Summary of 2nd Amendment & Gun Control Posts


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Rich Estes, one of my West Point classmates and with whom I more often than not agree on political issues, posted the following on Facebook today, saying, “… this pretty well sums up my understanding of the 2d Amendment. I’m interested to hear some rational, well informed comments, pro and con.”

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Thanks to The Knowledge Movement for sharing this...

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In response, I posted a summary of my blog posts here on the subjects of the 2nd Amendment and gun control.  Having done so, it occurred to me that re-posting that summary here might help others follow the discussion as well.  So, here it is:

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My first post on the subject was in 2008, shortly after the US Supreme Court decided in the Heller case and contrary to the interpretation contained in “What the 2nd Amendment REALLY Says”, that the “right to bear arms” is an individual right, independent of the establishment of any militia:

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https://freelegaladvice.wordpress.com/2008/06/26/supremes-uphold-individual-handgun-ownership-right/

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After taking a long break from blogging, I resumed in late 2012.  On December 29th, shortly after the Sandy Hook murders, I wrote in part:

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“… in the absence of an amendment to the Constitution modifying its terms, the Second Amendment means that the government (federal directly and state/local through the Due Process Clause of the 14th Amendment) has no authority to “infringe” (per Merriam-Webster online Dictionary:  “to encroach upon in a way that violates law or the rights of another”) on the right of individuals to keep and bear arms.  Period.  Not handguns.  Not rifles.  Not shotguns.  Not even “assault weapons”, regarding which, by the way, there really is no such thing.  When the federal government passed the so-called “Assault Weapons Ban” in 1994, Congress had to make up a definition of what constituted an “assault weapon” within the meaning of the law.”

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After discussing various gun control issues, I concluded: 

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“We should not be teaching our children to live in fear.  And, as horrific as were the events in Sandy Hook, the occasional occurrence of such events is one of the prices we pay … and must pay … to live in a truly free society.”

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The full discussion is here:

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https://freelegaladvice.wordpress.com/2012/12/29/what-now-for-the-second-amendment-gun-control/

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That discussion prompted a comments and questions by another classmate, Terry Atkinson, who’s opinions I value highly.  In response, I wrote a lengthy analysis of the language of the 2nd Amendment and what it meant at the time it was written:

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https://freelegaladvice.wordpress.com/2013/01/04/more-on-the-2nd-amendment-and-gun-control/

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I wrote there that my own “strict construction” interpretation of the 2nd Amendment would “… exclude from constitutional protection such weapons as fighter aircraft, naval ships and weapons, artillery pieces, napalm, nukes & other bombs, as well as even such lesser weapons as 50 caliber machine guns, shoulder mounted rocket launchers, flamethrowers, hand grenades and most other military-style weapons.”

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(As a side-note, I have since come to realize that the term “military-style weapons” is a poorly worded attempt to describe the kinds of weapons used by the military.  It is probably more useful to simply use the term “fully automatic”.)

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I also concluded there that “… a strict construction of the 2nd Amendment would also require that … the mentally ill, like convicted felons, can be thought of as not having any 2nd Amendment right to be infringed by governmental action.”

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Other gun-related discussions on my blog include:

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https://freelegaladvice.wordpress.com/2013/01/14/dispelling-the-myth-that-more-guns-more-murders/

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… in which I contend and explain the basis for the contention that:

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“… proponents of more restrictive gun control laws rely on a bald-faced lie to support their efforts to disarm law-abiding citizens.  That lie, of course, is the claim that possession of more guns by private, law-abiding citizens results in more violent crime and, in particular, more murders … and the corollary thereto, that reducing the number of guns in the possession of such citizens will reduce violent crime and murder.”

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This blog post motivated objections from classmate John Douglas, which led to an even more detailed discussion, which appears here:

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https://freelegaladvice.wordpress.com/2013/01/25/the-advocates-for-self-government-on-guns-gun-control/

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This post includes a number of contemporary (or shortly thereafter) historical references to the meaning of the 2nd Amendment, several of which make the point that the right to bear arms is as much for protection against the government as for any other purpose.  It also includes an analysis of gun violence statistics and their meaning.

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Other posts:

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https://freelegaladvice.wordpress.com/2013/01/19/assault-weapons-band-aid/

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… which is a discussion of why the 1994 so-called “assault weapons ban” was ineffective.

