Gun control.
This is an issue I have been wanting to cover for a while. It has a lot of personal meaning to me.
Even if you do not live in the U.S., I’m fairly certain you’re aware of the gun control debate that is raging in the country right now. I want to cover this, so that you can understand a little better what exactly is going on and go into why it is such a huge issue.
Let me begin by stating my bias on this issue: I do not like guns. I think gun control is a necessity — if done properly, of course.
I do not like guns for a lot of reasons. First and foremost, someone very close to me, my closest friend in the world, took her life with a gun nearly three and a half years ago. Studies have shown that suicides are more likely to occur if there is a firearm in the home. (While someone might argue that’s correlation, not causation, I will point out that such studies show that suicides, with a gun in the home, are more likely going to be carried through using that gun.) On top of that, I became aware of the impact of the danger guns pose as a young girl. When I was in the third grade, a girl at my school was accidentally shot and killed by her older sister while they were playing alone at home. Second, guns are used to harm and kill. They are long range weapons. Once you pull the trigger, you have no control over where the bullet goes. (Yes, I know, there’s a thing called aiming. There’s also a thing called ricochet. And bad aim. And an attitude of “I don’t care who I hurt” and even “I want to kill everyone”.) Third, in the wrong hands, it ruins lives. Guns are easily passed from person to person—as many weapons are—but they are easily mastered, even by children. Ever heard of child soldiers? In many conflicts, children are forced into war, inducted violently into one side or another (many wars have more than two parties involved)—and given guns and cutting weapons like knives and machetes to continue the process. (That’s a topic for another post.)
Despite my biases, I won’t advocate trying to take away people’s right to own a gun. Several reasons: 1) It’s in the U.S. Constitution for a reason, though I feel the NRA and their ilk’s absolutist interpretation is extremely outdated. 2) Not everyone who has a gun is violent with it. Some use them for sport or hunting or even just decoration. This is okay with me. 3) Guns can be used to protect. However, this issue is a little more murky, which we’ll discuss later. 4) Guns are weapons, just like knives, swords, and bows and arrows. I myself own several swords (2 katanas, 2 tai chi swords, a wakazashi, a wooden sword, and a bamboo bokken), a bo staff, and a pair of sai. I use them for practice as a long-time martial artist. I wouldn’t want someone taking those from me.
Now having put that out there, let’s look at the gun control debate and what is happening now.
The Great Gun Debate: The American Version
What triggered this whole thing?
In order to understand the U.S. version of the debate, you need to know about its origin relative to the U.S. We need to dig a little bit into U.S. history to see this properly.
Before the American Revolution, during the colonial period in the 16th through 18th centuries, guns were an absolute necessity for anyone and everyone who settled here. They were the main instrument for protecting oneself and one’s family. They were also necessary for hunting. Settlement involved venturing into territory with unknown dangers—hostile Native Americans (in my opinion, they were rightfully hostile, as people took over their land with no thought of how it affected them, the original inhabitants), wild animals, outlaws, thieves, bandits.
On the eve of the Revolution, guns took on a greater political importance. They were the main weapon of choice for the revolutionaries/rebels defending against the oppression of the British monarchy. American lore relating to the Revolution frequently refers to “the shot heard ’round the world”, a phrase taken from Ralph Waldo Emerson’s 1837 poem “Concord Hymn” about the Battle of Concord, the first battle of the American Revolution. At the time, towns in the North American British Colonies had their own militias made up of armed “minutemen” who lived in the locality; there was no true centralized military made of Americans until the organization of the Revolution.
In 1789, six years after winning the Revolutionary War and two years after the writing of the U.S. Constitution, the Bill of Rights was drafted. The Bill of Rights consists of the first ten amendments to the U.S. Constitution. It states mainly what the federal government may not do in governing the people as a way to protect various rights: freedom of speech and religion, the right to fair and speedy trial, and—relevant to our discussion—the right to bear arms.
The Second Amendment states:
“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.”
For those of you whose first language isn’t English, this is slightly archaic and very formal language, so let me simplify it: “A well regulated Militia [a small, non-central army with a set of rules to govern them], being necessary to the security of a free State [militias are needed to protect the country], the right of the people to keep and bear Arms [the people of the U.S. have a right to own guns], shall not be infringed [the right cannot be taken away by the government]”. In one sentence: “Militias are necessary to keep our country safe, so the government cannot take away the people’s right to own and possess guns.”
The problem is that times have changed. Since the Second Amendment was written, the country has evolved and altered socially, economically, geographically, in infrastructure, and technologically. There is a large, centralized military for national security (“the security of a free State”); for this reason, militias have essentially disappeared.
