In America, the right to bear arms is constantly being scrutinized and defended, especially following mass murders committed by American citizens like in Aurora, Colorado and Newtown, Connecticut. Fundamentally, debates between gun rights advocates and gun control advocates revolve around the second amendment to the Constitution—its language, its context, and even its authors. If you argue long enough with folks from either side, you will inevitably hear attempts to support their viewpoints with “evidence” based on what the founding fathers intended when they wrote the amendment.
Those who favor restrictions on firearms will suggest that the authors of the second amendment intended that such a right only apply to “a well regulated militia,” or today’s equivalent of military and police personnel. This interpretation would not necessarily mean that private citizens cannot own guns today; it just means that they would not have a constitutionally protected right to do so.
Those who oppose restrictions on firearms suggest that the authors of the second amendment intended absolute freedom for private citizens to protect themselves through “the right of the people to keep and bear arms.” This interpretation seems to hinge on the phrase, “shall not be infringed.” According to this interpretation, any attempt by the government to limit access to firearms or to regulate the types of firearms and ammunition a citizen can possess would be considered an infringement of a Constitutional right.
Now, arguing an ideological point based on what may or may not have been going through the minds of a few men over two hundred years ago seems like a flimsy way to justify an opinion of the second amendment. However, supporters of stringent regulations on guns and ammunition should concede that gun rights advocates’ interpretation of the founders’ intentions is absolutely correct. That’s right, they should completely accept the argument that the authors of the second amendment intended for the right to bear arms to extend to civilians and remain unchecked by any governmental authority.
This appears to be a counterintuitive approach for gun control, but with such a major concession comes some bad news for the NRA. If gun control advocates accept the conjecture of their opponents as indisputable, the following two stipulations would also have to apply:
1. The founding fathers would have intended for citizens to bear the arms of the late 18th century. These included single shot muskets, long rifles, and dueling pistols. Samuel Colt’s iconic revolver, which increased killing power six-fold, was not even a twinkle in the gunsmith’s eye when the language of the second amendment was written. Based on gun rights advocates’ logic regarding the founders’ intentions of individual gun rights, there could categorically be no Constitutional protection for the possession of the semiautomatic handguns and assault rifles of today.
2. The second amendment and the Bill of Rights were not intended to apply to Native Americans, women, African-Americans, the physically disabled, or the poor. In effect, the second amendment that gun rights advocates champion when they rely on the intentions of the authors would only protect white male landowners.
Many U.S. citizens fed up with domestic mass murders committed in public places are all but ready to repeal the second amendment. This is an overreaction based on emotion; instead, maybe they should simply accept the longstanding argument of gun rights advocates–the same argument that would consequently restrict civilian firearms to 18th century single-shot rifles, muskets, and pistols. I would hope however, that the gun rights folks would be willing to stray from their conjectural logic enough to allow all Americans to exercise the right of self-defense by firearm, not just those who share the skin color, socioeconomic status, and gender of the second amendment’s authors.
Mark Moore - commentary on the gospel, baseball, and other stuff said:
Jason:
Sorry I’ve not had to disagree with your recent posts, but I’ve been distracted by a whole host of things. I’ve not even had time to write my own blog!
But, life has settled down and should return to the normal routine soon.
When I initially read this post, I wanted to reply immediately but was prevented from doing so. Probably a good thing! Now that I’ve had time to ruminate on your musings, I’m thinking your point regarding gun control, specifically the 2nd Amendment, is hyperbole.
Hopefully, that’s the case.
Best wishes, and go Braves!
J. Palmer said:
Mark,
Thanks for checking in. I can certainly relate to not having time to write—a problem compounded by an election cycle hangover leaving me with little energy and very few flashes of inspiration.
As far as my point regarding the 2nd amendment, it is hyperbole, but my point regarding how people attempt to support their interpretations is certainly not. There is a lack of intelligent debate in this country surrounding almost everything political, and with guns being a hot topic, I couldn’t help but try to illustrate how most folks justify their own opinions with pure conjecture. This is a major reason why certain problems, like gun control, are not progressing toward logical solutions.
I guess I am just more concerned with the way some things are being debated, rather than the topics or outcomes of the debates themselves. As a country, we will never achieve logical solutions to our problems so long as people are committed to illogical methods of debate.