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https://freelegaladvice.wordpress.com/2013/01/25/the-advocates-for-self-government-on-guns-gun-control/

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… for the Libertarian view of guns & control.

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https://freelegaladvice.wordpress.com/2013/02/18/gun-control-and-your-right-to-defend-yourself-your-home-and-your-loved-ones/

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… regarding the use of firearms in self-defense and in cases of large-scale regional or national emergencies.

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https://freelegaladvice.wordpress.com/2013/02/18/no-one-is-coming-to-take-your-guns-yet/

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… on why we should be concerned about governmental confiscation of firearms.

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https://freelegaladvice.wordpress.com/2013/04/02/the-virtual-president-of-the-united-states-on-gun-control/

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… which discusses and links to the absolutely brilliant “Virtual President’s” state of the union address on guns.

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https://freelegaladvice.wordpress.com/2013/04/15/trashing-the-constitution-on-hbo-bill-maher-wrong-again-wrong-again/

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… a response to Bill Maher’s claim that “the Second Amendment is bullshit”.

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https://freelegaladvice.wordpress.com/2013/02/20/2nd-amendment-letter-to-the-editor-june-17-2000/

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… which reproduces a letter to the editor I wrote in 2000 regarding gun control.

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https://freelegaladvice.wordpress.com/2012/12/30/congressman-ron-paul-is-a-voice-of-reason/

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… on Ron Paul’s Libertarian take on gun control and personal security.

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… and finally:

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https://freelegaladvice.wordpress.com/2012/12/31/powerful-congressional-testimony/

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… a link to powerful congressional testimony about the 1991 Luby’s Cafeteria murders in Killeen, Texas.

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Would be happy to hear any response anyone might have to any of these discussions.

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The Virtual President of the United States on Gun Control


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This is absolutely brilliant.

Click here for Virtual President Bill Whittle:

Mr. Virtual President header

For additional virtual speeches, see the main page of the Virtual President here:

https://www.billwhittle.com/channels/mr-virtual-president

On that page, you can also sign up for “Virtual Updates”, so as not to miss future offerings of the Virtual President.  I did.

You can also download a pdf version of the text of the gun speech by clicking on the link on the site — or here:

http://www.mrvirtualpresident.com/sites/default/files/transcripts/SOTU2013%20GUNSv3.pdf

“No One is Coming to Take Your Guns” … Yet


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In an effort to re-assure people that stricter gun control laws are no threat to law-abiding gun owners, gun control advocates often say, “No one is coming to take your guns”.

Yet.

A recent example is a column published on Saturday, February 16th, by Sam Pollak of the Oneonta (NY) Daily Star:

http://thedailystar.com/columns/x1525014201/No-one-is-coming-to-take-your-guns

In this column, Pollak asserts:

“I have some very disappointing news for some of the more-virulent foes of sane gun-control legislation.  If you’re what the National Rifle Association loves to call a “law-abiding American citizen,” no one is going to take away your guns.

Not the federal government.  Not the state government.  Not the local government.  Not the Army, Navy, Air Force, Marines or Coast Guard.  Not the United Nations.”

Obviously, Mr. Pollak hasn’t been paying attention.  Legislators in at least five states, including his home state of New York, have recently introduced gun control proposals which would include, to at least some degree, confiscation of firearms which are lawfully owned by citizens of those states.

Perhaps even more important than possible gun confiscation legislation is what might happen in one of those disaster situations, or MCEs, discussed in my previous blog post.  After reading that post, #2 son Matt brought to my attention one aspect of the Hurricane Katrina disaster in New Orleans of which I was unaware or which I had forgotten — the confiscation of civilian firearms at the very time they were most needed by their owners.

On September 8, 2005, New Orleans Police Superintendent Eddie Compass, without any legal authority whatsoever and in blatant violation of the 2nd Amendment, issued an order to local police, the Army National Guard and Deputy U.S. Marshals to confiscate all civilian owned firearms in the City of New Orleans.  He said, “No one will be able to be armed.  Guns will be taken.  Only law enforcement will be allowed to have guns.”

Pursuant to this order, New Orleans cops seized privately owned weapons without benefit of search or arrest warrants and, sometimes, by use of excessive force.

