The Second Amendment And Gun Rights.
Issue:
Should Congress, states and municipalities impose additional restrictions on the bearing of arms, such as the banning of certain weapons and ammunition and stronger requirements for background checks?
Deception:
The Second Amendment is invoked to defend a claim of an unbridled right of citizens to bear arms without regulation or restriction. This is deception.
History: The Second Amendment to the United States Constitution addresses the right to own and carry weapons. It was adopted on December 15, 1791 and is one of the first ten amendments which collectively are referred to as the "Bill of Rights".
Should Congress, states and municipalities impose additional restrictions on the bearing of arms, such as the banning of certain weapons and ammunition and stronger requirements for background checks?
Deception:
The Second Amendment is invoked to defend a claim of an unbridled right of citizens to bear arms without regulation or restriction. This is deception.
History: The Second Amendment to the United States Constitution addresses the right to own and carry weapons. It was adopted on December 15, 1791 and is one of the first ten amendments which collectively are referred to as the "Bill of Rights".
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. - Second Amendment to the United States Constitution
This is the version ratified by the states and authenticated by then Secretary of State, Thomas Jefferson. The version passed by Congress for ratification by the states contains two additional commas that were not included in the ratified version. The two extra commas (the first and third) are responsible for much of the debate surrounding the intent of this amendment: "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. Misplaced commas and awkward sentence structure are often the cause of confusion and litigation in law.
Reality:
Firearms have always been regulated.
The right to bear arms is already restricted and has been across the country throughout our history, with gun regulations changing all the time. Communities (local, state and national) regulate the carrying of weapons in public, impose restrictions on when and where they may be fired, ban ownership of certain weapons and impose background checks on many purchases etc.
Some of these restrictions are upheld by courts and some are struck down, but the precedent has long been well-established: citizens do not have an unfettered right to bear arms. One can argue the language of the amendment forever but that does not change the fact that no law, including constitutional amendment, is immune from interpretation and revision - and the Second Amendment, due to its lack of clear intent as noted previously, is particularly vulnerable to wide and contrary interpretation. The courts may rule that a particular regulation of firearms is contrary to the Second Amendment, but legislatures can rewrite statutes to circumvent the court ruling to one degree or another. Or a subsequent court case can result in a different ruling. Or Congress can send a new amendment to the states for ratification to repeal and replace the Second Amendment, as was done with the prohibition of alcoholic drinks.
Comparisons to the First Amendment:
There are no "sacred" rights in the United States and this includes the right to bear arms. The First Amendment, which establishes freedom of speech, of the press, of religion and of the rights to peaceably assemble and to petition for the redress of grievances has been subject to many restrictions since the birth of our nation. These restrictions include requirements that religious institutions not be completely immune from the law, that a person cannot yell "Fire!" in a crowded theater when no fire exists, and that one cannot make false statements or false accusations against private citizens.
The United States is a nation of laws and those laws can be changed in any way at any time. All amendments to the U.S. Constitution, as well as the Constitution itself, are open to interpretation and revision.
Resolution:
We should continue to examine the effects of gun ownership in our society, freely debate the regulation of guns and pass laws we feel are necessary for the safety and well-being of society. We should not allow the debate over the use and ownership of firearms to be shut down by those who would have us believe that the Second Amendment is a sacred cow - because it is not.
Solutions:
Several solutions beg to be implemented to discourage the all-too-frequent massacres committed by people with guns:
Epilogue:
Worship of firearm possession is practiced by a minority in the United States who refuse to accept full responsibility for their use of lethal weaponry in civil society. It is time for us to elevate our respect for human life above that of the right to bear arms.
Reality:
Firearms have always been regulated.
The right to bear arms is already restricted and has been across the country throughout our history, with gun regulations changing all the time. Communities (local, state and national) regulate the carrying of weapons in public, impose restrictions on when and where they may be fired, ban ownership of certain weapons and impose background checks on many purchases etc.
Some of these restrictions are upheld by courts and some are struck down, but the precedent has long been well-established: citizens do not have an unfettered right to bear arms. One can argue the language of the amendment forever but that does not change the fact that no law, including constitutional amendment, is immune from interpretation and revision - and the Second Amendment, due to its lack of clear intent as noted previously, is particularly vulnerable to wide and contrary interpretation. The courts may rule that a particular regulation of firearms is contrary to the Second Amendment, but legislatures can rewrite statutes to circumvent the court ruling to one degree or another. Or a subsequent court case can result in a different ruling. Or Congress can send a new amendment to the states for ratification to repeal and replace the Second Amendment, as was done with the prohibition of alcoholic drinks.
Comparisons to the First Amendment:
There are no "sacred" rights in the United States and this includes the right to bear arms. The First Amendment, which establishes freedom of speech, of the press, of religion and of the rights to peaceably assemble and to petition for the redress of grievances has been subject to many restrictions since the birth of our nation. These restrictions include requirements that religious institutions not be completely immune from the law, that a person cannot yell "Fire!" in a crowded theater when no fire exists, and that one cannot make false statements or false accusations against private citizens.
The United States is a nation of laws and those laws can be changed in any way at any time. All amendments to the U.S. Constitution, as well as the Constitution itself, are open to interpretation and revision.
Resolution:
We should continue to examine the effects of gun ownership in our society, freely debate the regulation of guns and pass laws we feel are necessary for the safety and well-being of society. We should not allow the debate over the use and ownership of firearms to be shut down by those who would have us believe that the Second Amendment is a sacred cow - because it is not.
Solutions:
Several solutions beg to be implemented to discourage the all-too-frequent massacres committed by people with guns:
- All gun and ammunition purchases, whether made at businesses, gun shows or through private parties must be subject to the possession of a firearms license authorized by a government background check;
- Gun ownership must be accompanied by insurance against their illegal or use in causing harm;
- Guns must be manufactured to "smart" standards, allowing their use only by biometric validation of the user;
- Guns must be registered and tracked in the same manner in which we register and track ownership of property, vehicles, hazardous materials etc.
- Any physical harm or death to a person by use of a gun must be subject to prosecution at trial - whether to ensure that the use of a lethal weapon was justified or to bring justice when it was not.
Epilogue:
Worship of firearm possession is practiced by a minority in the United States who refuse to accept full responsibility for their use of lethal weaponry in civil society. It is time for us to elevate our respect for human life above that of the right to bear arms.