With all this talk about more laws to control people's access to firearms and related equipment, there are a lot falsehoods, propaganda, and downright lies being said repeatedly by those in favor of disarming the American people. I think it's time to set things straight so I'll just take a swing at a few of them.
"The Constitution of the United States - ," or sometimes more specifically, "The Second Amendment - allows for reasonable restrictions on the people's right to keep and bears arms."
Let's have a look at the Second Amendment to the Constitution of the United States, shall we.
"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."
Infringe - actively break the terms of a law or agreement; act so as to limit or undermine something; encroach New Oxford American English Dictionary, Oxford University Press
Neither the U.S. Constitution, nor the Second Amendment to that Constitution, allows for "reasonable restrictions" since any form of government-imposed restriction,
reasonable or otherwise, would be an infringement on the people's right to keep and bear arms. So from where does this fallacy come? The Supreme Court, of course.
As I've
pointed out before, the Supreme Court has usurped for itself the power to determine the Constitutionality of any actions by the governments of these united States, or the people contained within the boundaries thereof. It is the Supreme Court that allows for "reasonable restrictions" on many rights supposedly protected by the section of the Constitution known as the "Bill of Rights." The main purpose of the Supreme Court has been to increase the power of the government and reduce the freedom of the American people.
"The right to own guns only applies to the militias and the modern day equivalent is the National Guard."
Though the word "militia" is mentioned in the Second Amendment, it is in that portion that is more of a declarative statement of fact - a militia (a group of citizens working together and armed with private weapons) is necessary to secure a nation that is free and not under tyrannical rule. The portion that references the specific right and sets forth the limitation on the governments of the U.S. from interfering with it, says "the right of the people" and not that only of the several states, the citizens, or militia members. It is open to everyone, regardless of their employment, or non-employment, status with the government.
Secondly, calling the National Guard a "militia" is a mere
legal designation by federal law and the Guard is a professional military force directed by the President of the United States under the auspices of his position as "Commander-in-Chief" of the U.S. armed forces. It is not to be understood as a militia in the traditional sense of that term since it no longer involves the common man as much as it employs professional soldiers hired as such for service to the government.
"Federal law is the supreme law of the land and trumps any State law meant to impede it."
This argument is usually brought forward when the governments of the several States propose laws to prevent the Federal government from enforcing one of its laws within the jurisdiction of the State. The "supreme law of the land" in the United States is the Constitution and not just Federal law. If one or more of the States passes a law that is Constitutional, yet interferes with a law passed by the Federal government that is also Constitutional (which is very rare) then the States usually cede power to the Federal government because who doesn't like letting someone else do the heavy lifting. The Federal government does, after all, have greater resources and covers a larger area.
But, if the Federal government passes an un-Constitutional law and tries to enforce, or inflict, it upon the American people, then it is the duty of the States, as the creators of the Federal government, to reign in the agents of tyranny and stop them from oppressing the citizens of that State. Most of the States are rather weak in their opposition to these grievous actions of the Federal government and propose punishing errant officials with just misdemeanors instead of the capital felonies they should be charged with.
"When the Second Amendment was written, it only applied to muzzle-loaded flintlocks and can't possibly have been meant to apply to modern firearms."
First, the word used is "Arms" and that includes all forms of weapons - knives, swords, clubs, spears, bows, and, of course, firearms - at whatever degree of technology the bearer wishes to own. Secondly, the writers of the "Bill of Rights" were well aware of improvements in technology for weapons and, for that matter, the conveniences of modern living within their own lifetimes and they could most assuredly believe there would be more in the future beyond their own time. The one thing they knew that would probably change very little would be Human Nature and therefore the people should always be prepared to protect themselves from criminals and tyrants.
Thirdly, and on those rare occasions when they actually get something right, the Justices of the Supreme Court have been able to apply the time-honored libertarian principles of the Constitution and the Bill of Rights to other modern inventions like the telephone, television, and the Internet. The right to a Free Press is not just limited to printed materials like newspapers or magazines, nor is the right to Free Speech limited to only public speaking engagements. It is interesting that those who call the Constitution a "Living Document" that changes with the times should insist that it be stuck in the past when it comes to the right to live free in our present day.
"There are industrialized nations that have stricter gun laws than the U.S. and they have less violent crime than the U.S."
The worst part of this piece of propaganda is that it is basically correct but not necessarily the whole truth. Yes, there are other countries that have more restrictive laws than the U.S. and they have less crime. But, and this is a big "but," there are countries with less rest
rictive laws than the U.S. and they have less crime than the U.S., too. As
Dr. John R. Lott, Jr., PhD. points out in his book,
"More Guns, Less Crime," crime rates boil down to being more about demographics rather than about laws prohibiting private gun ownership.
Japan is one of those countries that many like to present as an example of a modern disarmed and polite society. Japan has laws that heavily regulate firearms in the hands of private citizens and Japan has a lower violent crime rate than the U.S. Unmentioned is the fact that Japan has a very racially homogenous society with a population that consists of about 95% of people that would consider themselves, "Native Japanese."
Statisticians can carve up the U.S. for comparative analysis with other countries and when they find a piece that has the same ratio of different racial and ethnic groups within the local population as Japan has, they find these pieces have the same, if not lower, crime rate regardless of how less restrictive the local gun laws are. If these folks look at a piece of America that has gun laws similar to Japan, but with a more diverse population that has no clear dominant racial or ethnic majority, then they find the crime rates are much higher than Japan. It seems that it is the prevalence of people in a society, and not guns, that causes a higher crime rate.
When one cannot win an argument by the truth, then those with lower morals usually resort to lies. The beauty of this is that they can be defeated, hopefully, by the spreading of the truth. The truth will not set you free, but it will give you a better idea of who is trying to enslave you, and to be forewarned is to be forearmed...