The Second Amendment of the United States Constitution states: 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. —
Following the tragic shooting in Orlando that occurred two weeks ago, the question of appropriate gun control measures in modern society has returned to prominence in news coverage.
Among the first 10 Amendments comprising the Bill of Rights, the Second Amendment stands out as particularly antiquated in both its language and underlying purpose. The amendment’s wording creates an apparent contradiction: it mentions “well-regulated,” suggesting governmental authority to establish rules, yet concludes with “shall not be infringed,” implying an absence of governmental restrictions.
What the militia concept meant in the late 18th century bears little resemblance to modern circumstances. The historical context included farmers abandoning their fields to serve as temporary soldiers, hastily assembled posses pursuing criminals, and isolated settlers defending against hostile forces. That world no longer exists, yet some continue to invoke this obsolete framework when discussing 21st-century America.
The U.S. Supreme Court addressed some of this ambiguity only a few years ago when a majority determined that individual citizens, not solely government-organized militias, possess the right to bear arms. Significantly, this same majority recognized that local, state, and federal governments retain authority to regulate this right. Like all American rights—including freedom of speech—the right to bear arms is not absolute.
The National Rifle Association and its allies oppose any gun regulation or registration, contending that minimal restrictions inevitably lead toward confiscatory laws. Yet this absolutist stance, while politically convenient for the NRA, contradicts how American governance actually functions. Henry Clay captured this reality: “fblikebutton_button” Politics is the art of compromise. “fblikebutton_button” Our system of government depends on compromise; the Founders deliberately created checks and balances requiring it among the three branches.
No single gun law will eliminate all shootings, which number in the tens of thousands annually and kill and injure Americans at epidemic levels. Despite recent focus on ISIS-inspired terrorism, more Americans die and suffer injury from gun violence perpetrated by fellow citizens every few days than have been killed by terrorists over the past 15 years combined. We have met the enemy, and it is us.
Senator Ed Markey and others have put forward sensible gun regulations that preserve Second Amendment rights for law-abiding citizens while substantially decreasing the daily carnage across the nation. Our lawmakers must commit to enacting the necessary legislation that will protect America from those motivated by hatred and criminal purpose.