A Chief Opinion on Gun Control (and the Second Amendment)

Prefacing this by saying that I'm not a lawyer of any kind, nor do I claim to be a legal expert.    

Gun control advocates have recently presented an interesting take on the Second Amendment to the United States Constitution.  As reasoning for their agenda, they point to a published (in 1990) quote from former US Supreme Court Chief Justice Warren Burger concerning the subject:   

"The gun lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American people by special interest groups that I have ever seen in my lifetime.  The real purpose of the Second Amendment was to ensure that state armies – the militia – would be maintained for the defense of the state.  The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires" (1).

I find it somewhat necessary to refute this argument. The Amendment reads thus:

"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” (2).

Moreover, the Constitution of the State of Connecticut declares that:

"Every citizen has a right to bear arms in defense of himself and the state" (3).

So saying, allow erstwhile (see definition) political commentators Penn and Teller to explain the matter at hand (with apologies for brief vulgarity).

 (4)

As Penn points out, the Amendment is talking about "the people", not specifically the militia (that is, the National Guard).  

Go read that section again; the language says that the people have a right to bear arms, not specifically and particularly the Guard.  This, according to the Amendment, is a right that "shall not be infringed".  If the framers of the Constitution meant for this right to only be applicable to the "militia(s)", don't you think they would've said that?   

By the way, what is the National Guard comprised of? The individual state units are not made up or commissioned officers from the armed forces.  Rather, they are composed of ordinary citizens; those who have volunteered to serve and defend their communities.  To this extent, the Amendment has indeed entrusted the right to bear arms to ordinary citizens. Therefore, the reasoning detailed by the former Chief Justice is demonstrably incorrect in its logic.

Now, let's look at exactly why the Second Amendment speaks of "the people".    

Referring back to the video, Penn mentions that at the time of the Amendment's writing, the people of the United States had just fought a war against a tyrannical force (that of the King of Great Britain). They knew that a time might come where a similar conflict would take place. As such, the writers of the Constitution put the right and duty of self-defense on the people, not just the militia.

Having detailed the error of the associated argument, allow me to explain one final point.

There are some types of firearms that clearly should not be easily accessible to ordinary citizens, especially those with mental health issues or a record of violent crime. AR-15s, combat rifles, and Uzis come to mind; these are weapons of war, not simply guns for one's defense.

You don't need to carry such a gun around; that is, not unless you intend to shoot up a school or something (bad idea).

Nevertheless, a responsible and law-abiding American citizen should be able to legally purchase a weapon meant for self-defense.

Obviously, we need to have a national discussion about what guns are appropriate. Even so, such a debate should balance the right to bear arms against the need for, and responsibility to, law and order. This topic will, perhaps, be addressed in a future post.

Definition -

Erstwhile: Adjective, being so occasionally, or in only some respects; sometime (5, 6).

Sources:

1. Lee, Timothy. “Warren Burger Meme Bungles 2nd Amendment.” Center for Individual Freedom, 26 Sept. 2019, cfif.org/v/index.php/commentary/42-constitution-and-legal/4683-warren-burger-meme-bungles-2nd-amendment. Accessed 8 June 2022. 

2. “U.S. Constitution - Amendment 2.” The U.S. Constitution Online, USConstitution.net, www.usconstitution.net/xconst_Am2.html. Accessed 8 June 2022.

3. Article I Section 15, “Constitution of the State of Connecticut.” Connecticut General Assembly, www.cga.ct.gov/asp/content/constitutions/ctconstitution.htm. Accessed 8 June 2022.

4. Excerpt of “Penn and Teller on Gun Control" (from 0:28). YouTube, uploaded by ProspMC, 11 Feb. 2013, www.youtube.com/watch?v=P4zE0K22zH8&t=28s. Accessed 8 June 2022. 

5. Merriam-Webster, Incorporated. “Erstwhile.” The Merriam-Webster.Com Dictionary, www.merriam-webster.com/dictionary/erstwhile. Accessed 8 June 2022.

6. Merriam-Webster, Incorporated. “Sometime.” The Merriam-Webster.Com Dictionary, www.merriam-webster.com/dictionary/sometime. Accessed 8 June 2022.