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Instance, is eager to take this up and that includes senate democrats. bernie sanders who is the uber progressive, his position on gun control is that is an issue for the states to decide nor does he think manufacturers of gun should be held liable for crimes committed with guns. elizabeth warren says she's in favor of what she calls sensible gun control. why the reluctance? the reluctance understand that they have at least a claim on some states, senate seats now like north dakota,. [inaudible] >> west virginia which same as second amendment like stephens has will probably lose seats forever....

That are held by republicans where gun control is not widespread. >> right, as both kim and dan alluded to, we have a very prosecond amendment congress right now, but we have midterm elections coming up and if democrats do manage to take control of congress, you could see the gun lobbies power diluted. we don't know if that has staying power or not. the bottom line here, people who support the second amendment tend to vote on that issue. people who support gun control, don't tend to vote on the issue. paul: well, kim, there's a lot of people think that actually in suburban districts gun contro...

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Paul: kim, the former justice was on the losing side in heller but it was only a 5-4 decision, his view of the second amendment is that it only applies to militias way back in 18th century. the majority of the supreme court took a different view but they didn't outlaw regulation of guns and constitutional amendment i think we all agree passing that to repeal the second amendment would be very hard, but you could -- >> not simple. >> but you could, not simple but you could have other supreme court judge rulings that eroded that at the margins, why don't you explain? >> yeah, that's why this is ...