When you are a crazy person, as I am, you may find yourself awake early in the morning, having gotten up to nurse your baby and now being unable to fall asleep, as the room slowly whitens with dawn—you may find yourself, I say, thinking about gun control. That’s right, gun control.
I think the inspiration for this is the spectacle of seeing all the people who would ordinarily tell you all about gun safety and Eddie Eagle and whatnot suddenly reverse themselves. There is a genial contempt on the right for liberals who regard guns as something like living cobras, coiled in a desk drawer, ready to strike and kill without warning. “Nonsense”, our NRA friends say! “Why, if you knew anything about guns you’d know how people with guns take safety very seriously! Assume all guns are loaded! Keep your finger off the trigger! Don’t point a gun at anything you don’t intend to shoot! Etc.” And then, all of a sudden it’s “hey, they were hunting, with guns! You go out hunting with guns and you’re going to get shot in the face! Them’s the breaks, you blue state moron!” To the extent that any east-coast, Frenchified journalists bought this line of horseshit, I suppose it reinforced the whole “guns-are-a-lot-like-grenades-with-the-pin-pulled” notion they may have had. Everyone else in the country who knows anything about guns and whose hackery Hewitt just said, “remind me never to go hunting with you, you fucking idiots.”
American attitudes about guns really are a mystery to the rest of the world. Here is a conversation I often have with foreign acquaintances:
FA: So, America is really violent and people are getting shot all over the place, right?
BW: Hell yes. Bullets are flying. I, personally, had to lie down in my bathtub sometimes in my college apartment, because I was afraid a stray bullet from a full-on gun-battle raging behind my building would come in and kill me. I mean, crime has gone down a lot since the early nineties, but still, people are getting shot right and left compared to Europe.
FA: Have you ever seen anyone get shot?
BW: Ha ha, well, now you’re just being silly! Of course not. I mean, I’ve heard somebody getting shot right down the street from me in Oakland, in a drive-by in the Jack In The Box parking lot, and I’ve seen shooting victims brought by me in the ER a couple of times, but really.
FA: Do you think there should be stricter gun control laws?
BW: Well, I’m not opposed to reasonable measures like background checks, but it would be unconstitutional to just ban guns altogether.
FA: Do you think people should be able to shoot and kill intruders and not go to jail?
BW: Duh, obviously.
FA: So, do people in your family have guns?
BW: Of course! Scads of them! Probably an average of about…hmmm…3 per adult family member. In fact, my dad was once actually inconvenienced by the South Carolina gun laws, which allow you to buy only one handgun per month!
FA: What?
BW: Yeah, he saw this sweet .45 at a gun show and wanted to get it as a present for my step-mom, but he had already bought a .38 earlier the same month. The man was keeping him down!
FA: Um, I see. [edging away nervously] Do you have any guns?
BW: No, I always worry I’d get drunk and shoot myself sometime.
At this point the foreign acquaintance usually changes the subject.
Eugene Volokh has made the excellent point in a post I’m too lazy to find that polarization on gun control issues mirrors that of abortion issues. Pro-choice activists are opposed to any restrictions on abortion partially because they believe that the pro-life activists intend to chip away at the right until nothing is left. Why? Because their ultimate goal is a total ban on abortion. This is accurate as to the intentions of the core group, but not accurate with respect to the many citizens who favor some restrictions on abortion but do think first-trimester abortion should be legal. Pro-choice activists sometimes come off as maniacs who favor infanticide for this reason. Similarly, the NRA opposes even quite reasonable-sounding gun legislation because it sees the ultimate goal of the gun-control partisans as having Hitlery and the UN come to your house and take away your daddy’s rifle while your son looks on, sobbing at his father’s impotence and rage. Again, this isn’t totally inaccurate with regard to the most avid anti-gun campaigner (though less true than the beliefs about the pro-lifers), but it can alienate ordinary citizens who think that some restrictions on gun ownership are an obviously good idea.
So, in the interests of promoting the unfailingly civil rapprochement between left and right which has come to be something of a hallmark here at Crooked Timber, let’s all think about this for a minute.
1) No one is a 2nd amendment absolutist, because everyone agrees that there are some types of arms which private citizens may never have, such as tactical nuclear weapons. The debate is clearly over what restrictions we will have over the armaments of private citizens, not whether there should be any. (Non-US citizens may be interested to know that private individuals can totally own tanks and artillery and stuff. Which is pretty awesome.)
2) On the other hand, it just plain says in the constitution that citizens have the right to bear arms. Dude, go look. Probably the Founding Fathers could have phrased it just a wee bit more clearly, I grant you. The first two clauses are just…hanging out there, demanding to be translated into Latin as an ablative absolute. Still, look at the context. All these other nearby amendments are kind of…delimiting the power of the state with respect to individuals, huh? I know it sounds stupid, but the 2nd amendment to the constitution really is about the people retaining the ability to overthrow the government by force if the government starts pissing them off. The fact that our current military could obviously crush any Red Dawn bullshit if it chose to do so is not relevant to this point. No, I don’t want to hear your theory. If it says “right of the people” it doesn’t mean “the right of individual states to form militias.” Sorry. Any of the other 10 amendments about the rights of state governments vis-a-vis the federal government? No? Oooh, snap!
3. If there weren’t any handguns in America at all, many fewer people would get killed. I guarantee that exactly zero children would be killed as they sat in their homes by a stray knife from a knife-fight going on outside.
4. There has to be some deterrent effect to would-be burglars to know that most homes they might want to break into at night are armed. There just has to be. Also, if someone comes in your house and you don’t know what they’re going to do next, it’s perfectly reasonable to shoot and kill them. (Which is why Cory Maye shouldn’t be in jail.)
5. I think a not-crazy case can be made that banning handguns could be consistent with the 2nd amendment. The right to bear arms is understood as a right with something of a purpose: the ability to serve in the milita. So, bring on the long guns. Do foot soldiers carry handguns into combat? Not so much. Officers may retain them as a conversation-stopper in case people get mutinous, but they’re not really, plausibly, the sort of thing you need to fight as a militiaman.
What’s the answer? I have no idea. (“Then why have you troubled us with this rambling and interminable post?”—The Plain People of Teh Intarwebz. Eh, it’s a blog.) It’s unquestionably the case that there’s lots of violent gun crime in the States. The perpetrators and victims are disproportionately young black men. (This sometimes leads to a coded defense of gun rights which suggests that the problem is, you know, those people, rather than guns per se.)
Finally, it’s important to keep in mind that there are a lot of crazy people in America who are armed to the teeth. Some of them are huffing gasoline right now! Or mad at their meth dealer! (I actually am related to know these people). And the truth is, whatever Eddie Eagle says, lots of people with guns get drunk and high and act like jackasses. I called home from college once and when my mom picked up the phone I could hear gunfire, and I was like “what the hell?” It turned out my step-dad and a friend were down in the basement firing our SKS into a phone book on the wall. My mom had taken my sister upstairs, but she herself was in the kitchen, separated by mere inches of wood from the firing. Why? Because she was making tea. So, the moral of the story is probably the one which John whispers in an aside to the foreign acquaintance: “don’t pay attention to her. Her whole family is crazy and weird stuff is always happening to them.”
{ 1 trackback }
{ 162 comments }
jet 02.21.06 at 9:04 am
Belle rules.
Barry 02.21.06 at 9:05 am
“The fact that our current military could obviously crush any Red Dawn bullshit if it chose to do so is not relevant to this point. ”
I’m tempted to call BS on that idea; our current military can’t control Iraq, let alone the USA.
My only doubt is that I feel that the average Iraqi is both better-armed and more ornery than the average American.
Ginger Yellow 02.21.06 at 9:06 am
What does a crap ski-jumper have to do with gun control?
James Nichols doesn’t agree with that in Bowling for Columbine. Admittedly, he’s not exactly representative, but it’s false to say nobody is an absolutist.
It doesn’t sound stupid at all. What sounds stupid is having this constitutional right and then banning advocating the overthrow of the government by force.
