To deny anyone the right to defend themselves with a firearm is a denial of the right to life. This includes those with a felony conviction.
“The NRA reports guns prevent over 2.5 million crimes a year, or 6,849 every day. Most often, the gun is never fired, and no blood is shed. Over 400,000 life-threatening violent crimes are prevented every year using firearms and 60% of criminals said they avoided committing crimes when a victim was armed. Fewer than 1% of all firearms are used in the commission of a crime. Yet that same group said they'd use a firearm to defend their nation! That's the true intent of the 2nd Amendment.” quoting William Haupt III.
This podcast and brief is a discussion of "The Second Amendment Has No Exceptions" by Laurence M. Vance. He argues (correctly) that the Second Amendment of the U.S. Constitution, guaranteeing the right to bear arms, should have no exceptions. The author posits that, similar to some arguments against abortion exceptions, gun control measures often create unauthorized limitations on this right.
Vance's central thesis is that the Second Amendment, as written, is absolute and permits no exceptions. He states unequivocally, "It is clear that the Second Amendment has no exceptions." This includes, but is not limited to, restrictions based on:
Licensing
Background checks
Registration
Age
Concealed weapons
Gun shows
Specific weapon types (e.g., "sawed-off shotguns, assault rifles, extended-capacity magazines, high caliber guns and ammunition, automatic weapons, or bazookas").
B. Critique of Federal Firearms Prohibitions: Vance directly challenges current federal statutes, specifically 18 U.S. Code Chapter 44 Part I – FIREARMS, §922 – Unlawful acts, which prohibits firearms and ammunition for various categories of individuals. These categories include:
Persons "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year."
Individuals convicted of domestic violence.
Those dishonorably discharged from the Armed Forces.
Fugitives from justice.
Unlawful drug users.
Individuals committed to a mental institution.
Illegal aliens.
Those who have renounced their citizenship.
Individuals with a restraining order issued against them.
Vance criticizes the blanket nature of these prohibitions, particularly for felony convictions, arguing that they "It does not take into account how long ago the conviction occurred, the nature of the offense, the penalty that was imposed, the jail time that was served, or what the perpetrator has done with his life since the incident occurred."
C. The Case of Melynda Vincent as a Central Example: The article uses the case of Melynda Vincent to exemplify the perceived injustice and unconstitutionality of current federal gun laws. Vincent, convicted of a non-violent federal felony (bank fraud for a $498.12 bad check) in 2008, has since rehabilitated, earned multiple degrees, and become a social worker and founder of a non-profit organization. Despite her positive contributions, she is "not legally permitted to own a gun," which Vance sees as a direct violation of her Second Amendment rights. Her unsuccessful legal challenges highlight the conflict between federal law and Vance's interpretation of the Second Amendment.
D. Distinction Between Federal and State Authority: Vance explicitly states that if any restrictions on gun ownership for convicted felons are to exist, "then they should be enacted on the state level." This suggests a belief in a division of powers, where the federal government has no constitutional authority to infringe upon the Second Amendment right, leaving such regulatory power, if any, to individual states.
E. Skepticism Regarding Felony Classifications and Recidivism: Vance expresses nuanced views on restricting gun ownership for felons, stating, "Do I want convicted felons to be able to own guns? It depends on the felon and on the conviction." He argues that:
"many crimes that are classified as felonies should be misdemeanors or no crime at all."
"no convicted murderer should be permitted to own a gun for the simple reason that no convicted murderer should ever be let out of prison."
Individuals committing violent gun crimes are unlikely to be deterred by gun laws.
However, he consistently reiterates that "But regardless of my opinion regarding state laws, the Second Amendment is very clear: It has no exceptions, not even for convicted felons."
Most Important Ideas or Facts
The Second Amendment's Text: "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."
Vance's Core Interpretation: The Second Amendment "has no exceptions."
Federal Disarmament Laws: 18 U.S. Code Chapter 44 Part I – FIREARMS, §922 – Unlawful acts, specifically §922(g)(1), disarms individuals convicted of crimes punishable by imprisonment for a term exceeding one year.
Broad Scope of Federal Prohibitions: Beyond felons, federal law disarms individuals for domestic violence convictions, dishonorable discharges, fugitive status, unlawful drug use, mental institution commitment, illegal alien status, renounced citizenship, and restraining orders.
Prevalence of Nonviolent Felonies: "over 95 percent of federal felony convictions and over 80 percent of state felony convictions were for nonviolent crimes." (Prison Policy Initiative cited).
Melynda Vincent's Case: A rehabilitated individual with a non-violent felony conviction ($498.12 bad check) is permanently disarmed, illustrating the perceived overreach of federal law. Her case, Vincent v. Bondi (2025), is pending Supreme Court review.
The "Broader Issue": "Does the Second Amendment allow the federal government to disarm — temporarily or permanently — anyone for any reason? The answer to both questions is, of course, no."
State vs. Federal Authority: Vance believes any gun restrictions should be enacted at the state level, not federal.
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