• Tag Archives 2nd Amendment
  • The 2nd Amendment Really Is an Essential Safeguard against Crime and Tyranny

    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 went out to buy us some liquor.”

    Would either of these two victims have been saved if the man had had a gun easily reachable by him in the house or if the woman had had a gun in her purse? There is no way of knowing. What is for certain is that neither was any match for the four men who attacked and killed them with a butcher knife. Even Lois’s begging and submitting to sexual violation did not save her. How many people might be saved from physical harm, psychological trauma, or death if they had the means to protect themselves with a firearm?

    Equally important, how many people might never have to be confronted with attack or murder if potential perpetrators were warded off from initiating violence because of the uncertainty that an intended victim might have the means to defend him- or herself from thieves, rapists, and murders? A gun can be a great equalizer for the weak and the defenseless, especially if an intended victim doesn’t have to waste precious seconds fumbling with the key to a mandatory trigger lock.

    But what is an ordinary man to do when he finds that it is the government that is the perpetrator of violence and aggression against him and his fellow citizens? How do you resist the power of the state? Tens of millions of people were murdered by governments in the twentieth century. They were killed because of the language they spoke or the religion they practiced. Or because those in political control classified them as belonging to an “inferior race” or to a “social class” that marked them as an “enemy of the people.” Furthermore, the vast, vast majority of these tens of millions of victims were murdered while offering little or no resistance. Fear, terror, and a sense of complete powerlessness surely have been behind the ability of governments to treat their victims as unresisting lambs brought to the slaughter.

    But part of the ability of government to commit these cruel and evil acts has been the inability of the victims to resist because they lacked arms for self-defense. However, when the intended victims have had even limited access to means of self-defense it has shocked governments and made them pay a price to continue with their brutal work.

    The Power of Armed Resistance

    Many have been surprised by the lack of resistance by the European Jews who were killed by the millions in the Nazi concentration and death camps during the Second World War. For the most part, with a seemingly peculiar fatalism, they calmly went to their deaths with bullets to the back of the head or in gas chambers. Yet when some of the people were able to gain access to weapons, they did resist, even when they knew the end was most likely be the same.

    The following is from historian John Toland’s biography of “Adolf Hitler,” in reference to the resistance of the Jews in the Warsaw Ghetto in 1943:

    Of the 380,000 Jews crowded into the Warsaw ghetto, all but 70,000 had been deported to the killing centers in an operation devoid of resistance. By this time, however, those left behind had come to the realization that deportation meant death. With this in mind, Jewish political parties within the ghetto finally resolved their differences and banded together to resist further shipments with force . . .

    “At three in the morning of April 9, 1943, more than 2000 Waffen SS infantryman—accompanied by tanks, flame throwers and dynamite squads—invaded the ghetto, expecting an easy conquest, only to be met by determined fire from 1500 fighters armed with weapons smuggled into the ghetto over a long period: several light machine guns, hand grenades, a hundred or so rifles and carbines, several hundred pistols and revolvers, and Molotov cocktails. Himmler had expected the action to take three days but by nightfall his forces had to withdraw.

    “The one-sided battle continued day after day to the bewilderment of the SS commander, General Jürgen Stroop, who could not understand why ‘this trash and subhumanity’ refused to abandon a hopeless cause. He reported that, although his men had initially captured ‘considerable numbers of Jews, who are cowards by nature,’ it was becoming more and more difficult. ‘Over and over again new battle groups consisting of twenty or thirty Jewish men, accompanied by a corresponding number of women, kindled new resistance.’ The women, he noted, had the disconcerting habit of suddenly hurling grenades they had hidden in their bloomers . . .

    “The Jews, he reported, remained in the burning buildings until the last possible moment before jumping from the upper stories to the street. ‘With their bones broken, they still tried to crawl across the street into buildings that had not yet been set on fire…. Despite the danger of being burned alive the Jews and bandits often preferred to return into the flames rather than risk being caught by us.’ … For exactly four weeks the little Jewish army had held off superior, well-armed forces until almost the last man was killed or wounded.”

    In the end, the Germans had to commit thousands of military personnel and in fact destroy an entire part of Warsaw to bring the Jewish ghetto resistance to an end.

    What if not only the Jewish population but the majority of all the “undesirable” individuals and groups in Germany and the occupied countries of Europe had been armed, with the Nazi government unable to know who had weapons, what types, and with what quantity of ammunition? It would be an interesting study in World War II history to compare private gun ownership in various parts of Europe and the degree and intensity of resistance by the local people to German occupation.

    Revolts Against Tyranny

    In the early years of the Bolshevik takeover in Russia, there were numerous revolts by the peasantry against Communist policies to collectivize the land or seize their crops as in-kind taxes. What made this resistance possible for many years was the fact that in the countryside the vast majority of the rural population owned and knew how to use hunting rifles and other weapons of various kinds.

