Tag Archives: Defensive Gun Uses

Mass Shootings and Mass Manipulation

21 Wednesday Aug 2019

Posted by in Gun Control, Second Amendment

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The drumbeat for gun control from Leftist authoritarians never stops, and the recent mass shootings in Dayton OH, El Paso TX, and Gilroy CA, have been greeted with so much political agitation that the victims have become mere footnotes. Attempting to marshal facts in this debate can be quite confusing due to the variety of definitions of “mass shootings”. This variety contributes to certain myths about guns and gun violence that are often repeated by the media to a brow-beaten public. The confusion also motivates anti-gun policy prescriptions that are likely to be ineffective at best, and in all likelihood, counter-productive.

What constitutes a “mass shooting”? The traditional FBI definition counted an incident as a mass killling if four or more people were killed, not including the perpetrator. Broader definitions include cases in which 4 or more people are killed or injured, including the perpetrator. Gun rights opponents seem to prefer expansive definitions, including those that count gang-related killings, domestic shootings, or those occurring in the commission of another criminal act. Criminologist John Lott contends that these kinds of killings are driven by fundamentally different social forces than the mass public shootings that are at the center of this debate. For example, with respect to gang killings, Lott says:

“... the causes and solutions to drug gang violence are dramatically different than for the vast majority of mass public shootings, where attacks are designed to kill or wound as many people as possible. Padding the numbers by lumping the two together doesn’t make much sense.”

The more expansive definitions give rise to the notion that mass shootings have been trending-up dramatically in America. In fact, as Christopher J. Ferguson reports, data from The USA TODAY/AP/Northeastern University mass killings database show that the rate of mass shooting incidents per year has been flat since the early 1990s and are not much higher than the averages of the 1970s.

Another prominent distortion often accepted uncritically is that the U.S. leads the world in mass shootings. The U.S. totals are often inflated, but part of the reason for this misperception is that it’s easy to undercount foreign mass shootings. They do not always receive the same intensity of news coverage as mass shootings in the U.S., and tracking reports published in other languages is inherently more difficult for researchers. Lott says the following:

“Of the 86 countries where we have identified mass public shootings, the US ranks 56th per capita in its rate of attacks and 61st in mass public shooting murder rate. Norway, Finland, Switzerland and Russia all have at least 45 percent higher rates of murder from mass public shootings than the United States.”

The tragic nature of mass shootings should not prevent us from keeping the magnitude of these events in perspective, as Chris Buskirk explains in “Everything They’re Telling You About Mass Shootings Is Wrong“. For example, almost three-quarters of U.S. mass shootings in 2018 (four or more killed or injured) were associated with criminal activity, bar fights, and the like. And of course other social problems dwarf public mass shootings, such as the 70,000 opioid deaths that occurred in 2018, a phenomenon not coincidentally associated with the War on Drugs. And as Buskirk reminds us, the number of fatalities in public mass shootings is infinitesimal relative to the total number of defensive gun uses.

The Left’s reaction to these events is wrongheaded and their policy prescriptions are dangerous. A simple example is the widespread designation of buildings and public spaces as “gun-free zones”. However, it is highly likely that ending these designations would be an effective preventative against mass public shootings. John Lott writes in “How gun-free zones invite mass shootings” that 98% of the mass public shootings since 1950 occurred in areas where guns were prohibited. And we know that mass shootings are indeed prevented by armed citizens. Yet the Left staunchly opposes such a change and promotes the futile and foolish elimination of gun rights in general (also see this).

Leah Libresco, a statistician and former news writer at Nate Silver’s FiveThirtyEight, was highly disillusioned after devoting considerable effort to researching gun deaths. She expected to find that broad gun control measures were the answer. Instead, she says:

“… the case for the policies I’d lobbied for crumbled when I examined the evidence. The best ideas left standing were narrowly tailored interventions to protect subtypes of potential victims, not broad attempts to limit the lethality of guns. 

I researched the strictly tightened gun laws in Britain and Australia and concluded that they didn’t prove much about what America’s policy should be. Neither nation experienced drops in mass shootings or other gun related-crime that could be attributed to their buybacks and bans.”

Then there are the continuing, uninformed calls to ban “assault weapons”. As Libresco explains:

 “… no gunowner walks into the store to buy an ‘assault weapon.’ It’s an invented classification that includes any semi-automatic that has two or more features, such as a bayonet mount, arocket-propelled grenade-launcher mount, a folding stock or a pistol grip. But guns are modular, and any hobbyist can easily add these features at home, just as if they were snapping together Legos.”

Bill Clinton weighed into the debate last week by claiming that his assault weapons “ban”, which began in 1994, was so effective that we should be eager to accede to plans recently put forward by Democrats. Mark Overstreet quickly called him out as a liar, and on no less than six counts. Not only were existing “assault weapons” exempted under Clinton’s “ban”, but Americans actually added to their private stocks of weapons that met the law’s criteria during its enforcement. Existing large ammunition magazines were exempted, as well as imports of such magazines. Thus, Clinton’s so-called ban did not even approach the draconian measures now being proposed, which range from manufacturing and import prohibitions all the way up to confiscation.

Also preposterous are the Left’s routine characterizations of mass shooters as “right-wing extremists”. The truth is hardly clear cut. For example, despite expressing strong anti-immigrant sentiment, the shooters in El Paso and Christchurch, New Zealand were both environmental radicals or “eco-fascists”, in the Christchurch shooter’s words. The Dayton shooter was a self-described socialist and a supporter of Bernie Sanders, as was James T. Hodgkinson, the gunman who attacked a group of Republican legislators at a baseball practice, seriously injuring Congressman Steve Scalese. These madmen clearly weren’t crazed right-wing zealots. If anything, their profiles usually reflect severe psychological as well as ideological confusion.

Even one public mass shooting is too many, but their prevalence in the U.S. has been exaggerated in several ways. The hyperbole is often politically-motivated, intended to create negative public sentiment toward Second Amendment rights. But you can’t stop public mass shootings by foolishly disarming or criminalizing the very law-abiding citizens who are often the only force capable of providing an immediate defensive response.

