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Homeward Bound

A southerner finds "home" in New Hampshire

Upon calm reflection

As the father of young adults who are of college age and too-soon-to-be (20, 17, 16, 12 and 4), I watched with horror as events unfolded this week on the campus of Virginia Tech. My solemn prayers are with the families of the dead and wounded, and with those students and parents who will have to deal with the natural fear that comes from confronting evil in an up-close and personal way.

As a law enforcement officer, gun collector, and supporter of the U.S. Constitution, I watched the predictable political aftermath. Calls both for and against further restrictions on gun ownership were heard on every news channel and internet forum.

Upon calm reflection, my view are unchanged. Well, that's not quite true; my long-held views are strengthened even more.

My friend Mrs. Chili blogged her concerns about gun ownership. She wrote me privately and asked my opinion. With your permission, I'll just use my slightly-edited reply for the rest of this post:

On this date 232 years ago, a shot heard 'round the world was fired in a dispute over gun control, so it's an appropriate discussion to be having today. (Note: this was written on April 19.)

I've grown weary of the "Constitutional right" argument, because too many people have adopted the mistaken view that rights somehow come from the U.S. Constitution. That's simply not the case; the rights enumerated there are basic human rights, which exist without regard to the Constitution.

Every person has the right to life, and to defend that life against unwarranted force, whether by criminals, government, or criminal governments, and has the inherent right to acquire, own, and use whatever defensive tools serve that purpose.

Guns are simply the most logical and effect tool for the job. They are an equalizer, giving the elderly and paraplegic the same defensive effectiveness as the young and muscular.

Gun control has created more danger, not less, when it comes to "guns out on the streets". Would you prefer to walk a dark street in the worst neighborhood in New Hampshire, where anyone may legally and openly carry a pistol with no license or registration, or the very best neighborhood in the District of Columbia, where there is a total ban on handguns? I would choose the former, especially if I was unarmed.

Gun control laws do not dissuade criminals; they only affect those who are inclined to follow the law. If a total ban on private gun ownership were to pass, how would it be enforced? Guns cannot be made to disappear. Even if they could, that wouldn't be a good thing: we had a world without guns once, and it was ruled by gangs of the strongest and most vicious men bearing swords and clubs. We called it the Dark Ages.

And to borrow a phrase, "When machine shops are outlawed, only outlaws can make guns." If barefoot and illiterate Khyber Pass natives can turn a truck axle into a functional AK-47 using nothing more complex than a charcoal fire and a file, I predict a booming underground gun manufacturing industry if the U.S. were to ban guns. Prohibition will have no more effect on guns than it did on alcohol, nor than it does today on illegal drugs.

My views on gun control are the same as expressed by L. Neil Smith in his "Atlanta Declaration". It's usually abbreviated to the opening sentence, but you can read the whole speech here: http://www.lneilsmith.org/atlanta.html

"Every man, woman, and responsible child has an unalienable individual, civil, Constitutional, and human right to obtain, own, and carry, openly or concealed, any weapon -- rifle, shotgun, handgun, machinegun, anything -- any time, any place, without asking anyone's permission."

There can be no "common sense" restrictions on a basic human right. Rights are not subject to a vote by the majority, nor the mandates of rulers. Rights either are or aren't; they exist whether they are recognized or not. The lowliest slave in the most oppressive kingdom has the same rights as you and I, even if he can't assert and enjoy them.

In a humorous coincidence, prolific blogger --and Texas deputy sheriff-- Law Dog mirrored some of my words almost identically. Note his comment about charcoal fires and AK-47s. As I told him, "Minds of a feather think together."

Prohibition, whether of alcohol, recreational drugs, or guns, always produces side effects far worse than the problem they purport to fix.

The problem is not the guns.

 

Published Friday, April 20, 2007 10:23 PM by KBCraig
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Mrs. Chili said:

I'm still not sure I understand your NH/DC comment  - could you elaborate a bit for me, please?

I've been thinking extensively about this for quite some time -  long before the VT shootings.  I still haven't made up my mind, but I still believe that it's far too easy to get one's hands on a gun.  I have to register my car every year, but my neighbor doesn't have to register his gun every year.  I'm not sure that makes sense to me.

I'm coming to agree that it's not the guns, it's the culture (and the culture of guns).  I have to admit to feeling a bit hypocritical here; I LOVE action adventure movies (the last flick I saw in the theaters was Shooter).  The difference here is that I KNOW the difference between fantasy and reality.  I'm teaching my children that a good shoot-'em-up film might be fun, but that violence is NOT the way to solve problems.

The problem may well be that not enough parents are teaching those lessons...

