Lifting gun ban a danger to all Sandi's Logic By Sandi Van Orden Published: Thursday, September 16, 2004 Article Tools: Page 1 of 1
The ban on assault weapons expired Monday. While there are groups that speak on both sides of the former law's effectiveness, we must ask ourselves if it is smart to let people purchase these firearms.
The National Rifle Association considers the lift of the ban a triumph for law-abiding citizens who will use them for various reasons including hunting and in self-defense, according to the NRA's Web site.
Is it necessary to hunt an animal with no defenses with an assault rifle, and for that matter are these weapons what we need in a home with children?
It isn't. For the past decade people have still been able to hunt using shotguns. Others have possessed handguns and shotguns for defense of their homes.
Having an assault weapon in a home doesn't make the occupants safer.
These weapons have a specific purpose, and it is not one that civilians should undertake.
"Assault weapons are well designed to perform the military function of killing large numbers of people," according to a report by the Legal Community Against Violence.
In a commentary by John R. Lott Jr. in The Los Angeles Times, Lott says that these weapons have a different function.
"Weapons covered by the ban function the same as any semiautomatic hunting rifle," Lott said in his commentary published Sept. 10.
He continues to say that these firearms have the same effect as shotguns.
There is too much conflicting information to know what the results of the ban were, but for the last 10 years no one could walk into a store and purchase them.
If nothing else, that should have made Americans sleep a little easier.
The NRA says on their Web site that criminals will not be able to legally purchase these weapons.
That is true, a convicted criminal won't, but what if a criminal who has not been caught in a crime purchases one legally? Then the demise of this law has made life easier for that person.
Should Americans be able to possess firearms?
Yes, if they are law-abiding citizens. But that doesn't mean that anyone should own an assault rifle.
A gun owner with proper training on how to use his firearm can do just as much damage to a deer or a burglar with a shotgun or handgun as he can an assault rifle.
The average citizen doesn't need a semi-automatic rifle for any reason, but now just about anyone can own one.
Sandi Van Orden is a junior journalism major and can be reached at [email protected].
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Dear Sandi,
I read your article on "assault weapons" and the 1994 Violent Crime Bill, which recently sunsetted. You mentioned "hunting" 5 times in your article. Yet, the word "hunting" is not found in the 2nd amendment once.
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.
You do mention self defense, which is the intended purpose of the 2nd amendment. That is better than many journalists, so I give you credit for recognizing that aspect of firearms use by citizens.
What your article lacks is one reference to what has changed since the legislation sunsetted. What has changed is that bayonet lugs, flash suppressors, and a collapsible stock, are now legal to be present on rifles manufactured after 1994. Please think about how any of these 3 items will make a rifle more dangerous. Bayonet lugs mean that knives can be attached to a rifle. Are you suggesting guns will be more dangerous with a knife than they are with bullets? Flash suppressors are designed to help consume the gas that causes an enormous fireball/flame and eliminate that flash from the shooters sight when shooting at night, with the intention of helping him reduce night blindness. It does not allow the shooter to remain hidden from sight, with no muzzle blast, as is often reported. And what do collapsible stock accomplish? Make the gun more comfortable to shoot for different people? The overall length requirement has not changed for rifles. It remains 26" (although there are various state laws that make it longer. Michigan is one example) A 26" rifle is far from concealable. Try it. Put a 26" piece of wood under a coat. You can get it under your coat, but not very easily, nor inconspicuously. The point of all of this is that the ban was nothing more than cosmetic. Yet, the reason we supporters of the 2nd amendment were so adamantly opposed was, we know it would not be the last restriction of our rights, if anti-gun legislators got their way. There are plenty of legislators who wish for an outright ban of firearms in the United States. One need only look to Canada, The U.K., and Australia, and to some extent California and Massachusetts and New York City and Washington DC to see almost total gun bans already in effect. Diane Feinstein, the primary supporter of renewing the 1994 Crime bill is quoted as saying if she could ban all guns, she would. This is just a first step.
One common misconception regarding the sunsetting of the ban is that machine guns will suddenly be legal. They are, but they always have been. But machine guns are very heavily regulated by the ATF, since passage of the National Firearms Act of 1934. You must go through a 6 month application process and background check by the FBI before you are permitted to purchase one. They are also extraordinarily expensive. It is highly unlikely anyone that is criminally inclined would subject themselves to such a process. And more importantly, since it is highly unlikely, it is wrong to try stop so many other law abiding Americans from engaging in an activity because of the actions of a few criminals. Look at cars, personal watercraft, priests, chain saws, hammers, carving knives, etc.. If we applied the same logic, we would ban all of the above. All can be used in a criminal way to kill someone, or damage someone, yet they are permitted to exist, because they do far more good than harm. In the case of firearms, the same case can be made, and to top it off, they are protected by the Constitution, something that is not true for any of the other items.
Back to the 2nd amendment for a second...
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.
This article is taken from Outdoorsbest.com and explains why the 2nd amendment refers to all people, not just militias. This is why those of us who support gun rights, and the 2nd amendment, are so adamant about fighting gun restrictions in this country. There are plenty of articles available to show that as more and more guns enter society, crime rates decrease. Crime rates have been decreasing for 10 years, according to gov't stats, as concealed carry legislation has been passed 46 states to date. But that's another "letter to the editor" Look into it, if you are interested.
RIGHT OF THE PEOPLE
Anti-gun writers cite my article (83 Michigan Law Review, pp. 204-273) as the definitive standard-model treatment. Yet, remarkably, these anti-gun writers give only that one initial mention. If they have answers to the 50 pages of evidence I offer for the standard model, they neglect to offer them. So I shall limit myself to just two examples of my unrefuted evidence.
Written by James Madison, the Bill of Rights was enacted as a single document. Whenever it says "right of the people," it does so to describe individual rights. To ignore this point you must think that in the First Amendment Madison used "right of the people" to describe an individual right. But then, 16 words later, he used it in the Second Amendment meaning a state's right. But then, 46 words later, the Fourth Amendment says "right of the people" meaning an individual right again. And then "right of the people" was used in the Ninth Amendment to mean--guess what--a right of the people.
In fact, throughout the Bill of Rights and the Constitution the word "right" is always used to refer to something individuals have and never used to refer to powers possessed by government. Such powers are always called "power" or "authority."
Respectfully,