01/17/2001   English German

  Edition # 28  
San Francisco, 01-17-2001


Figure [1]: A handgun of the brand Smith & Wesson (Model 745).

Michael Let's get straight to today's main topic: Gun ownership in the USA, bang, bang! 86 million Americans own a total of about 240 million guns. In the US, the right to bear arms is enshrined in the Constitution. As mentioned in the previous newsletter, the Constitution of the USA has several Amendments. The first of these, freedom of speech, we explained last time with practical examples. The second Amendment, however, says:

"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."

Well, that's something! The constitution states that no federal or state law may restrict the ownership and carrying of firearms -- for the purpose, according to the founding fathers, to ensure that there is always a capable militia (citizens' defense force) that can defend itself against a government that goes rogue if necessary.

To understand the seemingly bizarre love that Americans have for their guns, which appears strange to Europeans, one must delve deeper into it. Defending one's own home or family against intruders, if necessary, certainly plays a role, but it is not always the primary focus. The American line of thought is that a true democracy allows every citizen to arm themselves and effectively dismantle potential oppressors, such as a military dictatorship.

Shortly after the abolition of slavery, blacks in the country were still not allowed to own or carry firearms. It was only with the Fourteenth Amendment, which was added to the Constitution in 1868, that it was established that former slaves were now federal citizens and therefore allowed to bear arms.

Most Americans deeply distrust the federal government in Washington--much more so than in Germany, where people are aware that politicians occasionally get involved in corruption scandals, transfer undeclared money to Switzerland, or evade taxes, but no one would assume that the next military coup is imminent. The extreme case here in the USA involves some fanatics in Montana who barricade themselves in fortresses, refuse to apply for credit cards or social security numbers, and spend all day jumping around in camouflage uniforms.

Therefore: "Every man be armed!" -- every law abiding citizen is allowed to buy a gun here at the store around the corner. In the Wild West, this was a necessity for survival; people would shoot first and negotiate later. Now, this regulation is, of course, impractical in modern big cities, as no one wants to be shot down by the next fool. Although it wouldn't be legal to get shot, it doesn't help much if you're dead.

Therefore, there are different regulations from state to state that restrict carrying firearms in public. For example, anyone who has been charged with or convicted of a crime is not allowed to carry a weapon. Mentally incompetent individuals, illegal immigrants, those dishonorably discharged from the military, citizens who have renounced their citizenship, or drug addicts are also prohibited from doing so.

These restrictions naturally contradict the constitution somewhat--and, as expected, cause constant disputes between gun enthusiasts on one side and alarmed citizens on the other. The latter have drawn their conclusions from massacres like the one at Columbine High School in April 1999 (15 dead, 184 injured) and are henceforth willing to make slight concessions to the constitution if it ensures the safety of their children.

For the average citizen, it is usually only prohibited to carry a "concealed weapon," a hidden firearm. Almost nowhere is one allowed to carry a pistol under a jacket--unless one has a special permit. Even then, government buildings, airports, sports stadiums, and similar places are off-limits. However, in one's own home or rented apartment and on one's own property, one can store and carry loaded weapons as much as one likes, as long as children cannot access them.

Figure [2]: NRA President: The actor Charlton Heston

Figure [3]: From the NRA store: "My president is Charlton Heston"

The interests of gun enthusiasts are represented by an organization called the NRA, the "National Rifle Association," which as of today has four million members. Those who want to stock up on baseball caps with the NRA logo or T-shirts and sweaters with clear inscriptions ("My President is Charlton Heston" -- the actor Charlton Heston (e.g., "Planet of the Apes") is now the president of the NRA) are referred to the NRA online store at http://store.nrahq.org/nra . At http://www.nra.org , there are also numerous stories to read about how armed citizens were able to prevent crimes at the last moment. In various books, experts argue about what actually leads to fewer crimes: readily available weapons, which might deter criminals from attacking people or breaking into homes because they would then have to expect armed resistance, or stricter gun control laws, so that criminals also find it harder to obtain weapons, resulting in fewer gun accidents -- and also preventing citizens from immediately wiping out their families if something goes wrong.

Figure [4]: Sign at the airport: Weapons on the plane are only allowed in checked baggage and must be declared.

You can easily buy various firearms at a gun shop. Rumor has it that even Walmart (a supermarket) sells weapons. Since it had become customary for robbers to first stop by the gun store and then the bank, laws were passed that imposed a waiting period of a few days for handguns. In contrast, you can get rifles immediately.

For a long time, people in America could buy firearms in stores as easily as beer and take them home immediately. This changed in 1981 when an event shocked the public: a madman shot at President Reagan with a pistol he had purchased shortly before. Although Reagan escaped with minor injuries, the bullet severely wounded his press secretary, Jim Brady, who was left paraplegic and confined to a wheelchair. Together with his wife, Sarah Brady, he then campaigned for a new law to prevent criminals from committing crimes with newly purchased firearms. Seven years after the proposal, which became known as the "Brady Bill," was introduced, and it was finally approved by Congress in 1993 and signed by President Clinton, who strongly supported the proposal despite strong opposition from the gun lobby.

Every buyer was henceforth required to fill out "ATF Form 4473," which, among other things, asks whether the person has a criminal record or has ever been in a psychiatric institution. If you check "Yes," you won't get the newly selected gun. If you check "No," the data is forwarded to the local police station, which is supposed to make a "reasonable effort" within the next five business days to find out through the driver's license office whether the potential buyer has a criminal record, is involved in ongoing legal proceedings, or has been officially noted for drug abuse or general instability. If the buyer is a law-abiding citizen of the USA, the approval comes after five business days, and the purchased gun can be picked up at the store.

In 1995, the Supreme Court upheld another gun control law: No weapons are allowed within 1,000 feet (approximately 300 meters) of a school. Nowadays, each state has its own gun laws, and sometimes even different counties follow different regulations.

In California, since October 1993, only people who can present a "basic firearms safety certificate" are allowed to purchase handguns. This certificate proves that the buyer has completed a basic course in handgun handling. After a waiting period of 10 days, the buyer may pick up the weapon from the store if the background check has cleared. In one's own home or office, the firearm may then be carried loaded and at will. Every gun dealer must have a sign in the store that reads, "If you leave a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison." Anyone who does not ensure that the weapon is securely locked in a cabinet will be fined or imprisoned if children gain access to it and cause harm.

In California, however, no handgun may be carried in a car or on the street without a special permit, which can be very difficult to obtain. A loaded handgun, in the glove compartment or under the seat, under the jacket or in the wasteband is a serious offense, punishable by jail in certain circumstances. Interestingly, the law does not prohibit carrying a gun openly, like in a holster as the Cowboys did in the Wild West. That seems to be allowed, although I haven’t seen anyone doing it in the city yet—but I wouldn’t be surprised!

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