#6 Musings Beyond The Bunker (Friday April 23)
Good morning,
GUN CONTROL
I’ve spent the better part of today reading and responding to the many comments people have made regarding gun control Let me try to restate my proposed changes, some requiring legislative action and others requiring the right case to be brought to the Supreme Court. I think it is unrealistic to expect a Constitutional amendment limiting the Second Amendment. It has been wrongly interpreted and it will take years, if not decades, to move the ball forward. But the argument that it’s hard—or that it won’t be perfect—or that things are a slippery slope—does not argue against starting now. American gun ownership is 120 guns per 100 citizens. Number two on the list is Yemen, with approximately half the per capita gun ownership, and they are in the midst of a hot civil war. It’s absurd, it is dangerous, it is affecting our body politic and it is costing lives and public safety. But here are some thoughts:
The Second Amendment Restricts the First Amendment and Constrains Private Property Rights. We have elevated the Second Amendment to the point that it now impedes the free exercise of the rights granted under the Constitution with respect to other activities. Open carry laws abound. In some states, concealed weapons are okay. States are acceding to individuals’ desire to openly carry guns or to require private property owners to allow guns on their property.
The ability to carry weapons in public spaces limits free speech and free assembly. They also intimidate voters. Let’s be clear what people are doing when they carry guns, or show up at the Michigan statehouse. They want to intimidate. This must stop.
Malls and office buildings want to limit the introduction of guns into their spaces. But laws in some states recently have been enacted prohibiting property owners from prohibiting guns on their property. As an aside, those who want to force property and business owners to allow customers to carry guns likely are the same people who want to let bakeries not do business with people wanting goods for Gay weddings.
Universal Background Checks Are Necessary
It is ridiculous that we don’t require background checks for gun show and private sales. Everyone should be checked and all guns should be registered.
Training is Required—and Regular Licensing
Just as we require driver education classes, learner’s permits, and relicensing, we should require gun education, passing a test on gun safety and periodic renewal of gun possession permits. If we have to prove driving proficiency and safety every five years, why not gun safety?
Limit the Type of Guns Sold
The argument against limiting the type of guns that can be sold is that it’s a “slippery slope” that is rife with definitional ambiguities, inconsistencies and misunderstandings. But let’s be clear—no one (at least not yet) is suggesting that shoulder launched anti-aircraft weapons and grenades are permitted under the Second Amendment. So where draw the line? Jesse Sharf points out:
“Iff you’re going to say “assault rifles”—what is an assault rifle? There are hunting rifles that have the same (or higher) range and penetrating power as a semi-automatic “ak47”. That does not justify the presence of those guns in our midst, but people think that saying “ban assault style rifles” means something specific. It does not, unless you mean powerful, long range guns that can be fired quickly and accurately.”
Fair enough. How about these rules, (a) nothing that is larger than a certain caliber, (b) nothing that has a magazine of more than six rounds, (c) nothing that can rapidly discharge rounds.
Jesse then points out another problem, “Ok, so what guns do you outlaw immediately, and how do you get those guns that are already in hands—law abiding or not, but let’s start with law abiding—out of people’s hands?”
I don’t think we are obligated to remove guns from people’s hands immediately. Right now we need to restrict them to people’s homes and limit their future sale. As to existing guns, let’s pay people to turn them in.
The Personal Protection Exception?
There are those who will continue to believe that handguns are valuable for personal protection. I disagree but will accept the argument. Then make it handguns but not automatic weapons.
There is, sadly, a difference between handguns and more powerful weapons that are used in mass shootings. With handguns, we still may have high suicide rates and the accidental discharge by their owners (or, worse, their children). But with handguns, the person who might die (or their family member) is making their own choice. With more powerful weapons, they are putting greater numbers of people at risk.
Upgrade the Background Check and Crime Registry
The federal database for background checks is underfunded and not all electronic. Let’s put a tax on guns and ammo to fund upgrading systems.
Red Flag Law Enforcement
We should make sure that judges and police departments are required to explain when they choose not to deny a gun pursuant to a red flag law.
Just Because the Founders Said It…
There is a lot of debate about the original intent of the framers. Let’s just remember a few things:
Just because they said it doesn’t make it gospel. They also condoned slavery and didn’t permit female suffrage.
Guns at the time the Constitution was adopted consisted of single shot muskets that required time to reload a second shot. They didn’t have and couldn’t conceive of the weapons of destruction that now can be carried on one’s person.
The Second Amendment has been intentionally misread. There is nothing that says “unlimited personal arsenals.” It says that gun ownership is protected as necessary to “a well regulated militia.” Remember those words—REGULATED and MILITIA. Defenders of wide Second Amendment applicability are against regulation and believe the limitation to militia apparently is mere surplussage.
All Amendments Have Limitations
Those who support unlimited Second Amendment protection will brook no compromise. They believe gun ownership is absolute. Yet all rights are limited. One can’t publish child pornography. One can’t yell “fire” in a crowded room. The fact is that, between the NRA and the gun and ammo manufacturers, Congress is loath to impose restrictions on gun ownership and purchase, notwithstanding widespread public support (including by rank and file NRA members). It’s about money in politics. But that’s another Musing…
Stay safe,
Glenn