Matt McIrvin 02.21.06 at 9:06 am
Actually, since the Cheney incident I’ve seen a lot of friends of mine who are total gun freaks posting about how stupid and careless Cheney was. They tend to have been off-the-reservation anti-Bush libertarian types to begin with rather than core Republicans.
Syd Webb 02.21.06 at 9:16 am
There has to be some deterrent effect to would-be burglars to know that most homes they might want to break into at night are armed. There just has to be.
Yes. That what they’re doing is illegal and they might go to gaol.
Oddly enough, in arms controlled Australia, the three burglaries in my houses have all been during the day. It’s almost as if the burglars have wanted to go about their business undisturbed by the presence of home-owners, armed or not.
sd 02.21.06 at 9:24 am
What a fantastic post. Whoda thunk it – acknowledging complexity and competing reasonable interests on a blog. Next thing you know, they’ll figure out a way to slice bread before you buy it.
sPh 02.21.06 at 9:42 am
Thank you: that is the best-written essay on the firearms / 2nd Amendment issue I have ever read.
I will also point out that not all European countries ban private ownership of firearms. Last time I checked Belgian citizens owned both handguns and long arms, and Italian citizens long arms (of course that was a while ago and may have changed). The Belgians I worked with didn’t get involved in the “you Americans are nuts” discussions at dinner, but neither did they call the American situation (or contradiction, as you describe) crazy.
sPh
dsquared 02.21.06 at 9:44 am
I in general think that Americans should be allowed to have guns, as they seem to want them. (also with guns as they are currently designed they are out of range of me). It always does surprise me though that there are plenty of Americans who believe that if there was a serious danger of totalitarian government in the USA, the majority of private gun owners would be on the anti-totalitarian side. It just doesn’t seem to fit the observable facts so well.
abb1 02.21.06 at 9:44 am
James Nichols doesn’t agree with that in Bowling for Columbine.
A lot of them don’t agree. They say: whatever weapons US military has – citizens should be able to have them too. That’s consistent with the idea of having the ability to overthrow the government by force if necessary.
abb1 02.21.06 at 9:50 am
…if there was a serious danger of totalitarian government in the USA, the majority of private gun owners would be on the anti-totalitarian side.
I am sure citizens of Oakland preferred black panthers to racist cops.
Trevor 02.21.06 at 9:53 am
Any of the other 10 amendments about the rights of state governments vis-a-vis the federal government? No? Oooh, snap!
Er, the tenth? I believe it says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Not that your reading of the second is wrong, but dude.
Doctor Slack 02.21.06 at 10:16 am
Great post.
7: It always does surprise me though that there are plenty of Americans who believe that if there was a serious danger of totalitarian government in the USA, the majority of private gun owners would be on the anti-totalitarian side.
I was thinking exactly the same thing. The gun lobby tends to employ the image of courageous democratic rebels battling against tyranny in describing the 2nd Amendment, but much of the actual history of heavily-armed societies consists of various factions battling for tyranny: their own. In an America that spawned the kind of right-wing terror cell that holds credit for its largest domestic attack outside al Qaeda, you’d think that would give some people pause.
sd 02.21.06 at 10:22 am
doctor slack,
Um, you do realize that the incident you are refering to was accomplished using a rental truck and a large quantity of fertilizer – not any sort of firearms?
peter 02.21.06 at 10:22 am
Actually, ordinary soldiers still do carry sidearms into battle. If there has been any decline, I suspect it has more do to with the current sidearm on offer for most of our troops: a type-92 9mm Beretta. The 9mm bullet was chosen to get us in line with the rest of NATO and the Beretta in particular was chosen to appease Italy. Unfortunately, the Beretta is not particularly highly regarded in many circles (at 9mm, Glock and Glock-ish pistols are, from my casual observation, far more preferred) and many feel that the 9mm lacks stopping power against fanatic opponents (like, oh, say, the Taliban). I bet that if the army went back to the old .45 acp, using one of the updated 1911-style tactical models (from Springfield, Kimber, etc.), you’d see sidearm carrying shoot back up. If I were facing insurgents in Iraq, I too would forego the current pistol option in favor of a 12 gauge shotgun with 00 buckshot. And I’ve read that more and more troops are doing just that. But if a 1911-style .45 acp were available, I would definitely take it.
All of that said, however, as a gun “enthusiast” (though not to the extent that the cost of that hobby is permitted to cut into the budget for others, such as golf or wine collecting), my first choice for home defense is a 12 gauge pump shotgun (the Mossberg 590, in my case) with high velocity birdshot. This delivers an awesome punch at short range with low penetration of walls (a key consideration if you plan to start shooting in the living room and you care about others in your house). It does not require as much accuracy under stress as a pistol. It delivers incredible firepower and can probably outgun, in the confined space of a home, anything an intruder is likely to have short of an MP5 or something like that (and realistically no intruder is going to have something like that). And its discharge in close quarters is terrifying and likely to be enough to get an intruder to flee. And if they take a hit from that sucker and keep coming, well, I guess they are entitled to my flat screen TV. I don’t see why someone needs more than this for home defense.
JR 02.21.06 at 10:28 am
A little con law might help here. The Bill of Rights was originally thought of as applying ONLY to the federal government. So, for example, the federal government couldn’t establish a religion, but states could. (Massachusetts didn’t abolish its established church until 1833). It was only after the Civil War and the 14th Amendment that the Supreme Court held that some (but not all) of the Bill of Rights would apply to the states. The Court did this by concluding that certain rights were so important that violating them would deprive people of “due process of law,” which, the 14th Amendment says, the states must provide. Because the rights are said to be “incorporated” into the due process clause, this is known as the “incorporation doctrine.”
The Supreme Court has never held that the Second Amendment is incorporated into the due process clause, and it wouldn’t make sense to do so. If you read the amendment as applying only to the Federal government, it makes sense. “A well-regulated militia” – regulated by the states. The right of the people to bear arms “shall not be infringed” – infringed by the federal government.
So the right way to read the 2nd Amendment is that it permits extensive gun control by the states, but that federal gun control must not extend to the point that it would “infringe” the right to keep and bear arms.
In my personal view, the amendment would not bar federal registration and permitting, but that’s something many would disagree with. But it is certainly the case that the amendment would not bar state registration and permitting.
Nix 02.21.06 at 10:32 am
I have actually had prolonged arguments with one libertarian loony who claimed, among other things, that civilian ownership of nuclear weapons should be permitted, and that all medical care should be private and that nobody should be allowed to pay for anyone else’s, that mothers who can’t pay for the medical care of themselves and their children during childbirth should be left to die ‘for their own good’.
So there is a strand of political thought (using the word in its loosest possible sense) that holds to private ownership of nukes.
Myself I think private individuals should be allowed to detonate the Sun on command. Right now only Rupert Murdoch has that right, which is patently unfair.
reuben 02.21.06 at 10:37 am
We should have the right to own guns and shoot people, but we should have to give em three steps, give em three steps Mister, give em three steps towards the door first.
BG 02.21.06 at 10:39 am
Any of the other 10 amendments about the rights of state governments vis-a-vis the federal government? No? Oooh, snap!
You’re forgetting about the 10th Amendment, which states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Doctor Slack 02.21.06 at 10:49 am
12: Um, you do realize that the incident you are refering to was accomplished using a rental truck and a large quantity of fertilizer – not any sort of firearms?
I also realize that the ultranationalist Patriot militia movement the attack came from was (and its descendants are) demonstrably firearms-obsessed, raising the likely prospect that many would be just as capable with turning their guns on other Americans as bombing them. (Once, of course, they had come to identify them not as fellow Americans at all, but as enemies on a battlefield—like Timothy McVeigh apparently did.)
Doctor Slack 02.21.06 at 10:52 am
raising the likely prospect that many would be just as capable with turning their guns
Should read “raising the likely prospect that many would be just as comfortable with turning their guns…”
abb1 02.21.06 at 10:54 am
…much of the actual history of heavily-armed societies consists of various factions battling for tyranny: their own.
Why, the Swiss have what one could call a ‘well-regulated militia’; every male citizen keeps his military assault rifle at home plus a sealed box with ammo. Nothing terrible has happened so far; I’m not aware of any factions battling for tyranny.