One such excessive force incident was the seizure from 58 year old New Orleans resident Patricia Konie of a revolver.  Konie had declined to evacuate her home, which was well-provisioned, and kept the revolver for self-protection.

Several police officers entered her home and demanded that she surrender the revolver.  When she refused to do so, they took it from her by force, fracturing her shoulder in the process, then took her into custody for refusing to give up her weapon.

Unfortunately for the cops, the incident was video recorded and became the basis of virulent criticism of the confiscation order and the police tactics.  Several lawsuits ensued and, on September 23rd, a federal court issued an order restraining any further confiscation of lawfully owned weapons.

In response to the criticism (and the lawsuits), the city initially denied having confiscated any weapons.  Ultimately, however, the city admitted that more than 1000 weapons had been illegally seized.  And, despite several court orders that the weapons be returned, it was more than two years before this was finally accomplished.

As a result of these seizures, Louisiana enacted a 2006 law which prohibits confiscation of firearms during an emergency, unless the seizure is necessary to prevent immediate harm to a police officer or other person, or if it is part of a criminal investigation during which seizure would otherwise be lawful.  Subsequently, several other states passed similar laws.  And, as part of the Department of Homeland Security Appropriations Act of 2007, a federal law prohibiting the seizure of lawfully owned private weapons during an emergency was enacted.

There are some law enforcement officials who understand and are prepared to uphold the law and the 2nd Amendment.  A group of Montana sheriffs has spoken out on the subject, vowing that they would not enforce any unconstitutional new federal gun laws.

Lewis and Clark County Sheriff Leo Dutton, in a written statement, announced:  “You will not find the Lewis and Clark County Sheriff’s Office deputies participating in ANY confiscation of firearms in an unlawful manner.”

In a letter to Vice President Joe Biden, Powell County sheriff Scott Howard said:  “We must not allow, nor shall we tolerate, the actions of criminals, no matter how heinous the crimes, to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws.”

For more information about these sheriffs, see this Helena, Montana, Independent Record article and photo:

http://helenair.com/news/local/sheriff-i-m-not-going-to-take-your-gun/article_ff94517a-6d8a-11e2-9deb-0019bb2963f4.html

Montana Sheriffs Scott Howard & Leo Dutton

Montana Sheriffs Scott Howard & Leo Dutton

Nevertheless, there are plenty of government officials like New Orleans Police Superintendent Compass who are more than ready to ignore the law and the Constitution in their zeal to disarm people.  That they may claim, as they often do, that they are acting out of concerns for “public safety” does not justify their unlawful actions.

This kind of official mentality brings to mind the saying — often mis-attributed to Thomas Jefferson — “The price of freedom is eternal vigilance”.  Whoever may have actually said it, the sentiment expressed remains valid.  Today, on the subject of private ownership of firearms, it is necessary to assert that vigilance against our own government officials and in favor of our constitutional rights.

Ongoing Debate re 2nd Amendment & Gun Control


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My earlier post here “Dispelling the Myth that More Guns = More Murders” …

https://freelegaladvice.wordpress.com/2013/01/14/dispelling-the-myth-that-more-guns-more-murders/

… generated considerable discussion among my West Point classmates.  One of them, John Douglas, is also an attorney with whom, on political issues, I more often than not agree.  On this subject, however, he disagrees with both my interpretation of the language of the 2nd Amendment to the U.S. Constitution … discussed in detail at …

https://freelegaladvice.wordpress.com/2012/12/29/what-now-for-the-second-amendment-gun-control/

… and my position on gun control.

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The “plain language” of the 2nd Amendment

In response to my comment that proponents of gun control demonstrate an “inability or unwillingness to read and comprehend the plain language of the 2nd Amendment”, John replied:

… the 2d Amendment has a contradictory construction, a tortured legal history and is notably devoid of “plain language.” The Amendment (in the version ratified by the States) reads, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  According to gun rights advocates, this Amendment that speaks so highly of regulation clearly prohibits regulation of guns.  Hmmm.  Whatever it might have meant back then or should mean now, “the” meaning is hardly “plain”.

