American Universities: When Freedom and Bearing Arms Are One and the Same

Recently, Texas allowed citizens to carry a gun on all university campuses in its state. Following the state of Idaho in 2014, the Campus Carry bill, so-named by the proponents of this bill, follows in the footsteps of seven other U.S. states. Since the early 2000s, mass killings continue to increase, however, at the same time that positions on both sides of the issue are hardening. The debate on the right to bear arms thus seems far from being over.

If, for some, the theme of gun-related violence dates back to the distant origins of the American nation, it is unquestionably in the second half of the 20th century that the debate starts to intensify. Since the late 1960s, we have witnessed an upsurge in gun murders while at the same time there has been an increase in guns on American soil. A recent study reports that there are 300 million guns currently circulating throughout the country, which adds grist to the mill of those who hold the gun culture responsible for the killings striking the entire country. For those who fiercely defend access to guns, it is the possibility of reducing the devastating potential of a killing that serves as their seminal argument. It is by guns that the threat is most effectively neutralized, by quickly preventing a profusion of bloodshed, they say.

Of course, allowing the right to carry guns on the campuses of eight U.S. states falls within a context where it is ever easier to obtain a gun. Very often sold to citizens whose criminal background is not always checked, 40 percent of guns in America come from transactions between individuals or are sold during sporting events. Accordingly, it is sometimes difficult to determine who legitimately has the right to own a gun and what the true intentions of the buyers are. Nevertheless, for many, carrying guns is an absolutely essential cultural component of the American citizen’s lifestyle. It is the expression, indeed, of a freedom that is an integral part of the country’s historical heritage.

It is this idea that was emphasized, for anyone who would hear it, by the former president of the National Rifle Association, Charlton Heston, in a speech that became famous: “Gun culture is fought against without weapons, without bloodshed and without tanks, but freedom is lost in exactly the same way. If we lose this culture of guns, you and your country will be less free.”* Far from being isolated or excessive, this statement is representative of a certain mentality that is widespread among Americans from diverse social and cultural backgrounds. For example, gun culture is part of the habits and customs of a lot of American families who regularly participate in shooting competitions into which children are initiated from a young age. It is also customary in some U.S. states to organize patrols comprising armed civilians watching over neighborhood security. In 2013, the sheriff of Maricopa County in Arizona authorized “protection of the schools in his county by an armed militia of ‘citizens.’”**

Currently, legislation on the right to bear arms is left to the discretion of each U.S. state. There are different types of laws that cover four main scenarios. In some states, such as Florida and Georgia, it is permissible to possess a gun under certain legal conditions. For example, the minimum purchase age is 21, and it is mandatory for the new owner to take a course on using guns. These states are called “shall issue” states, which means that they require those wishing to acquire a gun to meet legal criteria and comply with certain legal obligations.

At the other extreme, there are states without gun restrictions that allow a concealed weapon to be carried without possessing a license. Only Alaska, Arizona and Vermont are in this nearly unrestricted category. An intermediate level exists called “may issue,” which includes states where permits to possess a gun are issued by local authorities at their sole discretion. By issuing permits to some applicants, the sheriffs of different counties decide who is entitled to legally possess a firearm. Unlike the “shall issue” situation, the “may issue” rule is more discretionary and depends upon occasionally partisan decisions that contrast with the legal requirements for obtaining firearms elsewhere in the country. Finally, a last category is closer to the situation which exists in Canada, where the law maximally restricts carrying guns. These are the “no issue” states, which issue few permits and do not recognize those permits held by individuals from other states. The states of New York and California are in this category.

If the right to bear arms depends on laws unique to each state, it is clear, on the other hand, that gun culture permeates the American imagination. Despite the fascination that gun culture holds for the American people, it is difficult to explain the tenacity with which it persists over time. Far from being an easy issue to resolve, which our view on this side of the border suggests, the debate on the right to bear arms goes far beyond the question of their use for defense or for recreational ends. It is the history of American society that is engaged in this turbulent debate — and therein lies the reason why it is difficult for Americans to succeed in resolving this sensitive issue.

* Editor’s note: Although accurately translated, the quote by Charlton Heston could not be independently verified. The former president of the NRA was also a well-known actor.

** Editor’s note: Although accurately translated, this quote could not be independently verified.