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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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