Friday, April 27, 2007

Yes to Gun Control

I write in response to the reborn debate about America, violence, and its guns. The right to carry "bear arms" is written into the Constitution.
"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."

Gun advocates hold this up as the high ground in the debate. The fight to interpret the amendment in its original intent has been highjacked by those who choose to ignore the first two clauses and focus entirely on the last two. The idea that liberal legal scholars strongly doubt that the Framers intended the right to bear arms and form a militia be transformed into the right to carry and use concealed weapons has become a lost argument.

To think that the right to bear arms is on par with the freedoms of religion and free speech is simply irrational. This re-interpretation of the Bill of Rights now protects gun owners from any kind of legislation or control and pretty much stifles all talk of Gun Control. Gun Control activists are resigned to working around the edges and congratulating themselves if small incremental changes are achieved.

No significant gun control legislation has been passed since the early 1990's. With gun control pretty thoroughly defeated, we are at the mercy of the gun lobby, the NRA, and the gun merchants who are dedicated to arming the citizens of the United States. If you want to see what arming the populace looks looks like, check Somalia, or the Sudan, and of course Iraq. America is the arms merchant for the world. We specialize in "self protection." Selling guns and munitions is one of the things we do best.

UPDATE: The following was submitted as a letter to the editor on 4/27/07.

The strongest most important solution to the problem of gun control can be summed up with these words:
"The second article of amendment to the Constitution of the United States is hereby repealed."

Gun owners do not need constitutional protections to own as many guns as they wish. Gun owners need not fear that their guns will be taken away. Sportsmen, hobbyists, and NRA members of all stripes needn't wrap themselves in the Bill of Rights to own and carry guns any more than if you needed a constitutional amendment guaranteeing the right to buy a car, a boat, or fly an airplane, all potentially dangerous but heavily regulated activities.

Guns do, however, need to be regulated by the federal government. Gun owners do need to be well trained and licensed to be able to properly and safely use their guns. Our food, our factories, our highways, and even our system of justice depend on federal and state regulation to insure the protection of all of us from potential danger. None of these regulations inhibit our life styles or demolish our freedoms. On the contrary, our lives are enhanced and much, much safer than if all these regulations were removed.

Gun Activists need to give a little, but so do the Gun Controllers. Gun Activists should be willing to give up the 2nd Amendment and submit to federal safety and licensing regulations. They need to stop complaining about "taking away our rights" and submit basic, pragmatic guarantees of safety to the non-gun owning populace. Gun Controllers should agree to allow guns to be kept, bought, and sold according to federal safety regulations.

We could of course go back to the original 18th century antiquated intent of the 2nd Amendment. Simply disband the Federal Armed Forces, let every community, every town and city form a militia for their own protection, and require every citizen buy a weapon of choice to join in the common defense.

2 comments:

Anonymous said...

This from Doc Chapman: Don’t Undercut Second Amendment Posted 2007-06-01


Despite his native intelligence and long history of reasonableness, my friend Brent Holl’s impassioned plea to repeal the Second Amendment is rife with serious flaws ("Important Gun Solution," May 23).

The first error is in the assumption that gun owners do not need constitutional protections to own as many guns as they wish. The Framers, largely through their own experiences, knew that ALL our citizens need certain constitutional protections.

Thus, right-wing crazies and peaceniks alike are protected by the Second Amendment.

Brent claims that gun owners need not fear that guns will be confiscated. But, Hitler, Stalin, Amin and Duvalier proved that limiting gun ownership to a chosen band of thuggish enforcers protected unfettered terrorism and murder of their own citizenry.

No one can "guarantee" that any of our other Amendments would not be repealed. But, the Second Amendment virtually guarantees that TYRANTS will not prevail in that effort.

As a Certified Firearms Instructor (VA and NRA), and former Gun Show Safety Director, I have met only a half-dozen or so people who seriously believe that "someone might take away" our rights. The vast majority of gun owners are quite reasonable. They possess one to three firearms and most of those are rifles and shotguns used for hunting. The actual number of people harmed every year through firearm uses are (and here’s that craw-sticking phrase) "statistically insignificant in proportion to the number of firearms possessed by an overwhelmingly large population of law-abiding citizens" (including police and military). The vast majority of gun owners will never, ever harm another human being. And, they don’t want to.

