On July 14, 2016 a terrorist drove a cargo truck into crowds of people celebrating Bastille Day in Nice, France, killing eighty-six people and injuring 458 others. http://www.telegraph.co.uk/news/2016/07/14/84-killed-in-nice-by-lorry-during-bastille-day-celebrations—ho/
Mass-murders using a multi-ton vehicle are simply viewed as tragedies for the victims, and acts of viciousness by the perpetrators. Politicians and activists on the left do not attempt to change our attitudes towards trucks and automobiles. There are no calls for criminal background checks before owning a car, no calls for psychological screening before you can get your new Toyota, and anyone seriously suggesting that cargo trucks should be banned would be laughed at.
On the other hand, any time there is a mass-murder involving a firearm in “gun friendly” United States, and not in countries with massive firearms restrictions, like France or Belgium, it becomes time to trot out the “gun control” arguments. The latest mass-shooting in Florida has brought forth the left’s usual call for an “assault weapons” ban. As with any blanket governmental prohibition on the ownership of any device or substance, the problem with “gun control” is this: The only way to enforce it is to turn government into a force-initiator. Although, in our already very un-free society, it means turning our government into an even greater force-initiator.
I’ll start with a discussion of the difference between murder and self-defense. This is primarily a moral and philosophical discussion of the distinction, not a legal one. Laws are made by men, and can be changed or reformed to better reflect moral and philosophical truth, so keep that in mind as I go over this. I am speaking more as a political philosopher than as a lawyer.
First, the use of a weapon to commit murder is bad, while the use of a weapon to defend yourself from murder is good, if you value your life. I doubt there are many who will dispute the notion that you can rightly defend yourself, so I won’t discuss it any further. Most of us seem to understand it on a “gut level”, but what exactly is the difference between murder and killing someone in self-defense?
It’s not the mere use of force that distinguishes murder from self-defense. A murderer uses force, but so does the person who acts in self-defense. The difference lies in the fact that a murderer is the first to act, while a person acting in self-defense reacts to an articulable act of force by another. Another critical distinction between murder and self-defense is: the person who acts in self-defense is not attempting to gain another person’s values nor to deprive another person of their values. The robber starts the use of force against others to gain their property or money -to gain what they have produced through their thought and labor. The person who acts in self-defense is reacting to preserve his values. When someone tries to murder him, the man who acts in self-defense is attempting to preserve what can be considered an important value, and, I think, his ultimate value -the value that all his other values are aimed at achieving and maintaining. The murderer or the robber initiates physical force, while the person who acts in self-defense, or defense of others, uses force in reaction or retaliation to the initiation of physical force.
Next, what are “gun control laws”? They are “preventative law”. They attempt to prohibit a certain action that is innocuous in and of itself -the ownership of a gun. “Preventative law” prohibits actions that, standing alone, are not an initiation of physical force. The mere ownership of a gun doesn’t kill or injure anyone. This blanket prohibition is imposed in order to prevent some evil that can potentially be committed with the gun -murder, robbery, or rape. If everyone who owned a gun were to somehow magically loose the free will to choose to use a gun to commit crimes like murder, then there would be very little talk of “gun control laws”. This is because such laws would be unnecessary.
The problem with “preventative laws” is that they: (1) Legally prohibit actions that are good if you value your life -the ownership of a gun for purposes of self-defense; and (2) They turn government agents into force-initiators. Now police are ordered to go out and initiate physical force against those who have not used force to deprive others of their life or property. In fact, the police are ordered to deprive people of their right to self-defense by arresting anyone who possesses a gun for the purposes of self-defense.
In the last twenty or thirty years, most of the “gun control” debate has centered around so-called “assault weapons”, although this name is a misnomer. What is being described as an “assault weapon”, like an AR-15, is a semi-automatic long gun with a detachable magazine that can hold anywhere from five to 50 rounds. The term “assault weapon” is a cunning choice of wording used by left wing politicians. It implies that semi-automatic long guns with detachable magazines can only be used to commit initiations of physical force, i.e., an “assault”. But, as I will discuss below, these guns can sometimes be the best option for self-defense, and defense of others. (For brevity, I’m going to call a “semi-automatic-long-gun-with-a-detachable-magazine ban” a “semi-auto ban”.)
