The Volokh Conspiracy

Kopel vs. The Economist, Round 2

Today is the second day of my week-long Los Angeles Time on-line debate with Christopher Lockwood, the U.S. editor of The Economist. Today's topic is the politics of the gun control issue. Tomorrow we'll look at international opinion about U.S. gun policy. On Thursday, we each debunk a favorite shibboleth of the other side. Finally, on Friday, we outline our ideal firearms polices.

Comments below are welcome on today's exchange, or yesterday's. Suggestions for my Thursday topic are also welcome, keeping in my that each article can only be about 500 words long.

Guest Poster:
For a favorite Shibboleth(had to look that one up) to debunk, is that sensible people only need(or want) guns for hunting.
4.24.2007 7:07pm
Joel Rosenberg (mail) (www):
I'd be very interested in seeing a give-and-take on the silent revolution that's happened over the past twenty years: "shall issue" carry laws going from being an outlier to being the standard.

Then again, I would . . .
4.24.2007 7:25pm
Just an Observer:
Not to be pedantic, but how does one "debunk a favorite shibboleth" at all?


[DK: Good point. A shibboleth is just an in-group linguistic identifier, so you can't really say that it's "false."]
4.24.2007 7:59pm
Eric Anondson (mail):
How about debunking the flawed conflation of the movement to end Victim Disarmament Zones, better known as 'Gun Free Zones', with wanting to have everyone carry a gun. Ending Gun Free Zones does not equate with having everyone carry guns. I hear it all the time when pointing out the flaws of Gun Free Zones, the oh-so-clever retort almost always is "Oh, so you think we should have everyone carry a gun instead?" *sigh*
4.24.2007 8:03pm
Tom Holsinger (mail):
1) Ask him whether sympathetic magic is an effective means of protecting people from bullets fired by criminals.

2) Ask him if events happen without those being reported on the evening news.

3) Ask him if he is aware of any studies which estimated the number of crimes deterred by (a) the known presence of firearms or (b) the possible presence of firearms.

4) Ask him if the possible presence of firearms in American homes is a deterrent to residential burglaries.
4.24.2007 8:24pm
luagha:
How about 'well-regulated militia' meaning 'the government makes rules about the militia' as opposed to 'a well-trained, disciplined militia'? (The opposite of an 'irregular militia.')
4.24.2007 8:38pm
K Parker (mail):
Woulda-could-shoulda. 500 words is a very short limit, but I'm sad you weren't somehow able to shoehorn in a reply to Christopher Lockwood's homicide-rate canard.
4.24.2007 8:40pm
Enoch:
Examine the success (or lack thereof) of gun control as practiced in Britain, Canada, and Australia. Have the gun grabs made these countries "safer"?
4.24.2007 8:41pm
juris_imprudent (mail):
Hey Dave (hope you're reading),

Would you mind asking Christopher what the hell he means by "regular loader" as in "The type of gun matters. It's simply much easier to kill large numbers of people with a semi-automatic firearm than it is with a regular loader".

Is he simply flaunting his ignorance as a badge of honor? Or is there some aspect of firearms technology to which he is privvy and I am not?

If I had the opportunity I would also ask him if he personally would find it easier to kill with a semi auto versus a "regular loader".
4.24.2007 8:54pm
bigchris1313 (mail):
How about the argument that the 2nd amendment only exists for hunting and protection from foreign powers, as opposed to protection from the government itself?
4.24.2007 9:13pm
Oren (mail):
I vote for "Crime declined in the 90s because of good policing and gun control" now that it has been clearly established that this was merely the delayed effect of Roe v Wade.

In general, I think the shibboleth to debunk might just be that public policy has all that much effect on anything at all. Politicians and activists (of all stripes) are a little too eager to attribute observed changes to their actions rather than random fluctuations or much larger trends.

I remember reading an excerpt from a council meeting about crime in my sleepy pretty-well-off suburb hometown (i.e. not much serious crime happens). The chief of police, a rather old fellow, was giving his biannual report showing a steep decline in a number of catagories. A councilwoman asked the chief what sort of policies and practices had caused this miraculous decline. His reply instantly made me smile (quoting from memory so this isn't verbatim but the gist is there)


Ma'am, if I answer that question I would be taking credit for it going down and that would mean coming back here and taking the blame when it goes back up. We're doing the same policing we did when I got here. Crime goes up and crime goes down and the best you can do on the [police] force is to clean it up when it happens and hopefully send the bad guys to jail.


