Do Americans really have
the right to bear arms?
Before I answer that question, let me give you some interesting
statistics and facts about gun control in other countries.
Japan
Guns have been controlled in Japan
since the late sixteenth century. After the Second World War, gun control
became very strict. Many civilians have never seen a gun in their
lives.
In order for a person to own
hunting guns and to hunt animals and birds with a gun, he or she must pay a
hunting tax and obtain a gun-possession permit, hunting license, and hunting
registration. The process for obtaining a gun-possession permit is
cumbersome and time-consuming. The number of people who possess guns has
been declining as a result of the very strict regulations.
There are very few deaths by
gunshots in Japan, which has a low homicide rate overall. The suicide
rate, on the other hand, is very high, and many speculate that if Japanese
people were able to possess guns more freely, the suicide rate would rise
sharply.
The 1958 Law has frequently been amended following a public outcry
after crimes or incidents involving guns, each amendment making the
restrictions tighter. For example, when the police determined that most
illegal guns were imported from abroad, a provision making the unauthorized
importing of guns a crime was added to the law in 1965. After an
eighteen-year-old licensed to own two hunting rifles killed a police officer
and went on a shooting spree against police officers in 1965, the age for
owning a hunting rifle was raised from eighteen to twenty years old. After replica guns were used for crimes in the 1960s, including
airplane hijacking, the possession of replica handguns that appear real was
also prohibited. More recently, airsoft guns of more than a certain
power began to be regulated by a 2006 amendment. After five
murders involving shotguns, a 2008 amendment further restricted the possession
of such guns.
To obtain permission to possess a
gun, a person must file an application with the Public Safety Commission of the prefecture where he or she lives
specifying the gun to be in his or her possession and the purpose of its use. The kind of gun permitted to be possessed is limited, depending
on the purpose of the possession. Among the guns included are hunting guns (rifles and
shotguns) or air guns, excluding air pistols, to be used for target shooting,
hunting, or extermination of harmful birds and animals; special guns used in specific
businesses, such as lifesaving, slaughterhouses, fisheries, and construction,
guns for testing or research and pistols and air pistols to be
used in international athletic competitions when recommended by a person
designated by Cabinet order. Possession of handguns by civilians is not allowed
except for researchers using them for testing or research purposes.
That country has virtually
eliminated shooting deaths in part by forbidding
almost all forms of firearm ownership and for this reason; Japan has as few as
two gun-related homicides a year. Japan’s population in 2016 is approximately 126,317,000 It is obviously a safe country to be in.
United Kingdom
The UK
has some of the toughest gun control laws in the world. If you want to own a
gun, it is very difficult to do so. In short, it has been designed to put as
many barriers in the way as possible and to assume the worst, rather than hope
for the best.
Gun Control is administered by police forces in each part of
the UK and in England, Scotland and Wales there are separate licences for
shotguns and for other firearms. According to the most recent figures for
England and Wales, there are 138,728 people certificated to hold firearms and
they own 435,383 weapons. There are 574,946 shotgun certificates which cover
1.4 million shotguns. Statistics for Scotland show that 70,839 firearms were held
by 26,072 certificate holders at the end of last year. Some 50,000 people in
Scotland are certificated to hold shotguns and 137,768 weapons are covered by
those certificates.
Getting a licence is a long and complicated business. Every
stage of the process is designed to reduce the likelihood of a gun falling into
the wrong hands. It starts with an application form which asks specific
questions about why the individual wants a gun, telling them they need to show
good reason for having one in their possession. Shotguns tend to be used in
more general rural circumstances, such as by farmers who are protecting
livestock from foxes. The police recognize that landowners need guns for pest
control.
The criteria are tougher for rifles and handguns than
shotguns because weapons that fire bullets must only be used for specific
purposes in specific places. These would include deer stalking or sports
shooting on an approved range.
Police officers
check the Police National Computer
for a criminal record and they speak to the applicant's background for evidence
of alcoholism, drug abuse or signs of personality disorder. Social services can
also be asked for reasons to turn down an applicant. Finally, senior officers
must be sure that prospective gun holders have a secure location for the
weapon, typically a dedicated gun cabinet. Each certificate is valid for five
years.
Michael Ryan's massacre of 16 people in Hungerford in 1987
led to the banning of all modern semi-automatic rifles, the range of guns that
can be fired rapidly without needing to be reloaded.
