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Liz Michael for United
States Senate
Nine Myths of Gun Control

*
Myth #1 "Guns are only used for killing"
Compared to about 35,000 gun deaths
every year, 2.5 million good
Americans use guns to protect themselves, their
families, and their
livelihoods - there are 65 lives protected by guns
for every life lost to
a gun - five lives are protected per minute - and,
of those 2.5 million
protective uses of guns, about 1/2 million are
believed to have saved
lives.[2]
*
Myth #2 "Guns are dangerous when used for
protection"
US Bureau of Justice Statistics show that guns
are the safest and most
effective means of defense. Using a gun
for protection results in fewer
injuries to the defender than using any other means of
defense and is
safer than not resisting at all.[3] The
myth that "guns are only used for
killing and the myth that "guns are dangerous when
used for protection
melt when exposed to scientific examination and
data. The myths persist
because they are repeated so frequently and
dogmatically that few think
to question the myths by examining the mountains of
data available. Let
us examine the other common myths.
*
Myth #3 "There is an epidemic of gun violence"
Even their claim of an "epidemic of violence is
false. That claim, like
so many other of their claims, has been so often
dogmatically repeated
that few think to question the claim by checking
the FBI and other data.
Homicide rates have been stable to slightly
declining for decades except
for inner city teens and young adults involved with
illicit drug
trafficking. We have noticed that, if one subtracts
the inner city
contribution to violence, American homicide rates
are lower than in
Britain and the other paragons of gun control.[2]
The actual causes of inner city violence are family
disruption, media
violence, and abject poverty, not gun ownership. In the
inner city,
poverty is so severe that crime has become a
rational career choice for
those with no hope of decent job opportunities.[4]
*
Myth #4 "Guns cause violence"
Homicide
For over twenty years it has been illegal for teens to
buy guns and,
despite such gun control, the African-American
teenage male homicide rate
in Washington, DC is 227 per 100,000 - 20 times the
US average![5] The US
group for whom legal gun ownership has the highest
prevalence,
middle-aged white men, has a homicide rate of less
than 7 per 100,000 -
about half of the US average.[6]
If the "guns-cause-violence theory is correct why
does Virginia, the
alleged "easy purchase source of all those illegal
Washington, DC guns,
have a murder rate of 9.3 per 100,000, one-ninth of DC's
overall homicide
rate of 80.6?[7 ]Why are homicide rates lowest in states
with loose gun
control (North Dakota 1.1, Maine 1.2, South Dakota 1.7,
Idaho 1.8, Iowa
2.0, Montana 2.6) and highest in states and the
district with draconian
gun controls and bans (District of Columbia 80.6,
New York 14.2,
California 12.7, Illinois 11.3, Maryland 11.7)?[7]
The
"guns-cause-violence and "guns exacerbate
violence theories founder.
Again, the causes of inner city violence are family
disruption, media
violence, and abject poverty, not gun ownership.
Accidents
National Safety Council data show that accidental gun
deaths have been
falling steadily since the beginning of this century and
now hover at an
all time low. This means that about 200 tragic
accidental gun deaths
occur annually, a far cry from the familiar false
imagery of "thousands
of innocent children.[8]
Suicide
Gun bans result in lower gun suicide rates, but a
compensatory increase
in suicide from other accessible and lethal means
of suicide (hanging,
leaping, auto exhaust, etc.). The net result of gun
bans? No reduction in
total suicide rates.[3] People who are intent in
killing themselves find
the means to do so. Are other means of suicide so
much more politically
correct that we should focus on measures that
decrease gun suicide, but
do nothing to reduce total suicide deaths?
*
Myth #5 The "Friends and Family fallacy"
It is common for the public health advocates of gun bans
to claim that
most murders are of "friends and family". The
medical literature includes
many such false claims, that "most [murderers] would
be considered law
abiding citizens prior to their pulling the
trigger"[9 ]and "most
shootings are not committed by felons or mentally
ill people, but are
acts of passion that are committed using a handgun
that is owned for
protection."[10]
Not only do the data show that acquaintance and domestic
homicide are a
minority of homicides,[11] but the FBI's definition of
acquaintance and
domestic homicide requires only that the murderer knew or
was related to
the decedent. That dueling drug dealers are
acquainted does not make
them "friends". Over
three-quarters of murderers have long histories of
violence against not only their enemies and other
"acquaintances," but
also against their relatives.[12,13,14,15]
Oddly, medical authors have no
difficulty recognizing the violent histories of
murderers when the topic
is not gun control - "A history of
violence is the best predictor of
violence."[16] The perpetrators of
acquaintance and domestic homicide are
overwhelmingly vicious aberrants with long
histories of violence
inflicted upon those close to them. This reality
belies the imagery of
"friends and family" murdering each other
in fits of passion simply
because a gun was present "in the home."
