Debate with my anti-gun brother (who is a judge)

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Your brother sounds like a very reasonable man, who understand the risks, and making a reasonable decision.

I am 59. I have lived in a bad neighborhood for 34 years. I lived next door to a crack dealer for awhile. We have gang graffiti on fences. Someone could kill me in a drive-by, or break into my house. I have a dangerous job. Someone could shoot me after I walk out of the door of the courthouse. I still do not believe that being prepared to fight violence with violence is the answer. I’d rather not play.

If someone has really chosen not to fight violence with violence, then quoting stats doesn't make a whole lot of sense.

I have seen numbers (Again with the statistics?) indicating something like 87% of us will be the victim of a violent crime some time in our life.

That sounds utterly and completely bogus to me. It may not be fair, but crime - particularly violent crime is not uniformly distributed across gender, age, or socio-economic boundaries. Another thread on THR a couple of days ago claimed that a study (in Richmond as I recall) had found that 90% of the murder where a handgun was used had felony convictions. I believe that stat, just from reading my hometown paper.

In fact, from my point of view, I support RKBA as a social policy mostly so that innocent people in bad neighborhood have self-defense options. I am not all surprised that the CDC and NAS reports were unable to find a positive or negative effect of CCW laws on crime stats. Arming relative affluent law abiding middle class white males - who are statistically very unlikely to be either the perpetrators or victims of violent crime - would not have much effect.

The reason I don’t advocate gun control (now) is that I do not know enough to know whether that form of prohibition would be effective. I don’t plan on studying the pros and cons because I have other fish to fry in the social reform arena. I should mention that I do support limitations and restrictions on some forms of firearms.

Sounds reasonable to me - from a social policy position. That doesn't specify any conditions under which he would support gun control laws (other than the licensing that he mentions later).

I have no doubt that if we had the time, we could go on endlessly finding support for either side of this discussion.

..., but in this subject, any book that starts from the premise that gun control is right or wrong will likely find the statistics to shore up the preconception.

Your brother absolutely on target with this one. That's part of why most people find stats-slinging so ineffective.

The question is “Does voluntarily refusing to possess a gun increase my risk to an unacceptable level? You say yes—I say no. I believe that you and I can only answer that question with our gut.

I would not presume to answer for you whether your unwillingness to effectively counter a violent assault raises your risk to an unacceptable level.

Wait a second - risk level may be the core point.

Think of it this way. If you try to sell me a shark bite proof suit ( I don't know if such a thing exists :)), and I realize I never go into the water at the ocean, it may be perfectly reasonable for me to say that refusing to wear a shark bite proof suit won't change my risk of being killed by a shark at all. If you came back and say "I wouldn't presume to to answer for you whether your unwillingness to buy a shark bite suit effectively raises your risk of of being killed by a shark. But if you are are attacked by a shark, ..." That's silly.

Ultimately, this is a personal moral decision and I have made mine.

I applaud him. He obviously understands the issues, had thought deeply about them, and has made a personal moral decision. Isn't that the goal of whole Constitution - that we are free men able to private moral decisions?

I would like to argue more strongly that the decision may be right for him. I have come to much the same conclusion. Each one of us needs to balance two risks:

  1. Risk that choosing to possessor carry a handgun will cause an accident/negligent incident where an innocent person is harmed.
  2. Risk that choosing not to possess or carry a handgun will mean that we will not be able to stop an violent attack against us or loved ones.

It seems to me that these risks are different for different people. In my own analysis, the risk of #1 outweighs the risk of #2. Why?

  1. I tend to sleep very deeply, and be groggy when awoken.
  2. My son is college age, and its would not be unexpected that he or his friends could come by the house at 2:00 or 3:00 in the morning.
  3. I live in a boring middle class neighborhood surrounded by other boring middle class people.
  4. I don't go to night clubs - at least in Raleigh, a lot of shootings happen in nightclubs or nightclub parking lots.
  5. I don't do illegal drugs, or hang around people do illegal drugs. At least in Raleigh, a lot of shootings are drug related.
  6. No violent ex's threatening me or my wife.

The first two factors tend to increase risk #1, where the last 3 tend to decrease risk #2. In my case, risk #1 dominates risk #2 by a big margin. For me, the decision is not to carry for self-defense. My risks could change. I like shooting as a hobby.

Your risks may be different. I support RKBA because it might be the right decision for some people, not because it's the right decision for everyone.

Mike
 
One fundamental problem is, people who say, "I'm willing to take that risk" are not willing to allow other people to choose what risks they will or will not take.

There is another problem -- we have a duty to the common defense. If I protect myself, I also protect you. If I allow myself to be victimized, I make you more vulnerable.
 
One fundamental problem is, people who say, "I'm willing to take that risk" are not willing to allow other people to choose what risks they will or will not take.

Didn't the judge specifically say that he was not advocating greater gun control.

There is another problem -- we have a duty to the common defense. If I protect myself, I also protect you. If I allow myself to be victimized, I make you more vulnerable.

