Tag Archives: Second Amendment

GUN CONTROL: IS RATIONAL CONVERSATION POSSIBLE?

M4A1

As with so many social issues, emotions run hot on gun control.  There are many who decry the frequency of mass shooting and want guns severely restricted, if not outlawed.  On the opposite end are the gun enthusiasts who believe that more guns make us safer.  They also warn of tyrannical government without private gun ownership as a counterbalance.

Is there a middle ground?

Let’s begin with a simple question.  It’s hypothetical (I hope).  Imagine a man who has been ordered to take anger-management treatment after being arrested for spousal abuse.  He has previously been treated for bi-polar disorder, as an inpatient in a mental hospital.  Should he be allowed to carry a loaded M4A1 assault weapon (up to 950 rounds per minute, grenade launcher optional) around with him, everywhere he goes?

M4A1
M4A1

If you said yes, don’t bother reading the rest of this blog.  If you said no, then you believe in at least some manner of gun control.

There are three main categories of gun regulation: the person, the weapon, and the location.  My personal belief is that certain people should not be permitted to own any type of firearm.  I also believe that certain classes of firearm should not be available to civilians at all.  And I believe that one is entitled to more latitude in keeping weapons in the home than carrying them in public.

REGULATION AS TO THE PERSON
The most prevalent regulation as to who may purchase a gun is the background check.  Using the National Instant Criminal Background Check System (NICS), a potential buyer is screened for such things as a felony record, having been committed to a mental institution, being subject to a domestic restraining order, or having been convicted of domestic violence.

This background check is required for sales of guns at retail stores.  From 1998 through 2012, a total of 118 million background checks were performed.  Sales were denied for 2.1 million, almost 2%.[1]

There are at least two loopholes in the background-check system.  The first is that private sales do not require a background check.  This is where you sell your gun to a neighbor, relative, or outright stranger.  The second is selling guns at gun shows.

Most states have no law requiring a background check for a private sale, and 33 states do not require background checks at gun shows.[2]  These sales comprise 20% of total firearm sales in the U.S.[3]

We have approximately 81,300 nonfatal injuries and 31,672 deaths every year involving guns, an average of over 300 per day.[4]  The majority of guns used in mass shootings were obtained legally.[5]  Given all this, it is not surprising that 92% of U.S. voters, including 92% of gun owners, would favor making background checks universal.  That is, applied to all firearm sales.[6]

The simple truth is that not everyone should be allowed to have a gun.  One of the best illustrations is the domestic abuser.   In states that require a background check for every handgun sale, 38 percent fewer women are shot to death by intimate partners.[7]

REGULATION AS TO THE WEAPON

Modern weapons have the potential to kill a lot of victims very quickly.  The 100-round magazine used by the shooter in Aurora, Colorado, comes to mind.

There are a number of reasons for owning firearms.  Self-defense, hunting, and defense of the home are the main ones.  There are also those who say they need guns in case the government needs to be overthrown, or some such nonsense.  So long as we continue to have elections, that one doesn’t need serious discussion.

For hunters:  If you need an automatic weapon to bring down a deer, perhaps you should spend some time practicing on the shooting range.  The ‘sport’ (I’ll save my opinion on that for another time) is to show your skill, right?  Not much skill involved in spraying the general area with bullets, hoping for a hit.

Self-defense, as in carrying a weapon, is legitimate.  But carrying an automatic weapon with you to the grocery store just makes you look stupid – and cowardly.  It’s also awkward.  A handgun in a holster is much more practical.  One thing you should know, though.  Having a gun makes it more likely you will be shot, not less.[8]

Defense of home is also a legitimate use of firearms.  However, using an automatic weapon means you have that many more bullets flying around the home, that many more chances to injure or kill a member of your household.  The consensus of the experts seems to be that a pump shotgun or a handgun would be the best weapon for this purpose.[9]

One last word on keeping a gun for one of these legitimate purposes.  Don’t take it home, stick in the drawer, and figure you’re now safer.  It’s essential that you know how to use, and are familiar with such things as the noise and recoil.  A good article on the importance of practice is found here.[10]

REGULATION AS TO LOCATION

While laws vary from state-to-state, having a firearm at home is usually subject to less regulation.  Buying a gun takes only a background check – not mentally ill, not a convicted felon, not subject to a restraining order, etc.  Being allowed to carry in public is a whole, different ballgame.  This goes back to a couple of things, in my opinion.  The first is that keeping a gun at home was contemplated when the Second Amendment was written.  Your home is your castle, etc.  The other is that you are less likely to kill multiple strangers with your gun at home.

CONCLUSION

There are some who believe that the right to carry a firearm is sacrosanct.  It’s in the Bill of Rights, after all.  “Shall not be infringed …” etc.

Several rights are protected in the Bill of Rights, including freedom of speech and freedom of religion.  Those rights only go so far.  Your right to free speech doesn’t include the right to shout “Fire!” in a crowded theater.  The freedom of religion doesn’t include human sacrifice.  All Constitutional rights are subject to reasonable regulation.  And that has to include reasonable gun control.

[1]  http://www.cnn.com/2013/04/10/politics/background-checks-explainer/

[2]  http://usnews.nbcnews.com/_news/2013/04/10/17689167-background-checks-for-guns-what-you-need-to-know?lite

[3]  cnn.com, id.

[4]  http://www.washingtonpost.com/news/the-watch/wp/2014/06/11/gun-violence-and-mass-shootings-myths-facts-and-solutions/

[5]  http://www.motherjones.com/politics/2012/07/mass-shootings-map

[6]  http://thehill.com/blogs/blog-briefing-room/news/211321-poll-most-gun-owners-support-universal-background-checks

[7]  http://www.ncdsv.org/images/maig_gun_laws_and_violence_against_women_factsheet_2013.pdf

[8]  http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2008.143099?journalCode=ajph

[9]  http://www.gunsandammo.com/blogs/defend-thyself/ga-basics-how-to-choose-your-first-home-defense-gun/

[10]  http://www.thewellarmedwoman.com/the-importance-of-practicing-with-your-gun