Tuesday, June 21, 2016

Guns, Gun Violence, and the Second Amendment

"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." 

That is what our Second Amendment says. It was written at a time when the country didn't have a regular army and it was up to local people to protect their localities from violence. Under British rule, they weren't allowed to have guns. And I'm big on the constitution, so I recognize the right to own guns.  

However, the Constitution was also written in such a way that allows for fluidity. The Founding Fathers were well aware that if this country were to continue successfully, the Constitution needed to change with the times. This has allowed for setting the voting age at 18, women's voting, emancipation, granting voting rights and equality for African Americans, to name a few. 

That does not mean I have to like guns. In fact, I hate them with a passion. I am afraid of them. I have not seen one, except on a police officer's belt, and that is just fine with me. 

Before the Orlando shooting, I was planning on writing this blog. A week before Orlando I found out that my friend's brother was killed in a spree shooting in a hotel lobby. I lived with my friend for a month and I remember how much fun we had riding in the back of his pickup truck with the wind whipping all around us. He was not the target, just a person who was in the wrong place at the wrong time. This is the first time that a gun death has hit that close to home. And my heart broke for my friend. We live so far apart right now that I felt helpless to help her, except to send her my love and support. Somehow that doesn't seem enough. 

Then Orlando happened. When I first turned on the television, I heard that another shooting happened, and my thoughts went right to praying for the victims and their families while shaking my head. Then I heard the word "Orlando." It ended up that in a space of a week I either knew someone directly involved with a gun death or were a part of a close-knit group who were directly connected.

When a mass shooting happens, one of the things I hate is that the media will start reporting before investigators even have a chance to process the scene. And people fly off the handle. Automatically there is a cry for gun laws to be passed, and the cries of those gun laws being tantamount to banning of all guns and the gun rights people feeding the fear that if you aren't armed, you are more likely to become a victim of violence. Our society is obsessed with keeping guns and having the right to carry conceal. 

Donald Trump said after the shootings that if there had been people armed the death toll would've been lower. No, it would've been greater. Even the NRA came out and disagreed with him. While many crimes are thwarted by armed civilians, a nightclub is not one of them. There were a bunch of people drinking and having fun. Alcohol, guns, and a dark nightclub do not mix, and there would've been several more fatalities if the patrons took the law into their own hands. Then there are the ones that carry that have a hair trigger temper and any provocation could end up in a shooting. It is so easy to overreact when you are angry.

Is it right to mete out vigilante justice? No, it isn't. On the other end of the spectrum, there are conceal carry permit holders that have not gone through any training and don't know the first thing on how to help in a stressful situation. In those cases, the shooter is just as likely to shoot an unarmed civilian as the shooter. or they might freeze up and do nothing.

The excuses that pro-gun people have are amazing.  Some examples are: The Nazis banned guns. Actually quite the opposite. In 1938 they eased up gun laws that were set up from before the Nazis were in power. They also changed the law that said that Jews weren't allowed to keep them.

The Honduras and Switerzalnd issue. No, Honduras doesn't ban guns. Its citizens are actually allowed to own up to 5 firearms. And yes, there is a high crime rate there. They are also a country rife with drug violence. And no, Switzerland doesn't require you to own a gun. Men under the age of 34 are required to do military service, and during that time they are issued a gun and trained in its use. At the end of their service, they have the right to keep the gun if they like. If they do keep the gun, the army sends it to a weapons factory where the automatic function is removed, which turns it into a semi-automatic or self-loading rifle. People must have a permit to carry a gun in public, and they are usually only granted to people in the security industry, not for self-defense

And then there is this...which drives me up the wall...Chicago has such strict gun laws and yet it has the highest murder rate. So here's the deal. I grew up 30 miles outside of Chicago. And though they have tough gun laws within the city, the outlying suburbs (especially in Indiana) don't have them. Indiana's gun laws are pretty lax, and yes, northwestern Indiana is considered suburban Chicago. In fact, 60% of guns confiscated during the commission of a crime came from Indiana. The only way that Chicago can enforce their laws is if gun regulations become federal instead of local.


Another disturbing trend is irresponsible gun owners who leave loaded weapons within the reach of young children. In 2015, 265 children under 18 picked up a gun and fired. These were mostly toddlers and teens. Out of that number, 83 were fatal. These are so preventable, and requires nothing but common sense. If you have a loaded gun in the house, it needs to be safely kept in a lock box.


