April 11, 2007
Jacob Sullum feels pretty safe questioning Rudy Giuliani's commitment to the Second Amendment - it's not like Rudy ever carries a gun.
Help Reason celebrate its next 40 years. Donate Now!
Try Reason's award-winning print edition today! Your first issue is FREE if you are not completely satisfied.
I got the banner as well. "Optimistic leadership. Proven
results." [barf]
it's not like Rudy ever carries a gun.
But he does. Several. Never leaves home without them. They're in
the holsters of the police officers that bodyguard him 24/7.
I must admit that, while I disagree with him, I support Rudy's choice to at least be honest about his position, in contrast with Mitt the Varmint Slayer. BTW, the DC gun ban isn't really a federalism issue, as DC was always supposed to be governed directly by Congress.
He's not honest about his position. He he's very anti-second
amendment dispite his assertion that he is not.
He made it a priority to get guns of the streets. He sued Virginia
in an attempt to force them to change their gun laws. And, in the 8
years as Mayor, I never heard him say ANYTHING in support of the
2nd amendment or people rights to own a gun. The bottom line, as
Mayor, he did his best to make sure you didn't own one.
Rudy didn't author NYC's gun prohibition. But he had no problem
enforcing it. Therefore, I would suspect that if a Democratic
Congress passed a strict gun control law, he probably wouldn't have
a problem enforcing that either.
"Giuliani also made a revealing comment when he accused gun
manufacturers of knowingly supplying criminals by "overproducing
guns, way beyond the number that's necessary for hunting and for
law enforcement." "
The solution is obvious; President Giuliani can nationalize Big
Gun. Once the government is the monopoly weapon producer/ supplier,
any individual citizen who desires to own one can apply for
permission, and the government can determine who is worthy of
posessing a firearm. Simple.
Then- on to cold remedies!
"Giuliani tries to reconcile his support for strict gun control
in New York with his newfound commitment to the Second Amendment by
saying that different jurisdictions should be able to choose the
gun laws that are appropriate for them. As his website puts it,
'Rudy understands that what works in New York doesn't necessarily
work in Mississippi or Montana.'
"But the right to keep and bear arms has no meaning if politicians
are free to impose any kind of gun control they think 'works.' In
the D.C. gun ban decision that Giuliani says he supports, a federal
court overruled the judgment of local officials because it was
inconsistent with the Second Amendment."
But the "local officials" in Washington DC are by definition
*federal* officials. Giuliani's conversion to federalism on the gun
control issue is no doubt opportunistic, but a serious case can be
made that the Second Amendment provides for an individual right to
keep and bear arms but that this restriction on government power is
*applicable only to the federal government*--including of course
the local government in DC. (See *Barron v. Baltimore* which held
that this was true of the Bill of Rights in general. It was, after
all, fear of excessive *federal* not *state* power which motivated
the Bill of Rights.) True, the Supreme Court has ruled that most of
the guarantees of the Bill of Rights are made applicable to state
governments under the 14th Amendment (the "incorporation" doctrine)
but not all of them--as far as I know, the right to a trial by jury
in civil cases has still not been held obligatory against the
states. Anyway, the whole "incorporation" doctrine can be
questioned on historical grounds, as for example Raoul Berger has
done.
Saying that you're for the DC Circuit's decision but in favor of
the rights of states to regulate guns is of course not a
libertarian position. But it is not an intellectually indefensible
position, either.
I have never seen a Guiliani banner on Reason.
The Ultimate Fitness Program's ads got yanked after the authorities
found out that guy's carpet was underage.
if Giuliani had any intention of being honest on the gun issue,
he would stop trying to conflate the 2nd Amendment with
hunting.
If he truly supports a "states' rights" interpretation of the
Second, he'd call for the repeal of the 1968 Gun Control Act and at
least sections of the 1934 National Firearms Act.
One really does have to wonder what the public health costs have
been to treat people who've lost hearing because suppressors are so
heavily regulated.
Site comments/questions:
Media Inquiries and Reprint Permissions:
(310) 367-6109
Editorial & Production Offices:
3415 S. Sepulveda Blvd.
Suite 400
Los Angeles, CA 90034
(310) 391-2245