Soo much misinformation in this entire thread - where to begin??
I’ll start with Sak’s comment. Americans most certainly have a tradition of respecting the second amendment, and it is highly likely that tradition has been passed down through the generations. Outside of the apparent “problem” that this creates (which I don’t buy into) so what? A traditional respect for the 2nd amendment doesn’t say anything about the text of the amendment, or, more importantly, how it should be interpreted.
So let’s go to the text. The 2nd amendment reads: “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.”
Interestingly, it took over two centuries for the US Supreme Court to actually decide the age-old question of whether the second amendment protects an “individual right” to bear arms, or whether the amendment only protected militias to organize and arm themselves. You can see the obvious implications: choose the latter, and you essentially gut the 2nd amendment from the constitution, as no one would argue that there are significant militias alive and well in this country. They died off centuries ago. But adopt the former rationale, and you have a constitutional right to own a handgun that is every bit as valid as our sacred right of free speech anchored in the first amendment.
Now I’m a bit of a constitutional law nerd, but I won’t bore you with the details. In short, Justice Scalia’s heroic opinion (joined by four other justies) in D.C. v. Heller held that the second amendment protects an individual right to bear arms according to the original public meaning of amendment at the time it was enacted. (As an aside, originalism is the ONLY proper method of constitutional interpretation. Scalia was on his A-game in this case.)
I’ll quote his final paragraph, because it is so eloquently written:
We are aware of the handgun violence in this country, and we take seriously the concerns raised by many amici who believe that prohibition of handgun ownership is a solution. The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns. But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.
The whole opinion is here (including the various dissents): http://www.law.cornell.edu/supct/html/07-290.ZO.html
My point is that it while it may be fun to lodge rhetorical attacks about a nation full of morons armed with guns (a premise to which I do not subscribe), that is still a discussion far ahead of itself.
The bottom line is that we have a Constitution, and in that Constitution are rights guaranteed to all Americans, ranging from free speech, lawful gun ownership, the right not to incriminate yourself, the right to trial by jury, and the right to be free from warrantless searches and seizures, inter alia.
THAT is the starting point for any debates. It is a GIVEN that the Second Amendment protects an individual’s right to lawful gun ownership. From that point, you can start arguing policy and propose certain laws and regulations that would supposedly cut down on unnecessary gun violence. But keep in mind that those very policy proposals are nonetheless subject to the Second Amendment. Just as in restrictions on free speech, a proposal to limit a 2nd amendment right in some way will be subject to the “strict scrutiny” test (see http://en.wikipedia.org/wiki/Strict_scrutiny) when challenged in court. And as proposed limits on free speech nearly always fail strict scrutiny under the 1st Amendment, expect the same for the 2d Amendment.
Wow, this has gone on longer than I expected. But I’ll follow up with more thoughts on the actual statistics of gun violence. Hopefully soon.
Anyway, just wanted to make sure the debate is framed in the proper context. I quite like my Constitution - well, at least the parts that haven’t been ripped to shreds yet by certain loathsome justices over the past 85 years. But I digress . . .