As I have said previously, I believe that the introductory clause to the 2nd Amendment is just that — an introduction which explains the reason for the right which is protected in the second clause, “the right to bear arms”.  The fact that the introduction refers to a “well-regulated militia” implies regulation of the militia (that is, the body of non-military citizens who can be organized, if necessary, for military service), not a limitation on the rights of the individuals who comprise that militia.

I replied to John:

In any event, the “tortured” historical interpretation of the 2nd Amendment came to be only because representatives of the government contorted what is, on its face, clear and unequivocal, so as to make it possible for the government to impose controls which would otherwise have been impermissible.

A detailed explanation of my “plain language” interpretation of the amendment is here:

https://freelegaladvice.wordpress.com/2013/01/04/more-on-the-2nd-amendment-and-gun-control/

John then responded:

I don’t think the tortured history of the Second Amendment is due to ‘contortions by representatives of the government’, but is rather due almost entirely to the amendment’s obtuse wording.  I’m told the former headquarters of the NRA had on the side of the building: ‘THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.’  That is, of course, only half the amendment.  So far as the NRA and like-minded folk were (and mostly are) concerned, that’s the whole amendment.  Except it isn’t.

The next most important factors in the tortured history would be the historical evolution of gun ownership in the US and the role of gov’t here.  In our early years, the federal gov’t’s role with guns was not particularly controversial.  Early on it mandated musket ownership by all military age males AND regulated that (by requiring regular musters for inspections of the muskets & registration of the same).  Despite what some now argue about prohibitions on regulations on ownership, our Founding Fathers actually altogether prohibited some classes of people from owning guns (such as slaves and even white males who refused to swear allegiance to the country).  We have had many changing alliances and understandings regarding the roles of guns in our society (particularly those that followed the upheaval of the Civil War), which have accompanied the evolving and multifaceted interpretations of the 2d Amend.  The short of it is that neither the wording of the Second Amendment nor the varying historical understandings of it are ‘plain’ or simple.

1792 Militia Act:  It is true that in 1792, Congress passed a law essentially requiring, with some exceptions, all able-bodied white male citizens and residents between the ages of 18 and 45 to acquire and maintain a musket, related supplies and other military equipment.  This law was poorly and unevenly enforced and did not, in fact, prohibit ownership of guns by slaves;  it simply did not require them to have guns.  Restrictions on gun ownership by slaves were imposed in the slave-owning states, but not by federal law.  Of course, under the constitution, slaves were not considered citizens (or even “whole” people, counting as they did under the constitution as only “three-fifths” of a person each), so would not have been covered by the 1792 militia act in any event.

Commentary by St. George TuckerA good indication of what the 2nd Amendment “plainly” meant can be ascertained from the early legal commentaries on the subject.  The earliest known such commentary was written in 1803 by St. George Tucker, whose annotated five volume edition of Blackstone’s Commentaries on the Laws of England contained the observation that the right to bear arms under the Second Amendment was not subject to the restrictions that were part of English law:

The right of the people to keep and bear arms shall not be infringed … and this without any qualification as to their condition or degree, as is the case in the British government ….”  (emphasis added)

Tucker went on to express the hope that Americans “… never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty.”

Commentary by William RawleIn 1825, William Rawle, in A View of the Constitution of the United States of America, characterized the second clause of the Second Amendment as a general prohibition against government control of private gun ownership, saying:

No clause could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.

Rawle’s comment is particularly interesting in its suggestion that the 2nd Amendment could be relied upon to restrain state laws infringing on the right to bear arms.  This comment presaged the limitation on state power ultimately included in the due process clause of the 14th Amendment, which was not passed until 43 years later.  Section 1 of the 14th Amendment provides in part, “… nor shall any State deprive any person of life, liberty, or property, without due process of law”.

Commentary by Joseph Story:  In 1833, Joseph Story published his Commentaries on the Constitution. As expressed in those “commentaries”, his view the meaning of the Amendment was clear (and “plain”):

The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.  (emphasis added)

In short, one of the primary purposes of the 2nd Amendment was to enable the people to protect themselves, if necessary, against the government.  That objective can hardly be accomplished if the government has the power to constitutionally infringe on the right of those same people to bear the arms needed for that very protection.

It was not, in fact, until after the American Civil War and on into the 19th century that legal scholars and commentary began to call into question whether the 2nd Amendment provided an individual right to bear arms or merely a “collective” right of the people to maintain an armed militia.

