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Second Amendment: A Well Regulated Militia

21 Wednesday Feb 2018

Posted by in Aging, Crime, Ethics, Generational, Government, Government Regulation, Gun control, History, Mass Shootings, Mental Health, Politicians, Politics, Second Amendment, United States, US History, Violence in the Workplace

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A well regulated militia. Gun extremists pretend that the first four words of the Second Amendment don’t exist. They beat people over the head with the Second Amendment using the last 13 words but never mention the part that frames the topic. I’ve even had one gun extremist tell me that the comma after the first four words invalidates them. 

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.

The Second Amendment

What “Well Regulated” Means in Second Amendment

Ironically, the first four words invalidates the gun extremists position against gun control laws. “Well regulated” is not an accidental phrase. It means that what is being discussed is not only to be regulated, but it is to be closely regulated.

Because it is stated first, it means that everything said after is to be considered within the framework of regulation. The Second Amendment is not about unlimited, unrestricted gun ownership. It is not a mandate to allow anyone to own any weapon they want. It clearly outlines that gun ownership is intended to be under the rule of the government.

Regarding assault rifles, our country had a legal restriction on assault-type rifles from 1994 to 2004. It wasn’t struck down because it was unconstitutional. It ended because a Republican Congress let the law die due to a Sunset provision in the ban.

Gun Extremists

Not what “well regulated” means

Supreme Court Ruling Confirms Guns To Be Well Regulated

Even the Supreme Court ruling that gun extremists like to use to claim unrestricted gun ownership confirms the right of the government to control the ownership of guns. In District of Columbia versus Heller, the Justice Anthony Scalia wrote in the majority opinion:

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Majority Opinion “District of Columbia v. Heller”

Justice Scalia builds a creative argument why guns have to be allowed in the home, but he clarifies that home ownership does not mean unregistered gun ownership:

[a]ssuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.

Majority Opinion “District of Columbia v. Heller”

The concept that guns cannot be regulated, nor registered is contrary to the ruling by the Supreme Court. “Well regulated” is the important aspect of the Second Amendment regardless of what gun extremists want to pretend.

Mass Shooters Not Criminals Before They Picked Up A Gun

18 Sunday Feb 2018

Posted by in Crime, Government, Health, History, Mass Shootings, Medicine, Mental Health, Politicians, Politics, US History, Violence in the Workplace

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Gun extremists like to portray the perpetrators of mass shooters as known criminals that should have been identified and stopped. That is a damn lie. Like millions of people in the United States, mass shooters often have anti-social behavior and/or involve themselves in hate-filled social media posts. Almost all of those people will not become a mass murderer. None of the mass shooters are identified as criminals until after they have picked up a gun and killed people.

Here is a list of the 20 worst mass shootings and indicators of instability prior to their crime:

TABLE 1.0 Worst 22 Mass Shooter Events in the USA

Millions of People Are Mentally Ill, Only a Few Kill

In some of the instances listed above the mental illness was known but was not an accurate predictor of the actions taken by the perpetrator. Almost all of the perpetrators were U.S. citizens, male, had easy access to guns, and/or was obsessed with gun ownership.

The five worst events have occurred after the ban on assault rifles was allowed to expire in 2004. Half of the top 22 mass shootings have happened in the last 18 years and the other half occurred in the 50 years prior.

More Guns, More Deaths

The simple fact is the explosion of gun ownership in the past three decades has resulted in an explosion of gun deaths. We are not safer now than we were 50 years ago, and while the funding for mental illness treatment is a factor, if guns weren’t easily accessible, the mentally ill would not have the opportunity to use them.

There are only three mass shooting events among the top 22 where the guns were not legally obtained. In two cases the guns were obtained because the criminal records of the perpetrator were not on record as they should have been. In the Columbine High School shooting, the two teenagers used friends to buy them guns. The other 19 events were people who had easy, legal access to the guns and if they hadn’t had that access, I wouldn’t need to write this article.