Tag: guns

The No-Rights List

A media drumbeat is steadily building to keep those on the government’s terrorist watch list from buying firearms. A month ago, Rep. Carolyn McCarthy (D-NY) introduced a bill to bar them from purchasing a gun even if they had no legally disqualifying criminal conviction. Now Sen. Frank Lautenberg (D-NJ) has introduced his own legislation to achieve the same goal.

This is arbitrary government at its best. The “no-fly” list used to prevent suspected terrorists from boarding aircraft has tagged Nelson Mandela, Sen. Ted Kennedy (D-MA), Rep. Loretta Sanchez (D-CA), Rep. Don Young (R-AK), Rep. John Lewis (D-GA), a retired general, a Marine reservist returning from Iraq, the President of Bolivia and dead 9/11 hijackers, a former federal prosecutor, and over twenty men named John Thompson as threats to our national security. The list now contains over 1 million names. This prompted calls for probes into the watch list, and the ACLU filed suit to challenge the list.

The push to prevent firearms purchases by persons on this list is nothing new. Here is White House Chief of Staff Rahm Emanuel saying in 2007 that, “if you’re on that no-fly list, your access to the right to bear arms is cancelled, because you’re not part of the American family; you don’t deserve that right. There is no right for you if you’re on that terrorist list.”

If the government can take an enumerated liberty away from selected citizens by placing them on a “no-rights” list without due process, the rule of law is dead.

Gun Free School Zone Follies

As I have noted before, “gun free” zones are an exercise in fantasy. To some, a place without guns sounds like a great place to live.  Unfortunately, others think they sound like a great place to plunder.

Some recent developments highlight the ability of armed citizens to defend themselves and how localized gun bans near schools or on universities make victims of law-abiding citizens.

A group of Georgia college students at a birthday party owe their lives to the fact that one of them had a gun. (H/T Of Arms & the Law) Two gunmen burst in to the apartment and separated males and females into different rooms. The gunmen began discussing whether they had enough bullets to kill everyone at the party. One of the students pulled a gun from his backpack and shot at the home invader holding the men, chasing the gunman out of the apartment. The armed student went to the next room, where the other gunman was preparing to rape his girlfriend. The student shot the second gunman, killing him.

If the birthday party had been in a dorm, the student probably would have left his gun at home because of the Georgia statute that bans guns on campus.  The students would likely be dead as a result.

A second story comes from Wisconsin, one of the two states with no provision allowing for concealed carry. A man on a bicycle was hit and thrown to the ground by four young men. The bicyclist was carrying a handgun openly, a practice approved by the Wisconsin Attorney General. The bicyclist drew his revolver, pointed it in the air and yelled, “gun!” The four assailants fled. The bicyclist flagged down a police officer to report the incident.

The positive outcome to this story is countered by the fact that the bicyclist was accosted within 1,000 feet of a school. His possession of a gun is criminalized by both Wisconsin and federal statutes.

Although the local district attorney said that the bicyclist will not be prosecuted, the Milwaukee police chief and other Wisconsin law enforcement officials have promised to focus additional scrutiny on persons who openly carry a firearm.

All of this highlights the folly of “gun free” school zones. Using the law to target citizens who will not be protected by the police is a perverse policy. It gives thugs every incentive to focus their criminal activities in the areas around the schools the legislation intends to protect.

New Doherty Book Review

There is a new review of Brian Doherty’s book, Gun Control on Trial: Inside the Supreme Court Battle over the Second Amendment, over at The American Spectator.

The review captures the uphill battle that the Heller litigants faced in the District of Columbia:

When an employee on the Taxicab Commission once suggested that taxicab drivers be able to arm themselves for self- defense, a spokesman for then mayor Anthony Williams said, “The proposal is nutty, and obviously, it would not be entertained seriously by any thinking person.” After D.C. readjusted its laws in the wake of Heller so that guns were no longer prohibited but regulated to the point of making ownership exceedingly difficult, Mayor Adrian Fenty justified it thusly: “I don’t think [the people of D.C.] intended that anybody who had a vague notion of a threat should have access to a gun.” Apparently the mayor doesn’t know or doesn’t care that once a threat is real, it’s probably too late to go through all of the city’s regulatory hoops.

