"To ban guns because criminals use them is to tell the innocent and
law-abiding that their rights and liberties depend not on their
own conduct, but on the conduct of the guilty and the lawless,
and that the law will permit them to have only such rights and
liberties as the lawless will allow... For society does not control
crime, ever, by forcing the law-abiding to accommodate themselves
to the expected behavior of criminals. Society controls crime by
forcing the criminals to accommodate themselves to the expected
behavior of the law-abiding." -- Jeff Snyder
The following article was originally published in the in the Fall, 1993 issue of The Public Interest, a quarterly journal of opinion published by National Affairs, Inc. It is reprinted here for Internet distribution with the permission of the author. You may freely, forward copies to politicians and others, provided that it is not distributed for profit. (Note that this is a fairly long page--about 17 screens worth.)
A Nation of Cowards
By Jeffrey R. Snyder
OUR SOCIETY has reached a pinnacle of self-expression and respect for individuality rare or unmatched in history. Our entire popular culture -- from fashion magazines to the cinema -- positively screams the matchless worth of the individual, and glories in eccentricity, nonconformity, independent judgment, and self-determination. This enthusiasm is reflected in the prevalent notion that helping someone entails increasing that person's "self-esteem"; that if a person properly values himself, he will naturally be a happy, productive, and, in some inexplicable fashion, responsible member of society.
And yet, while people are encouraged to revel in their
individuality and incalculable self-worth, the media and the law
enforcement establishment continually advise us that, when
confronted with the threat of lethal violence, we should not
resist, but simply give the attacker what he wants. If the crime
under consideration is rape, there is some notable waffling on
this point, and the discussion quickly moves to how the woman can
change her behavior to minimize the risk of rape, and the various
ridiculous, non-lethal weapons she may acceptably carry, such as
whistles, keys, mace or, that weapon which really sends shivers
down a rapist's spine, the portable cellular phone.
Now how can this be? How can a person who values himself so
highly calmly accept the indignity of a criminal assault? How can
one who believes that the essence of his dignity lies in his
self-determination passively accept the forcible deprivation of
that self-determination? How can he, quietly, with great dignity
and poise, simply hand over the goods?
The assumption, of course, is that there is no inconsistency. The
advice not to resist a criminal assault and simply hand over the
goods is founded on the notion that one's life is of incalculable
value, and that no amount of property is worth it. Put aside, for
a moment, the outrageousness of the suggestion that a criminal
who proffers lethal violence should be treated as if he has
instituted a new social contract: "I will not hurt or kill
you if you give me what I want." For years, feminists have
labored to educate people that rape is not about sex, but about
domination, degradation, and control. Evidently, someone needs to
inform the law enforcement establishment and the media that
kidnapping, robbery, carjacking, and assault are not about
property.
Crime is not only a complete disavowal of the social contract,
but also a commandeering of the victim's person and liberty. If
the individual's dignity lies in the fact that he is a moral
agent engaging in actions of his own will, in free exchange with
others, then crime always violates the victim's dignity. It is,
in fact, an act of enslavement. Your wallet, your purse, or your
car may not be worth your life, but your dignity is; and if it is
not worth fighting for, it can hardly be said to exist.
The gift of life
Although difficult for modern man to fathom, it was once widely
believed that life was a gift from God, that to not defend that
life when offered violence was to hold God's gift in contempt, to
be a coward and to breach one's duty to one's community. A sermon
given in Philadelphia in 1747 unequivocally equated the failure
to defend oneself with suicide:
He that suffers his life to be taken from him by one that hath no
authority for that purpose, when he might preserve it by defense,
incurs the Guilt of self murder since God hath enjoined him to seek
the continuance of his life, and Nature itself teaches every creature
to defend itself.
"Cowardice" and "self-respect" have
largely disappeared from public discourse. In their place we are
offered "self-esteem" as the bellwether of success and
a proxy for dignity. "Self-respect" implies that one
recognizes standards, and judges oneself worthy by the degree to
which one lives up to them. "Self-esteem" simply means
that one feels good about oneself. "Dignity" used to
refer to the self-mastery and fortitude with which a person
conducted himself in the face of life's vicissitudes and the
boorish behavior of others. Now, judging by campus speech codes,
dignity requires that we never encounter a discouraging word and
that others be coerced into acting respectfully, evidently on the
assumption that we are powerless to prevent our degradation if
exposed to the demeaning behavior of others. These are signposts
proclaiming the insubstantiality of our character, the hollowness
of our souls.
