For millions of Americans, the Second Amendment and its guarantee of the right of the individual to bear arms appears irrelevant and practically anachronistic. It seems a throwback to those earlier days of the Wild West, when many men, far from the law and order provided by the town sheriff and circuit judge, had to protect their families and land from cattle rustlers and outlaw bands. Such people are wrong.
If in our contemporary world, where the law fails to do its job of seeing that the guilty pay for their crimes, we take solace in the fantasy of extralegal solutions. We imagine that somewhere there is a Clint Eastwood on a metropolitan police force who uses some “magnum force” to see to it that the perpetrator of a crime doesn’t go unpunished. Or we want to think that there is a Charles Bronson occasionally roaming the streets of a large city at night fulfilling the “death wish” of the street criminal whom local law enforcement is not able to punish.
The crime once having been committed, it is some breakdown in the judicial system that prevents justice from being served. If only the law didn’t coddle the criminal or allow his defense attorney to use “loopholes” in the law, no criminal would ever escape his just deserts.
This popular conception of the legal system, law enforcement, and government, however, suffers from two fundamental flaws: first, it focuses on the legal process (and any supposed weaknesses in it) only after a crime has been committed; and second, it ignores completely the fact that it might be the government itself that is the potential perpetrator of crimes against the American citizenry.
The Tragedy of the Unarmed Victim
Locks, bars on windows, and alarm systems are all useful devices to prevent unwanted intruders from gaining entrance into our homes and places of work. But what happens if an innocent victim is confronted with an invader who succeeds in entering his home, for example, and the safety of his family and possessions is now threatened? What if the invader confronts these innocent occupants and threatens some form of violence, including life-threatening force? What are the victims to do?
Critics of the Second Amendment and private gun ownership never seem to have any reasonable answer. Silent prayer might be suggested, but if this were to be a formal recommendation by the government it might run the risk of violating the separation of church and state.
Even in an era promoting equality among the sexes, it nonetheless remains a fact that on average an adult man tends to be physically stronger than an adult woman, and most especially if there is more than one man confronting a single woman.
Several years ago, economist Morgan Reynolds wrote a book on the economics of crime. The following is from one of the criminal cases he discussed. It seems that four men broke into a house in Washington, D.C., looking for a man named “Slim.” When the occupant said that he didn’t know where Slim was, they decided to kill him instead. One of the defendants later testified,
I got a butcher knife out of the kitchen. We tied him up and led him to the bathroom. And we all stabbed him good. Then, as we started to leave, I heard somebody at the door. Lois [the dead man’s girlfriend] came in…. We took her back to the bathroom and showed her his body. She started to beg, ‘don’t kill me, I ain’t gonna tell nobody. Just don’t kill me.’ said we all could have sex with her if we wouldn’t kill her. After we finished with her, Jack Bumps told her, ‘I ain’t takin’ no chances. I’m gonna kill you anyway.’ He put a pillow over her head, and we stabbed her till she stopped wiggling. Then we set fire to the sheets in the bedroom and