By BRENDAN HALL
In the midst of the crossfire about whether citizens have the right to bear arms or not, it is essential that one thing be established; the constitutional interpretation that the Second Amendment allows people to carry and bear arms is completely false.
The exact statement in the Constitution is: “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.”
It specifically stated that the government cannot interfere with the people’s rights to own a gun if it is in order to secure a regulated militia. In 1777, the year the Constitution was written, there was no nationally organized army; the military was strictly voluntary and consisted heavily of common citizens. Nowadays, there is no need for state militias because the United States has a national army. Therefore, because citizens do not own guns for the purpose of establishing a militia or protecting the public, they do not have the right to own guns.
The Supreme Court even upheld this interpretation in the 1939 case of United States v. Miller. In the case, Miller argued that he was guaranteed the right by the Second Amendment to own a sawed-off shotgun without registering it, even though the law stated it had to be registered. The Supreme Court ruled against him, stating the Second Amendment was to encourage state militias due to a lack of
professional army, and since that was not Miller’s objective, he was denied the right to own a shotgun, especially without registering it.
Along with legal support, there are also rational arguments which support gun control in the United States. Gun supporters proclaim that in the same sense the First Amendment guarantees the rights to freedom of speech and the press, so also does the Second Amendment guarantee the right to bear arms. Although the Constitution does grant rights to freedom of the speech and press, there are limitations. Written or spoken defamation of character, or libel, can result in a lawsuit and is grounds for suing a person. Also, it is illegal to scream “Fire!” in a crowded theater. When these freedoms interfere with the safety of others or are a threat to national security, they are prohibited. In the same sense, because the right to own a gun interferes with the safety of the public, it should be prohibited.
Possession of firearms poses a major threat to the owner and people around him or her. Having a gun in the home dramatically increases the risk of having a death by suicide. Although guns are only used in 5 percent of suicides, 90 percent of the attempts are fatal. In contrast, drug overdoses account for 75 percent of suicide attempts, but only three are fatal. Japan’s firearm laws, which are the most stringent in the world, they state that under no circumstances is anyone allowed to have a gun. The result in the fewest deaths by gun. Where the U.S. had 40 deaths per every 1 million people in 2001, Japan had two per million. The truth is obvious; if a gun is easily accessible to a person, especially at home, then the person, if driven over the edge by depression, drugs, alcohol, or anger, is then more capable of killing or injuring someone with a gun.
The United States loose gun laws put citizens at risk, as the United States has the highest firearm death rate per 100,000 and the U.S. national average was 10.3 deaths per 100,000. There is a positive correlation between homicide rates and availability of guns in developed nations. It is simple; to combat higher homicide rates, restrict the public’s access to guns.
There are situations though that warrants the use of guns in an organized setting. Hunting is an extremely popular sport in America, but just because a person hunts doesn’t mean he should have a gun at home. There should be organized facilities in which rifles are kept for hunting; the rifles may be rented for the day, and if the person fails to return the rifle, he will be found and fined for endangering public safety by carrying a firearm.
Other than that, weapons should be banned. The risks that come with owning a gun, along with the direct correlation to homicide rates, dictate that guns do more harm than good. Thus, it should be illegal for any citizen to own, let alone carry a weapon unless he is a police officer or soldier focused on protecting the public.