It suffices to say that the councilwoman was not very pleased with the answer but he was far older than she was and unfirable at this point (being generally well-respected). His successor, however, seems to think that buzzwords (everything is proactive with him!) and seemingly random placements of these little police-tents will reduce crime (given the low baseline, I think he ought to take a statistics class).

Oh well, that's my rambling anecdote and, by far, one of the best smackdowns of a politician that thinks that everything is caused by something someone did. Also (not that I think it's germane) it's a no handgun town following the lead of Chicago.
4.24.2007 10:14pm
Bruce Hayden (mail) (www):
He had a pretty slick argument: violent crime went down in the 1990s thanks to Clinton putting more cops on the street, and it is now going up thanks to relaxed gun laws. I wonder though if it is all wishful thinking, or does he really have some credible studies to back those assertions up.
4.24.2007 10:42pm
Guest Poster:
He had a pretty slick argument: violent crime went down in the 1990s thanks to Clinton putting more cops on the street, and it is now going up thanks to relaxed gun laws. I wonder though if it is all wishful thinking, or does he really have some credible studies to back those assertions up.



Pointing to nationwide trends, and attributing them to a single factor, is analogous to the tiger-repelling doorstop argument(which is far from slick)
4.24.2007 10:50pm
PGofHSM (mail) (www):
"How about the argument that the 2nd amendment only exists for hunting and protection from foreign powers, as opposed to protection from the government itself?"

Who on earth thinks the 2nd Amendment (as opposed to a sensible gun policy, which needn't have anything to do with the Constitution) is for hunting? I have never seen that argument; indeed, I find the NRA's marriage of '2nd Amendment individual rights mania' to 'traditional hunting and fishing' to be one of the more amazing big tent feats in modern politics.


[DK: Rudy Guiliani, for one, who states that he believes that the Second Amendment is an individual right, but seems to think it pertains mainly to hunting.
http://www.reason.com/news/show/119536.html
Cf. Bill Clinton: "You do not need an Uzi to go deer hunting and you do not need an AK-47 to go skeet shooting." Although Clinton apparently was not talking about the Second Amendment, since his DOJ took the position that the Second Amendment protects, at most, on-duty National Guardsmen.]

As probably the only person commenting on this post who isn't in favor of firearms, I give you two beliefs I hold that you probably can demolish fairly quickly:

1) We could retain guns while reducing the number of people hurt and especially killed by gun use if we banned automatics and semi-automatics and made it necessary for a shooter to reload each time.

2) If the "arms" of the 2nd Amendment are to protect us from a government so tyrannical that we have to resort to shooting at it, aren't we going to need something more powerful than mere guns against the most militarily destruction-capable government in human history?

Though with regard to UK weapons and crime policy, I'd really like to know what happened with their knife amnesty.
4.24.2007 11:09pm
JK:

Tom Holsinger:
1) Ask him whether sympathetic magic is an effective means of protecting people from bullets fired by criminals.

2) Ask him if events happen without those being reported on the evening news.

3) Ask him if he is aware of any studies which estimated the number of crimes deterred by (a) the known presence of firearms or (b) the possible presence of firearms.

4) Ask him if the possible presence of firearms in American homes is a deterrent to residential burglaries.


I'm sure the editor of The Economist is going to get all hung up on the standard anti-gun-control rhetoric. I don't see how it would be helpful treat an intelligent person interested in having a meaningful discussion on an important topic like a child.

There are many intelligent and thoughtful people on both sides of this issue, which probably means that there are reasonable arguments on both sides. Why turn an opportunity to learn something into a sophomoric cable-news style food fight?
4.24.2007 11:37pm
Enoch:
If the "arms" of the 2nd Amendment are to protect us from a government so tyrannical that we have to resort to shooting at it, aren't we going to need something more powerful than mere guns against the most militarily destruction-capable government in human history?

Tell that to the insurgents in Iraq.