Cato held a book forum for the event, which is available here.  Also check out Reason TV’s videos of Brian discussing this historic legal battle, both before and after the decision came down.

Yes, California, There Is an Individual Right to Keep and Bear Arms

Last June, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individual’s right to keep and bear arms, at least in the home for self-defense.  Here’s our own Bob Levy, who masterminded the Heller litigation, talking about that decision:

While the Court’s ruling was a watershed in constitutional interpretation, it technically applied only to D.C., striking down the District’s draconian gun ban but not having a direct effect in the rest of the country.

Well, today the Ninth Circuit (the federal appellate court covering most Western states) ruled that the Second Amendment restricts the power of state and local governments to interfere with individual right to have guns for personal use.  That is, the Fourteenth Amendment “incorporates” the Second Amendment against the states, as the Supreme Court has found it to do for most of the Bill of Rights.  I rarely get a chance to say this, but the Ninth Circuit gets it exactly right.

Here’s the key part of Judge Diarmuid O’Scannlain’s opinion:

We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.”  Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later.  The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited.  We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.

In short, residents of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington now join D.C. residents in having their Second Amendment rights protected.  And courts covering other parts of the country – most immediately the Seventh Circuit, based in Chicago – will have their chance to make the same interpretation in due course.

Just as interesting – and potentially equally significant – is the footnote Judge O’Scannlain drops at the end of the above text in response to arguments that the right to keep and bear arms, regardless of its provenance as a fundamental natural right, is now controversial:

But we do not measure the protection the Constitution affords a right by the values of our own times. If contemporary desuetude sufficed to read rights out of the Constitution, then there would be little benefit to a written statement of them.   Some may disagree with the decision of the Founders to enshrine a given right in the Constitution.  If so, then the people can amend the document.  But such amendments are not for the courts to ordain.

Quite right.

Gun Control for the Sake of Mexico: The Meme That Wouldn’t Die

Fox News already debunked the claim that 90% of the guns involved in Mexico’s drug war come from the United States.  Facts aside, the press onslaught continues in a new push for gun control.

The fact is that out of 29,000 firearms picked up in Mexico over the last two-year period for which data is available, 5,114 of the 6,000 traced guns came from the United States.  While that is 90% of traced guns, it means that only 17% of recovered guns come from the United States civilian market.

Where did the rest come from?  A number of places.  To begin with, over 150,000 Mexican soldiers have deserted in the last six years for the better pay and benefits of cartel life, some taking their issued M-16 rifles with them.

Surprisingly, a significant number of the arms are coming to the cartels via legitimate transactions.  They are produced and exported legally every year, regulated by the State Department as Direct Commercial Sales.  FY 2007 figures for the full exports are available here, and State’s report on end-use is available here, alleging widespread fraud and use of front companies to funnel the weapons into the black market.  (H/T to Narcosphere)  This doesn’t even take into account the thousands of weapons floating around Latin America from previous wars of liberation.  This Los Angeles Times article also shows how the cartels are getting hand grenades, rocket launchers, and other devices you can’t pick up at your local sporting goods store.

Perhaps this is why law enforcement officials did not ask for new gun laws to combat Mexican drug violence at recent hearings in front of Congress.

Never mind those pesky facts.  The story at the New York Times recycles the 90% claim.  The associated video is just as bad.  Narrator: “The weapons that are arming the drug war in Juarez are illegal to purchase and possess in Mexico.”  They’re also illegal in the United States.  As the narrator says these words, the Mexican officer is handling an M-16 variant with a barrel less than sixteen inches long.  This rifle would be illegal to possess in the United States without prior approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE).  As the video mentions the expired “Assault” Weapons Ban, the submachine gun in frame would also be classified as a short-barreled rifle and require BATFE approval.  Ditto for many of the rifles shown in the video.  The restrictions on barrel length would not apply to weapons exported as Direct Commercial Sales.  Law enforcement folks call this a “clue.”

