Gun Control -vs- Right to Own
By: R. Joseph Fargo - 4/1/2003
Like the abortion issue, most people have already
formed an opinion concerning the issue of gun control creating
two very polarized camps of those for and against private gun
ownership. I want to make my views very clear on this issue, to
me; gun control means hitting your target dead center every time
you fire your weapon. What? That is not what you think of when
you hear the term gun control? Well you are not alone. While the
media would have you believe that the whole country is in favor
of outlawing all types of guns and limiting gun ownership to law
enforcement and military personnel, this is not what the constitution
of the United States, of which I am a citizen, had in mind when
penned over 200 years ago.
Looking closely at what was happening in the lives
of our founding fathers at the time when the U.S. Constitution
was written, we can get a better understanding of what might have
been going through the minds of our founding fathers when drafting
and signing the 2nd Amendment to the U.S. Constitution.
We must remember that at this time in history the
United States had just been formed. The founders of the U.S. Constitution
had the foresight to allow a process for modifying the original
document; this process of modifying the Constitution is known
as Amendment. The First Amendment was written in order to guaranty
the people’s rights to freedom of religion and freedom of
speech; this was the primary reason this country was colonized
in the first place. The Second Amendment, which was also very
much of a concern of those that fought for the freedom for the
U.S. from the oppressive British government, guaranteed the right
to bear arms.
In 1775 then British General Gage by order of King
George, who claimed governmental rule over the American colonies,
declared martial law; Gage went from house to house in Boston
confiscating private weapons in order to eliminate the threat
to British forces. If it were not for the heroic efforts of the
citizens of the American colonies who resisted the British troops,
the U.S. might still be under British control.
With the American Revolutionary War fresh in the
minds of our founding fathers, with pen in hand, they drafted
a simple but eloquent Amendment to the U.S. Constitution, "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." The use of the word militia here has been
the subject of many discussions about the original intent of this
Amendment. There are those who say that this refers only to the
Military and National Guard, while others infer that this means
that every U.S. Citizen has the right to carry a weapon anywhere
that he/she wishes.
The Supreme Court has done little to settle the
continuing debate over this important issue. In Presser v. Illinois
(1886), the Court held that "all citizens capable of bearing
arms constitute the reserve militia of the United States,"
which some would see as upholding a prohibition of state interference
with private gun ownership. In United States v. Miller (1939),
however, the Court upheld a law prohibiting private ownership
of a sawed-off shotgun, although the grounds for the decision
were narrow.
With the gun control debate still unresolved, it
might be helpful to examine what some of the founding fathers
had to say about U.S. citizens and their guns:
"The strongest reason for the people to retain the
right to keep and bear arms is, as a last resort, to protect
themselves against tyranny in government." -Thomas Jefferson-
"Americans [have] the right and advantage of being
armed -- unlike the citizens of other countries whose governments
are afraid to trust their people with arms." -James Madison-
"The Constitution shall never be construed
to prevent the people of the United States, who are peaceable
citizens from keeping their own arms . . ." -Samuel Adams-
"The best we can hope for concerning the people
at large is that they be properly armed." -Alexander
Hamilton-
"The very atmosphere of firearms anywhere and
everywhere restrains evil interference -- they deserve
a place of honor with all that is good." -George
Washington-
Other Quotable Americans:
"The balance of power is the scale of peace.
The same balance would be preserved were all the world
not destitute of arms, for all would be alike; but since
some will not, others dare not lay them aside ... Horrid
mischief would ensue were one half the world deprived
of the use of them ... the weak will become prey to the
strong." -Thomas Paine, Thoughts on Defensive War-
"The supreme power in America cannot enforce
unjust laws by the sword, because the whole body of the
people are armed, and constitute a force superior to any
band of regular troops that can be, on any pretense, raised
in the United States." -Noah Webster-
The intent of the founding fathers is clear; the Second Amendment
was drafted in order to allow all law-abiding citizens the right
to bear arms. To further justify this statement lets look at
the wording of the Amendment in closer detail. "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."
The first part of the Amendment "A well-regulated Militia,
being necessary to the security of a free State" appears
to be somewhat of a preamble to the actual right being recognized
in the second part of the Amendment. In other words, the founders
recognized that a well-regulated militia could not be maintained
unless average citizens were armed, and that a well-regulated
militia is essential to maintaining our civil liberties. The
second part of this Amendment "the right of the people
to keep and bear Arms, shall not be infringed" goes on
to recognize, not to grant, the right of the average citizen
to own and bear arms. This right cannot not be infringed or
abridged.