Apparently it’s very easy to buy and own hunting/sporting guns here, but almost impossible to get a handgun permit.
Martin James 02.21.06 at 10:55 am
Dsquared and Doctor Slack think that gun owners are more totalitarian in their potential political behavior.
Setting aside the facts of the matter, for my money, the key to understanding our current political arrangement is that people vote for the party that doesn’t make them feel guilty.
People that don’t want to feel guilty about abortion or sexual preference or a lack of money or a lack of religious piety or racial status vote Democrat.
People that don’t want to feel guilty about gun owning or pollution or a lack of charity or bigotry or war-mongering vote Republican.
The interesting thing is that Democrats see the Republican list and say “Look, but people SHOULD feel guilty about that stuff”. The Republicans look at their list and say “look at how big our base will be if we can absolve people’s guilt for ALL of that.”
The party that can be self-righteous to the biggest group wins.
Back to the facts for Dsquared and Doc Slack. I think they confuse social oppression with totalitarianism. For example, a lynching is not totalitarian. That’s the whole point, its outside government, its a social thing. I don’t believe the majority of gun owners suppport a uniform totalitarian oppression, they prefer a market in small, grass-roots oppressions.
Barry Freed 02.21.06 at 11:04 am
3. If there werent any handguns in America at all, many fewer people would get killed. I guarantee that exactly zero children would be killed as they sat in their homes by a stray knife from a knife-fight going on outside
Um, ninjas?
sd 02.21.06 at 11:17 am
doctor slack:
Even if your contention is true, I fail to see what the point is. Are there people on the political fringe who are willing to kill their fellow citizens? Certainly yes, though of course the number of incidents in which there has been actual violence associated with these types has been minimal. Are these same folks “obsessed” with firearms? Well, I suppose you could argue that, but so are several million other Americans who haven’t the slightest trace of murderous impulses. Could these people kill others with firearms? I suppose so, though the only large scale incident in which militia types have killed other Americans involved no firearms at all.
In other words – are you arguing that we should restrict ownership of firearms because there is a fringe element that might use these firearms to kill people, even though we can’t point to actual examples of this happening, but instead can point to examples of militia types killing people using items that we couldn’t easily ban without also banning modern agriculture and the moving from one apartment to a new apartment?
Doctor Slack 02.21.06 at 11:25 am
21: Dsquared and Doctor Slack think that gun owners are more totalitarian in their potential political behavior.
Hmmm. I was about to say that neither of us set anything about “gun owners” generally, but Dsquared did use the word “majority” and I did say “exactly.” Which was a bit careless of me, because I actually don’t think that gun owners per se—or even a majority thereof—are more totalitarian in their potential. It’s more that pervasive armament tends to significantly empower a profoundly dedicated and non-democratic subset of people.
To me there’s a difference between a guy who buys a gun for hunting or home defense and people who spend large amounts of time learning to be relatively ruthless and organized with their violence… and while it’s usual that the latter type will have an edge if actual violence breaks out, it’s not always or even often that they’re going to be the principled democrat in the room. (Not even if he learned his trade in, say, a military organization whose ostensible purpose is the defense of democracy.)
I think they confuse social oppression with totalitarianism.
It’s possible to do so, fair enough. OTOH it’s important to remember that totalitarianism usually succeeds to the extent that it can harness social oppression to its objectives. (Much of the once so virulently anti-government Patriot movement can now be found enlisting itself to supposedly support the state in more “mainstream” initiatives.)
nick s 02.21.06 at 11:31 am
Actually, since the Cheney incident I’ve seen a lot of friends of mine who are total gun freaks posting about how stupid and careless Cheney was.
The NRA’s response, on the other hand, has been positively Trappist, proving that they’re not about teh gun saf3ty, and all about the GOP.
Doctor Slack 02.21.06 at 11:34 am
24: In other words – are you arguing that we should restrict ownership of firearms because there is a fringe element that might use these firearms to kill people
The point is confusing you because you’re losing track of its original context. Dsquared’s original point was that broader human experience and history doesn’t give us reason to believe that heavily-armed societies are all that tyranny-resistant. The ultranationalist right in the States, which has a documented history of violence against fellow-citizens (albeit not large-scale firearms violence) strikes me as a concrete illustration of why that broader history should at least seem relevant to American experience.
As for whether I’m arguing that guns should be restricted because of the urges of a fringe element… of course I am. That’s usually the reason one restricts any sort of military hardware. I’m sure most people wouldn’t be tempted to use larger military hardware frivolously if they could do so, either, but for similar reasons you can’t just walk into any old gun shop and buy an anti-tank weapon, right?
Jacob T. Levy 02.21.06 at 11:41 am
Do foot soldiers carry handguns into combat? Not so much.
From one of the most important 2nd Amendment cases, US v Miller, which upheld the prohibition of sawed-off shotguns:
“In the absence of any evidence tending to show that possession of a ‘shotgun having a barrel of less than eighteen inches in length’ has some reasonable relationship to the preservation or efficiency of a well-regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.”
That is, the non-military character of the firearm tended to legitimate its prohibition—same sort of reasoning Belle’s using here. I have no idea whether she’s right about handguns and the military, though I never remember seeing a handgun among my grandfather’s rifle-heavy Marine momentos. Of course, that Miller line of reasoning is problematic for the prohibition of automatic or semiautomatic weapons. (Maybe not so much a problem for the regulation of nukes—since the criterion isn’t just military utility but something like customary-for-individual-soldiers-in-a-militia; individual soldiers in the National Guard certainly aren’t issued with individual nukes.)
The Supreme Court has never held that the Second Amendment is incorporated into the due process clause, and it wouldn’t make sense to do so.
The Court hasn’t so held; but there’s some convincing evidence that at least some of the 14th Amendment’s authors and ratifiers at the time were concerned to protect freedmen’s rights to own guns—rights which were typically the very first thing taken away when southern whites regained control of any level of government, the better to keep freedmen down with reign-of-terror tactics. [The amendment’s framers of course were thinking of federalizing the individual rights of freedmen primarily through the Privileges or Immunities clause, not Due Process, but that was before the S Ct gutted the former.] Relevance is subject to one’s opinion on originalism, of course. But, at least as an originalist matter, it’s apparently plausible to think that the 2nd was incorporated against the states into the P/I Clause—somewhat more plausible than the incorporation of the Establishment Clause into the Due Process Clause, say, which is something that everyone except Clarence Thomas now accepts as settled.
nick s 02.21.06 at 11:44 am
Last time I checked Belgian citizens owned both handguns and long arms, and Italian citizens long arms
The latter is probably still true, since Dick shot Harry in the face with an Italian shotgun. And, of course, the Swiss militia has already been mentioned, with a model that, if applied to the US, would certainly be keeping to the spirit of yer well-regulated militia.
(That amendment’s a truly crappy bit of eighteenth-century prose, in part because of the desire to appease both the states that did their own regulating, and those that trusted individuals to train by shooting bottles on the fence.)
And I do very much doubt that yer Founding Daddy-os were as obsessive about the details of arms-bearing as most American gun enthusiasts (commenter no. 14 being representative here). And it’s that which, I think, comes across as somewhat creepy, in the way that trainspotting would be even more creepy if the spotters were using trains as potentially deadly weapons.
nick s 02.21.06 at 11:47 am
Dsquared’s original point was that broader human experience and history doesn’t give us reason to believe that heavily-armed societies are all that tyranny-resistant.
q.v. Iraq, during and after Saddam.
jet 02.21.06 at 12:07 pm
Barry,
But the most effective terrorist firearm in Iraq has been the dragunov, usually used from DC sniper type positions. Most gun carrying US citizens don’t have assult rifles, but they do carry rifles as accurate, or more, as the dragunov. Never mind that most of the US Army would just go home if they were faced with a general uprising. Can anyone see officers like Ohio’s Hackett ordering assults on US militias?And Peter is dead on. Pistols are something you use to get to your rifle/shotgun. Just the sound of a 3.5” shell going off inside a house will temporarily deafen everyone in there, hopefully scaring the intruder off.
peter 02.21.06 at 12:21 pm
Jacob T. Levy: The Marines did carry a single-stack 1911-style .45 acp as a standard sidearm in WWII. It was standard issue but probably the first thing the marines re-collected when soldiers demobilized. The reason is that in that era the military was adopting new assault rifles at a much faster pace than new pistols. In fact, that basic pistol was pretty much the standard sidearm from WWI through the Reagan era. So they wanted to re-cycle them. (The Marines of Vietnam were often stuck with “shot out” WWII vintage 1911 .45s.) Today the military has adhered much longer to a more basic and limited suite of assault rifle designs than they had before the Sixties.
