"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 abridged."
Second Amendment to the Constitution
We may not know much of the details of our Constitution,
at least not in our daily lives, but the Second Amendment has been shaken
in our faces with great regularity by the gun lobby or the gun nuts or
those who value our freedom, depending upon your point of view.
The Second Amendment was framed in
times of muzzle-loading rifles, but the Constitution doesn't speak of
that, perhaps not having foreseen the killing power of modern automatic
weaponry. It is silent on ammunition for that bearing-of-arms, perhaps
not having foreseen armor-piercing bullets that will and do and are meant
to penetrate a policeman's protective vest. That amendment was written
for a small population, comfortable with the bearing of arms and still
taming a mostly wild country, a constituency fresh from having just thrown
off a hated monarchy.
We are no longer a small population,
are increasingly uncomfortable with guns and living in a land where, for
the most part, law and order prevail. Where law and order most often
fail us, it is at the hands of those who bear those constitutionally protected
arms against our own citizenry. We are, so far as I know, still
prevented from the private ownership of tanks, bazookas, flame-throwers
and fully-automatic machine-guns. But anyone with a modicum of skills
can re-convert a legally altered weapon to automatic status.
Every public poll in recent times
shows over sixty-percent of the population in favor of gun control.
Particularly in the big cities, we're increasingly scared to death and
there's a tendency now on the part of the states to extend legally the
carrying of arms by private citizens, mostly as a result of those fears.
We're too large and fearful a population to begin hauling guns around
the streets with any degree of competence.
But they say guns don't kill, people
kill and they are right, it certainly isn't squirrels causing all that
mayhem. We are at the same time critically awash in gun laws and
critically awash in killing. There is a legitimate argument in favor
of our freedoms at stake. Certainly a foreign power or even an evil
turn of our own government would be hard-pressed to enforce a lasting
takeover of those freedoms, well armed as we are.
I guess I have to state my position,
the direction from which my wind blows. I am a hunter and occasional
skeet-shooter, but I don't own a handgun. I had one once and it
made me nervous to have, made me know every time that I looked at it that
its prime purpose was to shoot another human and I'd like not to do that.
But I would do it. My home was once broken into violently and I
was fortunate to scare off the intruders, but I remember standing there
with a shotgun aimed at what was now the splintered casing of my missing
front door and being willing to kill whoever filled that hole. I'm
not proud of that, but know I'd feel the same way again and act on it,
should the necessity once again present itself.
So, I don't own a handgun or a bazooka,
at least not so far. But therein lies the hitch. We are becoming
such an intolerant nation, so fearful of one another as we crowd more
into the impersonalized cities, that our guns threaten to become more
and more out of control. The growing gulf between haves and have-nots,
all of us fully armed, is a very scary thing to contemplate. Peace,
as I have said elsewhere, is not found at the tip of a sword.
For my own part and having agonized
in my mind over the pros and cons, I am willing to stand by the letter
of the Constitution. Not comfortable, not by any means at ease with
it, but willing to trust in private arms over public government, not knowing
a better way.
There are few areas in which I feel
federal law should take blanket precedence over state or local law, but
gun law is one of them. It is the federal Constitution that claims
this right to bear arms and my feeling at this time is that a single federal
law should prevail, not in place of, but in addition to all others.
Any crime, from a misdemeanor to a felony in which a gun is used or even
carried, should exact a mandatory federal five-year term in addition to
whatever other sentence is handed down. In the case of a plea-bargain
or suspended sentence, the federal term would still apply and be carried
out without parole.
We would make the imperfect bargain that gun ownership is a protected
right, but improper gun use is a severely punishable crime. One
right available, one responsibility equally required at the federal level.
I doubt that even the NRA could argue with that.
Get out of the Archives and read what Jim's writing
today |