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 this file: ftp portal.com, get /pub/chan/cowards.txt

 

Jeff Chan chan@shell.portal.com

 

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"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

Washington, DC 20036

 

(C) 1993 by The Public Interest.

 

----------------------------------------------------------------------------

 

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.

 

The Gift of Life

 

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.

 

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Scott Ostrander: scotto@cica.indiana.edu

 

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