Laws of Man and God – Are guns evil? (Part 3 of 4)

    In any discussion involving firearms or the 2nd Amendment we are almost certain to hear the phrase, “Guns don’t kill people, people kill people.”  This may be a true statement but it isn’t very helpful.  Yes, guns require that there be a person to pull the trigger.  The difficulty with placing the blame on the user is that, however mentally deranged or socially deviant the person at the trigger, guns make killing shockingly easy.  Every year people go to prison because the gun they were holding fired either accidentally or because it fired far more easily than they expected.  While many things can be used to harm others, few other weapons suffer from this trio of horrors, a) ease of use, b) devastating damage, and c) the potential for accidents. 

    On the other hand, there remains a human being who is in control, who makes a conscious decision to load, carry, and point a firearm.  Once that is done, the “accidental” nature of a discharge, intentional or not is practically irrelevant next to the intent already demonstrated and the chain of poor choices that has already been made.  The truth is that social misfits, deranged persons, and anyone who intends to do harm to another will not be deterred by a lack of access to a firearm.  Congresswoman Giffords was meeting people in a supermarket parking lot.  Without a gun, her assault could just as effectively been carried out in an automobile and the harm to innocent bystanders would have been equally great or worse. 
Congresswoman Giffords’ assailant was not unintelligent.  Without access to a firearm, it would not been difficult for him to construct an improvised explosive device (IED).  Fifty years ago construction of such a device might have taken a fair amount of research but today the Internet makes it all too easy.  Curiously, the man who disarmed the gunman credits his courage to the handgun he himself was carrying and wonders what might have happened had he not stopped for cigarettes and arrived a few moments earlier.

    If it seems that I am taking both sides in this discussion it is because I am.  Once again we are engaged in a public discussion where both sides have legitimate concerns.  There are no easy answers.  Every potential solution has potentially serious and harmful consequences, including that of doing nothing and allowing things to continue as they are.  As we move toward a solution, we must continue to have an open discussion that reveals all of our concerns because what we are ultimately choosing are those consequences with which we are most willing to live.

    It is difficult to say whether we are on the right road or the wrong one.  The statistics that are available present us with a mixed bag.  FBI statistics reveal that violent crime (in fact crime of all kinds) in the US has been falling steadily since  the early 1990’s and currently is about half the level it was in 1991.

    According to statistics from the United Nations, the United States ranks 24th  in murders per capita (behind Columbia, South Africa, Mexico and Russia but ahead of most other developed nations) but 8th in murders with a firearm (again behind Columbia, South Africa, and Mexico).  We are also 8th in total crimes per capita but this time behind nations like New Zealand, Finland, Denmark and the United Kingdom.  Finally, according to an EU  study cited in the UK’s Daily Mail newspaper,the per capita violent crime rate in the US is less than that of ten European nations of the EU and Canada (but more than Australia).  

    What I see in this data is that while we (in the US) seem to stand out in our capacity to murder, American society is less prone to violent crime overall.  For years it was assumed that violent crime was linked to population density and this was used to explain why cities appeared to have more violent crime.  Recent studies seem to refute this and show that per capita, cities are no more violent or prone to crime than other less populated areas.  How guns play into this remains unclear, at least to me.  It would be interesting to compare the rates of violent crime, murder and gun crimes in cities where strong gun controls have been enacted with cities that have none.  I favor a ‘go slow’ approach that allows local and state governments to try a variety of solutions and see what works (and what does not) before launching a nationwide initiative based on untested theories and hunches particularly when each potential solution has a consequence of its own.

Laws of Man and God – Are guns evil? (Part 2 of 4)

So what is it that bugs me about gun laws?

    As I considered my own discomfort I might have landed on an idea.  I’ve now confused several discussions in my mind, but in one such discussion, (and of course now I can’t find it) Terry (or someone) asked, “If gun laws are irrelevant because people will break the law anyway, then why bother making laws regarding murder or rape or anything else?”  Why indeed?  What is the difference between laws against murder and laws banning guns?  This is not an easy question, at least it hasn’t been for me, but as I thought about it (and I still don’t have everything figured out) a few things began to come together.
Most of our laws are prohibitions against actions or behavior that we commonly agree is not compatible with the maintenance of an orderly society or which our society generally agrees is immoral.  Murder and rape fall into these categories.  John Adams said that in the United States we are a “government of laws and not of men.”  So what are laws?  Saint Thomas Aquinas said this… “Law: An ordinance of reason for the common good, made by him who has care of the community.”  As I see it, our laws are outlines which we use to describe for ourselves what constitutes acceptable behavior.  Laws are external, they do not (and indeed cannot) cause a change in that behavior.  Behavior is internal and is shaped by our character and morality.   I’m not the first person to feel this way. 
  