To the extent that soldiers did not carry a .45 pistol in WWII, it was usually b/c their main weapon was so damned heavy (eg the BAR) or they had a Thompson style submachine gun already. Carrying of pistols was certainly not limited to, for instance, officers.
As for the statement “Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense”, can you give a date on that case? I’m pretty sure 14 and 16 inch shotgun barrels are pretty widespread today, particularly in the more elite units and those stuck with the (awful) task of urban counterinsurgency .
Erik 02.21.06 at 12:30 pm
Cool post, but in my Olympics mode, I am somewhat disappointed that it wasn’t about THE Eddie the Eagle
peter 02.21.06 at 12:35 pm
I would really emphaisze that, while I think shotguns are sufficient and in many respects preferrable to home defense, any decline in pistol-carrying in today’s army probably has more to do with the crappy choice of pistol than anything else. The army should never have abandoned the basic 1911-style .45 acp and all of the military arguments for doing so were basically non-sense.
By the way, Belle, a little off topic but if you ever want another interesting gun-related topic to chew on in the wee hours, I would look into the social consequences of so many military weapons getting transferred to cops, mainly during the Clinton era. The net effect has been to militarize many police forces (see, for example, the explosive growth in SWAT teams) and potentially profoundly transform the relationship between many elements of modern police departments and the public. These weapons made possible tactics that likely influenced the institutional mindset of police departments, and I would argue in very detrimental ways. For instance, there is a growing list of horror stories involving SWAT teams, whose writ now extends far beyond their original mission.
Carlos 02.21.06 at 12:39 pm
Nick #29 S, Peter #14 is not being particularly train-spotty by US standards. For many gun owners, being well-informed about one’s hobby is a sign of responsible ownership.
I kind of wish more car owners emulated this practice, actually. To me, cars are much scarier than guns. I’ve only been in a dangerous situation with a guy and a rifle two or three times in my life—hunting season + beer = fun!—while I can’t count the number of times I’ve been in danger because of some maniac on the road.
peter 02.21.06 at 12:50 pm
Nick #29: I’m sorry if that creeps you out, but I’m not sure why. Would you prefer that gun owners know very little about their weapons? That doesn’t seem very safe to me. And besides, my technical knowledge has led me to a less extreme view than some: I think it tends to be the less techically informed who seriously think they need a machine gun for home defense.
By the way, I also collect wine and so can go on and on about certain regions and vintages. If this were a wine forum you would have seen that side of me, and have no inkling of my ideas about guns. But the topic here is guns, and any frutiful discussion will involve some interplay of legal and technical issues. Without the former, you can’t put this into any larger social context (as Belle and some of the commentors have ably done). Without the latter, this is simply an abstract discussion with no real grounding in the practical consequences of rules informed by those larger social considerations. I hope that any future wine discussion involving the two of us doesn’t creep you out (though you could rightfully be bored to death by it).
Jacob T. Levy 02.21.06 at 12:54 pm
can you give a date on that case?
1939.
C.J.Colucci 02.21.06 at 12:54 pm
About 30 years ago, some humorist whose name I no longer recall wrote an article in Playboy advocating had what I still think is the best way of handling the gun issue. (Of course that’s why I bought it.) He proposed federal gun licenses that said, in effect, Jim-Bob here is a good citizen and can have all the guns he wants. Counting on the desire of any privileged licensiate to restrict access and raise the prestige accruing to their licensed status, the Jim-Bobs of the world would themselves start demanding actual, and gradually tougher, standards for obtaining such licenses. Before you knew it, every licensed gun owner would have gone through the equivalent of basic training, registered their weapons (much like cars), and bought liability insurance (much like cars), and who knows what-all else.
I don’t see that the debate has advanced much since then.
peter 02.21.06 at 12:56 pm
Jacob T. Levy: Thanks. 1939 makes sense. I think these shorter barrel shotguns are a more modern military phenomenon.
Pepe 02.21.06 at 1:23 pm
Last time I checked Belgian citizens owned both handguns and long arms, and Italian citizens long arms
With a chart based on early-90s-data…Norway, Finland, France and (of course) Switzerland have higher gun ownership rates than Belgium or France, and Sweden & Spain are not far behind Italy. And unless I’m mistaken, the UK (and ROI?) are the only European countries to effectively ban handguns.
I’d have to agree with Say Uncle. I don’t have a gun in the home, but if I wanted one for defense it’d be a handgun. I’d want my left hand free if need be. And being of smaller stature I would appear to be (and am) someone you could easily wrestle a shotgun from. I’d want to give the burglar less of a target.
nick s 02.21.06 at 1:25 pm
I’m sorry if that creeps you out, but I’m not sure why. Would you prefer that gun owners know very little about their weapons?
Oh, quite the contrary. But I’m sure I’m not alone among the Brits here: save that, as an expat in the US, I have actually been shooting and could follow what you said.
(The person who educated me on the differences between the large set of handguns in his collection also offered anecdotes of blowing up trees with black powder while growing up in rural South Carolina. I don’t think his experience was atypical, judging from Belle’s post.)
Anyway, I think it’s the imagined scenarios which have the capacity to appear creepy, because you’ve obviously walked through the Cheneyising of an intruder in your head, just in case the unfortunate situation arises when you feel the need to do so.
nick s 02.21.06 at 1:30 pm
Case in point, from that link about ‘house guns’:
If you’re in my home uninvited rummaging through my belongings, I will lawfully assume that you mean me and my loved ones harm. You will be considered a hostile target. The only warning you will receive will be the 230 grain, jacketed hollow point piercing your flesh.
Convince me that the person who wrote those words doesn’t, on some level, want the opportunity to act out that scenario.
Urinated State of America (M.A. Cantab) 02.21.06 at 1:34 pm
“(Non-US citizens may be interested to know that private individuals can totally own tanks and artillery and stuff. Which is pretty awesome.)”
There’s a billionaire in Portola Valley, up the hill from Palo Alto, who has about ~80 tanks and two scud missile launchers. Basically, he loved playing with toy tanks as a kid, and now can do it full-scale. So he has a collection of armored vehicles more extensive than ~100 of the world’s countries.
Turns out buying a second-hand tank costs about the same as buying a new sedan. Transporting it and maintaining it, however, takes serious $$$.
My reaction? I want to see Portola Valley invade Woodside.
peter 02.21.06 at 2:00 pm
I think it’s the imagined scenarios which have the capacity to appear creepy: not my intention.
I simply asked myself, at some point in time, what is and is not reasonable for home defense, and then just left it at that. And the most important factor was what would be the best way of getting the intruder to just split (my preferred resolution to the thing) while still having a pretty fail-safe defensive weapon. And putting some time into technical considerations here seems reasonable.
But I don’t spend my time trying to game things out in my head (right now a persistent problem with cracking tile on one part of my bathroom floor is my main domestic concern), and I have never blown up a tree. That sounds ridiculously dangerous. And pointless.
g 02.21.06 at 2:00 pm
I haven’t anything to add to the gun control debate, but I just wanted to remark that I liked the Myles reference.
nick s 02.21.06 at 2:03 pm
I simply asked myself, at some point in time, what is and is not reasonable for home defense, and then just left it at that.
Understood. That linked post, though, is truly creepy, especially when ‘SayUncle’ talks in the comments about shooting any cop that dare touch his arsenal. Micropenis alert, methinks.
Tyrone Slothrop 02.21.06 at 2:09 pm
My first choice for home defense is an 85-lb German Shepherd Dog, since she’s more likely to deter would-be thefters before they break and enter, and I’m more comfortable when kids play with her.