*
Myth #6 "A homeowner is 43 times as likely to be
killed or kill a family member as an intruder"
To suggest that science has proven that defending oneself
or one's family
with a gun is dangerous, gun prohibitionists repeat Dr.
Kellermann's
long-discredited claim: "a gun owner is 43 times
more likely to kill a
family member than an intruder."[17] This fallacy ,
fabricated using tax
dollars, is one of the most misused slogans of the
anti-self-defense
lobby.
The honest measure of the protective benefits of guns are
the lives
saved, the injuries prevented, the medical costs
saved, and the property
protected not Kellermann's burglar or rapist body
count. Only 0.1% (1 in
a thousand) of the defensive uses of guns results
in the death of the
predator.[3] Any study, such as Kellermann'
"43 times" fallacy, that only
counts bodies will expectedly underestimate the
benefits of gun a
thousand-fold. Think for a minute. Would anyone
suggest that the only
measure of the benefit of law enforcement is the
number of people killed
by police? Of course not. The honest measure of the
benefits of guns are
the lives saved, the injuries prevented, the
medical costs saved by
deaths and injuries averted, and the property
protected. 65 lives
protected by guns for every life lost to a gun.[2]
Kellermann recently downgraded his estimate to "2.7
times,"[18] but he
persisted in discredited methodology. He used a method
that cannot
distinguish between "cause" and
"effect." His method would be like
finding more diet drinks in the refrigerators of
fat people and then
concluding that diet drinks "cause"
obesity.
Also, he studied groups with high rates of violent
criminality,
alcoholism, drug addiction, abject poverty, and
domestic abuse . From
such a poor and violent study group he attempted to
generalize his
findings to normal homes. Interestingly, when Dr.
Kellermann was
interviewed he stated that, if his wife were
attacked, he would want her
to have a gun for protection.[19] Apparently, Dr.
Kellermann doesn't even
believe his own studies.
*
Myth #7 "The costs of gun violence are high"
The actual economic cost of medical care for gun violence
is
approximately $1.5-billion per year[20]- less than
0.2% of America's
$800-billion annual health care costs. To
exaggerate the costs of gun
violence, the advocates of gun prohibition
routinely include estimates of
"lost lifetime earnings" or "years
of productive life lost" - assuming
that gangsters, drug dealers, and rapists would be
as socially productive
as teachers, factory workers, and other good
Americans - to generate
inflated claims of $20-billion or more in
"costs."[20] One recent study
went so far as to claim the "costs" of
work lost because workers might
gossip about gun violence.[21]
What fraction of homicide victims are actually
"innocent children" who
strayed into gunfire? Far from being pillars of society,
it has been
noted that more than two-thirds of gun
homicide "victims" are drug
traffickers or their customers.[22,23] In
one study, 67% of 1990 homicide
"victims" had a criminal record,
averaging 4 arrests for 11 offenses.[23]
These active criminals cost society not only untold
human suffering, but
also an average economic toll of $400,000 per
criminal per year before
apprehension and $25,000 per criminal per year
while in prison.[24]
Because the anti-self-defense lobby repeatedly
forces us to examine the
issue of "costs," we are forced to notice
that, in cutting their violent
"careers" short, the gun deaths
of those predators and criminals may
actually represent an economic savings to society
on the order of $4.5
billion annually - three times the declared
"costs" of guns. Those annual
cost savings are only a small fraction of the total
economic savings from
guns, because the $4.5 billion does not include the
additional savings
from innocent lives saved, injuries prevented,
medical costs averted,
and property protected by guns.