Constitutions are documents that are supposed to be somewhat vague so that they can be flexibly interpreted and applied over time, but even the Founding Fathers could not foresee some of the changes that have occurred. They predicted and warned against many of them—these predictions can mostly be found in a series of essays called The Federalist Papers. (A warning to my readers who are not native English speakers: If your English is not advanced, The Federalist Papers will be very difficult to read. The language is formal 18th century American English, which is not the same as 21st century English—some of the use of punctuation and capitalization is different. Even many native speakers have a hard time understanding them. There are also a lot of them, so it would take a long time to read. On the other hand, if you like a challenge, by all means try! They are fascinating documents.)
I bring up the issue of interpretation because this is the crux of the issue. There are many Americans who interpret the Second Amendment very literally word for word and believe it should be carried out as it is written (a style of interpretation called “absolutist”). Others are much more loose with interpretation, which means that they take into account the ambiguity of the words. I tend to follow this second method of interpreting, because law is supposed to have some vagueness in order to account for changes over time. The Founding Fathers were aware of this.
To summarize, many Americans feel that gun control is a way to take away their Second Amendment right to bear arms, while others believe that it is mandated by the Second Amendment to have gun control.
Against gun control
Those against gun control most often use the absolutist interpretation of the Second Amendment to defend their position. Due to this, they believe that any restrictions regarding gun ownership is unconstitutional, ranging from the type of gun (i.e. assault rifles should not be regulated) to the size of the magazine (the number of bullets the gun can hold) to the size of the bullets used. The National Rifle Association (NRA), before the 2012 presidential election, released this fact sheet about on Obama’s gun policies. If you read carefully, the general focus is on protecting the Second Amendment.
They assert that guns are effective in protecting oneself and others: “The only way to stop a bad guy with a gun is a good guy with a gun.” This point has some validity. Generally, trying to use diplomacy to talk down an armed person hellbent on violence for some motive or another is difficult, often impossible. It doesn’t imply that the good guy has to kill the bad guy, per se, simply incapacitate.
Another frequent argument of the gun control opposition is that “Guns don’t kill people, people kill people”. Why regulate something inanimate?
Some experts argue that by creating restrictions, it opens the way to a black market, the same way that making abortions and drugs illegal just drive people to take extreme measures to get them, making them all the more dangerous. On top of that, criminals don’t follow the law—that’s what makes them criminals.
For gun control
I have already explained my biases, which should give you some idea of why I am for gun control. But I want to go into a bit more depth. Even if I can’t persuade those who are against it, I hope they can at least understand why I take this position. My reasons aren’t uncommon.
I absolutely think that gun control is necessary due to the nature of guns. Gun control is NOT the same as taking away guns from the general populace. Guns are weapons, but they are not like other weapons. Take a look at how they developed. As I pointed out before, they are long range and often easily concealed. And I do not think that assault rifles are necessary for anyone to own. Their sole purpose is to kill. They are not used for sport and, frankly, they are rather impractical for protecting your family at home. And how many times have you heard about someone robbing a bank with a sword or taser? There’s a good chance you haven’t. Most of all, many of our gun laws are outdated. The Second Amendment of the U.S. Constitution, if interpreted in an absolutist fashion, renders it into an outdated mandate, as I pointed out earlier. This commercial illustrates that point nicely.
I find that many Americans only pay attention to one part of the Second Amendment, the second half: “…the right of the people to keep and bear Arms, shall not be infringed.” This is somewhat understandable, seeing as militias aren’t exactly around anymore. But this is where I have yet another problem with absolutist interpreters of the Second Amendment: I find it hypocritical to ignore the first half. If you claim to interpret literally or even based on what the Founding Fathers had intended in writing it, then you will agree that there should still be militias and that it should be WELL REGULATED, meaning that there are RULES and RESTRICTIONS governing the ownership and possession of guns.
It’s in the Constitution, isn’t it?
(Of course, I will grant that it is possible to be interpret the Second Amendment loosely by ignoring the first half and attaching all meaning to the second half. But most of those against gun control don’t see themselves as interpreting loosely. They see themselves interpreting it absolutely and literally.)
And I recently overheard someone make a good point: No one complains about regulating driving and driver’s licenses—this is something regulated by government. What makes guns so different?
Let me go back to the NRA fact sheet that I provided a link to earlier in this discussion. There are a ton of flaws and biases in it. (It is not unusual for the NRA to spread misinformation.) For example, look at the claim that Obama would use the UN’s arms treaty (which was passed on April 2nd of this year by the UN General Assembly) to circumvent the Second Amendment. This is not true, nor could it ever be true, for two reasons: 1) This is only for ILLEGAL arms trade and 2) this is not, I repeat, NOT how international law works. International law does not work the same way as federal or state law. In a (very simplified) nutshell, when a state agrees to abide by an international treaty, it is up to the state to internalize the mandate of that treaty by creating its own laws based on the treaty’s terms and/or mechanisms for enforcement. Even if a state signs on to a treaty, the legislative body of that state may choose not to ratify it (look at what happened to the Treaty of Versailles after World War I—the U.S. signed on to it, but Congress failed to ratify it, which nullified U.S. participation). Or the legislative body might even ratify it but do nothing legislatively to put it into action. In the case of the arms treaty, the UN has not put in provision for an enforcement agency. So there is essentially no real oversight to see if participating states are in compliance and no external incentive for states to comply. Period.
