The Sky is Still Not Falling

COUNTERPOINT THE SKY IS STILL NOT FALLING

By RONALD D. KRELSTEIN

Iwrite based upon my experience in helping to draft laws supporting the lawful use of firearms. For the better part of the last 50 years, I have been an active competitor in rifle and pistol competition. So, for my own selfish reasons, I have followed the development of Tennessee law about firearms, how and when they may be used, and the results that flowed from such legislation.

At issue is the legislature’s recent passage of the constitutional carry act. General Weirich has written a thoughtful article on the subject of “constitutional carry” or “open carry.” Much of what she says has merit. The ownership and use of any firearm, from pistol to long gun, imposes grave responsibility on the owner. Where I part company with General Weirich is when she argues that a permit makes a more responsible gun owner than another person who qualifies for a permit but chooses the “open carry” route.

The average recreational shooter has more marksmanship ability than the average police officer. The reason is simple: recreational shooters spend more time and money on honing their skills than does the average police officer. Just ask a member of the MPD Firearms Training Unit how difficult it is to get an officer candidate qualified. Some do not even know how to load a magazine for their weapons. And when it comes to competitive shooters, it is no contest at all.

To be sure, the MPD has had some very exceptional competitors over the last 50 years. The most recent to come to mind is Mike Rawlings our former director of the MPD.

As in every enactment of any law that favors the lawabiding gun owner, we are besieged by many “experts” who tell us that the streets will run red with blood. The late Justice Scalia put it concisely when he said, “there are some very bright people with bad ideas.”

Consider the following laws. First up is the one that was called “Make My Day” because it allowed the use of deadly force in certain situations and immunized the one using deadly force from any action by the injured felon or his estate. Tennessee Code Annotated section 39-11-622. If injury to property or to an innocent third person occurred, then immunity was removed. This obviously acted as an adequate safe-guard to prevent the reckless discharge of firearms. But there would be no workers compensation for the injured or deceased felon. Following enactment of this law, we were warned of the dire consequences that would follow. The streets would run red with blood, so we were told. Did not happen.

In 1989 two laws were enacted that outlined when a private citizen could use deadly force to protect a third person and when deadly force was authorized to make an arrest or to stop a fleeing felon. Tennessee Code Annotated section 39-11- 621 and Tennessee Code Annotated section 39-11-612. Essentially, these two enactments placed the private citizen on the same footing as a law enforcement officer. Thus, they overrode the Code Commission 1989 version that stripped the private person from using deadly force under the same circumstances as a police officer.

The Code Commission believed that such matters were best left to the police. The legislature thought otherwise. Congressman Cohen, then a state senator, championed both bills. Again, we were told that the streets would run red with blood. People who do not like firearms at all or for any purpose are true fanatics about the subject. Remember, a fanatic is one who has lost sight of his original goal but redoubles his efforts.

Now we have constitutional carry. As General Weirich notes, about 20 other states have similar laws. No blood on their streets. I agree with General Weirich that there is too much violence committed with or without guns. When teenagers are shot and killed during a botched attempted carjacking, who shares the blame? I submit that it is neither you nor me.

Finally, I agree with General Weirich that anyone who wants to own any type of firearm should seek out as much training and instruction as is possible and learn to be a responsible gun owner.

But in the meantime, the sky is still not falling. 