Whether by human or economic measure, we conclude
that guns offer a
substantial net benefit to our society. Other
benefits, such as the
feeling of security and self-determination that
accompany protective gun
ownership, are less easily quantified. There is no
competent research
that suggests making good citizens' access to guns
more difficult
(whether by bureaucratic "red tape,"
taxation, or outright bans) will
reduce violence. It is only good citizens who
comply with gun laws, so it
is only good citizens who are disarmed by gun laws.
As evidenced by
jurisdictions with the most draconian gun laws
(e.g. New York City,
Washington, DC, etc.), disarming these good
citizens before violence is
reduced causes more harm than good. Disarming these
good citizens costs
more - not fewer - lives.
*
Myth #8 "Gun control will keep guns off the street'
"
Vicious predators who ignore laws against murder, mayhem,
and drug
trafficking routinely ignore those existent American gun
laws. No amount
of well-meaning, wishful thinking will cause these
criminals to honor
additional gun laws.
Advocates of gun control rarely discuss the
enforceability of their
proposals, an understandable lapse, since even
police-state tactics
cannot effectively enforce gun bans. As evidence, in
Communist China, a
country whose human rights record we dare not
emulate, 120,000 banned
civilian guns were confiscated in one month in
1994.[25]
Existent gun laws impact only those willing to
comply with such laws,
good people who already honor the laws of common
decency. Placing
further impediments in the path of good citizens
will further
disproportionately disarm those good people -
especially disarming good,
poor people, the people who live in the areas of
highest risk.
If "better" data are forthcoming, we are ready
to reassess the public
policy implications. Until such time, the data
suggest that victim
disarmament is not a policy that saves lives.
What does save lives is allowing adult,
mentally-competent, law-abiding
citizen access to the safest and most effective means of
protection -
guns.[26,27]
Brady
I and Brady II
The extremists at Handgun Control Inc. boast that
"23,000 potential
felons"[28] [emphasis added] were prevented from
retail gun purchases in
the first month of the Brady Law. Several
jurisdictions have reviewed
the preliminary Brady Law data which resulted in
the initial Bureau of
Alcohol, Tobacco and Firearms (BATF) overestimated
appraisal[29] of the
"success" of the Brady Law.
The Virginia State Police, Phoenix Police Department, and
other
jurisdictions have shown that almost every one of those
"potential"
felons were not felons or otherwise disqualified
from gun ownership. Many
were innocents whose names were similar to felons.
Misdemeanor traffic
convictions, citations for fishing without a license, and
failure to
license dogs were the types of trivial crimes that
resulted in a computer
tag that labeled the others as
"potential" felons.[30] In transparent
"governmentese," BATF Spokesperson Susan
McCarron avers, "we feel [the
Brady Law has] been a success, even though we don't
have a whole lot of
numbers. Anecdotally, we can find some
effect."[31]
Even if the preliminary data had been accurate, that data
only showed
about 6.3% of retail sales were
"possible" felons - consistent with
repeated studies showing how few crime guns are
obtained in retail
transactions. A minuscule number of actual felons
has been identified by
Brady Law background checks, but the US Department
of Justice is unable
to identify even one prosecution of those
felons.[32 ] In such
circumstance, the minimal expected benefit of the
Brady Law diminishes to
no benefit at all. The National Institute of
Justice has shown that very
few crime guns are purchased from gun dealers. 93%
of crime guns are
obtained as black market, stolen guns, or from
similar non-retail
sources.[28] Since none of Handgun Control Inc.'s
Brady I or Brady II
suggestions impact on the source of 93% of crime
guns, their symbolic
nostrums cannot be expected to do anything to
reduce crime or violence.
Residential
gun dealers
The press and broadcast media have vilified low-volume
gun dealers,
pejoratively named "kitchen table" dealers, yet
the claim that such
dealers are the source of a "proliferation of
guns on our streets" is
contradicted by data from the Bureau of Alcohol,
Tobacco and Firearms
(BATF). Those data show that 43% of gun dealers had
no inventory and sold
no guns at all.[33 ]In fact, Congressional
testimony before enactment of
the Firearms Owner Protection Act of 1986 (FOPA)
documented that the
large number of low-volume gun dealers is a direct
result of BATF policy.
Prior to FOPA the BATF prosecuted gun collectors
who sold as few as three
guns per year at gun shows, claiming that they were
unlicensed, and
therefore illegal, gun dealers. To avoid such
harassment and prosecution,
thousands of American gun collectors became, at
least on paper, licensed
gun dealers. Now the BATF and the anti-self-defense
lobby claim BATF does
not have the resources to audit the paperwork
monster it created.