It is impossible to address the problem of rampant crime without
talking about the moral responsibility of the intended victim.
Crime is rampant because the law-abiding, each of us, condone it,
excuse it, permit it, submit to it. We permit and encourage it
because we do not fight back, immediately, then and there, where
it happens. Crime is not rampant because we do not have enough
prisons, because judges and prosecutors are too soft, because the
police are hamstrung with absurd technicalities. The defect is
there, in our character. We are a nation of cowards and shirkers.
Do you feel lucky?
In 1991, when then-Attorney General Richard Thornburgh released
the FBI's annual crime statistics, he noted that it is now more
likely that a person will be the victim of a violent crime than
that he will be in an auto accident. Despite this, most people
readily believe that the existence of the police relieves them of
the responsibility to take full measures to protect themselves.
The police, however, are not personal bodyguards. Rather, they
act as a general deterrent to crime, both by their presence and
by apprehending criminals after the fact. As numerous courts have
held, they have no legal obligation to protect anyone in
particular. You cannot sue them for failing to prevent you from
being the victim of a crime.
Insofar as the police deter by their presence, they are very,
very good. Criminals take great pains not to commit a crime in
front of them. Unfortunately, the corollary is that you can
pretty much bet your life (and you are) that they won't be there
at the moment you actually need them. Should you ever be the
victim of an assault, a robbery, or a rape, you will find it very
difficult to call the police while the act is in progress, even
if you are carrying a portable cellular phone. Nevertheless, you
might be interested to know how long it takes them to show up.
Department of Justice statistics for 1991 show that, for all
crimes of violence, only 28 percent of calls are responded to
within five minutes. The idea that protection is a service people
can call to have delivered and expect to receive in a timely
fashion is often mocked by gun owners, who love to recite the
challenge, "Call for a cop, call for an ambulance, and call
for a pizza. See who shows up first."
Many people deal with the problem of crime by convincing
themselves that they live, work, and travel only in special
"crime-free" zones. Invariably, they react with shock
and hurt surprise when they discover that criminals do not play
by the rules and do not respect these imaginary boundaries. If,
however, you understand that crime can occur anywhere at anytime,
and if you understand that you can be maimed or mortally wounded
in mere seconds, you may wish to consider whether you are willing
to place the responsibility for safeguarding your life in the
hands of others.
Power and responsibility
Is your life worth protecting? If so, whose responsibility is it
to protect it? If you believe that it is the police's, not only
are you wrong -- since the courts universally rule that they have
no legal obligation to do so -- but you face some difficult moral
quandaries. How can you rightfully ask another human being to
risk his life to protect yours, when you will assume no
responsibility yourself? Because that is his job and we pay him
to do it? Because your life is of incalculable value, but his is
only worth the $30,000 salary we pay him? If you believe it
reprehensible to possess the means and will to use lethal force
to repel a criminal assault, how can you call upon another to do
so for you?
Do you believe that you are forbidden to protect yourself because
the police are better qualified to protect you, because they know
what they are doing but you're a rank amateur? Put aside that
this is equivalent to believing that only concert pianists may
play the piano and only professional athletes may play sports.
What exactly are these special qualities possessed only by the
police and beyond the rest of us mere mortals?
One who values his life and takes seriously his responsibilities
to his family and community will possess and cultivate the means
of fighting back, and will retaliate when threatened with death
or grievous injury to himself or a loved one. He will never be
content to rely solely on others for his safety, or to think he
has done all that is possible by being aware of his surroundings
and taking measures of avoidance. Let's not mince words: He will
be armed, will be trained in the use of his weapon, and will
defend himself when faced with lethal violence.
Fortunately, there is a weapon for preserving life and liberty
that can be wielded effectively by almost anyone -- the handgun.
Small and light enough to be carried habitually, lethal, but
unlike the knife or sword, not demanding great skill or strength,
it truly is the "great equalizer." Requiring only
hand-eye coordination and a modicum of ability to remain cool
under pressure, it can be used effectively by the old and the
weak against the young and the strong, by the one against the
many.