As for the claim that there would be an arms registry in which all gun owners would have to register their guns, that is also not true. The background check amendment, for example, EXPLICITLY prohibits the establishment of a gun registry. But that’s not enacted yet, thanks to the threat of a Senate filibuster.
There is evidence that in a country such as ours, gun control can be extremely effective. The Daily Show with Jon Stewart, on the episode that aired April 25th (3 days ago), had a fantastic clip on Australian gun control laws and what the U.S. could learn from it, highlighting the historical and current similarities of the two countries. Australia implemented strict gun control in 1996. There hasn’t been a single gun massacre since. An editorial written for USA Today by an Australian columnist gives a good personal viewpoint on the subject, also linking to an opposing viewpoint that argues the gun violence rate was on the decline anyway.
I recognize that there is no way to keep guns out of the hands of criminals completely, but to prevent at least some of them from attaining and possessing them is far better than nothing. Who knows how many lives that could save?
What’s happening now?
In light of the various incidents of gun violence, the issue of gun control has been brought into the national limelight. To name a few examples:
—U.S. Congresswoman Gabrielle Giffords, an Arizona Democrat, was shot in the head by a man who was attempting to assassinate her, wounding 13 and killing 6 others, in January 2011. She survived, but has since retired from Congress. She even wrote a letter for the New York Times (April 18th, 2013) in the wake of the failed vote in the Senate.
—Aurora, Colorado: In July 2012, a masked gunman, James Holmes, shot nearly 70 people in a movie theater, killing 12.
—Sanford, Florida: In February 2012, Trayvon Martin, a 17-year-old African American, walked out of a convenience store and was shot and killed by George Zimmerman. Zimmerman claimed self-defense under Florida’s “stand your ground” law, which effectively allows you to shoot someone if you feel you are in imminent danger. By all evidence, Martin was holding a bag of Skittles and a soft drink and posed no threat to Zimmerman.
—Newtown, Connecticut: In December 2012, 20-year-old Adam Lanza shot and killed 26 students and staff at Sandy Hook Elementary School before killing himself.
This is only a small sample of gun violence that has occurred in recent years: school shootings, public massacres, suicides, homicides. The level of gun violence has not escaped the notice of lawmakers.
A poll shown that 90% of Americans support expanded background checks. Despite this, the threat of a filibuster by Republicans in the U.S. Senate last week prevented a vote on an amendment for a gun control bill that would expand background checks. The bill was introduced by Senator Manchin (a Democrat from West Virginia) and Senator Toomey (a Republican from Pennsylvania)—it was a bipartisan bill (rare in Congress these days). Senator Manchin, on his website, encourages all Americans interested in this issue to read the bill.
Why, then, if 90% of Americans support expanded background checks, did the filibuster succeed? For each amendment related to the gun control bill, including the background check expansion amendment (there were eight others along with it that also fell short), 60 votes were required to pass it. Before voting on a bill, the Senate must agree on how many votes will be necessary to pass the bill. 60 votes is a high threshold—it is a tall order, especially in a Congress that is heavily divided along party lines. A good explanation for this can be found here.
If 60 votes had been reached, a filibuster would have ensued. The voting numbers in favor for each amendment hovered close to 60 but never reached it—the background check amendment failed with 54 in favor, 46 against. (Senate Democratic Leader Harry Reid voted against it, despite the fact that he supports it, but that was solely a strategic move—it will allow him to bring up the amendment again.) There are now louder calls for filibuster reform in the Senate.
The NRA and others involved in lobbying for guns and against gun control have a lot of money, which has been used to influence members of Congress. As Gabby Giffords pointed out in her New York Times article, many of the Senators fear the NRA and gun lobby and gave in to cowardice. (This did not sit well with many right-wingers, who don’t give a damn that she has been personally affected by gun violence.)
It is amazing that a minority—let’s face it, the gun lobby IS a minority—should have so much power.
Where does that leave the rest of us?
I feel for Senator Reid, who was faced with a difficult decision in bringing up these votes to the floor. He had to choose between asking for a threshold of 60 votes for each amendment, which is difficult to reach at best, or 51 votes (simple majority) and risk making it easy for pro-gun amendments to the gun control bill. In this political landscape, this is essentially a no-win situation.
The fight for reasonable gun control is not over yet. I don’t think it will happen until a new generation of Congressional members comes into office.
We’ve got a long way to go.
(Author’s aside: On a semi-relevant note, you should read this article listing the reasons why last week was a horrible week. Warning: Foul language afoot. But it’s more than justified.)