Jacob Sullum | September 7, 2007
This week the District of Columbia filed a petition asking the U.S. Supreme Court to uphold D.C.'s gun ban. The district's lawyers argue that the U.S. Court of Appeals for the D.C. Circuit, which overturned the ban last March, was wrong to conclude that the Second Amendment protects an individual right to own firearms. But even if the appeals court were right about that, they say, D.C.'s restrictions on gun possession should still be upheld as reasonable public safety measures:
It is eminently reasonable to permit private ownership of other types of weapons, including shotguns and rifles, but ban the easily concealed and uniquely dangerous modern handgun....Whatever right the Second Amendment guarantees, it does not require the District to stand by while its citizens die.
There are two problems with this argument. First, D.C. not only bans handgun ownership by anyone who isn't a current or former law enforcement officer; it also requires that long guns be kept locked or unloaded and disassembled, which makes using them against home invaders impractical. The law effectively prohibits armed self-defense, which is hard to reconcile with "the right to keep and bear arms."
Second, there is no reason to believe that D.C.'s gun ban has reduced violent crime. While it disarms law-abiding citizens, criminals have little difficulty obtaining guns, to judge by the city's consistently high homicide rate. As University of Maryland economist John Lott notes in a Washington Times op-ed piece, D.C.'s homicide and violent crime rates, which were falling in the years before the gun ban, climbed after it took effect:
In the five years before Washington's ban in 1976, the murder rate fell from 37 to 27 per 100,000. In the five years after it went into effect, the murder rate rose back up to 35. But there is one fact that seems particularly hard to ignore. D.C.'s murder rate fluctuated after 1976 but has only once fallen below what it was in 1976 (that happened years later, in 1985). Does D.C. really want to argue that the gun ban reduced the murder rate?
Similarly for violent crime, from 1977 to 2003, there were only two years when D.C.'s violent crime rate fell below the rate in 1976.
Lott notes that other jurisdictions, including Chicago, England, Ireland, and Jamaica, also have seen violent crime rise after adopting strict gun control. He does not explicitly argue (as you might expect from the author of More Guns, Less Crime) that disarming law-abiding residents encourages crime, but he does show that D.C. will have a hard time constructing even a prima facie case in support of its gun laws' effectiveness.
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They are trying to pull our liberty teeth people.
Firearms are second only to the Constitution in importance; they
are the peoples' liberty's teeth.
George Washington
The law effectively prohibits armed self-defense, which is
hard to reconcile with "the right to keep and bear
arms."
No, it's easy. Because the second amendment has nothing to do with
defending yourself against intruders or highwaymen. It's about
defending yourself against your own government. Unless you're
making the argument that assembling and loading his rifle is too
much of a burden on the minuteman.
Making it illegal for law-abiding citizens to defend themselves is the legislative equivalent of holding a woman down while someone else rapes her. Except that your average gang rapist, unlike your average gun-control fanatic, is at least too honest to tell others that his actions make society better and safer. If only DC lawmakers had a gang rapist's level of integrity, I daresay the city would be better off.
Because the second amendment has nothing to do with
defending yourself against intruders or highwaymen.
Ever read the Federalist Papers or other correspondence between the
dudes who, you know, wrote the Constitution?
"Unless you're making the argument that assembling and
loading his rifle is too much of a burden on the
minuteman."
Your mistaking the minutemen for the less successful
half-hourmen.
D.C. will have a hard time constructing even a prima facie case in support of its gun laws' effectiveness.
I don't find it too hard to imagine that the Supremes would find a
constitutional right, but then claim only rational basis review
applies. And then it's easy to sidestep inconvenient facts since
reality doesn't matter, only whether a rational legislator could
have believed the ban would lower crime.
"Laws that forbid the carrying of arms...disarm only those who
are neither inclined nor determined to commit crimes...Such laws
make things worse for the assaulted and better for the assailants;
they serve rather to encourage than to prevent homicides, for an
unarmed man may be attacked with greater confidence than an armed
man."
--Thomas Jefferson
First, D.C. not only bans handgun ownership by anyone who
isn't a current or former law enforcement officer;
Bad enough that active police get special treatment under the law
(I suppose you could make the argument that the may have to act
even when off-duty), but what's the difference between a former
officer and any other private citizen?
While it disarms law-abiding citizens, criminals have little
difficulty obtaining guns, to judge by the city's consistently high
homicide rate.
I'd like to see some pro-gun arguments that do not involve neatly
dividing all people into "criminals" and "law-abiding
citzens".
That having been said, it is true that city gun bans are going to
be pretty ineffective as long as people can easily purchase guns
outside the city and bring them in. Any effective handgun ban would
probably have to be national in scope.
Making it illegal for law-abiding citizens to defend
themselves is the legislative equivalent of holding a woman down
while someone else rapes her. Except that your average gang rapist,
unlike your average gun-control fanatic, is at least too honest to
tell others that his actions make society better and safer. If only
DC lawmakers had a gang rapist's level of integrity, I daresay the
city would be better off.
Jennifer's on a roll with her second day of highly offensive and
absurd analogies.