The handgun is the only weapon that would give a lone female
jogger a chance of prevailing against a gang of thugs intent on
rape, a teacher a chance of protecting children at recess from a
madman intent on massacring them, a family of tourists waiting at
a mid-town subway station the means to protect themselves from a
gang of teens armed with razors and knives.
But since we live in a society that by and large outlaws the
carrying of arms, we are brought into the fray of the Great
American Gun War. Gun control is one of the most prominent
battlegrounds in our current culture wars. Yet it is unique in
the half-heartedness with which our conservative leaders and
pundits -- our "conservative elite" -- do battle, and
have conceded the moral high ground to liberal gun control
proponents. It is not a topic often written about, or written
about with any great fervor, by William F. Buckley or Patrick
Buchanan. As drug czar, William Bennett advised President Bush to
ban "assault weapons." George Will is on record as
recommending the repeal of the Second Amendment, and Jack Kemp is
on record as favoring a ban on the possession of semiautomatic
"assault weapons." The battle for gun rights is one
fought predominantly by the common man. The beliefs of both our
liberal and conservative elites are in fact abetting the criminal
rampage through our society.
Selling crime prevention
By any rational measure, nearly all gun control proposals are
hokum. The Brady Bill, for example, would not have prevented John
Hinckley from obtaining a gun to shoot President Reagan; Hinckley
purchased his weapon five months before the attack, and his
medical records could not have served as a basis to deny his
purchase of a gun, since medical records are not public documents
filed with the police. Similarly, California's waiting period and
background check did not stop Patrick Purdy from purchasing the
"assault rifle" and handguns he used to massacre
children during recess in a Stockton schoolyard; the felony
conviction that would have provided the basis for stopping the
sales did not exist, because Mr. Purdy's previous weapons
violations were plea-bargained down from felonies to
misdemeanors.
In the mid-sixties there was a public service advertising
campaign targeted at car owners about the prevention of car
theft. The purpose of the ad was to urge car owners not to leave
their keys in their cars. The message was, "Don't help a
good boy go bad." The implication was that, by leaving his
keys in his car, the normal, law-abiding car owner was
contributing to the delinquency of minors who, if they just
weren't tempted beyond their limits, would be "good."
Now, in those days people still had a fair sense of just who was
responsible for whose behavior. The ad succeeded in enraging a
goodly portion of the populace, and was soon dropped.
Nearly all of the gun control measures offered by Handgun
Control, Inc. (HCI) and its ilk embody the same philosophy. They
are founded on the belief that America's law-abiding gun owners
are the source of the problem. With their unholy desire for
firearms, they are creating a society awash in a sea of guns,
thereby helping good boys go bad, and helping bad boys be badder.
This laying of moral blame for violent crime at the feet of the
law-abiding, and the implicit absolution of violent criminals for
their misdeeds, naturally infuriates honest gun owners.
The files of HCI and other gun control organizations are filled
with proposals to limit the availability of semiautomatic and
other firearms to law-abiding citizens, and barren of proposals
for apprehending and punishing violent criminals. It is ludicrous
to expect that the proposals of HCI, or any gun control laws,
will significantly curb crime. According to Department of Justice
and Bureau of Alcohol, Tobacco and Firearms (ATF) statistics,
fully 90 percent of violent crimes are committed without a
handgun, and 93 percent of the guns obtained by violent criminals
are not obtained through the lawful purchase and sale
transactions that are the object of most gun control legislation.
Furthermore, the number of violent criminals is minute in
comparison to the number of firearms in America -- estimated by
the ATF at about 200 million, approximately one-third of which
are handguns. With so abundant a supply, there will always be
enough guns available for those who wish to use them for
nefarious ends, no matter how complete the legal prohibitions
against them, or how draconian the punishment for their
acquisition or use. No, the gun control proposals of HCI and
other organizations are not seriously intended as crime control.
Something else is at work here.
