Let’s Ask WHY, not WHAT

 Guns and their regulation are once again at the forefront.  Instead of the same old, tried and tired arguments, I would like to see us think more deeply about the problem.  Let’s remember that guns are the instrument, not the instigator of violent acts.  We know what guns are.  It is time that we take a deeper dive into the problem and ask not What, but Why are so many picking up this instrument and using it to commit violent acts.

The following addresses some of the concepts surrounding gun regulation issues, but ultimately moves beyond them to consider the Why of the problem, rather than the What.

Where are the voices of compassion on days there is no mass shooting?

The Democrats, in trouble at the mid-terms, must be delighted that the recent mass shootings have given them a new and compelling talking point as they provide a soap box for their anti-gun mantra:  children are killed and we care, let’s eliminate the weapon that killed them, then all will be fine.  Sounds good until one explores the facts and stops to think for a moment.

Mass shootings make the news.   But while such events kill several individuals at once, they are only a small percent of all the killings that occur daily in this country.  Think about Chicago.  Children are shot and killed every weekend.  According to CBS, in 2021 at least 275 children 16 and under were shot, 43 of them younger than 13.   

It is not only Chicago though.  Cities all across America have seen increases in violence, with and without guns.  Every day of the year there are children caught in the crossfire or otherwise injured and killed by strangers, by other children, by their own parents.  Daily.

We should all be upset by the school shootings and the other mass killing events, but if that sorrow and outrage does not carry over to the individual and far more frequent events, then one must wonder about the sincerity of the mass-shooting outrage.

Restrictions on Gun Ownership and the Constitution

The right to bear arms is a right explicitly set forth in the Constitution.  It appears in the Bill of Rights, along with other core rights such as free speech, freedom to worship, right of assembly, etc.  The purpose of the Bill of Rights was to protect citizenry from overreach of the federal government.

At the time of our country’s founding, many believed, in part based on their experience, that “governments are prone to use soldiers to oppress the people.” (The National Constitution Center, constitutioncenter.org) The proposed new Constitution gave the federal government almost total authority over the army and militia. This concerned many, along with anti-federalist concerns that the people and their rights should be protected from the federal government.  Such concerns led to the Bill of Rights – the first 10 amendments to the Constitution.

While “the Second Amendment conceded nothing to the Anti-Federalists’ desire to sharply curtail the military power of the federal government,” it was “easily accepted because of widespread agreement that the federal government should not have the power to infringe the right of the people to keep and bear arms, any more than it should have the power to abridge the freedom of speech or prohibit the free exercise of religion.” (constitutioncenter.org)

Compelling governmental interest may allow some regulation or limitation of basic freedoms expressly stated in the Constitution.  A governmental interest is compelling if it is essential and necessary rather than simply a matter of choice, preference, or discretion.  The proposed limitation on fundamental rights must undergo strict scrutiny to show that that limitation is indispensable to achieving the compelling interest.  The government must prove that it cannot achieve its purpose through any other less infringing means.

Moreover, any such regulation must be narrowly focused on a specific harm; the infringement can be no broader than is absolutely essential to achieving the compelling interest.  The government cannot generally prohibit guns any more than it can generally prohibit expression of religion or speech. 

Even the temporary assault weapon ban signed under President Clinton did not ban those weapons from everyone but only sale of certain types of such weapons for the limited period of the ban and with a number of exceptions allowed.  No matter how much we may believe that certain types of weapons should belong only to military and law enforcement, there is likely no compelling governmental interest that, under strict scrutiny, would allow the government to absolutely deny the right to bear such a gun to all citizens.

The problem is, if one thinks today that such broad limitations are acceptable, then that becomes precedent for similar broad limitations on other core freedoms including the freedom to speak, to worship, to assemble.   Thus, if you can ban a type of gun from everyone, it follows, for example, that you can ban a particular type of worship from everyone.  Don’t like what the Lutheran church is preaching – just ban worship there, following a precedent of banning certain guns from everyone.  This is not what our Constitution intended or allows.  (Personally, I hate guns, but I love the Constitution and our freedom more.)

