Tag: gun control

Public Oversight of Congress, One Click at a Time

In mid-August, using Cato Deepbills data, the Legal Information Institute at Cornell University started alerting visitors to its U.S. Code pages that the laws these visitors care about may be amended by Congress.

The most visited bills are an interesting smattering of issues.

Getting top clicks is H.R. 570, the American Heroes COLA Act. Would it surprise you to learn that beneficiaries of Social Security’s Old Age, Survivors and Disability Insurance program are looking to see if veterans’ disability compensation will get the same cost-of-living increases? The relevant section of the Social Security Act on the Cornell site points to the bill that would grow veterans’ benefits in tandem with Social Security recipients’.

S. 1859, the Tax Extenders Act of 2013, is the second bill with the most referrals from Cornell. People looking into federal regulation of health insurance—or myriad other statutes—are finding their way to this complex piece of legislation. We know visitors to the Cornell site are legally sophisticated. They just might be able to follow what S. 1859 does.

Immigration is a hot-button issue, and Deepbills links at Cornell such as the code section dealing with reimbursement for detaining aliens are sending people to S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

Another hot-button issue and top source of clicks from Cornell’s site: federal gun control. People looking at gun control law are following links to Senator Dianne Feinstein’s (D-CA) bill to ban assault weapons.

As of Thursday morning, 674 people had clicked 855 times on links to the bills in Congress that affect the laws they’re interested in. Those numbers aren’t going to instantaneously revive public oversight of the government. But usage of these links is rising, and Tom Bruce at Cornell says he plans changes that may increase clicks by 3 to 5 times. He guesses that people see Cato’s sponsorship of the data they can access 20,000 times a day. (“I should have asked you for a penny per impression ;),” he says. Funny guy.)

A lot more people are aware of work Cato is doing to increase government transparency, but, more importantly, a small but growing cadre of people are being made aware of what Congress is doing. This positions them to do something about it. Public oversight of Congress is increasing one click at a time.

The Washington Post Quietly Corrects Justice John Paul Stevens’s Grievous Error about Gun Laws

Last week, former Justice John Paul Stevens penned an op-ed for the Washington Post on “The Five Words that Can Fix the Second Amendment.” The piece is actually an excerpt from his new book Six Amendments: How and Why We Should Change the ConstitutionIn the book, Stevens suggests some changes that would ratify his view of cases in which he stridently dissented, such as Citizens United and Heller

Stevens’s dissent in Heller, the case in which a 5-4 Court held that the Second Amendment conveys an individual right to own guns even for those not part of a militia, is largely re-hashed in his Washington Post op-ed. In addition, there is, or was, a glaring error that the Post has since corrected sub rosa, that is, without acknowledging at the bottom that the piece was edited. As Josh Blackman originally reported, and thankfully preserved by excerpting, the first version contained this error:

Following the massacre of grammar-school children in Newtown, Conn., in December 2012, high-powered automatic weapons have been used to kill innocent victims in more senseless public incidents.

As Josh and others noted, not only were automatic weapons not used at any recent high-profile mass shooting, they’ve been essentially illegal in the U.S. since 1934 and since 1986 they’ve been almost impossible to come by. Justice Stevens also repeated his error a few paragraphs down: 

Thus, even as generously construed in Heller, the Second Amendment provides no obstacle to regulations prohibiting the ownership or use of the sorts of automatic weapons used in the tragic multiple killings in Virginia, Colorado and Arizona in recent years.

When you view the piece now, however, the words have magically disappeared. But they have not, apparently, disappeared from Justice Stevens’s book, which went to press with those errors. I don’t have a copy, but I checked by searching the inside of the book on Amazon for the word “automatic.” 

Why is this omission important? Well, for one it is part of a long series of mistaken statements by many gun-controllers, including President Obama, who made a similar statement in a speech last spring. More generally, the gun control crowd often shows a pronounced ignorance of how guns work and which guns are actually illegal, which certainly doesn’t help when they try to make their case for more strict controls. For just two famous examples, Rep. Carolyn McCarthy (D-NY) once described a barrel shroud as the “shoulder thing that goes up” (it’s not), and Rep. Diana Degette (D-CO) once remarked that after high-capacity magazines are emptied they would not be reusable (they are). 

It seems reasonable to conclude that, based on the prevalence of these errors by people who should know better, they don’t care too much whether their statements are accurate. To them, the fact that someone used a weapon to commit a mass shooting is enough to ban that weapon. Unfortunately for them, there is nothing about the weapons used in those atrocious crimes that meaningfully distinguishes them from weapons used every day by responsible, law-abiding Americans. The AR-15, for example, used by the shooter at Newtown, is the most popular rifle in the U.S. Ninety-nine point nine percent of the time it is used responsibly, including for self-defense. Ipso facto, it is not just for “spraying death.”  

