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The Right to Bear Arms
Henry Peter
AB School of Sciences
The Right To Bear Arms
"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.
Irrespective of all arguments relating to the syntax of the above, the
fact remains that per se the amendment guarantees the continuity (Gun
Week September1991) of the right to keep and bear arms of the people.
The question is whether today's world can accommodate this 200 year old
article whose amendment requires two-third majority of each house and
three-fourth of the states; whose amendment process can be stymied by
as little as 4.5% of the US population.
It is essential to understand that the constitution is not etched in stone
and can be subject to, if not serious flaws of formation, then with flaws
of age and surrogate error. With the advent of technology and formulation
of automatic weapons, the US Government has prohibited sales and ownership
of such since 1934. In 1993 the Brady Bill was passed resulting in a very
obvious Show-Gun Loophole. Again in 1994 an act was passed resulting in
prohibition of weapons within a said radius of schools and government
buildings. Still further acts of installing safety features in guns to
prevent tragedies of minors and to keep the gun under lock and key have
been points of controversy.
Experience and reason dictate that laissez faire and totalitarian rules
are equally harmful and fine boundaries need be drawn to fully capture
the essence of democracy. Proponents of further gun control argue that
with fewer guns violence will decrease. Tragedies involving minors will
reduce and we will have a safer place to live.
The argument is akin to saying that with fewer swords or with fewer arrows
violence will decrease. Violence is not a function of the weapon. It is
a result of temporary and/or permanent state of mind. A gun can trigger
violence no more than a knife or a sword or an arrow can.
In an average year five times as many children die in bathtubs than they
do in gun related violence but whoever heard of the "Bathtubs Control
Act?"
Criminals are those who do not obey laws. Irrespective of what law exists
in the country they will continue to obtain weapons, if not through legal
channels then through illegal ones. Currently background checks are required
for issuing a gun. As much as each act of violence stands on its own,
such a check at least provides us with some little assurance of who has
the guns. Predominantly criminals use handguns for violence. If the police
that is at a dismal statistic (Reynolds) of one policeperson per 3000
plus civilians is not available what are those fired upon to do?
If guns are to be completely eliminated (Sullum January 2000) from the
society then control laws are surely the slowest means of doing so.
Those who advocate strict gun control laws refer to the increasing murder
rate over the last two decades attributing this trend to the increase
in the private ownership of arms. Kates (1979) refers to it.
the causal connection here is not that more handguns have resulted
in more violence but that more violence by the kind of disturbed, aberrant
people who commit murders (and by the equally aberrant, but much less
disturbed, people who commit robbery, burglary, etc.) has caused law-abiding
citizens to buy handguns in self-defense
and it cannot be
reduced by handgun bans because these people-who won't obey a law against
murder-aren't going to obey a law against owning handguns. (90)
For all crimes that are committed stricter laws will be passed. Those
who abide by them will suffer the hardships. Those who will not will continue
to do as before. Nothing can justify tragedies like that of Columbian
High School, April 20, 1999, resulting in deaths of thirteen students.
But isn't the cause of such tragedy deeper than the presence of guns?
Shouldn't the circumstances that lead to such acts of violence be investigated
just as adroitly as the gun control laws are lobbied? What is required
is enforcement of the existing laws and plugging of loopholes before passing
of newer ones. Until and unless complete guarantee of the lives of the
civilians can be ensured, which surprisingly is exactly what the constitution
states it is not responsible for; stricter and stricter laws will continue
to penalize law-abiding citizens.
References
Gun Week. (Sept 13, 1991). Retrieved from the World Wide Web on May 02,
2001. (http://www.cphv.com/art2ndint.htm)
Kates, Don B., Jr. (July 1979). "Gun Control: The Real Facts."
Field and Stream: 90
Reynolds, Morgon O. Myths about gun controls. Retrieved fro the World
Wide Web on May 02, 2001.
(http://www.ncpa.org/studies/s176/s176.html).
Sullum, Jacob. (January 2000). "Cold Comfort". Reason Online
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