I read a story recently, that a man went to defend a man who was being carjacked. Instead of shooting the criminals, he shot the victim in the head. His reaction? He took off. Guns don't always come to the rescue, they make it worse. If you're going to carry a concealed weapon in order to protect yourself or your fellow man and screw up and shoot the victim, at least have the courtesy to stay around and take responsibility. If you are going to carry something that's only purpose is to kill or injure another human being, you must also be willing to take accountability for your actions. And the statistics don't sound good either. Only 3% of situations with a "good guy with a gun" scenario are successful.


Guns don't kill people, people keep people, or a car can be used as a deadly weapon. The first statement is correct. People do kill people. However a gun makes it deadlier, and it is a split second decision that a person might not have made under any other circumstance. As for cars...well, for one, they are not expressly used to kill or maim. They are for getting from point A to point B. In order to operate a car, you have to take a class, practice with a learner's permit with an adult, take a practical and written test. Once you pass and you got your license, you get a car. The car needs to be registered with the state and needs a license plate, that needs to renewed yearly. You also have to buy insurance. And some places are getting more strict about renewing driver's licenses. Some states require a thumbprint. Two years ago my Mom had to renew her license here in Florida. She had to purchase a copy of her marriage license (and my parents were divorced wen I was 4) to prove how she got from her maiden name to her current name. This was to renew, not to get a new license. It takes less to get a gun, believe it or not. Obviously, there needs to be stricter regulations.


There is one comparison between cars and guns that I liked. We have aggressively gone after drunk driving, and drunk driving accidents went down, without another Prohibition. If we were to do the same with guns, gun violence might go down. And you could always look towards Australia. Their Government had decided enough was enough after their first mass shooting.


I recently read an article that was titled "7 Things That Are Harder to Get Than an Assualt Weapon. This deals specifically with Florida and was published following the Orlando shooting. As I live in Florida too, I thought these were very interesting.


1. An abortion. Women must get an ultrasound and counseling before waiting 24 hours to get the procedure done.


2. A Driver's License. Here's what the Rolling Stone article said: "According to Florida law, you do not need a permit to purchase or carry an assault rifle, nor a license to own one. But Florida, like all U.S. states, does require anyone who operates a motor vehicle to have a driver's license. To get one, you'll have to provide a birth certificate or passport, proof of a Social Security number and two proofs of address. You have to take a four-hour Traffic Law and Substance Abuse Education class, pass a written test and a driving test and log 50 hours behind the wheel (at least 10 of which must be at night)." 


3. Solar Panels. Yup, that's right. The state charges prohibitive leasing fees for someone to install solar panels. Why? Well, obviously the energy industry has the state in their back pockets.


4. Voter registration. Yup, we're one of the states that passed harder voter registration. Might I add that it is much our right to vote as it is to carry a gun?


5. A Class I Exotic Animal. You really have to jump through hoops to own a Class I or Class II exotic animal. I have a Class III permit just in case I use my snakes and lizard to educate people in a place. It cost me $50.00 a year. And I also have to prove that I have the correct enclosure allowances, how to take care of the particular animal, a hurricane plan, a vet, and the address and phone number of someone that does not live with me. But permit fees for the animals above can run into the hundreds. 


6. A marriage license. Apparently you are required to take a 4-hour premarital course or marital course. If you don't want to, that's fine, but you have to wait three days before getting married.


7. Here's the real doozy. A handgun. Yes, that's right. You can actually walk into a gun store and buy a Sig Sauer MCX, but you need to wait three days to get a handgun. 


Another one I hate with a passion. Regulations aren't going to stop criminals. Well, duh!! So we shouldn't have laws against murder because nothing is ever going to stop people from murdering? If that was a reality-based justification, then there wouldn't be a need for any laws or a Congress or a Constitution. Every law is broken. If you are speeding, you are breaking the law. Does that mean that there shouldn't be any regulations such as stop signs, lights, driving in the correct lane, etc? I declare this excuse complete bullshit. 


And finally, I must end with a couple extremely disturbing statistics. As everyone should know who knows me, I am bipolar so I pay attention to these facts. People diagnosed wth bipolar are 15% more likely to commit suicide. No, I don't know how many of those are gun suicides, but I bet it's quite a few. The suicide rate by gun is roughly twice as high as that of the homicide rate by gun. People who shoot themselves succeed between 72% - 92% of the time and 80% of those suicides were done on impulse. All other methods of suicide have a 40%-50% chance of succeeding. And finally, if there is a gun associated with a domestic violence situation there is an increase of 500%.


