The Man in Black

Suttons Bay, Michigan.

Waiting at the deli counter for my Pastrami on Rye, a new customer appeared.

He was a man in black with an open carry. Deadpan face and serious, he wasn't wearing a police or security guard uniform.

As this man in black stepped up, I stepped aside. As I moved quietly to the other end of the counter, the four deli workers' actions slowed to a stop, and dead silence took over. All casual conversation stopped. Fear seemed to seal our lips. This man in black wielding his open carry was controlling the entire situation. A chilling effect had set in.

For us, the clear and present danger test had been met. Why was this man in black "shouting 'fire' in a crowded theater?" ... His open carry was shouting out "beware of me. He was disrupting the civil environment and putting public safety at risk.

Why was this civilian wearing an open carry in a quaint, peaceful little town with its own local sheriff? In a county where the county sheriff's office and jail are less than five miles away? And where many people don't lock the doors of their homes at night?

The man in black's Second Amendment right to bear arms was trampling on the First Amendment rights to freedom of expression for the deli workers and myself. Gone was our casual conversation, and the confidence and security associated with friendly dialogue. The minority right of the man in back had suppressed the liberties of the majority.

Later, I pondered why I had not slipped away to the front of the store and manager's office to express my dismay and feeling of helplessness about this open carry? Why hadn't I shown some vigilance by requesting of the manager that this man in black leave the store, or at least exit the store to put his handgun in his car before returning to the deli counter?

Later, I also wondered in how many other places across America that another man in black was imposing his minority right on a majority of law abiding citizens?

Majority Rule and Minority Rights

A goal of our Founding Fathers in writing the U.S. Constitution and its amendments was to ensure the rights and liberties of all citizens. Our Founders strived for a proper balance between majority rule and minority rights, aiming to prevent the majority's will from dictating a forced solution for a particular matter of public policy.

Our Founding Fathers realized that decision making on a public issue might not yield the 'right' answer, but one that was "satisfactory" to all. The minority would have their say just like the majority. It was expected that individual citizens would sometimes be a part of the majority and sometimes in the minority. There would need to be sacrifices and compromise for the common good and in the public interest.

What Comes First

What came first, the right to bear arms or the right to freedom of speech and peaceably assemble?

If the presence of a person carrying a gun acts to suppress the free speech of a majority of people in a given situation, then hasn't the balance of liberties defined in our Constitution been jeopardized?

If a minority of Americans carry a concealed weapon or have an open carry, and the presence of such weapons alters the environment of our public places by heightening the prospects of violence, then aren't the rights of the majority being undermined? Haven't civil liberties been suppressed or removed?

When the Second Amendment supercedes the First Amendment right to free speech or freedom of assembly, then hasn't the Fourteenth Amendment been violated? All Americans have equal protection in public places, not just those carrying guns.

Let's look at the make up of America using our first and second amendments. The First Amendment represents the rights of all Americans, while gun ownership, including carrying a concealed weapon or open carry, represents a minority.

The Numbers Speak

According to the U.S. Census Bureau and last census, there are 312 million Americans living in 115 million households in the United States. This represents an average of 2.7 people per household.

Of America's 115 million households, 32 percent or 36.8 million households own firearms. This means that just under 100 million Americans live in a home where there are firearms.

Of the 310 million firearms in America , 20 percent of gun owners possess 65 percent of these guns. In other words, a very small minority own two-thirds of all firearms.

Quite simply, gun owners represent a minority in America's democracy. More specifically, the 36.8 million households that possess firearms, the 99 million people living in those households, and the 20 percent of gun owners who possess almost two-thirds of America's firearms do not represent a majority of Americans.

Biden Commission

As the Biden Commission on gun violence gets ready to announce its recommendations, one of its goals must be to address the current imbalance between the excessive power and force of gun owners as a minority over the majority of Americans who do not own firearms.

The Biden Commission must formulate a satisfactory, comprehensive set of measures that embodies the U.S. Constitution's principle of majority rules and minority rights. The commission's recommendations must make accountability by gun owners the driving force for these measures.