GUN CONTROL - AN AUSTRALIAN PERSPECTIVE
April 2000 |
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What's
it about?
The recent American shooting death of a child, at the hands of another child, has
re-ignited the gun control debate in the United States. Fair enough, but every time there
is a hue and cry at yet another school shooting or other gun-related tragedy, Australians
shake their heads in wonderment. Why, we quite reasonably ask, are these American
youngsters allowed access to guns? And at the bottom line, why doesn't the U.S. Government
simply outlaw the proliferation of guns and put an end to this continuing insanity?
What's the law say?
The terrible events at Port Arthur allowed all Australian State Governments to agree to
more severe restrictions on the ownership of guns. And yes, there are laws in the United
States that control the ownership and use of guns. In fact there are more than 20,000
gun-control laws that regulate ownership and purchase of guns. But there is a single
overriding restriction on the right to prohibit gun ownership, and that is the American
Constitution. The Bill of Rights, which are Amendments attached to the Constitution, list
the rights to life, liberty, freedom of speech, freedom of the press, religion and due
process and equality under the law. The 2nd Amendment of the Constitution states:
"A well regulated Militia being necessary to the security of a
free state, the right of people to keep and bear Arms shall not be infringed."
What's this about a "militia"? At best this is an
anachronism, harking back to the War of Independence when citizens bore arms against their
colonial landlords. Nevertheless, this is the means by which the gun lobby has opposed
every legal initiative to restrict the availability of handguns. The major lobbyist, the
National Rifle Association (NRA), is not opposed to restrictions with regard to criminals,
but they interpret this Amendment to sanction gun ownership for law-abiding citizens.
Is there a right to bear arms?
The NRA seems to conveniently avoid the full context of the 2nd
Amendment. The 2nd Amendment was written on the basis that professional armies, even those
founded in the United States, could not be trusted. This was partly a result of the
actions of the British troops who enforced inequitable taxes, leading eventually to the
American Revolution. The militia was composed of ordinary citizens, a bulwark against
tyranny, and generally bore their own arms. You might ask yourself what possible purpose a
handgun would serve in the continuation of a state militia? From our perspective that
would be a sensible question.
What's the answer?
What sort of logic allows the regulation of automobiles, clearly a "lethal
weapon" in the hands of the some drivers, and yet permits nearly half of all American
homes to harbour a gun? It seems that in the United States, as a result of history and a
dubious constitutional privilege, there is a view that gun ownership is a legitimate
"right". No such consciousness exists in Australia. Sure, most of us agree that
farmers should be able to shoot feral dogs that stray onto their properties. But we could
not contemplate a general right of gun ownership, because we know it would foster a
society in which violence would be rampant. How do we know this? Because it is merely
common sense - there's nothing magical in this. Okay, everyone should have the right to
self-defence - and the best way to curtail the need for self-defensive actions is to stop
the proliferation of lethal weapons in the first place. There's no paradox here, just
plain common sense.
Read this: The legal information contained
above is intended to be general information about the law. It is not a substitute for
legal and other professional advice. Lawscape Communications P/L does not accept
responsibility for loss to any person, who either acts or does not act because of this
information.
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