Reducing the number of gun dealers will only ensure
that guns are more
expensive - unaffordable to the poor who are at
greatest risk from
violence, ensuring that gun ownership becomes a
privilege of only the
politically connected and the affluent.
Instead of heaping more onerous restrictions upon good
citizens or
law-abiding gun dealers who are not the source of crime
guns, is it not
more reasonable - though admittedly more difficult
- to target the real
source of crime guns? It is time to admit the
futility of attacking the
supply of legal guns to interdict the less than 1%
of the American gun
stock that is used criminally. Instead, we believe
effort should focus on
targeting the actual "black market" in
stolen guns. It is equally
important to reduce the demand for illicit guns and
drugs, most
particularly by presenting attractive life
opportunities and career
alternatives to the inner-city youth that are
overwhelmingly and
disproportionately the perpetrators and victims of
violence in our
society.
*
Myth #9 "Citizens are too incompetent to use guns
for protection"
Nationally good citizens use guns about seven to
ten times as frequently
as the police to repel crime and apprehend
criminals and they do it
with a better safety record than the police.[3]
About 11% of police
shootings kill an innocent person - about 2% of
shootings by citizens kill an
innocent person. The odds of a defensive gun user
killing an innocent
person are loss than 1 in 26,000.[27] Citizens
intervening in crime are
less likely to be wounded than the police.
We can explain why the civilian record is better than the
police, but the
simple truth remains - citizens have an excellent record
of protecting
themselves and their communities and NOT ONE of the fear
mongering
fantasies of the gun control lobby has come true.
"Treat
cars like guns"
Advocates of increased gun restrictions have promoted the
automobile
model of gun ownership, however, the analogy is
selectively and
incompletely applied. It is routinely overlooked
that no license or
registration is needed to "own and
operate" any kind of automobile on
private property. No proof of "need" is
required for automobile
registration or drivers' licensure. Once licensed
and registered,
automobiles may be driven on any public road and every
state's licenses
are given "full faith and credit" by
other states. There are no waiting
periods, background checks, or age restrictions for
the purchase of
automobiles. It is only their use - and misuse -
that is regulated.
Although the toll of motor vehicle tragedies is many
times that of guns,
no "arsenal permit" equivalent is asked
of automobile collectors or
motorcycle racing enthusiasts. Neither has anyone
suggested that
automobile manufacturers be sued when automobiles
are frequently misused
by criminals in bank robberies, drive-by shootings,
and all manner of
crime and terrorism. No one has suggested banning
motor vehicles because
they "might" be used illegally or are
capable of exceeding the 55 mph
speed limit, even though we know "speed
kills." Who needs a car capable
of three times the national speed limit? "But
cars have good uses" is the
usual response. So too do guns have good uses, the
protection of as many
as 2.5-million good Americans every year.
Progressive
reform
Complete, consistent, and constitutional application of
the automobile
model of gun ownership could provide a rational
solution to the debate
and enhance public safety. Reasonable compromise on
licensing and
training is possible. Where state laws have been
reformed to license and
train good citizens to carry concealed handguns for
protection, violence
and homicide have fallen.[11,26,27] Even unarmed
citizens who abhor guns
benefit from such policies because predators cannot
determine in advance
who is carrying a concealed weapon.
Fear
mongering and the gun control lobby
In opposing progressive reforms that restore our rights
to
self-protection, the anti-self-defense lobby has
claimed that reform
would cause blood to run in the streets, that
inconsequential family
arguments would turn into murderous incidents, that
the economic base of
communities would collapse, and that many innocent
people would be
killed[26,27] In Florida, the anti-self-defense
lobby claimed that blood
would run in the streets of "Dodge City
East," the "Gunshine State" ---
but we do not have to rely on irrational
propaganda, imaginative imagery,
or political histrionics. We can examine the data.
