aggienaut: (Tactical Gear)
[personal profile] aggienaut
"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."

   That, as you may recognize, is the Second Amendment to the Constitution of the United States of America, popularly believed to grant everyone an individual right to guns.

   Now, I don't have a particular agenda as regards guns, at least not on the traditional perception of one being either entirely against them or entirely for them. I'm not a gun nut, but I have friends who are quite in to their gun collections, and am aware that many other people are as well and would be very upset, indeed live in relative terror at the prospect, of their guns being taken away. And on the other hand, gun violence obviously causes a lot of unfortunate events, to put it mildly. And then there's the whole issue of what is or is not a constitutional right. And it is this latter point I'd like to address. What DOES the Constitution actually say?

   Most people on both sides of the debate have seemed to completely lose sight of one minor detail about their "right to bear arms" -- the Constitution does NOT guarantee individuals the right to bear arms.
   The 2nd Amendment's express purpose is to guarantee a "well regulated militia." So now let's step back from everything else and ask this: does the current firearm policy in any stretch of the imagination resemble a "well regulated militia?"

   I will go so far to propose that it does not.

   Some have put forward that the state national guards fit the requirement of a "well regulated militia." And that may be possible, but it's also true that the founding father's were intensely suspicious of government and clearly intended the amendment to allow citizens to fight the government, their OWN government, if they so desired.
   Which brings up an interesting nuance. Far from banning military grade "assault weapons," such an interpretation would expressly allow them.
   Anyway, clearly there are a lot of fans of guns who adamentally desire to keep personal weapons that are not under the control of the state, and would be, so to speak, up in arms, if they didn't have an option.
   So what if people COULD form "militias" in the form of gun clubs. But the members of any such militia are collectively responsible for the gun related behavior of any individual member. It's then in all member's of the club's interest to make sure no wingnuts are allowed to join their club. And if you're a wingnut you probably won't be allowed to join any gun club. And of course as is currently the case, no felons, mentally unstable, or otherwise dangerous individuals could have firearms even if they could join a club.
   I know, I know, the idea of "armed militias" sounds scary but consider that presently they already exist with no motivation to self regulate.
   And the "right" to bear arms doesn't necessarily need to apply only to militias, remember that which is not forbidden is allowed, so I'd propose there'd of course be allowances for persons of known levels of civic responsibility, honorably discharged veterans, police officers and the like, to own personal firearms -- and this category would happily include all my friends who are gun nuts.

   So that's my compromise interpretation of the 2nd Amendment. Either way, to return to my initial point, the current situation in no way resembles a "well regulated militia," and clearly needs to be drastically reformed.

Date: 2016-06-15 06:18 pm (UTC)
From: [identity profile] katinator44.livejournal.com
My husband and his family are huge gun enthusiasts and I come from a Pacifist home where we couldn't even have water guns. So it's been interesting for me to see both sides of the argument and I actually get really annoyed when people get upset that the government is "going to take away our guns!" because literally nobody is actually planning on doing that. Regulations on who can and cannot have guns isn't government officials storming your house and taking away your guns. It's making sure there are appropriate steps taken for those who want to purchase a gun to prevent people from misusing them.

But it's not an easy thing. I've always felt there's way more that needs to be fixed than gun regulations. In the US having guns is considered an inherent right but access to health care (especially mental health care) isn't. It's expensive to seek help and is underfunded so whenever you do manage to get help it's not usually very good or helpful. In the US there's a lot of sexism that hurts women but also hurts men...it causes them to bottle up their emotions and teaches them that acting our violently is an appropriate response. In the US we've normalized violence. It's fucking everywhere and I know this because I'm extremely sensitive to it. There are WAY too many movies and TV shows that I can't watch because they're so graphic and violent. It normalizes the act of totally dehumanizing others and acting violently against them for your own personal agenda. And these are just a few things that feed into all the gun violence problems we have here that nobody really seems to want to talk about or fix. And it's tricky because we want an easy fix in regards to gun regulations but it's just not that simple. We can regulate guns all we want but we'll still have the same problems until we can dive deeper into what's really happening and try to fix the root causes of gun violence.

I've actually never looked closely at what the Constitution says about the 2nd amendment (as I imagine most people haven't) and have never heard this argument about it before. It's been an interesting twist to think about and makes sense for that time. But the problem with the Constitution is that it was written for a government that existed in an entirely different time with different issues and an entirely different society. So the 2nd amendment makes total sense in the context of the time. They were forming their own militia and forming their own government in a time when the government wasn't trusted. We're not at that place right now. And I think people forget the context in which all of this was written and how vastly different it is than today. And people want to make it fit into the modern world so it gets changed as society perceives it. And not many people bother to look back at what the texts actually say.

Date: 2016-06-16 12:24 pm (UTC)
From: [identity profile] emo-snal.livejournal.com
And that's another point -- people act like the Constitution is the Infallible Word of God, but it's a very good point that it may not be quite ideal any more and perhaps should be changed in that respect!

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