Making it illegal for law-abiding citizens to defend
themselves is the legislative equivalent of holding a woman down
while someone else rapes her. Except that your average gang rapist,
unlike your average gun-control fanatic, is at least too honest to
tell others that his actions make society better and safer. If only
DC lawmakers had a gang rapist's level of integrity, I daresay the
city would be better off.
You don't have to support gun control legislation to find this
analogy suspect. It's hard to imagine many cases in which a person
who holds a woman down while someone rapes her does not intend harm
to the woman. I believe most gun control advocates genuinely
believe there efforts will make people safer.
Beyond that, there are significant numbers of people injured by
accidents involving guns. I think there are probably cases as well
where convenient access to guns resulted in intentional shootings
that otherwise would not have happened. Bans on gun possession
would likely reduce such harmful incidents. Holding down a rape
victim, on the other hand, seems an unmitigated act of evil.
"""I'd like to see some pro-gun arguments that do not involve
neatly dividing all people into "criminals" and "law-abiding
citzens". """
Why would that be necessary? It's a valid division when discussing
laws.
"Any effective handgun ban would probably have to be national in
scope."
Just like our spectacularly effective nationwide drug ban.
Jennifer's on a roll with her second day of highly offensive
and absurd analogies.
Are you jealous that she is stealing your thunder?
Jennifer's on a roll with her second day of highly offensive
and absurd analogies.
2 down, 536 more to go to beat your streak, Dan.
While a gun ban might very well reduce marginal cases in which an otherwise normal law-abiding person snaps one day and kills someone because he happened to have a gun on hand, these cases account for a very small percentage of gun violence in the U.S. The vast majority of shootings in the U.S. are gang-related and thus not likely to be avoided through gun legislation.
If the DC city government truly believes guns make the city less
safe, why do they issue hand-guns to thousands of men and women
whom they then send out to wander around the streets?
If guns truly make things worse, then they should stop issuing them
to policemen.
"Jennifer's on a roll with her second day of highly offensive
and absurd analogies."
I think the rapist analogy is one of the least absurd arguments one
can bring into a debate about gun control. How can anybody with a
brain deny that a 100lb woman has no way of defending herself
against a 300lb thug unless she has a gun in her pocket? If you
take that gun away from that woman, you are holding her down while
she is being raped.
That having been said, it is true that city gun bans are going to be pretty ineffective as long as people can easily purchase guns outside the city and bring them in.
Uh, dude, if you're a resident of Washington DC, it is illegal for
you to go out of state to purchase a handgun.
In fact, purchasing a handgun out of state without having it sent
through an licensed dealer in YOUR state is, in fact, a crime.
"Democracy is two wolves and a lamb voting on what to have for
lunch. Liberty is a well-armed lamb contesting the vote!"
Ben Franklin.
The strongest reason for the people to retain the right to keep
and bear arms is, as a last resort, to protect themselves against
tyranny in government.
Thomas Jefferson
That having been said, it is true that city gun bans are
going to be pretty ineffective as long as people can easily
purchase guns outside the city and bring them in. Any effective
handgun ban would probably have to be national in scope.
You mean like the one in Jamaica?
Despite the reasoning clause of the 2nd amendment. To whom that right belongs is perfectly clear. The people. "The people" is defined in the first three words of the preamble. "We the people".
Or the UK.
The UK handgun ban is so strict that their Olympic pistol team has
to practice in another country.
Because, you know, nothing says slavering criminal mastermind quite
like a competitor who's wielding a five-shot semiautomatic .22
pistol.
I can think of at least 200 items in my home that can kill someone, from the falling-over bookcase to the bottle of bleach to the big, sharp chef's knife. All of them are legal, and not one is mentioned in the Constitution. And if they were, pundits would argue endlessly over the exact meaning of the word "sharp". A little common sense goes so far, yet it is so rarely used in this debate.
"""I'd like to see some pro-gun arguments that do not
involve neatly dividing all people into "criminals" and
"law-abiding citzens". """
Why would that be necessary? It's a valid division when discussing
laws.
Because nobody follows every law and nobody breaks every law.
Dan, nobody is talking about speeders when they talk about "criminals" in gun-control debates.
"""Because nobody follows every law and nobody breaks every
law."""
What does Terence Hill have to do with it?
I think the rapist analogy is one of the least absurd
arguments one can bring into a debate about gun control. How can
anybody with a brain deny that a 100lb woman has no way of
defending herself against a 300lb thug unless she has a gun in her
pocket? If you take that gun away from that woman, you are holding
her down while she is being raped.
Not only that, but you're telling her it's for her own goddamned
protection.
Jennifer - Making it illegal for law-abiding citizens to
defend themselves is the legislative equivalent of holding a woman
down while someone else rapes her.
Parse - It's hard to imagine many cases in which a person who
holds a woman down while someone rapes her does not intend harm to
the woman. I believe most gun control advocates genuinely believe
there efforts will make people safer.
If the effects are the same, your intentions really don't matter to
the victim. The road to hell...