April 21, 2007 9:12 PM
 

Contrary said:

NH = very little gun control & very little gun violence

DC = Stringent gun control & among the highest murder rates  in the country

Off topic just a bit, but I do so tire of Hollywood glorifying gun use and violence on the one hand and denouncing those who would own guns in the real world on the other.    

April 21, 2007 10:58 PM
 

KBCraig said:

Contrary explained the NH/DC contrast nicely. You're far safer in the worst part of Nashua or Manchester, than in the best parts of any city with strict gun control.

As for registration: you're not required to register your car. You can buy a car and drive it all you want without registering it. The government doesn't have to know you have it, and won't come confiscate it. BUT, if you want to drive it on a public road, you are required to register it and pay taxes, which pay for the roads and their maintenance. But if you own a few hundred acres and have your own roads, you can drive to your heart's content and not pay the government a dime. You can even buy off-road gasoline, and save the 40-something cents of road tax included in the price of every gallon you'd normally buy at a gas station.

That's not meant as a cutesy argument, it's merely the truth. You register and pay taxes on your car because you consume public resources when you drive. Registration and fuel taxes are a direct user fee, just like paying to camp in a state park.

Owning or carrying a gun uses no one's resources except the owner's. The shotgun in your neighbor's closet, or the pistol on my hip, don't cost you a dime. There's no reason your neighbor or I should have to pay a tax or register those guns in any way.

There is only one reason for gun registration: gun confiscation. Registration doesn't stop crime. It doesn't stop theft. It doesn't help recover stolen guns. It doesn't solve crimes, no matter what the highly fictional TV crime dramas tell you.

I share Contrary's view on Hollywood. I hate shoot-'em-ups. I don't mind historical portrayals of justified violence; three of my favorite movies are The Last of the Mohicans, The Patriot, and Saving Pvt. Ryan, but I won't watch a Die Hard, Matrix, Rambo, or other comic book nonsense. I especially won't watch Shooter, because Stephen Hunter's Bob Lee Swagger books are set in my home county in Arkansas, and too much of it is just... "wrong".

Back to the subject: some people want to register and control guns because they might be used in violent crime. Should we register and control computers, because they might be used for child pornography? Telephones, because they might be used to deliver terroristic threats? Gas cans, because someone might kill 87 people by burning down a night club? Fertilizer and diesel, because someone might kill 168 people with an ANFO bomb? Knives because a madman might stab eight school children to death and wound 15 others, or to stab eight student nurses to death? Flavor-Ade, because someone might mix it with cyanide and kill 915 cultists? Would boxcutter registration have saved the lives of 2,973 on September 11, 2001?

No law prevents anything. The law can prohibit and proscribe, but those who do not care about the law will not be deterred. Someone bent on capital murder will not care if he violates a misdemeanor gun law in the process.

I'll hush now, but I'm glad to continue the conversation if you have more questions or doubts.

April 21, 2007 11:47 PM
 

Mrs. Chili said:

I'm going to start this comment by saying that, at this point, I'm kind of playing Devil's advocate here.  I've come off of my hysterical limb and am thinking more clearly and, while I'm still not entirely convinced that we've got even a fantasy of control on this topic, I'm willing to concede that there's merit of both sides.

Now, having said that, I don't for a second buy the whole "I could kill you with a knife.  Are you going to keep me out of your kitchen" argument - and you're not the first one to point this out to me, either.  I think the woman reading in the middle of the lake joke is funny, too, and I understand the concept that otherwise harmless things can be used for evil, but without exception, EVERY other thing that gets mentioned as a potential weapon has other intended - and benign - purposes.  The ONLY purpose of a gun, as far as I can see, is to hurl a projectile at deadly speed toward something else.  Granted, that something else may be an inanimate target, and it may be a bad guy, but guns have no other function than to do what they do.

WHY is there less gun violence in states where there's stricter gun control?  Can the same be said for other COUNTRIES which have tight gun laws?  I don't know...

Your point about not giving a crap about a misdemeanor gun law is well taken, and really, that's the one that I keep falling back to (with a slight bit of despair) when I think about all of this.  An addict will find his crack, and we've outlawed that, so it's not a great leap to think that gun laws won't keep a crazy with murder on his mind to get his hand around the grip of a gun.

I just wish it weren't so EASY, though.  I sometimes wonder - would most people actually do the things they do if they didn't have the tools?  I'm assuming a general laziness on most people's part, and wonder how many of the horrific things we see done with guns aren't spur-of-the-moment crimes of opportunity.  If a gun weren't just lying around, would the guy who's pissed off at his girfriend have shot her dead in the heat of his rage?  Would the VT or Amish schoolchildren shooters have gone to the trouble of getting black market guns, or would they have just figured out a way to commit spectacular suicide?  These are just things I ponder as I worry about my children's safety in their elementary school (to which a .38 was brought - and fired in a classroom - by a fifth grader some years ago) or my own safety on the streets or in our local Wal-Mart (because I KNOW it's just a matter of time before some disgruntaled someone goes off in THAT place!).....

