Why Can’t We Get Rid of Guns?

The majority of homicides in America are caused by gunfire (unodc.org).  Logic would dictate that if we get rid of guns we could reduce the violence associated with them. An ABC News/Washington Post survey released April 16^th indicated that 86% of Americans said they favored background checks for gun sales on the internet and at gun shows (politicalticker.blogs.cnn.com). So why is it so difficult to be rid of guns in this country?

To start, the US Constitution guarantees the right to bear arms in the 2^nd Amendment: “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.”

Does this apply to today’s gun technology? Yes. The Constitution’s authors knew it was imperative that the citizens possess equal firepower to their government. In effect the 2^nd Amendment acts as the unofficial fourth check and balance to our government. Noah Webster of Merriam-Webster’s Dictionary wrote "Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence [sic], raised in the United States."

[...the 2^nd Amendment acts as the unofficial fourth check and balance to our government]

What about reasonable limitations on gun ownership? In McDonald v. Chicago (2010) the Supreme Court ruled the 2^nd Amendment was incorporated in the federal laws that guide state and local laws (NY Times). Basically this states that the 2^nd Amendment’s protections cannot be limited by any legislative body without a Constitutional Amendment.

Perhaps we should regulate gun purchases? Maybe just mandate background checks for all gun transactions? President Obama and Democratic leaders backed the Manchin-Toomey Amendment that would have expanded background checks to include private sales and banning semiautomatic firearms modeled from military assault rifles. However, the bill failed to reach the 60 vote approval threshold, falling 6 votes short (CNN).

Why do we accept infringement on this right? We do not allow governing powers to qualify our other constitutional rights. Freedom of Association is a constitutionally protected right. There are certain associations, like gangs, that could be a threat to our society. If the government, in the interest of protecting the general population, mandated that all people go through a background check prior to making new relationships, the people would revolt! Guns are treated differently because people fear them. It may be popular to restrict guns, but it’s not legal. Fear does not make sound law.

Benjamin Franklin said “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” Attempts to limit gun rights strengthens despots.

The government respects the boundaries of a gun-owning public. Without guns we are vulnerable to the whims of our leaders. Like any weapon it can be dangerous and demands respect, but without the gun there could be no peace. So the question isn’t whether we should be rid of guns. The question is why would we want to give them away? 

get it?

By: Austin Given

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