What about licensing?

We often hear the comment:  we register and license cars and drivers, so why not do the same for guns?  First, we must note that this analogy is misplaced since the right to bear arms is guaranteed by the Constitution while there is no such guarantee about automobiles or any other transportation device.

Nonetheless, some licensing of our constitutionally protected freedoms is allowed.  For example, peaceful demonstrators, no matter how controversial or unpopular their cause, are allowed to speak their views, but they can be required to obtain a permit to conduct their march or demonstration and such speech can be limited to certain times.  It cannot, however, be banned entirely. 

I’m not sure how this translates to guns, beyond such things as hunting licenses and limitations or perhaps limiting hour and locations for shooting ranges etc.  States of course can enact regulations that define gun free zones, ability and requirements for carrying a concealed weapon, etc.  

We already have these gun licensing laws in place.  We also have criminal statutes that prohibit one from using a firearm in an illegal manner such as to commit a felony, or to assault or murder.  We can, of course, concern ourselves with ensuring that such regulations and statutes are well enforced, but in many of the mass murders as well as other shootings, licensing and similar regulation would have done nothing to stop the event from occurring.

Guns are the tool, not the instigator, of the tragedies

The problem is not the gun, but the one who fires it.  We must recognize that attempts to ban or control guns are a superficial fix and move on to reach the deeper question of Why, not What.  We must question why there is so little respect for human life in this country, why people in this country turn so quickly to violence, even deadly violence, when they are upset or having a dispute with another human being. 

I have touched on this question in past blogs.  I think that in large part it traces back to a lost belief in the concept of something greater than ourselves combined with a rise in the desire for self-satisfaction to the detriment of anything or anyone else. 

Value systems based outside of oneself causes society to adopt rules of behavior toward one another as well as respect humanity as something unique, irreplaceable, and deserving of respect.  A value system that places the self above all else leads to destruction of the social order as the individual seeks constant gratification.

We are becoming different people

In my local newspaper today there was the story of a 20 year old who shot and killed a man as part of a “road rage” incident.  The two did not know each other.  Apparently the 20 year old was driving and came upon the man and his friend walking in the road.  The 20 year old drove by, the man apparently thought he was too close, so when the 20 year old parked nearby the man came to him and angrily accosted him.  A fist fight ensued and when the 20 year old was on the ground he pulled his gun and fired.  The man died.

The sad thing is that this does not sound surprising or terribly out of the ordinary in today's world.  We regularly read stories of basically minor disagreements that end in shooting or stabbing or other violence.  What has happened in society that causes us to have such little regard for human life?  Why is violence our go-to method of settling disputes?

Destroying every gun in this country will not alter this attitude.  What may alter it is a deep look inside ourselves and our current cultural norms. 

The family, once the place where children were taught not only social skills and civility but also a respect for the world outside of themselves is a fading concept.  We have single parent homes, even essentially no parent homes when we see children just weeks old shipped off to daycare for the “convenience” of their parents.  We have dysfunctional families where drugs or similar mental problems overtake the family dynamic. 

Children growing up in dysfunctional families have no healthy model on which to base their own parenting.  Schools, that used to work in consort with parents to teach children necessary academic skills now teach children to keep secrets from parents as they learn about the day’s smorgasbord of genders from which they can choose.

Lost children become lost adults.  They become angry adults.  They become adults who do not understand how to interact with others, how to participate in the give and take that society requires.  They become adults full of hurt, and that hurt spills out in many ways.  And we see this destroying our society and whom and what we are as human beings. 

Today we have more and stricter gun laws than ever before; nonetheless, gun violence (as well as other forms of violence) continues to rise.  Guns are nothing more than a tool and that tool is currently being used to act out the deep dysfunction of our society.  Removing guns will not cure the problem.  Taking a deep look into how we are raising and what we are teaching our children is the only way we can ever heal.