A Well Regulated Militia Being Necessary to the Security of a Free State

We don’t need to know anything about any shooter’s motivations to start making the United States a safer place.

The U.S. is the outlier. No other country has gun violence like we do. No other country has the gun culture that we do. Those two things together are the root of the problem.

The History of the Second Amendment

The founding fathers were concise. The Second Amendment contains only 27 words and all of them are meaningful. The first 13 are critical and modify everything that follows ("A well regulated Militia, being necessary to the security of a free State, [...]").

  1. The founders were worried about a federal army being deployed against the states and wanted well-regulated (i.e., well-trained) state militias to be available to prevent that.
  2. State militias were used to enforce slave laws (track down and return escaped slaves to their owners) and the southern states were concerned that the federal authorities wouldn’t help if there was a slave rebellion similar to the one that had been brewing for years in Haiti.
  3. The idea that the Second Amendment implies an individual right only goes back to 2008 and the Supreme Court's Heller decision. The framers used the word “people” when referring to the collective and the word “person” when referring to an individual (compare & contrast the wording in sections 2 and 3 of the constitution with the Second Amendment). If you are concerned about a tyrannical federal government, then you should petition your state legislature to create a state-run militia, thereby returning to the second amendment's original intent.

The Context

Gun violence in America is epidemic. We are the only country in which gun violence is rampant, yet claim that nothing can be done.

  • The United States has 18 times the firearm homicide rate than the average for other developed countries. (US vs World Gun Culture)
  • The U.S. has more mass shootings per year than all other developed countries combined. (US Mass Shootings vs The World)
  • The US has substantially higher gun-related homicide and suicide rates than all other OECD countries. (Gun Deaths: US vs OECD Countries)
  • More American civilians have been killed by gun violence in America since 1968 (1.53 million from 1968-2015 according to the CDC) than all American military members in all wars since the beginning of the country (1.2 million from 1775 - 2017 according to the US Department of Veterans Affairs).

Solutions

So, what’s next? Some ideas follow.

There are numerous proposals to limit which firearms should be legal for civilian use and don't see a need to repeat them here.

We must create a system to ensure that law abiding citizens that are not a danger to themselves or others can still posses firearms. I propose the following:

  1. Firearm Registration. All firearms must have serial numbers and must be registered.
  2. Firearm License. In order to own/posses one or more firearms, one must periodically pass firearm safety training to obtain and maintain your license to own a gun. The current gun safety training is reasonable and includes a written test and a practical field test where you demonstrate, with a real firearm, that you can handle a firearm safely. Changes from today - required for everyone; no grandfather clause (people born before December 31, 1979 are not exempt). Also, periodic re-testing, say every 5 years. If you fail the test, you do not get a license to own a firearm. If you fail a re-test, your license is rescinded.
  3. Firearm Insurance. In order to own or possess on or more firearms, one must have firearm insurance. No insurance, no firearms. Let the Property/Casualty insurance market price policies based on market conditions, firearm type, and their risk algorithms. Just like with cars, if you loan your gun to someone and they do something stupid, your insurance pays and potentially you may be held responsible.
  4. Background Checks. Full background checks are required for all firearm purchases. No exceptions. Purchaser must have valid firearm license and insurance in addition to passing the background check, in order to purchase any firearm. Seller can be charged with a crime if the background check is not performed or failed background check results are disregarded. In cases where the background check is not performed or background check fails, the seller may also be held liable if the purchaser uses the gun to commit crimes.
  5. Points System. Much like drivers licenses, you accumulate points for various infractions. Accumulate too many points and you lose your license and therefore your guns. Accumulated points also feed back into the insurance and background check systems which may impact your insurance rates and ability to buy additional firearms.
  6. Red flag laws continue, are updated to address gaps as they are identified, and feedback into the license, insurance, and points systems.

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