So what to do? Before I start on my opinion, I would like to reiterate that yes, I know that this isn't going to stop gun violence. But I firmly believe that it will save lives, and if even ONE LIFE is saved, then it will be worth it. If there is one family that doesn't have to mourn, it is worth it. And if you are a law-abiding citizen, you shouldn't really care if there is more comprehensive gun control, because it SAVES LIVES. No one, and I mean NO ONE has threatened to overturn the Second Amendment or take away your guns. Stop being paranoid and start caring about the humans you share the earth with. 


First off, we need to start with banning all assault rifles, high-capacity magazines, and any ammunition that is specifically used for those weapons. You don't need to shoot 300 times a minute if there is someone in your house unless you need an excuse to redecorate your house. And unless deer are using rifles now to defend themselves, you don't need it to go hunting. Unless you want a little lead with your venison. Yes, compared to all other guns, as a whole, deaths by assault rifles are relatively low. However, they are one of the most popular guns to buy. Assault weapons should be stored and kept at gun ranges where people can go and learn to shoot it properly in a safe area.


Close the loopholes! Instead of individual dealers at gun shows run background checks, have the show do it. If someone passes, put some sort of identifying thing on them. Like if you go to an all ages concert. If you want to drink there's usually some bright colored bracelet that you can't get off for weeks and has been known to break scissors. The Internet is tricky, and I have no ideas how to handle it. You can get anything on there, including children and slaves.


Before issuing a permit, there needs to be background checks. How far should they go back? As far as necessary. Not only should they look at criminal records, but the length of their rap sheets,  any signs of violence, like dropped domestic violence charges, and things like repeated DUIs and/or a history of being involved in an organization that has violent tendencies. They should have references on the application. An applicant should also submit to a psychological exam (our soldiers and police/fire departments have them done before hiring someone.) And there should be a release of information for any psychiatric treatment or medical condition that would preclude a permit, much less a license.


Do not give permits or licenses to violent ex-convicts, violent felons, rapists, those with domestic abuse histories (including those where 911 was called, or there was a hospital involved. As well any incidents that weren't brought to a charge,) the Terrorist List, the No Fly list, domestic terrorist groups, and the mentally ill or mentally incapacitated.


Guns must be registered, along with its unique tool markings. The permit holder must also register a 10-print card and palm prints. And the license needs to be renewed every year for a fee, with occasional practical or written tests (like Driver's licenses.)


To qualify for a gun license, a person must obtain a learner's permit and take classes for no less than 6 weeks (both classroom and in the field) to insure proper education, safety skills, and learning how to shoot. This would also help a person to not overreact in a dangerous situation. While on the permit, a person would not be eligible to shoot unless with they're with their instructors, or with a licensed gun owner who has a special qualification to supervise people with permits.  Refresher classes should be offered at regular intervals.

After the meeting of all these requirements, they will again take another practical and written test. They have 3 chances to pass before they have to go back and repeat the process.

When a law enforcement officer is called to a scene of violent occurrences, background checks for registered guns should be run on all people around, and the guns confiscated until either the charges are cleared or they pass a competency hearing (especially so in the case of women who withdraw charges against their violent partners, or testimony of family members of a mentally ill person.) However, it should be understood that their actions might have consequences on their license, especially if a firearm was used in the course of the incident. 

Courts can suspend licenses and confiscate weapons as needed. Law enforcement officers are also allowed to confiscate weapons if they think that there is the possibility that violence will occur.

I know if I were to post this on Facebook I would be skewered. However, a lot of this is practicality, common sense, and based on current drivers license and law enforcement protocols 

People are all up in arms about their right to bear arms, but every person is also entitled to life, liberty and the pursuit of happiness. Which doesn't really work if instead of pursuing happiness we live in fear of being shot. Which doesn't give us much liberty or life. We have a right to live our lives. And I think our right transcends the right to bear arms. 

After all, when our Founding Fathers wrote the Second Amendment, they had single shot muskets where they had to load the shot and powder by hand before shooting it again. Nothing like an AR-15 or a Sig Sauer MCX.  

Update: 6/28/16: After reading a link about 5 common sense things for gun control, I have rethought my position. The No Fly/Terrorist lists may not be accurate and would affect innocent people. So if a background checks get a flag, they would have 3 days to decide if the person is capable of owning a gun. People with mental illness can also request that they be added to the list in order to protect themselves. 

And one more car thing that I forgot to mention. Require gun owners to carry insurance to cover basic things like home invasion, protection, hunting, and target practice/sport shooting. It might make a person think about shooting if it's going to cost them.

Here is the article I read... 5 Common Sense Ways for Gun Control













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