Nine years later, Thomas Hamilton killed 16 schoolchildren
and their teacher when he opened fire at a school in Dunblane. Parliament
banned the possession of all handguns carried by ordinary citizens and there is
now a mandatory five-year jail sentence for the illegal possession of a handgun
The ringleader of Britain’s biggest known gun-smuggling operation was sentenced to 35 years in jail for shipping
£100,000 worth of weapons from the same source used in the Charlie Hebdo terror
attack.
Nationally, there were 29
fatalities resulting from offences involving firearms in 2013/14; one fewer
than the previous year and the lowest figure since 1980.
Children in the UK as young as 10 were among 1,500 youngsters
arrested for firearm offences between 2013 and 2016.
The
population in the UK in 2016 is approximately 65,121,000
Canada
The U.S.'s neighbor to the north had an outstandingly
low gun casualty statistics in 2009. There were 0.5 deaths per 100,000 from gun
homicide (173) Still, the ownership was comparatively high since there were 23.8 firearms per 100 people in the Canada
that year.
Unlike in the US, there is no legal right to possess arms in Canada. It takes sixty days to buy a gun in Canada and
there is mandatory licensing for gun owners. Gun owners pursuing a license
must have third-party references, take a safety training course and pass a
background check with a focus on mental, criminal and addiction histories.
Licensing agents are required to advise an applicant's spouse or next-of-kin prior to granting a
license and licenses are denied to applicants with any past history of domestic
violence. Buyers in private sales of weapons must also pass official background
checks.
Canadian civilians aren't allowed to possess any automatic weapons, handguns with a barrel shorter
than 10.5 cm or any modified handgun, rifle or shotgun. Most semi-automatic
assault weapons are also banned. As a result of exemptions, several kinds of
assault weapons are still legal in Canada, although this has been the source
of some controversy.
Anyone in Canada found in possession of an
illegal firearm will face a mandatory
five years in prison.
Canada reported only 172 firearm-related
homicides in 2014 out of a total of 543
homicides,
the lowest tally in more than half a decade,
The population
in Canada in 2014 was estimated to be 35,540,400.
United States
America's gun control laws are the loosest in the developed world and its rate of gun-related homicide is the highest. Of the world’s 23 “rich” countries, the U.S.
gun-related murder rate is almost 20 times that of the other 22 countries. With almost one
privately owned firearm per person, America’s ownership rate is the highest in
the world.
More Americans have been killed by guns since 1968
than in all of the wars the U.S. fought in. There were as many as 1,396,733 members of the armed forces killed on
the battlefields of all the wars the Americans fought in including the American
Civil War.
Here is a summary. The figures below refer to total deaths in the United
States caused by firearms.
Years firearm deaths
|
|
1968 to 1980 377.000
|
|
1981 to 1998
620-525
|
|
1999 to 2013 464,033
|
|
2015
33,183
|
|
(estimated based on rate from 2011-2013) 22,122
|
|
TOTAL, 1968-2015
1,516,863
|
These figures are frightening. These
figures refer to all gunfire-related deaths, not just homicides. In fact,
homicides represent a minority of gun deaths, with suicides comprising the
biggest share. In 2013, according to CDC data, 63 percent of gun-related deaths
were from suicides, 33 percent were from homicides, and roughly 1 percent each
were from accidents, legal interventions and undetermined causes.
No official figure exists but there are thought to be about
300 million guns in the US, held by about a third of the population. That is
nearly enough guns for every man, woman and child in the US.
There were 372 mass shootings in the US in 2015, killing 475
people and wounding 1,870. Some 13,286 people were killed in the US by firearms
in 2015, according to the Gun Violence Archive, and 26,819 people were injured (those
figures exclude suicide). Those figures are likely to rise by several hundred,
once incidents in the final week of the year are counted.
The US spends more than a trillion dollars per year defending
itself against terrorists, who are a tiny fraction of the number of criminals who
kill people for reasons other than terrorism.
The right to own guns is regarded by many as enshrined in the Second
Amendment to
the US Constitution, and it
is fiercely defended by lobby groups such as the National Rifle Association, which boasted that its membership surged to around
five million in the aftermath of the Sandy Hook school shooting.
According
to figures from the US
Department of Justice and
the Council on Foreign Affairs,
11,385 people died on average annually in firearm incidents in the US between
2001 and 2011.
