Saturday, May 28, 2022

The United States and Guns

The rest of the world looks on in horror every time there is another mass shooting in the United States. Unfortunately, mass shooting is only one aspect of this carnage.

Pew Research reports that in 2020, the most recent year for which complete data is available, 45,222 people died from gun-related injuries in the U.S., according to the CDC. Suicides account for more than half of these deaths (54%). 

"Mass shootings" are not consistently defined but only account for about 2.5% of murder by gun shot. The Gun Violence Archive, an online database of gun violence incidents in the U.S., defines mass shootings as incidents in which four or more people are shot, even if no one was killed (again excluding the shooters). Using this definition, 513 people died in these incidents in 2020.

Given that the massive gun death toll doesn't move the dial, it is unsurprising that another mass shooting in unlikely to lead to gun control reform. Indeed, the theory that the best way to stop a bad guy with a gun is a good guy with a gun probably explains why Republican states ease gun laws after mass shootings.

The issue from where I sit is that no one seems prepared to take on the core issue, which is the 2nd Amenment itself, which reads:

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.

Unfortunately for the US, the Supreme Court has not seen fit to limit the right to bear arms to the intent of the amendment - that is to limit the right to the Militia. Effective gun control may be possible by leaving the 2nd Amendment largely untouched but change it around to the right of members of the Militia to bear arms shall not e infringed. An amendment could add to the the powers of the Congress the ability to make laws about how the Militia is identified, trained and armed. 

The amendment process itself is laid out in Article V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;...

Interestingly this means there are four ways to make amendments:

    1. A proposal by Congress with ratification by state legislatures.
    2. A proposal by a convention of states with ratification by state conventions.
    3. A proposal by a convention of states with ratification by state legislatures.
    4. A proposal by Congress with ratification by state conventions.
The first is the method that has been used for all but one of the amendments. The fourth method was used for the 21st Amendment (which repealed the 18th Amendment, ending Prohibition).

The fourth method would be a challenge given the Republican position, but if there ever was a time to introduce a Bill and have it debated that time is between now and the mid-terms. The gun lobby is not as big as people think, and a well structured debate about not disarming militia's nor deny individuals the right to self-defence but the elimination of assault rifles would have to stand a chance.


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Life is what happens while you are busy making other plans JWL

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