“You can’t legislate intelligence and common sense into people.”                                                                                          – Will Rogers 

 “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.”            – Plato


 The difficulty is that gun laws would ban, not unacceptable behaviors or actions or even morality, but things… objects. 

    Somehow when we move from using behavior, actions and morality as defining characteristics of who we are as a society to determining what we may or may not own we are making an important shift.  I suppose in many respects we already do this.  We already restrict the ownership of high powered lasers and many explosives, but even then, if you really want them, there are local, state and federal permits for which you can apply that will allow you to own them (if you meet all of the necessary requirements).  Many drugs and poisons are also restricted.  Few, if any, of us would argue that individuals should be able to own nuclear materials or intercontinental ballistic missiles (although private individuals may launch really large rockets if they can afford it and if they meet stringent permitting requirements) but where do we draw the line?  

    In the discussion of gun ownership, I have heard others scoff at the idea of gun collecting, but why?  Frankly, the idea of gun collecting holds no interest for me, but then again, all sorts of people collect all sorts of things that I find to me far more ridiculous than guns.  People collect glassware, playing cards, stamps, beer cans, pop tabs, lunch boxes, Avon perfume bottles, decorative whiskey bottles and a million other things that others find to be useless or worse.  We all have dramatically differing tastes in what we find interesting and one of the strengths of our nation has been the freedom to pursue whatever interests us, regardless of what others think.  Just because gun collecting doesn’t interest me, in no way reflects on whether or not I think it ought to be legal.

    In a nation where the ownership of private property has always been an important value, how willing are we to criminalize the ownership of firearms or anything else?  How far are we willing to go?  More to the point, if our laws help us to define who we are as a people and as a nation, at what point would these changes fundamentally rewrite our understanding of our identity and how we understand our freedom itself?

    (Go to Part 3)                       (Back to Part 1)

Laws of Man and God – Are guns evil? (Part 1 of 4)

 (Author’s Note: I started writing this two or three weeks ago, it got bigger than I expected and it just kept growing.  Because of it’s size, I am breaking this up and will post one part each day for four days.  I don’t intend for this to be a purely political forum but my hope is to discuss political events and find where they intersect biblical teaching.  That element does appear in this discussion but it doesn’t show up until Part 4 so please be patient.)


    After the horrifying shooting of Arizona Congresswoman Gabrielle Giffords, the news was full of talking heads from every political persuasion arguing over the cause and how such a tragedy might be prevented in the future.  I have grown so tired of such talk that I mostly ignored it.  What made me stop and think was a conversation that I had on Facebook with my friend, Terry Fairfax.  Terry and I met in our high school band.  Today he is a lawyer (and remains a huge musical talent).  Terry and I are sometimes, at least politically, worlds apart but I enjoy chatting with him because we respect one another and we are both willing to consider the merits of logical arguments, even when we disagree. 

    As we often do, we came at this tragedy from different perspectives and drew from experiences of different lives.  As such tragedies often do, the discussion of Rep. Gifford’s shooting caused us to consider the need for individuals to own firearms and then, obviously, our constitutional rights to “keep and bear arms.”  Terry made me think.  His knowledge of the law and history made me dig deeper and get past a lot of the sound bites thrown out by conservatives in the media.  Eventually we agreed on some things and disagreed on others while remaining friends.  

    As I continue to reflect on our discussion, something has been bothering me.  I found myself wondering why the ideas of gun control and the passing of gun laws bothers me.  Understand that I am not (nor have I ever been) a huge proponent of gun ownership.  I have served in the military.  I have trained on and have carried an M-16 rifle for many days and for many miles.  I am comfortable around firearms but at the same time, I can see that there is a logical problem with permitting ordinary citizens to own weapons of moderate destruction.  Things like rocket launchers, tanks, hand grenades and land mines, in the interests of everyone’s safety, should belong to the military.  So what is it that bugs me about the idea of gun laws?