In the
same period, an average of 517 people were killed annually in terror-related
incidents. Removing 2001, when 9/11 occurred, from the calculation produces an
annual average of just 31 persons killed by terrorists.
That mass shooting put 2015 on track to be America’s deadliest for gun violence since 2012 — the year 20 children and a
teacher were shot to death in their elementary school and many people were
convinced that was the turning point for American gun control. It wasn’t: Even
the most modest attempts at making it tougher to buy a gun have failed. U.S.
President said in the wake of gun violence in
the US; ““We have a pattern, now, of mass
shootings in this country that has no parallel anywhere else in the
world,”
Much of the America’s pro-gun push
is centered around protection and personal freedom. Gun sales tend to rise in
the wake of shootings both because people want to keep themselves and their
families safe, and because they fear a governmental crackdown on gun ownership.
According to the FBI, gun
sales skyrocketed on Black Friday, even as police engaged in an
hours-long standoff with a shooter who killed at least three people at a
Planned Parenthood clinic in Colorado.
However, there’s little evidence
to suggest guns keep even their owners safe. Most
of America’s gun deaths are suicides: Firearms are the country’s
leading method of suicide, and the
rate of firearm suicides is higher in America than just about everywhere else. Further, recently two men
carried concealed guns with them, presumably to protect themselves from
criminals. They were killed by police officers who thought they were drawing
their handguns to shoot the cops.
In my opinion, there are two really stupid laws in the US with respect
to firearms. The first is the law in some States that permits people to possess
military rifles. The second law is the one where some States permit their citizens to carry with them concealed
weapons.
Overall, Americans are almost 70
per cent more likely to die at the end of a gun; shot by someone else, by
themselves, by accident than Canadians are being killed in a car accident.
As of April 30, 2016, the United
States has a total resident population of 323,730,000, making it the third most
populous country in the world after India and China.
And
now, I will answer the question I raised in the heading of this article. to
wit; Do Americans really have the right to bear arms?
The Second Amendment, or Amendment
II, of the United States Constitution is the amendment and the section of the
Bill of Rights that says that people have the right to keep and bear arms. The
Second Amendment was adopted into the United States Constitution on December
15, 1791, along with the other amendments in the Bill of Rights.
What Does the Second Amendment Mean?
The Second Amendment is only a sentence long and this is what it says.
“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.”
There is a comma
after the word “arms” which means that the words after the word “arms” is part
of the purpose of the founding fathers of the United States who wrote the Amendment. In other words, it could
read;
“A well regulated Militia being necessary to the security of a free
State, therefore the right of the
people to keep and bear arms, shall not be
infringed.”
If there was a period at the end
of the word, “arms’ and the next word was capitalized, then that would mean
that the Amendment has two separate
statements, each one entirely different from the other. Since a comma separates
the two sets of words, that means the Amendment
is one statement and each of the two groups of the words are part of that one
statement.
In Switzerland, all males between
certain ages are require to be members of their local militia and are given
military rifles in which they must keep in their homes so that if the need
arises, they will already be armed when they report to their militias. I
believe that this was also the intention of the founding fathers.
When the
United States was being colonized
by immigrants from European countries, their
firearms were very important to them. During early American history, all
males who were between the ages of sixteen to sixty were required to be a part
of the local militia in their towns and communities. Almost everyone during
this time used and owned guns. The few men who did not use or own a gun
were required by law to pay a small fee instead of participating in the
military services of their communities. These militias defended their
communities against Indian raids and acted as a police force when it was needed.
It was also available to be called upon
to defend either their State or the United States of America if it they were invaded. Since the men in those days already
had their firearms in their homes, the founding fathers wanted to make sure
that their government didn’t take their guns away from them.
After the American Revolutionary War, the framers of the Constitution, believed that many Americans of the time, distrusted
standing (permanent) armies but they trusted their militias.
After the Revolutionary War,
Americans expected state militias to defend their newly created nation. The Articles of Confederation, the new nation's first
constitution, called for each state to maintain a well-armed Militia. Congress could call up the militias to
defend their new nation against any foreign power. However, Congress could
only form a standing army if nine of the thirteen states approved. This was one
of the weaknesses that led to the Constitutional Convention of 1787 and a new constitution.
