Firearms
–
One of my students wrote in his paper that the Constitution,
confirmed by the Supreme Court, gave him the right to own a gun and shoot,
perhaps kill, anyone he didn’t like. I
of course wrote him a three page reply (single spaced) in answer to his
misinterpretation of the constitution and the Supreme Court decision District of Columbia v. Heller. But I
think that most people believe that my student is correct in his
interpretation.
So let’s look at the Constitution:
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.
The reader should note that the amendment in
question is essentially a series of clauses in one sentence separated by
commas. But in 20th century
English we might reduce those clauses to two: 1) A well regulated militia being
necessary to the security of a free state, and 2) the right of the people to
keep and bear arms shall not be infringed.
We might translate this as a conditional “Since (if)
a well regulated …” (protasis), then “the right of the people…” (apodosis). We might also interpret the middle clauses to
be qualifiers and interpret the meaning of the sentence as “A well regulated
militia, …, ..., shall not be infringed.”
We often forget the protasis or antecedent clause[s]
in this sentence and emphasize only the apodosis or consequent clause[s], but
they go together to express the complete thought. Until our recent political divide, most often
the courts and the legislature of the various states have interpreted the “well
regulated militia” to mean the National Guard the successor of the 18th
century militias. In some cases the
militia also meant the State Police of a particular state.
Now I am not against guns per se. But I do think we
need to leave our anxieties about guns to common sense. A gun is a useful tool. It can protect us from wild beasts, (my great,
great grandmother was afraid of the howling wolves at their abode in Lake
County, Indiana), it can be used as a sporting thing, like archery in terms of
target shooting and skeet. But military
style weapons used in warfare should be left to the military and the
militias. If you need an AR-15 to hunt
deer, you’re probably not a good shot and need more target practice. Just
saying…
We restrict the sales of arms such as bazookas, flame-throwers,
tanks, rocket launchers, land mines, hand grenades and other military style
weapons why can’t we restrict sales of semi-automatic rifles and kits to make
them fully automatic? If we need protection from criminals who
might burglarize our homes, perhaps we should look at legalizing land mines or
some form of improvised explosive device.
But if you would advocate for land mines to protect your property, we
would think you are nuts, yet we are perfectly willing to think you’re sane if
you want an assault rifle.
I also think that anyone buying a gun rifle or other
such device should be required to undergo some safety-training (be well regulated);
too many people have shot themselves or have otherwise been injured for lack of safety training. In rural
areas a gun might be a necessary tool, you wouldn’t want to go into the woods
(forest) without one, in many cases. You might
need a rifle to protect your cattle from wolves or predator cats. But let’s have a bit of reason when it comes
to firearms. Even in the military you are trained to use your weapon safely,
and in fact you learn to take it apart and keep it clean, lubricated, and
usable. The bearing of firearms should
be well-regulated.
Do we want any fool to carry a firearm?
Should we allow someone bearing a grudge against
someone use his/her weapon upon whom they bear that grudge? Surely we don’t. But in too many cases including the most
recent mass shootings the shooter bore a grudge and acted upon it.
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