> I'm
> fully aware of the philosophical reasoning behind the "right to
bear
> arms" (I don't necessarily agree with it, but I understand it.)
IMO, the philosophical reasoning behind the US Constitution's 2nd
Amendment (the one about bearing arms, for all you outside the
states) is not that clear. The prevailing interpretation has been
that it means anybody can own or carry a gun. The usual reason
given for doing this is to "protect my home and family" (which,
IMO, ignores the overwhelming statistics that show a gun in the
home is far more likely to injure or kill a family member than
any intruder or criminal.
A more limited interpretation is that the second amendment
provides for the organization of civilian militia, but does not
necessarily confer the right to walk around with a 9mm Beretta in
your waistband. The problem then becomes how do we define a
civilian militia. Militia, at the very least, implies
organization, so it doesn't make sense to claim (as some have)
that by just owning a gun you're part of a militia therefore have
a right to carry/own that gun. Furthermore, the ostensible
purpose of militias (esp. in the 18th c.) was to allow the
populace to protect itself against a government turned
oppressive--which would imply that assault weapons, not handguns,
would be the preferred weapon for militia. Most of the gun-
related violence in America comes from handguns, though.
Furthermore, IMO, the second amendment is an *archaic* piece of
legislation; when it was passed "arms" were pretty limited in
scope, a cannon being about the most powerful arm around. A
populace armed with muskets stood a pretty good chance, even
against a government armed with cannons. Today, however, even a
populace armed with assault rifles wouldn't stand much of a
chance against a government armed with jet fighter, rocket
launchers, tanks, and tactical nuclear warheads. At most, a
contemporary American militia could wage a guerilla war of
attrition against the U.S. government, but I suspect even that
would be doomed to failure. The 2nd amendment is archaic because
the authors of the Constitution weren't precient; they couldn't
(nor could we expect them to) foresee the day when the military's
weaponry would be so expensive and technically intricate as to be
out of the reach of the common population.
I don't think the 2nd amendment has proven to be any kind of boon
for the US whatsoever, and has in fact been counterproductive in
the 20th century. The last time that the "right to bear arms" was
useful to any group was in the U.S. Civil War (and its
"usefulness" is even questionable then, I guess). Since World War
I, at least, the civilian populace has been unable to compete
with the government's military technology. Guns today don't exist
to be used against government oppression, but to be used against
other Americans, whether in committing or "defending against" a
crime. Countries that have had longstanding severe gun-control
(esp. handgun-control) policies today have EXTREMELY lower rates
of violent crime than the US.
Unfortunately, I think it's probably too late to turn back the
clock on American gun control. Even if we outlawed handguns
tomorrow, that would only affect the law-abiding gun users (one
of the few valid points the NRA has). I still think a widespread
ban of guns would be a good step, but I doubt it has the popular
support to pass.
I think restrictions on carrying weapons, limits on the # of guns
an individual can own, waiting periods before purchase,
background checks, and bans on automatic assault and plastic-
bodied weapons are all reasonable compromises that allow people
to still "protect their homes," but allow law enforcement to get
dangerous weapons out of the hands of dangerous people.
Of course, these statements come months after my state, Virginia,
made carrying a concealed weapon legal for anyone without a
felony on their records, and on the day when the U.S. House of
Representatives is likely to vote to repeal the ban on assault
weapons. Sigh.
-- Greg Ritter gritter@felix.vcu.edu ritter@urvax.urich.edu http://www.urich.edu/~ritter