The calls for a “semi-auto ban” center around the fact that this type of gun tends to be the mass-shooter’s weapon of choice. I question that if these types of guns were to magically disappear, it would prevent any mass-shootings or even significantly reduce casualty rates in such events. Simple pump-action shotguns, holding fewer than six rounds, have been used in mass shootings in recent years. (https://www.scribd.com/document/233531169/Navy-Yard#from_embed) At any rate, the use of a these guns in high-profile, but statistically rare, mass shootings accounts for a lot of the political push for a semi-auto ban. (http://www.gunfacts.info/gun-control-myths/mass-shootings/)
People on the political left also tend to call for a semi-auto ban because it seems, at first blush, to be more difficult to justify the ownership of such a weapon. A lot of people might see that you need a handgun for self-defense, but they will ask: “Why does anyone ‘need’ an ‘assault weapon’?”
A concrete example of the utility of semi-automatic long guns for self-defense was demonstrated in the Los Angeles Riots of 1992. (https://www.britannica.com/event/Los-Angeles-Riots-of-1992) The LA Times reported that Koran store owners used “…shotguns and automatic weapons…” to defend their stores from looters. http://articles.latimes.com/1992-05-02/news/mn-1281_1_police-car (Likely the journalist reporting in the old LA Times article didn’t know the difference between a semi-automatic and an automatic, and these guns were likely semi-automatics, the precise type of gun that people push to ban after almost every mass-shooting.)
During the LA riots, Korean shop owners were targeted, and their small businesses were often destroyed. They were an immigrant minority group singled out because of the color of their skin by members of other racial minority groups engaged in mayhem and destruction. But, more fundamentally, rioters went after them because they were successful property owners. The Korean small businessmen were everything the rioters weren’t: hard working, ambitious, and devoted to making something of their lives. The store owners were the “producers”, as Ayn Rand would say, and the rioters were, literally, “the looters”. Rather than have their life’s work destroyed, many of these shop owners armed themselves when the police and the government abandoned them. (https://www.youtube.com/watch?v=OCYT9Hew9ZU)
Now, at this point an advocate of a semi-auto ban will say that riots like the one in LA are statistically rare. That is probably true, but, then again, so are shootings that involve the use of a semi-automatic long gun. Far more people are killed with handguns than long-guns of any type. https://ucr.fbi.gov/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/offenses-known-to-law-enforcement/expanded-homicide/expanded_homicide_data_table_8_murder_victims_by_weapon_2008-2012.xls (For instance, in 2012 6,371 people were murdered by handguns, versus 232 people killed by rifles, whether semi-automatic or not.)
Now, lets turn to the consequences of a law prohibiting the ownership of semi-automatic long guns. The first thing to note is that the passage of a law is not like waving a magic wand that makes the outlawed thing go away. The drug laws have been on the books for over a hundred years now, but cocaine, heroin, meth, and marijuana are still readily available. Most people could acquire any drug they want in about 24 hours if they have enough money to pay for it. Furthermore, a semi-auto ban isn’t simply a law that says people can’t use guns to deprive others of their lives because we already have that: It’s called a murder statute. As already discussed, a semi-auto ban is what is known as “preventative law”. It involves the government threatening to use force against those who have not initiated physical force, and never would, because they possess the weapons for self-defense.
A semi-auto ban means that people who possess such weapons for morally legitimate reasons like self-defense will be threated with jail time if they continue to possess them. Like all laws, when the police come to arrest violators, if they resist, the state is authorized to use anything up to and including deadly force to subdue them. In other words, the state will use its guns to kill those who want to have the capacity to defend their lives. The initiation of physical force by the state will be required to enforce a semi-auto ban. Government agents become authorized, and ordered, to commit the moral-equivalent of murder to enforce preventative laws such as this.
