The Right to Bear Arms: A View from Canada
By Tim O'Driscoll, AlterNet. Posted June 4, 2008.
The Second Amendment: Twenty-seven ill-chosen words, three badly-placed commas, one unrivaled legislative botch-up.The Second Amendment to the U.S. Constitution: Twenty-seven ill-chosen words, three badly-placed commas, one unrivaled legislative botch-up.
Being a Toronto-area lawyer, I certainly can't speak for the average Canadian on the subject of the Second Amendment; few of my countrymen, naturally, would have a clue as to its contents or that of its twenty-six siblings. I'd expect, though, that those of the informed few who read of a pending U.S. Supreme Court decision reacted as I did -- by taking off their mythical toques and scratching their heads.
In late June, the Supreme Court is expected to hand down its decision in District of Columbia vs. Heller. At issue in the case is D.C.'s handgun ban, the strictest of its kind in America. Struck down by the Appeals Court last year as violating the Second Amendment, the ban will now fly or die based upon the Supreme Court's interpretation and application of these twenty-seven words and three commas: "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."
Opponents in the gun-control debate ascribe very different interpretations to the amendment. To gun-control advocates, it is nothing more than the protection of a state's right to maintain a militia; to the pro-gun gang, it is nothing less than confirmation of an individual's constitutional right to own a gun.
Things certainly are different above the forty-ninth parallel. While we admittedly have our fair share of gun-control issues and controversy in Canada, at least our law-makers aren't faced with an arguable gun-ownership right being inscribed in our constitution in all-but-indelible ink.
Canada's current gun-control legislation -- which the Supreme Court of Canada upheld in 2000 -- contains harsh penalties for crimes involving firearms, and requires licenses to acquire and possess them. All guns must be registered, and handguns can only be owned by police, security officers, and approved target shooters and collectors. As you read this, the mayor of Toronto is waging an internet campaign, entreating Canadians coast-to-coast to sign an on-line petition for an extension of the ban to include the latter two groups. ......(more)
The complete piece is at:
http://www.alternet.org/rights/87042/