I would not mind a world in which many people had hunting rifles and very few people had handguns. I was just posting this morning about how the presence of handguns in the United States makes the streets feel much more dangerous.
peter 02.21.06 at 2:30 pm
nick s: I just read Say Uncle’s thoughts and you are right: he is nuts. You shoot someone when you are backed into a corner with NO options left. If they appear to be interested in your flat screen TV in your den, let them have it. Material things are not worth killing over.
And Pepe, if you are smaller you’ll need both hands to shoot something like a .45 acp. I shoot one (just for fun at the range) and I am well over 6 feet tall with a heavy frame, and I find my accuracy depends on having both hands on the gun. And if I were scared that would probably only make this more true.
Get a 20 gauge shotgun if you are concerned about this. It will be more manageable for you, will still get the job done, has comparativley low penetrating power against walls (a huge consideration) and has a demonstration effect that still makes by far the best of all outcomes (the intruder just runs) the most likely.
peter 02.21.06 at 2:45 pm
nick s: Your probelm with Uncle Say raises another important point. If you are in a situation where there is an intruder in your house, he or she or they may well have already struck nearby, drawing in the police. If the police see that your door or window has been forced, they are likely to enter in pursuit. This makes it even more critical that you be extremely cautious and conservative, lest you put law enforcement in harm’s way. One should never take the aggressive stance this guy appears to advocate. Even if you are legally cleared, the moral burden will be awesome and forever. You hold your fire until you are basically a dead man if you don’t.
Scott 02.21.06 at 3:34 pm
No, I don’t want to hear your theory. If it says “right of the people” it doesn’t mean “the right of individual states to form militias.”
Besides, how many of the people who argue that really believe that South Carolina or Texas can have it’s own militias that are totally independent of the Federal Govt, w/ the President not being commander in chief? For it to mean the National Guard (which didn’t exist then), they’d have to argue that the 2nd is a totally redundant amendment to allow the feds to have an army reserve.
Pepe 02.21.06 at 3:36 pm
Peter, thanks, but this is a very old, solid, and tiny house. The walls aren’t an issue, but maneuverability is. As is the liklihood that if I can see a burglar in the house, I’ll be between him and his exit unless I’m still in my bed. And he’ll be about 15’ from me.
And I think folks are taking SU’s bluster way too seriously. I’ve worked closely with a lot of guys who profess the same over the top, aggressive attitude toward any kind of conflict…and they often get their way by putting up this front, but when the time comes for action they act like everyone else.
Tyrone Slothrop 02.21.06 at 4:00 pm
Besides, how many of the people who argue that really believe that South Carolina or Texas can have it’s own militias that are totally independent of the Federal Govt, w/ the President not being commander in chief? For it to mean the National Guard (which didn’t exist then), they’d have to argue that the 2nd is a totally redundant amendment to allow the feds to have an army reserve.
I’ll take a stab at a reading of the Second Amendment that answers this:
The Second Amendment protects an individual’s right to be a part of his local militia by ensuring that he has the right to carry the requisite arms. It’s an individual right, but the scope of that right is defined by the end specified in the amendment’s introductory clause (the language the NRA always omits). Analogously, the First Amendment does not let you say whatever you want whenever you want—e.g., libel, or yelling “fire” etc.
Two hundred years later, the states have decided, for various reasons, to do without their militias, or to convert them into the National Guard. This tends to undercut the original purpose of the Second Amendment, but only because the world has changed since 1789.
SayUncle 02.21.06 at 4:38 pm
You are confusing willingness with eagerness. I have zero desire to shoot anyone and hope to go my whole life without ever having to shoot someone. However, I have made a conscious decision regarding my actions because 2:30 in the morning with someone monkeying around in my home is not the time to be having that philosophical debate with myself. Not everyone who owns a gun has some desire to act out a Rambo/Lethal Weapon fantasy. Try again.
The law disagrees. So do I. When you enter my home, you mean me harm in the eyes of the law. I have a child and my primary objective at that point is to get to her and ensure her safety and I will intentionally have willful disregard for anyone who is in the way. My objective is not to cower in the corner pondering her fate but to do what I can about it. However, if I were single and had no one else to be concerned about in my home, I would likely arm myself in the bedroom and phone the police. Now, however, that is not an option.
abb1 02.21.06 at 5:25 pm
…because 2:30 in the morning with someone monkeying around in my home…
Where do you live, people – in Rio de Janeiro?
peter 02.21.06 at 5:29 pm
Sayuncle,
First of all the law is a funny thing. It is possible to get indicted for shooting someone who enters your home in some states, depending on the circumstances. And civil liability is a whole other issue: there simply are not those kind of guarantees in civil court.
Second, I’ll offer a cautionary tale. I once heard this story through a friend (so I have 2 degrees of separation from the person it happened to), and I’m pretty sure the tale is true. Basically, this guy was living in an apartment and was armed. He heard strange noises emanating from the living room/dining room area and, gun in hand, went to check it out. He observed the silhouette of someone moving through the place, but thought there was something odd about their movements. He decided to play it very cautiously and took a defensive position with easy retreat to another room and clicked on the light. And there before him was a 75 year old woman in her nightgown. Basically, she had lived there two tenants before him, still had her key, now lived two blocks away, had alzheimer’s or some other form of diminished capacity and in her confusion walked back to this familiar place from her own house. Once this guy’s blood pressure dropped back down from 500/300, he called the authorities and helped this very scared and disoriented old person get home. Any prior certitude about your rights (even if the law confirms it) would mean nothing against the knowledge that you had just blasted her.
I’m also surprised that having a child gives you more certitude about how you would act. If anything for me that would tremendously up the number of variables I’d have to think about and really make me even more cautious. Why not redouble security on the child’s room, so that it is essentially impossible to get in?
peter 02.21.06 at 5:37 pm
Really, for the price of a good .45 acp you could buy a ton of non-lethal countervailing measures that would make it very hard for an intruder to slip into your kid’s room but not hinder the approach of people like, say, firemen. And why not follow Tyrone Slothrop’s (#47) advice here: kids love dogs, and dogs will kick ass to defend their kids. Slothrop recommends the Shephard, which is a good choice. I own English bulldogs. They’re great with kids but, if kept in shape, are essentially as capable as a pit bull in defense of their family. Or why not a pit bull? If they’re raised in a loving environment, they are prefectly fine but as strong as hell. And any of the three (or any number of other breeds) are good guards who will get the job done in close quarters as well as any human/weapon combo.
Sailorette 02.21.06 at 6:02 pm
The Navy has all but two of the armed watches on my ship (LHD2) carry 9mm, if you don’t count the guns that are physically part of the ship. That’s 15 or so hand guns when we’re at normal watches, which is when we’re in port, and I’ve been aware of up to 30 when we’re really worried.
(There are probably more, but that’s the sort of thing you try not to know. Op sec.)
I will never buy a 9mm “biter” gun—they are a waste of cash. But at least two military groups do use them, extensively. (Navy and Marines)
The thing with dogs is that you don’t control them. You can train them and hope, but you don’t control them. And if the little old lady mentioned above had been mauled by a dog, it would have likely killed her, while a strong young villain with a knife or gun can kill a dog first.
For the argument above that since the states don’t want militas people don’t get the right anymore—it doesn’t say that the right is limited by what the state wants right now. It just says that the right is there so folks are able to act.
SayUncle 02.21.06 at 6:06 pm
No doubt. However, I don’t just play a gun nut on the Internets, I’m one in real life too. And, as Cheney should have taken into consideration, remember Rule #4: Know your target and what’s behind it. I would not fire willy-nilly at someone. I would, of course, confirm that any person in my home was an uninvited miscreant before shooting.
Regarding other safety measures, I have some. But those measures also have to ensure I can get in quickly and she can get out, in the event of a fire. A determined intruder could circumvent those while I await the police, who could be 15 – 20 minutes away (I’m in the country). An intruder who is preoccupied with trying to keep his insides in won’t have the motivation to circumvent such measures. From my standpoint, a firearm is the best choice as I already have it, know how to use it, am a good shot with one, and it serves recreational purposes. I have it for the same reason I have a fire extinguisher, I hope and pray to never use it but it’s there if I have to.
james 02.21.06 at 6:34 pm
Interesting post.
