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The Second Amendment: A Symbol of Freedom or An Invitation to Violence?

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"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." -- The Second Amendment to the US Constitution

You can largely determine where a person will fall in the debate over gun control and the Second Amendment based on their view of government and the role it should play in our lives.

Those who want to see government as a benevolent parent looking out for our best interests tend to interpret the Second Amendment's "militia" reference as applying only to the military.

To those who see the government as inherently corrupt, the Second Amendment is a means of ensuring that the populace will always have a way of defending themselves against threats to their freedoms.

And then there are those who view the government as neither good nor evil, but merely a powerful entity that, as Thomas Jefferson recognized, must be bound "down from mischief by the chains of the Constitution." To this group, the right to bear arms is no different from any other right enshrined in the Constitution, to be safeguarded, exercised prudently and maintained.

From http://www.flickr.com/photos/74564194@N00/10732801656/: Declaration of Independence, with Firearm
Declaration of Independence, with Firearm
(Image by KAZVorpal)
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Unfortunately, as I document in my book A Government of Wolves: The Emerging American Police State, while these three divergent viewpoints continue to jockey for supremacy, the U.S. government has adopted a "do what I say, not what I do" mindset when it comes to Americans' rights overall. Nowhere is this double standard more evident than in the government's attempts to arm itself to the teeth, all the while viewing as suspect anyone who dares to legally own a gun, let alone use one.

Indeed, while it still technically remains legal to own  a firearm in America, possessing one can now get you pulled over, searched, arrested, subjected to all manner of surveillance, treated as a suspect without ever having committed a crime, shot at and killed. (This same rule does not apply to law enforcement officials, however, who are armed to the hilt and rarely given more than a slap on the wrists for using their weapons against unarmed individuals.)

Just recently, for example, the U.S. Supreme Court refused to hear the case of a Texas man whose home was subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. Making matters worse, police panicked and opened fire through a solid wood door on the homeowner, who had already gone to bed.

Earlier in the year, a Florida man traveling through Maryland with his wife and kids was stopped by a police officer and interrogated about the whereabouts of his registered handgun. Despite the man's insistence that the handgun had been left at home, the officer spent nearly two hours searching through the couple's car, patting them down along with their children, and having them sit in the back of a patrol car. No weapon was found.

In 2011, a 25-year-old Philadelphia man was confronted by police, verbally threatened and arrested for carrying a gun in public, which is legal within the city. When Mark Fiorino attempted to explain his rights under the law to police, police ordered him to get on his knees or else "I am gonna shoot ya." Fiorino was later released without charges.

A provision in a Washington State bill would have authorized police to search and inspect gun owners' homes yearly. Connecticut has adopted a law banning the sale of large-capacity magazines and assault weapons. And a bill moving through the New Jersey legislature would reduce the number of bullets an ammunition magazine could hold from 15 to 10.

Under a proposal by the Department of Health and Human Services, anyone seeking mental health treatment--no matter how benign--could find themselves entered into the FBI's criminal background check system and have their Second Amendment rights in jeopardy. They would join the ranks of some 175,000 veterans who have been barred from possessing firearms based solely on the fact that they received psychiatric treatment through the Department of Veterans Affairs.

Meanwhile, the government's efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration placing orders for hundreds of millions of rounds of hollow point bullets. Moreover, under the auspices of a military "recycling" program, which allows local police agencies to acquire military-grade weaponry and equipment, $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these "gifts" are tank-like 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

Ironically, while the Obama administration continues its efforts to "pass the broadest gun control legislation in a generation," which would include bans on military-style assault weapons, high-capacity magazines and armor-piercing bullets, expanded background checks, and tougher gun-trafficking laws, the U.S. military boasts some weapons the rest of the world doesn't have. Included in its arsenal are armed, surveillance Reaper drones capable of reading a license plate from over two miles away; an AA12 Atchisson Assault Shotgun that can shoot five 12-gauge shells per second and "can fire up to 9,000 rounds without being cleaned or jamming"; an ADAPTIV invisibility cloak that can make a tank disappear or seemingly reshape it to look like a car; a PHASR rifle capable of blinding and disorienting anyone caught in its sights; a Taser shockwave that can electrocute a crowd of people at the touch of a button; an XM2010 enhanced sniper rifle with built-in sound and flash suppressors that can hit a man-sized target nine out of ten times from over a third of a mile away; and an XM25 "Punisher" grenade launcher that can be programmed to accurately shoot grenades at a target up to 500 meters away.

Talk about a double standard. The government's arsenal of weapons makes the average American's handgun look like a Tinker Toy.

It's no laughing matter, and yet the joke is on us. "We the people" have been so focused on debating who or what is responsible for gun violence--the guns, the gun owners, or our violent culture--and whether the Second Amendment "allows" us to own guns that we've overlooked the most important and most consistent theme throughout the Constitution: the fact that it is not merely an enumeration of our  rights but was intended to be a clear shackle on the government's powers.

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John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's aggressive, pioneering approach to civil liberties has earned him numerous accolades and (more...)
 

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