Showing posts with label 2nd Amendment. Show all posts
Showing posts with label 2nd Amendment. Show all posts

Tuesday, June 24, 2014

The Slippery Slope Argument

No matter how angry you may be about the gun rights movement, if you actually start talking to them, you will quickly find that they are in fact a quite diverse, heterogenous group.  While it's easy for us to demonize them, and I for one, would prefer to be able to, that cannot be done. 

Given this diversity, it is remarkable how unified the gun rights movements is in its effects, which are mostly to deny any attempt, even the most modest, to enact gun control legislation. 

in their defense, their first line of argumentation is usually along the lines claiming how much the 2ndA has already been regulated.  And there is some truth to this, if you consider the history of simply federal legislation (merely during the 20th century, for example), as well as the diversity of state legislation.* 

To go back to my point, the gun rights movements employs what I would call a very slippery slope argument, in which almost any gun control advocacy is knocked down on account of the fact that it will lead to gun bans.  

Example #1: the NRA and Jack Kingston blocked legislation promoting research by the CDC on gun violence.  I mentioned this in an earlier post and in fact this is not really news.  The NRA has been doing this now for quite a while, such that the CDC or any governmental body has been prohibited from spending tax dollars on research into gun violence since 1996!  

If you consult the comments on that same post, you'll see that my interlocutor, GMC70 jumps on this slippery slope (slip-and-slide, if you will) riding it directly to the fact that all such research is the work of "liars" ... whose only purpose is to ban guns.

This example is interesting to me because of what I take to be the innocuousness of the program advocated: namely, it's just research!

Example #2: a federal registry of gun owners.  There are two arguments against this (that I've encountered). First, all of this information is already out there, although it is not organized on a federal level and exists differently in different states.  Here the paperwork for gun purchases is cited.  But of course, a gun purchase does not mean the owner will still have the original gun (guns are the kinds of things which are passed down through families, to take merely one example).  This is not a slippery slope argument.  

Second, a federal gun registry will assist gun confiscation.  Australia's confiscation of semi-automatics after its horrific Port Arthur massacre. Also cited, the Nazis (the usual suspects).  In brief, if we allow a federal gun registry, we will be violating the privacy of law abiding gun owners, and these violations are merely the stepping stone to greater violations (gun confiscations).

Example #3: the open carry movement.  Currently there is an open carry political movement, essentially trying to legalize OC across the country. The most visible proponents of this program are a bunch of fucking idiots in Texas (the Open Carry Texas "patriots") who invaded a Chiles not too long ago and then posted the video of their encounter online.  

If you consult the Gun Nuts Media blog, despite its humorous/scary title, you'll find there an interesting commentary on OC, based on the author's 30 day experiment doing OC.  His conclusions are valuable and compelling, regardless of your views.  But he is very critical of groups like OCT because he thinks they bring a lot of negative publicity to the movement.  His comments, however, frequently inspire umbrage among those who disagree with him and who---and here is my point, finally--think that critique is again effectively crypto-gun-control advocacy.  Thus, the slippery slope is from a refined commentary on OC to, being a shill for the gun control movement (and eventually, being for gun confiscation).

I will stop there, but as always welcome comments.  

I have another post on this issue coming up, which has to do with the relation between the gun rights movement and libertarianism and its concomitant suspicion of big government.  

*While I find these arguments somewhat compelling, I would still insist that guns are not a regulated as automobiles and pharmaceuticals, to take only two examples.  But one would need to invent a metric to measure this matter.

Monday, June 16, 2014

Imminent Public Threat: Open Carry Versus Public Safety, Part 1

Apparently as many as 45 states have now passed open carry legislation, which is remarkable.  That means that more states approve of individuals openly carrying weapons made for killing than there are that approve of same sex persons getting married (only 19 states).  Alas, the ridiculousness of open carry does not need comparison to be made apparent.

Why should Open Carry (or OC, as its apologists like to put it) be promoted? What are the reasons for it?

1) The Second Amendment protects the rights to keep and bear arms. This is the elephant in the room.  Not only does the 2ndA allow for this, but there is considerable state legislation protecting these rights.

So just to be clear, this is a pretty considerable argument for the gun promoters. 

But that does not mean it is a clear and unquestionable amendment. In fact, it is apparently so questionable that numerous states have had to pass legislation to clarify and specify this amendment. And more to the point, 45 states have deemed it necessary to specifically protect OC rights, as I said above.  

Just to be clear then, there is nothing in the 2ndA as legislation that specifically protects OC, such that further legislation was not necessary.

So that is considerable legislative basis, but how does it fare in the court of reason?  By this what I mean is that we need to separate different kinds of reasons.  The former is a reason based on conventional law.  But those things change continually and really only reflect the powers of legislative forces.  They do not reflect simple rational reflection.

2) Carrying a weapon openly allows one to protect oneself in public places.  

But why must she carry openly to protect herself.  In fact, her advantage in carrying openly is frightening potential criminals away, right?

Perhaps, imagining that all criminals carefully select the most vulnerable unarmed individuals.  But that right comes at the cost of the right to security of others who also occupy public spaces.  It is not merely that someone is carrying at home, but OC specifically protects someone's right to carry in a public place.  

So what we have here then is a case in which the right of one individual needs to be weighed against the rights of other individuals. 

If I met this asshole on the street in Florida, I'd have
to run, because he can get away with murder (if I
was black and wearing a hoodie). 
Both the OCer and the NCer (non-carrier) are protected by the police from criminals, some fictional third party that is somehow excluded from these categories.  But the NCer also needs to be protected from the OCer as well.  The reason for this is that the OCer is carrying a weapon that has no purpose but to kill, and the NCer has no way to know that the OCer has been trained and licensed (no one has to show their carry license to anyone other than a police officer).

Thus, just as an NCer doesn't walk in a highway, for the sake of safety, no NCer should remain in a space where there is an OCer (which might well be called the George Zimmerman rule).  

Conclusion: the OCer has perhaps made herself safer (or merely given herself the false sense of security, since there are numerous examples of "good guys with guns" not able to protect themselves from "bad guys with guns"), but she has forced any reasonable NCer to leave and insodoing, restricted the First Amendment rights of NCers and even other OCers. 

In fact, one could see the OCer as an example of the violation of prior restraint (this connection brought to you by responsible gun celebrist Walter Sobjchek).

This is only part 1.  I'll consider more in another post.

Sunday, June 15, 2014

The Second Amendment is not colorblind, or, the NRA is not only a terrorist organization, it's racist

What if all of these white male gun owners advocated second amendment rights for African Americans as well?  But of course, when they say they need protection, it's because they think they need protection from blacks.



Of course, an amendment to the constitution which treats certain citizens differently from others, seems ... unconstitutional ... no?

If you're an apologist for the second Amendment, then you are an apologist for racism.

Wednesday, June 11, 2014

Do I think the Second Amendment will be abolished anytime soon?

As others have recently pointed out, it is hard to imagine what scope of tragedy would foment actual legislation enacting even the reasonable federal gun regulation (for example, national licensing). 

Moreover, if you actually believe that Obama believes that he can enact serious gun control, or for that matter even wants to, like Alex Jones, then there is no other way to say this, but you need to seek mental health care immediately.

I do not think that the Second Amendment will be abolished anytime soon.  But I think this is the only reasonable answer to this one problem facing our nation today.  Gun violence cannot be ended without abolishing the Second Amendment.