According to Professor Roy Copperud, a retired professor of
journalism at the University of Southern California and the
author of American (english language) Usage and Style,
the Second Amendment guarantees the right of every law abiding
citizen of the United States to own and bear arms without limitation
or restriction. He further indicates that if the Second Amendment
were written today it would read, "Since a well-regulated
militia is necessary to the security of a free state, the right
of the people to keep and bear arms shall not be abridged."
To read Professor Copperud's complete comments go to http://www.2asisters.org/unabridged.htm.
Let’s take another look at the Second Amendment, this
time focusing solely on the word militia. What exactly does
this word mean, and where is all the controversy coming from?
Today, the most common meaning for the word militia as stated
by Webster's Unabridged Dictionary is:
Militia - 1. a body of citizens enrolled for
military service, and called out periodically for drill but
serving full time only in emergencies. 2. a body of citizen
soldiers as distinguished from professional soldiers.
The more common meaning at the time of the writing of the Second
Amendment however was this one:
Militia - 3. all able-bodied males considered
by law eligible for military service.
"A militia, when properly formed, are in fact the
people themselves ... and include all men capable of bearing
arms." -Richard Henry Lee, Senator, First Congress-
Now that we have analyzed the Second Amendment, we can hopefully
see that the intent of the Second Amendment was not specifically
granting a well organized militia the right to bear arms but instead
to grant every law abiding citizen the right to bear arms.
There are those among us that say that the Second Amendment is
old fashioned and out of step with today's forward thinkers. Others
would have us believe that we must restrict gun ownership, as the
public at large is unable to responsibly own guns without putting
our civilization in grave danger from the misuse of these deadly
weapons. To these people I say, balderdash! If the public at large
cannot be trusted with the security of our nation, then we the U.S.
Citizens will be at risk of losing all of our civil liberties, including
the right to bear arms.
"Are we at last brought to such humiliating and debasing
degradation, that we cannot be trusted with arms for our defense?"
-Patrick Henry-
With the radical liberals controlling the mainstream media, most
of the stories that we hear today are about how guns are being misused.
Seldom do they ever report on how the mere presence of a gun in
the hands of a law abiding citizen deterred a crime from occurring
or caused a criminal to flee the scene of a crime without his booty
in tow. Armed citizens are standing up for their rights to life,
liberty and the pursuit of happiness by brandishing a gun in their
own defense or the defense of those around them. Why is it that
the media does not cover these stories with the same zeal that they
cover the stories of criminals succeeding in their efforts to harm
the public? For the purpose of ratings, sensationalism has lead
to the policy: if it bleeds, it leads. Ultimately, the mainstream
media are hypocritical because they never air the stories that compete
with their views of gun control. They fear that if the public knew
the truth about guns, there view of gun control would be perceived
as erroneous. So how do we get to the truth? The answer is all around
us; all we have to do is look closely at scientifically established
statistics and not those perpetuated by the anti-gun crowd, since
the anti-gun crowd deceptively misuses the available data by using
only a subset of available data thereby supporting their views.
- According to the National Crime Victimization Survey (NCVS)
in 2000, victimizations involving a firearm represented 8% of
the 6.3 million violent crimes of rape and sexual assault, robbery,
and aggravated and simple assault.
- The FBI's Crime in the United States estimated that 66% of the
15,517 murders in 2000 were committed with firearms.
- Less than 1% of serious nonfatal violent victimizations resulted
from gunshot wounds.
- According to the 1997 Survey of State Prison Inmates, among
those possessing a gun, the source of the gun was from -
- a flea market or gun show for fewer than 2%
- a retail store or pawnshop for about 12%
- family, friends, a street buy, or an illegal source for
80%
- During the offense that brought them to prison, 15% of State
inmates and 13% of Federal inmates carried a handgun, and about
2%, a military-style semiautomatic gun.
- On average, State inmates possessing a firearm received sentences
of 18 years, while those without a weapon had an average sentence
of 12 years.
- Among prisoners carrying a firearm during their crime, 40% of
State inmates and 56% of Federal inmates received a sentence enhancement
because of the firearm.
- A recent Justice Department study shows Americans own over 65
million Americans own roughly 225 million firearms.
- As of 1995 there were over 240,000 machine guns registered with
the BATF. About half are owned by civilians and half by police
departments and other governmental agencies.