I think the rapist analogy is one of the least absurd
arguments one can bring into a debate about gun control. How can
anybody with a brain deny that a 100lb woman has no way of
defending herself against a 300lb thug unless she has a gun in her
pocket? If you take that gun away from that woman, you are holding
her down while she is being raped.
So the 300lb thug is going to stand by and watch as the woman
rummages around her purse to find her .22? And isn't it just as
likely that he's going to have a gun himself since that would make
it easier for him to perform his criminal deed?
But as another poster mentioned, the problem with the analogy is
that gun-control advocates (believe it or not), are not actively
trying to facilitate crime like the woman-hold-downer would be.
Guns don't kill people. People kill people guns are just a tool to facilitate killing. We might as well ban knives, forks, broken glass, etc. all could be potential weapons to cause harms to others. The people have the right to bear arms and that's the bottom line. Of course there may be times when a person commits a crime using a weapon but why should a non-criminal have his right to be armed taken away from him because criminals sometimes use guns when committing crimes?
Dan,
Quoting what J sub D says above, "the effects are the same". If the
government tells me that I can't put a roof on my house, they are
not directly ruining my carpets. But the rain is going to come
in.
Exercising the right- Pittsburgh's Highland Park rapist
shot
Channel 11 News | Oct. 11, 2002
According to Channel 11 News at 11, the Highland Park (Pittsburgh)
rapist has been located in a hospital bed at Presbyterian
University Hospital. His latest intended victim turned the
tables on him, exercising her second amendment rights, shooting him
several times.
Dan T. You make it so easy.
Dan,
Quoting what J sub D says above, "the effects are the same". If the
government tells me that I can't put a roof on my house, they are
not directly ruining my carpets. But the rain is going to come
in.
But does that work both ways? The government may not shoot citizens
but if they allow people to own guns and shoot them the effect is
the same.
I bet you if you lifted the gun ban the first gun-related crime in the city would be held up as "SEE!! SEEE!!!! This wouldn't have happened if we'd banned guns!," and everyone would go back to the way they were, gun ban and all.
Think How High the Homicide Rate Would Have Been If We
Hadn't Banned Guns
I'm just glad that Timothy's got his magic rock that repells
tigers. It's so effective that even though I live 300 miles away
from him, I never get attacked by tigers. In fact, I've only seen
10 or 15 tigers in the last decade, and they had to be locked up at
the zoo to keep them from running away from Timothy's magic
rock.
Not only is Lott cherry picking his data, he's recycling his
arguments. I debunked this in
2004.
As for his claims about Northern Ireland:
The Republic of Ireland banned and confiscated all handguns and all center fire rifles in 1972, but murder rates rose fivefold by 1974 and in the 20 years after the ban has averaged 114 percent higher than the pre-ban rate (never falling below at least 31 percent higher).
Do you think that Lott is completely ignorant about the recent
history of Ireland or did he deliberately conceal it from his
readers? In 1972 the Republic of Ireland did ban handguns and large
calibre rifles. And the number of murders did increase from 10 in
1971 to 51 in 1974. What Lott failed to mention is the reason for
the gun ban in Ireland was not to reduce homicides there (they only
had 10 murders a year in a country of three million people for
heaven's sake!), but to cut off the supply of guns to Northern
Ireland. Lott also failed to mention is that the reason for the big
increase in murder in 1974 was the terrorist bombings in Dublin and
Monaghan which killed 33 people. It's as if he blamed the enormous
increase in the homicide rate in New York City in 2001 on gun
control there.
Dan,
That is the stupidest thing that I've ever heard. To restate your
argument, the government may not run me over with a car either, but
they allow people to own cars and if they run me over the effect is
the same. Does that make sense to you?
The government doesn't allow people to rape other people, but it
happens. Taking away a very effective means of protection only
makes it easier for the rape to occur.
"Lott notes that other jurisdictions, including Chicago,
England, Ireland, and Jamaica, also have seen violent crime rise
after adopting strict gun control."
Its possible that legislation or even availability of firearms is
less relevant to this debate than many people think. 'Culture'
plays a big part.
England first adopted gun control in 1920 and in 1953 Britons were
forbidden to carry any article for their protection. The UK still
has nothing like the murder rate which scares away so many British
Citizens from investing or travelling in the USA. The base figures
for murders in the UK are still very low. Nevertheless, its
undeniable that gun crime in the UK has increased dramatically (One
statistic suggested it went up 35% in the last year year) but this
is not due to legislation last year but cultural and reporting
factors. The main victims and perpetrators, other than career
criminals, seem to be drawn from very distinct teenage groups in
semi-marginalised ethnic communities in particular urban settings,
in an otherwise much more integrated urban society than the US
seems to be ('integration and social cohesion are very nebulous
concepts'). Long-term comparisons are also also interesting:
According to Joyce L Malcolm, Professor of history, at Bentley
College, a study comparing New York and London over 200 years found
the New York homicide rate consistently five times the London rate,
although for most of that period residents of both cities had
unrestricted access to firearms.
