Constitutional Gun Control: An Approach That Will Work

One of the first posts on this blog was entitled From Parkland to Parkland (April 13, 2020) It discussed the issues involved in gun control in the United States. The title referred to the assassination of President John F. Kennedy (he died in Parkland Hospital in Dallas) and the murders at Marjory Stoneham Douglas High School in Parkland, Florida. These two events happened 55 years apart and the violence and mayhem goes on and on, Yesterday, at the Robb Elementary School in Uvalde, Texas, an 18 year old madman killed 19 children and two adults before a border patrolman shot and killed him. About 10 days earlier, in a Tops Supermarket in Buffalo, NY, another 18 year old killed 10 people because they were Black. Other recent atrocities have occurred in the New York City subway system with a mentally disturbed man randomly shooting a passenger sitting in the train and several weeks before another madman went on a violent rampage, also in a crowded subway train during the morning rush hour. Politicians, civic leaders, clergy and ordinary citizens are at their wits end in trying to solve this problem of gun violence. The Covid pandemic has been blamed by many but this writer considers that to be a foolishly speculative idea as no other cause seems to be in sight. It is time that we recognize certain facts. Firstly, the basic law of the land is the United States Constitution. All laws, regulations, orders, anything and everything, must be in conformity with the Constitution. The Second Amendment, part of the Bill of Rights, permits gun possession and numerous cases have been so adjudicated by the Supreme Court (SCOTUS). The Second Amendment exists and politicians and all citizens must deal with it. If enough of a movement develops, an attempt may be made to repeal it. However, the barrier to repeal a part of the Constitution is very high, requiring passage by both Houses of Congress and three quarters of the States. A reverse process can also be effected, that is, starting in the states and then proceeding to the Congress. Before one gets too enthusiastic about such an approach, it is important to recognize that in addition to all the divisions and segmenting of the American population, there is an additional segment which is most critical, namely urban versus rural. Rural life, and rural people, differ vastly from urban people in many regards, not the least is the ownership and use of firearms of varying qualities. Firearms are, for better or worse, part of American culture and life. People who are not criminals, who are as honest as the day is long, who would never dream of using a firearm in an illegal manner, go hunting regularly. Hunting isn’t for me and maybe isn’t for a majority of Americans, or maybe it is. I know of no surveys regarding attitudes towards hunting. I do know hunters and I can assert that it is totally foreign and obnoxious to them to use weapons against human beings. The urban landscape, unfortunately is quite different and weapons of various sorts are used in various criminal deeds up to and including murder.

If we recognize that the barriers to outlawing firearms in the United States make such an occurrence virtually impossible, let us recognize that the people who use potentially lethal weapons can be constitutionally controlled. When criminals are confronted by District Attorneys who refuse to prosecute various crimes, when criminals with records of violence are released on their own recognizance, we have a problem. It is even a bigger problem when D.A.s state that under no circumstances will they ask for the death penalty even in states where such a penalty exists. Additionally there are Governors who have said they will commute every death sentence and will not permit any executions under any circumstances. So, it seems to the author that the death penalty must be restored nationwide. It is understood that a large percentage of the population opposes this penalty, but again, in a democracy, the majority rules and if judges, legislators and governors are elected who support the death penalty, it can be assumed that this epidemic of violence can be brought under control.

Additionally, all crimes committed with potentially lethal weapons must be punished more severely than at present. Anything from guns, knives to baseball bats and bricks have the potential to kill. This puts crimes committed with potentially lethal weapons in a different category than simple shoplifting. Crimes committed with lethal weapons can no longer be forgiven if less than a certain amount is stolen. All crimes committed with a potentially lethal weapon must have a surcharge of twenty years, not subject to plea bargaining or judicial

discretion added to all sentences.

There isn’t one criminal whose family will not praise him/her as a worthwhile person of great potential. The jails are full of people who claim innocence. Clergy and academics among the social reformers may oppose incarceration. Maybe after our society improves we can deal more charitably with criminals. However, until then we must protect citizens and victims of crime. Make no mistake about this. This is an emergency of the first order and action is required

now.

Readers are referred to the post From Parkland to Parkland for further insights.

Garry S. Sklar

Las Vegas, NV

May 25, 2022