A right to bear arms?

December 15, 2012 at 9:59 am (children, crime, insanity, Johnny Lewis, libertarianism, mental health, murder, rights, United States)

“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.” -Second Amendment, the U.S. Constitution

todays paper

Whatever the merits of such notions about personal and national security (they are, to say the least, highly questionable in this day and age), it is important to note that the only kind of militia the Second Amendment expressly regards as consistent with security is a “well-regulated” militia. One may rationally and reasonably conclude that this applies both to an organized militia and an unorganized one. Otherwise, an armed citizenry consisting of men and women using guns for presumed high purpose according to their respective dictates of personal whim and political fancy is the stuff from which anarchy could result, and in turn the tyranny against which the private possession of guns is supposed to protect Americans.

The right to keep and bear arms (a term that connotes a military purpose) stems from the English common law right of self-defense. However, the possession of guns in the mother country of the common law was never an absolute right. Various conditions were imposed. Britain today has one of the strictest gun laws in the world.

There is nothing absolute about the freedoms in our own Bill of Rights. Freedom of speech is not freedom to shout “fire” in a crowded theater. Freedom of religion is not freedom to have multiple spouses, or sacrifice a lamb in the local park, as religiously sanctioned practices. Similarly, whatever right the Second Amendment protects regarding the private possession of guns, for whatever definition of “militia,” is not an absolute right. It must serve the overall public interest, including (from the preamble of the US Constitution) the need to “insure domestic tranquility, provide for the common defense and promote the general welfare.” Whatever right there is to possess firearms is no less important than the right of every American, gun owners included, to protection against the possession of guns by persons who by any reasonable standard lack the crucial credentials for responsible gun ownership.

- From a 1977 article by David J.Steinberg, Executive Director, National Council for a Responsible Firearms Policy:  “Does The Second Amendment Mean What It Says?” 

- Socialists debate gun control here: http://www.workersliberty.org/node/4681

2 Comments

  1. bler4egHH omceonmretatry said,

    Whatever the ethics of gun control and gun ownership are, the least interesting aspect of the question concerns constitutionality and the Second Amendment. The U.S. Constitution is reactionary document that was largely drafted by slaveholding, rich scum to prevent the poor from exercising any meaningful form of political power. The genuflection towards this reactionary document, and liberal legalism more generally, demonstrates how enmeshed in bourgeois hegemonic discourse sections of the so-called “left” really are.

  2. Jim Denham said,

    Sub-Althusserian, ahistoric, anti-Marxist nonsense from bler4

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