    Acquisition of firearms during the Second World War as part of the partisan movement against the German invasion of the Soviet Union enabled active, armed resistance by Lithuanian and Ukrainian nationalist guerrillas against Soviet reoccupation of their countries to continue in the forests of Lithuania and western Ukraine well into the early 1950s.

    It is hard to imagine how the people of the 13 colonies could have ever obtained their independence from Great Britain at the end of the eighteenth century if the local population had not been “armed and dangerous.” It is worth recalling Patrick Henry’s words in arguing for resistance against British control before the king’s armed forces could disarm the colonists:

    They tell us . . . that we are weak—unable to cope with so formidable an adversary. But when shall we be stronger? . . . Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? … Three million people, armed in the holy cause of liberty . . . are invincible by any force which our enemy can send against us.”

    The taking up of arms is a last resort, not a first, against the intrusions and oppressions of government. Once started, revolutions and rebellions can have consequences no one can foretell, and final outcomes are sometimes worse than the grievance against which resistance was first offered. However, there are times, “in the course of human events,” when men must risk the final measure to preserve or restore the liberty that government threatens or has taken away.

    The likelihood that government will feel secure in undertaking infringements on the freedoms of Americans would be diminished if it knew that any systematic invasion of people’s life, liberty, and property might meet armed resistance by both the victim and those in the surrounding areas who came to his aid because of the concern that their own liberty might be the next to be violated.

    Though it may seem harsh and insensitive, when I read the advocates of gun control pointing to incidents of private acts of violence against children, I think to myself:

    How many more tens of thousands of children were killed around the world in the last century by governments? And how many of those children, victims of government-armed violence, might have been saved if their families and neighbors had possessed the right to bear arms against political aggressors? How many children have been saved because their families have had weapons for self-defense against private violators of life and property? And how many could have been saved from private aggressors if more families had owned guns?

    Guns and American Liberty

    The argument that virtually all other “civilized” countries should neither prohibit nor severely restrict the ownership and the use of firearms in general—and handguns intimidate Americans. America has been a free and prosperous land precisely because of the fact that as a nation we have chosen to follow political and economic avenues different from those followed by other countries around the world.

    As a people, we have swum against the tide of collectivism, socialism, and welfare statism to a greater degree, for the most part, than have our western European cousins. As a result, in many areas of life, we have remained freer, especially in our market activities, than they. The fact that other peoples in other lands chose to follow foolish paths leading to disastrous outcomes does not mean that we should follow in their footsteps.

    America was born in revolt against the ideas of the “old world”: the politics of monarchy, the economics of mercantilism, and the culture of hereditary class and caste. America heralded the politics of representative, constitutional government, the economics of the free market, and the culture of individualism under equality before the law. It made America great.

    If in more recent times there has been an “American disease,” it has been our all-too-willing receptivity to the European virus of political paternalism, welfare redistribution, economic regulation and planning, and the passive acceptance of government control over social affairs.

    We need not and indeed should not fall victim to one more of the European ailments: the disarming of the people under the dangerous notion that the private citizenry cannot be trusted and should not be allowed to have the means of self-defense against potential private and political aggressors in society. Let us stand apart once more and not fall prey to the false idea that somehow our European cousins are more enlightened or advanced than we on the matters of gun ownership and control. They are not.

    Instead let us remember and stay loyal to the sentiment of James Madison, the father of the U.S. Constitution, who praised his fellow countrymen when he said, “Americans [have] the right and advantage of being armed—unlike citizens of other countries whose governments are afraid to trust the people with arms.”

    Let us remain worthy of Madison’s confidence in the American people and defend the Second Amendment of the Constitution upon which part of that confidence was based.

    Reprinted from the Heartland Institute.


    Richard M. Ebeling

    Richard M. Ebeling is BB&T Distinguished Professor of Ethics and Free Enterprise Leadership at The Citadel in Charleston, South Carolina. He was president of the Foundation for Economic Education (FEE) from 2003 to 2008.

    This article was originally published on FEE.org. Read the original article.



  • 6 Logical Fallacies to Look out for in the Gun Debate

    In 2017, the data website FiveThirtyEight declared that the U.S. had become more polarized on the issue of guns that at any time in the nation’s history.

    Because of the emotional nature of the debate, both gun control advocates and Second Amendment proponents increasingly resorted to violent rhetoric (“burn her!”), conspiracy theories, and especially irrational thinking.

    Here are six of the most common logical fallacies you’ll find in the current debate on guns in America.

    1. Non Sequitur

    Non sequitur translates as “it does not follow.” They are more common in casual conversation than formal debate.

    Example: I can’t believe you didn’t like The Last Jedi. You loved The Empire Strikes Back and Mark Hamill is in The Last Jedi.

    It does not follow that all fans of the original Star Wars trilogy will like The Last Jedi just because Luke is in the movie.

