Preface: I have obtained reprint permission for the Internet for Jeffrey
Snyder's "A Nation of Cowards". It may be reproduced freely, including
forwarding copies to politicians, provided that it is not distributed for
profit and subscription information is included. I especially encourage
you to copy and pass on this strong statement about firearms ownership to
friends, colleagues, undecideds, and other firearms rights supporters. Your
grassroots pamphleteering can counter the propaganda blitz now going on
by introducing some reason to the debate. This essay is one of our best
weapons. To get plaintext: ftp ftp.shell.portal.com, get /pub/chan/cowards.txt
The WWW URL is: http://www.portal.com/~chan/comment/cowards.html or at the
html converter Scott Ostrander's site: http://www.cica.indiana.edu/hyplan/scotto/firearms/cowards.html
Jeff Chan chan@shell.portal.com
A Nation of Cowards" was published in the Fall, '93 issue of The Public
Interest, a quarterly journal of opinion published by National Affairs,
Inc. Single copies of The Public Interest are available for $6. Annual subscription
rate is $21 ($24 US, for Canadian and foreign subscriptions). Single copies
of this or other issues, and subscriptions, can be obtained from: The Public
Interest 1112 16th St., NW, Suite 530 -
A NATION OF COWARDS
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.
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
benefitting 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 combatting 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.