With each regulation or law against drugs, gangs trafficking in drugs become just a little wealthier, and acquire a little more business. Full criminalization of recreational drugs is every gang’s dream – most, if not all of them operate, thrive and even flourish on illegal drug money.
With each regulation or law against sex work or prostitution, women who do choose to engage in such work become more susceptible to rape, murder and other violence because they are afraid to report crimes. With complete criminalization of sex work and prostitution, sex traffickers and child smugglers are much harder to find and prosecute because the entire industry has been forced underground and lacks transparency. Yet another consequence is the rampant spread of sexually transmitted diseases, whereas legalized prostitution would encourage regular testing and adherence to safety standards (more here).
Similarly, banning alcohol in the 1920s only led to the rise of organized crime, political corruption and an increase in alcohol-related problems. It was such a colossal failure that the 18th Amendment was repealed. With the failure of each prohibition, the lesson is clear (or at least it should be): bans do not eliminate the substance or behavior, but merely force it underground, remove transparency, increase violence and waste resources squandered in enforcement, while creating tremendous incentives for corruption and abuse of authority.
Guns are no different. The more restrictions, regulations and laws there are hindering gun ownership, the more likely violent people with ill intent will be armed, while good people who fear arrest will not risk doing so. The more gun control the government enacts, the more criminal activity society will face. Although I do not believe liberties should depend upon the interpretation of a document, the United States Constitution and its history are instructive here. The Second Amendment provides, “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.”
This declaration, although short, could be seen as a legal scholar’s nightmare. What does “well-regulated” mean? What constitutes a “militia”? Is the second clause, “the right of people to keep and bear arms, shall not be infringed” an absolute, or does that right depend on the necessity of a well-regulated militia? These considerations are precisely why I dislike the idea of having civil liberties depend on governmental interpretation of a document purporting to restrict the very government doing the interpreting.
Even so, several of the founding fathers saw an armed populace as a deterrent against government tyranny. Noah Webster pointed out that
Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.
George Mason said of England’s efforts to disarm the people “that it was the best and most effectual way to enslave them . . . by totally disusing and neglecting the militia.” Indeed, the Revolutionary War itself is evidence the founding fathers supported people taking up arms against tyrannical government.
As much as I dislike guns, this makes perfect sense. How can a government control or oppress a fully-armed populace? For the people who like to deviate from the text and argue the Constitution should be interpreted based on changes in society and more current considerations, I’d like to know – at what point in American history did the US government transform from the potential source of tyranny the founders feared into a perfect government incapable of abuse and oppression? Are today’s politicians suddenly so much more intelligent and enlightened that we need not have any fear of government control and abuse? If so, when precisely did this miraculous change occur?
While the founding fathers believed an armed populace was essential to liberty, the current sentiment is that people who choose to bear arms are a threat to everyone. The law, and people’s general attitudes, do not reflect the idea that an individual has a right to protect him or herself and preserve freedom; the general attitude is that a person must justify his or her desire to own or carry a firearm.
Arguably, the founding fathers could never have contemplated that despite the Second Amendment, an American could one day be arrested and have his gun taken away merely because he disrespected police. John Solomon, who was legally carrying a concealed weapon, refused to disperse from a bus station when police asked him to. “If he’s that defiant, should this guy have a gun?” said Sgt. Ray Evers, a police spokesman. “The most uncommon human trait is common sense. He’s not using good, adult judgment.” For being defiant, he was arrested and had his gun confiscated (more here).
Indeed, in this scenario the police were the ones who lacked common sense by preventing someone from waiting at a bus stop and arresting a person for acting “defiant.” If common sense is to be the gauge as to whether someone can have a gun, these officers should not be entitled to own one, much less carry one. But, of course, the right of police to carry and use guns is never questioned.
In New York City, restrictions on gun ownership may be increasing. Proposed revisions to the licensing scheme will deny licenses to people who have been arrested or convicted of almost any violation in any state, including the grave offense of demonstrating a “poor driving history”; having been fired for “circumstances that demonstrate lack of good judgment”; having “failed to pay legally required debts”; allegedly lacking “good moral character”; or if there is any “other good cause for the denial of the permit” (more here).
Yet police who shoot people under questionable circumstances not only continue to have guns, they continue to serve as police officers and sometimes even go on to shoot more innocent people. One Officer Bryan Yant shot and killed Trevon Cole for making a “furtive movement” after a drug bust that involved lies by police and mistaken identity. It was Yant’s third shooting.
Officers Lilly and Coutts of Phoenix shot an innocent homeowner. Tony Arambula’s wife reported a burglar invasion and specifically informed police upon their arrival that her husband was inside the house, and had cornered the intruder. Lilly and Coutts not only shot Mr. Arambula 6 times, including in the back, but dragged him outside by his leg and transported him on the hood of their car after discovering their mistake. Aside from the standard 3-day suspension for investigative purposes, neither officers were disciplined (full story here).
