Second Amendment - Final Post (for now!)

 

2nd Amendment - Some Food for Thought

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.

In my last post I created the statement below which I will fictitiously call the Brewster Amendment. Its structure is also primarily innuendo just like The Second. Imagine it was authored during the industrial revolution:

Mechanized transportation, being necessary to the maximization of a productive economy, the right of the people to operate motorized vehicles shall not be infringed.

It very closely parallels The Second and it might be helpful to develop suggestions and enhancements using a driving analogy without the gun emotion attached to The Second. I hope we can agree on the following regarding the Brewster Amendment:

1. That mechanized transportation can include things like cars, trucks, busses / trolleys, ATVs, motorcycles, skateboards, as well as tanks, armoured humvees, and ICBM carriers.

If common sense says to eliminate the last 3 because they have nothing to do with commerce, why include AK-47s, Uzis, and machine guns as "arms" in interpreting the 2nd? They are not for personal protection anymore than tanks are for grocery shopping.

2. That when they mentioned "Mechanized Transportation" the author of the Brewster Amendment had no way to anticipate vehicles with 600 horsepower accelerating to 100 mph in mere moments which are available today .

Common sense says that these road monsters are not part of moving goods to market, people to work, or kids to school. So limits on horsepower, speed, and emissions on some forms of Mechanized Transportation are reasonable. Why not the same for types or "arms" in the 2nd? Today's super cars are like today's super weapons. If the government can make car makers accountable, so should it the gun makers.

3. That mass transit, trains, and trucks require large amounts of energy but are still better than individual monster cars to move people to work and goods and services to markets

Again if this is reasonable then surely a national military is a better way to fight off a foreign aggressor than 50 independent militias. United we stand, divided we fall. The British are not coming. State militias to repel a foreign aggressor make no sense. Should there be 50 air forces as well as 50 militias?

4. That countries which are regarded by the world as the most technologically advanced are usually those which have already created national mass transit strategies and systems for people, like mini and electric cars, bullet trains and convenient trolleys and busses throughout their cities.

In a similar manner, America's greatness as seen by other nations is historically in the country as a whole, not her 50 states. It was the American Nation that others feared, not her State Militias. Foreign adversaries would LOVE the Union to break apart over guns or any other issue and this should be avoided at all costs.

5. That The Authors of the Brewster Amendment were not envisaging one or more states developing their own fragmented transportation laws just to spite the Feds. Imagine for example some states driving on the left and some on the right or each with their own gauge of train tracks. This would shatter any hopes of a robust national economy. So states did not indulge in such petty rebellions because it was not in their best interests overall.

Likewise The Authors of The Second did not intend any group in one party to storm The Capital or to hang prominent members of the opposition just because they were not happy or they liked their own policies better. Elections serve that purpose.

6. All vehicles operating on public roadways are licensed - that is to say - registered. This has seldom been questioned.

All guns ownership should be registered as well. Guns are designed to kill - cars are not. Neither the Brewster Amendment nor The Second forbid registration.

Enough philosophy and academia. Time to throw some meat into the cage. On the surface non of these violate the language of The Second Amendment:

1. The sale and distribution of arms. Some regulations exist regarding sales and those selling. Apply these regulations across all states using one set of laws. This will require a lot of diplomacy and negotiation. Casual sales by individual citizens at gun shows or to friends, relatives, and strangers must be included as well as restrictions on sales to the mentally disturbed and existing gun felons.

2. Regulate the USES of any arms held by citizens, anywhere. Obviously crimes like bank robbery are already covered. Murder in the name of self-protection is not. Work towards all states following the same laws and eliminate nebulous concepts like "invaded my space" and "felt threatened". Nobody knocking on a door to ask directions or ask for assistance should be legally shot by the homeowner.

3. Agree on a list of those weapons one is allowed to bear. This again is a state problem - a big one - which should be consolidated. Assault weapons should not be on it.

4. The sentences for those guilty of crimes committed using a gun, should be greatly increased if the gun is a banned weapon.

5. Regulate the ammunition of banned weapons including its manufacture, distribution, and sale. Only the military and groups authorized to use such weapons should be able to buy its ammunition.

6. Tax the hell out of gun ownership. This does not violate The Second unless you view it as "Infringement". That would mean that ANY form of taxation is an infringement (some already believe this). If all taxation ceased then governments and their services including infrastructure and policing would cease to exist. Perhaps the revenue could go towards settlements for the victims of current gun laws.

7. All states should have the same minimum age for gun ownership which should coincide with the age to serve in the military.

Remember this: there are multiple inquiries ongoing as I write into police departments and their firearm use, especially in regards to fatal shootings by officers. Most are in agreement that there have to be some new standards about both how police can use firearms and making them accountable. Surely the same applies to private citizens who don't receive any formal training in their use. It would be nuts to charge a cop for a shooting if a citizen can commit the same offence with no repercussions.

That's a start. Fire away.... 

#thebrewsterblock.