- Since 1934, only one legally owned machine gun has ever been
used in crime, and that was a murder committed by a law enforcement
officer in 1988. [source: Department of Justice, Bureau of Justice
Statistics, Guns Used in Crime and Targeting Guns: Firearms and
Their Control, by Prof. Gary Kleck, 1997)
As you can see these statistics do not support the claims of the
anti-gun groups. A few years ago people became very concerned about
what the media was claiming was an epidemic of military style guns
being used by criminals. According to the media it was at epidemic
proportions, not the 2% supported by the facts.
U.S. Murder Rate Since 1900
(Rate shown is per 100,000 population)
1900 1.2
1901 1.2
1902 1.2
1903 1.1
1904 1.3
1905 2.1
1906 3.9
1907 4.9
1908 4.8
1909 4.2
1910 4.6
1911 5.5
1912 5.4
1913 6.1
1914 6.2
1915 5.9
1916 6.3
1917 6.9
1918 6.5
1919 7.2
1920 6.8
1921 8.1
1922 8.0
1923 7.8
1924 8.1 |
1925 8.3
1926 8.4
1927 8.4
1928 8.6
1929 8.4
1930 8.8
1931 9.2
1932 9.0
1933 9.7
1934 9.5
1935 8.3
1936 8.0
1937 7.6
1938 6.8
1939 6.4
1940 6.3
1941 6.0
1942 5.9
1943 5.1
1944 5.0
1945 5.7
1946 6.4
1947 6.1
1948 5.9
1949 5.4 |
1950 5.3
1951 4.9
1952 5.2
1953 4.8
1954 4.8
1955 4.5
1956 4.6
1957 4.5
1958 4.5
1959 4.6
1960 4.7
1961 4.7
1962 4.8
1963 4.9
1964 5.1
1965 5.5
1966 5.9
1967 6.8
1968 7.3
1969 7.7
1970 8.3
1971 9.1
1972 9.4
1973 9.7
1974 10.1 |
1975 9.9
1976 9.0
1977 9.1
1978 9.2
1979 10.0
1980 10.7
1981 10.3
1982 9.6
1983 8.6
1984 8.4
1985 8.4
1986 9.0
1987 8.7
1988 9.0
1989 9.3
1990 10.0
1991 10.5
1992 10.0
1993 10.1
1994 9.6
1995 8.7
1996 7.9
1997 7.4
1998 6.3
1999 5.8 |
Interesting to note that from 1919 to 1937 murder was at levels
that were similar to those from 1968 through 1997 in that these
periods had murder rates exceeding 7%. It is also interesting that
these periods coincide with the prohibition of alcohol (national
prohibition of alcohol 1920-33) and drugs (drug popularity in the
United States rising to current epidemic proportions beginning around
1965 with its apex around 1990). The public desire for an illegal
substance appears to promote the existence of a gangster element
supported by the lusts of the public. With the end of alcohol prohibition
in 1933, it only took a few short years (33-37) for the murder rate
to drop significantly. More recently, we have seen a drop in the
murder rate however; this seems more attributable to rise of the
economy rather than anything else.
The preceding statistics do not support the claims of the anti-gun
crowd, but instead show that the problem of illegal gun use is not
as bad as the anti-gunners would have you think.
So, what about their claim that guns are 43 times (or 43 accidental
deaths to 1 criminal being killed) more likely to injure a family
member than to stay off a criminal? Well, truth of this matter is
that the numbers are completely skewed; firstly, their figures come
from criminals that were killed by an armed citizen defending him/herself
and family versus deaths sustained within a family resulting from
gun misuse. Using only these numbers they draw the conclusion that
guns are more dangerous to the owner than to the criminal.
They do not take into account the number of crimes that were averted
by the known presence of a firearm, nor by an armed citizen scaring
a criminal in the act of committing a crime by brandishing a firearm,
or even the number of criminals that are injured each year when
shot in the commission of a crime. According to FBI crime statistics,
armed citizens prevent over 78,000 crimes each year. This number
only accounts for those incidents that were reported to law enforcement.
I know of myself, when an intruder came through a window in an adjacent
bedroom and was subsequently chased off at gunpoint, my police report
left out the part about having a gun involved. Since there were
no shots fired, I felt the information would put me at risk of police
scrutiny, and while I had nothing to hide, I lived in a state with
restrictive gun laws and felt it better to keep a low profile for
that reason. Most people possessing common sense would behave likewise.
The NRA estimates the number of crimes averted is closer to 2.1
million per year. Needless to say, most attempted crimes go either
unreported, or in this case under reported.
This coupled with the fact that of the 43 family related deaths,
22 were suicides. (It is interesting to note that the number of
suicides is not affected by having a gun in the house; in fact,
statistics show that there are slightly fewer suicides in households
where guns are legally owned versus those where no gun is owned).