Is what I’m saying here just “hypothetical”? Are there any concrete examples of how “preventative” gun laws lead to the killing of those who have not initiated physical force? I think the incident at Ruby Ridge is an example of this. Ruby Ridge is an illustration of the fact that gun-prohibitions have life and death consequences. (The facts I outline here are all found in a britanica.com article called “Ruby Ridge Incident” https://www.britannica.com/event/Ruby-Ridge-incident)
Randy Weaver was a white separatist who moved to Idaho in the 1980’s. While attending an Aryan Nations meeting in the late 1980’s he was approached by what turned out to be an ATF informant, who convinced Weaver to saw off two shotguns. A shotgun with a barrel below a certain length is illegal under Federal law. The ATF then threatened Weaver with arrest for possessing a short-barreled shotgun. They told him he could either face prosecution, or he too could become an informant for the ATF. Weaver refused to become an informant, so the ATF pursued the prosecution on the Federal weapons charge. Weaver was arrested, and after his trial was set, he was released.
Originally, Weaver’s trial was set for February 19, 1991, but the trial was then moved to February 20th. Weaver’s probation officer sent him a letter incorrectly stating that the new trial date was March 20. (Similar to the latest mass-shooting in Florida, Federal Government Officials demonstrated their incompetence. http://www.dailymail.co.uk/news/article-5401101/FBI-knew-Nikolas-Cruz-stockpiling-weapons.html)
When Weaver failed to appear on February 20, the court issued a bench warrant for his arrest. Weaver was then indicted by a Federal grand jury for failing to appear at his trial. The US Marshal’s service was then tasked with arresting Weaver. On August 21, 1992, six heavily-armed Marshals entered Weaver’s property. The Weaver family dog discovered the Marshals in hiding, and one of the Marshals shot the dog. Weaver’s 14-year-old son, Sammy had been walking the dog, and he then got into a gunfight with the Marshals. The Marshals shot Sammy Weaver in the back, killing him. One of Weaver’s friends, Kevin Harris, who had also been with Sammy, then shot and killed US Marshal William Degan.
At that point, the FBI was brought in to assist the Marshals, and there was a standoff centering around Randy Weaver’s house. On August 22, 1992, an FBI sniper shot Weaver in the arm, and accidentally shot his wife, Viki Weaver, in the face, killing her while she held the Weaver’s infant daughter behind the front door of the cabin.
Weaver and Harris eventually surrendered. Weaver was charged with numerous crimes, including murder, conspiracy, and assault. Kevin Harris, who had shot US Marshal, Degan, was acquitted of murder. Weaver was found not guilty on all charges, except the original failure to appear for the original firearms charge.
To sum up: Viki Weaver, Sammy Weaver, and a US Marshal were killed because, back in the 1930’s, Congress arbitrarily decided that a shotgun was okay, but having a sawed-off shotgun was so bad that the Federal Government should be free to initiate physical force against anyone who was found to be in possession of one.
I doubt that the law against possessing a sawed off shotgun has ever saved a single life -although I obviously don’t know that for certain. What I do know is that Viki Weaver and her son Sammy are dead because the government saw fit to initiate physical force to prohibit the mere possession of device whose only difference from a legal device is a shorter barrel. Randy Weaver hadn’t initiated physical force against anyone, and whatever one thinks of some of his odious political views, I don’t think that justifies what I consider to be the moral-equivalent of the murder of his wife and son by agents of the state.
The death of Viki and Sammy Weaver is the price we pay when we direct government agents to initiate physical force in an attempt to ban the mere possession of a device. The death of innocent people who cannot defend themselves from criminals because guns are banned is another price we pay. Mass murders are horrible. But, then again, all initiations of physical force are horrible, especially when they are committed by armed agents of the state against a disarmed population.
I’ve heard death penalty opponents say something like: “How can the state say that killing is immoral by killing people?” They are noting an apparent contradiction, although it isn’t a genuine contradiction, since the death penalty is actually the state saying murder is immoral -and it is killing the murderer to demonstrate that. “Murder” and “killing” are different things. “Murder” is killing by the initiation of physical force. It is starting the use of force to deprive another of their most important value, which is their own life. However, this slogan by death-penalty critics can be repurposed when it comes to gun control into a true statement: How can we say that the initiation of physical force is immoral by initiating physical force against those who own a gun to protect their lives? Because that’s what “gun control” is.