The New Normal: Guns

How The Misinterpretation of The Second Amendment Led Us Astray

“The new normal”.

Although only 3 words, these words carry a lot of weight; feelings of apprehension, longing, and at times, even hopelessness and confusion. In light of the Nashville school shooting that took place recently, the “ my thoughts and prayers go out to” tweets aren’t cutting it anymore.

Parents want to rest easy, knowing that their kids are getting a quality education, without having to worry about the potential threat of a shooter on school grounds. According to this map¹ sourced from the Center for Homeland Defense and Security, the US has had a total of 2,069 school shootings as well as nearly 700 deaths related to school shootings since the 1970s. This not only brings up the question of the exact outreach or range of the 2nd Amendment but also what we can and must do to save children’s lives and prevent future tragedies.

In this article, I aim to give my two cents on how our [American] policymakers can come together and satisfy both ends of the spectrum: protecting our 2nd Amendment rights while also implementing a more effective process in discerning who should be allowed to carry firearms.

Before I go ahead and dive into what I believe can be a feasible plan for both political parties to agree on, it’s important to understand our roots, and why the Second Amendment came to be, to begin with. The Second Amendment states:

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.

But what does it really mean? And where did our fierce loyalty to the freedom to bear arms come from? According to the analysis and interpretation made by Congress², Americans have felt so strongly about the 2nd Amendment because King James II tried to leverage the Crown’s standing army to enforce their rule and quell anyone who opposed him. The settlers in the original 13 colonies didn’t exactly have positive interactions with the British militia either, which led our Founding Fathers to write an amendment that allowed regular citizens to bear arms in case any ruling body or standing military authority would abuse their outreach or powers. In a time when monarchies were common, this was a valid concern.

However, we now live in a society where over half of the countries with a population greater than 500,000 are democratic³, to which now the original concern has been replaced with the irrational fear that “they want to take all of our guns”, a fear that I plan to address later on in this article. For now, let’s take a look at the root cause of school shootings or any type of gun violence by looking at what the process of owning a gun looks like.

I think conventional wisdom comes to include the fact that preventing a problem is better than curing it when the damage has already been done. Sadly, our country has seen the damage, repeatedly, for decades. But as they say, it’s all about how we decide to move forward together as a nation.

According to the New York Times⁴, you can buy a gun in less than an hour, since the process to own one consists of only 2 steps:

1. Passing an instant background check that takes past criminal convictions, domestic violence, and immigration status into consideration.
2. Buying a gun.

Although a lot of states have put waiting periods and expanded background checks into place, about a third of Americans can purchase a firearm WITHOUT a background check, which federal law doesn’t require when buying from a private vendor. A THIRD. That’s roughly 110 MILLION people. Seeing that our process is only 2 steps (sometimes even less than that), it’s no wonder why our country is starting to become associated with gun violence/school shootings⁵. To see how this 2-step process really does have a significant impact on the number of school shootings we have, feel free to look at these 10 case studies⁶.

On top of the fact that the process to own a gun is lax, the lack of proper gun storage also presents a problem if even a toddler can easily access them, such as this recent incident in the video below. (At the time I published this, this video is 2 months old.)

There are some laws, however, that do try to help decrease the amount of gun violence in the United States. One example is the Gun Control Act of 1968 (GCA) “which regulates firearms at the federal level, [and] requires that citizens and legal residents must be at least 18 years of age to purchase shotguns or rifles and ammunition. All other firearms — handguns, for example — can only be sold to people 21 and older.”⁷ In other words, this act sets the minimum age an individual may purchase a firearm. State or local officials may implement higher age restrictions but lowering the federal minimum isn’t allowed.

Another law set in place is an amendment to the GCA, which is known as the Brady Handgun Violence Prevention Act of 1993⁷. This requires gun vendors carrying an FFL, or Federal Firearms License to conduct background checks on potential buyers. Unfortunately, this amendment does come with some loopholes: gun shows, nontraditional vendors such as a collector selling handguns from his collection to another person, and even receiving a gun as a gift since all of these do not require a background check to be performed. The fact that the process to own a gun doesn’t include a psychological welfare check is in itself another loophole. Given the fact that most school shooters fall between the ages of 15–30⁸, these loopholes can potentially cause firearms to fall into the possession of an individual who may otherwise not qualify to own one.

We’ve already seen the consequences of a gun in the wrong person’s hands. Despite 48% of Americans acknowledging gun violence as a significant problem⁹ and 53% supporting stricter gun laws⁹, some Americans have concerns about longer firearm acquisition processes, despite the logical approach of addressing any problem by solving the root cause.

According to the Pew Research Center⁹, the main reason Americans own at least 1 firearm is for safety purposes. This reasoning is most likely from the Americans’ acknowledgment of the first previous statistic I mentioned as well as for overall safety reasons, such as this instance below.

Although obtaining a gun for safety purposes is a completely valid reason, the number of loopholes that I mentioned previously in this article is one too many. Having a more inclusive and expansive process that covers not only a background check but also a mental health/well-being check can help close out a lot of those loopholes.

Some people may be opposed to this in fear that [the federal gov] wants to take “all of our guns away”. This has been a fear that has been touted by the majority of the Republican party as well as the NRA. Now personally, I don’t believe in banning certain guns as a necessarily appropriate response to school shootings, so in a sense, I do understand their fear since once a certain type of gun gets banned, it becomes a slippery slope of what can and can’t be allowed to own. To someone who collects guns as a hobby, this fear is completely understandable. I also don’t believe only banning certain styles of firearms is the best approach to solving this given that it’s kind of like putting a bandaid on the problem, but not actually solving it.

