The discussion of gun rights with gun control zealots often
reverts to the concept of restrictions of other constitutional rights, classically
the proscription of yelling ‘fire’ in a crowded theater. This is actually a very good teaching
point. Of course, if there is a fire in
the theater alerting other patrons is an act of heroism, not terrorism. But if there is not fire and the intent is
malicious, such an act could lead to harm or even trampling death of
moviegoers. This obviously is a
crime. But the crime is not in having
the right of free speech, rather using it in a dangerous and malicious manner
with intent to harm. In this country we
do not engage in prior censorship of speech or written word. People are free to say or write anything,
understanding that if this speech or writing is intentionally malicious and
harmful it could result in criminal prosecution and punishment. This is the deterrent function of the law. The right of free speech remains unalienable.
Likewise, the right of private citizens to keep and bear
arms is an unalienable right ensconced in the constitution, which means it too
comes from God not government and it is the specific role of government to
protect that right. Similar to the
example above, if a gun is used in a dangerous and malicious manner with intent
to harm a crime has been committed with the gun. That crime is proscribed by law and may
result in arrest, prosecution and punishment which might include incarceration
and the loss of the right of that individual to legally own a gun in the
future. The Second Amendment right still
stands in the general sense. There has
been no prior censorship to gun, ammunition or magazine ownership by the
general public at large. Rather in
specific instances individuals either with criminal records or clear dangerous
mental instability may be lose the right to own a gun. This is a very narrow sliver of the
population and this practice must be cautiously monitored for government abuse.
We do not gag people or cut out the voice boxes of people
with propensities to speak dangerously or take typewriters away from subversive
writers. To proscribe gun ownership,
ammunition ownership, or high-capacity magazine ownership or make such ownership
so convoluted, complicated and monitored as to de facto make such ownership near impossible, is a general prior proscription
of the Second Amendment right of the citizenry to keep and bear arms. Clearly this is not the intent of the constitution
or the proper role of government. This
is shades of Pre-Crime a la “Minority
Report.”
The proper role of government is to strain as far as
possible to protect these God-given rights found in the constitution. The constitutional rights of law-abiding
citizens must not be adversely affected by the actions of government in
prosecuting individuals who may have committed crimes in the exercise of their
constitutional rights.
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