    In the gun debate, argument sometimes devolves into non sequiturs. Example: I don’t support the murder of innocents; therefore I don’t vote Republican, since Republicans often support the Second Amendment.

    2. False Dilemma/False Dichotomy

    News media are notorious for presenting public options as a binary choice: do nothing or pass federal gun control legislation.

    “Donald Trump does nothing; Paul Ryan does nothing; Mitch McConnell does nothing,” Joe Scarborough recently said. (He threw in an ad hominem for good measure: “Donald Trump has proven to be a coward. He’s proven to be a small man.”) Scarborough was echoed by Rep. Seth Moulton (D-Mass.) who told the president to “get off his a**” and work with federal lawmakers to pass gun control legislation.

    In reality, there are many actions individuals, communities, parents, and local governments can take to help prevent school shootings. But media reports and pundits on television usually don’t present these alternatives.

    3. Appeal to Emotion

    Children have been featured prominently in the gun debate, both by news networks advocating gun control and the president himself. Why? The answer is simple, as J.D. Tuccille recently pointed out at Reason:

    “Kids are pulled into political discussions by adults who want to trump debate and shame their opponents into acquiescence.”

    This is just one example of how people and media appeal to our emotions to argue their points. Here is another:

    4. Straw Man

    The straw man is arguably the most common fallacy in modern debate. The fallacy involves taking someone’s point or argument and reducing it to a caricature that is easy to knock over.

    A case in point can be found in a recent column by Jerry Adler of Yahoo. In it, Adler mocked an article written by National Review’s David French which stated that the purpose of the Second Amendment was to defend liberty from potential state tyranny.

    Adler depicts French as defending assault-style rifles “on the grounds that we might need them to fight a reprise of the American Revolution.” He invokes the image of “middle-aged guys running around the woods in camo pants” trying to go “up against the Marine Corps.”

    But French never mentioned the American Revolution, Marines, or middle-aged guys in camo pants. In fact, French explicitly states that an armed citizenry would not be much use if it came to open conflict between the people and the state.

    “The argument is not that a collection of random citizens should be able to go head-to-head with the Third Cavalry Regiment. That’s absurd. Nor is the argument that citizens should possess weapons “in common use” in the military. Rather, for the Second Amendment to remain a meaningful check on state power, citizens must be able to possess the kinds and categories of weapons that can at least deter state overreach, that would make true authoritarianism too costly to attempt.”

    Instead of directly engaging French’s argument that semi-automatic rifles are a more meaningful check on state power than sidearms and shotguns, Adler created a straw man.  What’s interesting is that Adler did this while admitting that French “acknowledges that ordinary citizens wouldn’t stand much of a chance against the 101st Airborne” and that there is little evidence that the 1994 “Federal Assault Weapons Ban” reduced gun violence.

    5. Bandwagon Fallacy (Also called Appeal to Popularity)

    The bandwagon fallacy is born of the idea that something is right, true, or desirable because it’s popular.

    Take this article, which recently appeared on Salon and featured the headline: “Support for gun control surges to highest level ever as GOP lawmakers sit on their hands.”

    The implication is that action should be taken because many people favor it, according to a poll.

    Such an action might be entirely appropriate. But the assumption that the opinion of the majority is prima facie evidence of validity is flawed logic.

    6. Faulty Analogy

    This fallacy assumes that because two things are alike in some respects, they are necessarily alike in other respects.

    In the gun debate, it’s common to point to Australia’s 1996 gun control legislation as a model for the U.S. It often runs like this: “In Australia, gun legislation passed and gun deaths fell. Therefore, the U.S. should pass more gun legislation.”

    The problem, as many have pointed out (herehere, and here), is that these nations are so different — their legal systems, constitutions, histories, the number of guns in circulation, etc. — that any comparisons or predictions in gun policy are essentially useless. In other words, it’s a faulty analogy.

    Reprinted from Intellectual Takeout.


    Jon Miltimore

    Jonathan Miltimore is a senior editor at Intellectual Takeout.

    This article was originally published on FEE.org. Read the original article.



  • Defensive Gun Use Is More Than Shooting Bad Guys

    In a New York Times column entitled “How to Reduce Shootings,” Nicholas Kristof writes, “It is true that guns are occasionally used to stop violence. But contrary to what the National Rifle Association suggests, this is rare. One study by the Violence Policy Center found that in 2012 there were 259 justifiable homicides by a private citizen using a firearm.”

    That statement grossly misleads by pretending that firearms only stop violence when they are used to kill criminals. As explained by the National Academies of Sciences in a 300+ page analysis of firearms studies, “Effective defensive gun use need not ever lead the perpetrator to be wounded or killed. Rather, to assess the benefits of self-defense, one needs to measure crime and injury averted. The particular outcome of an offender is of little relevance.”