March of the Benighted Pawns

30 Friday Mar 2018

Posted by in Gun Control, Gun Rights

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I’ll say one thing for the high schoolers participating in the “March For Our Lives“ political front: they are no more ignorant about guns and the Constitution than their anti-gun, adult counterparts. These naive kids are learning the charms of virtue signaling, newly imbued with so much superstition, misconception, misplaced blame, and inflated self-regard that you’d be hard-pressed to engage most of them in reasoned discussion. But I reserve my highest disdain for adults who shake their fingers and say, “How dare you speak critically of these poor kids, who survived the tragedy that took place at their very own school.” Indeed, some of the Parkland students saw the mayhem with their own eyes. but that admonition is a sham show of indignance designed to squelch legitimate debate. The debate would be unnecessary if not for the anti-gun lobby’s opportunistic exploitation of children befallen by tragedy.

First, as I noted recently on SacredCowChips, the supposed escalation in mass shootings at schools is a myth. Northeastern University provides this summary of the research quoted in my post, including the chart on the long-term decline in school shootings shown above. In light of these statistics, the lead researcher, James Alan Fox, believes that most school security measures are counter-productive, including proposals to arm teachers. I do not fully agree, but be that as it may, it is astonishing that the media and large swaths of the public have accepted as fact the myth of a school shooting epidemic.

The ignorance of would-be gun controllers about guns themselves is legendary. Few of them can actually define an “assault weapon” yet are convinced that they must be banned. The cosmetic addition of certain features to a standard semi-automatic rifle apparently makes these guns too “scary”. And there is little understanding that standard rifles sold today, which fire one shot at a time, are semi-automatic weapons! Rifles, by the way, are involved in only a small fraction of gun homicides, so the focus on “assault weapons” is misplaced. Given this level of ignorance, it’s all too easy to dismiss the gun control crowd as unworthy of a real debate over gun regulation.

Of course, the crux of the debate revolves around constitutional rights. While many of those in favor of stricter gun regulation disavow any desire to repeal the Second Amendment or to actually confiscate guns, there is a significant contingent among them harboring that as an end-goal. Their ideal is politically laughable because it would never get a two-thirds vote of each house of Congress, let alone ratification by 3/4 of the states.

The Second Amendment is described by its foes as outdated and dangerous. I submit, however, that the right to defend oneself against predators, human or otherwise, is a natural right and not subject to obsolescence. The Second Amendment was also intended as protection against tyranny by government, and it serves as protection against a tyranny of any majority or rogue minority. Gun-rights critics argue that the founders of our country did not anticipate the powerful weapons available today, and that they would never have intended citizens to be armed with them. The claim is dubious because the founders certainly would have believed that citizens should have the freedom to arm themselves at least in proportion to the arms used by potential predators (please forgive the use of the term “assault weapons” at the link).

Frankly, I do not expect government tanks to roll down my street on a mission to confiscate guns. Instead, the first step would be a strongly-suggested voluntary sacrifice of weapons. Later, perhaps actual confiscations would be attempted via small detachments of authorities or perhaps by marauding, black-shirted proxies. But confiscations won’t happen as long as a serious threat of reprisal exists, with reasonably powerful weapons, and that is a credit to the Second Amendment.

There are serious misconceptions (not to mention plentiful media propaganda) about the likelihood that stricter gun laws can reduce gun homicides, or that they could have prevented the mass shooting tragedies that have occurred. Some of those shootings are better viewed as failures of law enforcement — examples are the lack of official follow-up on prior tips about the shooter in Parkland, FL, the failure of the school’s resource officer to engage the shooter, the failure of the FBI to detain a shooter prior to an attack at the Pulse nightclub in Orlando, and in still other cases, the failure of background checks to identify individuals as ineligible to purchase guns. There is little doubt that proper enforcement of existing law and protocol would have prevented a number of mass shootings. The focus should be on improving the existing system before expecting responsible citizens to happily consent to further erosion of their natural and constitutional rights.

Strict gun regulation would certainly infringe on liberty, leaving private citizens defenseless in exchange for tenuous assertions of social benefits. Defensive gun uses (DGUs) are thought to far outstrip gun homicides (seven posts touching on that subject are at this link). If guns could be effectively outlawed in the U.S., other instruments of homicide would replace guns because so much killing is driven by the drug war, gang activity, and other social dysfunctions. The same is true of suicides. If you recognize the futility of the war on drugs, you shouldn’t expect much success from a war on guns. Criminals will acquire guns whether they are illegal or not, so the ability to defend oneself with equal force is critical. There is a lively debate over the empirical research on the efficacy of stricter gun laws, but it’s always good to be skeptical when it comes to government prohibitions. Control advocates often cite Australia as an example of successful firearms control, but the country’s gun ban and buy-back program was ineffective in reducing gun homicides (also see here).

Finally, it’s appalling to see the depths to which certain radical enemies of gun ownership will sink in attempting to cast blame on their opponents for mass shootings. In fact, they have blamed not just the NRA, but all gun owners for the Parkland shooting and gun homicides generally. But the NRA represents responsible, law-abiding gun owners and promotes safe and responsible gun use. Roughly 47% of adults in the U.S. have guns in their homes, and they own guns for self-defense or sporting purposes. Attempts to shame them into supporting curtailments on their liberties is obnoxious and rather foolish because it is so unlikely to be fruitful approach. Successful codification always hinges on consensus, which just doesn’t exist with respect to gun law in the U.S.

The media have fawned over the students who have participated in the March For Our Lives campaign. The childrens’ ignorance of constitutional principles, and guns of course, is noteworthy, but their exploitation by powerful political and economic forces is pathetic. The significance of their numbers has been exaggerated as well: reports show the crowd size at the march in Washington, DC was about a quarter of what the organizers claimed. And the anti-gun students have failed to convince many of their peers, according to a poll conducted by USA Today/Ipsos. Perhaps as the spotlight fades, more of these student protestors will have occasion to study the U.S. Constitution and the natural rights it protects against government overreach. No matter how the kids feel now, I’m certain that many of them will be responsible gun owners someday.

