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Offbeat After Las Vegas, Talk Better Gun Policy and Avoid Second Amendment Debates

11:07  05 october  2017
11:07  05 october  2017 Source:   usnews.com

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After the Las Vegas shooting, don't argue about freedoms. Focus on policy . The impulse after a historic massacre like Las Vegas is therefore to fight for gun control on the same terms. The Second Amendment is an anachronism, some say. It was about a militias, not individuals.

After the Las Vegas shooting, don't argue about freedoms. Focus on policy . Anything to defend public safety is regarded by its ideologues as an attack on The debate about how to prevent similar events has started again in Washington after the Las Vegas shooting. And Scalise says anything else done

The U.S. Capitol dome backdrops flags at half-staff in honor of the victims killed in the Las Vegas shooting as the sun rises on Tuesday, Oct. 3, 2017, at the foot of the Washington Monument on the National Mall in Washington.: Disarm the opposition with policy talk.© (Manuel Balce Ceneta/AP Photo) Disarm the opposition with policy talk.

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

I understand the impulse. But it isn't smart.

The National Rifle Association and its accomplices in the Republican Party have transformed an otherwise sensible gun control debate into a constitutional battlefield. Anything to defend public safety is regarded by its ideologues as an attack on the Second Amendment's right to keep and bear arms.

The impulse after a historic massacre like Las Vegas is therefore to fight for gun control on the same terms. The Second Amendment is an anachronism, some say. It was about a militias, not individuals. It was about muskets, not semi-automatic rifles capable of being modified with bump stocks to make them fire more rapidly. These are among the go-to talking points of good-faith Americans outraged by Congressional impotence in the face of our darkening culture of death.

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The second amendment 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." People still have the right to have a gun , even if that right is regulated. Americans still have freedom of speech even though they

The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791 as part of the Bill of Rights. The Supreme Court has ruled that the right belongs to individuals for self-defense

They are right, and in another place and time, when our politics are less venomous, these might be fruitful topics of debate. But we inhabit a bizarro world in which being right isn't the same as being smart. The smart politics right now is to focus on policy, not freedoms, because the Republicans don't want to talk about policy. Policy does not light a fire under their butts. Talking policy is what gets them in trouble. By talking policy, we take the first step in any meaningful fight.

We disarm the opposition.

Here's another way of looking at it. In saying, as some sincere progressives have said, that the real fight is over the Bill of Rights, they advance unwittingly an assumption: something about gun control is so inherently unconstitutional that we need to change the constitution. That, for most, is a nonstarter. Most people most of the time don't know much about politics, because they have better things to do. But they do know that messing around with a foundational document is risky. That alone, whether they care about guns or not, is enough to turn them against you even if you espouse gun policies they like.

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After the civil war, second amendment rights were again debated by Congress, which abolished militias in the former Confederate states and passed the 1866 Civil Rights Act, explicitly protecting freed slaves’ right to bear arms. A century later, the founders of the Black Panthers took up guns

“ Good policy is good regardless of timing; bad policy is bad regardless of timing. But when something horrific occurs, it’s in the interest of those pushing a Among the reasons that Mr. Shapiro thinks the immediate aftermath of the shooting is a poor time to talk about gun control policy : The “motive of

Anyway, gun control is constitutional. The question isn't whether, but to what degree. Banning handguns within city limits? No, per the Supreme Court's 2008 ruling in District of Columbia v. Heller. But background checks, and bans of certain weapons, ammunition and modifications? Though untested, these are surely constitutional. They try to balance individual liberty with the government's responsibility to protect.

Of course, now is a time of radical imbalance, a time in which individual liberty actually supplants the government's responsibility to protect. But now is also a time of opportunity, a time to show all sides that gun control advocates not only demand greater government action but also greater freedom from the government's implementation of sensible gun control.

In other words, gun control is patriotic.

Not only should we focus on policy, but we should focus on public health policy. And not only should we focus public health policy, but we should focus on a mechanism for protecting public health that we know is effective. If you can't constitutionally ban the sale of a thing but know the more people buy it, the less healthy we all are, what do you do?

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Paddock came well -prepared to exercise his Second Amendment freedoms on a penned-in crowd of Jason Aldean fans. And he did. Better that one Stephen Paddock go free than a hundred law-abiding gun owners wait a week before buying an Uzi. We are all walking blood sacrifices waiting to happen.

After the shooting in Las Vegas , which left 59 dead and more than 500 injured, Caleb Keeter, guitarist for the Josh Abbott Band, which was on Likewise, late night talk show host Stephen Colbert's lecture to the nation amounted to saying that "anything" was better than nothing when it comes to gun control.

Levy an excise tax.

In 2015, the Seattle City Council passed a law imposing a $25 surcharge on the purchase of firearms as well as a tax of 2-to-5 cents per round of ammunition. City officials said the measure would raise revenue, but the goal was deterrence. Seattle City Council member Tim Burgess called it "gun-violence tax."

The NRA attacked the law and joined plaintiffs in an appeal to the Washington Supreme Court. But in August, the high court ruled 8-1 that the ordinance did not violate a state law banning cities from regulating firearms. The majority sided with Seattle in saying the ordinance was not gun control, but a tax.

The decision bodes well for the future of gun control, as a government's right to tax is virtually unlimited, thus removing the fight from a constitutional context and putting it squarely in the realm of public health policy. This is not to say an excise tax is politically feasible, but that's not the point. The point is finding a constitutional and practical way of addressing a public health crisis that protects liberty as well as public safety. Given that excise taxes on cigarettes, alcohol and gasoline have long been accepted, taxing guns might prove effective, too.

To be sure, the idea of taxing anything creates another kind of headache, but taxes are not the NRA's forte, and any day in which the NRA must talk about something other than the Second Amendment is a good day. And yes, a 5-cent tax per round of ammunition isn't going to deter much, but New York City didn't levy $4.35 on a pack of smokes on day one. And yes, an excise tax would not have stopped Stephen Paddock who appears to have been independently wealthy. But not being able to stop a mass murderer is scarcely the point of policy. The point is to mitigate as much as possible the risk of injury and death even as we strive to live in an open and free society.

An excise tax alone probably won't achieve that goal, but along with other measures enacted on the state and local level, and eventually embraced by the US Congress, perhaps it will.

Copyright 2017 U.S. News & World Report

No law could have stopped Las Vegas shooter, Feinstein says .
Congress is debating if or how to legislate gun control, after the gunman opened fire on hundreds of people at a country music concertThe California Democrat made the comment as Congress debates how — or whether — to move forward on gun control measures that would prevent another Las Vegas-like tragedy. CBS "Face the Nation" host John Dickerson asked Feinstein if Congress could pass any law that would have stopped Stephen Paddock's rampage.

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