And that question, of course, was finally answered by the U.S. Supreme Court in its 2008 decision in  District of Columbia v. Heller, 554 U.S. 570 (2008), the full text of which can be seen here:

http://www.law.cornell.edu/supct/search/display.html?terms=heller&url=/supct/html/07-290.ZS.html

In this decision, the Supreme Court held that the 2nd Amendment does protect an individual right to possess firearms unconnected with service in a militia;  that such weapons may be used for “traditionally lawful purposes”, such as self-defense;  that the first clause of the 2nd Amendment “announces a purpose”, but does not limit the second and operative clause of the amendment;  and that the text and history of the phrase “the right of the people to keep and bear arms shall not be infringed” indicates “an individual right to keep and bear arms”.

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The effects of gun control

John Douglas also took exception to my discussion of the statistical evidence regarding the effects of gun control, saying:

I am also immediately turned off when a gun rights advocate attacks statistics on the effects of gun control with the ‘there is no evidence’ chain of reasoning.  One of the reasons we have limited evidence on the effects of gun possession in the US is the NRA’s successful stifling of research in the area – and, indeed, in the very collection of data upon which research might be done.  At the peak of gun violence in the early 90s, research results were released showing the higher death rates in homes with guns.   (emphasis added)

John then cited two studies funded by the Centers for Disease Control in support of that conclusion, studies the results of which are available at:

http://www.nejm.org/doi/full/10.1056/NEJM199310073291506#t=article

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http://www.nejm.org/doi/full/10.1056/NEJM199208133270705

The first of these studies addressed homicides in three American counties (Shelby County, TN;  King County, WA;  and Cuyahoga County, OH) during the years 1987 through 1992.  This study notes that more than 24,000 homicides were being committed across the country every year, indicating that approximately 120,000 homicides were committed during the five years addressed by the study.  However, the study actually considered just 420 homicides, or roughly 1/3 of 1% of the total U.S. homicides committed during those years.

Regarding the 420 homicides that were considered, the study noted:

Two hundred nine victims (49.8 percent) died from gunshot wounds. A knife or some other sharp instrument was used to kill 111 victims (26.4 percent). The remaining victims were either bludgeoned (11.7 percent), strangled (6.4 percent), or killed by other means (5.7 percent).

The study ultimately concluded that there was an increased risk of homicide in the home if guns were present (though it is readily apparent that even without guns, if people wanted to kill other people in their homes, there were a variety of other effective means available for that purpose).  However, the study also concluded that there were other factors which were “strongly and independently associated with an increased risk of homicide in the home”, including rental rather than ownership, living alone, previous violence in the home, previous arrest of any resident of the home and drug use in the home.

In fact, four of these five other factors were found to have created a greater increased risk of homicide in the home than did the presence of guns. Use of drugs created an increased risk of homicide that was more than double that of the presence of guns in the home;  previous violence and living in a rental home each created a risk of homicide in the home 63% greater than the presence of guns;  and living alone created a risk of homicide in the home 37% greater than the presence of guns.  The only characteristic that created a lesser increased risk of homicide in the home than the presence of guns was the prior arrest of a resident in the home.

The sample in this study was so small as to be virtually meaningless in the big picture of gun violence and control.  Nevertheless, if taken at face value, it indicates that it is more important, in terms of reducing homicide in the home, to control drug use and violence in the home than it is to control the presence of guns.  In fact, if governmental policy is to be based on this type of statistical analysis, it would also appear to be more important to prohibit people from living alone or renting homes than it is to control the presence of guns.

In other words, this study isn’t very helpful in determining whether or not increased gun controls are useful in preventing homicides in the home or generally.

The second of the two studies John cited addressed 554 in-home suicides in two counties (Shelby County, TN, and King County, WA) over a 32 month period from 1987 to 1990.  Of these suicides, approximately 58% were committed using firearms.

While this study found an increased risk of suicide based on a gun being kept in the home, four other factors were found to have an even higher correlation to increased risk of suicide than the presence of a gun.  Use of prescribed psychotropic medication created an increased suicide risk 7.5 times that created by the presence of a gun; previous hospitalization for alcohol use more than three times;  use of drugs more than double;  and living alone slightly higher than the presence of a gun in the home.  Even failing to graduate from high school had a correlation to an increased risk of suicide that was almost equal to that created by the presence of a gun in the home.

