Saturday, June 28, 2008

AN INDIVIDUAL'S RIGHT

It's hard to imagine a Supreme Court decision that could have meant more to the gun owners of the United States. For years, in fact, ever since the Bill of Rights became law, there has been an argument over whether the Second Amendment applied to the individual or just to government regulated "militias". This week the U.S. Supreme Court laid that issue to rest, the right to keep and bare arms applies to the individual.
I tend to take a very simple approach to the intent of our Founding Fathers. If they themselves never attempted to enforce a perceived part of the Constitution, then they most likely did not intend for it to be interpreted that way.

This logic applies to several issues within the Constitution. For instance; I do not believe the Founding Fathers intended to have the sort of "Separation of Church and State" embraced by the secular progressives within our political system. My defense of my position is simple; they didn't make any attempt themselves to do away with the basic belief in God that was enshrined in our government. You can make a good argument that they didn't want the sort of theocratic government that they were escaping from over the pond, but the basic belief in a God and his guidance in creating and running this country were never debated.

I apply this same logic to the issue of guns. If they did not intend for the individual to have guns, then why did they make no effort to take them away from the people?

The case at hand for the Supreme Court was a 27 year old law in Washington D.C. banning the ownership of any handguns within it's limits. The question was if that violated the Second Amendment. At the heart of that question was whether or not the individual had the right to own a gun for protection of his family and for hunting and sport.
The justices came down 5 to 4 in favor of the people's right to bare arms.

Justice Scalia wrote for the majority confirming the right of the individual to own firearms, but with this important caveat about the decision, "Nothing in our opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools." Undoubtedly, some will misinterpret this decision as now allowing any guns, any where. The real meaning of the Supreme Court's ruling is that guns can be restricted, but not to the point of denying ownership completely.

Washington D.C. had stepped over the line and used the right to restrict ownership to ban ownership. The Supreme Court made the right decision in my eyes. Maybe now we can focus on enforcing the restrictions that are already in place and stop trying to disarm law abiding gun owners because of the illegal actions of a few.

Since the inception of our great country, guns have been part of our culture. For decades guns were not a problem because people viewed them with a respect that was handed down from father to son in some open field. Our culture has taken a bad turn toward respect in general. We don't give it to our teachers, our military, our parents, or our leaders. Is it any wonder that we have now lost respect for guns and for life? Now that the issue of individual ownership of firearms has been settled, let's use this opportunity to look more seriously at what the real problem in this country is; the mind behind the gun. H.C.

6 comments:

Anonymous said...

For once, I think the Supreme Court got it right. Numerous studies have indicated that only a small sample of the general population actually uses firearms to engage in criminal activity. It's not as it a bunch of ordinary citizens went berzerk one day just because they came across a firearm. Generally, the cats who commit violent crimes with firearms already had criminal tendencies and/or were already engaged in other illegal activities in the first place.

Though I'm not a gun owner myself, I was never down with the idea of drafting/enforcing legislation which punished everybody for the antics of a much smaller subset.

The H.C. said...

Hey Dre,

Damn, this comment forced me to take you completely off my list of Liberals. I especially liked your comment;
"I was never down with the idea of drafting/enforcing legislation which punished everybody for the antics of a much smaller subset."
I completely agree. I could never understand how people that want to be judged on their own actions or merits are so quick to judge others by a completely different philosophy. Let's focus on the people who are acting wrong, not on the color of their skin, their gender, their religion, etc. i like to say, "The only prejudice I agree with is hating assholes." Great comment Andre!

TABOR said...

Well HC you know how I feel about guns. I hate them, they're dispicable, and they are the most evil and terrifying object mankind has ever produced. The only purpose for a gun is to put holes through something. So unless my paper punch breaks on me I don't really see much use for a gun. I'm not a hunter (In fact I've shed tears everytime I've ran over a squirrell or raccoon with my car.)I guess I'm a bit of a pussy when it comes to animals. I've also never lived in an area where I felt I needed a gun to feel safe. Lastly, I think the mind behind the gun is a big part of it but what if a responsible gun owner has his guns stolen by his 10 year old son and his best friend and an accident happens? Andy and I could have gotten into your guns when we were young if we really wanted to. Even though you kept them locked up, children are very resourceful when they want something bad enough. HOWEVER!! Even after talking all that shit, I agree with your point. Most gun violence is done by a small percentage of criminals. Accidents happen, but the same can be said about automobiles, and I don't think they should ban cars. I guess my point is I wish guns were never created in the first place becausse the only reason anybody would ever truly NEED a gun would be to protect themselves against other people with guns. (Or if your a woman you might need one to protect you from guys with guns, knives, and battle axes.) But we can't make them illegal for the good citizens of America because even if illegal, the criminals will always be able to have access to them. Sorry for going off. That's about the only issue I'm ultra-liberal on.

The H.C. said...

hey tabor,
Thanks for the "ultra liberal" point of view. You cover some great points and I think your view is shared by a lot of people. In the University where I work, the overwhelming majority of people share your view. Since you gave the Liberal point of view, I'll take the other side. If guns were never invented, sick people would just find other ways. I would point out the Bath, Michigan killing of 1914 (circa). Where an angry farmer blew up a school killing 40 children, or the fact that the Columbine killers had an assortment of pipe bombs. The trend, unfortunately, is toward massive deaths which are easier with poisons and bombs in crowded areas. When I was young and in a horrible school where I was tormented every day, the thought of bringing one of my guns (and yes, I had access to several) to my school and shooting up my classmates wasn't even considered. Why? Because I was brought up to believe that only a less-than-a-man would settle an argument with a gun. And since I was brought up with strick discipline, I had the self control to keep my anger in check. Remember this was a time of no trigger locks, no gun safes, no background checks and no registration. Yet, for some reason we were safer. Since we had access, I have to believe something else is at work here. I really think the problem is discipline. Discipline leads to self-discipline. If you know you can't tell your mom, "F**K off!" when you want to, then you learn a valuable lesson and valuable practice at controlling your desires. Since everything is now geared toward full filling your every desire, is it any wonder so many people can't control themselves when the urge to shoot someone comes about? We lack self control. It shows in our teen pregnacies (despite birth control and sex ed.), in our debts, in our addictions and unfortunately in our anger. It easy to blame the gun, but we are the problem.

Anonymous said...

Just because I'm anti-gun, doesn't make me pro-bomb or pro-poison. I'm basically against anything that's sole purpose is to kill. Implements of death do nothing more than enable the mentally ill to take mass quantities of life, human or animal. Guns fit that category. Shit man, I don't even like fireworks so I definately feel the same about bombs as I do about guns. Personal responsibility must be excercised, but to people with no self-control, guns and bombs sure do make murder alot easier than bare fisted combat.

lime said...

i really appreciate your emphasis on respect at the end of this. my grandfather is the one who taught me to use a gun and he was absolutely unyielding on his standards of safety and that i never forget the lethal potential of a gun. that makes all the difference. truthfully i get very bothered by friends i know how gave their kids very realistic looking soft air pellet guns as toys and allow them to chase each other around the yard shooting each other. granted the toys aren't lethal, but using something so realistic looking in that manner i think inures a person to the lethality of a real gun. (for the record, i don't have a problem with water guns or nerf guns or things that look obviously fake or like futuristic ray guns...my issue is with things that look very realistic)