Rebuttal to the Candidates Responses on Gun Control

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rainbowbob

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I honestly did not think the issue of gun control would be debated…particularly in the Democratic Party debates. I didn’t watch the last one, but I found a transcript that I have perused…

http://www.realclearpolitics.com/articles/2008/04/the_pennsylvania_democratic_de.html

I can’t help but want to rebut their statements…so I will do so here:

The following is excerpted from the candidates responses in red and commented on by me in blue. The questions from the moderators are in green.

This may be too political for this forum, since it does concern specific candidate’s views on gun control. I’ll leave that up to the mods. I do think it is important to examine ALL of the candidates positions on this issue. It is important – as much for the Constitutional questions raised as the questions regarding self-defense.

Please: No candidate flaming that will result in an immediate thread-lock. Let’s keep it civil.

For the record…I consider myself a liberal independent – who has mostly voted for Democrats over the last 37 years. During that time I have closely questioned and criticized the motives and policies of the “other” party.

It has finally dawned on me that for most of that time, I have given the Dems a pass. I have accepted, often without question, the statements and policies made by them. Now that I have finally awakened to the importance of the 2nd Amendment - I realize it is time to question and criticize their motives and policies – and the results of those policies.

Mr Gibson: “…I would be remiss tonight if I didn't take note of the fact that today is the one-year anniversary of Virginia Tech. And I think it's fair to say that probably every American during this day, at one point or another, said a small prayer for the great people at that university and for those who died.

It also, I suspect, makes this an appropriate time to talk about guns. And it has not been talked about much in this campaign and it's an important issue in the state of Pennsylvania.

Both of you, in the past, have supported strong gun control measures. But now when I listen to you on the campaign, I hear you emphasizing that you believe in an individual's right to bear arms.

Both of you were strong advocates for licensing of guns. Both of you were strong advocates for the registration of guns.”


Senator Obama: “What I think we can provide is common-sense approaches to the issue of illegal guns that are ending up on the streets. We can make sure that criminals don't have guns in their hands. We can make certain that those who are mentally deranged are not getting a hold of handguns.”

How? Serious attempts have been made for more than 30 years to keep guns out of the hands of criminals. These attempts have been an unequivocal failure. Just like the bumper stickers predicted: In places like D.C and Obama’s Chicago where law-abiding citizens are banned from handgun ownership…only the criminals have guns. Violent crime has increased dramatically in those cities where guns were banned. In most other cities, violent crime has decreased.

It may seem counter-intuitive to some – but doesn’t the evidence point to the fallacy of these policies? Sen. Obama makes absolutist statements (i.e.,
“We can make sure”…”We can make certain”) ...with no evidence of any measure of success (never mind certainty) in more than 30 years of attempts to reduce crime by passing gun control laws.

Mind you, I also think we should attempt to keep guns out of the hands of violent criminals and the criminally insane (and anyone else who has forfeited their constitutional rights). But banning law-abiding citizens from possessing a means of self-defense is not only ineffective – it is unconstitutional.

Which brings up an issue even more important than a chicken in every pot and a gun in every pocket…Namely, the importance of upholding and defending ALL of our constitutionally protected rights. I want to emphasize the word “protected” as opposed to “granted”. The Bill of Rights does NOT enumerate rights granted by the government to its citizens. It enumerates rights that are “self-evident” conferred to us by our creator (and one need not believe in a creator to believe that these fundamental, self-evident rights existed before any government.)

No other government before (and perhaps since) has declared that the individual is sovereign, and that the government takes license from the governed – rather than the other way around. I consider this to be an extremely important distinction, and one that we have often lost sight of.

In order to insure these rights for ourselves, we are bound to support them for all citizens. That means we must support protection from unreasonable search and seizure for persons we suspect of loathsome acts. We must support the free exercise of speech of those whose ideas are loathsome to us. And we must support the right of “the people” (a very clear reference to individuals rather than “the states”) to keep and bear arms uninfringed, even if we consider guns to be loathsome.


“We can trace guns that have been used in crimes to unscrupulous gun dealers that may be selling to straw purchasers and dumping them on the streets.”

What is an “unscrupulous gun dealer”…what is a “straw purchaser”? These kinds of buzz words do not help clarify the issue – but they do serve to frame the issue in favor of the goal of the person using them.

