more than when it involves our most fundamental rights. But the gain here in turning the individual right from a ruling on the Constitution into actual law is a reward worth the risk. And when you add the political benefits that can solidify the judiciary, it becomes the smart play in my book

— Jim Hanson is Executive Director of America Matters and served in US Army Special Forces

Image: Fibonacci Blue, CC BY 2.0, via Wikimedia Commons