Last Friday, I thought there had been two mass shootings in a single week. Michael Moore’s podcast Rumble set me straight on this. Based on law enforcement’s definition of a mass shooting – four or more victims – there were seven that week. As I said in my last post, this is nuts. We’ve become a nation of people waiting to be shot. For the more than 80 percent of us who do not own firearms of any sort, that’s a pretty nerve-wracking place to be. It’s not like there’s a safe place. Shootings happen in schools, movie theaters, grocery stores, outdoor concerts, restaurants, you name it. Anyplace a gunman can enter, so too can the gun, and like that Chekhovian cliche, if there’s a gun in the first act, you know that someone will be shot by the end of the play. So the operative question is, how do we get the gun out of the first act? If we’re depending on Congress to answer that question, it’s going to be a long play.

I will admit, I thought for certain that Sandy Hook would have been sufficient to put gun control over the edge. A hideous massacre of young school children – that had to be enough to shock the conscience of a nation. Perhaps …. only not this nation. Of course, Obama was president, the House was in Republican hands, and the Senate – while still run by a significant Democratic majority – was tied up in knots by its fealty to the modern version of the filibuster. Even the small-bore gun law they proposed could not make it through, and ultimately it was dropped. Now we live in a post-Heller gun-owners paradise, in which a particularly expansive interpretation of the Second Amendment – one that implies a personal right to gun ownership – rules the day. I have to think that even if we were to get meaningful gun measures through Congress and signed by the president, the reactionary U.S. Supreme Court might well knock them down.

There are some who defend this notion of the Second Amendment. People like Joe Scarborough are fond of saying that the amendment “says what it says” – a kind of shorthand textualist approach. The trouble is, they don’t seem to know what the amendment says. (Scarborough in fact affected to read it from memory on his show last week, and added in a few terms not found in the original.) For one thing, they all seem to ignore the dependent clause at the beginning of the text; the part about the well-regulated militia. If you’re a strict textualist, shouldn’t that, too, be considered sacrosanct? But setting that aside for a moment, the fact is that this is clearly not an unlimited right – we do, in fact, limit our interpretation of the Second Amendment, like we do with every other text. The word “gun” appears nowhere in the document. It uses the term “arms”, which we interpret narrowly as meaning “guns”. I think most people agree that there is no constitutional right to own chemical or nuclear weapons, even though those are “arms”. I suppose a bazooka could be considered a kind of “gun”, and yet we disallow ownership of those under the Second Amendment. (At least, as of now.)

I guess what I’m getting at is that we are all potential victims of semantics. If we could limit our interpretation of “arms” to our Founding Fathers’ use of the term, Americans might have a limited right to own flintlocks and other muzzle-loaders. I think I could live with that kind of originalism. How about you?

luv u,

jp