Fighting Fire With Fire

 

by Clayton Cramer

 

Solve the problem of arson with more fire? Are you crazy? But setting a

firebreak is a reasonable solution to a fire already out of control. Fire

isn't the problem; criminal intent is the problem.

 

Similarly, if someone suggests the solution to criminals misusing guns is

more guns, people similarly question your sanity; but again, it isn't the

tool, but how it's used. If the recent murders in Killeen, Texas, had been

tried in 1870, or in a number of counties in California today, the results

would have been very different, because one or more of the customers would

have shot the madman dead.

 

A madman bent on dying, with lots of unwilling company, is not a problem of

too little gun control, but of too much gun control. By the Act of April 12,

1871, Texas became the first American state to deny its citizens the right

of self-defense; the carrying of deadly weapons was prohibited. [1] That

statute remains in effect today -- only a police officer may carry a gun for

self-defense in Texas. There's never a cop when you need one; in Killeen,

Texas, the police arrived, performed admirably, but ten minutes too late.

 

Laws banning the carrying of deadly weapons are relatively recent.

California had no laws regulating the carrying of deadly weapons until 1917

[2] , even open carry was legal until 1967 (though seldom done in the larger

cities) [3] ; in Minnesota, open carry was legal until 1975. [4] Vermont

still has no statute prohibiting the concealed carry of pistols, unless

"with the intent or avowed purpose of injuring a fellow man." [5] There are

a number of Western states (Arizona, New Mexico, Alaska, most of Nevada)

where it is still legal to openly carry a gun.

 

In 1764, Cesare Beccaria published On Crimes and Punishments; his

revolutionary ideas included the abolition of torture, and reduced use of

the death penalty. His ideas took both Europe and North America by storm.

[6] Among the many reforms which On Crimes and Punishments promoted, and

which were taken up by the Framers [7] :

 

False is the idea of utility that sacrifices a thousand real advantages

for one imaginary or trifling inconvenience; that would take fire from

men because it burns, and water because one may drown in it; that has

no remedy for evils, except destruction. The laws that forbid the

carrying of arms are laws of such a nature. They disarm only those who

are neither inclined nor determined to commit crimes. Can it be

supposed that those who have the courage to violate the most sacred

laws of humanity, the most important of the code, will respect the less

important and arbitrary ones, which can be violated with ease and

impunity and subject innocent persons to all the vexations that the

guilty alone ought to suffer? Such laws make things worse for the

assaulted and better for the assailants; they serve rather to encourage

than to prevent homicides, for an unarmed man may be attacked with

greater confidence than an armed man. [8]

 

A person who intends suicide after mass murder, will not be deterred by any

law. (In the absence of guns, one man with $1 worth of gasoline successfully

murdered 87 people in New York City two years ago.) A criminal who intends

murder, is unconcerned about the minor punishment of carrying a concealed

weapon. Only the law-abiding person, with no criminal history, is deterred

by such laws.

 

This is a radical idea -- that law-abiding people should be able to defend

themselves from murderous attack in public. It's not necessary for us to

return to complete laissez-faire, like Vermont; a dramatic expansion of the

number of concealed weapons permits provides an easy way to make

self-defense legal again, while still verifying that a person carrying a gun

isn't mentally ill, a criminal, or incompetent. Oregon [9] , Pennsylvania

[10] , and Florida, have all made dramatic changes to their concealed

weapons statutes in the last few years, and the effect in each has been to

dramatically expand the number of permits. Oregon's murder rate, already

falling, fell again during 1990.

 

In a society where savages use guns, knives, baseball bats, and gasoline, it

is time for radical rethinking of the right to self-defense.

 

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Clayton Cramer is a software engineer with a Petaluma manufacturer of

telecommunications equipment. He is currently writing a history of the

Second Amendment.

 

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1. English v. State, 35 Tex. 473 (1872).

 

2. Assembly Office of Research, Smoking Gun: The Case For Concealed Weapon

Permit Reform, (Sacramento, State of California: 1986), 5.

 

3. Assembly Office of Research, 6.

 

4. Application of Atkinson, Minn., 291 N.W.2d 396, 397 (1980).

 

5. Vermont Statutes, y 4003.

 

6. Marcello Maestro, Cesare Beccaria and the Origins of Penal Reform,

(Philadelphia, Temple University Press: 1973), 134-138.

 

7. Maestro, 141; Stephen P. Halbrook, That Every Man Be Armed, (University

of New Mexico Press: 1984); reprinted by The Independent Institute, Oakland:

1984), 35, 209.

 

8. Cesare Beccaria, trans. by Henry Palolucci, On Crimes And Punishments,

(New York, Bobbs-Merrill Co.: 1963), 87-88.

 

9. Oregon Revised Statutes (1989), 166.291.

 

10. Pennsylvania Crimes Code (1989), y 6109.

 

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