©
Josh Sager – 7/22/12
The United States constitution guarantees residents
of the United States certain rights and restricts the government from
infringing upon many of the free choices of individuals. Among these rights,
the right to bear arms and the right for women to choose to get an abortion are
two which have been subject to extreme controversies. By saying that abortion rights and gun rights
are both controversial constitutionally protected rights, I do not support a
false-equivalency between abortion and gun ownership past the facts that they
are both constitutionally protected rights which have been controversial and
polarizing issues in US politics.
Abortion rights are a matter of personal control
over ones’ body and are protected under the due process clause of the 14th
Amendment (as established by Roe v. Wade); under current interpretation of the
constitution, abortion rights are protected until the fetus is viable and any
attempt to limit the right to an abortion before viability is unconstitutional.
Unfortunately, many religious individuals, particularly right wing Christians
are extremely active in their fight against abortion rights and have promoted
unconstitutional restrictions on abortion rights; these restrictions seek to
narrow the scope of abortion rights, make it harder for women to get
abortions/shame women, attack abortion providers, and make it more expensive to
access abortion services.
Modern gun rights are established by the
interpretation of the 2nd Amendment of the constitution and are
justified through an argument that people have the right to defend their
person; unlike with abortion rights, gun rights are potentially dangerous to
others and the current interpretation of the 2nd Amendment allows for
regulations which restrict gun ownership (ex. barring convicted felons from
owning weapons). In the last decade, gun control regulations have decayed to
the point where assault weapons (assault rifles) and expanded magazines are
legal in some states, and gun shows can sell virtually any weapon to virtually
any individual (without a background check).
While both abortion rights and gun rights are constitutionally
protected, gun rights have been expanded and protected beyond their
constitutional intent, while abortion rights have suffered from innumerable,
unconstitutional, restrictions. This disparity is due to several reasons, but
the primary reason is that there have been concerted and well-funded campaigns
to attack abortion rights and protect gun rights enacted by right wing groups;
in the absence of an organized left wing pushback against these right wing
campaigns, abortion rights have shrunk and gun rights have expanded during the
past decade.
In the face of the dichotomy between the protection
of gun rights and restrictions on abortion rights, I propose a campaign where
left wing politicians translate a parody of right wing abortion restriction
onto gun rights; this campaign consists of getting left wing politicians to transpose
the draconian anti-choice regulations and legislations into analogous
restrictions upon gun buyers/sellers. By reversing the anti-choice regulations
onto guns, left wing politicians will be able to highlight the absurdity of the
right wing attacks on abortion, while either forcing the right wing to
contradict the justifications behind their ant-abortion regulatory regimes or
significantly reducing the number of gun sales in their states. If right wing
states wish to impose unreasonable and intentionally burdensome rights upon
abortion, a constitutionally protected procedure, then they should have no
problem with left wing states imposing similar regulations upon gun sales.
Restrictions
on Gun Sellers:
Anti-choice activists and politicians have recently
begun attempting to restrict the providers of abortion services to the point
where they are unable to perform their function. By attacking abortion
providers, these activists are able to de-facto ban abortion without overtly
banning the procedure (and running up against the wall of Roe v. Wade). Strategically,
this indirect method of attacking abortion is far more effective and pervasive
than overt attacks on abortion rights.
The justifications that anti-choice activists use to
argue for increased regulations on abortions include the protection of the
women who seek abortions and the promotion of good medical safety but these
justifications don’t hold up to scrutiny. While promoting medical ethics and
safety are admirable, the regulations pushed by these individuals are intentionally
over-restrictive. If the creators of these regulations truly desired women to
have access to safe abortion services, they would not be attempting to ban abortion
and bring back the days where back alley abortions and coat-hangers were the
only ways by which women could access abortion services.
