Guns in Society

I'm in the process of moving my blogs to Google's Blogsite.  The following post was originally dated March 26, 2018.

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I wrote the following blog soon after the shooting at Stoneman Douglas High School in Parkland, Florida.  I have also sent it to the leaders of the House and Senate, and some news outlets.

Let me begin by saying that I am a political independent with opinions on both sides of any issue.  The issue of guns in society is a controversial one, and emotions run high on both sides.

There are many aspects to the issue - rights (to bear arms; the right to a gun-free environment), laws, background checks and mental stability, and many more.  It's immensely complicated, and there are no easy solutions on the grand scale.  But, the ultimate arbiter of the issue must be the law.

The Constitution's Second Amendment has been used (and abused) as the primary justification for gun ownership.  I have no problem with the right to own guns for hunting (rifles, shotguns) or self-defense (pistols).  But I do have a problem with assault weapons.  There can be no justification for anyone to own assault weapons, for the following reasons.

The Second Amendment defines "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."  In addition, the Supreme Court has ruled that the Second Amendment does not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well-regulated militia."  That is, and officially recognized, state regulated militia.

Based on these terms and definitions, assault weapons have no justification outside of the National Guard (which holds such weapons in strictly controlled armories) or "well-regulated militia".

The National Guard trains its members on the proper handling of weapons, but also on the civil and legal aspects of their activities.  They attend drills one weekend per month, and a two-to-seven week block of field training annually.

Most states have established militias, though many are inactive.  All are under the direct command of the governor of the state in which they reside.  Seven states have no established militia.  Ohio's OHMR (Ohio Military Reserve), for example, is co-located with the National Guard units across the state.  Not all state militias provide weapons training, considering them to be cost prohibitive.  Nor do they all require any military training to join.  And, it is not clear whether their training includes the civil and legal aspects of their activities.

My point is that, where militias are concerned, they are not properly trained to act in military or emergency situations, nor are they required to pass comprehensive background checks (more on this later).  This is a recipe for disaster.  And, those who are not formally registered with a state militia have no standing, beyond the "catch all" definition of "every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia".  This is the loophole that could allow anyone to possess military weapons.  This loophole must be closed.

To rectify this situation, I would propose the following actions:

• All established state militias should be placed under the command of the National Guard at the state level.
• Recognized members of state militias should be thoroughly trained and licensed in the proper handling of weapons, and the civil and legal aspects of their authorized activities (i.e., police and emergency response types of action).
• Anyone not a member of the National Guard or the officially sanctioned state militia should not be permitted to purchase, transport, or reassign military equipment, defined as weapons that do not have a "reasonable relationship to the preservation or efficiency of a well-regulated militia".  Such weapons are to be kept in strictly controlled armories.
• Violations of these actions would be punishable by law.

These actions would go far to eliminate the carnage wrought by the many mass shootings that have taken place in recent years, yet still allow sportsmen to enjoy their sport, and for citizens to defend themselves under the law.

Background checks are another topic, and will be addressed in a separate article.  Suffice it to say that they are neither comprehensive nor in-depth.

Something must be done.  The time for inaction is long past.  Movements like #NeverAgain are gaining momentum.  It is up to the legislators (who must be held accountable) to pass responsible laws so that these incidents no longer continue.