In short, this study is even less useful than the other in determining whether or not greater government control of guns would be appropriate or effective at achieving the desired goals of gun control.

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A straw man argument?

John also took exception to my discussion on another ground:

Finally, and perhaps most egregiously, you set up a straw man argument and, not surprisingly, defeat it, when you claim that gun control advocates are asserting that an increase in the number of guns – irrespective of all other variables – leads to an increase in crimes, especially murder.

To which I say, anyone who contends that reducing the number of guns in the possession of law-abiding citizens will reduce violent crime and murder is also necessarily claiming that an increase in the number of guns will have the opposite effect.  If you don’t contend that reducing the number of guns in the possession of law-abiding citizens will reduce violent crime and murder, then what is the purpose of imposing new laws and regulations designed to accomplish that goal?

John added:

I’m sure there are a few ill-informed fringe gun control advocates who think that way, but no reasonable proponents do.  We all have to recognize that violence levels have many causes. 

And to that I say, exactly.  And that is in fact the primary point of my opposition to the reflexive response of so many that simply imposing stricter gun controls will substantially reduce or even eliminate violent crime.  Interestingly, the two studies cited by John above actually support the conclusion that there are other factors which are much more important, at least with respect to deaths in the home, whether homicides or suicides, than the mere presence in the home of firearms.

John also disagreed with the statistical analysis I presented in “Dispelling the Myth …”, suggesting that the best comparison regarding prevalence of guns and murder rates is not between the U.S. and countries such as Mexico and Honduras, but “comparable” countries like Canada (even though Canadians have no rights comparable to those granted to Americans by the 2nd Amendment).  He notes that Canada is 31st in “homicide rate” (below the U.S., which is 14th), while the U.S. has a homicide per 1000 guns rate that is  7 times that of Canada.

And yet, the overall homicide rate in the U.S. (4.8 per 100,000 people in 2010) is just 3 times that of Canada;  meaning, of course, that Canadians are easily finding other ways, in the absence of ready access to guns, to kill each other.  Just as Americans would if they did not have access to guns.

There are other considerations which must be accounted for in any comparison between the American and Canadian gun-related and overall homicide rates.  For example, while it is true that the homicide rate is higher in the U.S., the overall difference in the rate of violent crimes, including homicides, has decreased, as the rate of violent crimes dropped faster in the U.S., during the 1990’s and 2000’s, than it did in Canada.

Other factors have a significant impact on the relative homicide rates for reasons that are largely unrelated to access to or possession of guns.  The U.S. has more cities with large, concentrated populations, and cities almost invariably have higher murder rates than rural areas, even in countries with strict gun controls and relatively rare private gun ownership.  The U.S. also has substantially more and a higher rate of both gang activity and drug related crime than does Canada; each of these criminal activities contribute disproportionately to the rate of gun-related homicides.

Elimination of the “insane war on drugs” and adoption of social policies designed to reduce gang activity would each do more to reduce the “gun-related” homicide rate in the U.S. than any of the proposed “gun control” measures.

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Conclusion

John wrapped up his comments by saying:

As for the effects of gun control, I harbor no illusions that implementing even draconian restrictions would quickly alter our level of gun violence, since we are awash in guns and it would take decades to ‘drain the swamp’.  The modest restrictions on gun ownership that have been implemented here and there in the past, and that are likely in the future here, are mostly band-aids on a large open wound and will have at most a modest effect on gun violence.  To me, that’s sad, but that is the political reality. 

However, despite my pessimism on what can be done in the US, I stand by what I regard as the clear balance of evidence in regard to the relationship between the level of violence and the prevalence of guns.  When you compare countries with comparable levels of development and comparable social structures, the ones with much lower levels of gun ownership have much lower levels of gun violence.

And I stand by my own analysis in this regard, though I have to agree with the ultimate extrapolation of John’s concluding comment.  That is, there can be no doubt that if there were no guns in the U.S., there would be no gun violence in the U.S.  That, however, is not really the point, as we are never going to have a society in which there are no firearms, nor would or should we want to have such a society.

