I’d like to revive this topic and perhaps add something to it. First, I’d like to see what we all agree upon before we begin arguing over the disagreements.
- I take it that private entities should be allowed to own nuclear power plants.
- I also take it that we all agree that it is legitimate and necessary for police to stop threats. For example, in a situation where a person holds a gun to another person, it is right and incumbent upon a police officer to neutralize that person.
- The main reason for having a right to bare arms in the Constitution was in response to the Battle of Lexington and Concord, in which British citizens (which they were, at that time) fired upon their own government in response to tyranny, achieving arguably the first rebel victory in the American Revolution. I take it that we all agree about this motive for protecting the right to bare arms, even if we disagree about the modern need for this method of securing against tyranny.
- I take it that we all agree about some basic right of self-defense and the freedom to own some basic instruments of defense (such as, if nothing else, a knife, revolver, semi-automatic weapon, and so on).
If anybody disagrees with any of these, then we may need to take the conversation back a step. Assuming these, however, it seems to me that the right to own a weapon stems from two motives, protection against criminal citizens and a criminal government, and our means of protection against both should be minimally effective.
Citizen Criminals
To protect against a criminal citizen, all sane, law-abiding, and sui juris citizens should have the right to own any weapons which do not pose an immediate threat to those around him. I emboldened that word to highlight that it is not clearly defined, and I’m not sure how it could be. By way of example, though, a person holding a knife at ten feet is not an immediate threat because it gives most potential victims an opportunity to escape, seek help, or manage some kind of retaliatory threat if it is deemed necessary. A person holding a knife to another’s neck is an immediate threat. A person carrying a gun is not an immediate threat; a person aiming a gun at another with his finger on the trigger is an immediate threat. Perhaps somebody else could clarify exactly what is meant by “immediate”. This would rule out ownership of an armed nuclear weapon or even a disarmed nuclear weapon which could not be effectively neutralized by the government before detonation.
In any case, I believe that people who are shown to be dysfunctionally insane or violent and a threat to others has sufficiently lost the capacity to reason and should not be able to own a weapon. The only way to regulate this is by gun registration and restriction of ownership to only those with registered firearms. Likewise, somebody with a violent criminal record should not be granted a license to own a firearm, nor should somebody who is not sui juris.
Criminal Government
Still, in order to prevent against criminal governments, I believe we must have an effective means of defense. Again, the word emboldened is not perfectly clear though it should be. Again by means of example, if at least a quarter of the population is moved to violent and lethal action against the government, it should have the means of resisting the government. In America we largely have legal, democratic means of resisting our own government. And if our society comes to a point where our own democratic means do not prevent a tyranny, then the matter of defending against tyranny may be moot. For in that kind of a situation, you probably are not going to be able to rally even a quarter of the population against tyranny. Still, I wonder if some provision should be made in the event that you have a tyranny brought on by a democratic state, so that a sufficiently mobilized and militant minority will be able to resist the tyranny. This would require fully automatics, explosives, missiles, and perhaps even nuclear weapons. I’m not convinced that we should be able to own these so long as we live in a democracy, but let’s assume that we should.
Even so, we still have the provision that only sane, law-abiding, sui juris citizens should be able to own them and they should not be an immediate threat. Hence, explosives should not be kept within effective distance of others, and nuclear weapons should be highly regulated so that, if an individual tried to randomly detonate one, the government could effective neutralize it. However, if some large portion of the population attempted militant resistance, the government would not be able to effectively neutralize the resistance.
I suppose, in effect, my views on the right to bare arms is an extension of a democratic system. Most of democracy takes place within legal confines, but I suppose that when such a thing fails, there should be some kind of quasi-democratic force such that very extreme situations can be resisted by an extreme minority, which is essentially what Lexington and Concord was about.