Data,
not histrionics
One-third of Americans live in the 22 progressive states
that have
reformed laws to allow good citizens to readily
protect themselves
outside their homes.[26,27] In those states crime
rates are lower for
every category of crime indexed by the FBI Uniform
Crime Reports.[11]
Homicide, assault, and overall violent crime are
each 40% lower, armed
robbery is 50% lower, rape is 30% lower, and
property crimes are 10%
lower.[11] The reasonable reform of concealed
weapon laws resulted in
none of the mayhem prophesied by the
anti-self-defense lobby. In fact,
the data suggest that, providing they are in the
hands of good citizens,
more guns "on the street" offer a
considerable benefit to society -
saving lives, a deterrent to crime, and an adjunct
to the concept of
community policing.
As of 12/31/94, Florida had issued 188,106 licenses and
not one innocent
person had been killed or injured by a licensed gun owner
in the 6 years
post-reform. Of the 188,106 licenses, 17 (0.0001%) were
revoked for
misuse of the firearm. Not one of those revocations
were associated with
any injury whatsoever.[27] In opposing reform, fear
is often expressed
that "everyone would be packing guns,"
but, after reform, most states
have licensed fewer than 2% (and in no state more
than 4%) of qualified
citizens.[27]
Notwithstanding gun control extremists' unprophetic
histrionics , the
observed reality was that crime fell, in part, because
vicious predators
fear an unpredictable encounter with an armed citizen
even more than they
fear apprehension by police[34] or fear our timid and
porous criminal
justice system. It is no mystery why Florida's tourists
are targeted by
predators - predators are guaranteed that, unlike
Florida's citizens,
tourists are unarmed.
Those who advocate restricting gun rights often justify
their proposals
"if it saves only one lifeI." There have
been matched state pair
analyses, crime trend studies, and California
county-by-county
research[27] demonstrating that licensing
law-abiding, mentally-competent
adults to carry concealed weapons for protection
outside their homes
saves many lives, so gun prohibitionists should
support such reforms, if
saving lives is truly their motivation.
The
right
Importantly, the proponents of the automobile model of
gun ownership fail
to note that controls appropriate to a privilege
(driving) are
inappropriate to a constitutional right (gun
ownership and use). Let
there be no doubt. The Supreme Court has repeatedly
acknowledged an
individual right to keep and bear arms.[35] It
is specifically the
"weapons of war" - militia weapons - that
are protected. The intent of
the Second Amendment was to ensure that, by
guaranteeing the individual
right to arms, a citizen militia could always
oppose a tyrannical federal
government. That the Supreme Court has acknowledged
the right, but done
little to protect that right, is reminiscent of the
sluggishness of the
Supreme Court in protecting other civil rights
before those rights became
politically fashionable. Need we be reminded that
it has taken over a
century for the Supreme Court to meaningfully
protect civil rights
guaranteed to African-Americans in the Fourteenth
Amendment?
Besides Second Amendment guarantees of the pre-existent
right to keep and
bear arms, there are Ninth,[36] Tenth,[35] and Fourteenth
Amendment,[37]
as well as "natural right"[38] guarantees
to self-protection.
Since 1980, of thirty-nine law review articles addressing
the Supreme
Court case law and history of the right to keep and
bear arms,
thirty-five support the individual right view and
only four support the
"collective right only" view[39] (and
three of these four are authored or
co-authored by employees of the antiselfdefense
lobby). One would never
guess such a legal and scholarly mismatch from the
casual
misinterpretations of the right in the medical
literature and popular
press. The error of the gun prohibitionist view is
also evident from the
fact that their "collective right only"
theory is exclusively an
invention of the twentieth century "gun
control" debate - a concept of
which neither the Founding Fathers nor any pre-1900 case
or commentary
seems to have had any inkling.
California
and Concealed Weapons
California has been studied and we discover that the
counties that have
the lowest rates of concealed weapon licensees have
the highest rates of
murder and the counties with the highest rates of
concealed license
issuance have the lowest rates of murder.[27]
It has also been noted that current California law gives
considerable
discretion to police chiefs and county sheriffs regarding
the issuance of
Concealed Weapon Licenses. Particularly in urban
jurisdictions, abuse of
that discretion is common. The result? In many
jurisdictions only the
affluent and politically connected are issued such
licenses. In
California few women and virtually no minorities
are so licensed, even
though poor minorities are the Californians at
greatest risk from
violence.
Conclusion
The police do not have a crystal ball. Murderers,
rapists, and robbers do
not schedule their crimes or notify the police in
advance, so the police
cannot be where they are needed in time to prevent death
and injury. They
can only arrive later to count the bodies and, hopefully,
apprehend the
predators.