The Declaration of Independence states that all of us have “certain unalienable rights” which include, “life, liberty, and the pursuit of happiness”. Although, understandably, some may believe that having a stricter process may infringe upon these rights, the loopholes that still exist in current gun control laws infringe upon hundreds of lives’ claims to those same unalienable rights.

Another common argument against a stricter process is the 2nd Amendment, especially the part where it says “right…shall not be infringed”. However, it’s important to understand that no law, even an amendment is subject to absolutes nor is perfect. For example, take the 1st Amendment¹⁰.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

To put it simply, the 1st Amendment states that we have the right to convey our thoughts, without any fear of retribution. It also gives us the right to peacefully protest as well. However, this right is revoked, when said speech can be construed as threats, either real or potential since legal action is pursued. The same can be said when peaceful protests turn into riots.

This brings me back to the exact outreach of the 2nd Amendment. Although it states, “shall not be infringed [upon]”, it should be infringed when it threatens another person[s]’s unalienable rights to “life…and the pursuit of happiness” in circumstances other than solely self-defense.

The solution to decreasing the number of preventable deaths related to gun violence, especially school shootings shouldn't be banning certain styles of firearms but instead having a more effective, comprehensive process for obtaining a firearm, requiring gun shows to carry an FFL, as well as stop private sales of firearms i.e. when a gun owner wants to sell a firearm they no longer wish to have.

For reference, our lawmakers can learn what other countries’ processes of obtaining a firearm are like. If you would like to see what other countries’ processes look like, click here. For this article, I will be looking at Japan’s process as well as breaking down how it will cover the majority of the loopholes present in our current process. As of 2019 when the New York Times released this article, Japan’s process⁴ looks like this:

1. Take a firearm class and pass a written exam that is held up to 3x/year.
2. Obtain a doctor’s note that you’re mentally fit and that you don’t have a history of drug abuse.
3. Apply for a permit to take firing training, which takes up to 1 month.
4. Describe in a police interview the reasoning behind your gun purchase.
5. Pass a background check consisting of your criminal history, gun possession record, employment, involvement with organized crime groups, personal debt, and relationships with friends, family, and neighbors.
6. Apply for a gunpowder permit.
7. Take a 1-day training class and pass a firing test.
8. Obtain a certificate from a gun dealer describing the gun you want. If you want a gun for hunting, apply for a hunting license.
9. Buy a gun safe and an ammunition locker that meets safety regulations.
10. Allow the police to inspect your gun storage.
11. Pass an additional background review.
12. Buy a gun.

At first glance, Japan’s process may seem daunting or filled with unnecessary steps, however, I hope this breakdown that I’m about to provide, may help you to see just how much we need a similar process like this in the US.

Steps 1, 3, and 7 are focused on ensuring that the gun owner is properly educated in the proper use of firearms which I believe comes in part from being a responsible gun owner.

Aside from the extensive background checks that take place in steps 5 & 11, step 2 is a much-needed step I believe the US needs to adopt since 40% of shooters commit suicide afterward¹¹, hinting that they may have needed psychological help.

Steps 6 & 8 are similar in reasoning as to why the DMV issues driving permits and when you’re looking for a car, which also can be considered a 2-ton weapon.

Steps 9 & 10 are to ensure proper storage of firearms, which I believe is another part of being a responsible gun owner. It’s also so incidents like what I showcased in the first video don’t happen.

In terms of Step 4, I don’t necessarily believe reporting your reasons for purchasing a gun is necessary, but perhaps this step can be replaced with reporting your proposed gun purchase so they can keep a record of the number of firearms you own, similar to how whenever you buy or sell a car, you must report it to the DMV and your car insurance carrier.

The United States has a long history of accomplishing a lot of firsts¹², such as being the first colony to rebel against its mother country and succeed, forming the first transcontinental railroad, being the first nation to fly, becoming the first country to land a man on the moon, being the number 1 superpower in the world today, etc. We’ve come a long way from how we first started, and that was because we had the will to change for the better and pave the way for positive progress. Let’s find that will again to bring forth more positive change by ensuring that only the people with the right character can purchase and own a firearm and prevent those who want firearms to wish us and our children harm by closing those loopholes and having a more extensive process in purchasing and owning a firearm. Because enough is enough.

Sources:

1. Center for Homeland Defense and Security map: https://www.chds.us/sssc/data-map/
2. Second Amendment history & background: https://constitution.congress.gov/browse/essay/amdt2-2/ALDE_00013262/
3. How many countries have a democratic form of government: https://www.pewresearch.org/fact-tank/2019/05/14/more-than-half-of-countries-are-democratic/
4. Process of owning a gun in 16 countries: https://www.nytimes.com/interactive/2018/03/02/world/international-gun-laws.html
5. School shootings per country: https://worldpopulationreview.com/country-rankings/school-shootings-by-country
6. 10 case studies: https://apnews.com/article/uvalde-school-shooting-buffalo-supermarket-texas-d1415e5a50eb85a50d5464970a225b2d
7. Current gun control laws: https://www.dw.com/en/8-facts-about-gun-control-in-the-us/a-40816418#:~:text=The%20Gun%20Control%20Act%20of,to%20people%2021%20and%20older.
8. Age demographic of school shooters: https://www.researchgate.net/figure/Distribution-of-school-shooters-by-age-group-in-percentages_fig1_273852925
9. Key facts about Americans & guns: https://www.pewresearch.org/fact-tank/2021/09/13/key-facts-about-americans-and-guns/
10. All ratified Amendments: https://www.ushistory.org/documents/amendments.htm
11. Active Shooter Study from the FBI: https://www.fbi.gov/file-repository/as-study-quick-reference-guide-updated1.pdf
12. America’s Firsts: https://americanlifestylemag.com/life-culture/editorial/firsts-american-history/