For the record, my evolving position regarding guns has led me to the following conclusion:
Americans should have a right to own guns–semiautomatic, fully automatic or otherwise. Some people say that the “well regulated militia” that the authors of the second amendment were referring to included civilians, and that is tough to dispute considering the militia back then was a civilian militia. Therefore, according to some, the right should still extend to civilians. Fine. I can accept that–even though with the largest army in the world, we no longer have a need for a civilian militia to defend ourselves against an invading Britain. However, I believe that folks who want to be part of this modern-day “well-regulated militia,” whether to protect their country against enemy invaders or just to protect their lives and property, need to be well-regulated. In other words, if you want to be part of the militia, you should be subject to the same exact criminal background checks, drug screenings, psych evaluations, medical background checks, and intensive firearms training that the actual “militia” (i.e. police and military personnel) are subject to.
If you have unpaid parking tickets, no gun for you.
You like to get high? No gun for you.
ADHD? No gun for you (how are you going to focus on the right target?). And if you are treating your ADHD with meds, see disqualifier #2.
Can’t hit a human target at 20 yards? No gun for you (you pose a threat to everything around you when you fire your weapon).
I understand that this kind of stringent gun control would leave many people without a lethal means of protecting themselves (the elderly, disabled, etc.), but these folks would just have to rely on alternative non-lethal means of self-defense, and that is one direction the gun control debate unfortunately never goes. We can send a text message to satellites in outer space and back to Earth in milliseconds, but we can’t find effective ways to incapacitate another human being without killing him?
There are solutions, but if both sides of any critical issue continue thinking inside their old and often illogical boxes, we will never see them.
Mark Moore - commentary on the gospel, baseball, and other stuff said:
J.
Wow! Well said. And, your point is made.
The gun that is sitting in the corner of my closet is causing no harm to anyone. Yet, it can be an instrument of destruction if misused. Or, used by someone incapable of proper use.
As a conservative/traditional citizen, I’m concerned about the “slippery slope” that we approach when some weapons are banned. For instance, I don’t see the point of possessing an assault rifle, but if those are banned, what’s next?
I own several rifles and shotguns, and none can hold/shoot more than 5 rounds before reloading, My fear is that those who want to ban assault rifles will eventually attack sporting guns.
In my state, a citizen is required to pass a safety course before they can have the privilege to hunt. It’s a one-time course, and you’re given a number that stays with you as long as you purchase licenses.
I see no issue in requiring the same of those who want to possess firearms, be they assault weapons or sporting weapons. Much could be determined about an individual in that process.
So, kudos to you, Jason, for presenting a real solution!
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Raunak said:
I would go along with Chris Rock’s solution: We should not have gun control…we should have bullet control. Make each bullet cost 5000 bucks so that it is used only when it is really really required. Tax the ammunition manufacturers big time.
To that I would add that every bullet should be insured so that if it has been used for self defense, the government reimburses the citizen the 5000 bucks.
Mark Moore - commentary on the gospel, baseball, and other stuff said:
Raunak:
The point of Jason’s post is for logical, rational solutions to gun ownership and control. Your response does not even come close to that. Unless, of course, your response is hyperbole. Even then, I’m not sure making ammo difficult to acquire is right. Guns…ammo…both are protected by the 2nd Amendment.
I still propose that everyone who has, or wants, a gun get licensed to use it. That would help filter out the crazies.
Raunak said:
Mark, and you think that making ammunition expensive is not logical? there is obviously no one measure that will guarantee absolute safety. You do not have to be mentally ill to go on a shooting spree…a stable mind too can turn into a devil in a fit of rage.
Increasing the cost of owning bullets can be one of the steps. This will make you use the bullets only when there is absolute necessity. And government reimbursing the amount in case of self defence is a logical proposal too.
Bubba said:
Raunak- You obviously do not own a gun or you would realize that responsible gun owners go to the shhoting range and practice shooting so if the time comes, they are prepared and hit their target. At $5000 a bullet, I would have spent $1 million at the range last night testing and getting used to my new pistol. Not to mention the government just put in an order for something like 1 billion rounds of ammo, Think we have a debt crisis now, wait till ammo cost $5000.
And I am no history expert but I was pretty sure the well regulated militia was to be incase the government needed to be overthrown, ie to stop a Hitler from happening again.
J. Palmer said:
Mr. Bubba,
What safeguards do you propose to ensure that our militia is indeed “well regulated”?
Bubba said:
I do agree with background checks. If you sell a gun it should have to be throiugh a dealer that would run checks for the new buyer. There should be harsh penalties for gun owners that do not protect their gun such as a kid taking it or stolen from house or car not locked up. An overwhelming majority of crimes are done with hand guns. Assult weapon bans are not going to accomplish anything. Magazine sizes also will not deter any crime. It takes only a couple of seconds to change out a magazine in a gun. Most of the crazies that do the mass shootings have a history of mental problems that are known. That info should also be know for background checks only if you want a gun.
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