A better argument can be made that actual automatic machine guns “spray death.” And if those are what Justice Stevens believes were used at Newtown, then that seems relevant to his position on guns. I imagine, however, that his views wouldn’t change if he understood the truth. At the very least, however, the Washington Post should make clear that the piece was edited. 

Washington Post Investigation: Guns in America

Today’s Washington Post has a lengthy article about crime and firearms in the District of Columbia and in neighboring Prince George’s County, Maryland.

Here is the most important sentence from the article:  “In the national gun-control debate, a salient fact often has been overlooked: Legislative efforts aimed at curtailing the availability of the most lethal weapons merely play at the margins of this huge gun population.”  It hasn’t been overlooked here, but, yes, overlooked by Obama, Biden, Bloomberg, and others pushing gun control proposals that will not really address homicides.

Here are a few other points from the Post analysis:

  • Only a small fraction of the firearms seized by the police might fall within a definition for so-called ‘assault weapons.’: “Far more typical for local police is the matter-of-fact recovery of a handgun, which passes with little or no public notice. Handguns account for about eight of every 10 firearms confiscated in the analysis period.  Nearly 70 percent of the handguns seized were semiautomatic pistols, most often 9mm models, with magazines of varying capacity.
  • “Homicides by gun in the city and the county are down by about 70 percent over the past six years.”  Recall that city officials were alarmed when the Supreme Court ruled the city’s strict gun control laws unconstitutional five years ago.  Then-Mayor Fenty said he was “outraged” that the courts ruled that his constituents would be able to keep a handgun in the home for self-defense.  Fenty said crime would be going up.
  •  “The vast majority of the millions of guns in circulation nationwide will never become crime guns.”
  • According to the ATF, the firearms that do become crime guns have been on the streets over a dozen years. “Recovered guns have often changed hands multiple times.”  These black market transactions are going to take place—even if there are new regulations concerning background checks.  The Post article relates an incident where the police were executing a warrant at a residence and a man “sprinted from the yard, tossing guns from his pants: a Cobray M11, a 9mm semiautomatic machine pistol, a .45-caliber minimax Llama handgun, and a Glock 19. Police arrested the man, a felon on probation, and found a rusted handgun and rifle at his home.”  The legal code said he wasn’t supposed to have those guns, but he did.

Bottom line: Gun control proposals have no significant impact. They generally restrict the actions of persons who care about staying within the rules. After controls are enacted, some politicians are surprised by the fact that criminals are able to obtain guns and use them to commit crimes. Jerome Earles, a felon quoted in the story, said he carries a gun around even though he knows it is illegal to do so. “It ain’t right, but I carry my gun” he said.

Cato will be hosting an event on the Supreme Court’s landmark decision in the Heller case on June 4.  For additional Cato scholarship about firearms and crime, go here.

 

Man Saves Child’s Life; Fined $1,000

Benjamin Srigley saw several pit bulls attacking an 11-year-old boy, so he ran into his home, retrieved his handgun, ran back, and shot one of the dogs. A bicycle policeman arrived on the scene shortly thereafter and shot the other two dogs. 

Here comes the twist: This incident happened in Washington, D.C., and even though the Supreme Court declared the city’s gun control regulations unconstitutional in 2008, the city government is still quite hostile to gun ownership. How hostile? Well, prosecutors offered Srigley a “deal”: pay a $1,000 fine and they would drop criminal charges against him. Turns out Srigley had lawfully purchased firearms when he lived outside D.C., but he had not registered them when he moved into D.C.

What kind of government would demand money from a guy who just saved a child’s life? The boy’s family can’t believe what is happening to their knight in shining armor. Srigley is now planning to move out of the city. One wonders if District officials can see any connection between their fine and the move.

On June 4, Cato will be hosting an event about the landmark Heller ruling. Registration information can be found here.

Bureau of Justice Statistics Reports Firearm Homicides are Down 39% Since 1993; Continues to Severely Under-report Defensive Gun Use

Yesterday, the Bureau of Justice Statistics (BJS) released a special report, Firearm Violence, 1993-2011. Not surprisingly, at least for those who follow crime statistics, the report shows that firearm homicides went down 39% between 1993 and 2011. The report also reconfirms many things that gun-rights supporters have been saying for decades: that less than 2% of prison inmates in 2004 bought their firearm from a “flea market or gun show,” and that “2% of state inmates and 3% of federal inmates were armed with a military-style semiautomatic or fully automatic firearm.”

Also not surprising is that very few people know about the dramatically reduced crime rate. Also released yesterday was a Pew study on Americans’ perceptions of the crime rate. Despite cutting the murder rate nearly in half in less than twenty years, only 12% of Americans believe that gun crime has dropped in the past two decades. Fifty-six percent believe it has increased, and 26% believe it stayed the same. This is not new. People often don’t realize how much better things are getting, and this fact can push public policy in misguided directions.  

