Friday, December 6, 2013

Unpublished Letters: Sandy Hook and the 2nd Amendment

Vincent J. Curtis

21 Jan 2013


Some Canadians seem shocked that in the wake of tragedies such as occurred at Sandy Hook Elementary school in Newtown Connecticut, that a comprehensive gun ban should be opposed by anyone.  However, there are good and sound reasons in American history and culture for the protection of gun ownership by its private citizens.

The reason the 2nd Amendment is in the United States Constitution in the first place is because in 1773 the British tried to suppress the brewing American revolution by first requiring the registration of firearms and then trying to confiscate those firearms belonging the the Colonists.  The framers of the Constitution wished to assure the anti-Federalists (those Americans opposed to the adoption of the newly-written Constitution) that the Federal government would never be so strong as to possess over-awing authority.   In view of the experience of the revolution and the cost of maintaining a permanent military on the charge of the state budget, the prossession of firearms capable of military use by the citizenry was sensible and specifically protected as an individual right of the citizen in the new constitution.  As Justice Scalia said in the Heller decision, the right to keep and bear arms was seen as the continuation of a right to self-protection that existed prior to the Constitution.  The right to employ arms for self-protection is mentioned in the 1689 Bill of Rights of England, and is discussed in Blackstone's Commentaries on the Common Law.

The right to keep and bear arms by individual citizens is thus grounded in American history and law, and any effort on the part of government to infringe upon those rights is seen as an effort for the government to become overawing.

To Canadians this may seem strange.  However, the U.S. Constitution begins with "We the People..." and is a document which proposes limited government.  Nowadays, limited government is respected more in the breach than in the observance, but the sentiment is that the people created the government, and they can change it as need be.  The government is a creature of the people, and an attempt by elected officials to deprive the people of necessary means of ultimately keeping the government in check is seen as a dangerous movement towards tyranny.

The business of personal protection, a common law right which antedates the formation of the United States, is also widely and highly regarded in America, as evidenced by the number of states with conceal carry permit laws.  Every man (and woman) has a right to defend himself, and the attitude of many of Americans is that if even a few of the teaching staff at Sandy Hook had availed themselves of this right the tragedy at Sandy Hook would not have been what it was.  It would be the story of a deranged man who was killed for breaking a school window.

American history is not the same as Canada's.  The incidents of massacres on the frontier, as the white, American civilization moved into Indian territory, are numerous.  The settlement of the American "wild West" was indeed wild in comparison to the settlement of the Canadian west.  Thus massacres are not as shocking to Americans as to Canadians.

The history of gun control in America began in the aftermath of the Civil War, when whites tried to deprive Blacks of the means of defending themselves against lynchings.

All things considered, there are many sound reasons why efforts to throttle gun ownership and possession in America should fail.  These are grounded in the American experience, of which Canadians often have little awareness and could care less about.

But if you want to understand why gun control will fail in much of the United States, rather than simply lament about it, one ought to review the recent decisions of the United States Supreme Court on the Second Amendment.

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