...and of rights and lefts, and of rights and wrongs...and why it’s important that we find an answer.
With all this talk about guns and “gun rights”, it’s time that someone pointed out that the Second Amendment does not mention guns. Not once. “Arms,” yes, but never guns.
Someone with a knife or a pointed stick is “armed.” And so is someone with a gun...but the Bill of Rights is very non-specific about what kind of “arms” it covers. and its no good saying, “Well, that's how people were armed back then!” Remember that in post-revolutionary America, when the Bill of Rights was written, a sword was still something that a solder could be expected to carry and use. Pikes were still issued, and would still be issued as late as the American Civil War.
If we say that this right
must cover guns since guns are
obviously arms, then what is to prevent private citizens from possessing nuclear weapons (other than the expense)? Then there’s the other side of that coin: If we accept that some restrictions/regulations as to the
type of weapons that are acceptable for private ownership, and since there is no specific provision for guns made in the Second Amendment, how can you say that the right to carry firearms is guaranteed by the Constitution?
The “right to bear arms” spelled out in the Second Amendment could thus be interpreted as applying to firearms only at the government’s discretion. As long as you are permitted the right to carry a knife or a stick then it could be legitimately be argued that your “right to bear arms” is still being protected, even as specific types of arms (or the length of your knife) may be restricted for your use or even forbidden to you outright.
(One other observation about the Second Amendment: To some people the Second Amendment is forthright and unambiguous. To others its meaning is as clear as mud at midnight. To my thinking, the fact that there are two so widely divergent opinions on the Second Amendment, both of them widely held and vociferously defended, belies the idea of the amendment being at all unambiguous.)
Now, I am not advocating such a radical change in how the Second Amendment is interpreted. (Though is it really all that radical?) What I AM saying is that the “clear-cut language of the Constitution” (as I have heard it called) isn’t all that clear-cut, and what is needed RIGHT NOW is a national dialog on what the Second Amendment actually means. Because in the end it means as much, or as little, as we all agree that it means...and right now, there’s not a lot of agreement on this issue. And there needs to be.
These then are the two extremes, mutually exclusive and mutually antagonistic, neither of which I find all that appealing:
Position One: Since guns are not specifically mentioned in the Bill of Rights then the right to bear them is not guaranteed.
Position Two: The right to own and carry guns is covered under the definition of “arms” and every other type of weapon, from bolas to battleships, should be permitted without let or hindrance.
Obviously there must be some middle ground somewhere, and somewhere there must be a position that most of us can agree to defend; but the power of the gun industry, wielded through the NRA, is preventing us from finding it. Or even looking for it. As desperately as a national dialog on this issue is needed, the NRA and its allies are dedicated to preventing that from happening, and keep trying to force society to one extreme while liberals and progressives (and, admittedly, this group usually includes me) keep trying to force society to the other extreme.
What we’ve done is replace the search for common ground with extremism, and every day that we’re prevented from searching for that common ground we become more accustomed to the extremes being the only positions available to us. And when one extreme position fails us then we rush headlong to the other side, ignoring the fact that we’d all really rather be somewhere in the middle if we gave it any thought. But extremism discourages thought, even as it discourages centrist opinions.
I don’t like extremes or extremists, and I really hate being forced to one extreme because I find the other abhorrent. I hate being told that gun control (or, indeed, any issue) is a “you’re either with us or against us” proposition, and I hate being prevented from exploring solutions that don’t entirely mesh with one or the other extreme. I hate being in the middle of a battlefield, with each side telling me that I need to run to their trenches and help them defend their position if I want to be safe. And I hate that as long as you’re in the trenches for one side or the other then you’re not looking for a way to stop the fighting.
As far as I’m concerned, the extremists can hang by their extremities until the damned things fall off. The truth is, neither side can defend their entrenched positions unless a lot of us are willing to help them do it. The more of us who are willing to seek solutions, the fewer there will be to defend entrenched orthodoxy. And obviously, the more of us looking for solutions the better our chances of finding them.
The safety of the trenches is illusory; you’re forced to defend a position you did not choose, perpetuating a fight that cannot be won without great loss, gaining some protection from the enemy by defending a fixed position on which the opposition can train all of their guns.
Which I’m no longer sure they have a Constitutional right to.
The Blues Viking
The opinions expressed here are mine and if you don’t like them you can get your own damn blog.