In my
respectful opinion, what this meant then was that if a male of the appropriate
age was a member of the local Militia, then he could possess a firearm and bear
(carry) it when necessary. Of course farmers could also possess them and so can
anyone who goes hunting or uses them for competitive shooting.
I honestly think that
the Second Amendment is outdated. Nowadays,
members of their local Militia don’t keep military weapons belonging to the
militia in their homes like the Swiss do nor do they use the personal weapons
of its members. The last time the people
took arms against their government was in the American Civil War. I can’t envision a time in the future where the
American people will take up arms to fight their governments—State or Federal.
The phrase, “.…the right
to keep and bear arms shall not be
infringed.” is clearly outdated since that right doesn’t exist anymore. The words, shall not are imperative words that in essence means that that
right shall never be infringed. However,
the right is in fact infringed since the right to keep and bear arms is a non-entity since any
citizen can have that right taken from him or her if the authorities feel that certain
persons are a risk to themselves or to others.
The State of Virginia was one of the first colonies to adopt a
state constitution. They included the words: “……a well
regulated Militia, composed of the body of the people, trained to arms.” The
State of Pennsylvania declared: The people have a right to bear arms for the
defence of themselves and the state; and as standing armies in the time of
peace are dangerous to liberty, they ought not to be kept up; And that the
military should be kept under strict subordination to, and governed by, the civil power.”
The Second Amendment was a result of several proposals being combined
and simplified into just 27 words. This
simplification has caused many debates over
gun ownership and individual rights. Historians, judges and others have repeatedly looked
for the intended meaning by the 18th century writers of this Amendment. Different interpretations of the Second Amendment still cause public debates about firearm regulations and gun control
In 1939, the U.S. Supreme Court
made a landmark decision in United States v. Miller.
The Court determined that Congress could keep people from having certain weapons (in this case, a sawed-off shotgun) because the shotgun would not
help maintain a well-regulated militia. The Court said the Second Amendment's purpose was to ensure the effectiveness of the military.
Further, People
who obey the law cannot possibly use sawed-off shotguns for any legal purpose.
That also applies to military weapons. What legitimate purpose would a citizen
have for firing a military weapon when an ordinary rifle, shotgun or a handgun
would do when protecting one’s self or family in one’s home? The only persons
who carry and fire military weapons (other than members of the military) are
criminals.
Laws about similar weapons
that cannot be used for any legal purposes would not violate the Second Amendment. Laws that would keep criminals and
the mentally ill from having guns would also not
violate the Second Amendment. And
that also applies to persons who have violently attacked their spouses or
children. So as you can see, the right to bear arms can be infringed.
However, In McDonald v. Chicago, Supreme Court said in a 5-4 decision
in 2010, that the city of Chicago could not make it illegal for
citizens to own handguns. The Court ruled that the right of an individual to “keep
and bear arms” that was protected by the
Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment. The court held that it applies
to all the States.
Due process is the legal requirement that states that the government must respect all legal rights that are owed to a
person. Due process balances the power of law of the
land and protects the
individual person from it. When a government harms a person without following
the exact course of the law, this is a due
process violation, which offends the rule of law.
The Fourteenth Amendment (to the United States Constitution was adopted on July 9, 1868. It was one of the Reconstruction Amendments. The Amendment discusses citizenship rights and equal protection of the laws. It was proposed in response to issues
related to former slaves following the American Civil War.
This Amendment was bitterly
contested. Southern states were forced to ratify it in order to regain
representation in Congress. The Fourteenth
Amendment is one of the most litigated parts of the Constitution.
It forms the basis for landmark decision such
as Roe v.
Wade (1973), and Bush v. Gore (2000). It remains the most important Constitutional Amendment since the Bill
of Rights was
passed in 1791.
The issue dealt with by the
Supreme Court was the belief that everyone has the right to keep and bear arms
because it is a fundamental right that protects an individual’s inherent right
to self-defense, and as such, the States should be prohibited from infringing
that right.
The Rutherford
Institute, citing the high crime rate
in Chicago itself, urges that limiting state and local governments’ ability to
restrict the right to bear arms is necessary to allow citizens to protect
themselves against violent crime, especially in urban areas. I have to agree that is a valid point.
Several California district attorneys added
that handguns, in particular, are especially useful to average citizens in
defending themselves or their property against criminals, hereby making handgun
possession an important component of the individual right of self-defense. That
is another valid point.
