Gun Control: The Song That Never Ends

Years ago puppeteer Shari Lewis had a children's program that featured the song "This is the song that never ends." It appears that the debate over gun control is yet another song that never ends. The tragedy is that while this never ending song continues unabated the lives of children are being sacrificed on the altar of NRA resistance and recalcitrance.

The Answer is Simple - Do the Right Thing!

Clearly gun control is a controversial issue in American politics. But the reality is it shouldn't be. It is not about the Second Amendment. Assuming for the sake of argument that it ever was about the Second Amendment that argument was, at long last, settled by the United States Supreme Court decision in Heller. Yes, each of us has the individual right to bear arms for self defense. But that right does not guarantee the "right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." The Second Amendment right was extended to all States in Mc Donald v. Chicago.

Although the handgun may be the "quintessential self-defense weapon," as Justice Scalia pointed out in Heller, clearly the AR-15 is not a self-defense weapon. So lets finally put the Second Amendment argument to rest. It is a spurious, incidious argument that is not worthy of the time I will waste to explain it.

AR-15

Purpose-Designed, Purpose-Built

Weapon of War

The AR-15 (a generic name for a host of military style assault type weapons) is a "killing machine" created for the singular purpose of killing as many people as possible in the shortest period of time. It was developed for use by soldiers in battle. It is not suitable for hunting unless you are hunting small animals and why would you need 30 rounds in a magazine to take down Bambi or Peter Rabbit?

In fact, when developed it was noted that the AR-15 (renamed M16) it was observed that it is particularly good for use against the "Viet Cong who are small (five tall on average) and light weight (90 pounds on average)." In short, the AR-15 was considered particularly useful for killing small people. But here's the point, whether the weapon is illegal or not it is only good to do what it was designed to do - kill as many people as possible in the shortest period of time. It is a “purpose-designed” and “purpose-built” weapon of war. It is a killing machine not a hunting rifle and it is not protected by the Second Amendment. Ban it for civilian possession - now!

Why haven't these weapons

of war been banned?

The standard answer is the all-powerful NRA. But the NRA is not the real problem. The real problem is spineless, legislators who value the NRA's ability to speak against them more than the support of the people whom they ostensibly represent. Think about it. The NRA claims 4.5 million members. Assuming that figure to be accurate - one hell of an assumption since most gun owners are not NRA members - they represent less then 1.4% of the general population. Talk about the tail wagging the dog. Legislators need to grow a pair and do whats right!

Highland Park

Assault Weapons Ban

Just to show that it can be done: In 2013 a law was passed in Highland Park, Illinois – a suburb of Chicago – that banned AR-15s by name, along with other "assault weapons" and any magazine with a capacity greater than 10 rounds. The law established that within Highland Park city limits, AR-15s are "contraband" that "shall be seized and destroyed." Violators are subject to a fine of up to $1,000 and/or six months in jail. Here's the really interesting part - the NRA challenged the law but the Supreme Court of the United Sttes refused to hear the case which allowed the law to stand. Not surprisingly the NRA never talks about that case. If it can be done in Highland Park it can be done nationally.

Hypocrisy of

The Second Amendment Argument

In Heller the court noted matter-of-factly that '... nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons...." In its sixty-four page opinion (157 pages if you count dissents) the Court takes an exhaustive look at the Second Amendment and concludes that the right is an individual right to insure the ability to defend ones self and one home. But then concludes that the right can be infringed if the if the person has been convicted of a felony. This is curious indeed because it means that a person who has been convicted of a felony loses his natural right to self defense and to the defense of his home and family. Precisely the intent of the very first gun control laws that were intended to disarm the freed slaves. Perhaps even more curious is the fact that the majority opinion does not discuss how or why the "longstanding prohibition" came into being or why it is an exception to the sacred Second Amendment right. Apparently no explanation is necessary. Reminds me of the 13th Amendment prohibition of slavery except after conviction. Everybody can have a gun except ... nobody can be a slave ...except. In each case the exception is felony or conviction. Let us not forget that felony conviction also allows states to deny the right to vote. Can you see a pattern here? If you can't see the pattern you aren't looking.

I should also note that the persons responsible for the mass shootings since Sandy Hook were all persons who possessed the weapons legally. To my knowledge none of the perpetrators of mass slaughter at schools or public venues were convicted felons but used assault weapons. What is the common denominator here?

I have a sneaking suspicion that the only way this song will end is when a AR-15 toting gunman or woman shoots up an exclusive private ivy league high school. Why not just ban the damn things before it happens again. One thing seems certain. If we don't ban asssault weapons these tragedies will happen again and again and again. This is truly a song that never ends!

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Johnnie Cordero holds a Bachelor's degree in Political Science and a Doctorate in Jurisprudence. He is the author of Total Black Empowerment: A Guide to Critical Thinking in the Age of Trump. His new book Theodicy and The Power of the African Will is now available on Amazon.com, Barnes & Noble and other on line book sellers.