Bump Stock Prohibition: A Mere Inconvenience?

06 Friday Oct 2017

Posted by in Gun Control

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Today’s news was full of speculation that a consensus is developing to ban the sale of so-called “bump stocks” of the kind used by Stephan Paddock, the perpetrator of last Sunday’s Las Vegas massacre. These are accessories that allow a semi-automatic rifle or pistol to be fired in a way that mimics a fully-automatic weapon, albeit less than perfectly. Today, even the National Rifle Association (NRA) stated its support for a regulatory review of bump stocks by the Bureau of Alcohol, Tobacco and Firearms. The idea was also endorsed, more or less, by conservative writer Jonah Goldberg earlier this week in an article called “Slow Down and Think“, which was otherwise focused on the unfortunate tendency of the Left to politicize the tragedy in Las Vegas. As I’ll explain below, a bump-stock ban would be a largely symbolic concession. It would represent something of an inconvenience to gun enthusiasts; like most gun control proposals, it would have approximately zero impact on the likelihood and severity of gun violence and even mass killings in the future.

One could argue that a prohibition on the sale of bump stocks represents an erosion of Second Amendment rights. Goldberg, however, rests his position on the fact that machine guns have been banned already (not quite true), so why not? Goldberg’s not really a “gun guy”, and neither am I, but here’s how he puts it:

“I am actually open to the idea that we might need tougher or better gun-control regulations. That’s an easy concession for me to make. The hard part is figuring out what those reforms would look like. One place we might start is making it harder to convert semiautomatic weapons into fully automatic ones. If it’s okay to ban machine guns, it doesn’t seem unreasonable to make it harder to turn guns into machine guns.“

It should be noted that the trade of certain (pre-1986) fully-automatic weapons is not outlawed, though it is heavily regulated and very costly.

In addition to bump stocks, Goldberg is favorably disposed to changes in gun laws that would prohibit the sale of kits enabling the actual conversion of semi-automatic to fully-automatic firearms. Currently it is legal to do so. It’s not really that easy for an individual without expertise to make such a conversion, however. A poorly done job is unlikely to be durable, if it works at all. A semi-automatic equipped with a bump stock might not be very durable either, since a semi-automatic itself is not really built to fire continuously or near-continuously.

Another issue addressed at the last link is that fully-automatic weapons, when hand-held, are not terribly accurate when engaged in firing more than a few rounds at a time. Bump firing a semi-automatic, with or without a bump stock, is even less accurate. But this might have suited Stephan Paddock just fine. If he planned to target the jet fuel tanks near the outdoor venue, then the accurate targeting of a small area on a tank with repeat-fire might have helped him achieve an even more horrific objective. But if he simply planned to spray bullets into the large crowd, the degree of accuracy was less important than the number of rounds he could fire.

Nevertheless, banning the sale of bump stocks won’t stop anyone determined to rapid-fire a gun, innocently or otherwise. First, apparently a bump stock can be 3D-printed with relative ease. Beyond that, “bump firing” is a rapid-fire technique that can be performed without a bump stock, though a bump stock makes it easier. Gun enthusiasts and hobbyists sometimes desire the thrill of firing something that feels like a fully-automatic weapon. Try it sometime, they say, under appropriate supervision! Some gun owners might like to have rapid-fire capability as extra protection against violent intruders on their property, human or animal, the advent of tyranny, or a violent breakdown of civil order. That gun-control advocates would scoff at these notions surely belies their shallow knowledge of history, or perhaps it really underscores the legitimacy of concerns that go to the very heart of the Second Amendment.

I cannot endorse the proposal to ban bump stocks. I understand the rationale offered by Goldberg and the NRA’s apparent flexibility on bump-stock regulation, but my view is that steps to outlaw conversions, like gun laws in general, will be ineffective in stopping determined killers. In the end, it amounts to an additional intrusion on private behavior without any real benefit, and the symbolism of such a concession does not help the cause of defending the Second Amendment.

In general, legal guns promote public safety via deterrence and the many reported and unreported defensive gun uses (DGUs) that occur every day (see here and here). In general, I’m aligned with the view expressed this week by Nick Gillespie in “This Is the Time To Defend the Second Amendment and Less-Strict Gun Control“.

Anti-Gun Babes Up In Arms

17 Friday Jun 2016

Posted by in Gun Control, Gun Rights

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Passion for various forms of gun control was inflamed by the tragic murder of 49 patrons (with 53 injured) at the Pulse nightclub in Orlando, Florida in the early hours of last Sunday morning. A man with ties to radical Islam was the perpetrator, but that’s not convenient to the left’s narrative, so scapegoats for the massacre run the gamut from guns to transgender bathroom laws to Christian “intolerance”, as opposed to the intolerance of a bat-shit crazy Islamic extremist. The Soopermexican notes the following:

“It’s really amazing how liberals [sic] are finding a way to blame Christians for the actions of the Orlando terrorist, who was, 1) gay, 2) Muslim, 3) Democrat, and 4) racist. … But then that’s what they did that time when a crazed liberal gay activist tried to shoot up the Family Research Council. Remember that? He literally said he wanted to kill everyone and then ‘smear Chick-Fil-A in the victim’s faces.’“

In case there’s any misunderstanding, I include that quote NOT to denigrate gays, Muslims, or Democrats, but to emphasize the absurdity of blaming Christians for the Orlando shootings. To get a sense of the infectious silliness going around in leftist circles over the slaughter, read this account of a vigil for the Pulse victims held in Columbia, MO by several student organizations near the main campus of the University of Missouri, at which Latino activists scolded the gay activist crowd for being “too white” and for paying insufficient attention to racial issues. Of course, it’s true that many of the Orlando victims were Latino, but after all, the vigil was for them, too, not just the white victims.