There have been state-by-state analyses, county-by-county
research, and
crime trend studies. All the research shows that allowing
good citizens
to protect themselves outside their homes is a
policy that saves lives.
The anti-self defense lobby advances many proposals
in hopes that it will
"save only one life." Reform of concealed
carry laws is a policy that
saves many lives, so it is a policy that should be
supported by the gun
control lobby, if saving lives is really their
interest.
Will Stockton base its policy on experience and sound
data? or will
Stockton fall prey to misinformation, fear,
prejudice, and imaginative
false imagery?[40]
We beg you. Let Stockton's good citizens protect
themselves, their loved
ones, and their livelihoods. The ordinance before you
costs no money and
it will save many lives.
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Liz Michael for United
States Senate
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[2] Suter E. "Guns in the Medical Literature - A
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[4] Suter EA, Waters WC, Murray GB, et al. "Violence
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[5] Fingerhut LA, Ingram DD, Feldman JJ. "Firearm
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[7] FBI. Uniform Crime Reports Crime in the United States
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[8] National Safety Council. Accident Facts 1992.
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[9] Webster D, Chaulk, Teret S, and Wintemute G.
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[10] Christoffel KK. "Towards Reducing Pediatric
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[11] Federal Bureau of Investigation, US Department of
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[12] Dawson JB aand Langan PA, US Bureau of Justice
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[13] US Bureau of Justice Statistics. "Murder in
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[14] Narloch R. Criminal Homicide in California.
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[15] Mulvihill D et al. Crimes of Violence: Report of the
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[16] Wheeler ED and Baron SA. Violence in Our Schools,
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[17] Kellermann AL. and Reay DT. "Protection or
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[18] Kellermann AL, Rivara FP, Rushforth NB et al.
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[19] Japenga A. "Gun Crazy.¾ San Francisco
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[20] Max W and Rice DP. "Shooting in the Dark:
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[21] Nieto M, Dunstan R, and Koehler GA.
"Firearm-Related Violence in
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CA: California
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[22] McGonigal MD, Cole J, Schwab W, Kauder DR, Rotondo
MF, and Angood
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Perspective.¾ J Trauma. 1993;
35(4): 532-36.
[23] Hutson HR, Anglin D, and Pratss MJ.
"Adolescents and Children
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[35] Suter EA, Morgan RE, Cottrol RJ, et al. "The
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[36] Johnson NJ. "Beyond the Second Amendment: An
Individual Right to
Arms Viewed through the Ninth Amendment. Rutgers
Law Journal. Fall 1992;
24 (1): 1-81.
[37] Amar AR. "The Bill of Rights and the Fourteenth
Amendment. Yale Law
Journal. 1992; 101: 1193-1284.; Winter 1992; 9: 87-104.;
[38] Kates D. "The Second Amendment and the Ideology
of Self-Protection.
Constitutional Commentary. Winter 1992; 9: 87-104.
[39] Articles supportive of the individual rights view
include: Van
Alstyne W. "The Second Amendment and the
Personal Right to Arms. Duke
Law Journal. 1994; 43: 6.; Amar AR. "The Bill
of Rights and the
Fourteenth Amendment. Yale Law Journal. 1992; 101:
1193-1284.; Winter
1992; 9: 87-104.; Scarry E. "War and the
Social Contract: The Right to
Bear Arms. Univ. Penn. Law Rev. 1991; 139(5):
1257-1316.; Williams DL.
"Civic Republicanism and the Citizen Militia:
The Terrifying Second
Amendment Yale Law Journal. 1991; 101:551-616.;
Cottrol RJ and Diamond
RT. "The Second Amendment: Toward an
Afro-Americanist Reconsideration.
The Georgetown Law Journal. December 1991: 80;
309-61.; Amar AR. "The
Bill of Rights as a Constitution Yale Law Journal.
1991; 100 (5):
1131-1210.; Levinson S. "The Embarrassing
Second Amendment Yale Law
Journal. 1989; 99:637-659.; Kates D. "The
Second Amendment: A Dialogue.
Law and Contemporary Problems. 1986; 49:143.;
Malcolm JL. Essay Review.