If a person with the constitutional right to purchase a gun does so legally (the "straw buyer” – often a gang-banger’s girlfriend), and then transfers that firearm to a person who is restricted from possession, a crime has been committed by said buyer. How is the gun dealer in this example “unscrupulous”? Too often we accept this sort of word-play uncritically.

How do you prevent the crime described without infringing on the rights of law-abiding people? You enforce the laws already in place that make it a crime to provide a firearm to a person not legally entitled to possess one.


“The point is, is that what we have to do is get beyond the politics of this issue and figure out what, in fact, is working.”

Indeed! And we have to get beyond the politics to figure out what is NOT working, as well. How much more evidence will be required to determine that gun bans have been an unqualified failure?

“Look, in my hometown of Chicago, on the south side of Chicago, we've had 34 gun deaths last year of Chicago public school children. And I think that most law-abiding gun owners all across America would recognize that it is perfectly appropriate for local communities and states and the federal government to try to figure out, how do we stop that kind of killing?”

Again…How much more evidence, how many more innocent deaths will it take – to recognize that the policy of gun bans has NOT stopped the killing, and may have even caused it to increase?

In the interest of providing equal time to Sen. Clinton: Clinton’s words in redmy comments in bluethe questioner’s in green.

MR. STEPHANOPOULOS: Senator Clinton, you have a home in D.C. Do you support the D.C. ban?

Sen Clinton: The “D.C. Ban” refers to a ban on ALL private ownership of handguns in the city.

“You know, George, I want to give local communities the opportunity to have some authority over determining how to keep their citizens safe. This case you're referring to, before the Supreme Court, is apparently dividing the Bush administration. Well, what I support is sensible regulation that is consistent with the constitutional right to own and bear arms."

The case, D.C. v Heller, is being considered by the Supreme Court and will probably be decided in June (just in time for the national debates…hmmm). The decision might finally resolve the question whether the words “the people” in the 2nd Amendment refers to individuals or states. The right of self-defense was hardly a matter of debate by the framers, or by the state’s constitutional framers, which I believe in most cases clearly refer to individuals having the right to keep and bear arms.

MR. STEPHANOPOULOS: Is the D.C. ban consistent with that right?

“Well, I think a total ban, with no exceptions under any circumstances, might be found by the court not to be. But I don't know the facts. But I don't think that should blow open a hole that says that D.C. or Philadelphia or anybody else cannot come up with sensible regulations to protect their people and keep, you know, machine guns and assault weapons out of the hands of folks who shouldn't have them.”

“As a general principle, I believe that the Constitution confers an individual right to bear arms. But just because you have an individual right does not mean that the state or local government can't constrain the exercise of that right.


If you "reverse-engineer" Sen. Clinton's first convoluted statement by removing the double negatives, it would go something like this: "Well, I think a total ban, with a few exceptions under very limited circumstances, might be found by the court to be...[...consistant with the 2nd Amendment]."

Sen. Clinton states that
“…the Constitution confers an individual right…” This language infers that the Constitution grants said right. The Constitution does no such thing. It does, however, recognize the right as pre-existing to the Constitution, and protects that right from infringement. This is not a trivial point – and applies to all of the rights recognized by the Bill of Rights.

She says:
“...I don’t know the facts...” Nonetheless, she is willing to suggest regulations and restrictions, regardless of her ignorance of the facts. She suggests that legislating against “...assault weapons...” will keep them “…out of the hands of folks who shouldn’t have them…”

Let me point out that assault is a crime – not an inanimate object. This is another example of framing the debate by using language that vilifies objects and/or people that use those objects for lawful purposes. It is already illegal to commit assault with any weapon, including a stick. Persons that do so should be arrested and prosecuted.

Let me also point out there is no evidence that gun control laws have kept firearms out the hands of the folks who shouldn’t have them.

Hunters, sportsman, and yes – homeowners – use weapons that fire multiple rounds from clips for lawful purposes. This does not constitute “assault”. These are correctly called “semi-automatic” because they do not require that the weapon be cocked each time it is fired. They do require a separate pull of the trigger for each round fired. This is no different than most revolvers. These are not “machine guns” which fire continuous bursts with one pull of the trigger.

I realize this is far more than most non gun owners want to know about the operation of firearms. It is also more than most legislators want to know. And yet they are constantly proposing more and more legislation based on this woeful lack of knowledge – and citizens with an equally woeful lack of knowledge are asked to vote on those proposals.
 
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Officers "outgunned?"