The tyranny of the elite
Gun control is a moral crusade against a benighted, barbaric
citizenry. This is demonstrated not only by the ineffectualness
of gun control in preventing crime, and by the fact that it
focuses on restricting the behavior of the law-abiding rather
than apprehending and punishing the guilty, but also by the
execration that gun control proponents heap on gun owners and
their evil instrumentality, the NRA. Gun owners are routinely
portrayed as uneducated, paranoid rednecks fascinated by and
prone to violence, i.e., exactly the type of person who opposes
the liberal agenda and whose moral and social
"re-education" is the object of liberal social
policies. Typical of such bigotry is New York Gov. Mario Cuomo's
famous characterization of gun-owners as "hunters who drink
beer, don't vote, and lie to their wives about where they were
all weekend." Similar vituperation is rained upon the NRA,
characterized by Sen. Edward Kennedy as the "pusher's best
friend," lampooned in political cartoons as standing for the
right of children to carry firearms to school and, in general,
portrayed as standing for an individual's God-given right to blow
people away at will.
The stereotype is, of course, false. As criminologist and
constitutional lawyer Don B. Kates, Jr. and former HCI
contributor Dr. Patricia Harris have pointed out, "[s]tudies
consistently show that, on the average, gun owners are better
educated and have more prestigious jobs than non-owners.... Later
studies show that gun owners are less likely than non-owners to
approve of police brutality, violence against dissenters,
etc."
Conservatives must understand that the antipathy many liberals
have for gun owners arises in good measure from their statist
utopianism. This habit of mind has nowhere been better explored
than in The Republic. There, Plato argues that the perfectly just
society is one in which an unarmed people exhibit virtue by
minding their own business in the performance of their assigned
functions, while the government of philosopher-kings, above the
law and protected by armed guardians unquestioning in their
loyalty to the state, engineers, implements, and fine-tunes the
creation of that society, aided and abetted by myths that both
hide and justify their totalitarian manipulation.
The unarmed life
When columnist Carl Rowan preaches gun control and uses a gun to
defend his home, when Maryland Gov. William Donald Schaefer seeks
legislation year after year to ban semiautomatic "assault
weapons" whose only purpose, we are told, is to kill people,
while he is at the same time escorted by state police armed with
large-capacity 9mm semiautomatic pistols, it is not simple
hypocrisy. It is the workings of that habit of mind possessed by
all superior beings who have taken upon themselves the terrible
burden of civilizing the masses and who understand, like our
Congress, that laws are for other people.
The liberal elite know that they are philosopher-kings. They know
that the people simply cannot be trusted; that they are incapable
of just and fair self-government; that left to their own devices,
their society will be racist, sexist, homophobic, and inequitable
-- and the liberal elite know how to fix things. They are going
to help us live the good and just life, even if they have to lie
to us and force us to do it. And they detest those who stand in
their way.
The private ownership of firearms is a rebuke to this utopian
zeal. To own firearms is to affirm that freedom and liberty are
not gifts from the state. It is to reserve final judgment about
whether the state is encroaching on freedom and liberty, to stand
ready to defend that freedom with more than mere words, and to
stand outside the state's totalitarian reach.
The Florida experience
The elitist distrust of the people underlying the gun control
movement is illustrated beautifully in HCI's campaign against a
new concealed-carry law in Florida. Prior to 1987, the Florida
law permitting the issuance of concealed-carry permits was
administered at the county level. The law was vague, and, as a
result, was subject to conflicting interpretation and political
manipulation. Permits were issued principally to security
personnel and the privileged few with political connections.
Permits were valid only within the county of issuance.
In 1987, however, Florida enacted a uniform concealed-carry law
which mandates that county authorities issue a permit to anyone
who satisfies certain objective criteria. The law requires that a
permit be issued to any applicant who is a resident, at least
twenty-one years of age, has no criminal record, no record of
alcohol or drug abuse, no history of mental illness, and provides
evidence of having satisfactorily completed a firearms safety
course offered by the NRA or other competent instructor. The
applicant must provide a set of fingerprints, after which the
authorities make a background check. The permit must be issued or
denied within ninety days, is valid throughout the state, and
must be renewed every three years, which provides authorities a
regular means of reevaluating whether the permit holder still
qualifies.