You are all so fabulous to talk to me about this stuff, and I appreciate not only your views, but your willingness to share them with me.  This is how I learn, and I'm grateful to you for helping me do that.

April 22, 2007 7:38 AM
 

AndyThePug said:

Very well put. One can argue the utilitarian arguments against gun control all day, and they'll be met by utilitarian arguments in favor of gun control. Almost all mistaken arguments, but you'll hear them and in most people's eyes neither has more legitimacy than the other.

However, when you strip away the statistics and theories, and get down to the moral basis of the question. Not the emotional one, but the cold, hard, moral basis of it- the simple fact is that the act of owning a gun harms no one. In the same way free speech, freedom of religion, or freedom of association harm no one. All three of those can be directly tied to acts that do harm people, acts that might have been prevented had the relevant freedom been denied to everybody. However, we recognize the fact that is immoral to do so because these freedoms are basic, human rights which can not justly be denied to any person.

What makes these rights, though? Why are these freedoms enshrined as rights while other freedoms are not? The underlying, common denominator to these rights, and all others, is that the act of exercising the liberty in question, on an individual basis, does not inherently cause harm to another person. And the exact same thing can be said for firearms ownership. That is what makes it, or any other freedom, a basic right that can not be justly violated.

You said that you have come to dislike the idea of "Constitutional rights" because it fosters the idea that the Constitution is the source of these rights. I would take it one step further and claim that any enumeration of rights should be avoided on the basis that it fosters the idea that these rights come from some pre-existing list, and that any right not found on that list isn't a right at all, as opposed to the idea that there is a basic formula, the Harm Principle as some have called it, that can be applied to any human action to determine whether or not it constitutes a right.

Now the obvious caveat is how you define "harm", but that's grounds for libraries full of opinions and debate in and of itself.

-Andy

April 22, 2007 7:41 AM
 

Mrs. Chili said:

Andy, you make some very good points here.  I resist listing "rules" in the syllabi for my classes for that very reason; if it's not expressly prohibited, then the assumption is that it's allowed.  It's quite the sticky wicket.

Really, what it all comes down to is the idea of personal responsibility and education, and what we, as a society, find permissable.  While we all shake our heads and bemoan the state of things, I'm not sure that enough of us are doing enough to stand up and say that it's not right.  My children are being raised to understand that violence serves no one; that if you can recognize yourself in others, than you can harm no one; and that anything that is intended to degrade another only degrades oneself in the use of it.  I'm not sure there's enough of that sort of lesson going around lately, though, and the fact that I'm starting to become accustomed to the horror stories on the news makes me tremble for the future.

April 22, 2007 2:40 PM
 

AndyThePug said:

"if it's not expressly prohibited, then the assumption is that it's allowed"

Well, when dealing with the government that's exactly the way it needs to work, actually. Unless there's a specific, Constitutional grant of power to the federal government (and in most states it, in theory, works the same way with the state government), that power is expressly denied to the government.

The simple fact is that any government will expand over time, both in pure size and the scope of its authority. That's why Jefferson wrote of the need for a revolution every twenty years or so. Barring armed revolt, the best way to keep a government in check is to put up as many obstacles and hoops they have to jump through to expand their power as you can. The 1st Amendment could be done away with if enough politicians, or even moreso, enough of the people got behind doing so. However, because the only way to do so would be to go through the arduos process of amending the Constitution, it's very unlikely. That's rule two of government- while power-grabbing, it's also generally lazy.

In a very good book I recently read, Robert Heinelin has his character, in the wake of a revolution (on the moon, but that's not really relevant) propose that the new legislature be bicameral. The lower house could pass any law by a 2/3 supermajority. The upper house could repeal any law by a 1/10 vote. In my opinion, a very good idea.

That's the problem with the UK right now. They have a doctrine of "parliamentary sovereignty", whereby literally anything can be done by a simply majority vote in Parliament. Anything. There's no right they can't trample, no constitutional principle they can't violate. They could even, contrary to popular belief over here across the pond, do away with the monarchy if they so chose. Now, it would appear at first glance that the UK is doing fine, but when you look at the trend of government growth there, since Parliament truly began to exercise this principle of sovereignty in the mid 19th century, you can see how quickly and rapidly their government has grown to envelop almost every aspect of life. And it's a trend that's continuing now, with several laws in the past few years violating freedom of speech in the name of religious and cultural "tolerance". Of course, the right to bear arms died in the UK a long, long time ago.

April 22, 2007 7:47 PM

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