When guns were available in England they were apparently seldom
used in crime. A government study for 1890-1892 found an average of
one handgun homicide a year in a population of 30 million. But
murder rates for both countries are now changing. In 1981 the
American rate was 8.7 times the English rate, in 1995 it was 5.7
times the English rate, and by last year it was 3.5 times. Guns are
apparently not the traditional weapons of choice for English
killers, who were not historically mainly 'intruders' or
'highwaymen'.
Dan,
That is the stupidest thing that I've ever heard. To restate your
argument, the government may not run me over with a car either, but
they allow people to own cars and if they run me over the effect is
the same. Does that make sense to you?
No, it doesn't make sense. That's my point as it relates to
Jennifer's original analogy.
The government doesn't allow people to rape other people, but it
happens. Taking away a very effective means of protection only
makes it easier for the rape to occur.
And I'm saying that allowing a very effective means of aggression
also makes it easier to occur. And I'd bet the number of rapes
where the aggressor uses a gun is many times higher than the number
where the victim uses one as defense.
If the numbers were anywhere close to 50/50 then I'd tend to agree
with you all. But as long as guns are used offensively much more
than defensively it seems that allowing them tends to facilitate
criminal acts much more so than banning them would prohibit
defensive acts.
""If the numbers were anywhere close to 50/50 then I'd tend to
agree with you all. But as long as guns are used offensively much
more than defensively it seems that allowing them tends to
facilitate criminal acts much more so than banning them would
prohibit defensive acts."""
Are you including how many times an officer of the law uses a gun
in defense?
Dan-
"And I'd bet the number of rapes where the aggressor uses a gun is
many times higher than the number where the victim uses one as
defense."
"But as long as guns are used offensively much more than
defensively"
This all sounds like anecdotal bullshit to me.
And I didn't say fire, I said use. That would included an officer drawing his weapon.
Dan T. You still haven't responded to my post of September 7, 2007, 1:26pm. I guess she got her gun out in time, huh.
Dan, if guns are not useful defensive weapons, why would
cops need them?
To compensate?
"...if guns are not useful defensive weapons, why would cops
need them?"
To shoot my dog when they accidentally raid my house instead of the
one down the street?
And I'd bet the number of rapes where the aggressor uses a
gun is many times higher than the number where the victim uses one
as defense.
Especially in places like DC, where law-abiding citizens are
forbidden to have guns.
If the numbers were anywhere close to 50/50 then I'd tend to agree with you all. But as long as guns are used offensively much more than defensively...
The numbers are nowhere near 50/50...but not exactly in the manner
you assume.
Roughly 30,000 firearms deaths per year happen in the US. Roughly
2/3rds are suicides, and a fraction of 1% are accidents. The
remainder are homicides - typically 10-12k per year.
According to various studies - including ones conducted by the
Department of Justice - firearms are used defensively 500,000 -
2,500,000 times per year in the US.
That's at a minimum a 40:1 ratio.
FWIW, DC's violent crime rate actually has dropped quite a bit
in recent years.
http://www.disastercenter.com/crime/dccrime.htm
So the 300lb thug is going to stand by and watch as the woman rummages around her purse to find her .22? And isn't it just as likely that he's going to have a gun himself since that would make it easier for him to perform his criminal deed?
No undercurrents of sexism there...
Also, most firearms homicides are criminals killing other
criminals. See for example a recent
post in Of Arms and the
Law: typically 75-90% of murder victims - the victims
- have extensive criminal records.
We do not have a gun problem in this country, we have a gang
problem. The gang problem is a function of prohibition, just like
it was in the '20s.
Addressing the gang problem enters the politics of prohibition,
race, and the corrosive social effects of the welfare state. No
modern politicians will go there. Much easier to talk about
inanimate objects, and whether the presence or absence of a flash
hider on the barrel of a rifle with profoundly change society.
I find it curious that the same folks who quote Jefferson on 'church and state' issues pretend he remained silent on guns.
Also, can someone explain to me how I'm made safer by removing my ability to defend myself, and putting that responsibility in the hands of a man with a gun who is nowhere near my vicinity when I'm victimized, and who probably barely passed his annual range qualifications?
mediageek,
Dan is looking out for our best interest, therefore sexism is
acceptable (for the children, probably). Yer a gun-totin',
tobaccer-chewin redneck, therefore sexism is not acceptable. Got
it?
On the woman/rapist issue, wouldn't an increased liklihood that
the woman has a gun deter the rapist more than it may otherwise?
Say if at present it is 3% likely that the woman is carrying a gun,
that doesn't pose much risk to the rapist. But if 35% of women were
to carry guns, the rapist would have to take his own fate into the
equation when committing the act.
This goes for all violent crime in general. A larger population of
guns in potential victims hands means that those who committ
violent crime have lesser odds of succeeding than they otherwise
would.
This is assuming a rational criminal, which I think is fair
considering that those who are irrational criminals would probably
committ the act irrespective of the gun ban.
Throughout history and in a whole lot of civilizations, the
right to bear arms was limited to the elite and their
enforcers.
We have Samuri sword-control legislation for all those wonderful
ninja movies, because people adapted farm implements into weapons
because they weren't allowed actual weapons.