Passage of this legislation was vehemently opposed by HCI and the
media. The law, they said, would lead to citizens shooting each
other over everyday disputes involving fender benders, impolite
behavior, and other slights to their dignity. Terms like
"Florida, the Gunshine State" and "Dodge City
East" were coined to suggest that the state, and those
seeking passage of the law, were encouraging individuals to act
as judge, jury, and executioner in a "Death Wish"
society.
No HCI campaign more clearly demonstrates the elitist beliefs
underlying the campaign to eradicate gun ownership. Given the
qualifications required of permit holders, HCI and the media can
only believe that common, law-abiding citizens are seething
cauldrons of homicidal rage, ready to kill to avenge any slight
to their dignity, eager to seek out and summarily execute the
lawless. Only lack of immediate access to a gun restrains them
and prevents the blood from flowing in the streets. They are so
mentally and morally deficient that they would mistake a permit
to carry a weapon in self-defense as a state-sanctioned license
to kill at will.
Did the dire predictions come true? Despite the fact that Miami
and Dade County have severe problems with the drug trade, the
homicide rate fell in Florida following enactment of this law, as
it did in Oregon following enactment of similar legislation
there. There are, in addition, several documented cases of new
permit holders successfully using their weapons to defend
themselves. Information from the Florida Department of State
shows that, from the beginning of the program in 1987 through
June 1993, 160,823 permits have been issued, and only 530, or
about 0.33 percent of the applicants, have been denied a permit
for failure to satisfy the criteria, indicating that the law is
benefiting those whom it was intended to benefit -- the
law-abiding. Only 16 permits, less than 1/100th of 1 percent,
have been revoked due to the post-issuance commission of a crime
involving a firearm.
The Florida legislation has been used as a model for legislation
adopted by Oregon, Idaho, Montana, and Mississippi. There are, in
addition, seven other states (Maine, North and South Dakota,
Utah, Washington, West Virginia, and, with the exception of
cities with a population in excess of 1 million, Pennsylvania)
which provide that concealed-carry permits must be issued to
law-abiding citizens who satisfy various objective criteria.
Finally, no permit is required at all in Vermont. Altogether,
then, there are thirteen states in which law-abiding citizens who
wish to carry arms to defend themselves may do so. While no one
appears to have compiled the statistics from all of these
jurisdictions, there is certainly an ample data base for those
seeking the truth about the trustworthiness of law-abiding
citizens who carry firearms.
Other evidence also suggests that armed citizens are very
responsible in using guns to defend themselves. Florida State
University criminologist Gary Kleck, using surveys and other
data, has determined that armed citizens defend their lives or
property with firearms against criminals approximately 1 million
times a year. In 98 percent of these instances, the citizen
merely brandishes the weapon or fires a warning shot. Only in 2
percent of the cases do citizens actually shoot their assailants.
In defending themselves with their firearms, armed citizens kill
2,000 to 3,000 criminals each year, three times the number killed
by the police. A nationwide study by Kates, the constitutional
lawyer and criminologist, found that only 2 percent of civilian
shootings involved an innocent person mistakenly identified as a
criminal. The "error rate" for the police, however, was
11 percent, over five times as high.
It is simply not possible to square the numbers above and the
experience of Florida with the notions that honest, law-abiding
gun owners are borderline psychopaths itching for an excuse to
shoot someone, vigilantes eager to seek out and summarily execute
the lawless, or incompetent fools incapable of determining when
it is proper to use lethal force in defense of their lives. Nor
upon reflection should these results seem surprising. Rape,
robbery, and attempted murder are not typically actions rife with
ambiguity or subtlety, requiring special powers of observation
and great book-learning to discern. When a man pulls a knife on a
woman and says, "You're coming with me," her judgment
that a crime is being committed is not likely to be in error.
There is little chance that she is going to shoot the wrong
person. It is the police, because they are rarely at the scene of
the crime when it occurs, who are more likely to find themselves
in circumstances where guilt and innocence are not so clear-cut,
and in which the probability for mistakes is higher.
