Guest Opinion: Let's apply the spirit of the militia clause
The Second Amendment 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." In all the years I have been debating and discussing gun control, I have never heard the gun rights advocates refer to the first clause.
From Charlton Heston and Wayne LaPierre to Ted Cruz and David McCormick, I have never heard the word "militia" uttered. It seems to me that the most rabid gun advocates believe the right to own guns is an absolute constitutional right. If we ignore the militia clause, they are right.
If only the second clause counts, we cannot limit gun ownership to people with sound mental health. In fact, we can't exclude children from bearing arms. Over and over, we hear this mantra: "The only way to stop a bad guy with a gun, is a good guy with a gun." If we really believe this, it follows that parents ought to send their youngsters to school armed.
I am not a constitutional scholar. However long ago the good sisters taught me to read. When I read the second amendment it is obvious to me that the framers did not intend the right to bear arms to be absolute and unrestricted. They did not write that clause because they had leftover ink. They really intended that the right to bear arms be conditional. Now, one might say we no longer need militias to secure free states. Perhaps, but let's figure out how to apply the spirit of the militia clause. Somehow, we must find legislators with the courage and brains to enact gun laws in the spirit of the militia clause. I believe rifles and shotguns used for hunting should be legal. A shopkeeper who has to make cash deposits at night should be eligible for a handgun permit. However, if someone wants to buy a weapon that fires dozens of rounds per minute along with 600 rounds of ammunition, he should be required to state a reason. If he claims that he needs such a weapon for protection, he should have to explain, "from what?"
There are many countries like France, Australia, Denmark, England and every other western country where people enjoy freedom without being armed to the teeth. Are we not as good as they? If we can agree that the right to bear arms is not absolute, perhaps people smarter than I can tune out the crazies and create reasonable laws. If we don't change, we won't have to worry about insane people owning guns. We are the insane people.
Richard M. Hepburn lives in Newtown.
This article originally appeared on Bucks County Courier Times: Guest Opinion: Let's apply the spirit of the militia clause
