Gun Control: What You Should Know About It

Gun control is a recently-neglected domestic issue, but deserves to be thought about as we enter the 2008 election season.

Yes, the US Constitution does grant us the right to bear arms: "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." is how it's precisely phrased.

The amendment begins with an independent causal clause: the right to bear arms is certainly qualified, and a brief recollection of American History will show that the Constitution was written in 1787 (the second amendment being ratified in 1791) making it legal for citizens to own firearms for the purposes of defending the country. This was, after all, within our country's first 20 years of existence.

In 1939, the US Supreme Court, in 'US vs. Miller,' ruled that the 2nd amendment only protects guns 'suitable for a well-regulated militia.' This would mean that guns obviously not 'suitable' for this specific purpose, sawed-off shotguns for example, would be banned. Since 1939, the Supreme Court has not heard any further 2nd amendment cases; the most recent ruling, in 1997, overturned part of the 1993 Brady Bill, but did not address 2nd amendment rights.

I would argue this type of language is too general, that automatic and semi-automatic weapons should also be made completely unavailable to civilians, even though our military employs them for defense purposes. The last significant piece of gun legislation passed was the 1994 Assault Weapons Ban. The bill was passed by congress and signed by President Clinton on the same day, but was only a ten-year ban. A recent bill that would have subjected handguns to the same restrictions as machine guns died before the 107th Congress adjourned in 2001. The only debate for 2002 was on closing the so-called "gun-show loophole," which would make vendors at gun shows conduct the same background checks and waiting periods as regular gun vendors.

Thankfully President G.W. Bush did support renewing the Assault Weapons Ban in 2004. He has not made gun control a major issue since then, but generally supports civilian ownership of firearms. His track record on trigger locks also seems relatively neutral.

Congress has been quiet recently on gun issues. They certainly have their hands full with other things, but the general trend has been to respond to tragedies (Columbine especially) with weak legislation that quickly gets repealed or tempered. State legislators have followed suit: in 2000, for example, the NRA "gave thousands of dollars to Colorado state legislators... to defeat gun control laws inspired by the Columbine massacre" (CBS, 02/17/2000), and succeeded in doing so.

The NRA was formed in 1871 to "promote and encourage rifle shooting on a scientific basis." It seems rather obvious that the NRA has fallen on one side of the debate over the second amendment and its full implications, taking the most narrow interpretation and completely ignoring the context in which it was written. The sheer volume of NRA lobbyists in Washington has ensured that their interests are protected, and there is no significant coalition in Washington acting against the NRA in any perceivable way.

I have compiled the following from various sources, which would be too lengthy to list. If you would like to know where these were found, please contact me. Both voting records and basic stances on issues are listed for each of the remaining candidates.

Hillary Clinton:
* Against illegal guns, urges a crack-down on illegal gun dealers. (Jan 2008)
* Voted NO on prohibiting lawsuits against gun manufacturers. (Jul 2005)
* Voted NO on banning lawsuits against gun manufacturers for gun violence. (Mar 2004)

Barack Obama:
* Voted NO on prohibiting lawsuits against gun manufacturers. (Jul 2005)
*2000: cosponsored bill to limit purchases to 1 gun per month.

Both Democratic candidates generally take a self-proclaimed 'common sense' approach to gun control laws, and both consider child safety and checking urban violence among the top priorities for future gun legislation.

John McCain:
* Opposes restrictions on assault weapons and ammunition types [including 'piercing' bullets that can penetrate bulletproof equipment, and have been used against police officers in the past]. (Sep 2007)
* Supports ban on certain assault weapons. (Aug 1999)
* Voted against Brady Bill & assault weapon ban. (Aug 1999)
* Supported Youth Violence Prevention Act restricting guns for kids. (May 1999)
* Voted YES on prohibiting lawsuits against gun manufacturers. (Jul 2005)
* Voted YES on banning lawsuits against gun manufacturers for gun violence. (Mar 2004)
* Voted NO on background checks at gun shows. (May 1999)
* Voted YES on more penalties for gun & drug violations. (May 1999)
* Voted YES on loosening license & background checks at gun shows. (May 1999)
* Voted YES on maintaining current law: guns sold without trigger locks. (Jul 1998)

Ron Paul:
* We should let airlines make rules about passengers holding guns in order to fight terror. (Sep 2007)
* Opposes the Washington, D.C., Gun Ban, saying it's not just a "collective right". (Mar 2007)
* We should ease procedures on the purchase and registration of firearms. (Nov 1996)
* We should allow law-abiding citizens to carry concealed firearms. (Nov 1996)
* Voted NO on prohibiting product misuse lawsuits on gun manufacturers. (Oct 2005)
* Voted NO on prohibiting suing gunmakers & sellers for gun misuse. (Apr 2003)
* Voted NO on decreasing gun waiting period from 3 days to 1. (Jun 1999)
* Rated A by the NRA, indicating a pro-gun rights voting record. (Dec 2003)

In my opinion, gun control should be an easy issue: asking gun owners to have trigger locks on their guns, and denying them access to weaponry beyond what could be considered reasonable for use in home defense or hunting, should not be met with such fierce opposition. It's a matter of common sense. I have no reason that believe that the 2nd Amendment will be modified or repealed at any point in the near future, but the main point of contention has been in its interpretation; I believe that the 2nd Amendment demands a specific interpretation, and that it has a much more narrow application than many gun supporters would have you believe. The issue should be addressed largely in terms of the benefits of stricter legislation. I believe that it is crucial to protect civilians, especially children, and that this is enough of a reason to support ongoing gun control legislation such as mandatory trigger locks, a comprehensive system of monitoring all gun ownership, and the abolishment of the "gun show loophole" (which allows many who would otherwise be unable to acquire a firearm to do just that), among other related issues.

With the November Elections coming up, it seems prudent enough to understand what exactly you're voting for when the time comes. I urge everyone to make full use of your rights as a citizen to vote, and I urge you to collect as much information as possible to assist your choice. Thomas Jefferson once said, “If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be. An informed citizenry is at the heart of a dynamic democracy.”

I anticipate posting additional information about other issues that are of importance to me. Please feel free to voice your opinions here, or anywhere you wish. If this helps spark conversation, all the better.