It’s time US revisited gun safety laws

Sartaj Chaudhary
Master of Laws, University of Kent, Canterbury, England

"We are made wise not by the recollection of our past, but by the responsibility for our future," George Bernard Shaw

ALMOST all civilised countries around the world have incorporated 'self-defence' into their constitutions. The right to 'self-defence' is the right for individuals to use 'reasonable/defensive force' for the purpose of defending one's own life or the lives of others, including, in 'certain circumstances', the use of deadly force. The words 'reasonable and defensive' mean that the reaction has to be 'proportional' to the threat. International law states: "Justification does not make criminal use of force lawful; if the use of force is justified, it cannot be criminal at all!" 

In India, the Arms Act of 1959 covers all necessary aspects of law relating to the possession/ownership of arms and ammunition. The law of the land allows citizens to own and carry guns. Although, it is a privilege rather than a 'right enshrined in the Constitution.'

In Great Britain, firearm ownership requires a police-issued shotgun/firearm certificate. An applicant should have no criminal conviction and no history of depression, mental or nervous disorder. An applicant must also demonstrate a 'good reason' as to why she/he wishes to own a firearm. Handguns, automatic and semi-automatic weapons have a blanket ban. Only very few farmers and sportspersons are allowed to own guns. The British enjoyed lenient gun laws prior to the Dunblane School massacre. On March 13, 1996, gunman Thomas Hamilton walked into the Dunblane Primary School near Stirling in Scotland and killed 16 children and a teacher before turning the gun on himself. Dunblane remains the deadliest mass shooting in British history. In response to the ghastly incident, two new Firearms Acts were passed — which significantly restricted private ownership of firearms in Great Britain.

In the US gun laws vary by state, although the Second Amendment to the United States Constitution protects the right of the people to 'keep and bear arms'. It states, "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." The National Rifle Association (NRA) of the US is one of the most influential groups in America. It has both the numbers and the dollars. It has more than five million members and an overall annual budget of $250 million allocated to educational programmes, gun facilities, membership events, sponsorships and legal advocacy. In 2016 alone, the association spent $4 million on 'lobbying' and 'direct contributions' to politicians and more than $50 million on 'political advocacy' and a further $30 million to 'help' elect Donald Trump. The NRA relentlessly opposes any proposals to strengthen firearm regulations both at the federal and state levels.

To obtain an arms licence in almost all the civilised countries, one has to go through rigorous scrutiny and multiple checks — as it should be. The US population stands just short of 324 million. The Congressional Research Service recently concluded that there are 'more than 300 million guns in the US', which roughly means that there are 90 guns per 100 residents. 

In a recent interview, former US President Barack Obama admitted that his failure to pass "commonsense gun safety laws" in the US remains the greatest frustration of his presidency. He vowed he would keep trying in the future, but sounded neither confident nor hopeful. It is indeed a tall task to wish for. Even if a gun control Bill was to make it to the Senate, the rural-urban divide is humungous. Anti-gun big-city voters are far outnumbered by the rural, pro-gun sentiment ones. 

During Obama's first presidency, after the Sandy Hook Elementary School shooting of December 14, 2012, it appeared for the first time that the efforts to strengthen gun-purchase background checks had significant, impartial support in the Senate. However, because of an extremely powerful lobbying effort by the NRA, the bill received only 56 votes — four short of the mark necessary to make amendments. 

Last week, an expelled former student, Nikolas Cruz, armed with a deadly assault rifle unleashed terror in a Florida high school, killing 17 people. It has sparked the anti-gun debate once again. Politicians will assure the public and promise to change the gun laws when the "time is right." President Trump has played his part by condemning the incident and by sending heartfelt condolences to the families of those who lost their loved ones. Although, like so many incidents in the past, "this too shall pass!"

President Trump came up with the brilliant idea of arming schoolteachers. Wouldn't it be much easier to make it difficult for such lethal weapons to land in the hands of such depraved people? America must understand that guns will kill indiscriminately for they do not have the power to think, to differentiate between right and wrong. But we do! High time responsible citizens raised their voice and demanded background checks and a ban on all auto and semi-auto weapons. 

It is time for the Americans to introspect. America has lost over 1.5 million civilians due to gun-related incidents since 1968. The number is much greater than the soldiers lost in actual warfare.