Blogs » Granting Certiorari » No Second Guessing the Second Amendment


In Texas most agree that beans have no place in our chili and a gun belongs on our belt. But when some of us decide to use our peacemakers to make headlines by shooting from vehicles and at one another, my attention turns to our Bill of Rights and the great responsibilities and restraints that come with the rights conveyed within it.

When mom and pop’s covered wagon was being circled by Apache’s they were sure thankful that our founding fathers gave them the right to bear arms, but I wonder if the people of Cuero who were affected by the recent drive by shooting are second guessing the accessibility and availability of firearms today? Would they turn their pistols over to prevent any future drive-by shootings?

Today’s Texan usually finds his or herself armed with an iPhone more often a 9mm and settling their disputes in front of a jury versus on a dusty street at high noon. But for the ones that keep their gun close most would gladly give you their wireless device before their steel. It is an awesome power to be able to protect yourself against hoodlums, crazies, or even your own government.

The intention of the 2nd Amendment was for the people of Texas and all the states, to be able to defend themselves, rather than settle scores, intimidate or promote criminal activity. The 2nd Amendment may well be the reason why America “works” and banana republics have a military coup every third Wednesday. On the other hand the 2nd Amendment is also the reason we have drive by shootings like recently in Cuero, so clearly this freedom is flawed. Justice is rarely black and white, and commonly articulated with theoretic scales to weigh one side versus the other; and in the case of the 2nd Amendment I trust the scales are tipped in favor of the right to “keep and bear Arms” even when I read about the crimes and tragedies that result from the irresponsible abuse of this right.

If I lived on the street that the recent drive-by shooting occurred I may for a brief moment question the merits of the 2nd Amendment, but we should be careful not legislate our rights away because of fear. The founding fathers believed having an armed public would prevent the government from becoming corrupt and oppressive; maybe that thought is outdated; or maybe, like you and our founding fathers, I would rather keep my rights intact and not find out what may happen to a disarmed public.