Do you feel that the Second Amendment gives individuals the right to own personal guns for safety and sporting use?

Monday, November 3, 2008

Analysis-driven post...

When I first chose this gun control topic at the beginning of the unit, I did not know a lot about the Second Amendment but from the small amount of information I did know, I assumed that the argument over control was basically an opinionated view on whether or not an individual had the right to own a gun.  Well, can I just say that there is a lot more to the topic then what I thought.  For most Americans, the issue of gun control is important to them as far as being able to own a gun, but the interpretation of the Second Amendment isn't as important.  After researching gun control continuously throughout the past couple of weeks, I have learned that this issue goes much deeper then a typical person's opinion on whether or not we should be able to own guns.  In fact, the issue with gun control comes down to the detailed interpretation of the Second Amendment.  the interpretation of the Second Amendment isn't just about the exact words in the writing, it is about so much more.  The interpretation of the Second Amendment deals with the time period in which it was written, the context of the wording, and the meanings and definitions of the words at the time they were written.  I think that most Americans today, including myself prior to this blog, have the tendency to interpret the Second Amendment as if it were written today, instead of taking into account that our meaning of militia today could be different then the meaning of militia when this amendment was written.

To begin with, I have learned that gun ownership throughout the Colonial Period was encouraged.  A quote from The Statutes at Large, Being a Collection of all of the Laws of Virginia, volume 6, page 338 shows that there was great pressure to have a gun, "Provided always, and be it enacted, That eighteen months time be given and allowed to each trouper and foot soldier not heretofore listed to furnish and provide himself with arms and ammunition according to this act, and that no trooper or foot soldier be fined for appearing without or not having the same at his place of abode until he hath been eighteen months listed."  Another quote from The Public Records of the Colony of Connecticut, vol, 8, page 380, suggests gun ownership was encouraged as well, "That every listed souldier and other house- holder (except troopers) shall always be provided with and have the continual readiness, a well-fixed firelock... [and fines levied] for want of such arms and ammunition as is hereby required..."  Private gun ownership of military weapons for military purposes continued to be enforced during the post Revolutionary period as well.

Part of the argument also stems from the meaning of "militia" in the Second Amendment.  Those in opposition to an individuals right to own a gun argue that the "militia" is referring to those who are actively serving in a militia, such as today's National Guard.  They usually defend this claim by arguing that the militia equals the people or that the militia clause restricts gun ownership to "members only."  However, the militia and the people were not identical.  The "people," as referred to through the Bill of Rights were not considered militia members, yet they were considered freemen as individuals.  The Fourth Amendment of the Bill of Rights clearly identifies the people as having individual rights and freedoms, not just members of the militia.  And, in the Second Amendment, the "right to bear arms" is given to the people, not just members of the militia.  

I have also come to realize that it is beneficial to examine people who lived during the time the text was written and those who have commented on the text.  A man named Saint George Tucker, who lived from 1752-1828, served as a colonel in the Virginia militia and was wounded in the Revolutionary War.  He was also a justice on the Supreme Court from 1804 to 1811 and a friend of Thomas Jefferson.  He published a book in 1803 and in this book he discussed the Second Amendment.  In it he wrote, "This may be considered as the true palladium of liberty...the right of self defense is the first law of nature...Wherever standing armies are kept up, and the right of the people to keep and bear arms is, if not already annihilated, is one of the brink of destruction...but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorize the prohibition of keeping a gun or other engine of the game...so that not one man in five hundred can keep a gun in his house without being subject to a penalty."  Tucker murges self-defense, prevention of standing armies, and protection from oppression all into a single concept- the generalized concept right of keeping and bearing arms.  Also, Justice Story was appointed to the Supreme Court as an Associate Justice by James Madison in 1811, and in 1833 he wrote a commentary on the Constitution of the United States.  He writes about the Second Amendment and says, "The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic."  It is clear, through the writings of two constitutional commentators, that there is strong evidence suggesting the Second Amendment calls for each individual to have the right to bear arms, not just those enrolled in a militia.  

I have also grown as a thinker because I have learned to thoroughly examine the opposition side to my personal opinion concerning political issues.  For example, there is a widespread misconception that ownership of guns leads to unnecessary deaths in self defense shootings.  However, evidence suggests otherwise.  According to Florida State University criminologist, Gary Kleck, evidence shows that "the myth that using a gun in self defense is more likely to result in injury or death to the victim or innocent bystanders and fail to successfully thwart the crime rather than the criminal," is just not true.  In the same study, Kleck also claims that less than 2% of fatal gun accidents occur during defensive gun use. 

On Barack Obama's website, there is a section directed specifically towards guns.  In this section, there is one particular paragraph that caught my attention.  Obama dissagreed with the NRA that "people should be unimpeded and unregulated on gun ownership."  Obama favors handgun registration and licensing requirements.  Concerning the interpretation of the Second Amendment as I have mentioned in the previous paragraphs, Obama says that he, "taught constitutional law at the University of Chicago and is thus familiar with the arguments regarding the right to bear arms.  He acknowledges 'a tradition of gun ownership in this country that can be respected,' and says that his academic studies convinced him gun ownership in this country is 'an individual right and not just that of a militia.' But he was not finished. 'Like all rights though, they are constrained by the needs and the rights of the community.' Obama then spoke of 34 students who were killed on the streets of Chicago and called for sensible gun control to prevent senseless death.  He speaks of the importance of parental involvement in education before listing the many ways in which he would expand the role of the federal government in the schools."

Through my examination of many different documents, historians, statistical facts, and political views, I have to come to understand that the Second Amendment carries much more background information then what seems to appear in the initial reading of the text.  Through this examination of the Second Amendment I have grown as a thinker in several ways.  First, I have learned to closely investigate the opinion of others before I automatically assume their viewpoints are invalid.  Next, by doing this, it has helped me to reevaluate my views of this political issue and many other political issues.  Finally, I have learned that there is so much more to words then what is written on the paper.  It is important to look at the time period in which the words were written and it is also important to understand the author's intentions in writing the material.  Overall, this blog project has truly helped me grow as a thinker and I hope to continue this growth as I continue post on my own blog and other blogs.

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