"Mere guns" work pretty well. They have defeated countless mechanized armies that could "out-destruction" them many times over. Even the highly ruthless mechanized armies have been defeated (e.g., Russians in Chechnya).
4.24.2007 11:56pm
dave h:
What's amazing to me is how often gun control advocates base their entire case on claims which they make no attempt whatsoever to back up. To my knowledge gun control has not remotely been shown to decrease violent crime, and yet this is stated as fact over and over again. If gun control really had this dramatic effect on crime would I have to take the Miami police chief's word for it? That's what I would like to see explained.
4.25.2007 12:09am
Brett Bellmore:
Gun control advocates don't need to prove that gun control is a good idea. They're touting an idea which has a built in appeal to the governing class, totally aside from it's effects on the rest of us; Gun control has essentially no impact on people who have armed guards, and who can write exemptions into the law for their own activities. It's all upside for your average ruling class member if it makes political assasination or resistance to government even a little harder.

What I'm saying is that gun rights are somewhat like term limits: They're an issue with a built in divide between the rulers and the ruled. And the people who want the rulers to do what they're already inclined to do don't have to provide evidence that the policy is objectively good. They have to provide politicians with cover, excuses. Reason to believe they can get away with what they already want to do.

You're arguing policy with a PR agent, is what I'm saying.
4.25.2007 6:54am
J. F. Thomas (mail):
Even the highly ruthless mechanized armies have been defeated (e.g., Russians in Chechnya).

Guess I missed the independence celebrations in Chechnya.
4.25.2007 7:45am
J. F. Thomas (mail):
It's all upside for your average ruling class member if it makes political assasination or resistance to government even a little harder.

So you are saying that the real purpose of the right to bear arms is so you can kill politicians you don't like?
4.25.2007 7:47am
Richard Aubrey (mail):
JF. Yeah. Sort of like 1775. Exactly. From your previous positions, I'm surprised to find you got it exactly right.
4.25.2007 8:07am
Oren (mail):
Once again on VC, we have reached absurdum without the reductio. Bravo!
4.25.2007 8:53am
Brett Bellmore:
Even if you think, contrary to the Declaration of Independence, that armed resistance to government is always wrong, the fact that an armed populace is capable of it is certainly a reason for the ruling class to not want the populace armed.
4.25.2007 9:12am
Happyshooter:
If the "arms" of the 2nd Amendment are to protect us from a government so tyrannical that we have to resort to shooting at it, aren't we going to need something more powerful than mere guns against the most militarily destruction-capable government in human history?

I can take a swing at this one. In the Warsaw Ghetto Uprising (the Jewish 1943 action), the German goal all along was to execute the residents. Even so, with a small number of arms and improvised devices the Jewish irregular forces tied down major German resources, including Waffen SS Panzergrenadier forces. In the end the Germans were forced to destroy the Ghetto and kill over 12,000 to quell the Uprising.

With several thousand more small arms the resource cost for the Germans would have been much higher.
4.25.2007 9:20am
Houston Lawyer:
The US Military has its opponents in Iraq vastly outgunned in all types of fire power and logistics, but our Senate Majority Leader says the war is lost and that we cannot win. Clearly small arms and a determined local population can defeat any army then.
4.25.2007 10:08am
Clayton E. Cramer (mail) (www):


It's all upside for your average ruling class member if it makes political assasination or resistance to government even a little harder.

So you are saying that the real purpose of the right to bear arms is so you can kill politicians you don't like?
There are a lot of politicians that I don't like. But that doesn't justify assassination. There are politicians and movements that are beyond "don't like." Hitler. Stalin. Pol Pot. Mussolini.

I would explain the difference between totaltarians who murder millions, and politicians who want to raise my taxes, but to J.F. Thomas, it would be wasted words.
4.25.2007 1:44pm
Clayton E. Cramer (mail) (www):
J.F. Thomas writes:


Even the highly ruthless mechanized armies have been defeated (e.g., Russians in Chechnya).

Guess I missed the independence celebrations in Chechnya.
You also missed the Russian victory celebration, too.

The Chechnyan rebels are the down side of a population armed for rebellion. As much as the Russians have engage in some pretty barbarous tactics there, they are fighting an al-Qaeda farm club, so you won't see me cheering for the Chechnyan rebels. But it is a reminder that "mere guns" can sometimes raise the costs of suppressing rebellion to a very high level.
4.25.2007 1:47pm
Thief (mail) (www):
If you're still writing today's response, bring up your work on the right to bear arms as an international human right, especially in the context of places like Darfur.