Several years ago, Officers Willard and Bergin of Sandy, Oregon came upon a mentally unstable man, who was suffering from burns he received in a car crash. They tasered him multiple times and shot him seven times until he died because he would not lie down on the ground (more here). Both Willard and Bergin continued to work as police officers, although Bergin later resigned for unrelated reasons.
This is likely the exact scenario the founding fathers feared. The government is well-armed, with no questions asked. The government finds all kinds of reasons (bad driving, bad employment record, etc.) to stop ordinary people from owning a gun before they can even use it, but police are allowed to have guns, commit atrocities with their guns, and continue to serve as police officers.
Not only is the government well-armed, it has enacted special laws for itself so that people who choose to fight back against corrupt police officers or other government agents abusing their authority face extremely harsh punishment. Assault, battery or homicide on a police officer or other armed agent of the state carries much heavier penalties in many states, which suggests those in government believe their lives are worth more than those of the people they ostensibly serve. People who defend themselves against unwarranted police violence thus risk being prosecuted not only for assault or homicide, but the much graver offense of committing these acts against an agent of the state. For instance, Cory Maye defended himself and his infant daughter against a wrongful home invasion committed in the middle of the night by an anti-drug SWAT team, whom he reasonably believed to be armed robbers, and was given the death penalty after he fired his gun and fatally struck the deputy who kicked in his bedroom door.
The laws are such that people are disincentivized from defending themselves, and police are encouraged to kill people. History further paints those who defend themselves as “violent,” while police who kill people merely are guilty of “accidents.” Years of public school education have taught us the Black Panthers were a terrible, racist and violent group. Yet a brief read on Wikipedia paints a very different picture. They may be rightfully criticized for being communists, but their organization was founded on the principle of self-defense against racist police. The whole reason the Black Panthers came into existence was to retaliate and engage in self-defense against abusive police. The Panthers openly carried guns to protest and protect themselves from the police who had so often wrongly turned their guns against them. Certainly, there are other dark moments and problems in Black Panther history warranting criticism, but ultimately, history unfairly paints them as violent and militant merely for advocating self-defense.
Malcolm X presents yet another example of historical distortion. After viewing many Malcolm X speeches on YouTube, I have yet to find a single speech in which he actually advocated the initiation of violence. His speech, The Ballot or the Bullet, often criticized for having violent themes, merely said this of bearing arms:
The only thing that I’ve ever said is that in areas where the government has proven itself either unwilling or unable to defend the lives and the property of Negroes, it’s time for Negroes to defend themselves. Article number two of the constitutional amendments provides you and me the right to own a rifle or a shotgun. It is constitutionally legal to own a shotgun or a rifle.
He then goes on to say, “If he’s not going to do his job in running the government and providing you and me with the protection that our taxes are supposed to be for, since he spends all those billions for his defense budget, he certainly can’t begrudge you and me spending $12 or $15 for a single-shot, or double-action.”
I may disagree with Malcolm X’s characterizations of the “White Man” or “the Chinaman” or his proposed solutions to government corruption in this speech, but his underlying message is ultimately the right of self-defense. To characterize self-defense as militancy is absurd; yet this is exactly what the government, historians and many textbooks have done.
The distortion of history further contributes to this phenomenon by juxtaposing the successes of peaceful protesters who effected change in laws with the alleged militancy of people who dared to engage in self-defense. While civil disobedience is commendable, and arguably much more effective than violence, a person has a moral right to shoot back at police who are wrongfully shooting at him or her. When you see the KKK/police (often indistinguishable back in those days) lynching your family member, you certainly can hold a peaceful protest, and hope the local police would arrest their own, the courts would try their own, and that an all-white jury would vote to convict the killer, who finally goes to jail. But in my opinion, you would absolutely be within your moral rights to load your shotgun and just kill the attacker.
Aside from moral considerations, practicality dictates that when one is facing an immediate attack, police often cannot and will not be there in a timely fashion. Experience further indicates that not only may police be too late, they may show up and cause more harm than good, as was the case with Mr. and Mrs. Arambula, and the case in which an Officer Chrisman shot a young man and his dog, for essentially being non-compliant (full story here). The idea that police must be armed but citizens must be restricted rests on the assumption that police are better people, never make mistakes and are never corrupt. This simply is not the case. Police cannot stop a rape or a murder if they are 15 minutes away. Further, there absolutely are situations in which citizens need to, and have a right to defend themselves against police with deadly force.
Over and over, official history and the government depict self-defense against government as unwarranted violence and governmental initiation of violence against people as minor indiscretions. The government uses violence against its populace on a daily basis, but expects those citizens to refrain from self-defense, and instead lobby, organize, take beatings, get arrested, and essentially beg for changes in the system.
If this continues, the people’s right of defense against government tyranny will eventually be completely erased and a police state firmly established.