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Commentary & Opinion

Gun Rights in America:
Gun Restrictions are ineffective

Commentary by Chris Murray
 

The following is a quote taken from President George Washington’s farewell address speaking to the people regarding the importance and significance  of the Constitution:


Where Do You Stand?

 

“Resist with care the spirit of innovation upon its principles, however specious the pretext. One method of assault may be to effect in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermines what cannot be directly overthrown...." 

For all those that have not yet read Washington’s farewell address it provides a good insight into one of America’s most beloved presidents.  Usually the only time you hear of one of the founding fathers is when the topic of guns and gun control comes up.  This time is no different. 

The next step is to mention our Bill of Rights, which encompasses the first 10 Amendments to our Constitution.  The primary amendment dealing with this right is the 2nd Amendment.  This provision specifically protects the rights of the citizenry to keep a firearm to defend their home, family and country.  With this idea protection comes the ability publicly organize militia as stated in the text. TOP

The second reason for this amendment is to insure the United States stay free.  The first thing a dictator, monarch, invading country or other non-elected leader does upon assuming power is eliminate all threats.  This includes disarming the population.  A disarmed population is ruled by fear and threat.  Its absence of arms is exactly what makes it vulnerable.  Our founding fathers knew the dangers of not having this right and included at the beginning of our Bill of Rights to insure the United States never fell under this type of oppression.

However today it’s the Government that is the protector of the States. This (and other) changes have moved the strength of the US from its people, to its Government. Each time American's give up a portion of our rights we transfer more of our power to the Government.  It was not the intention of the Constitution to help build a empire like nation in which people use political chess to maneuver through level after level of bureaucratic redundancies, simply to indulge the perceived morality of specific special interest groups.  It was the intention of the Constitution to prevent this. TOP

In the US it is a privilege to drive, not a right.  This idea is accepted with the explanation that the US Government was responsible for the building of roads on which we drive. Our highway system was originally built as a defense infrastructure to facilitate the movement of military equipment and missiles. Public roads are for public use. This is why a driver licenses is for operating a motor vehicle on public roads, and not for simply owning a vehicle. 

For many years owning a firearm was considered a right and not a privilege; this was true even before the drafting of the Constitution. It was necessary for hunting and protection in a wild land. For the government to give the people a privilege in any sense it must first have a claim to what it is attempting to allocate. Our Constitution eliminates that claim by never having granted it. TOP

Each  argument has two sides. A good example of the anti-gun lobby is the Children’s Defense Fund, (CDF). By using emotions like fear and guilt in their campaigns they elicit  the appropriate emotional response.  These campaigns need emotion because when society is wrapped up in the emotion, society fails to think or consider what they are losing and why. Society doesn't question until it is too late. Below are some examples from the CDF's 1998 statistics of children and teen deaths:

  1. Are killed by gunfire - “once every two and a half hours; nearly 10 young lives every day”

  2. The amount of suicides using a firearm, ages 0-19 - “more than three every day”

  3. The amount of children and teens killed by gunshot – “more then the total number of solders killed in battle in Vietnam”

What they mean to say;

a.      Total number of “young lives” (no explanation of what constitutes a young life) taken in 1998 by gunfire 3,761 out of the entire population of the U.S. 275,997,290

b.      In 1998 their were 1,241 suicides, ages 0-19

c.      From 1979 to 1998 (19 years) there were 84,000 deaths that’s an average of 4,421 per year in the U.S.

Though no death of a child is every acceptable, compared to the statistics for children killed in car accidents and by drunk drivers, death by gun is much smaller.  The study does not separate those children involved in criminal behavior.  Criminals will always have guns, legal or not.

The reasoning here is take away the guns and the children will stop dying.  Apply this to other areas and see the flaws. Take away the cars and the children will stop dying. TOP

The current solution is gun control.  How well does gun control really work?

