For millions of Americans the Second Amendment and its guarantee of the right of the individual to bear arms appears irrelevant and practically anachronistic. It seems a throwback to those earlier days of the Wild West, when many men, far from the law and order provided by the town sheriff and circuit judge, had to protect their families and land from cattle rustlers and outlaw bands. Such people are wrong.
If in our contemporary world the law fails to do its job of seeing that the guilty pay for their crimes, we take solace in the fantasy of extralegal solutions. We imagine that somewhere there is a Clint Eastwood on a metropolitan police force who uses some “magnum force” to see to it that the perpetrator of a crime doesn’t go unpunished. Or we want to think that there is a Charles Bronson occasionally roaming the streets of a large city at night fulfilling the “death wish” of the street criminal whom local law enforcement is not able to punish.
The crime once having been committed, it is some breakdown in the judicial system that prevents justice from being served. If only the law didn’t coddle the criminal or allow his defense attorney to use “loopholes” in the law, no criminal would ever escape his just deserts.
This popular conception of the legal system, law enforcement, and government, however, suffers from two fundamental flaws: first, it focuses on the legal process (and any supposed weaknesses in it) only after a crime has been committed; and second, it ignores completely the fact that it might be the government itself that is the potential perpetrator of crimes against the American citizenry.