A Personal Position
Statement Regarding the Ownership and
Regulation of Firearms by Law-abiding Citizens in
American Society
Regulation of Firearms by Law-abiding Citizens in
American Society
By Loren L Fenton, DMin
©April 26, 2018
©April 26, 2018
1.
Personal Background: I am providing the
following information as a backdrop to the positions I express below in the
content of this statement.
a.
I was born and raised in the farm country of
Washington State’s Yakima Valley. I am nearly seventy-three years old at the
time of this writing, somewhat old-school, definitely “senior citizen.”
b.
I was the youngest of four siblings. Our mother’s
influence led each one of us children to “age-of-accountability” baptism and
membership in the Seventh-day Adventist Church
c.
As an adult, I served as an ordained minister in
the church for forty years. I retired in 2011. For an old farm kid, I was
blessed to receive an un-dreamed-of education, eventually completing my formal
studies in 1998 when I received my Doctor of Ministry degree.
2.
Personal Experience with Firearms
a.
My father owned two guns for hunting:
i.
A 12-guage Winchester pump action shotgun
ii.
A .30-30 Winchester lever action deer rifle
b.
These firearms were always part of our household.
My father owned them long before marriage and family entered his life and
continued to use them throughout the remaining span of his seventy-five years.
c.
My brother, who was two years older than me, received
a BB gun as a gift around age ten. He and I both learned to shoot using his BB
gun. When we ran out of BB shot pellets, we would sometimes open one of Dad’s
shotgun shells to get the shot from inside. I did this one time when a friend
from a Southern California city was visiting. He was terrified that I would
blow myself up, but I knew what I was doing. He didn’t need to worry.
d.
When I was in the ninth grade (age 14), I
received my first hunting license. Washington State law required first-time licensees
to attend several hours of gun safety instruction, and subsequently pass both
written and skills tests before being issued the license.
e.
Many years later, after my father’s death, I
inherited his 12-guage shotgun. This gun is still in our family, although I no
longer personally have it in my possession.
f.
In the mid-1980’s, because of my involvement in
wilderness horse pack trips into the high mountains, I purchased a short-barreled
.357 Magnum revolver, which I open-carried during our camping trips into the
high country. Later, I sold this firearm to a gun shop when I no longer needed
it
g.
I do not advertise whether I currently own or
possess a firearm. The only two people who know this for sure are my wife and
myself. However, as you can readily see from the above sketch, I am comfortable
around guns and ammunition. I do not fear them, but I do respect their
potential for severe injury or death if not handled with stringent safeguards
and safe practices
3.
Second Amendment Considerations
a. Here
is the text of the Second Amendment to the Constitution of the United States
(COTUS):
i.
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.
ii.
The Second Amendment text is the focus of examination
in this document.
iii.
The thoughts expressed below are my own. I do
not claim in any way to be a Constitutional scholar or authority on the Second
Amendment. I am not attempting to convince anyone else of the “rightness” of my
viewpoints. However, I do reserve the right to hold these views as my own
understanding. They are the product of much thoughtful consideration and
personal prayer for insight and understanding.
b.
Note 1: The primary
subject of this one sentence statement (the Second Amendment) is “the right
of the people.”
i.
Bear in mind that neither the original COTUS,
nor the “Bill of Rights” (the first ten Amendments), nor any of the seventeen
subsequent Amendments *create* rights for “the people.”
ii.
The underlying principle of “rights,” as
expressed in both the COTUS and the Declaration of Independence which preceded
it, is that “certain unalienable rights” are granted to all people by their
Creator, e.g. “life, liberty, and the pursuit of happiness.”
iii.
Thus, these already-existing God-given rights of
“the people” are simply recognized, codified, and protected by the full COTUS, including
the right to keep and bear arms as delineated in the Second Amendment, and
forcefully underscored by the ending phrase, “shall not be infringed.”
c.
Note 2: The central
purpose of this Amendment is “the security of a free State.”
i.
The meaning of “a free State” must be understood
in the context of the contemporary nation-states at the time this document was
written.
ii.
For thousands of years before the birth of this
new American nation, the social, political, and religious structures of human
societies everywhere were rigid, top-down, command-and-control hierarchies.
1.
In the European feudal system,
everything—including the land, products, natural resources, and even the people
themselves—were properties of the supreme monarch (a king or queen) who could,
and often did, rule with an iron fist. As Louis XIV of France infamously
declared, “I am the State!”
2.