My concern with protecting the 2nd amendment has always been in protecting all the others. If political interests are allowed to eliminate a protected freedom through language phrasing, what is to prevent other rights from disappearing in the same manner? If the second amendment right becomes a group right defined by the state, what is to stop the freedom of the press from following the same path? After all, one could argue that the press really refers to a group and not an individual. Expand the argument a little and freedom of religion or assembly could follow. It is far more dangerous to define a right out of existence compared with allowing people to own guns.
james 02.21.06 at 6:36 pm
The problem with pit bulls is they are not fully domesticated. Once they decide to attack its all instinct. Other dogs can be convinced or trained to stop.
peter 02.21.06 at 6:37 pm
Sailorette,
Most dogs (including Pit Bulls and other Bull/Pit type dogs) can in fact be controlled (in the sense of making an unauthorized attack by them less likely than being hit by lightning) if raised and continuosly handled in the correct environment and manner for the breed. Malcolm Gladwell had an interesting piece along these lines in the New Yorker a few weeks ago in an article about pit bulls and the trouble with profiling. Study after study of dog attacks has demonstrated a pronounced pattern of serious human mishandling of the dogs that, for instance, maul children. Dogs are like guns in this sense: some technical research is important before owning one. Most people don’t really take the time to think about the way the world looks to a dog before designing their training (thats one reason I love shows like The Dog Whisperer). If you do it is amazing how well you can control the probabilities of various behavioral outcomes.
Sayuncle: I appreciate the problem of delayed police response (I face the same issue), but I still don’t see why that necessarily justifies such an aggressive posture. And a lot can be done to make your home one hell of a difficult target and/or facilitate the “hunker down and wait for the cops strategy”. And as you can tell from my earlier posts, its certainly not like I am the sort who is hostile to guns or gun rights or the ultimate intrinsic right to self-defense. I just don’t see why such an aggressive approach is necessary. Generally speaking you don’t have to hurt someone until your back is really against the wall.
peter 02.21.06 at 6:45 pm
James,
That simply isn’t true about Pits, and its interesting how every era of America brings some notion of an incorrigibly vicious breed (remember the Doberman in the Seventies?) before the dog loses thug cache and reverts to normalcy. The only difference between the Pit and the English Bulldog is ease of breeding, which has sent the price of the latter through the roof and out of the range of most thugs. The English bulldog has the same baseline temperment and intrinsic capabilities. Its just raised differently. Most people treat then like a toy dog and let them get obese. Raise them the way thugs raise pits and you’d have a very different (and frankly pretty scary) dog on your hands. My male English bulldog is, of necessity (he has a congenital weakness to his hind legs that could make weight gain effectively crippling), lean and hard. And people can scarcely believe he is a bulldog, both for his looks and more assertive (though certainly not vicious or dangerous) temperment. I’ve also known people who’ve gotten pits from puppyhood, raised them in a loving manner (and allowed them to get love handles), and I assure you that that has a transformative effect. The neither look as aggressive (its amazing what floppy ears and a bit of softening of the face through weight gain do to transform their appearnace) or act as aggressive (they are more like my chubby, and lazy, female bulldog). I understand your concerns about them, but this is a much maligned breed. I assure you. If you raised a human being the way many of these really vicous pits are raised, you’d have a serial killer on your hands.
SayUncle 02.21.06 at 6:49 pm
Peter, I didn’t interpret it as hostile to guns or gun rights. I took it as hostile to me since you did call me nuts. Of course, since the post is sort of in a vacuum, it’s a conclusion I can see you taking. Hence, my need to explain my reasoning and my particular situation. I assume my readers know that but some person who wonders over from the comments section of a blog would not.
And you can’t be all bad. You like bull dogs. I happen to as well.
peter 02.21.06 at 6:53 pm
Frankly, having dealt heavily with both, I think the only really notable difference between Pits and Bulldogs and other breeds of the same size is strength and some degree of higher tolerance for pain (though this is often exaggerated: drugs and vicious training often greatly enhance this working tolerance for pain). Did you know that many of the vicious pits are fed steroids to enhance their bite power? Unfortunately, this has the same consequences for dogs (eg weak impulse control) as humans. And there other breeds that match their strength and pain tolerance. The chow for example is an extremely capable fighter in terms of its physical capabilities. And it is a very popular family dog.
Finally, by lineage pits actually should be one of the most domesticated breeds: they come from the ancient bulldogge lineage, which ultimately likely emerged from the even older mastiff type line. Its not like they just came from wolves.
I agree that pit attacks are terrible, but put the blame where it is due: human owners who engineered a killer out of a dog.
peter 02.21.06 at 6:57 pm
By the by, Say Uncle’s link shows what I believe is an American Bulldog (am I right?). Mine are somewhat smaller (comparable to most Pits in size) English Bulldogs. But look at that American Bulldog: by the standard of the media image of the Pit, it looks like a man-killer. And yet it likely isn’t. American Bulldogs are rarely responsible for any kind of attack. Why? They are out of the thug price range.
SayUncle 02.21.06 at 7:06 pm
You are correct, he’s an AB (the recreation of the english bulldog before people decided squattier is better). He’s a man-killer. Look at him savaging this poor child.
peter 02.21.06 at 7:14 pm
We are getting off topic here, buts interesting you mention the motivation for the AB. As you know, it is controversial (since no one really knows what the pre-modern bull-baiter English bulldog looked like-all we really have is some Courier and Ives-esque images of them). My guess from what I’ve read is that the modern AB and EB split the difference. I suspect the bullbaiter was more heavily built than AB’s like yours but certainly more long and gracile than those two little cannon balls I own. But I think you would agree that the English Bulldog has all of the same intrinsic capabilities as the Pit. Its all a matter of handling.
And I am sorry I called you nuts.
SayUncle 02.21.06 at 7:30 pm
Yeah, off topic but there are two types of ABs. Performance (like mine is) and the Johnson American Bulldog. The latter resembles more what you describe in that they’re heavily built. You can google up johnson american bulldogs and see pics on why they’re different. You’re right, they tend to be out of thug price range.
Scott 02.21.06 at 7:46 pm
Two hundred years later, the states have decided, for various reasons, to do without their militias, or to convert them into the National Guard. This tends to undercut the original purpose of the Second Amendment, but only because the world has changed since 1789.
Did the states decide that, or did the Feds decide that for them? What if the states decide to convert back to separate militias after President Hillary is elected, or are they not allowed to change their minds once ‘delegating’ power to the Feds?
“The world has changed” is BushCo’s favorite post 9/11 rationale for their violations of Constitutional restrictions on Fed power – if you accept that premise, what argument do you have left against them?
nick s 02.21.06 at 7:48 pm
I would, of course, confirm that any person in my home was an uninvited miscreant before shooting.
Yeah, right. You’ve imagined ‘goblins’ (oh, how I love that term, with all its connotations) in your home, and you’re going to see one before you see what’s really there.
I have it for the same reason I have a fire extinguisher, I hope and pray to never use it but it’s there if I have to.
With all due respect, bullshit: you don’t lick your lips at the prospect of putting out a fire or meticulously describe the way you’d deliver a tight group of CO2 blasts.
peter 02.21.06 at 7:52 pm
By the way, James (#59) and Scott (#69): well put.
SayUncle 02.21.06 at 7:54 pm
And I don’t do that with guns either. Of course, in your little world I must be some salivating, neanderthal, red stated Jesus freak who’s enjoying chimpy mchitlerburton taking us straight to Hell or some such, right? Hey, it’s fun to just make up things about people! I should do that more often.
No respect meant at all, you’re full of it.
Scott 02.21.06 at 8:12 pm
Yeah, right. You’ve imagined ‘goblins’ (oh, how I love that term, with all its connotations) in your home, and you’re going to see one before you see what’s really there.
First of all, I live alone. Anyone in my house at 2am is an uninvited guest who doesn’t deserve the benefit of the doubt concerning his violent intentions..