That cuts both ways - my decision to keep a weapon in my house also probably increases the risk that you will be shot by accident/negligence/criminal act involving my handgun. Different neighborhoods will have different risks.

Mike
 
Didn't the judge specifically say that he was not advocating greater gun control.
He also said things that inevatably lead to the conclusion that guns are bad and dangerous, and self-defense is morally inferior to not resisting.
That cuts both ways - my decision to keep a weapon in my house also probably increases the risk that you will be shot by accident/negligence/criminal act involving my handgun. Different neighborhoods will have different risks.
That's what Sarah Brady would say. Keeping a weapon is not a significant factor in accidents -- firearms accidents are the lowest category in government statistics, and would not even be reported separately if it were not for the politics.
 
, ... self-defense is morally inferior to not resisting.

He may also believe the moon is made of green cheese - as long as he isn't advocating more gun control, it is not true to say he is " not willing to allow other people to choose what risks they will or will not take."

That's what Sarah Brady would say.

Why does it matter who says what? Sarah Brady might also say that water freezes at 32 degrees. Are you going to argue water doesn't freeze at 32 degrees because she said it did?

Both of these strike me as true:

If I choose to carry/possess a handgun, I will be able to choose protect.

If I chose to carry/possess a handgun, people around me have a higher risk of being accidentally/negligently/criminally by that handgun shot than if I do not.

Mike
 
Why does it matter who says what? Sarah Brady might also say that water freezes at 32 degrees. Are you going to argue water doesn't freeze at 32 degrees because she said it did?

It matter what. And the who who says these things would be saying water freezes at 212 degrees.

The truth or falsity of a proposition like these can be objectively tested -- and the results of that test is that the benefits of having a gun are great, and the downside is miniscule.
 
If he cannot keep the oath -- for whatever reason -- he must resign...violation of a sworn oath is moral turpitude, which should render the violator inelligible to hold any office.

Vern: I'm not sure what you are referring to here. My brother's personal decision to refuse to arm himself is not an abbrogation of his duties as a judge, or a violation of a sworn oath.
 
IANAL.

But, we've been surveying candidates for office here in WV for the past few weeks. And one of the very sticky surveys to write is those for the Supreme Court. I don't know what legal principle applies, but we could not ask questions like "how do you feel about $x and $y" because it shows predisposition. A judge who answered the type of questionnaire we sent out for legislative candidates, may have to recuse himself from the bench on a 2nd amendment related case because of his answers.

So, I think what I'm asking is, did you have the judge's permission to share this information? And if not, to point out that it may be a problem for him if anyone were to connect the dots.
 
Did I miss something, or did he completely fail to address your apt statement that he's perfectly comfortable using force and the threat thereof by armed agents of the state?

deanimator:
Nope...you didn't miss anything. He pretty much wanted to end the discussion soon after I pointed that out. I couldn't let the "...violence never solves anything..." comment stand unchallenged. Yes...I think it is hypocritical, although I don't think of my brother as a hypocrite. He just hasn't thought it through. Hopefully I have planted a seed.
 
"Brother" should outweigh "Judge" in this thread

Unless I'm very much mistaken, the challenge rainbowbob faces is that his brother's opinion complicates a gun-related family situation. The brother's status as a judge is a source of incongruity, not the main issue.

I believe we would serve rainbowbob better by focusing less on his brother's supposed shortcomings at the bench and more on being helpful, or at least supportive, with the family matters.

Bob, please excuse my part in sidetracking the thread.
 
Wait a second - risk level may be the core point.

RPCVYemen:
I know you read the part where he identifies all of the many very REAL risks he encounters every day - because you quoted it. Your silly shark suit analogy misses by a mile! The fact is...he (and most of us) are wading into potentially dangerous waters every day.

As for the "bogus" statistic about risk of violent assault...I edited that passage for length and clarity - but in my original post to him I pointed out that many crimes are between gang-bangers and so forth which would not apply to most of us. That doesn't eliminate the fact that there is SOME level of REAL risk for all of us.
 
I tend to sleep very deeply, and be groggy when awoken.
My son is college age, and its would not be unexpected that he or his friends could come by the house at 2:00 or 3:00 in the morning.
I live in a boring middle class neighborhood surrounded by other boring middle class people.

Mike:
I just got off the phone with my upscale middle-class cousin who lives in Arizona. He told me that not long ago he and his middle-class wife were walking from there car to a restaurant in what they thought of as a "nice" part of Phoenix. They came around a corner and were unexpectedly caught in cross-fire between rival gangs. Fortunately, none of them could hit a barn from the inside - and nobody was killed.

I hate to pop your bubble - but I think your sense of safety engendered by your "boring" life is an illusion. You are certainly safer than a drug dealer, or someone who frequents certain clubs - but I hope what I believe is your false sense of security doesn't leave you vulnerable to assault.