[DK: you will be pleased to see links thereto in today's article.]
4.25.2007 1:49pm
Thief (mail) (www):
As for a favorite shibboleth, explain that there is no such thing as an "assault weapon," that the term itself is a misnomer, and include a basic lecture on the difference between automatic, semi-automatic, and single shot firearms. (Bring up Rep. Carolyn McCarthy's attempt to designate any weapon with a "barrel shroud" as an assault weapon, even though she was shown on Tucker Carlson's show on MSNBC admitting that she had no idea what a barrel shroud even is!)
4.25.2007 1:54pm
Clayton E. Cramer (mail) (www):

Who on earth thinks the 2nd Amendment (as opposed to a sensible gun policy, which needn't have anything to do with the Constitution) is for hunting? I have never seen that argument; indeed, I find the NRA's marriage of '2nd Amendment individual rights mania' to 'traditional hunting and fishing' to be one of the more amazing big tent feats in modern politics.
Simple reason: most arguments for "gun control" that apply to handguns apply to long guns plus hacksaws. The sheriff of Sonoma County, California, used to keep a suitcase in his office for when handgun control advocates would come to his office and ask for his support. The suitcase was filled with sawed-off shotguns and rifles that his deputies seized along the Russian River. Trust me: if a criminal is coming after me, I would much prefer he used a handgun, the cheaper and more "Saturday Night Special" the better, rather than a sawed-off shotgun.

As probably the only person commenting on this post who isn't in favor of firearms, I give you two beliefs I hold that you probably can demolish fairly quickly:

1) We could retain guns while reducing the number of people hurt and especially killed by gun use if we banned automatics and semi-automatics and made it necessary for a shooter to reload each time.
This is a testable hypothesis. The assault weapons control act adopted in 1994 required examination of the data. The conclusions from the Clinton Administration's experts? No statistically significant change in deaths of police officers, or mass murders, or number killed in mass murders. Assault weapons were never commonly used in violent crimes.

2) If the "arms" of the 2nd Amendment are to protect us from a government so tyrannical that we have to resort to shooting at it, aren't we going to need something more powerful than mere guns against the most militarily destruction-capable government in human history?
Not really. The military gets called up to suppress political dissent by the unarmed. Much of the military is probably not pleased about this--but individual soldiers they are given orders. If a soldier follows orders, his conscience bothers him. The cost of refusing that order is court-martial and (assuming a thuggish enough government to justify revolution), execution.

Change the equation by having the dissenters armed. If the soldier follows orders, he stands a good chance of getting shot by the dissenters that he opens fire on AND his conscience bothers him. Refusing orders still has the same cost. An armed populace changes the balance of the equation--and soldiers may elect to do what National Guardsmen did in 1877 in some American cities when given such orders to fire on non-violent labor unionists--they refused, and in some cases, changed sides.
4.25.2007 1:56pm
rmark (mail):
How about noting that the 2nd Amendment to the Constitution is located in the Bill of Rights, in which most of the amendments in which the words "right of the people" occur have been interpeted as the "rights of the people" as individuals. In line with this, a person has the right to rifles, pistols, and shotguns (as would be supplied by an individual for hunting or militia use, while larger crew served weapons - cannons, mortars, fighter planes- are properly reserved for the government.
4.25.2007 2:51pm
Spartacus (www):
We could retain guns while reducing the number of people hurt and especially killed by gun use if we banned automatics and semi-automatics and made it necessary for a shooter to reload each time.

Reload each time? After each shot? Are we talking about single shot-muzzle loaders? Or is the amount of pressure required to pull the trigger after rthe forst shot really all that important? Do we just want to mandate no single-action shooting? All this talk against semi-automatics is pretty silly to anyone who knows a very little about guns-revolvers and bolt or lever action rifles (and shotguns) are about the only non-semi-automatics. Most handguns and many rifles are semis. The demonizing of semiautomatics seems to me to demonstrate nothing so much as ignorance of firearms.
4.25.2007 6:23pm