George Washington U. Law Review. 1986; 54:
452-464.; Fussner FS. Essay
Review. Constitutional Commentary. 1986; 3: 582-8.;
Shalhope RE. "The
Armed Citizen in the Early Republic. Law and
Contemporary Problems.
1986; 49:125-141.; Halbrook S. "What the
Framers Intended: A Linguistic
Interpretation of the Second Amendment. Law and
Contemporary Problems.
1986; 49:151-162.; Kates D. "Handgun Prohibition
and the Original Meaning
of the Second Amendment. Michigan Law Review. 1983;
82:203-73. Halbrook
S. "The Right to Bear Arms in the First State Bills
of Rights:
Pennsylvania, North Carolina, Vermont, and Massachusetts.
Vermont Law
Review 1985; 10: 255-320.; Halbrook S. "The Right of
the People or the
Power of the State: Bearing Arms, Arming Militias, and
the Second
Amendment. Valparaiso Law Review. 1991; 26:131-207.;
Tahmassebi SB. "Gun
Control and Racism. George Mason Univ. Civil Rights Law
Journal. Winter
1991; 2(1):67-99.; Reynolds. "The Right to Keep and
Bear Arms Under the
Tennessee Constitution. Tennessee Law Review. Winter
1994; 61:2.
Bordenet TM. "The Right to Possess Arms: the
Intent of the Framers of the
Second Amendment. U.W.L.A. L. Review. 1990;
21:1.-30.; Moncure T. "Who
is the Militia - The Virginia Ratifying Convention
and the Right to Bear
Arms. Lincoln Law Review. 1990; 19:1-25.; Lund N.
"The Second Amendment,
Political Liberty and the Right to
Self-Preservation. Alabama Law Review
1987; 39:103.-130.; Morgan E "Assault Rifle
Legislation: Unwise and
Unconstitutional. American Journal of Criminal Law. 1990;
17:143-174.;
Dowlut, R. "Federal and State Constitutional
Guarantees to Arms. Univ.
Dayton Law Review. 1989.; 15(1):59-89.; Halbrook SP.
"Encroachments of
the Crown on the Liberty of the Subject:
Pre-Revolutionary Origins of the
Second Amendment. Univ. Dayton Law Review. 1989;
15(1):91-124.; Hardy
DT. "The Second Amendment and the
Historiography of the Bill of Rights.
Journal of Law and Politics. Summer 1987;
4(1):1-62.; Hardy DT. "Armed
Citizens, Citizen Armies: Toward a Jurisprudence of
the Second
Amendment. Harvard Journal of Law and Public
Policy. 1986; 9:559-638.;
Dowlut R. "The Current Relevancy of Keeping
and Bearing Arms. Univ.
Baltimore Law Forum. 1984; 15:30-32.; Malcolm JL.
"The Right of the
People to Keep and Bear Arms: The Common Law
Tradition. Hastings
Constitutional Law Quarterly. Winter 1983;
10(2):285-314.; Dowlut R. "The
Right to Arms: Does the Constitution or the
Predilection of Judges
Reign? Oklahoma Law Review. 1983; 36:65-105.;
Caplan DI. "The Right of
the Individual to Keep and Bear Arms: A Recent
Judicial Trend. Detroit
College of Law Review. 1982; 789-823.; Halbrook SP.
"To Keep and Bear
åTheir Private Arms Northern Kentucky Law Review.
1982; 10(1):13-39.;
Gottlieb A. "Gun Ownership: A Constitutional Right.
Northern Kentucky
Law Review 1982; 10:113-40.; Gardiner R. "To
Preserve Liberty -- A Look
at the Right to Keep and Bear Arms. Northern Kentucky Law
Review. 1982;
10(1):63-96.; Kluin KF. Note. "Gun Control: Is It A
Legal and Effective
Means of Controlling Firearms in the United States?
Washburn Law Journal
1982; 21:244-264.; Halbrook S. "The Jurisprudence of
the Second and
Fourteenth Amendments. George Mason U. Civil Rights Law
Review. 1981;
4:1-69. Wagner JR. "Comment: Gun Control Legislation
and the Intent of
the Second Amendment: To What Extent is there an
Individual Right to Keep
and Bear Arms? Villanova Law Review. 1992;
37:1407-1459. The following
treatments in book form also conclude that the individual
right position
is correct: Malcolm JL. To Keep and Bear Arms: The
Origins of an
Anglo-American Right. Cambridge MA: Harvard U.
