Wednesday, May 30, 2018

2nd Amendment Myths

“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.”  —2nd Amendment to the United States Constitution, ratified by the States and certified by Secretary of State Thomas Jefferson, December 15, 1791.

Another week. Another mass killing. 17 incidences of school shootings this year alone. Almost one per week. More killing of our young people. “Thoughts and prayers” are everywhere; excuses proliferate; empty promises of action ring hollow; town hall “listening sessions” turn a deaf ear. Nothing is being done because the 2nd Amendment (and the campaign funds it generates) precludes action. All of the excuses for non-action read from an all too familiar script.

“I have an absolute Constitutional Right to own a gun of my choice.” All of our Rights are limited by the government’s overriding responsibility to protect the welfare and safety of the general public. My Right of free speech is limited by libel and slander laws. My Right to practice the religion of my choice requires me to extend that same right to others. My Right to be protected against unreasonable searches is overridden by a judicial subpoena. Reasonable regulations and processes wrap themselves around all Rights to which I am entitled. The weaponry of the 1790s is nowhere close to our killing capabilities of today. Our Rights must exist within the context of today’s realities.

“I am entitled to a gun as part of the defense and protection of my state.” In 1790, no standing federal army or state militia existed, as well as few centralized armories for storing military weaponry. Single-shot muskets were a necessary part of surviving everyday life on the frontiers, and our population was thinly scattered. State and national defense could be more economically and efficiently provided by convening a militia group as needed in an emergency, and then disbanding them until once again needed. The 2nd Amendment was therefore adopted to allow for this military defense strategy. Today, we have one of the biggest standing federal armies in the world, supported by the biggest military budget of any nation. We also now have a permanent “militia” – the standing National Guard in each state controlled by the individual governors. If one desires to defend his/her State today, one can join that state’s National Guard. The reality of 21st century life supersedes the needs and solutions of America 200+ years ago.

“The government is coming to take your guns.” It is the foremost scare-tactic employed by the NRA. Yet it has not happened. It is not going to happen – unless the killing gets so much worse while the NRA continues to resist even the simplest of reasonable fixes. Then there may arise a public desperate enough to stop the violence that they will use any means possible.

“Guns don’t kill people. People do.” If true, should we not then keep guns and people separated? We regulate automobiles, which kill thousands of people each year, and have recently been “weaponized” as another way to accomplish mass killings. We require a license, given upon completion of an exam that certifies “driving competency” and an understanding of the rules of car ownership. We require insurance to compensate those that might be harmed by our failures to drive safely, and revoke such licenses and provide legal penalties for abusing the privilege of driving. Like all Rights, automatic privilege is not the default. Rather, proof of competency is required first. That is why for generations one applied for a gun license, so that desire and authorization could be properly balanced consistent with all other Rights.

“I have the Right to carry a concealed weapon if I so choose.” A private property or business owner also has the right to disallow a concealed weapon on his/her premises. If “concealed carry” with no proof of justification is such a good idea, why do most all state legislatures, the U.S. Capital building, Secret Service protection rules, and public school and governmental office buildings disallow concealed guns – unless their legislatures (who do not allow it in their building) force them to? The hypocrisy of “it’s good for you but not for me” is striking.

“I need a gun for self-defense against a criminal.” Shooting another human being when being attacked requires training, experience, and mental calmness. In the hands of an amateur, such a self-defensive move can be more dangerous than from an attacker. Just ask any war veteran or police officer what that takes. Watch videos of inexperienced police officers caught up in a moment of escalating excessive force. Or ask Trayvon Martin, the young man in Florida killed by a self-styled “community watch volunteer” who panicked in the heat of the moment.

“Given my circumstances, I have a need for a gun.” For many people across the country, this is certainly true. The isolated resident in rural America can be highly likely to encounter dangerous wildlife that can harm persons, property or domestic animals.  There are also still many Americans who hunt game in order to feed their family. However, few of those situations require a military assault rifle either for defense or food gathering. A hunter who needs an automatic rifle to kill a defenseless deer is a danger to human life and should not be allowed in the forest. In the cities, there are few dangerous wildlife roaming the neighborhoods. In the infrequent times when that does happen, there are animal control or police professionals properly trained to deal with those instances.

“Mass shooters are mentally ill.” True, but how easily can we identify those with such illness? How do we feed that information into a system and process by which we can intervene quickly to prevent them from obtaining the weapons? This is especially difficult given that there are so many avenues for obtaining a gun that do not require the buyer to be identified.

“If you ban guns, only criminals will have guns.” This argument has been on bumper stickers for 70 years. Yes, some criminals will obtain a gun regardless of what we do or put into place. Nevertheless, we prohibit robbers from stealing. We prohibit tax evaders from not paying their share. We prohibit dealers in illegal drugs from poisoning our population. We prohibit business people from selling defective products. We do this even though there will always be those who choose to ignore those laws and inflict wrong on their neighbors. Do we simply throw up our hands and legalize all acts because some will not cooperate? Our laws define our expectations, which the majority of the people will observe. We should institute appropriate gun laws even while accepting that some minority of people will choose not to honor those rules.

“To prevent school shootings, we need to arm the teachers.” Teachers teach because they love their subject area, want to share it with inquisitive minds, and enjoy the satisfaction of seeing their students succeed. They did not get an education degree and teaching certification to become part of an armed defense force. Any more than the lawyer, the grocer, the manager, the movie theater operator, and the owner of Trump Tower took their job expecting to strap on a gun as they leave for work each morning. Protecting children in the school is the state’s responsibility for the safety of all citizens. We should not be spending millions of dollars in new gun sales for this inappropriate “solution.”

“These mass killings happen from copycat killers seeking notoriety.” Often true. Which is why the news media needs to quit glorifying these killers. Mass killers are typically people who feel powerless in their everyday world, and who see these acts as their one chance to get even – their road to fame, their opportunity to exert “power.” Plastering their face on our televisions screens, and telling their detailed life story, is exactly what they want. It is all about gaining attention through notoriety. The massive publicity about this “nobody” hidden in the shadows lays the groundwork for the next episode.

“I am not responsible.” It is the shared defense offered up by the gun manufacturer, the gun dealer, the trade associations and NRA, the elected legislator and politician, the paid lobbyist. Also the parent, the sibling and friend, the social worker, the lawyer and the courts, the law enforcement officer, our collective society as a whole. We say, “we are with you – the survivors,” but we are not. We promise to take action, but we do not. Collectively, we de facto accept the killing of our children in the classroom because we accept doing nothing to stop it. In the end, it has little to do with the 2nd Amendment. People continue to die, to be shooting targets in what has become an epidemic slaughter that can happen anywhere and any time. If all of us are not responsible, then who is?

© 2018   Randy Bell       

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