In 1988 the death rate was under 4,000 (ages 0-19).  1989 marked the start of a new campaign to restrict firearm sales. That same year the death rate increased to over 4,000 and it has continued to  increase each year despite of  the passing of several new laws limiting the firearms in the US and restricting legal gun owners. During 1994  the death rate reached its peek with 5,793 minors killed in one year.

What is the comparison between the legally purchased firearms and the rise in gun control legislation?

q      1989 enacted assault weapon bans multiple restrictions on  handguns

q       1990 the death rate of children (ages 0-24) increased to over 5,000 for the first time. At the same time gun sales dropped to an all-time low.

Conclusion: More laws where applied to the purchase of  guns causing fewer people to purchase them, yet the number of deaths increased.

Currently there are nearly  22,000 gun laws in affect in the U.S. In order to legally buy a firearm in the United States. TOP

First you must first go through the FBI's

ü      National Instant Background Check System (NICS),

ü      The National Crime Information Center (NCIC),

ü      The Interstate Identification Index (I I I),

ü      And the NICS Index.

ü      Then you have the states own check system

ü      Depending on what state you’re in you may have to take a test.

It makes you wonder, what other regulations are needed?

To illegally buy a gun you just need to know who to ask and $200 cash. You have it in your hands within thirty minutes.  Regulations and laws won't change this. Additional gun legislation limits access to decent citizens.  Criminals always get around it.

From 1995 to 1998 the NRA and other organizations fought many new laws and restrictions. Their effort and a coinciding  decrease in youth gangs helped lower the ratification of additional legislation..

Those laws which passed have shown themselves to be ineffective in decreasing the death or violent crime rates. The laws only affect people attempting to buy a gun through a dealer. In order for the dealer to sell the gun he has to go through the state, which is strongly regulated. TOP

The state of California is one of the toughest states in the U.S. for gun owners to buy firearms. How effective is the state's laws?

q       From 1991 to 1999 there where 1,649,511 long guns sold

q       17,079 people were denied. 

q       That’s a denial percentage of 1.04%

q       Total sales of 6,930,097 guns

q       Total denied 58,123 or 1.8%

q       Average processing fee= $20.00 per firearm

q       California grossed $138,601,940.00 in fees from its laws to stop criminals from buying legal guns

q      The amount of people who where denied (of the 1.8%) prosecuted for breaking the law and trying to buy a firearm 0.

Most people that buy firearms legally are not criminals, even those denied. The  police have access to the  reports of who try to buy.  As they are not perceived as threats and no probable causes exists, those denied  were never detained. TOP

This regulation is useless if not enforced, but the biggest question is why where these people denied? I know of two people who where denied because they had records for indecent exposure: A teenage prank, mooning a teacher more then ten years ago..

Restrictions affect only the people who choose to abide by the law.  A prime example is the Bank of America robbery in California that involved an illegal, fully automatic AK47 with armor piercing ammunition. These are illegal but it doesn’t stop criminals from using them in California.  Generally a liberal state priding itself on empower citizens with rights, California is one of the strictest states in relation to gun laws and restricting these rights.  TOP

A common argument is that the Second Amendment doesn’t protect the right to own specific classifications of guns.  It doesn’t have to. The founding fathers didn't intend to limit choice. The Bill of Rights was never intended to provide an argument for comprise. It protects our rights simply and plainly.  It anticipates technology and advances our founders never knew.  It's there to protect us and our freedom.  The right to bear arms is one of those freedoms and a necessity to keeping our freedom.  The second amendment is not open to negotiation.  It is a right.  More restrictions infringe upon this right.  Gun control isn't the answer.  It is simply a castration of each American's freedom, like a frog sitting in pan that slowly boils to death one degree at a time.  Each time we shed our rights we come closer to boiling.  What is amazing is most American's don't even realize this is happening.  Our rights are our rights. Any doubts, the second amendment followed by the ninth makes this clear.

Ninth Amendment

The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.  END


Chris Murray is Couples Company's Fitness and Defense Expert. He has 18 years of experience in martial arts obtaining the level of black belt 1 degree in Tae Kwon Do, and Black belt in Karate. He is licensed and a teacher of combat strategies.


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