As a father, husband and citizen of the United States of America I hold strong in the belief that we are indeed bound to alienable rights; including the ‘right to life, liberty and the pursuit of happiness,’ and this right should not be at the hands of a person standing on the other side of a trigger.
A month after the devastating events at Sandyhook Elementary, days after the the inauguration of the second term of the 44th President of the United States of America I decided I would publish my argument for a call to action to gun ownership laws. In doing so I think the first place to start is a small, nonexclusive, look at the Constitution and how over the years it has been treated as a living document, one that can be amended based on societal changes.
Major Amendments and articles ratified and adopted
13th Amendment – ratified on January 31, 1865:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
18th Amendment – ratified on January 16, 1919:
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
But guess what? A year later the 21st Amendment came out, repealing the 18th Amendment.
21st Amendment – ratified on January 17, 1920:
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
And then, there is how basic voting rights have changed in the Constitution throughout the years:
15th Amendment – ratified in February 3, 1870:
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
19th Amendment – ratified in August 18, 1920:
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
26th Amendment – adopted July 1, 1971:
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.
There are many more examples of these kinds of ratified and adopted amendments. My point is simply this; the Constitution, while the cornerstone of how we are to rule this great nation, is a flawed document. Over the 236 years since it’s original signing our society has greatly changed. We no longer enslave, refuse women the right to vote, prohibit the sale of alcohol, allow Presidents to serve more than two terms, etc.
When the second amendment (which reads: ‘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.’) was written it was preceded by European immigrants fleeing their lands to come to, and build, a new nation founded on the principles of the right to freedom.
For example, at that time in England the King could govern without the consent of Parliament, even overthrow its government to establish one of it’s own liking as was done with the ‘Glorious Revolution’. Also, this new nation while establishing formal governance had called upon it’s people to organize a militia system; participate in law enforcement (including deterring tyrannical government); as well as, suppressing insurrection, as it did to enslaved African-Americans and Native Americans.
But now, in 2013, we are nation protected by an all volunteer military system (including the National Guard) and by federal, state and local law enforcement; thus no longer calling upon its people to individually take these on these roles unofficially. We have an all elected legislative branch with checks and balances in placed to keep any one person from having the ability and right to overthrow any branch of government for his or her liking.
There is no reason why an intelligent, thoughtful, and lawful examination of the second amendment can not be achieved. Our nation, our society, has greatly changed over the years. The human condition, technology, a globalized economy and infrastructure have forced us to look at how we as a nation act, react and become the global leader in democracy and freedom. So when we say we as a national uphold and protect the fundamental right to ‘life, liberty and the pursuit of happiness’ — doesn’t that include the 6 year old in her first grade class, the police officer getting a cup of coffee in the morning, the small business owner of the the convenience store on the conner, the Batman fan at a night-time screening of ‘The Dark Knight’, the shopper who grabs a bite to eat at the mall’s food court, and the countless other Americans who have fallen victim to the senseless acts of violence at the hands of guns and criminals; and yes, does this also not apply to the sports hunter who uses his or her fire arm responsibly for the sport of, and traditional hunting of food? I think so. I think there is a place for reasonable control on the type of fire arms any one person can own, ammunition rounds, amount of ownership, how and where fire arms can be bought, and a SIMPLE AND ALL INCLUSIVE UNIVERSAL BACKGROUND CHECK of a person who currently, and in the future, owns a fire arm.
The liberal in me also believes gun ownership should and could be a licensed right, one that would require renewal during its lifetime to allow for responsible gun ownership. For example, if a licensed gun is found on persons other than the licensed gun owner then some sort repercussions are needed. Firearms found on a person without proper licensing warrant banning of future licensing of fire arms for the individual. Firearms used in criminal activity carry stiffer penalties. Use of fire arms greater of a certain capacity, including ammunition capacity, carry stiff penalties including banning of licensing. These are not inclusive solutions, nor solutions that will prevent all crimes, but a step to change perception and behavior of responsible gun ownership. Why can’t we be the leader in responsible gun ownership; a nation that has the right to individual firm arm ownership, but a right that carries a thoughtful responsibility to it? I believe we can.
I know I probably won’t change any one’s mind on this topic because we are a nation entrenched in the idea that this is an ordained right brought upon us by founding fathers of this nation and therefore has no reasonable need for argument or change. But if this small examination can cause pause for thought, even argument then maybe it’s done its job.
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