Two good examples of intentionally draconian restrictions,
also referred to as “TRAP” laws, would be those passed in Virginia during the
latter half of 2011 and those passed in Mississippi during 2012:
In Virginia, abortion clinics were mandated to
follow the architectural codes of normal hospitals, despite the fact that they
don’t specialize in surgical services; these regulations demanded that the
hallways and waiting rooms of abortion clinics be certain dimensions (necessary
in hospitals to allow many wheelchairs and stretchers to pass each-other) and
that the electrical wiring/air filtration of clinics be far above what is
necessary. Abortion clinics are often small and have a very difficult time
complying with such restrictive regulations, thus these regulations are often a
death sentence for the clinic.
In Mississippi, the state has passed a set of
restrictions on abortion providers and doctors so strict that the only thing
preventing MS from being the first state to ban abortion is a judicial order.
These restrictions not only put new regulations on the facilities of abortion providers,
but forces all doctors who provide abortion services to have admitting privileges
at a local hospital. The requirements for admitting privileges at local
hospitals are fairly detailed and are virtually impossible for abortion doctors
to obtain—they simply do not admit enough people, often live in another state
(only MS residents can get admitting privileges), and face incredible pushback
from local activists.
States with conservative Republican or fundamentalist
religious legislatures have been passing dozens of intentionally over-restrictive
abortion regulations in service to their anti-choice ideology. Progressives and
Democrats need to take the very restrictions which right wing anti-choice
activists use and translate versions of them onto gun sellers. Through
restricting the location where gun sellers can set up shop and mandating that
they have specific/costly building requirements, progressives can parody
anti-choice regulations and force right wing activists into a corner. In
reacting to such gun regulations, conservatives must either debunk their own
tactics against abortion in service to their pro-gun agenda, or abandon their
pro-gun agendas in liberal states.
Restrictions on abortion providers are justified through
medical safety arguments and restrictions upon gun sellers can be justified
through the similar argument of public safety; new regulations on gun sellers
should mimic TRAP abortion regulations by forcing gun sellers to comply with extremely
stringent and expensive measures to ensure the safety of their establishments.
Here are a few examples of such draconian regulations:
- Ø Limit the locations of gun shops to ensure that they are a certain distance away from schools, public parks, and areas where children gather.
- Ø Mandate that all gun shops have bullet resistant walls and windows—just in case there is an accidental discharge of ammunition.
- Ø Mandate that all gun shops have two very high grade safes—one for guns and the other for ammunition.
- Ø Mandate that all gun shops have top of the line security systems and be staffed with a live guard at all times.
These new regulations on gun sellers would be
extremely expensive and difficult to comply with—just as TRAP abortion
regulations are to abortion clinics—and would be very costly to the states’ gun
sellers. The overlap between the anti-choice and pro-gun ideologies
(essentially the entire right wing) means that this course of action would give
anti-abortion activists a taste of their own medicine—a medicine which they
cannot fight without attacking their own attempts to impose restrictions on
abortion clinics.
In addition to regulations on facilities, several states
have attempted to make abortion doctors legally liable if they unintentionally perform
an illegal abortion. An analogous regulation for gun sellers would be to hold gun
shop owners partially liable for all harm done by a weapon which they sell to
an individual who has a criminal record or who lacks a current gun permit; I do
not see this as an unreasonable statute; however, it is modeled upon an
anti-abortion law and can be enacted in parallel to the other, more extreme,
restrictions.
Restrictions
on Gun Buyers
Draconian abortion regulations have not only targeted
abortion providers, but the women who are seeking abortions. During the past
few years, waiting periods, mandated evaluations, financial penalties, and even
invasive procedures have been used by state governments to attack abortion
rights. These restrictions attempt to make abortion as painful, embarrassing, expensive
and difficult get as possible, in an attempt to shame women from exercising their
rights.
