There’s an argument that the First and Second Amendments should be treated differently because of how they’re worded. The First flatly says “Congress shall make no law…,” which makes permits seem like an infringement. The Second, though, begins with “A well regulated Militia…,” and if we take “well regulated” seriously, it can be seen to imply regulation is part of the right itself rather than contrary to it. You could even push it to a more radical reading: that being free from excessive gun violence is itself an implied right, since “well regulated” might be taken to point in that direction.
Not necessarily saying I agree with that reading (honestly I don’t think I have the legal background to have a real opinion except oughts and shoulds) but it’s an argument I’ve seen made and it seems internally consistent.
There’s an argument that the First and Second Amendments should be treated differently because of how they’re worded. The First flatly says “Congress shall make no law…,” which makes permits seem like an infringement. The Second, though, begins with “A well regulated Militia…,” and if we take “well regulated” seriously, it can be seen to imply regulation is part of the right itself rather than contrary to it. You could even push it to a more radical reading: that being free from excessive gun violence is itself an implied right, since “well regulated” might be taken to point in that direction.
Not necessarily saying I agree with that reading (honestly I don’t think I have the legal background to have a real opinion except oughts and shoulds) but it’s an argument I’ve seen made and it seems internally consistent.