Healthy Guns

A.D. Freudenheim, The Editor

In September, a Federal court in New Mexico ruled that the police search of a man carrying an unconcealed (holstered) gun into a movie theater was illegal, a violation of his Fourth Amendment rights under the Constitution. The police search was apparently predicated on a call by the owner of the theater, after seeing the man enter; the police searched and then released him, though they made him leave his gun in his car.

I heard about this case through a posting on Reason’s blog (here), which also quoted a news item in the Wisconsin Gun Rights Examiner (here) that said: “The court also found that merely being armed does not automatically make a person armed and dangerous, which would be necessary to justify a limited protective search (Terry stop) that justify officers disarming an individual.”

A few weeks after I saw that item, there was a big story in the New York Times (here) about a young boy—a first-grader—who was suing to overturn his suspension from school for having brought his Boy Scout-approved camping utensil (combination fork, spoon, and knife) to school. The boy violated a school district rule that prohibits dangerous weapons, for which the knife portion of the tool apparently qualifies.

In the latter case, the school administrator in the case had been steadfast in saying he is only applying the rules, equally and without discrimination. In the former case, the man in New Mexico was free to carry his gun because there is no state law prohibiting the carrying of an unconcealed firearm nor, it seems, did this particular theater have its own sign prohibiting guns.

Then there are the people who brought guns to various events with President Barack Obama over the summer, from handguns to assault weapons. Also armed but presumed not dangerous, despite the fact that their very appearance at Obama’s rallies was anger-induced. Of course, what might be anger-inducing here is the heavy irony of the Obama administration permitting gun-toting protesters … following eight years of a Bush administration that sought to squash and make invisible all protesting. Never mind the inconceivability of the Bush-era Secret Service ever having allowed gun-toting citizens within a mile of a rally for the president or his vice president!

And here is where it once again all converges for me: as a nation and a society we have completely failed to sort through and address what you might call “first principles” on the issue of whether anyone can be legally “armed,” and if so, with what weapons and for what purpose.

Yes, we have the Second Amendment to the United States Constitution, adopted in 1789, and which proposes to give citizens the rights to “bear arms.” Even accepting the traditional, NRA-style interpretation of that Amendment, we must acknowledge that it dates to 1789. And we must therefore remind ourselves of the many other elements of the Constitution that have changed or been reinterpreted in the two centuries since, to adapt to new situations and understandings, as the world has changed. The idea that the Second Amendment is sacrosanct, untouchable, and not open to (re)interpretation is absurd.

While people are (in some states) allowed to bring their guns wherever they go, without significant oversight, weapons training, or lessons in good citizenship … other states, and often the same ones, have absurdist rules religiously obeyed that would suspend a kid from school for an “offense” that is itself so offensive as to be lacking in logic. He’s a 6 year old: why not have the teacher take the pen knife away for a day and give it back to him when he goes home? Heck, it is probably a lot easier to disarm a 6 year old than it is an adult with a strong psycho-emotional attachment to his hip-holstered Glock.

All of these things just remind me of the grander failure of our political and legal structures in the face of broad societal changes. At every level, our politicians—our new, Messianic president included—are too much in the thrall of people whose bought-and-paid-for views take precedence over a more fundamental understanding of the value of their citizenship, or the needs and rights of the rest of us, as individuals and members of different communities.

Back in March, I wrote about another tragic gun violence situation as representative of the degree to which our society’s approach to this and related problems is out of whack. The premise, and the problem, remains the same: our police and other law enforcement officers can only address the symptoms of such illnesses. They do not have the right to address the underlying causes. That responsibility belongs to us, the citizenry.

What we need is, in effect, another Constitutional convention. We need an opportunity to evaluate and address some of the broad thematic changes in our society over the last few centuries, and then develop a new set of principles—carefully evolved from our current Constitution—that help shape the direction of this country for another 220 years. From guns to nationwide healthcare to “net neutrality,” our communities and our country look radically different than they did several centuries ago. Attempting to “fix” many of our problems without first agreeing to the principles that should guide us will, instead, only lead us further astray. Don’t believe me? Just ask yourself whether you think a “public option” in health insurance is a good idea or not, then check with your neighbor, and then read the news.

We are boxed in, trapped, for a cage match we didn’t anticipate or ask for—and a good portion of the population will be coming to this fight armed and, quite possibly, dangerous. Be sure to bring your combination camping utensil.