Arms and liberty
Classical republican philosophy has long recognized the critical
relationship between personal liberty and the possession of arms
by a people ready and willing to use them. Political theorists as
dissimilar as Niccolo Machiavelli, Sir Thomas More, James
Harrington, Algernon Sidney, John Locke, and Jean-Jacques
Rousseau all shared the view that the possession of arms is vital
for resisting tyranny, and that to be disarmed by one's
government is tantamount to being enslaved by it. The possession
of arms by the people is the ultimate warrant that government
governs only with the consent of the governed. As Kates has
shown, the Second Amendment is as much a product of this
political philosophy as it is of the American experience in the
Revolutionary War. Yet our conservative elite has abandoned this
aspect of republican theory. Although our conservative pundits
recognize and embrace gun owners as allies in other arenas, their
battle for gun rights is desultory. The problem here is not a
statist utopianism, although goodness knows that liberals are not
alone in the confidence they have in the state's ability to solve
society's problems. Rather, the problem seems to lie in certain
cultural traits shared by our conservative and liberal elites.
One such trait is an abounding faith in the power of the word.
The failure of our conservative elite to defend the Second
Amendment stems in great measure from an overestimation of the
power of the rights set forth in the First Amendment, and a
general undervaluation of action. Implicit in calls for the
repeal of the Second Amendment is the assumption that our First
Amendment rights are sufficient to preserve our liberty. The
belief is that liberty can be preserved as long as men freely
speak their minds; that there is no tyranny or abuse that can
survive being exposed in the press; and that the truth need only
be disclosed for the culprits to be shamed. The people will act,
and the truth shall set us, and keep us, free.
History is not kind to this belief, tending rather to support the
view of Hobbes, Machiavelli, and other republican theorists that
only people willing and able to defend themselves can preserve
their liberties. While it may be tempting and comforting to
believe that the existence of mass electronic communication has
forever altered the balance of power between the state and its
subjects, the belief has certainly not been tested by time, and
what little history there is in the age of mass communication is
not especially encouraging. The camera, radio, and press are mere
tools and, like guns, can be used for good or ill. Hitler, after
all, was a masterful orator, used radio to very good effect, and
is well known to have pioneered and exploited the propaganda
opportunities afforded by film. And then, of course, there were
the Brownshirts, who knew very well how to quell dissent among
intellectuals.
Polite society
In addition to being enamored of the power of words, our
conservative elite shares with liberals the notion that an armed
society is just not civilized or progressive, that massive gun
ownership is a blot on our civilization. This association of
personal disarmament with civilized behavior is one of the great
unexamined beliefs of our time.
Should you read English literature from the sixteenth through
nineteenth centuries, you will discover numerous references to
the fact that a gentleman, especially when out at night or
traveling, armed himself with a sword or a pistol against the
chance of encountering a highwayman or other such predator. This
does not appear to have shocked the ladies accompanying him.
True, for the most part there were no police in those days, but
we have already addressed the notion that the presence of the
police absolves people of the responsibility to look after their
safety, and in any event the existence of the police cannot be
said to have reduced crime to negligible levels.
It is by no means obvious why it is "civilized" to
permit oneself to fall easy prey to criminal violence, and to
permit criminals to continue unobstructed in their evil ways.
While it may be that a society in which crime is so rare that no
one ever needs to carry a weapon is "civilized," a
society that stigmatizes the carrying of weapons by the
law-abiding -- because it distrusts its citizens more than it
fears rapists, robbers, and murderers -- certainly cannot claim
this distinction. Perhaps the notion that defending oneself with
lethal force is not "civilized" arises from the view
that violence is always wrong, or the view that each human being
is of such intrinsic worth that it is wrong to kill anyone under
any circumstances. The necessary implication of these
propositions, however, is that life is not worth defending. Far
from being "civilized," the beliefs that
counterviolence and killing are always wrong are an invitation to
the spread of barbarism. Such beliefs announce loudly and clearly
that those who do not respect the lives and property of others
will rule over those who do.
In truth, one who believes it wrong to arm himself against
criminal violence shows contempt of God's gift of life (or, in
modern parlance, does not properly value himself), does not live
up to his responsibilities to his family and community, and
proclaims himself mentally and morally deficient, because he does
not trust himself to behave responsibly. In truth, a state that
deprives its law-abiding citizens of the means to effectively
defend themselves is not civilized but barbarous, becoming an
accomplice of murderers, rapists, and thugs and revealing its
totalitarian nature by its tacit admission that the disorganized,
random havoc created by criminals is far less a threat than are
men and women who believe themselves free and independent, and
act accordingly.