Furthermore, neither I nor John have addressed the issue of gun control from the perspective of those who have actually used guns in defense of themselves, their homes and their loved ones.

Or why and under what possible future circumstances the availability of firearms for such protection be desirable, if not essential, to the survival of not only individuals, but our society as a whole.

I will address both of these subjects in future discussions here.

Dispelling the Myth that More Guns = More Murders


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Aside from their inability or unwillingness to read and comprehend the plain language of the 2nd Amendment to the US Constitution, proponents of more restrictive gun control laws rely on a bald-faced lie to support their efforts to disarm law-abiding citizens.

That lie, of course, is the claim that possession of more guns  by private, law-abiding citizens results in more violent crime and, in particular, more murders … and the corollary thereto, that reducing the number of guns in the possession of such citizens will reduce violent crime and murder.

Despite the strident bleating of gun control advocates, the truth of the matter is that denying law-abiding citizens access to firearms does not result in a decrease in murders or other violent crimes.  In fact, world-wide statistics demonstrate conclusively that the opposite is true.

It is understandable that mass murders like those at Sandy Hook Elementary School in Newtown, Connecticut, arouse the passions … and fears … of, well, just about everyone.  Nevertheless, public policy ought not be driven by the irrational fears generated by such aberrational events.  And make no mistake, mass murder in the US is aberrational.

Gun control advocates cite in support of their efforts to impose new restrictions on personal gun ownership the fact that the US has the highest number of guns per person of any country in the world and that the homicide rate in this country is the highest in the world.  The first of these claims is true;  the second is demonstrably false.  Some gun control advocates are more honest (and more accurate), claiming only that the US has the highest murder rate among “western countries” (also false), or among “developed nations” (also false), or at least that it is higher than the counties of Europe which have strict gun controls (which is largely, though not entirely, true).

The problem with all of these claims, even with respect to those countries which have stricter gun controls and a lower murder rate, is that it fails to properly correlate the two key statistics (number of guns and number of murders) and also fails to take into consideration other factors which are essential to a full and complete understanding of the gun control issue and what, if anything, should (and can constitutionally) be done about it.

So, what are the true facts about gun ownership and murder rates around the world?

First, it is true that the US has the world’s highest per capita ownership of firearms.  As of 2007, Americans owned, on average, nearly one firearm each;  or to be more precise, 88.8 firearms per 100 residents.  In fact, Americans own, on average, more than twice as many guns per person as the citizens of all but three other countries in the world.  See note 1 below.

Second, and on the other hand, the US ranks only 14th in the world in number of firearms related homicides (at 3.7 per 100,000 population per year).  This is not even the highest rate on the North American continent (Mexico coming in at 10.00, despite having only roughly 1/6 the number of guns per person as the US).  See Note 2 below. 

Third, and more significantly, when considering intentional homicides by all means, the US ranks 102nd out of 206 countries in the world (as of 2012).  The intentional homicide rate in the US is approximately 4.8 per 100,000 population per year.  This is less than 1/20 of the intentional homicide rate of the country with the highest rate in the world (Honduras at 91.6).  Honduras, by the way, has less than 7% of the number of guns per person as the US.  See Note 3 below.

Other “western” or “developed” countries with higher intentional homicide rates than the US include Mexico and Greenland, as well as virtually every country in Central & South America and the Caribbean.  It is true that most European countries, including all of those in Western Europe, have lower intentional homicide rates that the US.

Nevertheless, these statistics alone belie the claim that more guns equal more murders.  Otherwise, the US, which has nearly twice as many guns per capita as any other country, would also have twice as many intentional homicides per capita as any other country.  Not even close.

However, to truly evaluate the claim that “more guns = more murders”, there is one more correlation which must be considered — that is, the rate of homicides per firearm in each country.  Finding this statistic proved elusive.  In fact, I could not find it anywhere, so had to do the calculations myself.   I had what I considered sufficient statistics for 173 countries and the chart I produced is here:

Murders per 1000 guns

Now, if “more guns = more murders” and “fewer guns = fewer murders”, then the countries of the world which have the highest per capita gun ownership should have the highest per gun murder rates.  As you can see by reviewing my chart, this is not only NOT true, there is a very strong NEGATIVE correlation.  That is, for the most part, the countries with the highest per capita gun ownership tend to have the lowest per gun murder rates!

