The Right to keep an bear arms (own firearms) is one of the ten basic rights spelled out in the Bill of Rights which was incorporated into the US Constitution. That right (like the other nine) is an Individual right - that is not a "right" of the state or federal government. The Second Amendment to the Constitution states clearly that this right "shall not be infringed".
The Second Amendment was not conceived for duck hunting or recreational reasons. It was considered to be a necessary right to assure safety and freedom. The American "army" was made up of the civilian population, and the key to an effective militia was individual marksmanship.
Calls to ban various types of firearms have always been countered by the very fact that such a ban or restriction is an infringement on the Second Amendment right to Keep and Bear Arms. Many gun control laws have been struck down later because at their core, they were unconstitutional. Any local, state, or federal law has to be in accord with the US Constitution.
That said, there are laws and restrictions already on the books which regulate or limit firearm ownership. NONE of those laws have ever kept firearms or associated items (such as silencers, magazines, etc.) out of the hands of criminals. The basic idea that someone who is bent on committing armed robbery, or shooting someone is going to be deterred in any way by a gun law is absurd.
Mental illness is by far a more serious and constant factor in the mass killings and civil violence than firearms. It should be noted that there are already many, many restrictions and laws on the books which deny firearm ownership to convicted felons and to mentally ill persons. The problem is that while a criminal conviction is in the public record and would appear in a police background check, the mental illness condition usually does not - unless the person has been legally judged in criminal court as incompetent and/or sentenced to be institutionalized. And even then, the HIPPA laws prohibit medical information from being disseminated, so they would not appear in a firearms background check.
There are many persons whom I have known and whom I would consider unsafe or dangerous with a firearm. However, it is not for me or other individuals or groups of individuals to say who should be denied their constitutional rights. Certainly not based on the actions of criminally deranged and homicidal persons.
Banning all guns or even certain types (however determined) will not change the increasing instances of criminal or homicidal behavior. It would be about the same thing as banning automobiles because some drivers are idiots and don't know how to drive safely. The problem is not the firearm or the automobile, but rather the individual person handling them.
The rise in mass shootings is a very real social problem. But what are the real reasons behind it, and what can be done to prevent or lessen it?
- Mental illness is one major factor which plays a part in almost every (if not all) such shootings. Addressing it as a contributing condition in any criminal court cases might flag violent persons who apply for handgun ownership. State mental health institutions should be built and funded to help deal with this increasing problem. There should be laws and procedures in place which would allow persons suffering from mental illness to be referred and treated short of a court ordered institutionalization, but which might allow them to appear in handgun background checks.
- Violent criminals need to be taken off the streets without bail and when sentenced to incarceration, kept in prison (or a mental institution) without early parole. This addresses the violence problem at its core. If they are a known threat to society, get them out of it.
- A pervading sense of "anything goes" and lawlessness. Such violent events like the city riots, statue destruction, rampant looting and burning of businesses, violence against selected persons all goes into this problem - especially when it is publicly encouraged by legislators. Those same legislators who in turn blame "guns" as the problem have no credibility.
- The "open borders" of the country need to be closed and persons entering the country need to be properly screened. Human traffic and drug smugglers at the borders are all armed and none of them are concerned with American gun laws. It is, in fact, an armed incursion by a foreign force which should be dealt with as such.
- Drugs (especially Fentanyl) are a huge problem which must be addressed. How many mass shootings were done by persons under the influence of drugs or alcohol has never been made known, but it is very likely a contributing factor. Mass shootings and other violence aside, more Americans have died in the past year alone of Fentanyl poisoning than all shooting deaths in the past ten or twenty years combined. This should be a huge wake up call for action.
- Violent video games are another element which have contributed to some of the mass shootings. Why has no one suggested banning or restricting them? Certainly other concerned persons have pointed this out, but there is no large scale movement to restrict them like there is to ban or restrict gun ownership.
apnews.com
www.cbsnews.com
www.gunviolencearchive.org
pubmed.ncbi.nlm.nih.gov
