By Lindasue Smollen
I want to thank Mr. Arnold T. Guminski (April 30 Guest Opinion) for helping me accomplish one of the goals of putting up the billboards – to get the debate and dialog going. However, his position and logic are seriously flawed. He seems to tout himself as a constitutional scholar (and former member of the LA District Attorney’s office), but his overall view seems to be that the ‘world is flat and don’t try to convince me otherwise’. So it is unlikely this response will sway him. But for people with an open mind on the subject, here is my response.
It is hardly counter productive to point out that the Second Amendment was drafted in 1791. It is outdated and antiquated and needs to be rewritten. Yes, I said it.
The U.S. Supreme Court decision in District of Columbia v. Heller did expand individual rights with respect to firearms. But it also came with caveats. The opinion suggests that bans on carrying concealed weapons are lawful, as are prohibitions of firearms by felons and the mentally ill. Bans on guns in schools and government buildings were deemed lawful, as are bans on “dangerous and unusual weapons.”
Reasonable gun control, reasonable restrictions are not restricted by the Second Amendment. There now exists restrictions on firearms. One cannot possess a hand grenade, nor a missile launcher. You must apply, and be approved for a concealed weapon permit. One cannot go into a courthouse, sports arena, airport, or school with a firearm. These are restrictions, and they are reasonable restrictions.
Why not treat gun ownership similar to that of a obtaining a driver’s license and car ownership: you must take a test, you must pass the test, you must maintain a current license with a current address and renew every few years. When you buy a car, you must register it, pay a tax every year on it, keep the registration current, and have liability insurance. A car can be very dangerous and the government mandates that if you want to avail yourself of that right to travel, then you must comply with reasonable restrictions.
Why not tax bullets as we take gasoline?
Canada has a federal licensing system – Possession and Acquisition License (PAL) – that involves a variety of background checks with a minimum of a 28 day waiting period for new applicants, and requires that the person take a safety training course. You are required to provide personal references who can vouch for your character, and you must renew the license every five years. It is not perfect, but sure makes sense. They are reasonable restrictions. The Colorado Supreme Court recently banned large capacity magazines for automatic weapons, and they cited both Columbine and the Aurora Theater executions. It is a reasonable restriction.
Assault weapons do not belong in a civilized society. They are weapons of war. They are not used for hunting, and hunting weapons are not used in war. How do you know if the person walking down the street with an AR-15 strapped to his chest is a good guy or a bad guy? Is it a sign of mental illness that they feel the need to walk into a store with an AR-15? One could argue yes indeed it is. It is these people that refuse to believe that the Second Amendment indeed allows for restrictions. It is unfortunate that Mr. Guminski feels the need to defend these zealots. As a Boulder resident, one would think he would take a seat during this argument after the executions at King Soopers. And let’s call it for what it is: it is not a mass shooting or a mass murder, they are executions. Let’s use that word from now on.
And for those who say ‘what about knives, they are dangerous and can kill?’ I will go on record saying that I oppose any device that can fire multiple knives per minute.
My right to the pursuit of life, liberty and happiness should not be trampled upon by a gun zealot. I am guaranteed that right. The Second Amendment is 32 words long and refers to a “well regulated Militia”, and they had regulations in mind when drafted by the clear use of the phrase “well regulated”.
Thoughts and prayers have not worked very well so far. If they did, we would not have these weekly executions. And so if it means redlining the Second Amendment, let’s do it.
Lindasue Smollen is a trial attorney in Colorado, and has been since 1982.
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May 07, 2021 at 01:43AM
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Guest Opinion: Lindasue Smollen: My billboards are working - Boulder Daily Camera
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