The language of gun control advocates is changing subtly to demonize “military style” weapons.  “Military style” weapons is a new and undefined term that means either (1) automatic weapons, short barreled rifles, short barreled shotguns, and destructive devices already heavily regulated by federal law; or (2) a term inclusive of  all modern firearms in a back-door attempt to enact a new gun control scheme.

Yes, ALL modern firearms.  Grandpa’s hunting rifle?  Basis for the system used by military snipers.  The pump-action shotgun you use to hunt ducks and quail?  Basis for the modular shotgun produced for the military.  The handgun you bought for self-defense, a constitutionally protected right?  Used by every modern military.

This is not a new tactic.  The Violence Policy Center has previously tried to fool people by portraying ordinary rifles as machine guns with the term “assault” weapons: “The weapons’ menacing looks, coupled with the public’s confusion over fully automatic machine guns versus semi-automatic assault weapons-anything that looks like a machine gun is assumed to be a machine gun-can only increase the chance of public support for restrictions on these weapons.”

Making our domestic policies based on the preferences of other countries is unacceptable, especially in an activity protected by the Constitution.  One of Canada’s Human Rights Commissioners is on record saying that “[f]reedom of speech is an American concept, so I don’t give it any value.”  (Apparently, it makes the folks at the Department of Homeland Security nervous too)  In a similar vein, the United Nations says “[w]e especially encourage the debate on the issue of reinstating the 1994 U.S. ban on assault rifles that expired in 2004.”

It’s not theirs to say, and we shouldn’t listen to an argument based on lies.  Related posts here and here.

“If I Had ONLY a Gun”

ABC’s 20/20 did a hit piece on the Second Amendment and armed citizens on Friday night.  The show responded to the growing sentiment that “if I only had a gun,” maybe an armed citizen could make a difference in a spree shooting such as the incidents at Virginia Tech and Northern Illinois University.  In reality, it ought to be called “if I had ONLY a gun.”  Picking people without concealed carry permits to represent the armed citizen and rigging the scenario to ensure that they don’t defeat your narrative is propaganda, not journalism.

Several college students are selected to represent the “armed student” hypothetical, given some marksmanship training, and armed with training guns that shoot paint bullets. The firearms instructor who trained them plays spree shooter and storms the room.  All of the students are hit before they can effectively engage the mock spree shooter.

The show handicaps this scenario in favor of the attacker in several ways.  First, none of the students selected are actual concealed handgun permit holders who carry daily and practice regularly.  Those with more experience get it from shooting Airsoft guns or from a form of shooting that does not involve drawing from concealment.  The poor performance of the students in hitting the attacker is supposedly explained by the lack of law enforcement firearms training.

The simulation is too narrowly construed to show the full impact of an armed response.  First, the experiment is limited to one armed student in the first classroom that the spree shooter hits.  At Virginia Tech, the spree shooter entered several rooms, so a student in any room other than the first would be able to draw, find a position of cover and concealment, point the gun at the door, and wait for the assailant to enter.  Second, the experiment supposes that an intended victim pulling a gun and shooting back, even if not immediately effective, does nothing to stop the attack.

These results don’t reflect the reality of an armed citizen responding to a spree shooter.  Contrary to what the firearms instructor says, it is not “too much for a normal person” to deal with.  Often, the mere confrontation with an armed response takes them out of their revenge fantasy and derails the killing spree.

Some examples:

1997, Pearl, Mississippi: A 16-year old boy stabs his mother to death, then goes to the local high school to continue his rampage with a rifle.  An assistant principal hears the gunshots, retrieves a pistol from his truck, and confronts the assailant.  The boy surrenders.

1998, Edinboro, Pennsylvania: A 14-year old boy opens fire at a high school graduation dance being held at a local restaurant.  The restaurant owner confronts the boy with his shotgun, who surrenders.

2002, Appalachian Law School: Two law students with law enforcement and military backgrounds run to their cars, grab handguns, and stop an expelled law student on a rampage.

2005, Tyler, Texas: A distraught man ambushes his estranged wife and son as they are entering the courthouse for a child support hearing.  After killing his wife and wounding several deputies, armed citizen Mark Wilson intervenes with his handgun and shoots the spree shooter.  The shooter is wearing a flak jacket and kills Wilson with return fire.  Wilson’s actions broke up the attack and gave law enforcement officers time to organize a response that ended with the shooter’s death.  Wilson is later honored by the Texas legislature.

