Monday, March 25, 2013

The 2nd Amendment

Well, I've been away from this blog during the eight or so weeks it's taken me to complete a machinist training program, and I'm glad to be back. Hello, people! I've missed you! And a few things have taken place over that stretch of time, not least of which is the slow strangulation of the outrage over the Sandy Hook Elementary School shootings.  New gun control legislation has gone from a near certainty to an almost certain impossibility, demonstrating the principle that if it wasn't headlined in the news yesterday, it won't get legislation passed today. Outrage, it seems, only lasts until the next episode of How I Met Your Mother goes on the air, and the empathy of the general public dries up almost as soon as the blood on the pavement does.

It also demonstrates the overwhelming power of gerrymandering - oh, excuse me, I meant to say vote stealing. Enough members of congress are more scared of what their illegitimately twisted districts will think than of what the people in their state think overall. Thus, something with overwhelming public support, such as the regulating of gun show sales, gets much less support than it deserves because the buckshot-redneck minority gets a disproportionately loud voice. Maybe I'm a traditionalist, but I really don't think the founding fathers of this great nation intended to give veto powers to the NASCAR crowd.  It's time the hicks took their thumbs off the scales.

Let me clarify what the 2nd amendment truly means, because as usual, most people miss the point. Yes, it's true, the 2nd amendment does protect a citizens' right to buy and own firearms. The intention at the time was to make sure states had well-regulated militias comprised of volunteer fighters, but that's both ancient history, and beside the point. The right to own guns is ours, period. That much is settled.

How-EVER! The second amendment also says nothing, nothing regarding the re-sale of said gun to another party. In other words, while the second amendment may protect your right to buy and own a firearm, it does not protect your right to turn around and sell that gun to someone else! So, if the government insists on all re-sales being brokered through it's own, little bureaucracy, can it do so?

The answer is, hell yeah! Not only is the government entirely within its bounds, but I argue it has an obligation to do so!

The NRA can claim many things about regulating re-sales at gun shows, but it cannot claim protection of 2nd amendment rights. The right to re-sale just plain not in there! It can claim that it's a bad idea on moral principle, or it can argue that regulating gun sales in an infringement on free trade, or it can argue any number of other angles - but it cannot argue 2nd amendment!

The regulation of gun re-sales is absolutely Constitutional!

So back off, NRA! Stand down, Sarah Palin! And Ted Nugent? Fuck off, will ya buddy? You're just a musician, after all!

So, you want to own a gun? Fine. You want to sell that gun? Go get a license!

Either that, or wait until your local municipality's next gun buyback program.


Eric

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1 comment:

Mike said...

Eric.

Good piece. But you should also remind your readers that the entire part about a well regulated militia was a bone to the southern states. Militias were volunteer groups of armed men that hunted down escaped slaves.... not pretty I know.