The Impossible Logic of the US Gun Debate
The US Senate, despite a Democratic majority, was unable to pass a very reasonable gun measure today that included âuniversal background checks for gun sales, the reinstatement and strengthening of the assault weapons ban, limiting ammunition magazines to a 10-round capacity, and other measures.â Basic protection for our nationâs children, movie/temple-goers, senatorsâto name the victims of a few recent tragediesâwas denied. It is obvious that the money given by the gun lobby is of more importance to these twisted individuals than the lives of innocent people.
Polls show that a majority of Americans are in favor of tighter gun laws. This is good news, as it suggets that citizens are not completely desensitized and accepting of random acts of violence that have become routine in our society. However, the failure to pass such basic and common sense laws to keep guns out of the hands of criminals and the mentally ill reflects a larger trend in American politics that reaches beyond the realm of public opinionâthat is, the huge influence moneyed parties have in politics and the relative absence of public consent in important decisions.
Recent public discourse concerning tighter gun laws gives evidence that logical arguments are fated to lose to those that have inexhaustible resources, namely money. Indeed, there exists not one convincing reason that the Manchin-Toomey amendment is unconstitutional or excessively harsh toward law-abiding gun owners.
Those that voted against the compromise are defending the rights of some shady characters. The legislation would expand background checks to private dealers, including exchanges made online. If current gun owners and gun-rights advocates are law abiding citizens, which their absurd claim (weâll get to that later) to the 2nd Amendment implies, why are background checks threatening? Ensuring that criminals and the mentally ill cannot obtain a lethal weapon should be something we can all agree on.
Under current law it is illegal for those charged with a felony to own a firearm. But without background checks whatâs to stop a convicted felon from obtaining one anyway? The answer, because of the prevalence of online private selling, is NOTHING. In a New York Times article published today, journalists found that there is literally nothing barring a criminal from purchasing a gun other than the inclination of the individual selling it. Selling guns across state lines, which is illegal, is common and the identification of the purchaser is largely concealed in these online communities.
Investigation of this ânever-ending gun showâ revealed that the online gun market is essentially anarchic. Multiple clients were contacted and discovered to be felons, illegally buying and selling guns freely. The website the journalists explored was found to be the source for weapons used in violent crimes, as a number of lawsuits indicated. If gun-rights advocates are not criminals, which most presumably are not, why is it so hard to accept measures that regulate this terrifyingly free exchange of lethal weapons?
One of the rallying cries of gun-advocates is that gun control measures are authoritarian in nature. Citizens have a right to own weapons, the argument goes, in order to protect themselves from government tyranny. Without this right the people can be easily subdued and controlled without the means to fight this injustice. Immediately clear in this line of reasoning is its foundation in delusional paranoia. The argument that the worldâs largest and longest standing democracy is moving toward tyranny (not comepletely ridiculous) and plotting to âtake away our gunsâ so as to leave us no defense is absurd for numerous reasons. However, only one is necessary to abolish it: drones. If someone can convince me that a citizenry armed to its teeth with firearms has a chance of defeating a government armed with a fleet of unmanned drones I will happily reconsiderâor check myself in to a mental ward.
Another popular claim is that âguns donât kill people, people kill people.â Those who use this defense typically call for more funding for programs that help the mentally ill or, astoundingly, for teachers to carry weapons to protect students from would-be murderers. What I donât understand, however, is how this in any way defeats the purpose of stricter legislationâafter all, wouldnât more gun control make it more difficult for âpeople who kill peopleâ to obtain a weapon that would make it easier to do so?
These are but two examples of arguments used by average American citizens. They highlight the dumbing down of the real issue; it is much easier to fire up uneducated gun owners by simplifying the problem at handâsimply changing the issue from, âlets keep guns out of the hands of criminals and make guns in general less dangerous,â to, âthe government is going to take your guns away!â The rhetoric used by gun-rights advocates underlines not only a fundamental misinterpretation of harmless legislation but the honest intentions behind it.
The 2nd Amendment is Untouchable
The 2nd Amendment to the US constitution reads:
âA 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.â
It seems that people who invoke the claim that gun-control legislation is unconstitutional forget the first half of the sentence. How is an amendment addressing the need for a âwell regulated militiaâ even relevant to society today? Further, how are stricter background checks and bans on military-grade assault weapons (built solely for killing people) infringing on the right of the people to âkeep and bear arms.â Assault weapons, after all, had not been created at the time the Amendment was adoptedâdoes it not follow that the framers intention for such dangerous weapons is unspecified and open to interpretation?
This argument, which is clearly the strongest and most frequently used, inflames the emotions of âgoodâ American citizens by drawing attention to our âsacredâ Bill of Rights and the words of our beloved Founding Fathers. Gun control legislation, it goes, is simply unconstitutional, anti-American, and antithetical to the brave and wise men who authored our constitution. Its words are final and not open to interpretation, end of discussion. That this reasoning gathers so much support and provides a legitimate answer to tighter gun regulation underscores both the unforgivable ignorance of citizens that adhere to it and the exploitative nature of the moneyed interests that propagate it.
The unflinching protection of the 2nd Amendment illustrates a discriminate attitude toward the Bill of Rights. The jurisprudence of the 4th Amendment provides ample evidence. It states:
âThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.â
While admittedly ambiguousâitâs been subject to copious reviews and interpretationsâthe intention is clear, we are free from personal government intrusion unless that intrusion has been legally authorized.
Despite its crystal clear purpose, the 4th Amendment has been all but obliterated. âProbable causeâ has been so broadly interpreted it has lost its meaningâeven allowing, hilariously, searches and seizures on people acting suspiciously unsuspicious. Numerous exceptions have been introduced to circumvent the warrant requirementâincluding voluntary consent and exigent circumstancesâand rely heavily upon the arresting officerâs discretion, which judges rarely call into question. The weakening of the amendment and shocking reinterpretation of its original intentions continues to this day with little opposition or public outrage.
A Counterintuitive Conclusion
The problem with the gun debate is multifaceted. The most obvious explanation for the disproportionately loud voice of 2nd Amendment defenders is money. The people most affected by the ongoing desecration of the 4th Amendment are lower income minorities, as a case currently before the Supreme Court indicates. These actual infringements directly affect innocent civilians, as they are embarrassed and harassed by officers claiming âprobable causeâ who are virtually protected from claims of racial discrimination. How many innocent civilians would tighter gun regulation directly harm? My guess it a whole lot less.
The voices of these people go unheard because there is no lobby putting money in the pockets of politiciansâthere is no profit in protecting these rights because there is no consumption involved. Gun manufacturers are worried about the bottom line; less regulation means more available customers; what these customers might do with their gun is someone elseâs problemâthe âpeople kill peopleâ argument again. It is an industry and as such has an interest in producing and selling as many weapons as possible, to ensure this means dedicating significant resources opposing legislation that might negatively affect their profit margin.
There is no lobby for human rights because there is no profit in them, no resources to buy votes. Arguing for legislation that would make it harder to carry out violent acts of public violence at the hand of a gun is futileâit is the equivalent of a charity director trying to win a settlement against an investment banker. The 2nd Amendment protects a specific industry and provides that industry a means to exploit their (largely) ignorant consumers to oppose legislation that would hardly affect them.
The great irony is the selective attention given to one "right" over anotherâif people are so worried about the government "taking their guns away" they should focus their attention on the now unlimited ability of the government to search and seize. That gun-rights advocates abhor minor exceptions to the 2nd Amendment while conveniently ignoring those of others (which are arguably more consequential) is reflective of the ridiculous reasoning on that side of the debate.