It’s “thoughts and prayers” time again in America. The promise of long life denied to the most vulnerable among us. Parental widows wallowing in the streets. Two rabidly partisan sides unwilling to compromise on simple and broadly-favored reforms.
If there is anything to be said about gun violence in America, it is not that there is a simple solution.
We are living in the aftermath of D.C. v. Heller, in which Antonin Scalia, writing for a divided Supreme Court, announced that the right to keep and bear arms is a personal right — unconnected to service in a “well-regulated militia.”
Scholars can agree or disagree. But what’s clear in Heller is that the right to own a gun is more limited than some might realize — the right inures only to those “peaceable citizens” who were not traditionally prohibited from owning guns.
For this reason, felons are out. Domestic abusers are out. Mentally ill people are out (so long as they pose a risk of harm to themselves or others).
There exists an entire area of potential legislation that could survive constitutional scrutiny, yet we somehow seem reluctant to pursue it: red flags laws.
“Red flag laws” allow teachers, friends, law enforcement, parents, or other family members to obtain an ex parte emergency order allowing a person’s guns to be temporarily seized if that person poses a risk to himself or others.
In virtually every case challenging the constitutionality of such measures, the laws were upheld.
We live in a country where there are more guns than people (or at least, pretty dang close). In the absence of repealing the Second Amendment — something that surely will not happen any time soon — our only hope is to pass legislation within the existing constitutional and factual framework that we find ourselves in.
Until then, there is no “one” solution to mass shootings. As any security expert would tell you, defense in depth is what is needed.
Make it harder for “non-peaceable” citizens to acquire guns, such as through universal background checks and red flag laws. Empower law enforcement by increasing funding for school resource officers or other armed security. Continue to train teachers and students on lock down procedures.
But bans on “guns we don’t like,” i.e., “assault weapons” won’t work. Because a dedicated attacker can and will use whatever firearm is at his disposal to perpetrate horror.
Screeching calls that the “libs want to take all your guns” at the slightest hint of legislation makes it harder to pass meaningful and popular reforms.
What we need now is real solutions, not partisan drivel — unless we’ve truly reached the stage where children being massacred does not matter for more than one or two news cycles. Perhaps, we’ve been there for a long time. In which case, I fear it’s already too late.
the irked moderate 