Friday, October 27, 2017

After the latest shooting tragedy, what next?

For nearly a month now, partisans of both sides have been scrambling to use the tragic shootings in Las Vegas to advance or defend their preexisting opinions about the Second Amendment and gun control.  As each side spins the tragic facts to support their own agenda, a few reasonable people in the middle are trying to discuss how we should respond to this obvious and ongoing threat.

What’s the best course of action?  To ban all guns, disarming the law-abiding along with the criminal?  To double down on gun rights despite the danger of easy access by criminally insane persons?  Here I offer some opinions that are sure to anger extremists on both sides of the debate.

For that reason alone, I believe it might contain the seeds of a real solution.

The Second Amendment to the Constitution of the United States of America:

 
"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."

Note the two parts:

(1) "...the right of the people to keep and bear arms shall not be infringed.”

(2) "A well-regulated Militia, being necessary to the security of a free State..."

Both parts of this amendment were included intentionally and both parts are absolutely essential.  The political 'Left,' always eager for more gun control, forgets or ignores that the right of the people to bear arms is a constitutional right.  The political 'Right,' too often willing to sacrifice public safety in defense of a political position, forgets or ignores the fact that defending public safety is the true intent of the amendment. 

The government cannot ban all firearms.  The Constitution forbids it, and armed citizens are indeed a protection against tyranny.

The intent of the Second Amendment is to protect the safety and security of the people of the United States by ensuring the continuing existence of militias. 

Militias are for the protection of the people.  Whether the enemy is a foreign power, or an invasion, or terrorists, or an illegal uprising, then militias can support the armed forces, much like the National Guard does now. 

But if the U.S. government becomes the instrument of tyranny, the militia can - when other remedies are exhausted - be turned against an illegal and despotic regime.

The Second Amendment is designed to protect the right of small groups of Americans, agreeing on the necessity and operating cooperatively as well-trained, disciplined militias, to protect the people from danger or if necessary to check the power of an out-of-control government. 

But notice:  The right to keep and bear arms in opposition to the government is intended to be exercised in communal response, by "well-regulated" militia, a group of citizens operating together in united opposition to tyranny.  Not by any individual angry at the government.  That way leads to anarchy.

The Second Amendment guarantees the people the right to keep and bear arms.  It suggests that this right shall be exercised, at least in part, in and through local militias.

This does not mean citizens can only have firearms that are kept by the militia in the armory.  The people have the right to “keep and bear” arms.  The people have a right to own firearms sufficient for their own protection.

This does not mean anyone can at any time for any reason, acquire and own any type of firearm he or she chooses.  Whereas the right of self-defense is absolute, the right of armed resistance resides with the militia, not the individual.

Can anyone on the political ‘Right’ reasonably argue that the Framers of the Constitution intended criminal or insane people to retain the right to firearms?  No.  Can anyone on the political ‘Left’ reasonably argue that the Framers of the Constitution intended that the government should be able to ban all guns from the populace? No.  The Second Amendment is a double-edged sword, cutting against political extremists of both persuasions.

The government can never ban all firearms, leaving the people helpless against enemies foreign or domestic.  Individual citizens who are neither criminal nor insane, who are trained and "well-regulated," retain the right to keep and own firearms.

Other than when acting in self-defense against an immediate threat, individual citizens do not have the right to act in armed rebellion against the government.

Well-regulated militias, operating as a communal or political entity in support of the greater good of the people, have the right to use armed force to check the power of an out-of-control government that is exerting power in unconstitutional ways. In concept, the well-regulated militia is much like the jury.  The jury exercises its legal power to condemn a criminal based on well-considered facts, the law, and the good sense of the jury members acting in unison.  The militia may exercise its power to take arms against a rogue government based on well-considered facts, the law, and the good sense of the militia members acting in unison. 

A good faith interpretation of the Second Amendment and common sense dictate that:

·          Government should not attempt to prohibit law-abiding citizens from owning firearms appropriate for their own defense.

·         Government has the right to reasonably regulate firearms in support of public safety.

·         Only well-regulated militias should keep firearms of sufficient power to repel invader, put down an insurrection, or take down a rogue government. 

In practical application this means that any citizen who is not a felon or mentally unstable should be free to own and carry firearms for self-defense. Any citizen should be able to own one or two or several non-automatic pistols or rifles.

In practical application this means that ordinary citizens may be prohibited from owning weapons so powerful that misuse by a criminal or insane person might result in catastrophic loss of life, injury, or damage to property.

A reasonable interpretation of the intent of the Second Amendment implies that militias may hold powerful weapons (including automatic firearms) to be used in training, well-regulated militia activities, and cooperative response to any threat to the general welfare.  However, ordinary citizens, unless specifically authorized due to position as military or law enforcement officer or unique self-defense needs, should not own automatic weapons.

It is difficult to decide which of the two extremes usually offered as our ‘alternatives’ is more dangerous.  Far to the political ‘Left,’ extremists have actually called for the repeal of the Second Amendment, a part of the original Bill of Rights adopted in 1791.  Once our government starts repealing amendments from the original Bill of Rights, we are doomed to absolute subjugation.  Far to the political ‘Right,’ extremists vilify anyone even suggesting discussion of this continuing threat.  Those people are willing to let innocents to perish as long as they are not personally inconvenienced or politically contradicted. 

Bottom lines:

·         Law-abiding citizens have the right to keep ordinary and reasonable firearms for any purpose.

·         Criminals or the insane may be denied this right by due process in defense of public safety.

·         Only well-regulated militias have the constitutional right to keep weapons of catastrophic potential, including automatic firearms.

·         Individuals retain their inviolate right to self-defense but an individual, acting alone, does not have the right to instigate armed rebellion against the government.

·         Well-regulated militias, operating as a communal and political unit, have the right to use armed force in an attempt to check the power of a government that has illegally and unconstitutionally assumed for itself tyrannical power.

The Preamble to the U.S. Constitution states the purposes for which the Constitution was written.  The Second Amendment is masterfully designed.  In one sentence of 27 words it describes a right and affirms a principle that provides legal basis for three distinct elements of the Preamble.  The Second Amendment is designed concurrently to insure domestic tranquility, provide for the common defense, and promote the general welfare.

Any questions?
 
- Gryphem

No comments:

Post a Comment

Everyone with something to say is welcome to post comments on Gryphem. Keep it positive if you can. Keep it clean and respectful always.