Gun Violence is a menace which is scathing the body politic of once unsurmountable super power, United States of America in the garb of an individual constitutional right. It’s an interesting facet that the American legalese earmarked by the firm support of the Law firm conglomerates in United States have taken up cudgels against the scourge and menace of Gun running and Gun violence in the besieged nation. The second Amendment of the US constitution contends and stipulates that the nation requires a militia in order to save the credentials of a free world and people need to bear arms in order to defend against lawlessness and excesses. Thus in a manner the constitutional stipulation takes recourse to individual rights theory where-in the constitution of America assures its citizens to bear arms in self defence as part of the freedom run of the great American nation and finally as an individual constitutional right for personal playing for keeps.
Twin cases of the order of the Miller case law along with the Macdonald case which were contested in the United States Supreme Court have gone on to strengthen the doctrine embedded in the US constitution’s second amendment where–in, the right of the individual to bear arms for self defense has been emboldened. Thus, there have been several case law in the United states which have strengthened the second Amendment jurisdiction. The rider for the state jurisdictions is that the myriad states have to maintain law and order regulations and a peaceful and controlled political culture and societal nom de plume without implicating the constitutional rights of the denizens of the United States of America.
Even President Barrack Obama shied away from declaring a ban from the American firmament where-in he contended that if an American citizen is staying at a residence which is on a highway and miles from the nearest Police Station then it becomes pertinent to allow the denizen from owning a gun in self preservation. Even harking back to the US culture, he also supported the cause celebre of the US culture which portends a right to an individual to own guns for personal safety and succor. Greg Lee Carter writes in his work, Guns in American society that, “it was President Obama who legalized the passage of Guns in the checked baggage category as far as domestic flights are concerned and apart from this, allowed the carrying of guns in the national Parks for security and stealth purposes and largely as an individual right.” Thus, in a manner, the grotesque nature of the gun Violence as is reflected by the carnage in Chicago over an independence day parade has myriad ramifications for the American nation and its people.
William Blackstone’s commentary on the Law of England also showers the coterie of the American nationals to bear arms but under a strict jacket of local statal and domestic laws in the interest of the sustenance of rule of law. The Commentary on the Law of England states that, “The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression
The quintessential American picturization which showcases the two cowboys, one being the sheriff of the county with his multiply and shiny decorated uniform and the other being an outlaw, is part of the myth and lore of the American nation. The manner in which the twin antagonists with a booty over the head of the crazed but dangerous outlaw is what American soft power used to be all about through the myriad and impressive depictions of the American wold west with the sound of the horses’ hoofs and the crack of guns. But, one need not relegate to the backburner that such scary and stylish but gory scenarios are the ones were part and parcel of a Western narrative where-in lawlessness and anarchy used to be the unwritten law of the land. But, as US traversed further down the Oregon trail, it so happened that posers were beginning to be raised against the role of free guns and gun violence in the besieged nation, which America has become now.
It can be surmised that the bizarre and grotesque rendition of unmitigated Gun violence in United States is adequately reflected in the portrayals of the Fourth Amendment, but the larger question of the day is that does the American executive have the verve, determination and the political will to silence the guns in the American nation and does Prez. Biden have the political acumen to tackle the Gun lobby which has always remained an unsurmountable task for the bevy of White House denominations since ages.
