The Second Amendment and recent
Supreme Court opinions, District of Columbia v.
Heller 554 U.S. 570 (2008) and McDonald v. Chicago ,
561 U.S.
3025 (2010), are used to buttress the claim that every Tom, Dick
and Harriet has the Constitutional right to buy and carry guns.
In 1791 when the Second Amendment
was adopted guns were made by a gunsmith as single-shot weapons,
loaded through the muzzle, fired by a flintlock, with rudimentary rifling. Now
gun lovers, like the latest shooter’s mother, can easily buy all sorts of guns,
including automatic weapons. Along with lots of ammunition for quickly re-arming
those weapons.
We are seeing how well the rigid
and some would say poorly thought-out application of this particular Constitutional
provision is working out.
Meanwhile, journalists
engage in speculation about why the gunman would shoot children. Who cares why?
What about crazy do we not understand? And if we knew the gunman’s reasons
would it make any difference? I don’t think so.
What would have made a difference
is if the gunman had not had easy access to automatic weapons meant for killing
lots of people quickly.
In a dissent in the Supreme Court’s Heller case, Justice Stevens, joined by
Justices Souter, Ginsberg, and Breyer, engaged in legal analysis that sensibly construed
the Second Amendment:
The Amendment’s text does justify a different
limitation: the “right to keep and bear arms” protects only a right to possess
and use firearms in connection with service in a state-organized militia. Had
the Framers wished to expand the meaning of the phrase “bear arms” to encompass
civilian possession and use, they could have done so by the addition of phrases
such as “for the defense of themselves”.
Those who favor gun control urge
immediate action to try to avoid future tragedies like the one in Connecticut , and the
many other places whose names now are identified with this horror.
Those who uphold unlimited “gun rights” send
their condolences to the families and urge prayer.
God helps those who help
themselves. I’m asking my legislators and President to put an end to unlimited
rights for those who would use guns for domestic terrorism or senseless violence.
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