The financial economy existed for one
over-riding purpose: to funnel wealth upward for the monarch’s sole determination
whether to benefit the subjects of the realm with generosity or to indulge the
capricious whims of self-centered power.
3.
Religious hierarchies mirrored the secular
nations in authoritarian governance, compelling adherence to centralized edicts
formulated by elite oligarchies and enforced by persecution, terror, torture,
and threat of excommunication.
iii.
The Founders of the new nation created a new
blueprint—a “free State”—in which people could breathe the air of individual liberty,
economic opportunity, personal ownership of land and property, and religious self-determination.
1.
President Abraham Lincoln eloquently expressed
the American ideal of a free State in the immortal words of his Gettysburg
Address: Four score and seven years ago,
our fathers brought forth on this continent a new nation, conceived in Liberty,
and dedicated to the proposition that all men are created equal.
2.
The COTUS was instituted as the foundational legal
document for the new federal government, not to control the people for the
benefit of the government or government officials, but to protect the freedom
of the common people to speak, assemble, worship, and pursue economic visions according
to their own personal choices.
d.
Note 3: The right to own and bear arms—by the
lawful citizenry of the nation—is “necessary to the security of a free State.”
i.
The Founders of the nation recognized that the
liberties—which they held belonged to the people by divine right—could only be
protected and preserved by establishing two distinct lines of defense:
1.
The legal provision, which they codified in the
COTUS, together with subsidiary laws throughout the judicial system, and
2.
Local practical safeguards against unwelcome intruders
threatening harm or creating danger.
ii.
“The people” themselves are, in fact, the
“well-regulated Militia” referenced in the first phrase of the Amendment.
1.
The “Militia” cannot refer to a national or
state military presence, because:
a.
Depending exclusively on government-controlled
military or police to safeguard local freedoms for every person in the nation
would
i.
Be literally impossible based on simple
logistics alone;
ii.
And would create the exact opposite of freedom—a
police state enforcing draconian, intrusive regulations dictated by an elite
few for the control of the many—effectively destroying the very liberties the
COTUS legally protects.
b.
The right of ownership presumes the right of every
citizen personally to protect his/her own property from theft or injury.
c.
The right to life presumes the responsibility to
protect and defend a one’s own life, as well as the life of family members, or
others known to be in imminent danger.
2.
Furthermore, the “Militia” cannot refer to rouge,
independent self-styled para-military groups whose purpose is insurrection or
overthrow of the government.
a.
These groups typically operate with extremely
rigid top-down, hierarchical command-and-control authoritarianism.
b.
The underlying philosophy of these so-called
“patriot” groups is indistinguishable from old-world and third-world
dictatorships imposing their world-view on all people under their influence and
control.
c.
Because of their primary modus operandi of authoritarian rule, para-military “militias” are
the very antithesis of government “of the people, by the people, and for the
people.”
3.
Since all laws (regulations) are about relationships,
the expression “well-regulated” does recognize the need for certain legal safeguards
pertaining to gun ownership, designed to foster safety but still preserve
security and protect liberty for the greater good.
a.
Individuals posing an obvious danger to
themselves or others must be restricted, both legally and physically, from
possessing potentially lethal or harmful weapons, including but not limited to firearms.
b.
Gun safety instruction and practices, together
with hands-on training should carry the highest priority for anyone involved in
using firearms at any level or for any purpose.
c.
While background checks are a helpful method of
filtering gun purchasers for safe and responsible ownership, they must never be
imposed by government officials with the intention of abrogating the rights of
law-abiding, responsible citizens protected by the Second Amendment.
d.
Mandatory waiting periods following the purchase
of a firearm are also an effective and legitimate method of regulation. Waiting
periods are not new. They have been in place for decades but vary from
state-to-state.
e.
Regulatory laws are generally best created and
administered (enforced) at the state level rather than at the federal level. Normally,
state governments are closer to and more accessible to the people, and
therefore tend to be more responsive to their constituents.
f.
The above point (e) notwithstanding, I do favor
a national concealed-carry reciprocity law allowing holders of state
concealed-carry permits to legally cross state lines without inadvertently breaking
unknown state regulations.
e.
Note 4: Some thoughts about “infringement.”
i.
The Amendment states, “. . . the right of the
people to keep and bear Arms, shall not be infringed.”
1.
Infringe:
to intrude negatively through encroachment, undermining, or obstruction,
resulting in diminished privilege, power, or presence.
2.
By using a double negative construction in this
phrase, the Framers provide the most powerful message possible: Intentional, vigilant
safeguarding of this “right of the people” as a means to establish the security
of a “free State” was—and remains—a critical element for success of the nation.
ii.
