We don’t have to take their guns. They’ll just give them to us. Here’s how.
First of all, if you’re unfamiliar with the ACTUAL meaning and intent of the Second Amendment, you must get caught up by reading this deep-dive analysis into the Second Amendment; Article One, Section 8; The Militia Act of 1792; and the DC vs Heller Decision:
Security of a free State
The bottom line conclusion of that analysis is that in order to regulate non-military “keeping and bearing” of guns in the United States, the DC vs Heller decision must be overturned so that the words “Not infringed” no longer apply to non-military uses, such as self-defense, hunting, and entertainment. The actual Second Amendment in no way shape nor form addresses those non-military civilian uses for guns and thus should never have been used as a blanket permission slip enabling virtually anyone to purchase and keep guns at home.
If that path was taken, the problem still exists that there are too many guns out in the wild held by some “responsible” gun owners and by too many irresponsible gun owners and also by criminals. The US ratio of 120.5 firearms per 100 residents, up from 88 per 100 in 2011, far surpasses that of other countries around the world. 32% of Americans say they personally own a firearm according to the 2021 National Firearms Survey. This means that more than 81.4 million Americans own guns. There are estimated to be over 400 million guns in the United States between police, the military, and American civilians. Over 393 Million (Over 98%) of those guns are in civilian hands, the equivalent of 120 firearms per 100 citizens. The average gun owning American has 5 firearms, while nearly 22% of gun owners only have a single firearm.
That’s a lot of guns that can be used by good guys who become bad guys and by bad guys who buy or steal guns from good guys.
Simply banning guns A, B, and C are a good start, but all guns are specifically designed to kill, a bad guy simply needs to use guns D, E, or F to achieve the same goal.
So, what to do? The Gun Manufacturing/NRA lobby uses a propaganda tactic whenever a Democratic administration is in power that simply claims that “they’re coming to get your guns!” Of course, to date, zero Democratic Presidents have ever even suggested such a thing which means that this assertion is just pure propaganda designed to instill fear and drive up gun sales.
But here’s the reality: We don’t need to take their guns because the President has Constitutional authority which would compel many of those gun owners, if not most of them, to willingly surrender them.
“How?” you ask?
Well, first consider that the common argument among gun advocates is that “everyone is already part of the Militia by virtue of being a citizen.” Of course, that is 100% inaccurate as explained in the above referenced analysis. But if that’s their logic, then we can simply agree and move forward. Given that they believe that Unregulated Militias are 100% Constitutional, the President has the Constitutional authority to conscript every single gun owner in the nation to join the regulated military.
“To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;” — Article One, Section 8, Clause 12
“To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;” — Article One, Section 8, Clause 15
“To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;” — Article One, Section 8, Clause 16
Here’s how it would work. The President issues an order to conscript every member of the “Unregulated Militia” which means simply, if you own at least one gun of ANY kind, you are considered a member of the Unregulated Militia and are under conscription orders. You are ordered to report to the nearest military base WITH ALL OF YOUR PERSONALLY OWNED GUNS AND AMMUNITION and sign in with the Commanding Officer or his duly assigned representatives.
Congratulations! You are now an official member of the United States military and because you are a proud Patriot who wishes to defend the United States of America and its government and Constitution, you willingly have chosen to join this [military branch] and are now considered “Active Duty” where you will be sent as soon as possible into a conflict zone with the guns and ammunition you have willingly brought with you. You now have the opportunity to prove your Patriotism and love for this country by putting your life on the line “over there” to protect the lives of those you care about at home. So long as you are an active member of the regulated military or the Unregulated Militia, your term of duty will be determined by the President per Article One, Section 8, Clauses 12, 15, and 16 at his discretion.
Naturally, there will be those gun owners who have no desire to join the military and/or be sent into an active and dangerous war zone where they would be able to prove their Patriotism to everyone else. The good news is that there is a way they can choose to be exempted from this patriotic duty. Simply willingly surrendering all of their guns means they are no longer a part of the “Unregulated Militia” and therefore removed from the list and cannot be conscripted at that time. If this path is what a gun owner willingly chooses, he/she simply willingly of his/her own volition, surrenders all of his/her guns to the Commanding Officer and/or his duly assigned representatives and that former-gun owner can return home.
No one… repeat NO ONE… is “taking away their guns.” In this CONSTITUTIONALLY permitted paradigm, gun owners can choose to fight in a warzone with their guns or WILLINGLY SURRENDER those guns in order to be removed from the conscription list.
Of course, there will always be holdouts who make the conscious choice to ignore the conscription order and keep their guns at home, bypassing the opportunity to defend their nation and prove their asserted patriotism. For those citizens, they would be considered AWOL (Away WithOut Leave) and subject to all military laws that apply to absent conscripts (read: desertion).
The maximum punishment for a completed or attempted desertion with intent to avoid hazardous duty or to shirk important service is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years. For other cases, where the termination is terminated by apprehension, the maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years. Where the desertion is terminated voluntarily, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years. In time of war, death is a possible punishment. — 10 U.S.C. 885 — Art. 85. Desertion
Section 922(g)(6) of the GCA makes it unlawful for persons who have been discharged from the Armed Forces under dishonorable conditions to receive or possess firearms.
Therefore, if a conscript from the Unregulated Militia chooses to ignore the conscription order and refuses to willingly surrender his/her firearms, he/she will be considered a deserter under military law and sentenced to confinement up to five years and lose all rights to own firearms in perpetuity after the term of confinement is complete.
We do not have to take their guns away. The President has a Constitutionally protected path to compel gun owners to willingly surrender them or face punishment for the military crime of desertion if they choose to not use their guns to defend this nation they claim to love more than anyone else. This, in short, is how to begin putting the proverbial toothpaste back in the tube. All we require is a President with the bravery, fortitude, and patriotism to DO SOMETHING about the gun violence that steals upwards of 45,000 lives in the United States every year.