Basically the right to bear arms is the primary indicator of full
citizenship. Even if the gun control argument worked and actually
reduced crime (when it would be an understatement to say that it
has either no effect or even encourages crime), it doesn't really
matter. Real citizens have the right to pack heat. Slaves, serfs,
and peasants don't. And that is why they wrote the 2nd
amendment.
On the woman/rapist issue, wouldn't an increased liklihood
that the woman has a gun deter the rapist more than it may
otherwise? Say if at present it is 3% likely that the woman is
carrying a gun, that doesn't pose much risk to the rapist. But if
35% of women were to carry guns, the rapist would have to take his
own fate into the equation when committing the act.
This goes for all violent crime in general. A larger population of
guns in potential victims hands means that those who committ
violent crime have lesser odds of succeeding than they otherwise
would.
This is assuming a rational criminal, which I think is fair
considering that those who are irrational criminals would probably
committ the act irrespective of the gun ban.
If true, the US should have much less violent crime than other
countries with strict gun control laws. But we don't.
Also, you'd think that poor inner cities would have much less crime
than rich suburban areas, since more people there carry guns which
supposedly acts as a deterrant. Doesn't seem to be the case.
mediageek,
Dan is looking out for our best interest, therefore sexism is
acceptable (for the children, probably). Yer a gun-totin',
tobaccer-chewin redneck, therefore sexism is not acceptable. Got
it?
Hold on, I'm not the one who introduced the sexist notion that
women are helpless victims unless they're armed.
Meanwhile it's men, who are more likely to be armed than women, who
are the victims of most violent crime.
Go figure.
oh. Did I give the impression that gun ownership was the only explanatory variabile with respect to violent crime rates?
If true, the US should have much less violent crime than
other countries with strict gun control laws. But we
don't.
Countries with the lowest rates of homicide include Japan (where no
one is allowed to have gun) and Switzerland (where everyone is
required to have a gun).
Violence in the US is cultural issue with only a remote connection
to ownership of guns.
Yes Dan, lets totally ignore all other relevant factors but guns
per 100000. Nothing about politics, the war on drugs, the breakdown
of law and order in urban areas.
It's a complicated issue. Obviously there are places (like Somalia)
with high gun ownership and very high crime and violence. There are
also places like Switzerland, where everyone has a bleeding
government mandated automatic rifle in the closet with a very low
crime rate.
Britain had a very low murder rate before it began its gun control
programs, while the US has always been a pretty violent place.
Straight up comparisons between countries isn't going to make for
good policy.
Violence in the US is cultural issue with only a remote
connection to ownership of guns.
I agree it's a cultural issue but gun ownership is such an
integrated part of our culture that I don't think you can call the
connection "remote".
"Democracy is two wolves and a lamb voting on what to have
for lunch. Liberty is a well-armed lamb contesting the
vote!"
One of my all time favorites.
If true, the US should have much less violent crime than
other countries with strict gun control laws. But we
don't.
Actually, we do. But first you have to adjust for effects do to
societal differences and the WoD.
Hold on a sec, you said violent crime didnt you? IIRC, we have much
lower violent crime rates than many countries with strict gun
control laws, including the UK. They are just violent with their
fists or something. No adjustments necessary.
Gun ownership does not lead to violence.
People with violent personalities tend to be attracted to guns, and
swords, and knives, and bone-crunching NFL highlight videos . . .
.
Dan, you need to become better versed in the concepts of
correlation and causation.
To clarify one thing, I draw a distinction between handguns and
shotguns/rifles in the sense that I'm more in favor of a handgun
ban but would not at all be in favor of one on rifles and
shotguns.
I think a compromise between the two would work best - home defense
is a legitmate concern and I understand shotguns work best for that
purpose. Meanwhile, it's handguns that are most often used in crime
because they are easily concealed. Too often in this debate the two
categories of firearm are treated the same.
One wolf and two lambs gets the same outcome. Bush is proof. We don't need no stinkin' democracy 'round here.
SELF defense is a legitmate concern and I
understand shotguns work best for that purpose.
My wife carries a large purse, but not that large.
I have a Mosin Nagant, old old Russian rifle. Bolt action,
pretty primitive and about 5 feet long. It's a big gun.
In WW1, russian troopers would cut the barrel off and jury rig a
handle and use it as a sidearm. The recoil must have almost been
enough to break a wrist, but anyways.
Point being, necessity is the mother of invention and criminals
won't lack for concealable firearms if only rifles are legal.
I have a Mosin Nagant
I'll see your Mosie and raise you my 1929 Nagant M1895
revolver.
I think every libertarian should own at least one ex-totalitarian
firearm.
...home defense is a legitmate concern and I understand
shotguns work best for that purpose.
How about, ...self defense outside the home is a legitmate concern
and I understand handguns work best for that purpose.
Dan T. I'm no even trying.
D.C. not only bans handgun ownership by anyone who isn't a
current or former law enforcement officer; it also requires that
long guns be kept locked or unloaded and disassembled, which makes
using them against home invaders impractical.