The left despises private gun ownership, or perhaps private anything except for their own privileges. Gun-blame feels so compassionate to them, and in this case, it conveniently avoids any mention of the killer’s ethnicity and radical ideology. Agitators say that “assault weapons” must be banned, but they are generally unable to articulate a precise definition. More thorough background checks are another favorite “solution”, but that’s based on an article of faith that such checks would be effective. Without proof that background checks actually work, and there is none, it still seems like a good idea to the “do something” crowd. Then, there are those whose real agenda is to ban guns outright, despite the fact that gun bans are counterproductive and infringe on the rights of law-abiding citizens.

Most of those who wish to ban assault weapons think they are referring to guns that fire repeatedly when the trigger is pulled. In other words, they believe that assault weapons are fully automatic weapons. But fully automatic weapons have been banned in the U.S. since 1934! Semi-automatic weapons require the trigger to be pulled to fire each bullet but load the next bullet automatically. James B. Jacobs of the NYU School of Law gives a fairly detailed description of the distinction between so-called assault weapons and other firearms, which essentially comes down to appearance:

“‘Assault weapons’ are semiautomatic firearms designed to look like military rifles. They are not military rifles—sometimes called assault rifles24—such as the U.S. Army’s M-16 … that can be fired in automatic or semiautomatic mode, or Russia’s AK-47, Germany’s HK G36 assault rifle, and Belgium’s FN Fal assault rifle. In contrast to assault rifles, these semiautomatic look-alikes do not fire automatically. Functionally, they are identical to most other semiautomatics. … Practically all modern rifles, pistols, and shotguns are semiautomatics; non-semiautomatic long guns include bolt action, slide action, and breach loaders; non-semiautomatic pistols are called revolvers.“

Jacobs discusses the futility of a ban on assault weapons and offers accounts of some historical assault weapon bans that were ineffective. Those outcomes were due in part to the flimsy distinction between assault weapons and other guns, as well as the fact that assault weapons are used in a relatively small percentage of gun crimes and in few mass shootings (also see here). This is corroborated by a recent paper appearing in the journal Applied Economics in which the authors report:

“… common state and federal gun laws that outlaw assault weapons are unrelated to the likelihood of an assault weapon being used during a public shooting event. Moreover, results show that the use of assault weapons is not related to more victims or fatalities than other types of guns. However, the use of hand guns, shot guns and high-capacity magazines is directly related to the number of victims and fatalities in a public shooting event. Finally, the gunman’s reported mental illness is often associated with an increase in the number of victims and fatalities.“

Another contention made by ill-informed opponents of gun rights is that mass shootings are never stopped by citizens with guns. That is simply not true, but it is good propaganda because foiled shooting attempts tend to receive much less notice than actual mass shootings. This article by Eugene Volokh provides a list of confirmed incidents in which a mass shooting was averted by a citizen carrying a gun. This situation has its counterpart in the left’s denial that defensive gun uses (DGUs) occur more frequently than gun crimes. DGUs are difficult to count because they often go unreported and may not even require the firing of a shot.

Another mistake is the continued advocacy for “gun-free zones” (such as the Pulse nightclub) within which even guards are not allowed to carry firearms. Andrew Napolitano rightly labels these “killing zones”.

More stringent background checks are another favorite solution of gun-rights opponents. However, actual background checks have done nothing to stop the most vicious mass shootings that have occurred over the past few years. This is another testament to the naiveté of relying on government to protect you, in this case, a government information system. Sheldon Richman has explained the futility of background checks thusly:

“… people with criminal intent will find ways to buy guns that do not require a check. Proponents of background checks seem to think that a government decree will dry up the black market. But why would it? Sales will go on beyond the government’s ability to monitor them. Out of sight, out of government control. … Thus the case against mandating ‘universal’ background checks withstands scrutiny. This measure would not keep criminally minded people from acquiring guns, but it would give a false sense of security to the public by promising something they cannot deliver.“

Advocates of assault weapon bans and wider background checks are inclined to characterize gun rights supporters as paranoid. As Volokh explained last year, however, there is strong reason to believe that the pro-gun lobby has correctly assessed the motives among the opposition as more extreme. Volokh notes that an ineffectual ban, like the 1994-2004 assault weapon ban and many other gun bans internationally, cannot outweigh the interests of society in protecting a basic liberty.

And as to basic liberties, Rolling Stone offers a wonderful illustration of the left’s disregard for individual rights and constitutional protections in an angry missive to gun rights supporters: “4 Pro-Gun Arguments We’re Sick of Hearing“. The author not only holds the Second Amendment in distain: vogue left-think has it that the entire Constitution is tainted because the framers were unable to agree on abolition 230 years ago (at a time when slave ownership was commonplace among the aristocracy). The fact that many of the founders were sympathetic to abolition makes little difference to these critics. They say the Constitution is not a legitimate framework for governance, despite its extremely liberal point of view on issues of individual rights. Apparently,  Rolling Stone would be just fine with abrogating the free speech rights of gun advocates.

Over the past 20 years or so, case law has increasingly viewed the Second Amendment as “ordinary constitutional law“, meaning that it protects individuals’ right to bear arms. The “well-regulated militia” limitation written into the Second Amendment is no longer accepted by the courts and most legal scholars as a limitation on individual rights. The militias it references were state militias raised from the civilian population, and the armaments they used were generally owned by the same civilians. In any case, there is no time limitation imposed on gun ownership by the Second via that clause. An earlier discussion of these issues was provided by Eugene Volokh in “The Commonplace Second Amendment“.

All this is quite apart from the Ninth Amendment, which states that nothing in the Constitution should be interpreted as limiting rights that are unenumerated. That would include self-defense, and ownership of a gun for that purpose is well advised. The Wikipedia entry on the Ninth Amendment says:

“One of the arguments the Federalists gave against the addition of a Bill of Rights, during the debates about ratification of the Constitution, was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication. For example, in Federalist 84, Alexander Hamilton asked, ‘Why declare that things shall not be done which there is no power to do?’“

In other words, we do not derive our rights from government or the majoritarian passions of the moment.