    Likewise, a 1995 paper in the Journal of Criminal Law and Criminology states, “This is also too serious a matter to base conclusions on silly statistics comparing the number of lives taken with guns with the number of criminals killed by victims. Killing a criminal is not a benefit to the victim, but rather a nightmare to be suffered for years afterward.”

    Crime Prevention

    The purpose of having a gun for defense is not to kill criminals but to prevent them from killing or harming others. Accordingly, the same 1995 paper found that “only 8 percent” of people who use a gun for defense “report wounding an adversary.” Given the study’s sample size, this 8 percent figure has a margin of sampling error of ± 4 percentage points with 95 percent confidence. The authors conclude that “the rather modest 8.3 percent wounding rate we found is probably too high” and that defensive gun uses “are less serious or dramatic in their consequences than our data suggest.”

    In other words, people who use a gun for defense rarely harm (much less kill) criminals. This is because criminals often back off when they discover their targets are armed. A 1982 survey of male felons in 11 state prisons across the U.S. found that 40 percent of them had decided not to commit a crime because they “knew or believed that the victim was carrying a gun.”

    Contrary to Kristof’s deceitful claim, a range of credible data suggests that civilians use guns to stop violence more than 100,000 times per year.

    For instance, the above-cited 1995 paper was based on a survey of 4,977 households, which found that at least 0.5 percent of households over the previous five years had members who had used a gun for defense during a situation in which they thought someone “almost certainly would have been killed” if they “had not used a gun for protection.” Applied to the U.S. population using standard scientific methods, this amounts to at least 162,000 saved lives per year, excluding all “military service, police work, or work as a security guard.”

    Since this data is from the 1990s and is based on people’s subjective views of what would have happened if they did not use a gun, it should be taken with a grain of salt. However, the same survey found that the number of people who used a gun for self-defense was about six times greater than the number who said that using the gun “almost certainly” saved a life. This amounts to at least 1,029,615 defensive gun uses per year, including those in which lives were saved and those of lesser consequence.

    Facing the Facts

    Notably, anti-gun criminologist Marvin E. Wolfgang praised this study, which was conducted by pro-gun researchers Gary Kleck and Marc Gertz. In the Journal of Criminal Law and Criminology, Wolfgang wrote:

    “I am as strong a gun-control advocate as can be found among the criminologists in this country.”

    “Nonetheless, the methodological soundness of the current Kleck and Gertz study is clear. I cannot further debate it.”

    “The Kleck and Gertz study impresses me for the caution the authors exercise and the elaborate nuances they examine methodologically. I do not like their conclusions that having a gun can be useful, but I cannot fault their methodology.”

    Other credible studies provide evidence that defensive gun uses are much more common than Kristof leads his readers to believe.

    Anti-gun researcher David McDowall and others conducted a major survey of defensive gun use that was published in the Journal of Quantitative Criminology in 2000. The authors did not take their survey results to their logical conclusions by using the common practice of weighting them to determine what the results would be for a nationally representative survey. But when one does this, the results imply that U.S. civilians use guns to defend themselves and others from crime at least 990,000 times per year. This figure accounts only for “clear” cases of defensive gun use and is based upon a weighting calculation designed to minimize defensive gun uses.

    Similarly, a 1994 survey conducted by the U.S. Centers for Disease Control and Prevention (CDC) found that Americans use guns to frighten away intruders who are breaking into their homes about 498,000 times per year.

    In 2013, President Obama ordered the Department of Health and Human Services and CDC to “conduct or sponsor research into the causes of gun violence and the ways to prevent it.” In response, the CDC asked the Institute of Medicine and National Research Council to “convene a committee of experts to develop a potential research agenda focusing on the public health aspects of firearm-related violence…” This committee studied the issue of defensive gun use and reported:

    “Defensive use of guns by crime victims is a common occurrence, although the exact number remains disputed…”

    “Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million…”

    “[S]ome scholars point to a radically lower estimate of only 108,000 annual defensive uses based on the National Crime Victimization Survey,” but this “estimate of 108,000 is difficult to interpret because respondents were not asked specifically about defensive gun use.”

    “Studies that directly assessed the effect of actual defensive uses of guns (i.e., incidents in which a gun was ‘used’ by the crime victim in the sense of attacking or threatening an offender) have found consistently lower injury rates among gun-using crime victims compared with victims who used other self-protective strategies…”

    In sum, the difference between credible defensive gun use data and Kristof’s deceitful “259” figure is enormous. By misleading his readers to believe that firearms are rarely used for defense, he and his editors at the Times could dissuade people who may otherwise save lives from ever getting the firearms that enable them to do so.


    James Agresti

    James D. Agresti is the president of Just Facts, a nonprofit institute dedicated to publishing verifiable facts about public policy.

    This article was originally published on FEE.org. Read the original article.