Tag: gun rights

D.C.’s Rule Requiring a “Good Reason” to Carry a Gun Struck Down

The District of Columbia has suffered another defeat in its decades-long effort to restrict gun rights.

Today the D.C. Circuit Court of Appeals struck down the District’s “good reason” requirement, which obliges individuals to demonstrate a special need before being allowed to carry a gun.

Some background: the District banned all handgun possession, including in the home, in 1976.  That policy was ruled unconstitutional in the Heller I decision in 2008, which held that the 2nd Amendment protects an individual right to have a handgun in the home for self-defense. The District responded to Heller I by banning the public carrying of handguns.  That ban was ruled unconstitutional in Palmer v. District of Columbia in 2014 (Cato’s own Tom Palmer was the named plaintiff in that case). The District was undeterred, and responded to the Palmer ruling by requiring permit applicants to provide a “good reason” why they should be allowed to carry.

The “good reason,” as defined by the D.C. government, is incredibly narrow. Simply being concerned about crime, or living/working in a crime-ridden area of the city does not suffice. Effectively the only people capable of meeting the D.C. test are those working in extraordinarily high-risk occupations or people who have received substantive, specific threats against them.

Two different District Court judges ruled against the “good reason” requirement (one ruling was set aside due to a bit of a procedural morass), and those two cases were combined on appeal to the D.C. Circuit. In a 2-1 decision, a panel of the Court of Appeals struck the “good reason” rule down as unconstitutional.

Judge Griffith of the D.C. Circuit writes:

At the Second Amendment’s core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions. These traditional limits include, for instance, licensing requirements, but not bans on carrying in urban areas like D.C. or bans on carrying absent a special need for self-defense. In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally. The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents. That’s enough to sink this law under Heller I.

 […]

We are bound to leave the District as much space to regulate as the Constitution allows - but no more. Just so, our opinion does little more than trace the boundaries laid in 1791 and flagged in Heller I. And the resulting decision rests on a rule so narrow that good-reason laws seem almost uniquely designed to defy it: that the law-abiding citizen’s right to bear common arms must enable the typical citizen to carry a gun.

 

It’s important to note that this case is not over.

The District can appeal this ruling back to the D.C. Circuit in order to have it reheard en banc. The case could also ultimately end up in front of the United States Supreme Court which, since its rulings in Heller (2008) and McDonald (2010), hasn’t seen fit to offer further guidance to lower courts on whether the 2nd Amendment applies outside the home. With various federal courts coming to different conclusions on that question, this case represents a great opportunity to finally get a definitive answer from the high court.

Gun Rights and Due Process Took a Beating Last Night

Despite a rancorous campaign season, there is at least one belief that Donald Trump and Hillary Clinton share: Americans have far too much liberty when it comes to firearms and due process.

Between Senator Clinton’s resurrection of the failed proposal to ban people on terror watchlists from buying guns and Mr. Trump’s advocacy for a nationwide “stop and frisk” anti-gun campaign, gun rights and due process took a beating last night.

 No Fly, No Buy

Hillary Clinton:

[W]e finally need to pass a prohibition on anyone who’s on the terrorist watch list from being able to buy a gun in our country. If you’re too dangerous to fly, you are too dangerous to buy a gun.

Donald Trump:

First of all, I agree, and a lot of people even within my own party want to give certain rights to people on watch lists and no- fly lists. I agree with you. When a person is on a watch list or a no-fly list, and I have the endorsement of the NRA, which I’m very proud of.

Preventing people on the terror watchlists from buying guns has some intuitive appeal, and “our opponents want terrorists to buy guns” is a whopper of a sound bite. But a cursory examination of the watchlisting process reveals the deficiency in this proposal. 

First and foremost, there is a vast chasm between “terrorist” and “person on a terror watchlist,” and due process exists precisely to prevent that chasm from swallowing our liberty whole. 

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.” 

Millennials Don’t Love Gun Control

On Tuesday President Obama announced a series of executive actions to reduce access to firearms in efforts to improve public safety. Consequently it might come as a surprise that one of the president’s core constituencies—the millennial cohort—is not overly enthusiastic about gun control.

The Pew Research center has consistently found that millennials are no more likely than older generations to agree that its more important to control ownership than protect the right of Americans to own guns.

In fact, a Reason-Rupe poll, that I helped conduct in 2013, found that millennials were the least likely to say that government should prohibit people from owning assault weapons: 63% of 18-34 year olds thought people should be allowed to own assault weapons, compared to 54% of 35-54 year olds and 36% of those 55 and over.

Furthermore, Gallup found that millennials were slightly less likely than older Americans to support stricter laws “covering the sale of firearms” (49% versus 56% of those over 55).

These results may seem puzzling since young Americans are less Republican than older cohorts, but it’s Republicans who tend to be less supportive of gun control measures.

Hill Democrats Renew Push for “Assault Weapons” Ban

“1. We must do something. 2. This is something. 3. Therefore, we must do this.” That’s not just a famous line from the BBC’s old comedy Yes, Minister, it might serve as a philosophy of government for about 90 Democrats on Capitol Hill led by Rep. David Cicilline (D-R.I.), who are seeking to revive a failed Clinton-era ban on so-called assault weapons that Congress let lapse a decade ago. (Gun homicide rates have plunged since the Clinton era.) 

The lawmakers’ timing could hardly be worse, with both the New York Times/CBS and ABC News/Washington Post polls showing American public opinion has turned against such bans, which once drew support at levels of 80% or higher. In the latest ABC poll, a 53-45 percent majority of Americans are opposed to such a ban.

That trend in opinion has been in progress for years, since well before this year’s shocking round of mass shootings in Charleston, San Bernardino, and elsewhere. And it owes much to the steady accumulation of evidence on such laws and their effect. Cato has long made gun control one of its topics of interest, with at least three recent publications shedding light on the assault-weapons controversy: David Kopel’s magisterial overview (summary) of the poor track record of supposed common-sense reforms, Jonathan Blanks’s distinction between the actual incidents that dominate gun crime statistics and the outlier episodes that are seized on as symbolic, and Trevor Burrus’s response to the New York Times’s recent overwrought front-page editorial. 

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.

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