Any sane person who lives w/ others can be legitimately expected make sure of his target before blasting away at his teenager sneaking in from a date. If you assert someone would gleefully blow away his own kid out of an eagerness to shoot ‘goblins’, you have zero credibility.
Brett Bellmore 02.21.06 at 8:37 pm
In point of fact, the OK bombing came from a couple of people who had tried to join the Michigan Militia, and been shown the door. And this will remain true no matter how many times it is said that they were “linked” to the militia.
“Linked” is such a delightfully vague term, isn’t it? Strong enough to carry the implication of shared guilt, weak enough to defend against a libel suit…
peter 02.21.06 at 8:58 pm
To break the growing tension here, I have a funny story that speaks to the nutty edge of the gun culture (well, every culture has a nutty edge) along the lines the Belle hints at. A little while ago I got a Springfield Tactical Operator .45 (a very fun gun to shoot). Anyway, as usual there was a ton of paperwork to fill out, even in my Red state. For the first time I noticed a clause that both the dealer and I had to initial stating that I was not dressed or behaving in such a manner as to bring into question my moral capacity for gun ownership. I thought this was pretty funny and asked him if wearing white after Labor day would be an example of questionable dress in this context. He laughed but then told me that they have rejected some buyers for this reason. Examples:
-The guy who came in decked out head to toe in military camo, including face paint.
-The cute, courteous (in that old Southern way) and conservatively dressed little old lady who wanted a pistol. But when they asked her why she wanted it: “Basically, I’ve had it with my neighbor. I’ve lived next to that bitch for 40 years and its time to teach her a lesson.”
-The guy who asked how easily the pistol of his choice could be fired from a moving car or a rubber dingy in his swimming pool (????). I truly don’t know which is more unnerving.
-The guy who wanted to know how effective his gun would be for hunting in his closet (???).
Belle Waring 02.21.06 at 9:38 pm
OT again, but my family has had pit bulls for years, some rescued from shitty puppy mills where they are bred for sale to people who will fight them, and when loved and treated right they are great, smart, funny dogs. I can’t have a dog here in Singapore, but my dream dog is a boxer/pit mix.
peter 02.21.06 at 10:20 pm
You can’t have a dog in Singapore???
Tyrone Slothrop 02.21.06 at 10:47 pm
69. Did the states decide that, or did the Feds decide that for them? What if the states decide to convert back to separate militias after President Hillary is elected, or are they not allowed to change their minds once ‘delegating’ power to the Feds?
“The world has changed” is BushCo’s favorite post 9/11 rationale for their violations of Constitutional restrictions on Fed power – if you accept that premise, what argument do you have left against them?
Without having thought about it an awful lot, my understanding is that the states are sovereign enough to retain control over their National Guard units to some extent, and certainly could establish citizen militias that would not be subject to the control of the President (as Commander in Chief).
The world has changed over 200 years in the sense that the states do not seem interested in continuing to maintain citizen militias. No one says they can’t. But if there are no militias, then citizens don’t rely need to be carrying the weapons they would use in one.
Apropos of many of the dog posts, did I miss something, or did a bunch of people start assuming that we were all talking about dogs that have been trained to be aggressive? I’ve done a lot of training with my GSD, but none of it involved aggression.
peter 02.21.06 at 10:58 pm
Apropos of many of the dog posts, did I miss something, or did a bunch of people start assuming that we were all talking about dogs that have been trained to be aggressive? I’ve done a lot of training with my GSD, but none of it involved aggression.
I don’t think the issue is training to be aggressive. Instead it was about whether certain breeds are inherently aggressive.
Clearly if home defense is one consideration, you want to choose a dog with some ability to get it done (in this sense a shephard trumps a chihuahua). It was then suggested that dogs in general, and pits in particular, pose real reliability problems. The rest of the discussion was mostly about that. I train my dogs to behave well, and assume that if we were ever threatened, protective instinct would take over. I certainly don’t train them to be aggressive.
Brett Bellmore 02.21.06 at 11:39 pm
“But if there are no militias, then citizens don’t rely need to be carrying the weapons they would use in one.”
Precisely backwards. The reason that it’s guaranteed that Americans can be armed suitably for militia use, and not merely that states can have miitias, is that militias, being necessary to the security of a free state, are SO important, that the potential to raise one in an emergency has to be safeguarded even against states deciding not to bother with them anymore.
nick s 02.22.06 at 12:14 am
Precisely backwards.
I’d say it’s a subtler construction. If, at some future point, a well-regulated militia is demonstrably no longer necessary to the defence of a free state, then that would be an argument for revisiting and amending (not re-interpreting) the second amendment.
There’s a temporality acknowledged in that ‘being’: the author understood that the right is conditional, rather than absolute, but it also makes the One Big Condition something that hasn’t been refuted in 200+ years, and probably won’t be refuted for a while longer.
Btw, it’s nice of Brave SayUncle to run away to his own blog to call me an idiot. I’ll just say that if you don’t want people to think you’re busting to cap someone, don’t write blog posts sounding like you do. The person who took me shooting the first time, in spite of his tales of adolescent hijinks, didn’t need to pull the machismo.
Alan K. Henderson 02.22.06 at 12:36 am
“Militia” as used at the time of the writing of the Constitution was not a term referring to standing military organizations under some jurisdiction below the national level. It referred to a) the entire body of citizens eligible for military service, and b) units of nonprofessional soldiers. Since “militia” is used in the single tense – “a well-regulated militia” rather than “well-regulated militias” – Definition A applies here.
In that time, “well-regulated” meant “skillful,” not “under the bureaucratic thumb.”
Therefore, “a well-regulated militia” translates into “a draft-eligible body of men competent with firearms” in modern parlance.
(To the best of my knowledge, no one ever cited the 2nd Amendment to deny women firearms ownership or use.)
gswift 02.22.06 at 1:02 am
I suspect it has more do to with the current sidearm on offer for most of our troops: a type-92 9mm Beretta… and many feel that the 9mm lacks stopping power against fanatic opponents (like, oh, say, the Taliban). I bet that if the army went back to the old .45 acp, using one of the updated 1911-style tactical models (from Springfield, Kimber, etc.), you’d see sidearm carrying shoot back up…if a 1911-style .45 acp were available, I would definitely take it.
Specialized units do in fact often still use .45’s, many of them 1911’s.
Army Special Forces uses a non 1911 Heckler and Koch .45 called the Mark 23. 1911’s are being used by Los Angeles S.W.A.T., FBI S.W.A.T, and the Marine unit assigned to Special Operations Command. L.A. and the Marines are using Kimbers, and the FBI is using a Springfield.
Doctor Slack 02.22.06 at 1:11 am
72: And I don’t do that with guns either.
Say Uncle, it has to be said, this:
“If you’re in my home uninvited rummaging through my belongings, I will lawfully assume that you mean me and my loved ones harm. You will be considered a hostile target. The only warning you will receive will be the 230 grain, jacketed hollow point piercing your flesh.”
… really does convey the very impression of gleeful anticipation that you ardently deny having conveyed. Talking about “hostile targests” and the “jacketed hollow point piercing your flesh” really does not make you sound like someone who is hoping and praying never to have to use their firearm.
Now, it’s entirely possible that Nick is making unfair assumptions about you on that score. It’s very easy to misread ommon forms of hyperbole in people’s everyday discourse and come to mistaken conclusions about them as a result. Maybe you’re usage of that hyperbole comes tagged in your mind with all the necessary implied caveats about gun safety and moral rectitude and not actually blowing someone away for the hell of it.
But consider for a moment the post you’re commenting on, in which the author makes a specific effort to get (us) out of a single mindset and set of rhetorical habits about guns. And consider that (assuming you’re an American) you really do live in a country where other people do employ that kind of rhetoric and really are bloodthirsty, trigger-happy whackos. It seems to me that this could give you some cause to think twice about the kind of rhetoric you use—on your blog or anywhere else—and the role it can play in furthering the widespread image of gun enthusiasts as creepy nutjobs. And if you don’t think any change in attitude is warranted, at the absolute minimum you could treat it as an opportunity to actually explain a bit of that misunderstood context to those who aren’t familiar with it, instead of defensively assuming the other person is assuming you’re “some salivating, neanderthal, red stated Jesus freak” in their “little world.”