The US, with by far the most guns and the highest per capita gun ownership, ranks 81st in the world, averaging 146.35 murders per 1000 guns.  None of the other top 16 countries in the world in per capita gun ownership ranks in the top 100 in murders per gun — see list here:

Top 16 Countries in Per Capita Gun Ownership with Ranking in Murders per 1000 Guns

On the other hand, of the 15 countries with the highest murder rates, only one (Brazil, which is 12th in murders per 1000 guns and 75th in gun ownership) is in the top 100 countries in the world in terms of highest gun ownership.  Every other country with the 14 highest murder rates per 1000 guns ranks 102nd or below in gun ownership.

The only logical conclusion to be drawn from these facts is that it is neither the presence nor absence of guns which determines the rate at which people will kill each other.  There are obviously other factors involved, but what these facts unequivocally do show is that when people want to kill other people, they will find a way to do so, even if they do not have ready access to firearms.

Furthermore, the aberrational occurrence of mass or spree murders correlates with neither the rate of gun ownership nor the normal murder rates per gun or per capita.

The worst mass murder in modern history (not counting, of course, state sanctioned or military mass murders, a wholly different subject) occurred in the country which ranks 164th in murders per 1000 guns and which otherwise has a murder rate of just 0.6 per 100,000 people.  This, of course, was the 2011 killing of 77 people in Norway, 69 of whom were shot by firearms and 8 of whom were killed by a bomb.  The nut-ball who committed these murders, by the way, was a self-styled anti-Muslim militant, though his targets were not particularly Muslims.

The worst mass murder ever in an American school occurred in 1927 in Bath, Michigan, when 44 people, including 38 elementary school students, were killed by three bombs set off in the school.  This particular killer used no firearms at all.  Only the fact that most of the explosives he had placed in the school failed to detonate prevented a much higher death toll.

In the US, there are other factors involved in both the general and firearms murder rates, including “The Insane War on Drugs” and gang warfare problems.  The rate homicides resulting from these two issues are unlikely in the extreme to be reduced by further restrictions on the possession of firearms by law-abiding citizens.

Retired Texas Congressman Ron Paul, a nominal Republican but at heart a Libertarian, issued a statement after the Sandy Hook murders in which he said, in part:

“… do we really want to live in a world of police checkpoints, surveillance cameras, metal detectors, X-ray scanners, and warrantless physical searches?  We see this culture in our airports: witness the shabby spectacle of once proud, happy Americans shuffling through long lines while uniformed TSA agents bark orders.  This is the world of government provided “security,” a world far too many Americans now seem to accept or even endorse.  School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America.

“Do we really believe government can provide total security?  Do we want to involuntarily commit every disaffected, disturbed, or alienated person who fantasizes about violence?  Or can we accept that liberty is more important than the illusion of state-provided security? Government cannot create a world without risks, nor would we really wish to live in such a fictional place.  Only a totalitarian society would even claim absolute safety as a worthy ideal, because it would require total state control over its citizens’ lives.  We shouldn’t settle for substituting one type of violence for another.  Government role is to protect liberty, not to pursue unobtainable safety.

“Our freedoms as Americans preceded gun control laws, the TSA, or the Department of Homeland Security.  Freedom is defined by the ability of citizens to live without government interference, not by safety. It is easy to clamor for government security when terrible things happen; but liberty is given true meaning when we support it without exception, and we will be safer for it. ”  (emphasis added)   See Note 4 below.

Americans of all political persuasions should take his words to heart.

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Note 1:  For the Wikipedia article “Number of guns per capita by country”, see:

http://en.wikipedia.org/wiki/Number_of_guns_per_capita_by_country

Note 2:  For the Wikipedia article “List of countries by firearm-related death rate”, see:

http://en.wikipedia.org/wiki/List_of_countries_by_firearm-related_death_rate

Note 3:  For the Wikipedia article List of countries by intentional homicide rate”, see:

http://en.wikipedia.org/wiki/List_of_countries_by_intentional_homicide_rate

Note 4:  For the full text of Ron Paul’s statement, see his webpage here:

http://www.ronpaul.com/2012-12-25/ron-paul-seeking-total-security-leads-to-a-totalitarian-society/