Many have tried to explain this precipitous drop in crime, including one study that connected it to the decreased amount of lead in the environment. Whatever the cause, one thing is clear: there are about 50 million more guns in America now than in 1993 and crime did not go up.

Now, I will not oversell that statistic, not only because it does not prove the thesis “more guns, less crime,” but also because overselling statistics is a big problem in the gun control debate for both sides. For example, to take another statistic from the BJS report: the number of times per year people use guns to stop or curtail crime.   

Despite the fact that the BJS is quite good at some things, it is uniquely bad at measuring the level of defensive gun use (DGU) in America. And despite the fact that I can easily demonstrate this to anyone with even the slightest inclination to allow their minds to be changed, I am not optimistic that the gun controllers will listen.  

Gun controllers are constantly accusing gun-rights supporters of over-estimating the instances of DGU, and their primary source is the data from the National Crime Victimization Survey, which they rely on unquestioningly. The disparity between the BJS statistics and other studies is stark, as much as 30x. For example, yesterday’s BJS report claims that, between 2007-2011, crime victims used guns to stop or curtail crime 235,700 times. This aligns with the general tendency for the BJS to record between 60,000 and 100,000 DGUs per year. By contrast, Florida State’s award-winning criminologist Gary Kleck has found there may be as many as 2.5 million DGU instances per year. Gun-controllers almost always dismiss Kleck’s data as wildly inaccurate, if not NRA-funded propaganda (it is neither), and instead unquestioningly accept the BJS numbers. See, for example, this study by the Violence Policy Center, which simply regurgitates the BJS numbers, and this discussion of the VPC report at Mother Jones. This New York Times post on the VPC report sneeringly offers this observation on the disparity between Kleck’s and the BJS’s numbers:

Readers can judge for themselves whether the V.P.C. or the N.R.A. is likely to have better numbers. The V.P.C. used data from the National Crime Victimization Survey, conducted by the Bureau of Justice Statistics. The N.R.A.’s estimate is the result of a telephone survey conducted by a Florida State University criminologist.

I accept the Times’s invitation, and I will judge for myself:

The Fact-free Gun Control Debate

From Thomas Sowell’s latest column:

Amid all the heated, emotional advocacy of gun control, have you ever heard even one person present convincing hard evidence that tighter gun-control laws have in fact reduced murders? …

What almost no one talks about is that guns are used to defend lives as well as to take lives. In fact, many of the horrific killings that we see in the media were brought to an end when someone else with a gun showed up and put a stop to the slaughter. The Cato Institute estimates that there are upwards of 100,000 defensive uses of guns per year. Preventing law-abiding citizens from defending themselves can cost far more lives than are lost in the shooting episodes that the media publicize. The lives saved by guns are no less precious just because the media pay no attention to them.

Read the whole thing. Go here for the Cato research that Mr. Sowell is talking about.

Who Killed Gun Control?

The Establishment is very concerned this morning that the representatives of the people have resisted demands for stricter gun control measures. The president calls it “shameful.” The New York Times editorial board intones, “The Senate Fails America.” Dana Milbank of the Washington Post deplores a lack of “courage” on Capitol Hill, though some might think it takes courage to defy the overwhelming drumbeat of the national media.

Whatever the merits and popularity of the specific measures that went down to defeat in the Senate on Wednesday, I think the Establishment fails to appreciate the depth of American support for the Second Amendment. NPR and other media have lately noted a growing libertarian trend in American politics. That’s not just about taxes, Obamacare, marijuana, and marriage equality. It also involves gun rights. After each high-profile shooting, support for gun control rises. But it tends to fall again in short order, as public opinion reverts to the baseline of strong support for gun rights.

I was struck by this poll graphic in the Washington Post on Wednesday. Despite the virtually unanimous support for stricter gun control in the national media, along with other opinion shapers such as Hollywood and the universities, and despite the mass shootings that have received so much attention in our modern world of 24-hour news channels, Americans are becoming more convinced that guns make your family safer. 

 Washington Post Poll on Guns

The fact is, America is a country fundamentally shaped by libertarian values and attitudes. Our libertarian values helped to create the Constitution and the Bill of Rights, and those documents in turn shape our thinking about freedom and the limited powers of government. In their book It Didn’t Happen Here: Why Socialism Failed in the United States, Seymour Martin Lipset and Gary Marx write, “The American ideology, stemming from the [American] Revolution, can be subsumed in five words: antistatism, laissez-faire, individualism, populism, and egalitarianism.” If political scientists Herbert McClosky and John Zaller are right that “[t]he principle here is that every person is free to act as he pleases, so long as his exercise of freedom does not violate the equal rights of others,” then we can expect Americans to cling to their gun rights for a long time.

The New Republic’s daily email this morning asks, “Who killed gun control?” Who? The Americans.

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