I'd be very interested in seeing the numbers for how many retired
officers excercise their privilege and own a handgun. I'm willing
to bet that it's pretty high and, if so, that should tell you quite
a bit about the reality of the situation.
I think every libertarian should own at least one
ex-totalitarian firearm.
I took my CCDW (Concealed Carry of Deadly Weapon) shooting test
with a borrowed Sig Sauer that was taken from the body of a nazi
officer (I dont know more details, such as model, that was the only
day I had that handgun in my possession). It had small swastikas
carved into the handle at multiple spots. I didnt show it to the
guy in my CCDW class that had small swastikas tattooed on his hand
at multiple spots.
How about, ...self defense outside the home is a legitmate
concern and I understand handguns work best for that
purpose.
I'm not sure it's a legitimate concern. The risk you pose to others
by being armed in public is out of proportion to the odds that
you'll be attacked.
quick correction, I dont know if the handgun mentioned above was a sig sauer or just a sauer. My history of german/swiss firearms is limited.
I'm not sure it's a legitimate concern. The risk you pose to
others by being armed in public is out of proportion to the odds
that you'll be attacked.
The only way it is a risk to the general public is if the person
actually draws the gun and shoots. If you assume the person is
carrying for self-defense, then he/she would only draw and shoot
when he/she is attacked.
So there is no threat to the general public unsless he or she can't
shoot straight.
The risk you pose to others by being armed in
public
Zero.
is out of proportion to the odds that you'll be
attacked.
Greater than zero.
Hmmm, I disagree.
---
Oh, and after some google searching and faulty memory searching,
probably a Sauer 38H.
The only way it is a risk to the general public is if the
person actually draws the gun and shoots. If you assume the person
is carrying for self-defense, then he/she would only draw and shoot
when he/she is attacked.
"Risk" refers to what might happen, and we can't assume that a
person won't pull his gun for reasons other than self-defense, even
if that's his true rationale for carrying the gun. Not to mention
that the point where self-defense is justified is pretty
subjective.
"""SELF defense is a legitmate concern and I understand shotguns
work best for that purpose.
My wife carries a large purse, but not that large."""
Not to mention it's against the law for her to cut the shotgun down
to fit in a purse.
Not to mention that the point where self-defense is
justified is pretty subjective.
I cant speak for all 50 states + DC, but the KY law on self defense
is very clear cut. We covered it in detail in my CCDW class.
Unfortunately, I dont remember it all, but "subjective" would not
be my word to describe it.
What Lott failed to mention is the reason for the gun ban in
Ireland was not to reduce homicides there (they only had 10 murders
a year in a country of three million people for heaven's sake!),
but to cut off the supply of guns to Northern Ireland.
Well thank goodness they did. I remember vividly how the IRA shut
down all its operations around that time because they couldn't get
access to any more guns.
People who think that only the king's men have a right to carry a firearm have no concept of liberty or freedom. And by king's men, I mean law enforcement class.
"Risk" refers to what might happen, and we can't assume that
a person won't pull his gun for reasons other than self-defense, .
. .
So no one is trustworthy? Everyone is another potential criminal
just waiting for a moment of weakness or opportunity? This really
is the gist of the argument for gun control -- you just can't trust
the general public to be responsible with guns.
I disagree with you on this one. You can and
must assume the a person won't pull a gun for
reasons other than self-defense. Just like you can assume that the
vast majority of the population won't do any harmful things at
random.
Civil law is designed to handle the minority of people that do harm
by accident or incompetence.
Criminal law is designed to handle the small minority of the people
that do harm intentially.
The whole system assumes that the majority are trustworthy. So why
are guns so different?
Here you go, Dan. Enjoy.
http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No2_KatesMauseronline.pdf
I cant speak for all 50 states + DC, but the KY law on self
defense is very clear cut. We covered it in detail in my CCDW
class. Unfortunately, I dont remember it all, but "subjective"
would not be my word to describe it.
I'm not talking about the law, I'm saying that people in the heat
of the moment are going to have different thresholds for when they
consider themselves threatened.
I'm not talking about the law, I'm saying that people in the
heat of the moment are going to have different thresholds for when
they consider themselves threatened.
Translation: People can't be educated and people can't be
trusted.
I'm not sure it's a legitimate concern. The risk you pose to
others by being armed in public is out of proportion to the odds
that you'll be attacked.
Dan T. I live in fuckin' Detroit, Michigan! Look up the violent
crime stats. Still not even breakin' a sweat.
But carrick, isn't the whole rationale for carrying a handgun in public that people can't be trusted? You're trying to have it both ways.
I'm not talking about the law
Yes you were.
Not to mention that the point where self-defense is justified
is pretty subjective.
Justifiable is a legal term, at least in the KY law on
self-defense. The word justifiable is used twice in the section on
self-defense (KRS 503.050).
Basic philosophical concepts for government:
* Some people can't be educated
* Some people can't be trusted
Concept 1) Trust that most people can be educated and trusted.
Punish (civil or ciminal) the minority after they have shown (by
causing harm) that they can't be educated or trusted.