The annual number of owner related injuries and deaths used in the
study to support the 43 times numbers is 389 home related deaths
to 9 justifiable homicides giving us a ratio of 43 to 1. Using these
same numbers combined with our updated information, the statistics
turn completely around with the family gun being 200 times more
likely to protect its owner and family than to harm them or a ratio
of 200 to 1. The 200 number uses only the reported number of 78,000,
not the estimated 2.1 million number.
Accidental Deaths in the U.S. for 1998
- 41,200 deaths related to motor vehicle accidents,
- 16,600 in falls at home and on the job,
- 9,400 from poisoning, in the same year,
- 4,100 from water in drowning,
- 3,700 due to fire or burns,
- 3,200 due to choking, and
- 900 from guns
Reflecting on these numbers, perhaps we should outlaw cars and
ladders. Or, perhaps we should arrest people for almost drowning
or choking.
| Right to carry laws reduce crime.
In their landmark study, Prof. John R. Lott, Jr., and David
B. Mustard, of the University of Chicago, found that "allowing
citizens to carry concealed weapons deters violent crimes
and it appears to produce no increase in accidental deaths.
If those states which did not have Right To Carry concealed
gun provisions had adopted them in 1992, approximately 1,570
murders; 4,177 rapes; and over 60,000 aggravated assaults
would have been avoided yearly.... The estimated annual gain
from allowing concealed handguns is at least $6.214 billion....When
state concealed handgun laws went into effect in a county,
murders fell by 8.5 percent, and rapes and aggravated assaults
fell by 5 and 7 percent."3 ("Crime, Deterrence,
and Right To Carry Concealed Handguns," 1996. See also
Lott, More Guns, Less Crime, Univ. of Chicago Press, 1998.)
Right To Carry states have lower violent crime
rates. On average, they have 26% less total violent
crime, 20% less homicide, 2% less rape, 39% less robbery,
and 22% less aggravated assault, compared to the rest of
the U.S. Eight of the 10 states with the lowest violent
crime rates are Right To Carry states. (Data: FBI)
Restrictive carry laws have never reduced crime.
Of the five major U.S. cities with the highest homicide
rates, two (Detroit and Baltimore) severely restrict carrying;
two (D.C. and Chicago) have banned handguns.
|
Excerpt taken from http://www.iapdatacom.net/members/jimrs/gun
statistics.htm
There are those that would have you believe that by eliminating
all guns from our citizens that crime would cease. That somehow
magically all the criminals would loose there weapons and our streets
would be safe again, how naive can you be. Do they really expect
criminals to turn in their illegal weapons?
What these people fail to acknowledge is that crime has been around
since Adam bit the forbidden fruit. The first murder was committed
with a branch when Cain brutally bludgeoned Able to death and then
hid his body so as not to be detected. Ever since then, man has
been committing crimes with whatever weapon he can fashion using
any available materials conceivable. Expecting our criminals to
give up their weapons simply because a new law is passed is absurd.
"Expecting a carjacker or rapist or drug pusher to care
that his possession or use of a gun is unlawful is like expecting
a terrorist to care that his car bomb is taking up two parking
spaces." -Joseph T. Chew, "Usenet posting in talk.politics.guns"
If laws are passed, at the expense of the
nations personal security, it will be very easy for criminals
to openly assault every citizen, in their homes or in public,
without worry of reprisals. Our law enforcement officers are
already overworked to the point that lesser crimes go completely
ignored in urban municipalities. Even in San Jose California
voted safest large city in the U.S., crimes go uninvestigated
due to labor shortages; this will only get worse as budget
shortfalls around the Nation force all Government agencies
to reduce spending. When criminals do not fear the local citizens
rising up against them, there is nothing to stop these criminals
from entering any home and having their way with the occupants
and their belongings.
What then is the common-sense approach to gun control?
Simply this: extend punishment for misuse of guns during
a crime. Second time offenders of gun related crimes should
never get out of prison. For law-abiding citizens, there
should be no restrictions on ownership of any gun made.
If the United States Government has access to a weapon,
then United States citizens should also have access to the
same weapons. This was the intent of the Second Amendment,
to give the citizens the ability to remove by force if necessary
any tyrannical government. Does this mean that the average
citizen should have access to nuclear weapons? Well…personally
I think that no Government should have access to these weapons
including the United States…however, since we do,
lets see what we can’t do about keeping them all under
lock and key so that they will never be used, and God help
us if they are, for the devastation that they will bring
could end civilization as we know it.
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