As I outlined above (Section 3, d, ii), “the
people” i.e. common citizens living under the laws of the “free State,” compose
the “well-regulated Militia” referenced in the Amendment.
1.
“The people” are the ones who hold the right “to
keep and bear arms.”
2.
Thus, any illegal
infringement of this and other rights is, in fact, an unwarranted imposition of
outside control on the people themselves and constitutes a violation of “free
State” liberties.
3.
Illegal infringements could originate from several
possible sources.
a.
Overly-aggressive bureaucrats working at any level
of government.
b.
Widespread waves of knee-jerk legislation following
tragic events given high-visibility in both commercial and social media.
c.
Lynch-mob hysteria during riots or severe social
disturbances.
d.
Personal attacks such as muggings, armed robberies,
home invasions, terrorist assaults, etc.
4.
The people’s defense against illegal infringements
is three-fold:
a.
The legal defense through the duly established
court systems and processes.
i.
Lawsuits and prosecution of offenders.
ii.
Defensive legislation enacted to preserve all
the rights and privileges of “the people.”
b.
Police presence for protection of lives and
property, and for enforcement of legally enacted laws pertaining to the peace, safety,
and preservation of every individual’s rights.
i.
While every community and political entity has
some form of police protection, law enforcement officers cannot possibly be “in
the right place at the right time” in all conceivable situations.
ii.
The role of the police is to provide tactical,
timely reinforcement for the primary defenders of personal rights—the people
themselves.
c.
Immediate defense in the case of personal
attacks.
i.
The Framers of the COTUS certainly recognized
that personal attacks most often come without warning, and thus provided for
emergency, immediate, on-site defense of lives and property by victims of such
attacks.
ii.
“Arms,” as referenced in the Amendment, is a
general expression which can include firearms, knives, swords, or any other
weapon available for personal defense.
iii.
Limitations on “arms.”
1.
The Bill of Rights (Amendments 1-10 of the
COTUS) were ratified and became law on December 15, 1791.
a.
Included, of course, was the Second Amendment, erecting
a legal wall against infringing the right of “the people” to keep and bear
arms.
b.
Over the course of the subsequent 226+ years
there have been several legislative attempts to limit or clarify the scope of
the Amendment and determine its true purpose and legally correct application.
c.
The most recent ruling by the Supreme Court
(SCOTUS) was in 2008: “The Court ruled that the Second
Amendment to the U.S. Constitution confers an individual right to possess a
firearm for traditionally lawful purposes such as self-defense. It also ruled
that two District of Columbia provisions, one that banned handguns and one that
required lawful firearms in the home to be disassembled or trigger-locked,
violate this right.” (Source: https://www.loc.gov/law/help/second-amendment.php)
2.
Currently, there are numerous existing laws banning
certain types of firearms and firearm modifications.
a.
Examples include
i.
Fully automatic assault rifles.
ii.
Sawed-off shotguns with barrels less than 18
inches and an overall length of less than 26 inches.
iii.
So-called “bump stocks” have been ruled illegal
in some States recently, but not at the federal level.
b.
As noted above, however, state-by-state gun
regulations vary widely.
c.
A listing of both federal and state regulations
can easily be researched online.
f.
Note 4: To summarize, I believe the following
about personal gun ownership and usage in America:
i.
The right of the people to keep and bear arms is
a core component of liberty under the COTUS and cannot be infringed without
causing severe negative impacts on a free society.
ii.
Nevertheless, there must be appropriate and
necessary limitations to that right, with the sole purpose of ensuring public
safety, but without compromising the security of the “free State.”
g.
Note 5: The “Christian” Connection
i.
I am a Christian. Period. Full stop.
1.
I say this without hesitation or reluctance in
any way.
2.
As I noted above (Section 1, b) I was raised as
a Seventh-day Adventist, and I served forty years as a minister in the church.
3.
I accepted Jesus Christ as my personal Savior
and Lord when I was sixteen years old. I believe in salvation by grace through
faith in God’s free gift of eternal life
through the life, death, and resurrection of Jesus.
4.
I believe the Bible forms the ultimate
foundation of faith and practice for Christians. The Bible (all sixty-six books
in both Old and New Testaments) provides moral instruction with examples of
great successes and cataclysmic failures, teaching human beings how to live in
relationship to both God and other people.
5.