Concept 2) Don't care that most people can be educated and trusted.
Enact a series of "prior restraints" to prevent the minority from
causing harm.
That's what we're arguing about here Dan.
the whole rationale for carrying a handgun in public that
people can't be trusted?
No, the rationale is that anyone should be allowed to carry
anything unless there is a damn good reason to prevent it.
The default mode is no restriction. Restrictions require
rationales. Permission doesnt.
And that is the whole problem with your world view. You start from
the model that we need reasonable permisssion from Mommy Government
before we can do anything. Grow up.
The only time I have had to defend myself from a violent attack
with intent to commit robbery was against a knife - with a knife.
The point was that he did not expect me to be armed and able to
resist at all.
No weapons = helpless victims.
But carrick, isn't the whole rationale for carrying a
handgun in public that people can't be trusted? You're
trying to have it both ways.
See previous post, most people can be trusted, some cannot.
I am absolutely trying to have it both ways. I will trust you right
up the point when you prove you can't be trusted.
Of course, I will also consider the probablities and ensure that I
have some mitigation at hand if you do prove to be untrustworthy
(this is called risk management).
Come on, carrick. You can't simultaneously tell me that you trust people and also that you have a need to carry a dangerous weapon on your person while in public.
You can't simultaneously tell me that you trust people and
also that you have a need to carry a dangerous weapon on your
person while in public.
Makes sense unless someone like you has a vested interest in not
understanding it, Dan. Most people are good, and can be trusted not
to cause deliberate harm to others. A few people are not good, and
can not be trusted thus. I trust the majority of people not to hurt
me, even if they're allowed to carry guns, but it only takes a
determined minority of one to do me harm.
Come on, carrick. You can't simultaneously tell me that you
trust people and also that you have a need to carry a dangerous
weapon on your person while in public.
Gee I trust people, but I lock my house . . .
Gee I trust people, but I have an alarm on my car . . .
Gee I trust people, but carry collision insurance on my car . .
.
Wow, my whole life is a contradiction. Thanks for pointing that out
Dan.
Dan's had more than enough to eat today. Please refrain from
feeding him more. Thanks.
-The Mgmt.
but what's the difference between a former officer and any
other private citizen?
Former officers may know people who hold a grudge against them from
when they were cops. And most former cops would still do something
if a situation arose where the gun was needed. Plus, they've had
extensive training on proper gun usage, so they're more likely to
be effective.
Justifiable is a legal term, at least in the KY law on
self-defense. The word justifiable is used twice in the section on
self-defense (KRS 503.050).
robc, if the question of when self defense is justified is not a
subjective one, why would the law in Kentucky be any different than
anywhere else? The law of gravity is the same in all jurisdictions,
because it describes an objective fact.
"""Plus, they've had extensive training on proper gun usage, so
they're more likely to be effective."""
Extensive, that's funny.
If effectiveness is the issue, a kid brought up shooting handguns
is usually better than a guys who's only experience is the academy
and once a year at his job.
Think of it this way. Who would you rather have defending this
nation. Someone with 15 years of experience shooting or someone
with 2 months?
Dan T.:
"Risk" refers to what might happen, and we can't assume that a person won't pull his gun for reasons other than self-defense, even if that's his true rationale for carrying the gun. Not to mention that the point where self-defense is justified is pretty subjective.
"If's" are not reason enough to repeal my civil rights. If it's
anecdotes and speculation you'd like to deal in, then I carry very
often. Coworkers and friends of mine carry often. Many, many of my
neighbors here in Texas carry. If you spend anytime her in
restaurants, coffee bars, movie theaters, etc, there are armed
people around. And no problems result from them being armed.
Probably fewer problems than result from the police being armed. My
fellow carrying Texans' don't suffer from the frequent LEO
affliction of meglomania which can be
dangerous.
"""No weapons = helpless victims."""
Law enforcement agrees, that's why they carry guns.
parse,
Ky's law is different, but objective.
Are speed limits subjective or objective? They are objective, even
though they differ on different roads. The legislature's choice of
what to set it at may be subjective, but the law is objective.
Enforcement may be subjective but the law is objective.
If accidents and mis-use is a reason to ban guns, cops shouldn't have them either. Sometimes they don't know the difference between a gun and a candy bar.
Former officers may know people who hold a grudge against
them from when they were cops.
I suppose that cops have some extra grudges against them, but that
hardly warrants restricting the ability for self-defense to ex-cops
only.
And most former cops would still do something if a situation
arose where the gun was needed.
I think you'd be surprised how often normal citizens would
intervene in such situations if they had the ability.
Plus, they've had extensive training on proper gun usage, so
they're more likely to be effective.
As aforementioned, extensive is hardly the term. However, would you
then support otherwise retriction free gun laws if the only
requirement was passing a handgun safety course?
I think every libertarian should own at least one
ex-totalitarian firearm.
Ha. I'm trying to find an AK-47 with hammer and sickle insignias on
them. Or if I can't find one, I will get a modern one and engrave
it with "This machine kills fascists" in cyrilic.