Finally, the debate in Congress this week has centered on whether individuals on the FBI’s Terrorist Watch List should be denied the right to purchase a gun. That might seem like a no-brainier, but it raises legitimate concerns about civil liberties. There are about 700,000 people on that list (some reports put the number much higher), many of them U.S. citizens; some of them are there by mistake. Individuals on the list have not been convicted of a crime and are therefore entitled to due process under the Fifth and Fourteenth Amendments. Watch Rep. Trey Gowdy’s passionate defense of due process to a DHS official this past week. When the ACLU and congressional republicans agree on the tyrannical nature of a restriction like this, you just can’t dismiss it out-of-hand. Such a change in the law cannot be justified without a fast and effective process giving citizens on the list a right of challenge.

The left is bereft of competence on the matter of guns, gun rights and the Constitution generally. They consistently demonstrate a dismissive view of individual liberties, whether that involves guns, religion, property, speech or due process. The tragedy in Orlando deserves more than ill-informed, knee-jerk conclusions. The most productive approach to terror risks involves individuals able to protect themselves and help watch out for others. That’s consistent with the position of the gay gun-rights group Pink Pistols. More power to them!

 

 

 

Gun Bans Are “Stupid, Unconstitutional, and Unpopular”

08 Tuesday Dec 2015

Posted by in Gun Control, Terrorism

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The terrorist attack this week in San Bernadino is not a rational argument for gun control. The anti-gun left has fixated on the tragedy for the wrong reason: to push their agenda to compromise gun rights. This topic was not prominent in the commentary after the recent massacre in Paris. That might be because France has strict gun laws that did not stop the terrorists. Similarly, the guns used in the San Bernardino attack were acquired legally despite the fact that California law requires background checks and bans so-called “assault weapons”.

President Obama’s ridiculous claim that mass shootings are an experience known only in the U.S. is obviously false (and see here). In fact, the barrage of misinformation regarding growth in mass shootings in the U.S. is based on severely distorted definitions.

Furthermore, there is no causal evidence that imposing stronger gun prohibitions reduces homicides and violent crime rates, and much evidence to the contrary. See this interesting 2007 study in the Harvard Journal of Law and Public Policy, “Would Banning Firearms Reduce Murder and Suicide?” And NYU Law Professor James Jacobs’ adds his thoughts on the inefficacy of gun control.

A compelling reason to reject the anti-gun narrative is that gun violence has been declining for years, despite continuing increases in gun ownership. That makes sense given the value of gun ownership as a crime deterrent. Even relatively conservative estimates of defensive gun uses (DGUs) put their number above, even far above, statistics on gun crime, and deterrence is an additional benefit over and above actual DGUs. Gun prohibition is often counterproductive because it forecloses the opportunity for deterrence and DGUs, much as signs announcing “gun-free zones” offer effective advertising for soft targets.

International comparisons of homicide rates and gun death rates which purport to show that the U.S. ranks poorly are distorted along several lines, but one glaring reason is that European governments exclude terrorist killings while the U.S. does not. Furthermore, reports of U.S. murder rates relative to other “developed” or “advanced” countries often involve arbitrary definitions that tend to distort the comparisons.

Australia has been adopted as something of a poster child on social media for the purported success of their gun “ban” (which was not really a ban at all). The results have been greatly exaggerated. In fact, “success” is a poor choice of words. Here are a few notes on Australian homicide rates after the gun “ban”. The video here is also illuminating, and the following link has more information on the “Australian Gun Ban Conceit“.

Finally, as the New York Times and other outlets have inadvertently demonstrated, the anti-gun argument rests on a poor understanding of constitutional principles. The Times states that “No right is unlimited and immune from reasonable regulation.” That is a testament in support of tyranny, and it is false under any conception of natural rights. The statement is either a complete misunderstanding of the intent of the U.S. Constitution or an open call to rip it to shreds. The Constitution is clear in establishing limits on government power and in leaving nearly all individual rights presumed and unenumerated. However, it clearly establishes the right to bear arms because the nation’s founders considered the right of self-defense against aggression so fundamental, including defense against aggression by a tyrannical state.

Note: the title of this post includes a post from Glenn Reynolds.

Gun Laws and Homicides: No Correlation, Let Alone Causality

09 Friday Oct 2015

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President Obama’s blustery, anti-gun outburst in the immediate aftermath of the recent shootings in Oregon included an assertion that states with the toughest gun laws have the lowest homicide rates. Eugene Volokh rebuts that claim in the Washington Post in “Zero correlation between state homicide rate and state gun laws“. Volokh’s effort prompts this quick follow-up to a post from earlier this week here on SCC: “But They Mean Well: Authoritarian, Anti-Gun Champs of Inefficacy“.

Volokh constructs a small data set for the 50 states and D.C with 2013 “Brady Scores” on gun laws, intentional homicide rates and accidental gun deaths. He discusses various measures that might be used to test the “Obama gun-law hypothesis”. Volokh rejects gun homicides because differences across states can be offset by other kinds of homicides. In addition, gun homicides may be reduced by defensive gun uses (DGUs) or the threat of DGUs. Instead, Volokh uses total homicides in one experiment and total homicides plus accidental gun deaths in another. He finds small positive correlations between tougher gun laws and both measures — a near zero association.

Volokh’s study is “quick and dirty”, so to speak, and it runs counter to the findings of some earlier cross-sectional studies. However, there are many factors that may confound any empirical association between gun laws, gun ownership rates, total guns and outcomes. That’s why other researchers insist that the question of gun-law efficacy must be assessed based on changes in outcome measures occurring after a change in gun law. These comparisons consistently show that imposition of tougher gun restrictions is not associated with declines in homicides.

A Farewell To Firearms Control

30 Sunday Aug 2015

Posted by in Gun Control

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Whatever you might think of gun rights, one should expect at least honest treatment of the issue from public officials like the President of the United States, not outright lies about the facts:

“... at some point, we as a country have to reckon with the fact that this type of mass violence does not happen in other advanced countries.“

Oh, yes it does! Mass shootings occur in many countries, though they remain statistically rare here and abroad. (Also see here and here.)

Mr. Obama wants to “... reduce the broader epidemic of gun violence in this country.”

But there is no gun violence epidemic! The rate of gun deaths in the U.S. is about half its rate of 20 years ago.

