Part 2

Citizenship

At the time of the Constitution’s inception, the framers, “all men in a man’s world,” clearly gave little thought to anyone other than the man as the defender of family, property or country (whereas in 18th century England, only the landed rich were empowered to defend honor and country). This concept of all men being full citizens and having the right, empowerment and obligation to self-preservation was unique to America.

A citizen, circa 1785, was considered to be any white American male over the age of 21 who was not a felon. The idea of civilian gun controls was unconscionable. It was also inconceivable that a Thomas Jefferson or a James Madison would refuse to take a musket away from a drunk, a child or someone conspicuously deranged. Had one been able to ask these learned, most-sacred-document framers of the conflict of such a restrictive action, they most likely would have replied with words to the effect that the drunk or mental incompetent were, at least temporarily, not citizens. A child was, of course, not a man, and a felon had forsaken his citizenship.

The controversy of the Second Amendment exists because, erroneously, some have insisted that the right to keep and bear arms is a state (as in Ohio, Texas, Florida) right and not an individual right. However, it is clear that the first clause — “A well regulated Militia, being necessary to the security of a free State” — means a free America. The word “State” also means nation/country, such as “the State of Israel” or “the Arab States” or “Secretary of State.” In other words, the nation can best form a well-regulated militia (army/navy) if its militia (originally, men between the ages of 18 and 45) are free to keep and bear arms.

With the ratification of the 13th, 14th and 19th Amendments, all of-age Americans were recognized as full, ruling-class citizens. Arms possession was — and still is — the signature of being a citizen, not a subject to some monarchy and most assuredly not mentally inept, a child, a felon or a substance abuser.

Others’ Rights:

Violating the rights of others is cause to restrict gun rights. Allowing certain persons, such as children, felons or drunks, to possess firearms most assuredly creates a substantial risk of loss of someone’s life or liberty. However, restricting the right of a law-abiding, bona fide citizen from carrying a firearm that is concealed from public view where it cannot induce panic or be available to a snatch-and-grab thief does not present a substantial risk of damage to anyone. Likewise, machine guns, modern sporting rifles or short-barreled shotguns, while in the possession of law-abiding citizens, are of no danger to others.

Constitutional rights are only such when they don’t infringe on the constitutional rights of others. One’s right to swing his fist ends where the other person’s nose begins. Of course, if one keeps his fist concealed in his pocket, he is violating no one’s rights. On the same token, if a law-abiding citizen goes about his legal business with a firearm concealed in his pocket, he is no more infringing on the rights of any other person than the theater-goer who keeps the word “fire” concealed in his mouth.

Some citizens might wish to exercise their right to the “pursuit of happiness” by not wanting to be in the presence of guns. On their own property, not accessible to the public, they can do as they please. However, where public property is involved, such as court houses, police stations and legislatures, guns can be restricted by instituting the use of metal detectors and storage boxes in which the carrier can store his or her gun until he or she leaves that secure area.

But, what about the reasonableness factor? Other “rights,” such as those found in the Third, Fourth and Eighth Amendments, are subject to this doctrine of reasonableness. Why not the Second? Anti-gunners might argue that, under the reasonableness doctrine, it is reasonable to ban certain types of arms or exclude bearing of arms into specified locations without incorporating metal detectors/lock boxes.

Unlike other articles and amendments, there is no such provision for “reasonableness” in the Second Amendment. Discretion is not part of the right to bear arms. In other portions of our Constitution, we see the following discretionary wording:

Article I, Section 4: “Each house may determine the rules…”

Amendment III: “…but in a manner prescribed by law.”

Amendment IV: “…against unreasonable searches … upon probable cause.”

Amendment VIII: “Excessive bail … nor excessive fines … nor unusual punishments…”

If the framers of the Constitution had intended for the bearing of arms to be anything other than what it says, they would have included subjective words or terms, such as “reasonable,” “excessive,” “prescribed-by-law,” “upon-probable cause,” “unusual” or “may” in the Second Amendment.

Reading discretionary or reasonableness provisions into the Second Amendment of our Bill of Rights is no different from reading the First Amendment to say, “Congress shall make no unreasonable law respecting an establishment of religion…” If the legislature or the courts are permitted to insert reasonableness into the Second Amendment, what’s to prevent them from saying a national church or attending church only on Tuesdays is not unreasonable? Not in America — not yet anyway!



Read more about our inalienable rights in America’s Framework for Freedom: A Simplified, Easy-to-Understand Look at the U.S. Constitution.