This article was posted on December 12th, two days before the tragedy at the elementary school in Connecticut.
And updated December 15th. link: we-must-stop-pretending-guns-are-not-a-problem
PCTC (please cut the crap) may seem like a "progressive" blog, written by Milt Shook, yet he brings out issues that all political parties are dealing with in our country. He brings out well researched truths and tries his best, however impassioned, to articulate it, and represent truth among all the other crap.
I especially agree with the notion he writes, that "The Constitution is a large document, and each clause works along with every other clause in the document; they don't all work separately." In particular in the simple arguments thrown up supporting the second amendment and so paralyzing lawmakers for years, unable, no UNWILLING, to make fair and just regulations the way that our government has the rights to do.
M. Shook writes:
"The Constitution is a large document, and each clause works along with every other clause in the document; they don't all work separately. As part of the "militia," you have the right to keep and bear arms. Unfortunately, Article I, Section 8 also gives the government the power to regulate the "militia," and their arms. Here's the Second Amendment:
Amendment II
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.
Many of you want to ignore the first
part of that Amendment, but it's there. Your right to bear arms is
related to your status as part of the "Militia." And that is also
related to the relevant portion of Article I, Section 8:
Section. 8
The Congress shall have Power To: (...)To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Note that nothing in the Constitution
refers only to guns. Obviously, the government has the power to regulate
arms. Even the strongest gun advocates would admit we shouldn't be
allowed to keep a rocket launcher or nuclear warhead in our backyards,
and if the head of the NRA discovered a chemical weapons plant next to
his neighbor's pool, he'd call the police. So, the issue is not now, nor
has it ever been whether or not we can regulated guns, but how. Why is
there such a problem with regulating guns in a way that keeps them out
of the hands of those who shouldn't have them?"
Find the actual language dates and explanations under the US Senate link: constitution
Find the actual language dates and explanations under the US Senate link: constitution
This makes complete sense to me! I don't even have to be a constitutional lawyer to understand this writing.
And in a long, but clear comparison, he later address the emotional argument,
"“Guns don’t kill people; people kill people”: You'll notice I haven't talked about the "cars don’t drive drunk, people do" example yet. I saved the best for last.
"“Guns don’t kill people; people kill people”: You'll notice I haven't talked about the "cars don’t drive drunk, people do" example yet. I saved the best for last.
You have a right to drive. It's not a
privilege, but a right. In order to drive a car legally, you need a
license, which requires the holder to be tested for minimal competence
behind the wheel. You have to be able to see and read road signs, and
you have to show that you are physically capable of operating a motor
vehicle safely. In addition, the license holder must also demonstrate
knowledge of the laws and regulations regarding driving. Moreover, if
your doctor finds that you can no longer be trusted to drive a vehicle
and preserve the safety of everyone else on the road, he is legally required to
report you to the state motor vehicles department, and your license can
be suspended, pending a hearing. Likewise, if you can’t demonstrate
financial responsibility in case of an accident, in the form of either
insurance or a bond, you lose your license to drive a vehicle. If you
demonstrate irresponsibility on the road, your license can be taken away
for that, as well.
Your car must also be registered with
the state, meaning the state knows who owns every single vehicle at any
particular time, and each owner is responsible for his or her vehicle.
If your car is involved in an accident, the state knows who to go to.
And you are not allowed to drive a tank, or a rocket car, or a car that
shoots flames from its exhaust on a public street, because that would be
dangerous. You have a right, but that right is balanced with the right
of everyone else to drive their vehicle safely.
Here’s a novel idea; let’s treat guns and gun owners like cars and their drivers.
All guns should be registered, and all
gun owners should have to be licensed and carry insurance, the same as
we do with cars. Gun owners should have to attend gun safety courses and
demonstrate a minimal competence, and a knowledge of basic gun laws in
order to keep and/or carry a firearm. All gun owners should also have to
insure every gun, and be required to report it every time their gun is
missing or stolen.
It's no secret that some people are not
naturally responsible, and must have it enforced upon them, under
penalty of law. We do that with everything else; why do firearms get a
pass. If the cost of lead was half the price of stainless steel, do you
think manufacturers would hesitate to use it in manufacturing spoons and
pencils, regardless of the health effects, if they could do so legally?
Laws, regulation and enforcement are what keep us safe. There may be a lot of gun laws on the books, but if you don’t give authorities the tools to enforce those laws, we won’t be safer.
We have to do a better job of enforcing
the laws already on the books. Convicted felons and the mentally ill
are not allowed weapons, but we don't screen for that, except when a gun
is first sold byby a licensed dealer. Once that gun has been purchased,
the owner can sell it to anyone else without so much as a background
check, and that person can sell it again, and so on. Try to do that with
your car. If you sell your car to someone else, and don’t sign over the
pink slip, guess who’s financially responsible if that car plows into
something?"
...
"The problem isn’t the guns; it’s the people. But as is the case with
every other aspect of our society, we have to make rules that protect
the majority from the crazy minority. The United States has less than 5%
of the world's population, but 45% of the world's gun murders occur on
our soil. We have a problem, and we know how we can fix it.
It’s just common sense."