This is not to belittle tragedy. But, all so-called "accidental shootings" are actually negligent discharges caused by the failure of gun owners to follow the basic rules of firearm safety – written by the NRA – and vigorously taught and observed by the vast majority of its members as well as non-members.

Criminal intent cannot be prevented by safety rules or the repeal of the Second Amendment. Statistically proved, there are more than one million criminal acts thwarted each year by the PROPER use of a firearm – usually without firing a shot!

My friend calls on gun owners to "submit basic, pragmatic guarantees of safety to the non-gun owning populace." A reasonable sounding yet sadly flawed ideal.

Assuming that a consensus of safety rules beyond those taught by the NRA could be formulated (and would pass muster), who should decide what constitutes "basic, pragmatic guarantees of safety" and to whom should such guarantees be submitted? The Church of the Brethren? PETA? Al Qaeda? How can anyone guarantee another person’s safety?

Answer? No one can. Safety is a state of mind. Education and experience are the keys to a safe environment and a safe state of mind. And I DO support amendments to laws limiting firearm ownership to those without serious mental deficiencies as seen in the tragic case of Virginia Tech, as well as tightening gun show laws.

Our Second Amendment does not guarantee the right to sell guns without background checks. But, new laws limiting certain types of gun show sales are supported by gun owners, though many will not say so publicly. As a firearms professional, I support reasonable gun show sales restrictions.

And finally, Brent, to be fair, the same amendments guaranteeing you the right to free speech, to be safe from unreasonable search and seizure, to not have troops quartered in your home without your consent, and the right to a fair trial, are all backed by the full faith and credit of our Declaration of Independence: "Life, Liberty and the Pursuit of Happiness."

And those, my fine and learned friend, are backed by the Second Amendment.

As for Mr. Holl’s last suggestion: although it might be fun (for about a week, maybe) to revert to 18th century traditions of martial law and order, I’m certain that method of protectionism would soon cause numerous citizens to fall prey to less honorable men: uncouth, unfettered, armed and dangerous. Thank you, we have enough of these already.

Oh yes, and rap music has been proven to incite gun violence among its would-be hip, gun-toting, felonious devotees. I can’t stand rap music and I consider it non-musical. So, should we ban rap music? Not on your life. And, unlike Mr. Holl, I would defend, with my life if necessary, the right for others to listen to and play rap music.

The rights of the many shall inure to the benefit of all.

Want to kill something? Kill your habit of watching sensationalist TV.

— Robert Chapman is a resident of Broadway.

Brent Holl said...

Great to hear from you Doc! Just like old times. :) Sounds like we've been around with this before!

In response to my good friend Doc Chapman (June 1 "Don't Undercut the 2nd Amendment") Regarding the idea that we need the 2nd Amendment to protect us from future tyrants and dictators... Aren't you proving my statement that the 2nd Amendment is out of date? Do you really think that America will be taken over by a Stalin, a Hitler, et al? Do I need to be afraid of this too?

Regarding the 2nd amendment as protecting the 4th amendment... My friend, we are already suffering illegal searches and seizures in our domestic and international communications. Possession of a gun is no defense for these 4th amendment violations.

Regarding your expertise in the area of firearms... I'm truly glad that you are knowledgeable and expert in the field and I respect your advice and counsel in this area. I'm very reassured by your comments about gun shows, and licensing of firearms. I have no quarrel with collectors, private investigators, and law-abiding citizens who own and know how to use guns safely.

I am worried about the excesses. The assault weapons, the beyond-belief firepower, the ease of obtaining firearms illegally, and the over-the-top rhetoric of the NRA in supporting any and all guns and opposing any controls on ANY uses of firearms.

Oh yeah... I don't like RAP music either and I'm totally against any of that sensationalist, commercial, socially reprehensible TV, (except of course the show that I happen to be watching at the time!)

Peace.

Brent