Robberies
accounted for 28.0 percent of 1,165,383 violent crimes committed in
the United States in 2014. How many of those victims had the means to protect
themselves?
It isn’t just theft that happens during a home invasion. If a home owner
or his or her family happens to be in the home at the time of the crime, then
there is a good chance that an assault will happen. Violent crime has direct
links with home invasions.
According to a
United States Department of Justice report: As many as 38% of assaults and 60% of
rapes occur during home invasions. There has also
been quite a few murders committed during home invasions. One in every of
every five homes will experience a burglary or home
invasion. That is over 2,000,000 homes being entered by criminals.
According to Statistics Canada, there
has been an average of 289,200 home invasions annually
over the last 5 years. Statistically, there
are over 8,000 home invasions per day in the United States and
Canada. According to Statistics
U.S.A., there was an average of 3,600,000 home invasions
annually between 1994 and 2000.
I can
see justification of citizens having firearms in their homes so that they can
protect themselves and their families.
I am
against citizens carrying concealed firearms on their person when they are in
public. Consider these two following scenarios.
An
honest citizen who has a permit to carry a concealed handgun when he is in
public is walking on a street one night,
A robber pulls out a handgun from his belt and points in the face of the
citizen and orders the citizen to hand over his wallet. If the citizen reaches for his concealed gun,
the next thing he will hear is BANG. That is the last thing he will ever hear.
Now suppose he gives the robber his wallet and the robber
then turns away from the victim and while he is running down the street, the
victim pulls out his concealed handgun and shoots the robber in his back and
subsequently, the robber dies. Guess what? The victim is now facing a second
degree murder charge. That is what a cop who shot a fleeing suspect in the back
is now facing.
Neither of those two scenarios is going to have a happy ending. It is
far better to lose your wallet and its contents than lose your life or your
freedom.
The views of the National Rifle
Association
In June of 1999, two weeks after Rosie O’Donnell
used her TV talk show to confront Tom Selleck about gun violence. Dufring her
show, she called in to the TV show, Larry King Live” to promote gun control on CNN. Asked by Larry King if she
favored amending the Second Amendment to the Constitution, O’Donnell replied:
“I think that we need to seriously consider that. Yes, I do, Larry.”
The above may appear to some as evidence of gun
bashers running amuck in the media, even favoring a rewrite of the
Constitution. I submit it as evidence of just the opposite, The National Rifle
Association is a gun lobby that has dominated the terms of the media debate on
gun control.
As the nation's largest and oldest civil
rights organization, the NRA proudly supports the right of law-abiding
Americans to carry firearms for defense of themselves and others regardless of
race, religion or sexual orientation. I don’t take
issue with that view.
Americans who live in a household
where they or someone else is an NRA member overwhelmingly favored the idea of
making private gun sales and sales at gun shows subject to such checks. About
three-quarters (74%) backed these expanded checks compared with 26% who opposed them.
But far fewer people in NRA households supported proposed bans on assault-style
weapons or high-capacity ammunition clips. This is where the leaders of the NRA
should step in but rather than d that, they let things stand as they are.
A week after the December 14, 2012, massacre at Sandy Hook Elementary
School in Newtown, Connecticut, the NRA argued that gun control legislation
would not prevent similar shootings and instead, called for a nationwide
program that would place armed security in every school desiring protection.
I think the latter suggestion is a good one but suggesting that gun
control would not have prevented the killings in the school is outright stupid.
If there was better gun control than there currently is, the shooter who was a
screwed up teenager; would not have had access to his mother’s guns since she
would not be given a permit to have all those guns in her home as long as her
mentally disturbed child was still living with her or even visits her. Her guns
should have been locked up so that he couldn’t get access to them.
Many years ago, I sued a creep and when he was answering my questions
while I was cross examining him, it was obvious to him that he was losing his
defence, he suddenly left the witness stand and on his way out of the courtroom within the hearing of everyone
including the judge, he said in a loud
voice, “BATCHELOR. YOU ARE A DEAD MAN!”
I called the police and told them what had happened. Two days later,
they visited him. They took away all of his rifles and told him that if he buys
another one, they will arrest him and charge him with threatening to kill
me—which in Canada is a very serious crime. He never bought another gun and I
never heard from his again. He shouldn’t have guns in his possession in the
first place but at that time, there was no real gun control in Canada.
The United States needs better gun control.
I hope that you have found this article informative and
interesting.
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