In the wake of the shooting of two TV journalists in Roanoke, VA this past week, a new spate of anti-gun memes has appeared. Some have used a collection of illustrations in Vox as a source, most of which suffer from conceptual problems discussed in this report by the Crime Prevention Research Center (CPRC): “Comparing Murder Rates and Gun Ownership Across Countries“. These issues are summarized below:

  • Homicides are not measured consistently across countries: For example, England counts only homicides for which there is a conviction, artificially deflating the number of homicides. In the U.S., homicides are counted even if there is no arrest. Counting only arrests would cut the reported U.S. murder rate by more than half. Counting only convictions would cut the rate still more.
  • A related issue is the number of defensive gun uses (DGUs — two posts that deal with DGUs and other topics related to gun violence appear at the link). DGUs are often non-fatal, but they undoubtedly increase the count of homicides in the U.S. That won’t hold in countries where official reporting of homicides differs. Here is John Stossel on the topic of DGUs:

“Often those guns are used to prevent crime. The homeowner pulls out the gun and the attacker flees. No one knows how often this happens because these prevented crimes don’t become news and don’t get reported to the government, but an estimate from the Violence Policy Center suggests crimes may be prevented by guns tens of thousands of times per year.”

  • Cross-country differences in gun homicides may not be reflected in total homicides because a percentage of the gun incidents would occur whether or not the perpetrator had access to a gun. Moreover, a number of countries with high total homicide rates do not report gun homicides.
  • “Mass shootings” can be defined in a variety of ways. Should they include acts of terrorism? Should they include only incidents involving a single shooter? Should they include gang shootouts? Should they include only incidents that occur “in public”? Should they include only incidents involving a death? Some implications of these definitional differences can be found here.
  • Comparing “civilian gun ownership” across countries can distort conclusions. Countries like Switzerland and Israel allow citizens to keep guns issued by the military in their homes, which reduces their official tallies. Both countries, like a number of others, have high rates of gun possession but very low firearm homicide rates.
  • The number of guns per capital is misleading because a relatively small number of individuals or households own multiple guns. Gun ownership rates are probably better for addressing the question of access to guns.
  • Comparing gun ownership across “civilized” countries introduces an arbitrary element, because there is no widely-accepted definition of “civilized”. Developed countries, as defined by the OECD, represents a better standard. Among developed countries, more gun ownership is associated with lower homicide rates.
  • Cross-sectional data may be confounded by endogenous influences. For example,  high crime leads to more homicides and to more DGUs, which inflates homicides based on the U.S. definition. Or, high crime and homicides might lead local governments to impose strict gun control laws. But do those laws lead to even more homicides? Controlling for confounding influences is difficult, but it is possible to address causality based on responses to significant events, such as changes in gun control laws.

Gun control advocates maintain that guns lead to violence, and that limiting access to firearms would reduce the number of violent homicides and deaths. There is much evidence to the contrary. For example, homicide rates have tended to increase after gun bans go into effect. That is true in both the U.S. and internationally. The experiences of Chicago and DC, mentioned at the last link, are instructive. The CPRC recently reported that murder rates have declined even as the number of concealed carry permits has soared over the past 15 years. And it is unlikely that stronger background checks would have made any difference in several high-profile mass shootings, including Sandy Hook and the one last week in Roanoke.

I maintain that gun control measures are more likely to give the appearance of effectiveness in the context of a history and culture of limited gun ownership. However, where gun ownership is historically extensive and deeply embedded in the culture, gun control measures may be counter-productive. Criminals can acquire guns on the black market, but bans prevent law-abiding citizens from using guns to defend themselves and undermine the prevention of gun violence.

Better to reform unproductive laws that criminalize harmless behavior, such as the drug trade and prostitution. Prohibitions create profit opportunities in underground activity and often lead to gangland violence. And it is better to reform laws and social policies that discourage or eliminate opportunities for legal work, such as many welfare programs and the minimum wage.

Fortunately, gun control is going nowhere politically. Gun ownership among the law abiding continues to grow, and most voters support Second Amendment rights, especially when security is tenuous. Smart Democrats know that gun control is a losing proposition for them, even if their left flank remains enamored with the idea. That’s a very good thing.

Causal Confusion In The Gun Debate

18 Wednesday Mar 2015

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As a follow up to my recent post on defensive gun uses (DGUs), I think it’s appropriate to discuss international comparisons sometimes cited in support of the anti-gun rights agenda.This was prompted by correspondence from a fellow blogger, to whom I’ll refer as HH, who followed up with a post featuring some international data. I respect HH’s effort to collect the data and to present it with some eloquence, and with a little less rancor than the original correspondence. Nevertheless, the international comparisons are not as straightforward as HH would like to believe.

Let me state at the outset that I am not a big “gun guy”. I support individual liberty and a minimal state apparatus in general, along with gun rights, but I am not affiliated in any way with the NRA or any other pro-gun organization. As I told my well-armed older brother, he would not be impressed with my weaponry. I still keep a nasty, old fireplace iron under my bed. And I have a few rocks in my backyard.

HH believes that the high U.S. homicide rate relative to the handful of other developed countries he mentions (along with India) proves that “gun control works”. I differ for several reasons discussed below.

Causality and Gun Control: HH’s conclusion brings into focus two different aspects of the gun control question. The first is whether a change to more restrictive gun control leads to a reduction in homicides. That is not as obvious an outcome as HH thinks. For example, a gun ban cannot eliminate all guns, especially within limited jurisdictions. (Perhaps the federalist approach is partly why HH considers our gun laws “a mess”, but federalism is a feature of our system, not a bug, not least if it discourages local politicians from enacting ineffective rules.) Black market traffic in guns is likely to be sufficiently profitable to justify the legal risks in the presence of a ban. And the empirical evidence as to whether more stringent gun control reduces homicides is mixed at best (see here, here, here and here).

The empirical evidence presented by HH is not related to changes in gun laws (except for one or two suspect assertions about mass shootings). Instead, cross-country comparisons of homicide rates are given along with a single correlate: “gun laws”. The one data point driving the presumed direction of causality is the U.S., which has lenient gun laws and a high homicide rate relative to the four other countries (five if we include the U.K., from whence HH hails). The comparisons are made with no controls for the history of gun rights and ownership, demographics, other prohibitions, or any other confounding influences. For HH, it’s all because of guns.

