Lawfully Unjust

The trial of the ‘Kenosha killer’ was recently concluded in Wisconsin with non guilty verdicts on all counts. The jury largely accepted the self defence justification put forward by the defence. There are clearly mixed feelings about the verdict and how this verdict could have been reached. The arguments will rage on and a lot of people will remain outraged while others claim it was a just verdict given the circumstances. There have been views given about missteps by the prosecution and the Judge’s general approach to the case. The case may be concluded but ill feelings engendered by it will be with us for a very long time. 

It is impossible to look into this case and not see that it feeds into the whole issue of gun ownership and use in the United States. It is impossible to legitimise common gun ownership and enact ‘open carry’ laws, and not expect that guns will become a means of focusing minds on fears and anxieties. The more people are encouraged to possess weapons the more likely those weapons will replace reflection and restraint when people are confronted with threats and challenges. It becomes more plausible to imagine danger to life when oneself is possessed of the means to take a life. And the simple truth is that guns are made with the sole function of causing harm and ending life.

Whether it is acknowledged or not, the thing White people in America fear the most is Black people. And it doesn’t make any difference whether the Black are actually dangerous or not. There is an inbred fear and a perception of Black people as angry and volatile that automatically makes white people fear for their safety. This is borne out in everyday interactions and it is what underlies law enforcement’s lethal approach to policing Black communities. When you throw gun ownership and a militarised police force into the mix you end up with the legally permitted murder of Black people. 

Troublingly Different

We can be of different gender, race, sexuality, ethnicity, faith, ideology, ability and yet still find things to unite us. We all want love, safety, security, health, shelter, and the best for those we care about. We have no right to deprive anyone of any of these things; and no one should feel entitled to deprive us of it. Unfortunately, individual mindsets and society itself are being conditioned to believe inequality is the just dessert of the underclass.

There are so many contradictions in modern day American society; and too few Americans are doing enough to confront them. America wants to be strong but it can’t abide the idea of free or universal healthcare. America wants to be wealthy but it continues to sow the seeds of disunity and conflict across its communities. America wants to be safe but it holds fast to the idea that unfettered access to guns is at the heart of being American.

Law enforcement in America claims that its many killings and shootings of Black people is in response to the threat they pose, and are perceived to pose to law enforcement officers. However, the one thing that would drastically reduce that threat would be gun control. There is no doubt that a reduction of personal gun ownership would significantly reduce the cases of law enforcement officers being confronted by armed assailants. Unfortunately, history has shown that this would probably not equivalently result in a reduction of police brutality on Black people. The incidence of unarmed Black people being violently confronted or killed by the police speaks for itself.

Since after World War 2 when people from Africa and the Caribbean were ushered into Britain to help with the rebuilding of the shattered nation; they have been confronted with being told to go back to where they came from. This is still a common occurrence across the United Kingdom. There is a core of British people who just hate the presence of foreigners. They just won’t ever be British enough for them. There is another section of society that sees diversity as a threat. They continue to stereotype people of colour even when the objects of their vitriol were born in the UK and are actually British citizens.

Prejudice and discrimination are learned traits. As much as individuals and groups are the perpetrators of the rough and harsh justice being dealt out to minorities; it is society and its institutions that have normalised and reinforced the oppression that minorities have had to endure and live with. There has to be some recognition that there will be no real change in people until social institutions themselves are reconditioned. Any calls to defund the police, reform education, restructure healthcare, refocus the justice system, or address institutional racism are not about shutting down the institutions. Rather it’s about redirecting policy and retraining organisations to better meet the needs of a changing society. Improvements are needed and it will take a lot of work to make them happen. However, everyone will need to trouble themselves to make the difference that is needed for things to get better for all people. I believe this is what the late John Lewis, the American civil rights pioneer called; making “good trouble”.

Guns are the Problem

courtesy @cagle.com

President Trump doesn’t think that this is the time to talk about gun control. If not following the worst gun massacre in America’s history I wonder when is. It may not be clear to Donald Trump but the National Rifle Association is not as interested in the welfare of American citizens as its lobbyists would like us to believe. The over thirty thousand people killed by guns in the last year suggests that something isn’t right. And it is possible that gun possession might be at the heart of the problem.

The American people have come to believe that constitutionally guaranteed rights are inalienable. I think the continued espousal of the second amendment rights means it’s time to challenge that notion. The second amendment was meant for a time when America was made up of isolated and unprotected settlements. The Wild West was a desperate time, it was every man for himself, and clearly gender equality was inconceivable. However, in the 21st century there is no rational reason to bear arms routinely. There might be a rational to take up arms in self defence but then one would have to be under threat. To be under that kind of threat one would have to be living in a failed state or a complete collapse of law and order.

There remain serious questions about the justification for not having more rigorous control of gun ownership. However, the real issue that is probably even more concerning is the mentality that drives Americans to believe individual gun ownership is required to ensure their personal safety and overall wellbeing. The idea that guns are needed to protect a way of life seems so completely out of step with modern day sensibilities. There is little or no evidence to suggest that even a significant number of people have required a gun for any form of self defence. Nor can it be said that open carry policies create anything other than an atmosphere of heightened fear and anxiety. It does appear that at this point in time gun ownership has created a less safe and more dangerous environment for all law abiding citizens.

Relaxed gun control regulation has led to the adoption of related policies  that have created an unsafe environment. ‘Open carry’ policies seem a clear provocation to aggression and intimidation. ‘Stand your ground’ policies certainly hark back to lawless frontier times. It almost appeals to some sort of wild eyed savagery that is reminiscent of prehistoric times. Access to semi automatic weapons is hardly a proportional response to a desire for self protection. It all comes down to a circular argument justifying gun ownership by citing protection against criminal entities. However, criminals are so well armed because of the free access to guns, legal or otherwise. This means it’s harder for law enforcement to contain criminal violence therefore making it necessary for individuals to own weapons to protect themselves.

An inalienable right should be one that is required for sustaining individual life and dignity; as well as protecting social order. Gun ownership in modern times cannot be said to meet that standard. The mentality that puts gun ownership above a right to life is one which suggests a slide towards stateless lawlessness. The onus for law enforcement and protection of liberty cannot be solely down to individual perception of safety. For as long as it isn’t possible to guarantee that owners of guns will use them responsibly there is a need to change the mindset that everyone should be entitled to own a gun. The enjoyment of shooting cannot override the threat of innocent people being shot and murdered without provocation.