While over a dozen states have passed a these
legislative shamings of women, the most extreme and egregious example of this
type of regulation was seen in Virginia. In the early months of 2012, the
Virginia legislature attempted to pass a bill which mandated trans-vaginal
ultrasounds for all women who are seeking an abortion—regardless of whether
these women were raped, incest victims, or underage. A trans-vaginal ultrasound
is an ultrasound delivered via vaginal probe, thus it is extremely invasive and
entirely unnecessary. This law is so extreme that many have described it as the
legislation which legally mandates the rape of women who are seeking abortions.
Here are a few examples of draconian gun laws based
off of existing abortion restrictions:
- Ø Mandate that all individuals attempting to buy a weapon receive a full physical examination, CAT Scan, and colonoscopy before buying their weapon—simply to ensure that they are healthy enough to properly handle a gun. In order to keep governmental costs down, the individual will be forced to pay for the procedures out of pocket.
This mandate is based around the various laws which anti-choice
legislators have passed to mandate unnecessary medical procedures on women who
are seeking a constitutionally protected service. To add insult to injury,
women are often forced to pay for these medical procedures. In recent years,
such laws have been passed in numerous states, including Virginia, Oklahoma,
North Carolina and Texas. If it is okay to mandate unnecessary and invasive
procedures on women who are seeking an abortion, it is okay to mandate such
procedures on men who want guns.
- Ø Mandate that all individuals who wish to purchase a weapon have a psychological evaluation before their purchase; this evaluation should occur in a state facility, of which there is only one in the state. These evaluations must happen before each gun sale, regardless of whether the buyer has received previous evaluations.
This mandate is based off of the abortion restrictions
which have reduced the numbers of abortion clinics in a state, thus forcing
women to travel significant distances to receive their procedure. By making the
process of buying a gun inconvenient and mandating that prospective buyers
travel to inconveniently located evaluation centers in order to get their
evaluation, gun buyers can get a taste of what it feels like to have the practice
of their rights obstructed.
- Ø A three day waiting period must be enforced from the time of application for a gun license and a gun purchase; during this waiting period, the gun purchaser must visit a crime victim support center and listen to the stories of several parents who have lost children to gun violence and view graphic photos of gunshot wounds—so as not to be overly cruel, the purchaser may choose to look away from the screen during the viewing of these pictures.
Numerous states have passed mandatory waiting
periods for women who are attempting to get abortions, and many have mandated
that these women visit “pregnancy help centers” during the wait. The waiting
period is intended to draw out the decision (giving the women time to regret
her choices and feel guilt) and be as obstructive as possible. Pregnancy help
centers are most often run by anti-choice activists and religious groups and
are nothing more than places where women are told that they are evil for
considering abortion, lied to about the side effects of abortion, and told that
they are going to hell; in short, they exist to shame/scare women from away
from exercising their constitutional rights.
If anti-choice legislatures are able to pass laws
which mandate women to have waiting periods and visits to anti-choice groups,
then it is possible for anti-gun legislatures to pass laws which mandate similar
things for gun buyers. Instead of going to religious faux-clinics, prospective gun
buyers should be forced to go to victim’s advocacy centers and witness the
effects of gun violence. As several states have passed legislation forcing
women to look at their ultrasounds and have the fetus described to them, it is
certainly okay for these centers to force prospective gun buyers to listen to
parents who have lost children to gun violence and view graphic photographs of
people killed by guns (similar to the old shock videos around car accidents
shown in traffic schools).
Conclusion
Ultimately, what we, as a society, need is a
balanced system of laws and regulations for both gun rights and abortion
rights. Regardless of ones’ personal opinions on these rights, they are part of
our constitution (or at least it interpretation), and cannot be abolished
without a constitutional amendment.
If the right wing wishes to enact absurd, repressive
and ridiculously harsh regulations on abortion providers in order to shut them
down, they cannot protest if the left wing does the same to gun sellers. The
right to bear arms is far less absolute than the right for a woman to have
access to an abortion (gun rights can constitutionally be taken away in some circumstances,
yet abortion rights cannot), and there must be a re-balancing of the regulatory
scales to reflect this truth.