Mass Shootings: HH spends some of the post discussing this phenomenon, which is rare albeit horrifying. Mass shootings account for very few of U.S. homicides, and there has been no discernible upward trend in the U.S. (see here, here and here). Moreover, multiple victim shootings are just as common in Europe as they are in the U.S. They usually prompt calls for bans on arbitrarily-defined “assault weapons”, but the bans do little to prevent such tragedies.

Historical Background: Guns owned by private individuals played an important role in the American revolution. In fact, early British attempts to confiscate weapons led to an increase in the hostilities leading up to the war. The Second Amendment of the U.S. Constitution was intended to protect individual gun rights and to protect the nation from future tyrants.

The homicide rate has declined steadily in the U.S. over the past three hundred years, from estimates of more than 30 per 100,000 people in the early 1700s to less than five today. A similar pattern occurred in other parts of the world, but after 1850, the decline in the U.S. failed to keep pace with declines in Europe.

Private guns were integral to westward expansion in the U.S. Leaving aside the tragic consequences for Native Americans, the scramble for resources and the under-developed legal system in the west undoubtedly contributed to homicides. At the same time, the need of settlers to defend life and property in an insecure environment made gun ownership (and DGUs) a necessity. This history and the generally high value placed by Americans on individual rights set the tone for today’s generally permissive attitude toward gun ownership in the U.S.

Alcohol, Drug Prohibition and Homicide: The temporary lows in the homicide rate prior to the 1910s “may have been illusory“, according to this abstract, because many homicides were reported as accidents in that time frame. More accurate reporting created the impression of a rising homicide rate during the 1910s. Alcohol prohibition began in 1920 and contributed to an increase in U.S. homicides until after repeal. Likewise, later in the twentieth century, the drug war, together with a bulge in the youth population, contributed to an even larger increase in the homicide rate. It is interesting that this increase was accompanied by an apparent decrease in the rate of spousal homicide. (A curious aside: one analyst has noted the strong correlation between homicide rates in the U.S. and fluctuations in the use of lead-based paints and leaded gasoline.)

Illegal drugs are just one area of black market activity in which the U.S. is a world leader. The connection between heavier underworld and gang activity and prevalent restrictions on victimless, individual behavior, on the one hand, and homicide rates on the other, helps explain the elevated U.S. homicide rate. The existence of this link is supported by an extremely strong concentration of homicides within specific social networks.

Demographics: The interaction of legal restrictions on behavior and weak economic circumstances is undoubtedly a factor contributing to high homicide rates. It is striking that U.S. homicides are so heavily concentrated within the African American community. The relative lack of legal economic opportunities within the African American community may be connected to greater illegal trade and homicides. Homicide rates are also somewhat elevated among U.S. Hispanics and Native Americans. Among the White and Asian segments of the U.S. population, homicide rates are comparable to those of Europe (and well under India’s rate).

Suicides: My antipathy for anti-gun arguments is probably softest with respect to gun suicides. Guns are certainly “weapons of convenience”, easily transported, fast and highly effective. Within the U.S., there is some evidence that gun ownership and total suicides are positively correlated, despite a negative correlation with non-gun suicides. However, total suicide rates in the U.S. and U.K. are similar. The rates in France and especially Japan are higher, while the rates in Denmark and India are lower. Moreover, suicide is symptomatic of larger social problems that have little to do with gun rights. Our inability as a society to deal effectively with mental health issues probably has much more to do with suicide and homicide rates than gun ownership.

Summary: There are many reasons to discount international comparisons of homicide rates and regulation of firearms. The comparisons often neglect measurement issues, but more importantly, strong conclusions about the efficacy of gun control from such top-line comparisons are often drawn without carefully addressing the question of causality between changes in gun laws and changes in homicide rates. The comparisons also fail to consider variations in the larger historical and legal context within which gun ownership occurs. For a large society like the U.S., there are vast differences in sub-groups that usually reflect other social problems, some of which are created by intrusive government itself.

I close below with some thoughts on HH’s criticism of my original post on DGUs.

DGU Denialism: HH’s objections to my post on DGUs were based on a belief that I:  1) quoted misleading statistics on gun violence in the U.S.; 2) engaged in scaremongering (apparently by quoting a wide range of estimates of DGUs); and 3) used a headline (“When Government Prohibits Self-Defense”) demonstrating a wildly paranoid view of the intent of the U.S. government.

The statistics on gun violence I cited in that post came from the U.S. Department of Justice and The Law Center To Prevent Gun Violence, which are hardly representative of the gun lobby. By providing information on gun homicides, suicides, accidents and nonfatal wounds presented in emergency rooms, I was seeking to provide a fairly comprehensive list of the “downsides” of guns in the U.S. I thought that was only fair as a way to lend perspective on estimates of DGUs. The statistics on gun violence vary from year-to-year, of course, and even the homicide numbers vary across different “official” sources for a given year (the example given at the link is total homicides). For these reasons, my initial intent was to quote ranges. However, not all of the data were available over multiple years from my original sources. Some of the figures were simply DOJ “estimates”. And apparently, my searches did not turn up the most recent data available (most of the figures I quoted were either 2010 or from 2005 – 2010). Well, mea culpa, mea culpa. My range for gun homicides of 10-12 thousand per annum was off, according to HH: it was actually 9 thousand! So, my range should have been broader in view of the continuing decline in gun homicides in the U.S., but I’m heartened to know that they were lower than I thought.

As for DGU’s, it is undeniable that they are a real phenomenon, though HH seems apoplectic that anyone would dare to discuss them. They obviously happen, though no one claims “there is always a good guy with a gun“. In fact, homicide statistics often exclude deaths from DGU’s and police shootings. (In the U.K., apparently one has to be found guilty of a murder for it to be counted as a homicide.)

