Archive: Opinions

Governor Andrew Cuomo signed a tough, new gun control bill into law on Tuesday.  The ban went into effect as soon as Governor Cuomo signed the bill into law.  Those who already own such guns are grandfathered in, but will have to register them with the state.  The new law, known as the NY Secure Ammunition and Firearms Enforcement (SAFE) Act, includes a ban on ammunition magazines that hold more than seven rounds, a ban on certain semi-automatic rifles and pistols, and a mandatory background check for all gun sales, including private sales.

In addition, it provides for real-time tracking of ammunition sales and allows alerts on high volume buyers. It also requires therapists and other mental health professionals to notify state officials when they believe a patient represents a credible threat to harm themselves or others. In such cases law enforcement officers could confiscate any guns owned by the patient.

Opponents of gun regulation often quote the Second Amendment, and the right to own a firearm or firearms.  Yet I wonder whether those from either side of the debate really know what the amendment says.  Here is the Second Amendment of 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.”

In today’s world, many consider this language vague, simple, and open to interpretation.  At the time the Second Amendment was written, the average white, male, American would have owned a gun for protection against foreign and domestic enemies, for hunting to provide food for his family, and for recreation, perhaps target shooting.

The most common firearm, a musket, would fire one round metal projectile at a time.  If one wished to shoot immediately after discharging the first round, a man would have to go through a lengthy process to reload his musket.  A skilled gun owner might be able to reload his musket in 45 seconds.

Much has changed since 1787, and interpretation of the Constitution continues with each generation.  We have freedom of speech, but there are laws, actual legislation, restricting some forms of speech.  For example, one cannot enter a public building, such as a theater or meeting hall, and yell, “Fire.”  That is not protected speech.  The same can said for the freedom of public assembly.  One cannot lawfully assemble if one is disturbing the public peace, inciting violence, rioting or gathering in a place where it is forbidden by law.

The right to bear arms is no exception, and the government has the right to legislate the use of these weapons without violating the constitution.  I can still buy a shotgun, rifle or pistol.  I cannot buy a rocket launcher, bazooka, machine gun, or semi-automatic weapon.  No one needs to own these types of weaponry.

Throughout our nation’s history, our government has passed legislation to regulate rights and freedoms in order to guarantee safety for the common good.  After the tragedy of Sandy Hook, I am in favor of any legislation that would save even one life, whether it be a seven year old or seventy year old.  Governor Cuomo and the New York State Legislatures who voted for the NY Secure Ammunition and Firearms Enforcement Act ought to be commended for their wisdom and compassion.  And that is to the point.

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