Plus, they've had extensive training on proper gun usage, so
they're more likely to be effective
Effective in their own defense, yes. Ex-cops do not patrol. It's
unlikely that if I'm getting robbed, an armed ex-cop will be
walking nearby within shouting distance. It's also been shown in
that courts that POLICE DO NOT HAVE AN OBLIGATION TO HELP YOU, EVEN
IF YOUR LIFE IS IN DANGER. That right there, above all, is the
biggest reason private citizens should be allowed to own one.
Making it illegal for law-abiding citizens to defend
themselves is the legislative equivalent of holding a woman down
while someone else rapes her with a non-gang-member
passerby holding her down with the compassionate intent of keeping
her from injuring herself by straining her arm muscles while
hitting the attacker, or provoking the attacker to rape her rougher
-- and with the bystander demanding payment from her afterwards for
protective services rendered.
Except that your average gang rapist, unlike your average
gun-control fanatic, is at least too honest to tell others that his
actions make society better and safer.
A better analogy, Jennifer?
Dan,
The probability of being attacked may be small, but the
consequences of being attacked can be enormous. If you value your
life, you should be free to defend it.
Would more cops be dead if not for their firearms?
I meant that sincerely.
Dan, have an answer?
with a non-gang-member passerby holding her down with the
compassionate intent of keeping her from injuring herself by
straining her arm muscles while hitting the attacker, or provoking
the attacker to rape her rougher -- and with the bystander
demanding payment from her afterwards for protective services
rendered. A better analogy, Jennifer?
No, a better analogy would be holding her down so the poor little
rapist doesn't get hurt. After all, the only reason to prevent
someone -- say, me -- from owning a gun is that you're worried
about the safety of the people I might shoot.
robc, the original question was not whether Kentucky's law was objective, but whether justification for the use of force in self defense was objective. When various jurisdictions attempt to codify instances in which the use of force is justified, the come up with a variety of answers. This suggests that the question is, ultimately, subjective.
No, a better analogy would be holding her down so the poor
little rapist doesn't get hurt. After all, the only reason to
prevent someone -- say, me -- from owning a gun is that you're
worried about the safety of the people I might shoot.
I think it's true that most people who favor gun control are
worried about the safety of the people who might get shot. And they
are convinced that "people who might get shot if eveyrone is
allowed to bear arms" is a group that contains more innocent
victims (of criminals or of accidental shootings) than guilty
criminals. You can say that these gun control advocates are wrong,
even that they are spectacularly wrong, but you can't convince me
that any signficant number of them are motivated by the desire to
see more innocents shot.
Jennifer -- the point of my sarcastic analogy is to show that liberals actually believe they're making you safer by preventing you from having guns. They don't want rapes and murders and whatnot, but have a different (i.e., wrong) idea about how to prevent them -- the same way that liberals like joe think that the way to help the poor is to rob productive members of society, thinking they're be no blowback (Craig pun intened).
...the only reason to prevent someone -- say, me -- from owning a gun is that you're worried about the safety of the people I might shoot.
I really don't believe this is what motivates the anti-gun folk.
Maybe on the surface level, and this is definitely what they will
preach to you, but if you scratch deeper I think they have a more
philosophical objection with the proles owning guns.
Being unarmed and thus helpless to solve your own problems renders
you forever clinging to the skirt of the nanny state. They feel the
same way about your guns as Norman Bates' mother felt about those
dirty, dirty girls.
parse,
As I pointed out, justification is a legal term. The justification
is objective, at least in KY.
What is the justification for driving 55 on the highway? Answer: Is
the number on the sign greater than or equal to 55.
That is objective, even though different states put different
numbers on their sign.
I will give you another example. Prior to July of 2006, I could use
deadly force on an arsonist who was attempting to burn down my
place of residence. The justification for shooting an arsonist was
objective - Is he trying to burn down my residence?
After July 2006, the justification is - Is he trying to burn down
my residence or another building that I own? Also an objective
justification, but different from the previous one.
The legislatures reasoning for choosing just residences or all
buildings I own is subjective, but the legal justification for
capping the fuckers ass isnt.
But carrick, isn't the whole rationale for carrying a
handgun in public that people can't be trusted? You're trying to
have it both ways.
Most people can be trusted. A few cannot.
Consider this:
1) Most people will never lose their houses to fire.
2) Everyone should have a fire extinguisher in their home (or at
least the number of the fire department in easy reach).
Is this a contradiction, having it both ways?
Gun control started in this country in the slave codes. It is ironic to see Jesse Jackson and Adrian Fenty on the bully pulpit to disarm black folks and keep them victims. Leaders like them are house slaves on the liberal jackass plantation, scared to death about what would happen with freedom and responsibility for all.
Plus, they've had extensive training on proper gun usage, so they're more likely to be effective.
I'm just going to call shenanigans on that one. The only cops who
are competent with a sidearm are the ones who undertake training
and/or competitive shooting of their own volition.
I've seen cops shoot. I've regularly out-shot cops in various
pistol matches, and I'm not that great of a shot.
Most cops qualify once, maybe twice a year on courses of fire that
are laughably easy to pass.
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