Since any proposal to limit firearms would be more successful in disarming the law-abiding population than miscreants, it is reasonable to ask whether DGUs would decline more than non-justifiable homicides. Moreover, the low end of the range of DGU estimates I quoted came from DGU skeptics. In any case, I don’t think the following statements qualify me as a “scaremonger”:

“Estimates range from under 100 thousand per year to more than 2.5 million. There are reasons to doubt both of the extremes. … Given this range of estimates, it would be conservative to hedge toward the lower end. ”

Finally, the headline: Now, I like a punchy headline, and I’ll bet HH does too. I also believe that the ultimate goal of the statist anti-gun lobby is to outlaw private firearms. Again, such a policy would have the largest impact on gun possession among the law-abiding population; the headline was meant to convey the consequences of doing so.

When Government Prohibits Self Defense

13 Friday Mar 2015

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The Obama Administration is dropping a proposed ban on a certain kind of AR-15 ammunition after the ATF was deluged with negative comments. Gun rights supporters asserted that the ban, to be accomplished by administrative fiat, would have constituted a form of “back-door” gun control. There is no doubt that the “right to keep and bear arms” would be compromised by piecemeal bans on various types of ammo. In this case, the rationale for the proposal was that the “green-tip” ammo in question was said to be armor-piercing and therefore a greater threat to law enforcement. A spokesman for the Fraternal Order of Police says that the ammo in question “has historically not posed a law enforcement problem“. Moreover, the Law Enforcement Officers Protection Act of 1986, which banned armor-piercing bullets, specifically exempted the green-tip ammo and other types of rifle ammo because they did not meet “either part of the two-part definition of ‘armor-piercing’“.

Gun control advocates have little sympathy for broad interpretations of second amendment rights granted by the U.S. Constitution. The amendment reads:

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

A statist interpretation of this sentence puts “the people”, and more specifically individuals, in a subservient position to the “militia” and ultimately the government. However, we know that the Constitution was intended as a device to limit the power of the federal government and protect individual rights. This is what Glenn Reynolds means by “ordinary constitutional law“. As he notes, “… individual citizens’ lives and autonomy are themselves, in some important aspects, beyond the power of the state to sacrifice.” The right of self-defense, and to bear arms, was part of English common law and was certainly an important issue in the times of the founders, and it is still important today.

Beyond the legal interpretations, an empirical and philosophical debate rages over whether gun violence, including homocides, accidents and suicides, and gun crimes in general, can be weighed against crimes prevented by so-called defensive gun uses (DGUs). Not that DGUs are the end of the pro-gun rights story: private gun ownership in society carries with it an enormous deterrent value against criminality, but that is obviously difficult to quantify.

As a baseline, the annual number of gun deaths in the U.S. is known with a fairly high degree of accuracy. The number of non-justifiable gun homocides each year is roughly 10- 12 thousand (see p. 27 of this publication from the DOJ). The number of accidental gun deaths is typically less than 1 thousand per year (see here for this and the following statistics). About 18-20 thousand gun suicides occur each year, though some of these would have occurred by other means if a gun had not been available. Together, roughly 29-33 thousand gun deaths occur annually in the U.S. Again, some of these deaths would have occurred with or without guns. In addition, in 2010, there were 73,505 non-fatal gunshot wounds treated in emergency rooms. And crime victimization with firearms should be defined more broadly. While the following would double count the deaths cited above, the DOJ reports an annual average of about 250 thousand victimizations involving strangers with guns, and roughly 170 thousand involving known individuals with guns. Also, the DOJ estimates that each year, there are an average of about 180 thousand unreported incidents of victimization involving guns.

These are daunting numbers, but again, some of these incidents would have occurred in the absence of guns. Note as well that violent crime rates have been in decline over most of the past 25 years, including gun crime.

DGUs are phenomena that occur with greater frequency than gun opponents care to admit. DGUs include the actual discharge of a gun in self-defense or merely brandishing or threatening the use of a gun. Estimates range from under 100 thousand per year to more than 2.5 million. There are reasons to doubt both of the extremes. This article by Brian Doherty in Reason and this paper from The CATO Institute do a good job of explaining some of the controversies surrounding measurement of DGUs. The high-end estimates and some of the low-end estimates come from  survey data, but the reliability of both can be called into question. Police reports and media coverage have been used as well, but these are certain to undercount the actual number of DGU incidents, especially for cases in which no shots are fired.

Given this range of estimates, it would be conservative to hedge toward the lower end. One researcher attempted to reconcile the gap in 1997, but he did so with the use of some very rough discounting and gross-up factors that brought the range of annual DGUs up to 256-373 thousand at the low end, and down to 1.2 million at the high end. And while it would be simplistic to assert that these estimates, in any absolute sense, outweigh those given above for gun violence, the DGU estimates are certainly nontrivial by comparison. Again, there is no way to estimate of the value of the general deterrent against violent crime provided by legal gun ownership, but it must be considered to reinforce the DGU side of the ledger.

Case studies cover a variety of crimes prevented by DGUs. But even if you subscribe to the low-end estimates of DGUs, Brian Doherty points out that the statistics are irrelevant to those who have had to defend themselves with guns:

“Those people who lived out the stories in any case study collection of newspaper or police reports of DGUs would doubtless find it curious to hear they shouldn’t have had the right to defend themselves, because an insufficiently impressive number of other citizens had done the same. But underestimating the significance of what’s at stake in Second Amendment rights—even though it can clearly be life itself, not to mention dignity—is a favorite pastime of gun controllers and their ideological soldiers.”

Finally, to pretend that any form of prohibition can be successful in stamping out objectionable activity is foolhardy. That lesson is offered by the drug war, alcohol prohibition, prostitution laws, and many other misguided attempts to control behavior. The same is even true of laws upon which there is broad consensus. However, there is a difference when government attempts to prohibit victimless behavior. And the difference is more pernicious when government prohibits tools with which citizens can defend themselves against victimhood.

While outright prohibition exceeds the extent of most serious gun control proposals, prohibition is the ultimate goal of anti-gun activists. Laws against gun ownership do not eliminate guns, but they do hinder the possession of guns and self-defense by law-abiding citizens.