“The Right to Keep and Bear Arms”
We are aware that the 2nd Amendment to the Constitution of the United States provides an individual citizen with the right to keep and bear arms. We are not aware of the right of any one person or group of persons to murder, maim and otherwise destroy children, young people, religious minorities, other races or any of our fellow citizens. Yet in this past one year more than 307 persons have been murdered by mass shootings in the United States whose common theme is unrestricted gun violence.
The right to keep and bear arms has traditionally been defined in at least two respects: (1) An armed militia of the state citizenry well trained can provide a limit upon any federal government (or king) attempt to limit the citizens of their power of governance and liberty by counterbalancing the power of the federal government, king, president, judiciary or military. (2) The second amendment also reminds of an inherent right of an individual citizen to defend his or her home, family and property when either the federal government or police cannot or will not do it. Both of these understandings are based in English Common Law, which informed the US Constitutional process. (These understandings of the amendment have been confirmed by rulings of the US Supreme Court, the latest in 2008).
The second amendment does not prohibit the Federal or state governments from requiring registration of firearms or back ground checks to prevent criminals, felons and mentally ill persons from buying guns. Nor does it prevent banning certain kinds of weapons, as “automatic rifles”, enlarged magazines, or “bump-stocks” from being sold in this country. For a time from 1998 to 2004 the sale of semi-automatic rifles was restricted, except to military or police, as a means to restrict gun violence and to limit the number of person who might be killed or maimed on any occasion. This restriction was removed after 2004 and many semi-automatic weapons are sold in the United States for what are called “recreational purposes.” Owners of these weapons practice with them at shooting ranges, gun clubs and other venues for personal entertainment and to train in proper use. It does not take a great deal of effort to pull a trigger and empty a gun magazine. One bullet is sufficient to kill if well aimed. No one to my knowledge uses a semi-automatic weapon with over 5 shots to go after game for the table or sport. Otherwise the body of the game animal is destroyed by excessive violence. The military and now the police prefer semi-automatic and automatic weapons in order to kill as many of the enemy combatants as possible in the shortest time, except for the long rifles use on the battlefield by military snipers.
In the southern culture of which I am a part, as youth we were trained by our fathers and grandfathers in the proper and safe use of a firearm. Everyone I knew had a rifle or shotgun in the home, often a .22 rifle for shooting rats, or to use in butchering a steer. Occasional the rifle or shotgun shells were filled with rock salt to deter stray dogs in the pasture or farm. We had no deer or turkey growing up, but we saw plenty of rabbits and squirrels. A twelve or a twenty gauge shotgun makes quick work of these when we were hungry for something on the table. Organized dove shoots in September after the grain was harvested in fields was and is an annual tradition to this day. I know of no one who opposes owning hunting guns for sport or to bring in meat for the table.
More recently, we know of gun classes which are required to allow citizens to carry a hand gun for self-defense. Who is opposed to this? No one I know. We do limit where these guns may be taken, as for example into a medical clinic, courthouse and churches. But armed guards are permitted outside and are becoming more prevalent across the country, as outside Jewish synagogues, Islamic mosques and Christian churches. Inside the house of God is a sanctuary of peace with no guns. Outside God’s house we are now having to defend ourselves against those who want to murder us during our worship services.
Armed police and security guards now protect our schools from gun violence. Metal detectors prevent students and others from carrying in any type of weapons. This has become standard operating procedure in our society due to gun violence. We have come a long way since hunting rabbits on Thanksgiving after our meal just to see how well our beagles could run across the fields.
Does anyone have an answer to curbing our society’s gun violence? In the last week, a Jewish synagogue in Pennsylvania was invaded by a man intent on murder, who was successful in his racist intent. This man obtained his weapons legally. No one saw this coming, even though he engaged in hate speech on a regular basis on the internet. Two days ago, 11 college youth and one law officer died in a county western bar having a line dance contest. The man who killed all these innocents was obviously mentally ill, a combat marine veteran. He bought his handgun legally and modified it with an illegal magazine. The young man who killed so many Christians in a church in Charleston, SC wanted to start a race war between black and whites. His father gave him a gun for his birthday. We surmise he was filled with hatred for African Americans to the very brim.
Those in favor of unrestricted access to guns argue that if the “good citizens” are restricted from owning weapons then only the criminals will have them. This is a gross exaggeration and is certainly not true!
I propose the following as a minimal change: Regulate all guns that can still shoot a bullet (not historical or museum pieces) requiring a simple registration as one would register an automobile to drive. We would know then who has legal weapons and how many. If states chose to regulate the types of weapons sold within their jurisdictions, they could do so, or not. Automatic weapons are illegal everywhere except for army or police. Any person with an automatic weapon would have to turn it in to the police. Semi-automatic weapons could be regulated as to the number of bullets allowed in their magazines. So-called “bump stocks” would be outlawed, as these convert a semi-automatic weapon to automatic status.
New weapons made of plastic will also be registered, and a piece of metal which carries ID markings visible to scanners must be inserted within or it also is an illegal weapon.
Unregistered guns of any type could be seized by law enforcement and destroyed at any time, whether owned by criminals or not.
Felons would not be allowed to own guns of any type under the law.
For legal owners, there would be no restrictions on weapons for hunting or handguns for those owners who have been given the right to carry these, except these could not be taking into certain places, as courthouses, houses or worship, medical clinics and other declared “safe sanctuaries.” Felons are again excluded from owning any guns at all.
Would this stop gun violence in the United States? No, not in the beginning, but it might allow further regulation of guns to keep these out of the hands of criminals, law-breakers, the mentally ill and persons intent on violence against the community. Certain kinds of weapons could be banned from persons 21 years or younger except in military service and then only with proper training.
Violence is part of the human genome. It has been with us from the beginning, since early tribal wars. But if we limit the scope of the violence and moderate it, with reasonable regulations, we might at least live in a safer, happier and more peaceful society. Our children could grow up with less fear. The rest of us could sleep with less worries of violence against our homes. Places where people congregate together could be made more secure.
There are powerful forces in the United States of America which will resist any attempt to regulate or restrict the right to own guns by any citizen. This is not reasonable nor will this do anything to address the need to curb gun violence in our communities. Until these attitudes change and additional gun regulation is allowed, we will continue to see our children murdered by guns while dancing, as well as Christians, Jews and Muslims murdered while worshiping and singing God’s praise in the sanctuary of God’s house.
The rights of the few who own semi-automatic weapons or illegally modified weapons do not outweigh the rights of the many to live in a nation which needs security, freedom from fear of violence and peace in our whole society. The right to keep and bear arms is not infringed by healthy regulation any more than regulation governing who is allowed to drive a car on the highways of this nation. It is considered by many a right to own a car and to drive a car, but this privilege is given only to those who are certified as ready and able to do so. So also with the right the keep and bear arms. It is reasonable and even wise to certify those who have firearms as safe to use them and restrict this right from those criminals (as felons), psychopaths, the mentally ill and those persons intent of doing violence to others.
Bill Wilson, servant of God by God’s gracious mercies.