Doctor Slack 02.22.06 at 1:12 am
Maybe you’re usage
God I must be tired, I actually mixed up “your” and “you’re.” Good night all.
Belle Waring 02.22.06 at 3:50 am
I could have a dog, but I live on the 19th floor, so I think it would be cruel to have a big dog, and I don’t go for small dogs. maybe a jack russel or a corgi, but I have enough work with two kids, honestly.
ajay 02.22.06 at 5:19 am
Just out of curiosity: the amendment in question covers “arms”, rather than just firearms, right? So would one also have a constitutional right to carry a sword? Personally, I’d reckon it would have a lot more deterrent value against muggers than a concealed pistol – much more difficult to injure yourself with one, too, and you could leave it lying around without worrying that the four-year-old would accidentally shoot himself. Plus – looks good.
Alex 02.22.06 at 6:53 am
The problem with letting people have guns for self-defence is that, if my neighbours have the right to shoot first, I’m a potential target. So if you want a weapon for pre-emptive self defence, I claim the right to pack superior firepower and fire first in self-defence if I have the impression you might be about to shoot me.
Now, in an alternate reality, I might stroll past the end of your garden and say hello, fingers tight on the trigger of my Swedish K, whilst you respond, leaning casually over the M60. But I doubt it, frankly. I’ll take neither of us being armed over that scenario.
If I was concerned about the security of my home, I’d get a large dog. Dogs have many good points: dual purpose (they’re pretty good at intrusion detection and alarm), highly visible/audible deterrent, usually non-lethal (which saves legal trouble), and fully automatic. Dogs are also nice, which guns are not.
Kirk Parker 02.22.06 at 7:10 am
Uhh, you left off the all-important phrase, “and FUN!”
#88, fine, but then you’d have to start wearing a cape, too. :-)
ajay 02.22.06 at 7:56 am
Cape – no. Big hat and false nose – yes!
But seriously, are there legal limits on carrying non-firearm weapons? What about crossbows?
The advantage a sword has is that there is a lead time between drawing it and trying to kill the other person – which, as alex points out, makes self-defence a bit easier than with a gun, where it’s a lot easier to drop someone without giving them a chance to shoot back. It’s also a lot trickier to kill someone with a sword unless you mean to – you can ‘stab to wound’ with much more confidence. Also, very unlikely you’ll accidentally stab a passerby.
Obligatory Cryptonomicon quote (sorry for the language):
“Any advice for a young Marine about to ship out?” Lieutenant Reagan asks.
“If you have ten Nips running at you screaming, shoot the one with the sword first,” Shaftoe says.
“Ah, smarrrt,” Reagan says, crinkling his eyes. “You shoot him because he’s the officer, right?”
“No, fuckhead!” Shaftoe yells. “You shoot him because he’s got a sword! You ever have anyone run at you waving a fucking sword?”
J Thomas 02.22.06 at 8:07 am
With all due respect, bullshit: you don’t lick your lips at the prospect of putting out a fire or meticulously describe the way you’d deliver a tight group of CO2 blasts.
What a beautiful thought. I’m tempted to start a blog about that. Photos of fire extinguishers, photos of them being used, with captions. “Nice tight group.” “The Kidde FA110G demands precision. You have to make every shot count, because fires don’t wait.”
Photos of little kids using fire extinguishers on fires, and old ladies doing it.
Fire extinguisher safety rules.
And maybe at the bottom some fire extinguisher safety photos.
Photo of little kid shooting fire extinguisher at burglar. Caption: Never ever aim a fire extinguisher at a person’s face, you might hurt them.
Photo of old lady shooting fire extinguisher at burglar. Caption: Never ever aim a fire extinguisher at a person, unless he is on fire.
Photo of Daddy aiming flamethrower at burglar. Photo of little kid shooting fire extinguisher at burning burglar. Caption: Appropriate use!
I have a bad sinus infection but I’m not on any mind-altering sinus medications. Maybe it’s just the pain.
SayUncle 02.22.06 at 8:22 am
Slack, I doubt i’m the first to use ‘over the top’ rhetoric. Actually, i don’t think that rhetoric is all that over the top. it’s just not wrapped up in a bunch of PC ‘if, then’ statements to make it more palatable to soccer moms.
peter 02.22.06 at 8:27 am
gswift (#84):
I completely agree. The 1911 model either never left or has made a comback in some units. Probably the biggest unit in the military is the Marines you refer to. But the issue is the average soldier (remember, I said “most”), whose only option is still a 92 type 9mm Beretta.
When you say “FBI is using a Springfield” I assume you refer to their tactical units, right? I think regular field agents usually carry a .40 S&W Glock.
peter 02.22.06 at 8:28 am
Belle #87: Understood. I thought for a second Singapore was even stricter than I thought :)
Doctor Slack 02.22.06 at 8:55 am
93: Slack, I doubt i’m the first to use ‘over the top’ rhetoric.
Nor are you the first to resort to whingeing about how the other guy must be an idiot when you get called on it. But put it this way: if it made you look like a nut to Peter, who doesn’t strike me as anyone’s definition of a “soccer mom” (and what is it about “soccer moms” that their opinion would only be worthy of disdain, anyway?), it should be occurring to you that you’re not doing yourself any favours.
peter 02.22.06 at 9:01 am
Doctor Slack:
That’s totally unfair: do you have any idea how many kids soccer games I’ve had to sit through?
Besides, the two most wicked shots I’ve run into at the range are indeed by most definitions soccer moms.
J Thomas 02.22.06 at 9:02 am
Seriously, people tend to want a foolproof method of home protection and there just isn’t one.
If you have a dog then a determined invader will kill the dog. Because of that a loud dog is likely to be better than a quiet dog—he’s more likely to warn you before he gets killed. And a small loud dog is a smaller target. On the other hand, a casual invader is more likely to get scared off. Dogs are good, people who won’t kill a dog to get onto your property will be deterred.
Any kind of gun will help you feel safer from home invaders. On the other hand, it makes you less safe from an irate spouse. Make sure your spouse is sane and doesn’t drink much (or stays sane while drunk). You can lock your guns away to protect them from your spouse, but then they aren’t instantly handy when you need them.
Make sure the police know you’re an upstanding citizen who will never need a SWAT team to invade your home. This applies whether you have a gun or not. But if they do invade your home you’re better off without a gun. Depending on the ratio of SWAT team invasions versus lethal criminal invasions, you might be better off to just surrender and hope it’s the police. Dial 911 instead of trying to defend yourself and possibly the police will come.
Any time you’re away from home, criminals might possibly break into your home and steal your guns. This is an argument for owning only cheap guns. If you get a gun that everybody knows is only good for 6 or 8 shots, burglars might not even bother to take it. And if you need more shots than that, you’re probably going to lose anyway.
The suggestion of keeping a weapon that doesn’t pass walls is very good. It has an advantage that wasn’t mentioned—if a SWAT team does break into your house and you shoot one of them before you find out who they are, it probably won’t hurt them. Of course you might be beyond caring….
Moving on to concealed carry, I found the kind of women I liked didn’t like it. What with one thing and another after a little while I resolved to only carry it when I thought I might need it. And the third time I started to do that, I had a sudden insight. Namely, is this an activity I want to participate in at all? It was a lifestyle choice. I had the luxury of mostly staying out of things that looked likely to be dangerous, and I took it. Some peoplea aren’t so lucky. I felt pretty stupid about those first two times, looking back on it.
abb1 02.22.06 at 9:22 am
What about crossbows?
Indignant, Mr. Graham began following the men closely, flashing his own lights. After about eight miles of mutual antagonism, the men stopped on an access road and got out of their cars.
At some point during the resulting altercation, Mr. Graham, 54, a retired bookkeeper and minister, produced a hunting crossbow from his trunk and released a 29-inch arrow into the chest of Michael Blodgett, one of the other motorists. Mr. Blodgett, 42, later died at an area hospital.
Alex 02.22.06 at 9:57 am
J Thomas said: