Second Amendment - Topic 2

 

 2nd Amendment, Federal or State - Topic 2

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 post April 11, 2021 I listed what I saw as areas of discussion and controversy regarding the Second Amendment to the U.S. Constitution. Topic 2 is today's subject, the nature and purpose of the arms themselves.

In dictionaries I consulted arms and weapons reference each other. They appear to be synonyms. Both can include objects or devices used to fight, harm, overpower or even kill another being or living thing. In that sense even other species possess weapons. Weapons evolved over time from natural sticks and stones to those shaped or rendered to be more effective. We have all heard of arrows, knives, slingshots, spears, swords, lances, clubs, and even other tools like axes and pitchforks being used in both defensive and offensive manners. Humans alone have continually perfected our weapons and the means to mass-produce them. We are discussing human weapons today.

During the times of the second amendment common weapons were single shot flintlocks, muskets and cannons. In battle there were also swords, knives, and spears. Nobody could have possibly anticipated modern weaponry including tanks, machine guns, automatic pistols and assault weapons capable of tearing a body to pieces in mere seconds.

In any calm rational setting, it seems to most outside America and many inside, that these kinds of weapons were never intended for personal protection of family and property. For purposes of international war and defending ones country - with arms and militias, the opposite is true.

Many argue that the second amendment does not list arms that you can't possess or things you can not do with them - therefore anything goes. I do not subscribe to this. It is not stated that five year old kids can't bear arms and shoot their friends but similar things have happened. Also not prohibited is the ownership of an intercontinental ballistic missile with a nuclear warhead parked in your drive - ditto for an F18 or other fighter jet.

I am being pedantic because the authors of the 2nd Amendment assumed a certain degree of common sense on the part of governments and citizens. To many of us that appears to have been a false assumption. If anything in the previous paragraph seems to be "obvious", then where do you draw the line between what the authors intended and what not?

In the American system of government the courts are the final decision makers but on major issues associated with this topic they have opted out.

One tactic which I suggest is to approach the USE of arms covered by the amendment. As stated above this is also not defined so no rights would be infringed upon. Some laws address this such as robbing a bank using a weapon especially when people are injured or killed. Surely this can be expanded for other personal use of firearms. Associated with this would be prohibiting criminals who have been found guilty of previous crimes using weapons and those with known mental disabilities (to be defined). Would the authors of the amendment have objected?

How can anyone say it is OK for someone who knocks on a door for directions or who enters a house by mistake to be shot dead? In some states all the owner has to do is say they felt threatened or that they felt that their space was invaded. I don't have the answer but many people are elected and paid big bucks to come up with such answers or compromises. There is one of the biggest problems. Gun owners don't want to compromise.

Once again this will be discussed further in my final post on the Second Amendment. Please feel free to leave comments.

#thebrewsterblock