Ever since my late friend Tony Scalia decided that the 2nd Amendment protected the personal ownership of guns, Gun-nut Nation has been falling over themselves reminding everyone that any attempt to regulate gun ownership is an infringement of their 2nd-Amendment ‘rights.’ Now the fact that a Constitutional Amendment isn’t a ‘right’ of any kind, so what? It still sounds good.
Meanwhile, the Scalia opinion does create some problems for Gun-control Nation because the last thing that any liberal wants to be accused of, is being against the Constitution. After all, wasn’t it a very liberal Constitutional scholar, Sandy Levinson, who reminded us liberals that if we want to use the Constitution to protect free speech, we also have to use it to protect private ownership of guns?
But it occurs to me that in all this talk about what the 2nd Amendment means or doesn’t mean, there’s one thing for sure that it doesn’t cover. Nowhere in the Constitution can we find the slightest mention of ammunition, and since it’s the ammunition which is what really causes all those gun injuries every year, who cares about whether or not everyone can walk around with a gun? Just ban the ammunition for those guns; there’s absolutely no Constitutional protection for ammunition at all.
Hey, wait a minute! How can you have a gun without ammo? How can you use a gun without ammo? I play around and shoot unloaded guns all the time. Last night I was watching one of my favorite movies, The Usual Suspects, and every time that Kevin Pollak (Hockney) or Stephen Baldwin (McManus) stuck his gun in someone’s face, I raised my Sig 226 and shot the guy dead. I have probably pulled the trigger of my Sig or my Colt Python thousands of times sitting on my couch and nobody’s ever gotten hurt. You show me a gun-nut who doesn’t dry fire his guns all the time and I’ll show you a gun-nut whose wife made him sell all the guns.
If you take the trouble to read Scalia’s Heller opinion, you’ll note that he makes a distinction between guns that have always been found in the home, as opposed to ‘unusual’ weapons; i.e., weapons of war. The former are protected by the 2nd Amendment, the latter not. So, in making a somewhat arbitrary definition of civilian versus military arms, his opinion rests on what he and other conservative judges call the ‘originalist’ interpretation of legal texts. But when it comes to the ammunition used by these so-called personally-owned guns, the argument falls flat on its face.
The most popular ammunition caliber currently sold to civilians who own all those self-defense guns is the 9mm caliber, sometimes called 9×19, sometimes called 9mm Luger, but whatever it’s called, it was designed specifically for military use. The inventor of this caliber was Georg Luger, who also happened to be the inventor of the Luger pistol, a.k.a., the P-08. The gun and the ammunition were standard issue to the German Army from 1900 until 1943.
Want the second most popular ammunition caliber? It is probably the 45acp round that was developed by John Browning for his Colt 1911 pistol, the military sidearm for the U.S. Army until 1976. Both the 9mm and 45acp calibers were developed for one reason and one reason only – to give soldiers and other armed forces a highly-lethal round that could be carried in a handgun. Now if anyone out there wants to claim that ammunition developed for the sole purpose of killing human beings is a ‘sporting’ round, go right ahead.
It seems to me that if my friends in Gun-control Nation really want to get serious about reducing gun violence, they might consider coming up with a plan that will strictly regulate the ownership of ammunition because those products don’t have any Constitutional protection at all.
Of course, I can just see my Gun-nut Nation friends starting to yell and scream about ‘threats’ to their ammunition ‘rights.’ Good. Let ‘em yell and scream.