While gun control proponents and other advocates of a kinder,
gentler society incessantly decry our "armed society,"
in truth we do not live in an armed society. We live in a society
in which violent criminals and agents of the state habitually
carry weapons, and in which many law-abiding citizens own
firearms but do not go about armed. Department of Justice
statistics indicate that 87 percent of all violent crimes occur
outside the home. Essentially, although tens of millions own
firearms, we are an unarmed society.
Take back the night
Clearly the police and the courts are not providing a significant
brake on criminal activity. While liberals call for more poverty,
education, and drug treatment programs, conservatives take a more
direct tack. George Will advocates a massive increase in the
number of police and a shift toward "community-based
policing." Meanwhile, the NRA and many conservative leaders
call for laws that would require violent criminals serve at least
85 percent of their sentences and would place repeat offenders
permanently behind bars.
Our society suffers greatly from the beliefs that only official
action is legitimate and that the state is the source of our
earthly salvation. Both liberal and conservative prescriptions
for violent crime suffer from the "not in my job
description" school of thought regarding the
responsibilities of the law-abiding citizen, and from an
overestimation of the ability of the state to provide society's
moral moorings. As long as law-abiding citizens assume no
personal responsibility for combating crime, liberal and
conservative programs will fail to contain it.
Judging by the numerous articles about concealed-carry in gun
magazines, the growing number of products advertised for such
purpose, and the increase in the number of concealed-carry
applications in states with mandatory-issuance laws, more and
more people, including growing numbers of women, are carrying
firearms for self-defense. Since there are still many states in
which the issuance of permits is discretionary and in which law
enforcement officials routinely deny applications, many people
have been put to the hard choice between protecting their lives
or respecting the law. Some of these people have learned the hard
way, by being the victim of a crime, or by seeing a friend or
loved one raped, robbed, or murdered, that violent crime can
happen to anyone, anywhere at anytime, and that crime is not
about sex or property but life, liberty, and dignity.
The laws proscribing concealed-carry of firearms by honest,
law-abiding citizens breed nothing but disrespect for the law. As
the Founding Fathers knew well, a government that does not trust
its honest, law-abiding, taxpaying citizens with the means of
self-defense is not itself worthy of trust. Laws disarming honest
citizens proclaim that the government is the master, not the
servant, of the people. A federal law along the lines of the
Florida statute -- overriding all contradictory state and local
laws and acknowledging that the carrying of firearms by
law-abiding citizens is a privilege and immunity of citizenship
-- is needed to correct the outrageous conduct of state and local
officials operating under discretionary licensing systems.
What we certainly do not need is more gun control. Those who call
for the repeal of the Second Amendment so that we can really
begin controlling firearms betray a serious misunderstanding of
the Bill of Rights. The Bill of Rights does not grant rights to
the people, such that its repeal would legitimately confer upon
government the powers otherwise proscribed. The Bill of Rights is
the list of the fundamental, inalienable rights, endowed in man
by his Creator, that define what it means to be a free and
independent people, the rights which must exist to ensure that
government governs only with the consent of the people.
At one time this was even understood by the Supreme Court. In
United States v. Cruikshank (1876), the first case in which the
Court had an opportunity to interpret the Second Amendment, it
stated that the right confirmed by the Second Amendment "is
not a right granted by the constitution. Neither is it in any
manner dependent upon that instrument for its existence."
The repeal of the Second Amendment would no more render the
outlawing of firearms legitimate than the repeal of the due
process clause of the Fifth Amendment would authorize the
government to imprison and kill people at will. A government that
abrogates any of the Bill of Rights, with or without majoritarian
approval, forever acts illegitimately, becomes tyrannical, and
loses the moral right to govern.
This is the uncompromising understanding reflected in the warning
that America's gun owners will not go gently into that good,
utopian night: "You can have my gun when you pry it from my
cold, dead hands." While liberals take this statement as
evidence of the retrograde, violent nature of gun owners, we gun
owners hope that liberals hold equally strong sentiments about
their printing presses, word processors, and television cameras.
The republic depends upon fervent devotion to all our fundamental
rights.
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Updated 2005-10-07