In college I studied as a theology major, and in
my formal academic studies I acquired a B.S. in Theology, an M.Div (Master of
Divinity), and a D.Min (Doctor of Ministry).
a.
I recognize that many of my colleagues who have the
very same educational background and training as my own may not hold the same
views as I do regarding gun ownership and regulation. I respect their
conscientiously held positions, even though we may differ on several key
conclusions. To me, that is the very heart of what it means to live in a “free
State,” a privilege which I hold sacred, and which I cherish deeply.
b.
I have listed my education experience here
simply to illustrate that my thoughts are not expressed in a vacuum. I have
spent many years reading and studying the Bible, religions, secular history,
governments, social movements, organizational practices, and many other
relevant subjects. My writings in this paper naturally reflect that background.
ii.
The Bible does not teach pacifism, but it does
condemn murder.
1.
The Sixth Commandment says, “Thou shalt not
kill” (Exodus 20:13 KJV), but the Hebrew word translated as “kill” in the KJV
is better translated “murder.” This is how it is rendered in the NKJV and other
more recent translations. “Murder” is the unlawful taking of human life.
2.
While the loss of human life by accident or
intention is indeed tragic on any level, the Bible is replete with incidents
when lives were taken yet were not counted as murder.
3.
In the Old Testament, God not only sanctioned
certain times of warfare, but often directly intervened for victory in behalf
of his people.
4.
In the New Testament, Jesus taught that even
hating someone was the equivalent of murder (Matt 5:21, 22), thus a violation
of the Sixth Commandment.
a.
It is worthy of note that while Jesus did teach
his disciples to “turn the other cheek,” he was not advocating a bland
milquetoast pacifism. Instead, he wanted his followers to refrain from trading
insult for insult in retaliation for real or imagined offences.
b.
The Apostle Paul echoed Jesus’ teaching in his
letter to the Roman believers when he wrote, “Never pay back evil for evil to
anyone. Do things in such a way that everyone will see that you are honorable.
Do your part to live in peace with everyone, as much as possible” (Romans
12:17, 18).
c.
Both Jesus and Paul, however, recognized that at
times evil people and evil actions must be met with strong—even
violent—resistance. (See Matthew 18:6; Galatians 5:12).
5.
Let us not forget that the God of the Old
Testament (YHWH) and the “Son of God”—the “Word”—in the New Testament (Jesus)
are one and the same. Jesus himself made this clear with his statement, “Before
Abraham was even born, I AM” (John 8:58 NLT).
6.
It is also notable that the highest commendation
expressed by Jesus in any of the four Gospels was regarding the faith of a
Roman centurion—an armed military commander of an enemy occupying force in
Israel. Jesus did not condemn the use or presence of weapons. At one point, he
even instructed his disciples to acquire them.
iii.
How, then, should an individual citizen—who also
happens to be a professing Christian—living in a “free State,” relate to the right to “keep
and bear arms”?
1.
Because *freedom* is the key component of this
question, no one should be compelled to exercise this or any other God-given
right. Liberty of conscience is paramount, and each person’s personal choice
must be respected.
2.
Conversely, those who do choose to arm
themselves for legitimate reasons (e.g. self-defense, protection of life and
property, etc.) must be given equal regard, both legally and socially, as those
who choose to not do so.
3.
Using the Scriptures as a guide, I see no
legitimacy for armed anarchy, rebellion, or attacks on governmental agencies.
Hence, although the Second Amendment is silent on its definition of “arms,” I
do not believe specific weapons of war (e.g. bombs, tanks, fully automatic
rifles, etc.) should be available to common citizens without rigorous vetting
to determine the purpose and intended use by other than active military
personnel.
iv.
In a sinful and often violent world, all
countries are compelled to protect their territory, citizens, and national
interests using armed defenses.
1.
This “wall of protection” is vital to the freedom,
peace, and well-being of any nation’s people. It is a sad reality of our
present world-wide condition.
2.
It is not “un-Christian” to value, respect, and
honor the brave men and women who voluntarily “stand on the wall” so that the
rest of us can breathe the air of liberty.
3.
The Christian’s hope—my hope!—is for a new
Earth, promised in the Book of Revelation with the vision of John, “Now the
dwelling of God is with men, and he will live with them. They will be his
people, and God himself will be with them and be their God. He will wipe every
tear from their eyes. There will be no more death or mourning or crying or pain,
for the old order of things has passed away” (Revelation 21:3, 4).
4.
There will be neither need nor use for “arms” in
the Earth made New. “Even so, Come! Lord Jesus!” (Revelation 22:20).
The End
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