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Dr Kemm is a nuclear physicist and is the CEO of Stratek Business Strategy Consultants. He also sits on the board of advisers of the Committee for A Constructive Tomorrow, based in Washington DC - stratek@pixie.co.za
 
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Permitting citizens to own firearms will go a long way to curbing crime
 
27th March 2009
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Crimes involving firearms are particularly worrying because they frequently end up in death or injury.

One often gets the impression that some nervous, inexperienced crook gets hold of a gun, which then gives him the confidence to hold up some fast-food outlet or petrol station.

Then, when the owner or a passer-by shows some resistance, the nervous crook pulls the trigger, only to later claim that he did not actually realise what he was doing.

In Germany, a youth recently killed a number of children in a school using a gun, and Finland has just enacted stricter gun laws, after a similar incident in that country. This gun problem is international. In South Africa, there has been a clampdown on gun ownership, but what does that actually achieve? Is there any evidence that the crooks now have fewer guns? I do not think so.

So, in effect, the gun laws keep the crooks armed and curtail the ability of law-abiding citizens to fight back. People will contest that comment, I know – it is a view that has more than one vantage point in perspective.

In the US, there has been great debate on the issue. At times it becomes very academic. Author Dr Stephen Halbrook has examined the principle of the Second Amendment to the US Constitution in great depth.

The Second Amendment says that people have the right to bear arms, but there are different interpretations of this position.

When the British army occupied Boston, in the US, in 1768, word went around that the local inhabitants would be disarmed and then ruled by the British under martial law. The result was seven years of conflict. Then, in 1775, the British commander, General Thomas Gage, at Lexington and Concord, attempted to seize the arms of the local militia.

The British were repulsed by local people, using their private arms.  Gage then offered to impound all American arms – in return, he would allow the people who complied to leave the besieged town in peace.

Gage took the weapons and then broke his promise. He kept the Americans hostage. In 1776, the Americans founded their republic and issued their famous Declaration of Independence. The new country of America then went about building its society.

They were only too aware of their recent history, and Virginia was the first state to adopt a declaration of rights, which included the provision that a well-regulated militia would be formed that had the right to bear arms.

Part of the idea was that, since the citizens of the country were so suspicious of big government, they wanted to retain the right to depose the government by force if it went off the rails. So the concept of bearing arms was introduced to protect the rights of the citizens under the new Constitution.

Then, in the Massachusetts Convention, Samuel Adams proposed that “peaceable citizens” have a right to keep “ their own arms”.  This was a subtle change from the militia idea. Finally, the New Hampshire Convention became the first to propose a bill of rights, including the provision that “Congress shall never disarm any citizen” unless in rebellion.

This whole debate has continued to modern-day America, the issue being: Does the Second Amendment mean that the people may bear arms as a militia to protect the country and the Constitution, or does it mean that any citizen has the right to own a personal weapon?

In the 1960s, in the US, the view prevailed that individuals had a right to bear arms only in militia service. But now the thinking has changed, even in canonical textbooks, to state that the bearing of arms is an ‘individual’ right.

A recent US Supreme Court ruling in District of Columbia vs Heller upheld the Second Amendment as protecting individuals' right to bear arms.

Such a ruling is good for the law-abiding citizen, who wants to protect his or her person and property. The snag still remains  how we can prevent stolen weapons from getting into the hands of the crooks. Some innovative thinking is needed.

Edited by: Martin Zhuwakinyu
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Readers Comments
 
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As a retired soldier who spent a lot of time in some "gun-free paradises", and as a retired cop in my second career, it has been my experience that it's true that when guns are outlawed, only criminals and the government (oftimes one and the same) will have guns. So I live by the simple adage, "it's better to be tried by 12 of your peers than carried by 6 of them."
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User not found. on 01 Apr 09
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I was in school in the 50's and 60's. We were taught the 2nd amendment gave each person the right to own firearms. Could the press have swayed it to the militia?
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Anonymous on 29 Mar 09
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I live in the state of New Hampshire in the United States. Here, we have lowest violent crime rate in the nation and we have the fewest restrictions on firearms. It's funny how the two seem to coincide with each other. I personally own several firearms, including high capacity handguns and an AR-15 "assault rifle". I also know many others in this state that have the same, if not more, firearms as I and none of us have ever committed a violent crime. With my own weapons, I have also personally stopped crimes from happening, including preventing a murder and stoping a robbery. Gun control doesn't stop crime. It allows crime to flurish. In Washington D.C., they enacted total gun control in the 1960's and that caused a steady increase in murder and violent crime for 35 years. Massachusetts also has very tough restrictions on firearms and makes it difficult for people to osn them, and their crime rate is high as well. Liberals who wish for gun control ignore the facts and it is contributing to the escalation in crime. I refuse to become a statistic, therefore I lawfully carry my high capacity .45 everywhere I go. One more thing about New Hampshire that may interest you is our state constitution and it's bill of rights, specifically article 10. [Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. If only the rest of the world could adopt this and put it into practice, immagion the peace that would prevail!
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User not found. on 29 Mar 09
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One problem I see is that the founders added the words, "A well regulated Malitia," to the document. But, if the current Supreme Court would have used logic instead of personal beliefs, they would have realized that at that time a malitia was formed by civilians that were using their owne arms. Another think that really bothers me is that these same justices that were decenting in the Heller case must not have done any research. Not only were malitias made up of civilians but the Federalist papers clearly show that all of the founders felt that being an unarmed man was foolish and not a good idea.
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User not found. on 28 Mar 09
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Paperwork, fees, and background checks to allow people to carry a side-arm? What kind of nonsense is this? The right of self-defense is a corollary to the right to life; to deny one is to deny the other. The purpose of government is to insure our rights, not to infringe on them. The fact is that governments should not be involved in permitting the carriage of weapons, either openly or concealed, by anyone. Our constitution states that the right of the people to keep (possess) and bear (carry) arms shall not be infringed. Marbury v. Madison (1803) decided that the Constitution is the supreme law of the land, and that any law that contradicts the Constitution is null and void. "The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void." (16 American Jurisprudence 2d, Sec. 178) In Murdock v. Pennsylvania (1943) the Supreme Court stated that a constitutionally-protected right may not be licensed, nor a fee charged. The Right to Keep and Bear Arms is one of those protected natural rights. In Shuttlesworth v. Birmingham, Alabama (1962) the Supreme Court decided that “If the state does convert a liberty into a privilege, the citizen can engage in the right with impunity.” (That means they can't punish you, folks!) To paraphrase an oft-quoted movie line, "Permits? We don' need no steenking permits!"
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User not found. on 27 Mar 09
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I do not see why non-violent criminals should be banned from possessing guns. The trouble is - when you say "felon", you THINK "thug"! But the little old lady who got caught dipping into the till to support a home for abandoned cats is a FELON! Why should she be prevented from defending her Social Security check from a real thug? The government makes too many crimes felonies! It is the political way to say "I consider this important!"
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User not found. on 27 Mar 09