Press. 1994.; Cottrol R.
Gun Control and the Constitution (3 volume set).
New York City: Garland.
1993.; Cottrol R and Diamond R. "Public Safety
and the Right to Bear
Arms in Bodenhamer D and Ely J. After 200 Years;
The Bill of Rights in
Modern America. Indiana U. Press. 1993.; Oxford
Companion to the United
States Supreme Court. Oxford U. Press. 1992. (entry
on the Second
Amendment); Cramer CE. For the Defense of
Themselves and the State: The
Original Intent and Judicial Interpretation of the
Right to Keep and Bear
Arms. Westport CT: Praeger Publishers. 1994. Foner
E and Garrity J.
Reader's Companion to American History. Houghton
Mifflin. 1991. 477-78.
(entry on "Guns and Gun Control); Kates D.
"Minimalist Interpretation of
the Second Amendment in E. Hickok (ed.), The Bill
of Rights: Original
Meaning and Current Understanding. Univ. Virginia
Press. 1991.; Halbrook
S. "The Original Understanding of the Second
Amendment. in Hickok E
(editor) The Bill of Rights: Original Meaning and
Current Understanding.
Charlottesville: U. Press of Virginia. 1991.
117-129.; Young DE. The
Origin of the Second Amendment. Golden Oak Books.
1991.; Halbrook S. A
Right to Bear Arms: State and Federal Bills of
Rights and Constitutional
Guarantees. Greenwood. 1989.; Levy LW. Original
Intent and the Framers
Constitution. Macmillan. 1988.; Hardy D. Origins
and Development of the
Second Amendment. Blacksmith. 1986.; Levy LW, Karst
KL, and Mahoney DJ.
Encyclopedia of the American Constitution. New
York: Macmillan. 1986.
(entry on the Second Amendment); Halbrook S. That Every
Man Be Armed: The
Evolution of a Constitutional Right. Albuquerque, NM: U.
New Mexico
Press. 1984.; Marina. "Weapons, Technology and
Legitimacy: The Second
Amendment in Global Perspective. and Halbrook S.
"The Second Amendment as
a Phenomenon of Classical Political Philosophy. --
both in Kates D
(ed.). Firearms and Violence. San Francisco:
Pacific Research Institute.
1984.; U.S. Senate Subcommittee on the
Constitution. The Right to Keep
and Bear Arms: Report of the Subcommittee on the
Constitution of the
Committee on the Judiciary. United States Congress.
97th. Congress. 2nd.
Session. February 1982. regarding incorporation of
the Second Amendment:
Aynes RL. "On Misreading John Bingham and the
Fourteenth Amendment. Yale
Law Journal. 1993; 103:57-104.; The minority
supporting a collective
right only view: Ehrman K and Henigan D. "The
Second Amendment in the
20th Century: Have You Seen Your Militia Lately?
Univ. Dayton
LawJReview. 1989; 15:5-58 and Henigan DA.
"Arms, Anarchy and the Second
Amendment. Valparaiso U. Law Review. Fall 1991; 26:
107-129. -- both
written by paid general counsel of Handgun Control,
Inc.; Fields S.
"Guns, Crime and the Negligent Gun Owner.
Northern Kentucky Law Review.
1982; 10(1): 141-162. (article by non-lawyer
lobbyist for the National
Coalition to Ban Handguns); and Spannaus W.
"State Firearms Regulation
and the Second Amendment. Hamline Law Review. 1983;
6:383-408. In
addition, see: Beschle. "Reconsidering the Second
Amendment:
Constitutional Protection for a Right of Security.
Hamline Law Review.
1986; 9:69. (conceding that the Amendment does guarantee
a right of
personal security, but arguing that personal
security can
constitutionally be implemented by banning and
confiscating all guns).
Though not in the legal literature, for arguably
the most scholarly
treatment supporting the "collective right
only view, see: Cress LD. "An
Armed Community: The Origins and Meaning of the
Right to Bear Arms. J.
Am. History 1984; 71:22-42.
[40] Kates DB. "Bigotry, Symbolism and Ideology in
the Battle over Gun
Control in Eastland, T. The Public Interest Law Review
1992. Carolina
Academic Press. 1992.
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