Tag: 2nd amendment

A Round-Up of President Obama’s Gun Control Proposals

This week, President Obama announced a package of proposals with the ostensible goal of stemming gun crime in America.  Unfortunately, however, the proposals represent a mishmash of ideas that lack a solid logical nexus to the problems they’re being offered to solve.  President Obama even acknowledged this incongruity himself when he admitted that the tragic shootings he emotionally invoked would not have been prevented by his recommendations.

But faced with a Congress that fundamentally disagrees with the president’s views on gun control, his authority to act is limited, and these proposals are proof.   The full “Executive Action” plan released by the White House can be found here, but I thought it would be useful to sum up the major points.

“Engaged in the Business” of Selling Firearms

One of the primary goals of the Obama Administration has been expanding the National Instant Criminal Background Check System (NICS).  The president and his gun-control allies have long called for universal checks in order to close the (non-existent) “gunshow loophole,” but Congress has thus far refused to go along (and for good reason).

Still, the president gave the impression during his remarks that he would use his executive authority to expand the background check system by reconsidering what it means for people to be “engaged in the business” of selling firearms.  For almost 50 years, the ATF regulations have interpreted this somewhat vague phrase by distinguishing those who sell guns commercially as a means of livelihood and those non-commercial sellers who transfer the odd gun every so often. Commercial sellers are required to perform background checks through the NICS system, while non-commercial private sellers are subject to a federal statute requiring that the transferor not know or have reason to know that the recipient of the weapon is prohibited from having it. Every transfer, in other words, is currently regulated by federal law.  The only difference is which law applies.

While President Obama’s announcement and the action plan released along with it suggested a move to broaden the category of transferors that are required to put customers through the NICS system, it’s not clear that there has been any change at all.

As Jonathan Adler writes at The Washington Post, there hasn’t been  a new ATF rule issued making any substantive change to the government’s interpretation of what it means to be “engaged in the business.”  The criteria President Obama and Attorney General Loretta Lynch gave for how they would be assessing whether someone is engaged in the business of selling firearms closely mirror language the ATF included in a recently issued “guidance document.” 

New York Times Editorial Board Regurgitates Bad Study to Condemn Concealed Carry

Back in June, I detailed a study by the Violence Policy Center that purported to show that private gun owners were far more likely to kill innocent people than to defend themselves.  The study arrived at this conclusion by using woefully incomplete data sets from the FBI crime reports, which are voluntarily submitted (or not submitted) by law enforcement agencies.  You can read my full analysis here, but the short version is that the VPC study interprets the lack of justified homicide submissions by law enforcement as proof that justified homicides do not occur, resulting in an unbelievable assertion that there were literally zero defensive gun uses in dozens of states over a five year period.  The VPC study also fails to distinguish between legal and illegal firearm uses and fails to adequately consider defensive gun uses that didn’t result in anyone dying (i.e. the vast majority of such uses).

This week the New York Times editorial board regurgitated that shoddy study, and managed to compound the illogic by drawing even broader and less supported conclusions than the original.  The editorial is brief, yet still manages an impressive amount of specious reasoning.

From the top:

The more that sensational gun violence afflicts the nation…

Gun homicide rates have been decreasing for the last generation, a fact as little known as it is demonstrably true.

This foolhardy notion of quick-draw resistance, however, is dramatically contradicted by a research project showing that, since 2007, at least 763 people have been killed in 579 shootings that did not involve self-defense.

Those numbers are not from the study linked by the Times, which analyzed all private firearm deaths regardless of legality.  Instead they come from the VPC website itself, on a page about concealed carriers.  Of that 763 figure, 223 were suicides, which hardly seem relevant to a discussion about gun crime in America. 

That leaves 540 non-suicide fatalities between May 2007 and October 2015, or fewer than 64 deaths a year.  Just for comparison’s sake, roughly 49 people a year are killed by lightning strikes in this country, without lightning strikes being labeled “a severe public health problem” by the New York Times.

The figure is also useless without a full accounting of legitimate defensive gun uses on the other side of the ledger, an effort neither the VPC nor the Times seems interested in making.

New Gun Study Misses the Point on Self-Defense, and Uses Bad Data to Boot

A recent report from Violence Policy Center purports to show that private gun possession results in many more criminal firearm homicides than justified killings, a conclusion that was quickly picked up by several media outlets.   But it isn’t so much a report as it is a handful of woefully incomplete data sets thrown together with a few conclusory remarks.
 
The essential thrust of the report is that, according to FBI homicide reporting figures, there were only 259 justified firearm homicides in 2012 compared with 8,342 criminal homicides by firearm.  Ergo, the authors posit, it’s clear that private gun possession does much more harm than good, and that the claims of self-defense and Second Amendment advocates of thousands of defensive gun uses annually are wildly false.

Uber Driver with Concealed Handgun Prevents Mass Shooting in Chicago

A driver with the ridesharing company Uber put a stop to a potential mass shooting in Chicago over the weekend.

According to the Chicago Tribune:

A group of people had been walking in front of the driver around 11:50 p.m. in the 2900 block of North Milwaukee Avenue when Everardo Custodio, 22, began firing into the crowd, Quinn said.

The driver pulled out a handgun and fired six shots at Custodio, hitting him several times, according to court records.  Responding officers found Custodio lying on the ground, bleeding, Quinn said.  No other injuries were reported.

The driver will not be charged:

The driver had a concealed-carry permit and acted in the defense of himself and others, Assistant State’s Attorney Barry Quinn said in court Sunday.

Chicago was home to some of the most draconian gun laws in America until a 2010 Supreme Court ruling, McDonald v. Chicago, found Chicago’s gun regulation regime unconstitutional. That ruling applied the Court’s previous landmark 2nd Amendment ruling, District of Columbia v. Heller, to state governments. While those rulings dealt with the right to bear arms for self-defense in the home, some circuit courts (including the 7th Circuit, which governs in Chicago) have extended the Heller/McDonald logic to certain public places as well as the home.

New Lawsuit against DC Government

Yesterday the Washington Post ran a nice profile about Tom Palmer and other DC residents who are challenging the constitutionality of regulations that make it a crime for people to bring their firearm outside of their residence for purposes of self-defense.  Most criminal attacks occur outside the home (around 87%) and the criminals are armed and always have the advantage of choosing when they’ll strike – and that’s usually when there are no cops around.

Related Cato scholarship here.  More here.

Wednesday Links

  • Cato senior fellow Tom Palmer filing a lawsuit to legally carry firearms in Washington D.C.
  • Podcast: How some on the right-wing are doing everything they can to defend torture. Let’s just call them “enhanced justification techniques.”

DC Gun Regulations

A Washington Post reporter describes the rigmarole Washington D.C. residents must endure to purchase a gun and keep it in one’s home for purposes of self-defense. Snippet:

It took $833.69, a total of 15 hours 50 minutes, four trips to the Metropolitan Police Department, two background checks, a set of fingerprints, a five-hour class and a 20-question multiple-choice exam.

It’s a fair-minded article–not only about the government regulations, but also the factors that play into the decision to keep a gun–risk of crime, risk of accident, the personal willingness to use deadly force (not to mention getting approval from the spouse!)

Cato Chairman Bob Levy, the prime mover of the landmark Heller ruling, discusses the next legal fight: Whether one can carry a firearm outside of the home for purposes of self-defense. Tom Palmer is suing the DC government on this. For more on the Second Amendment and gun control, check out the new Cato book, Gun Control on Trial, by Brian Doherty.