As you are all well probably aware, I’ve been scanning the news looking for liberal views on gun control in the wake of the Virginia Tech shooting.
Anyway, I recently found an interesting view from Shahid Buttar, lawyer and activist, on TomPaine.com. Buttar is quite obviously pro-gun control, but acknowleges that the Second Amendment guarantees an individual right to keep and bear arms. In that regard, he reasons:
The Second Amendment guarantees a right to bear arms. Like the First Amendment, it includes both a public and private dimension. For instance, the First Amendment protects the individual’s right to speech—but in the service of a corresponding public right to the free exchange of information and perspectives. Similarly, the Second Amendment’s private “right … to keep and bear arms” serves a broader, more important function of preserving a popular check on potentially tyrannical government.
Now, from here you’re probably asking how he can be in favor of gun control after expressing this view. I think it’s clearly impossible; here’s how he reasons:
[N]o right is absolute. Even the most precious liberties are subject to judicial scrutiny, and the authorization of restrictions where justified. The Supreme Court once went so far as to allow the arbitrary detention of a hundred thousand Japanese-Americans under its strictest standard of scrutiny. While the individual right to bear a weapon may remain legitimate in the abstract, legislatures have every right to deem the public interest in preventing mass murder sufficiently compelling to enact a law narrowly tailored to address it. In Britain, for instance, regulations on gun ownership have proven largely successful in preventing gun violence.
The flaws in his argument are painfully obvious. Sure, all rights are subject to reasonable limitations. However, they are not simply subject to a standard of “what the government feels is necessary.” Can you imagine subjecting the First Amendment to this reasoning? The government could ban any speech it deemed “dangerous.”
Furthermore, if a blanket ban on gun ownership is “narrowly tailored,” then those words have ceased to have meaning. We wouldn’t have a First Amendment then, and what Buttar suggests would essentially eliminate the Second Amendment. There would, instead, be a right to keep and bear arms that the government could eliminate at any time merely by citing public safety. This is not the way other rights are treated, and it defeats the purpose of the Amendment. It is “broadly tailored” by any definition.
Buttar’s examples are also curious. He cites the Korematzu decision, which is highly controversial and widely regarded as incorrectly decided. President Reagan even went so far as issue and official apology complete with financial compensation to the victims of the Japanese internment. I doubt Mr. Buttar thinks Korematzu was justified anyway, so it’s unclear why he mentioned it.
He then writes that gun control has been successful in Britain, which simply isn’t true. According to the British Home Office, which compiles crime statistics, “the number of overall offences involving firearms has been increasing each year since 1997/98.”
So what purpose does the Second Amendment supposedly hold for Buttar? Read on:
[J]urisdictions around the country have increasingly impeded concerned citizens from raising their collective voice. During the 2004 Republican National Convention, the New York Police Department infiltrated peaceful activist groups and arrested nearly 2,000 people—many without probable cause, resulting in hundreds of thousands of dollars in fines and settlements. Earlier this month, reports emerged that, during a 2002 protest in Washington, a secret FBI unit illegally detained and harassed a group of anti-war activists.
But the Second Amendment guarantees a right to resistance. At the very least, these abuses should not take five years to come to light, nor should they be addressed only after-the-fact. Gestapo tactics by local police departments and federal authorities to intimidate non-violent dissidents should be struck down as unconstitutional.
[…]
It was precisely for times like these that the Second Amendment was created: to guarantee a right to citizen insurrection—not a right to impose risks on communities by forcing open the door to weapons, as the U.S. Court of Appeals for the D.C. Circuit did when recently striking down the District’s public safety laws.
This is a bit off the deep end, no? He’s spun the Second Amendment to where it doesn’t protect what it purports to protect, namely the right to keep and bear arms, and instead protects the rights of extremist protest groups against law enforcement. It’s utter nonsense.
Sure, the Second Amendment does dovetail nicely with the First Amendment and the Fourth Amendment, as Buttar indicates. It guarantees the right of people to challenge the government. However, the Second Amendment deals with the possibility of armed insurrection, not protests. The rights of protestors are effecitvely dealt with elsewhere. The right of US citizens to arm themselves, potentially against a tyannical government, is the object of the Second Amendment. You cannot spin that away.
The “right of the people to keep and bear arms” clearly opens the door to weapons ownership. If this bothers Buttar, he should come out and say that he doesn’t support the Second Amendment. However, this tortured evaluation, if it can even be called that, is simply embarassing — particularly when coming from an attorney.