Lessons from America’s Gun Control Debate
Published in Sohu.com
(China) on 30 June 2010
by Fu Dalin (link to original)
In America, gun control is an important and controversial legal subject to which people pay great attention. To Americans, a gun is not a tool but a right. This opinion has been debated for more than 200 years, but it still exists and is still promoted by the highest justice department. On June 28, the American Supreme Court announced an extension of gun rights to all states, which means that all American citizens have gun rights. It also challenges the gun-control laws currently existing in various states.
The court’s votes show the complicated attitude over gun issues. The recent decision to declare the Chicago handgun ban unconstitutional was 5-4, as was the 2008 decision to overturn the 32-year handgun ban in Washington, D.C. Though the majority was slim, it still represents the greater part of Americans, which reflects something about America’s deep-rooted cultural values and law tradition. Here we can learn some inspiring lessons.
Lesson one: Always keep on guard against the violation of public rights.
We may wonder why Americans care so much about guns; are they that violent? On the contrary, Americans take guns so seriously in order to stand up to violence. As early as the American Revolutionary War, citizens understood the need to be armed against tyranny. Hence the Constitutional amendment that “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.”
A long time has passed since then and America has long been free of tyranny. But the psychological dread of tyranny hasn’t changed, and neither has the spirit of the Constitution. Laws firmly protecting gun rights have not either. Americans deeply believe that a gun is a right, and protecting citizens’ gun rights keeps the government from monopolizing force, thereby keeping a small number of people from pursuing tyranny by force.
Lesson two: Always hold in awe the authority of the Constitution.
In fact, Americans are protecting gun rights with a lot of effort, even at the expense of blood. After several shooting incidents, gun control advocates are still unable to make inroads. Why? One reason is that Americans treat the Constitution, written by their ancestors, with great respect.
In recent years the gun problem has been coming into focus and people have started to debate it. One group of people believes that the Second Amendment, crafted over 200 years ago, is out of date. They contend that the country has changed and that the government has a right to control guns. Opponents fall back on the Constitution as it was written. They say the Second Amendment cannot be bypassed by gun control advocates, and many debates over guns have ended right here. In order to change the amendment itself, a majority vote of the 50 states must be gained, but there are 44 states that have their own laws clearly protecting citizen gun rights. Therefore, while limited gun control legislation can be introduced locally or even state-wide, a complete gun ban is impossible.
Lesson three: Always consider history when changing law.
America is the first and only country where most citizens have guns. Lawmaking is influenced not only by the Constitution and the Supreme Court, the final interpreter of that document, but also by the deeper roots of American’s unique gun culture and political history. Guns can represent the American character of wildness, toughness and independence. The gun to America is like the hamburger, the hot dog, or rock music to America: an indispensable part of the country. Although most people support some gun control — though not as strict as that found in Europe — they are reluctant to give up the right to individual gun ownership.
At the same time, deep differences between political parties and interest groups also affect the lawmaking process. Generally speaking, Republicans support gun rights, while Democrats are against them. Different political views actually influence American’s lawmaking directly, and the seemingly straightforward process is actually a system of political compromises. We would do well to remember that when we want to change law, we must consider the deeper cultural and political histories involved.
The court’s votes show the complicated attitude over gun issues. The recent decision to declare the Chicago handgun ban unconstitutional was 5-4, as was the 2008 decision to overturn the 32-year handgun ban in Washington, D.C. Though the majority was slim, it still represents the greater part of Americans, which reflects something about America’s deep-rooted cultural values and law tradition. Here we can learn some inspiring lessons.
Lesson one: Always keep on guard against the violation of public rights.
We may wonder why Americans care so much about guns; are they that violent? On the contrary, Americans take guns so seriously in order to stand up to violence. As early as the American Revolutionary War, citizens understood the need to be armed against tyranny. Hence the Constitutional amendment that “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.”
A long time has passed since then and America has long been free of tyranny. But the psychological dread of tyranny hasn’t changed, and neither has the spirit of the Constitution. Laws firmly protecting gun rights have not either. Americans deeply believe that a gun is a right, and protecting citizens’ gun rights keeps the government from monopolizing force, thereby keeping a small number of people from pursuing tyranny by force.
Lesson two: Always hold in awe the authority of the Constitution.
In fact, Americans are protecting gun rights with a lot of effort, even at the expense of blood. After several shooting incidents, gun control advocates are still unable to make inroads. Why? One reason is that Americans treat the Constitution, written by their ancestors, with great respect.
In recent years the gun problem has been coming into focus and people have started to debate it. One group of people believes that the Second Amendment, crafted over 200 years ago, is out of date. They contend that the country has changed and that the government has a right to control guns. Opponents fall back on the Constitution as it was written. They say the Second Amendment cannot be bypassed by gun control advocates, and many debates over guns have ended right here. In order to change the amendment itself, a majority vote of the 50 states must be gained, but there are 44 states that have their own laws clearly protecting citizen gun rights. Therefore, while limited gun control legislation can be introduced locally or even state-wide, a complete gun ban is impossible.
Lesson three: Always consider history when changing law.
America is the first and only country where most citizens have guns. Lawmaking is influenced not only by the Constitution and the Supreme Court, the final interpreter of that document, but also by the deeper roots of American’s unique gun culture and political history. Guns can represent the American character of wildness, toughness and independence. The gun to America is like the hamburger, the hot dog, or rock music to America: an indispensable part of the country. Although most people support some gun control — though not as strict as that found in Europe — they are reluctant to give up the right to individual gun ownership.
At the same time, deep differences between political parties and interest groups also affect the lawmaking process. Generally speaking, Republicans support gun rights, while Democrats are against them. Different political views actually influence American’s lawmaking directly, and the seemingly straightforward process is actually a system of political compromises. We would do well to remember that when we want to change law, we must consider the deeper cultural and political histories involved.
You got it right, very well researched & very well written.
I would say, however, that while in general American Democrats do not favor gun rights, there is a large percentage of Democrats that do not agree with their party on this issue. The state I live in generally votes Democrat, but it is filled with gun owners and hunters who will turn and vote Republican, if the only Democrat choice is a “gun-ghoulie” (one who wants to ban guns).
I would also point out that, although there are over 80 million armed households in my country, America only ranks 24th in the number of murders per year, with many of the countries above us on that list being countries that severely restrict or even ban gun ownership.
Owning a gun of any kind does not make you a murderer. This has always been the flaw in the thinking of those who would ban them. But even a 90 year old grandmother can protect herself against a murderer, if she’s holding a .357 Magnum…and over 2 million Americans thwart criminals every year, with their privately owned firearms.
This single issue has lost the American Democrats more voters than anything else. If they would simply accept the will of the people on this matter, they would swamp the Republicans in elections, every time.
What an excellent piece of writing!
There is only one point I believe should have been included, and that is this: there are gun buying laws in place to keep convicted felons, drug addicts, etc., from buying guns, and the simple fact is that almost all of the gun violence committed in this country is committed with stolen or otherwise illegal guns.
For fifty years, it was even legal to own a fully-automatic gun, with a hefty tax, and the owner had to be willing to produce the gun and its papers for any law enforcement official without a warrant. During that time, many thousands of Americans owned machine guns, and not one of them committed a crime with them. Not one was even accused of letting someone else steal his gun to use in a crime.
Even now, the bulk of guns used in crimes in this country are brought in from Mexico, and they were manufactured in China. I don’t offer this as some sort of insult, but to show that our system of making sure that all upright citizens have access to guns works. Our fearless leaders have, in their infinite wisdom, kept the southern border open to facilitate the slave trade, and that has brought in most of the illegal guns and armed criminals we encounter in our country today.