Gun Control: A conversation
Me:
“I live in Philadelphia, Pennsylvania, USA. There have been 5 shootings (3 of them fatal) within 4 square blocks of my residence within the last year. I want to carry a gun for protection. Can I?”
Gun Guy:
“According to the second ratified amendment to the Constitution of the United States, ‘A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’ So, yes, you can.”
Gun Control Guy:
“No! The amendment refers only to ‘militias’.”
Gun Guy:
“Well, 10 USC §311 (a) tells us, ‘The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.’ So he’s good to go.”
Gun Control Guy:
“No! The amendment only refers to ‘States’.”
Gun Guy:
“OK, then, section 21 of the Constitution of the Commonwealth of Pennsylvania reads, ‘The right of the citizens to bear arms in defense of themselves and the State shall not be questioned’.”
Gun Control Guy:
“No, no, no. What was meant was state militias.”
Gun Guy:
“Really? Well then, Title 51 of the Commonwealth of Pennsylvania Code, Chapter 3, §301, paragraph (a) informs me, ‘The Militia of this Commonwealth shall consist of: (1) all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and (2) such other persons as may, upon their own application, be enlisted or commissioned therein.’ Now…surely he is allowed to ‘bear’ a weapon for protection.”
Gun Control Guy:
“I still don’t think so. What do you mean by ‘bear’ it?”
Me:
“I don’t want to draw attention to myself, so I’ll carry it in a holster under a coat.”
Gun Control Guy:
“NO! PCS Title 18, Chapter 61, Subchapter A, § 6106. ‘Firearms not to be carried without a license. (a) Offense defined.-- (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree. (2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree’.”
Me:
“Okay, okay. Let me see…hmm…hmm…well…there’s nothing here in the laws of Pennsylvania specifically prohibiting carrying openly…so I’ll just carry it on my hip, OK?”
Gun Control Guy:
“No! PCS Title 18, Chapter 61, Subchapter A, § 6108 No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless: 1. Such person is licensed to carry a firearm; or 2. Such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).”
Me:
“Let me guess, Philadelphia is a ‘city of the first class’?”
Gun Control Guy:
“Yes it is.”
Me:
“Wait a minute, are you telling me that I have a ‘right’ to bear arms, but if I exercise it in Philadelphia without a LICENSE FROM THE CITY, I’ll get arrested and prosecuted? What kind of ‘right’ is it if it requires a license? Do I need a license to speak my mind, or practice my religion? Do I need a license to be secure in my ‘papers and effects’?”
Gun Guy:
“Not yet, thank God. But, don’t worry, Pennsylvania is a “shall issue” state. Unless you’ve got a criminal record they’ll give you the license, OK?”
Me:
“The Philadelphia Police Department won’t give me one, because my driver’s license is currently suspended.” So, in effect, because of traffic violations, they’ve stripped me of my right to self-defense.”
Gun Control Guy:
“The 'so-called' right to bear arms is not the same as the right to self-defense. You still have the right to self-defense. If you’ve got trouble, just call the police.”
Me:
“If the bad guys have guns, then without one I have no 'meaningful' right to self defense."
Gun Guy:
As for the police...while the Supreme Court has never said anything about it, at least half-a-dozen district courts and courts of appeals have found that the police have NO duty to protect you. Cases like Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981) and DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989) very clearly demonstrate that the law does not hold the police responsible for your safety.”
Me:
“So, wait a minute, let me see if I understand this. Both the Constitutions of Pennsylvania and the United States say I have the right to keep and bear arms for my defense, but state laws and local bureaucrats have effectively nullified BOTH the federal and Commonwealth Constitutions? And to add insult to (potential) injury, the police have no duty to protect me? Am I hearing this right?”
Gun Guy:
“You got it, boyo.”
Gun Control Guy:
“If we got rid of the guns, you wouldn’t need protection.”
Me:
“While estimates vary widely, it is not impossible that there are 300,000,000 guns in the United States at this very moment. If tomorrow morning, in joint session, the Congress of the United States voted 585-to-0 to repeal the 2nd Amendment; and tomorrow afternoon the President signed off on it; and a week later all 50 state legislatures had voted to accept the repeal; and the day after that the Congress again voted 585-to-0 to prohibit the manufacture, sale and private ownership of all firearms – and to confiscate all firearms currently held privately…in one-hundred (100) years, you might – MIGHT – get half of them. So, this idea that you’re going to ‘get rid of guns’ is nothing short of a lunatic’s dream.”
Gun Control Guy:
“We’ve got to try…for the children.”
Gun Guy & Me:
“Fuck you.”
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