Guns, Laws, and Common Sense: Not Mutually Exclusive

In light of the recent spike in mass shootings, the usual hysteria from both sides of the issue ensued. On the one hand we have those that propose to eliminate all firearms lacking any realistic proposal or plan for accomplishing such purpose, On the other, we have those that choose an unsupported interpretation of the Second Amendment as prohibiting ANY laws that restrict or control private, non-militia related possession of weapons regardless of the nature of those weapons.

One of the things I find most frustrating about discourse of opinions in this country is the lack of foundation upon which most people base their argument. I am willing to bet many of the strongest supporters of the right to own firearms have never read the Second Amendment. I bet the same holds true for those that hold the opposite opinion.

They chant slogans and rhetoric without any fundamental understanding of the complexities involved.

For those of you so inclined to explore issues with a sense of logic and fullness of examination, I invite you to read a dissent by Justice John Paul Stevens (a Republican appointee by President Ford) in the case DISTRICT OF COLUMBIA v. HELLER (No. 07-290) 478 F. 3d 370, affirmed.

Take the time to read the case, but here are some selected quotes

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

“The view of the Amendment we took in Miller (Miller, 307 U. S., at 178. )—that it protects the right to keep and bear arms for certain military purposes, but that it does not curtail the Legislature’s power to regulate the nonmilitary use and ownership of weapons—is both the most natural reading of the Amendment’s text and the interpretation most faithful to the history of its adoption”

“Since our decision in Miller, hundreds of judges have relied on the view of the Amendment we endorsed there we ourselves affirmed it in 1980. See Lewis v. United States, 445 U. S. 55, 65–66, n. 8 (1980).3 No new evidence has surfaced since 1980 supporting the view that the Amendment was intended to curtail the power of Congress to regulate civilian use or misuse of weapons. Indeed, a review of the drafting history of the Amendment demonstrates that its Framers rejected proposals that would have broadened its coverage to include such uses.”

“With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view. “The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia—civilians primarily, soldiers on occasion. “The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators.” Miller, 307 U. S., at 178–179.

What is clear is that the Second Amendment does not prohibit the states from enacting legislation to impose controls on the private, i.e. non-militia related, possession and use of firearms.

Now let me be clear, I do not oppose private ownership of firearms. I am not opposed to hunting, not opposed to recreational shooting but I think we all must acknowledge the risk that firearms pose to society.

Which leads us to access to firearms. If the NRA is so strongly supportive of the so-called “right” to bear arms, why would they be opposed to stringent regulations regarding purchasing and carrying these same weapons?

If the claim that “guns don’t kill people, people kill people” is true, then let’s ensure those “people” that obtain firearms do so honestly, are qualified to do so, and maintain that qualification. The goal being equal protection for everyone.

Here are my modest suggestions for dealing with the issues.

  1. Background checks for all firearms purchases
  2. Automatic relinquishment of all firearms upon conviction for any felony or possessing a firearm while intoxicated with a lifetime ban on ownership.
  3. Mandatory licensing of all persons owning firearms with annual renewals (we require hairdressers to renew their license more often than a gun permit)
  4. Seven day waiting periods for any purchase (pistol, long gun, or shotgun)
  5. Minimum mandatory sentence of 10 years for any criminal act committed while in possession of a firearm, 20 years for the use of a firearm during the commission of a crime. (Perfect opportunity to empty the prisons of non-violent drug offenders and replace them with gun violators)
  6. Mandatory drug screening for all firearms licenses
  7. Mandatory liability insurance for all gun owners.

The other argument is that those that commit these acts suffer from mental disabilities. Here is a perfect opportunity to add some additional benefit to the Affordable Care act that even the most strident opponent could support.

Take all of the tax revenue from the sale of firearms, ammunition, licenses, or any firearm related items and direct it toward access to mental health treatment. Sounds like the proverbial win-win to me.

Here is another rather interesting read, http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No2_KatesMauseronline.pdf

The article dispels certain misconceptions about weapons and the dangers posed and underscore others. Remember knowledge is power, some would prefer to keep us in the dark. Don’t let that happen.

This is a dangerous world. It would seem to me that the American people, if they truly believe this to be the greatest country on the Earth, are wise enough to recognize we have a problem in this country and an obligation to deal with it. Isn’t it enough that a parent worries about things that can happen to a child without adding sending them off to college as a calculated risk?

There are many smart people in this country, unfortunately very few run for office. We need to encourage intelligent dialog to deal with the problem of gun violence, not useless pandering to a select few.

Some would suggest that arming everyone is the solution. I think about that whenever I see images from other countries with everyone firing AK-47’s in the air and driving Toyota pickup trucks with anti-aircraft weapons.

I do not want to live in an America that is nothing more than an armed camp. The idea that we can eliminate all risk is silly, life is full of uncertainty; the idea that we cannot find a realistic solution to such a serious problem is nonsense. All it takes is for all of us to pay attention, understand the truth, and demand that those in position to find solutions do so or face finding a new place to live besides Washington DC.

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About Joe Broadmeadow

Joe Broadmeadow retired with the rank of Captain from the East Providence Police Department after serving for 20 years. He is the author of the novels Collision Course, Silenced Justice, and Saving the Last Dragon available on Amazon in print and Kindle. Joe is working o the latest in a series of Josh Williams and Harrison "Hawk" Bennett novels and a sequel to Saving the Last Dragon. In 2014 Joe completed a 2,185 mile thru-hike of the Appalachian Trail
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