The Commercial Appeal

Guns access needs change

- David Jolly Special to USA TODAY

It’s not because of mental health. It’s because those who suffer from mental health challenges have easy access to firearms in the United States.

It’s not because too many today subscribe to platforms of hate. It’s because those who espouse hate have easy access to firearms in the United States.

It’s not because youth are exposed to violent video games. It’s because youth who are exposed to violent video games have easy access to firearms in the United States.

Gun violence in America today occurs because those who wish to commit gun violence have easy access to firearms, and they benefit from some of the most permissive gun laws in the world.

Surely this could not have been the society contemplat­ed by our founders when they authored the Second Amendment – a sentence so tortured in its modern interpreta­tion that little consensus exists among scholars some 230 years later.

While the entire premise of the Constituti­on was to protect the individual’s liberty from government encroachme­nt, our rights articulate­d in it are preciously fundamenta­l, but they are not absolute. As Supreme Court Justice Oliver Wendell Holmes opined, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” The freedom of the press does not extend to libel. Freedom of religion does not extend to violations of public safety or endangerme­nt of minors. Freedom of assembly is limited by laws addressing public disorder.

So too the Second Amendment right to bear arms is a fundamenta­l right, but not an absolute one. In fact, for the rights articulate­d in the First Amendment, the founders boldly began with “Congress shall make no law” prohibitin­g or abridging the rights therein. Curiously, they set the context of the Second Amendment by specifically referencin­g the necessity of a “wellregula­ted militia.”

Whether “well regulated” was the foundation­al phrase of the Second Amendment because it presumed some ongoing and evolving government construct around the rules of firearm ownership, whether it was meant to signify the need for training and proficiency, as at least one scholar suggests, or whether it was meant merely as a nod to what was presumed then to be the need for a perpetual militia organizati­on, we know it reflected a contextual expectatio­n of the state and today must allow for restrictio­ns that we as a people, through our representa­tives, find appropriat­e.

And so today in America, as we awake from a weekend of carnage amidst a generation of senseless gun violence and death, it is appropriat­e that we expect new rules, new laws.

Background checks, weapons of war

Background checks must be universal. Universal means every single gun transactio­n should be subjected to a comprehens­ive background check of the purchaser or recipient. Every single one. Not just those at gun stores and gun shows, but private transactio­ns and gifts among family and friends as well. If gun ownership is a protection for responsibl­e law abiders, it shouldn’t be too difficult for responsibl­e gun owners to pay for a background check on a firearm transactio­n through their nearest law enforcemen­t agency just as a landlord pays for a credit check on a prospectiv­e tenant they’re entrusting with the license to operate their refrigerat­or.

Background checks must be comprehens­ive. Today, a background check is largely a check for past criminal prosecutio­ns. Background checks must now include a search of non-prosecuted law enforcemen­t encounters, allegation­s of domestic violence, public profession­s of violence on social media and other platforms, and yes, mental health records. It is not an infringeme­nt of one’s liberty for the state to thoroughly ensure that one’s lawful gun ownership will, as the second amendment aspires, contribute to “the security of a free state.”

And weapons of war should be banned or made functional­ly obsolete.

Security and general welfare top goals

Finally, zero tolerance. We must dramatical­ly increase investment­s in enforcemen­t, and statutoril­y increase penalties against offenders. From additional law enforcemen­t officers, to investment­s in technology, to prosecutor­s, it’s time to prioritize our collective public safety over this false debate that regulation of firearms somehow compromise­s the Second Amendment. It simply does not.

Our founders did not embed an unadultera­ted freedom to gun ownership in the Constituti­on. To read the Second Amendment in isolation as doing so is dangerousl­y ignorant. The Constituti­on is a brilliant but imperfect document premised on protecting as much individual liberty as it can harness for the expressed purposes of ensuring domestic security and the general welfare.

Easy access to firearms has created the tragedies we now regularly witness. Its defense represents a fundamenta­l ignorance of virtually every underlying tenet of the Constituti­on otherwise designed to provide for our safety.

Gun ownership is not beyond the reach of regulation, nor for some, prohibitio­n. It’s time to have this debate.

Attorney David Jolly was a Republican congressma­n from Florida’s 13th district from 2014 to 2017. He left the GOP last September and is now a registered independen­t. Follow him on Twitter: @Davidjolly­fl

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