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Repealing the Second Amendment unlikely, constitution lawyer says

Repealing the Second Amendment would require two-thirds of the states in the country supporting a change. Federal lawmakers can barely agree on anything gun-related.

(NEWS CENTER Maine) -- After a former Supreme Court justice and President Donald Trump publicly disagreed over the possible repeal of the Second Amendment on Tuesday and Wednesday, thousands took to social media to debate the concept.

The Second Amendment reads: "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."

Much the debate concerns individual rights versus collective rights.

In a New York Times op-ed, former Supreme Court Associate Justice John Paul Stevens writes that students involved in their 'March for Our Lives' movement should "demand a repeal of the Second Amendment."

"Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of that amendment, which provides that “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.” Today that concern is a relic of the 18th century," he wrote.

President Trump fired back on Twitter, writing, "The Second Amendment will never be repealed!" He went on to right, "We need more Republicans in 2018 and must always hold the Supreme Court!

A repeal is no small task, though.

"What [Stevens is] proposing would be very difficult in reality," said constitutional lawyer Marshall Tinkle.

Repealing the Second Amendment would require two-thirds of the states in the country supporting a change. Federal lawmakers can barely agree on anything gun-related.

"It's like saying I'm too poor to open a grocery store so I'm opening a shopping mall instead," said Tinkle.

Viewers asked NEWS CENTER NOW their questions for the lawyer. Susan asked if a convicted felon's rights are being infringed upon. In Maine, and many other states, felons cannot possess firearms.

Tinkle said it is not unconstitutional to restrict people's rights to own guns -- the government already does. Other parts of the Bill of Rights, even the first Amendment,have restrictions too. Free speech is an unalienable right,but you cannot shout 'fire' in a crowded movie theater.

Andrew asked, "If the Second Amendment is outdated, isn't the whole Bill of Rights outdated?"

Many of the Bill of Rights still are very applicable today, including rules around search and seizure, cruel and unusual punishment, and making sure people get a fair shake in the court system.

"Many of them are clearly as relevant now as they always were," said Tinkle.

The one clear exception? The Third Amendment -- in which "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

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