On Sunday, Steve Scalise joined Fox News in order to explain to its audience that red flag laws that are currently enacted in 19 states - violate the Second Amendment - and are therefore unconstitutional.
The Second Amendment which was ratified on December 15th 1791, 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.”
According to Jack Rakove who is a historian and professor at Stanford University: "Well-regulated in the 18th century tended to be something like well-organized, well-armed, well-disciplined." He then says that "It didn't mean 'regulation' in the sense that we use it now, in that it's not about the regulatory state. There's been nuance there. It means the militia was in an effective shape to fight."
The professor then says that: "The idea of a state militia would also be attractive because it serves as a deterrent against national tyranny," adding that "At the time, if government forces tried to take over land or overstep their boundaries, you'd have an institution in place -- the militia -- that would outnumber any army."
Scalise said that: “They literally come into your house and take away your gun without you even knowing that there was some kind of proceeding where somebody said, ‘Oh, I think that gun might be a threat,’”
Scalise told John Roberts: “Maybe somebody thought taking away a gun from a 19-year-old is going to solve a problem. It happens to be unconstitutional.”
“Focus on the root cause of the problem,” Scalise then went on to say. “Any immediate visceral reaction of Democrats in Washington is to go after the rights of gun owners in America — law abiding citizens using guns to defend themselves.”
However, there are Republicans that support stricter gun legislation such as Lindsay Graham.
Graham said that: “It should be done at the state level. But states that have these laws in place, maybe there are some things we can do in Washington to help them with resources to keep things like this from happening.”
He then continued: “Keep them out of the hands of people who shouldn’t have them to begin with because they are mentally unstable. There are a lot of states that have red flag laws. I would support a grant program to help states that choose to go down that road.”
Some Republican politicians are going further with their proposal; for example, Adam Kinzinger said that he is “open” to a complete ban on AR-15 rifles.