Guest opinion: Todd Buchanan: Students need to get properly angry

2022-07-23 06:19:27 By : Ms. Jessy Pan

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In 1975, when I was a senior at Boulder High, the student council sponsor, Wally Schneider, gave me an article titled, “Getting Properly Angry.” Wally had known me for three years and thought I could use some tips on political strategy and tact.

The issues I was passionate about did not compare to what students face today. Gun violence may be the most glaring example of how our society has failed its children, and why students need to get properly angry.

Students know they are not safe at school or any public setting. This is due in part to the injurious influence of the gun lobby.

Gun regulations alone won’t solve the problem, of course. Also needed are enhanced school security measures, expanded mental health services and a massive commitment to leave no child behind, or isolated. Students themselves are critical to this component.

Getting properly angry begins with getting educated on the subject, starting with Second Amendment law.

On June 23, in New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court ruled that the Second Amendment right to keep and bear arms includes the right to carry a concealed handgun in public for self-defense, and a New York law which required an applicant for an unrestricted public carry permit to demonstrate “a special need for self-protection distinguishable from that of the general community” was unconstitutional.

In 2008, in District of Columbia v. Heller, the court affirmed an individual’s right to possess firearms for self-defense, principally at home, as well as hunting and target shooting. The recent Bruen ruling extended that right to carrying a handgun in public.

In Bruen, the court further ruled that gun regulations must conform with the history of such regulation in the U.S.; no longer can a regulation be justified by “means-end scrutiny,” whereby it could be shown to be tailored to address a compelling public interest. (Of course, either approach can be bent to a predetermined outcome.)

Coming the same day the Senate approved modest but critical bipartisan gun safety legislation, Bruen seemed to offset that success. Yet, the ruling need not stand in the way of more sensible legislation, as indicated by the concurring opinions by Justices Brett Kavanaugh (joined by Chief Justice John Roberts) and Samuel Alito.

Kavanaugh, noting that 43 states employ objective “shall-issue” licensing regimes, wrote: “Those shall-issue regimes may require a license applicant to undergo fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements.”

Further, Kavanaugh included this clarification from Heller: “[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. [Footnote 26: We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.]”

Heller acknowledged, as Kavanaugh noted, the historical tradition of prohibiting “the carrying of dangerous and unusual weapons.”

Justice Alito, in his opinion, wrote: “Our holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess. Nor have we disturbed anything that we said in Heller or McDonald v. Chicago, about restrictions that may be imposed on the possession or carrying of guns.”

Unfortunately, 25 states have adopted “permitless carry” laws, which eliminate the need for a permit to carry a gun in public. The Bruen decision is a long way from permitless carry.

More gun regulation is still possible, including a national ban on assault-style weapons and high-capacity magazines. Such weapons are dangerous, even if not unusual. A previous ten-year ban on such weapons was too brief and narrow in scope. We need a permanent ban and a generous buy-back program. We need it today: It could be years before a comprehensive ban would render such weapons scarce.

Todd Buchanan lives in Eldora.

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