The Second Amendment to the Constitution of the United States reads “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.” It seems simple and straight forward. Unfortunately, the wording/grammar itself and the multiple attempts to interpret it throughout history have added layers of intended and unintended legal, academic, and emotional complexity.

After reading a sampling of the various positional arguments and scholarly discussions, as well as the documents leading up to ratification of the Amendment itself in 1791 as part of the Bill of Rights, it appears to me that the current entrenched and strident  argument on gun control comes down to two fundamental questions: (1) Was the Amendment created to protect a strong state militia or was it created to ensure an individual’s right to own a firearm? (2) Can we protect the constitutional freedom to bear arms and still accommodate restriction and regulation on that freedom?

My answer, and that of many scholars, to the first question, is “both”. Based on the historical record and the documented discussions leading up to the 2nd Amendment, it appears logical and straight forward that the Founding fathers meant to include both options in the Amendment. However, to me, they are separate and distinct intentions and are not intertwined or interdependent as many interpretations imply.

The intent was to assure that (a) all citizens of the United States had and should always have the right to “bear arms” (i.e., to own and use a gun;) and (b) that each state should have the right and the responsibility to maintain an equipped and trained militia. While these two intents may have been linked by practice and experience in the 18th century, they are not so in the 21st century. Therefore, for me, how we handle one does not necessarily strengthen or weaken the other.

In reading the Constitutions of some of the states, there emerges a pattern that supports the separation of these two Constitutional intents. In their support of the 2nd Amendment, several states (e.g., Virginia and New York) added the qualifying requirements that said state militias should be well trained and regulated. Perhaps the Articles of Confederation make it the most clear in stating “ …every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.” 

It’s true that the Founding Fathers likely envisioned that all citizens owning firearms would know full well how to use them, and would be willing and expected to “step up” to the defense of state and country when called upon – to be the necessary militia. But as more states joined the Union and our society evolved, it is also true that the vision evolved and became more sophisticated – the distinction between an individual owning guns for protection of family and property and the maintenance of a strong, trained, and well-regulated state militia (i.e., National Guard Units) became much clearer; and both are supported by the 2nd Amendment. However, they are not necessarily meant to be the same beings in the same space and time.

So what of our tolerance for regulation on the individual freedom to bear arms? One, I don’t believe there was never the intent to regulate or control the right to bear arms. Nor do I believe that the freedom and right to bear arms will be eroded if regulated in any way. We continue to have free speech, yet regulations on that right have evolved over the years based on common sense and public safety: we can’t yell “fire” in a crowded theater when there is no fire; we can’t incite violence without consequence; we can’t libel someone without being held accountable. And we continue to have tremendous latitude on speaking freely, which we defend vigorously.

Conclusion? We can maintain our adamant support of the 2nd Amendment while defining and implementing sensible regulation on gun ownership. I am a gun advocate and gun owner. Raised on a ranch, it would not occur to me to be without one or more guns for protection against the uncertainties and challenges of life; and to know how to safely use them. Similarly, it would never occur to me to stockpile weapons, own and use assault weapons, or utilize large capacity magazines. All those things are part and parcel of our trained and equipped state militia and national military; and I definitely expect them to have, and to use, such weapons when called upon to exercise their responsibilities. 

This thought process results in my failure to understand two things: (1) why anyone would think banning gun ownership among our citizens was in support of our Constitution, and (2) how anyone can reasonably defend the right of our citizens to own military-grade assault weaponry.

Regarding recent events in Sutherland Springs Texas the perpetrator, Devin Patrick Kelley, had an assault weapon with large capacity magazines (a Ruger AR rifle with a 30-round magazine). President Trump noted: “If the neighbor who confronted the gunman hadn’t had a rifle,” Trump said, “instead of having 26 dead, you would have had hundreds more dead.” However, we must also note – if Kelley hadn’t had assault weaponry and large capacity magazines, far less people in that church would have likely been killed and injured before the gunman was brought down. Further, had Stephen Willeford, the hero who brought down Devin Patrick Kelley, not been a trained NRA instructor, his use of the weapon might not have been so measured, and others may have also been inadvertently injured or killed. 

We have the framework of reasonable and logical gun ownership regulation in many states – background checks, prohibition against ownership under conditions such as having mental health issues, being a felon, etc., and requirements to undergo training before being allowed to take ownership of the weapon. These regulations need to be in place in every state and they need to be rigorously and consistently enforced; and applied to both the public and private sale of guns. We need to build on these regulations by immediately banning the private ownership of assault weapons, bump stocks, large capacity magazines, and silencers. These items cannot be logically justified for private ownership in a strong democracy with a stable political system and a standing state militia and national military.

These are the basic steps to good governance for the safety of the populace and strong protection of the 2nd Amendment. It’s time to stop the rhetoric and partisan hard-lining, and get about doing the business of the people for the protection of both the people and the Constitution.

NOTE: This posting was edited from the original to clarify terminology re “Automatic” weapons and “assault” weapons; and to note that Stephen Willeford also owned and used an AR-15 rifle in bringing the shooter down. The original posting identified Mr. Willeford’s weaponry as a basic hunting, non-assault rifle rather than an AR-15;  and failed to note that he was a trained, former NRA instructor.