Most, if not all, of these draconian regulations on
guns are far too extreme to be rational gun laws; this is okay, because they
were designed as a protest rather than rational policy (similar to how some pro-choice
legislators have attempted to attach mandated prostate exams for men who want
Viagra to TRAP abortion restrictions). By enforcing extreme gun-control laws which
parallel extreme anti-abortion laws, pro-choice activists can create a parody
of anti-choice policy and ensure that gun enthusiasts (who are often right wing
“pro-life” activists) feel the very pain which they would impose upon women who
are seeking abortions.
Rational
Gun Laws
After discussing intentionally draconian gun laws, it
is important to conclude with a platform of rational gun laws. Unlike anti-abortion
activists, who simply live within the binary choice of banning abortion,
supporters of gun-control must suggest rational laws to regulate firearms. Here
is a short summery of my ideal gun-control regulatory regime:
1. Nobody
with a felony record, mental illness, pending criminal charges, or place on the
terrorist watch list is allowed to buy or carry guns within the United States.
In addition to these restrictions, nobody under the age of 18 should be allowed
to own a gun and nobody under the age of 15 should be allowed to operate a gun
(even with parental consent/supervision).
2. No
guns are to be allowed in the following locations: Religious institutions,
schools, government buildings, national parks, places where alcohol is
sold/consumed, sports stadiums, large public gatherings, political rallies/voting
location, or any areas which have large numbers of children (zoos, amusement
parks, playgrounds, etc.).
3. Before
buying a gun, an individual must pass a psychiatric evaluation (with federal
standards), and be certified competent in the safe handling of a firearm
(identical to a driving test for the right to drive a car). The results of
these tests will be confidential and not used in any capacity other than
determining whether an individual has the ability to safely handle a firearm.
4. The
only guns which are legal for civilians within the United States are
bolt-action rifles, scatter-guns (shotguns/bird-rifles), and non-automatic
pistols (revolver or semi-automatic). Any individual seeking another type of
gun may attempt to buy one, but only after submitting a written statement to
the federal government, describing the exact purpose and need for such a
firearm (ex. private security personnel may require assault weapons for
overseas government contracts).
5. All
legally sold guns must have their barrel striations and firing pin imprints
logged and registered to the government; any intentional alterations to these components
should be a felony and result in an immediate loss of the right to carry a
firearm.
6. Straw-purchasing
and the personal sale of firearms without disclosure to the government should
be a felony. If a gun is stolen, the legal owner has 72 hours from the
discovery of the theft to report it to the police, or they will lose their right
to own a firearm for a minimum of a year and will be subject to a fine.
7. All
ammunition sales should require identification and should be immediately
reported to the government. In addition to this reporting, there should be caps
on ammunition sales, both on the number of bullets which can be bought in a
single instance and on the number of bullets which can be bought per year; gun
ranges and professional shooters are exempt to these limits, but only after receiving
a federal waiver.
8. No
extended magazines or specialty ammunition are to be allowed for civilian use
(tracer, explosive, sabot, etc.); a waiver can be obtained for this restriction,
but only after a written application is submitted to the government, and the
individual has been certified in the safe handling of the ammunition (ex. if a
movie crew wants to use tracer rounds for a scene).
9. Without
receiving a federal waiver, no individual may own more than three of a single category
of firearm (sidearm, rifle, or scatter-gun), putting a cap of nine guns for
each individual. If an individual wishes to obtain more than three of a single category
of gun (hunters, collectors, etc.), they must be evaluated and approved by the
federal government.
10. When
storing a firearm, it must have a trigger-lock (fingerprint based, if possible)
or be stored in a secure location (locking drawer, lockbox, safe, etc.). Any
violation of this regulation which is discovered by authorities will result in
a fine or loss of the right to own a gun for a period of time.
In order to ensure that
there is no race to the bottom for gun control, these regulations should be
based in the federal government. Any state which wished to further restrict gun
rights should have the right to do so, but the above regulations should create
the federal baseline for American gun laws.