Actually, no it doesn't. I like America, and Americans but one thing that properly bugs me is (half) bang on about the 2nd amendmen (whilst getting it wrong)t, the other half just seem to accept it.
2nd amendment doesnt allow citizens to have guns
Sure it does. The Second Amendment (to the US Constitution, which has equal standing as every other provision of the document) is fairly straightforward:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The Second Amendment clearly contemplates legislative limitations on what "arms" the people "may keep and bear". Congress has banned the private ownership of nuclear weapons and other heavy armaments as well as automatic weapons, quite properly so in my opinion.
The US Supreme Court decided a landmark case in 2008,
District of Columbia v Heller: http://www.law.cornell.edu/supct/html/07-290.ZS.html (I will quote the holding in full below, lest you think I'm making this up) which holds that the Second Amendment protects an individual right to possess a firearm. It is not contingent on service in a militia nor any other government-sanctioned purpose such. But to be clear, a vast range of limitations on the use of firearms is constitutional.
Held:
1. The
Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the
Second Amendment . Pp. 28–30.
(d) The
Second Amendment ’s drafting history, while of dubious interpretive worth, reveals three state
Second Amendmentproposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the
Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither
United States v.
Cruikshank,
92 U. S. 542 , nor
Presser v.
Illinois,
116 U. S. 252 , refutes the individual-rights interpretation.
United States v.
Miller,
307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia,
i.e., those in common use for lawful purposes. Pp. 47–54.
One may wish to disagree with the Court's decision, but it would be very wrong to suggest that this decision -- that the Second Amendment protects an individual right to own a firearm -- does not exist.
Now that we've dispensed with the "the Second Amendment doesn't allow citizens to have guns" argument, we can go back to discussing the wisdom of various restrictions on the use of guns. I tend to be fall more on the "gun control" side of the debate than on the "concealed carry" side of the debate. I see no upside to anyone bringing their guns to WalMart and I see a lot of downside to it, as we saw on Idaho. I see great upside and no downside in background check laws and applying those laws to the sale/purchase of guns at gun shows.