As for your home defense - or rather your lack of same: I recommend a gun safe that is quickly accessable but requires you to come up out of grogginess to operate. I further recommend that you make some kind of arrangement with your son and his friends - either a signal, or a curfew, or something.
 
So, I think what I'm asking is, did you have the judge's permission to share this information? And if not, to point out that it may be a problem for him if anyone were to connect the dots.

I don't understand which dots could be connected here. Am I overlooking something? My intent was to present an exchange between two annonomous writers for the purpose of this discussion only.
 
Bob, please excuse my part in sidetracking the thread.

This really isn't so much a family problem as it is a personal account of what is a national debate.

You are correct in saying that his status as a judge is not particularly relevant EXCEPT...for his stance that "violence is never the answer" when he employs the threat of it every day.
 
You are correct in saying that his status as a judge is not particularly relevant EXCEPT...for his stance that "violence is never the answer" when he employs the threat of it every day.
And that he has had at leat some study of the Constitution and its application (though likely not with respect to the 2A).

I believe we would serve rainbowbob better by focusing less on his brother's supposed shortcomings at the bench and more on being helpful, or at least supportive, with the family matters.
Amen.
 
In normal Constitutional Law courses, professors do not go into the 2A. There's not much case precedence to study and apply. A study of the 2A could not be much more than a history or political debate.

Yes, a good law school does teach sound interpretation of laws so that students can apply any law. However, learning such a skill does not actually teach understanding of the 2A. It's up to the individual attorney to study the 2A to gain understanding. Such studying may or may not occur.

The California Bar, which is rather comprehensive, does not (or did not 8 years ago) touch upon the 2A whatsoever. However, I imagine with cases like Heller, things could change in modern times.
 
...And that he has had at least some study of the Constitution...

And also that he is the only anti I know who is (for the most part) intelligent, rational, and logical.

As I pointed out to him at the end of our exchange:
We share equally the desire to reduce the effects of violence on innocent people.

We just don't agree on how best to accomplish that.
 
As for your home defense - or rather your lack of same: I recommend a gun safe that is quickly accessable but requires you to come up out of grogginess to operate. I further recommend that you make some kind of arrangement with your son and his friends - either a signal, or a curfew, or something.

I think you are missing the main point - balancing risks. If I perceived that Risk #2 was high enough, I would make some effort to ameliorate Risk #1. But since I regard #2 as relatively low, I don't see much point in working at it.

Occasional anecdotal stories my don't risk analysis much. People also get struck by lighting, drown in 5 gallon buckets, etc.

As per your example - if your friends were caught in cross fire between two rival gangs, I am not sure what good a handgun would do. My advice - with or without a gun - is get the heck out the crossfire as fast as possible!

Mike
 
I think you are missing the main point - balancing risks.

I didn't miss the point...I understand you have done a risk/benefit analysis and decided the risk of being armed outwieghs the risk of being assaulted.

While I support your right - and my brother's right - to come to that conclusion...I just don't agree with your analysis. As I wrote:

I think your sense of safety, engendered by your "boring" life, is an illusion.

Anecdotal evidence based on other's experience - and even empirical evidence based on solid data - only goes so far in any analysis. Personal experience of anecdotal evidence is probably the most compelling. God forbid any of us should have to learn the hard way. Apparently, nothing has happened to you that convinces you of the risk of violent crime. That's good - I sincerely hope you remain so fortunate.
 
Bob, since he seems to be of the mind that "violence is NEVER the answer", you could try this quote I found awhile back on him...

"I have been repeating over and over again that he who cannot protect himself or his nearest and dearest or their honor by non-violently facing death may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden. He has no business to be the head of a family. He must either hide himself, or must rest content to live for ever in helplessness and be prepared to crawl like a worm at the bidding of a bully."

- Mohandas Gandhi (Young India, 11-10-1928, p342)

You can find some other quotes from him on his views here:

http://en.wikipedia.org/wiki/Gandhi#Nonviolence

Basically though, he thought non-violence > violence > cowardice, that not everyone is cut out for non-violence, and if you're not cut out for non-violence, violence is the next best choice. That's a really condensed version of his views on the subject, but it's generally accurate.

Either way, I thought that this might help your brother see the light (or at least see that people who aren't committed to non-violence should be allowed to defend themselves!). After all, to any non-violent activist or pacifist, the words of Gandhi should hold great weight.
 
Mathaios:
Thanks for the Gandhi quote. In fact my brother does call himself a pacifist, and invoked Gandhi in our discussion at one point.

I believe that Gandhi thought of non-violence as a tactic - the only effective one available to him - rather than as a superior moral philosophy.

On the other hand...after reading the wiki link for Gandhi...I see I may be mistaken.

"I would like you to lay down the arms you have as being useless for saving you or humanity. You will invite Herr Hitler and Signor Mussolini to take what they want of the countries you call your possessions...If these gentlemen choose to occupy your homes, you will vacate them. If they do not give you free passage out, you will allow yourselves, man, woman, and child, to be slaughtered, but you will refuse to owe allegiance to them."
 
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