2005, Tacoma Mall: A spree shooter with a criminal record and five days’ worth of meth in his system opens fire at the Tacoma Mall.  Concealed carry permit holder Dan McKown intervenes, but gives a verbal warning instead of shooting.  McKown is shot and receives a spinal injury that leaves him paralyzed, but the shooter retreated into a store and took some hostages after being confronted.  After complaining about life’s travails to his hostages for several hours, he is taken into custody and sentenced to 163 years in prison.

2007, New Life Church, Colorado: Volunteer security guard Jeanne Assam shoots a spree shooter as he enters the foyer of a church.  The spree shooter’s blaze of glory is over, so he shoots and kills himself.

2008, Israel: A Palestinian man goes on a killing spree in the library of a seminary.  Police officers stop at the door and do not go in after him.  Student Yitzhak Dadon draws his gun and engages the shooter, wounding him.  Part-time student and Israeli Army officer David Shapira blows past the cops, demanding a hat to identify him as a police officer and not the assailant, before entering the building and killing the spree shooter.

2009, Houston, Texas: Distraught woman enters her father’s workplace and shoots one man with a bow and arrow.  She points a pellet gun at two employees, both concealed handgun permit holders, who shoot her.  Police show up and she points the pellet gun at them.  They shoot her again and take her into custody.

The scenario is also unrealistic in that the student is seated dead center in the front row, a bad move for someone trying to conceal a gun on their hip under a T-shirt; far better in the back of the room in a corner.  Plus, the spree shooter is expecting resistance and knows where the armed student will be, advantages that will not be replicated in the real world.  In one iteration of the scenario, a second assailant is placed a couple of seats away from the armed student.  When the armed student draws to shoot at the assailant, he is blindsided by the co-conspirator.  This isn’t a result of “tunnel vision,” as the program would tell you.  This is a rigging of the experiment.  A second assailant in placed practically next to the armed student, while our amateur is wearing a face mask that restricts vision?  No one, not even the firearms instructor playing spree shooter, would win in that situation.

There are no magical powers that accrue to a sworn officer, contrary to the anti-concealed carry propaganda this piece puts out.  A recent NYPD Firearms Discharge Report shows that hit percentages for a major metropolitan police department never rise above the 50% mark, even within two yards of the assailant.  Unsurprisingly, people who carry a gun and train with it consistently outperform those who do not.  The FBI’s report “Violent Encounters: A Study of Felonious Assaults on Our Nation’s Law Enforcement Officers” shows that criminals who beat cops in gunfights practiced regularly while their victims only averaged 14 hours of firearms training a year.

The only thing that stops a spree shooter is a bullet, either from their gun when they commit suicide or from someone else who intervenes to stop further loss of life.  Law enforcement responses that quarantine the shooter compound the problem, while aggressive “active shooter” protocols that push police officers into the scene in small teams or as individuals tend to reduce casualties.  The police response is moving toward being on the scene as fast as possible with a gun; we ought to follow their reasoning and allow people to have a fighting chance, not advise them to play dead and call the cops on their cell phone.  When seconds count, the police are only minutes away.

On the bright side, 60 minutes had a more balanced segment on the recent surge in firearm sales and prospects for a revival of gun control in Congress.

Good Coverage of AG Holder’s War on Guns

As I said earlier this week, Eric Holder’s push for an “assault weapons” ban is a misguided policy that will not have any serious impact on Mexican drug cartels.  It really ought to be called a “ban on semi-automatic firearms with politically incorrect cosmetic features,” but that doesn’t exactly roll off the tongue.  I am pleased to see that CNN is providing coverage of this that notes (1) the difference between semi-automatic sporting arms and machine guns and (2) that Mexican authorities are not releasing the serial numbers of firearms seized from the gangsters.  This is probably because many of these guns are coming from the Mexican government, not American gun stores.  The drug cartels are putting up billboards to recruit soldiers and policemen as hired muscle.  Don’t be surprised when they walk off the job with the guns you issued them, and don’t shift the blame to the Second Amendment.