I think your post was thorough and strong, Bob. It's important for gun-owners to educate folks who may not understand the factual basis for positions counter to those of gun control advocates. Senator Clinton made the claim that police officers are getting "outgunned on our streets," suggesting that the passage of a new AWB would be a pro-police act. The executive report I read on gun control circa June 2004 made no indication that the ban had a substantial effect on the use of banned rifles in violent crimes. I'm going to contact my local police to see their opinion and I would suggest you do the same. I haven't been able to find much in the way of media coverage, so maybe hearing it from the source will yield more information.
 
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Thanks, Ninja. So far I have sent this to my "anti" brother with whom I have sort of a running debate. I also would be interested to know more about the effect (if any) of the AWB.
 
Analysis

Bob, thanks for the analysis.

The only flaw I see at a glance is the use of terms like "gun violence," "gun crime," and "gun deaths." Inasmuch as we don't declare the weapon in cases of "knife crime," "beer bottle crime," baseball bat crime," and so on, it is clearly a mistake to crate noun phrases where "gun" is the modifier.

However, as you noted, this analysis treads on the border of politics.

Does this convert to activism?

Is there a course of action that can be derived from the above?

Anyone?
 
The only flaw I see at a glance is the use of terms like "gun violence," "gun crime," and "gun deaths."

Good point. I changed my references of "gun crime" to "violent crime" (at least those that I could find).

Does this convert to activism?

Is there a course of action that can be derived from the above?

I originally wrote this to my brother as an exercise in logical analysis of the candidates recently stated positions on gun control. I did this in an attempt to sharpen my own position - and in the hope that my brother and others who have uncritically accepted gun control arguments might reconsider their own positions.

I realize I am preaching to the choir here at THR. We do however get plenty of visitors that might be persuaded to consider whether "common sense" and "'reasonable" gun contol schemes are either sensible or reasonable.
 
This was well thought out and unusually civil as far as politics around here goes.

Thanks! I've got to make my arguments as smart and civil as possible for my brother - otherwise I lose the debate before I get started.
 
If a person with the constitutional right to purchase a gun does so legally (the "straw buyer” – often a gang-banger’s girlfriend), and then transfers that firearm to a person who is restricted from possession, a crime has been committed by said buyer. How is the gun dealer in this example “unscrupulous”? Too often we accept this sort of word-play uncritically.

In defense of someone making such a statement; there was a local gun dealer where I live that sold 10 assault weapons to a young girl and I dont remember if she answered the "is this purchase for your own use" honestly but common; sometimes it's just obvious purchases are ultimately for thugs. The purchase was fraudulent and the gun dealer, rightfully so, was busted and I think closed down. I agree with that action.
 
rainbowbob presents a very reasoned and thoughtful analysis of the candidates' statements. I think this is a great read that would benefit any citizen by informing them.

ArfinGreebly: Does this convert to activism?
Gunnies especially must have a sound understanding of the candidates' positions on RKBA so they can educate their fellow citizens and back up their vote with reason.

It would be a mistake to assume every person on this forum is so informed.

ArfinGreebly: Is there a course of action that can be derived from the above?
Yes. Read and process this information and inform a friend. Most of all, be an informed voter.

This analysis furthers that purpose.
I think locking this thread would do a disservice to THR readers by burying an honest rebuttal to these two candidates' positions.

So please - regardless of which candidate or party you support - don't turn this into a political name-calling contest. Candidates' position on RKBA will effect this country for decades to come.
 
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This is a great post; it's a shame our government officials aren't bombarded with letters containing same of that language on a regular basis. Another thread here states that there are over 80 million gun owners; why aren't 80 million letters being sent to lawmakers on a regular basis?

What scares me more than anything right now is that we know what's facing us soon; will we wait and see or stop it before it happens?

I wrote a PA Senator and reminded him of the language of the Constitution "the right of the people to keep and bear Arms, shall not be infringed" and asked him why there is ever governmental conversation on the subject; their hands are tied.

I have to admit, I'm still waiting for an answer which is my answer. But we need to not put up with our voice not being heard. Their job is still to represent our desires and protect the Constitution, yet they spend all day trying to figure out how to take our Constitutional rights away by playing word games and pretending they haven't decided what that amendment really says. Hogwash:banghead::fire::cuss:
 
I agree with shdwfax. This is precisely the sort of post that does a huge credit to The High Road.

Now, anyone who replies to it is on notice not to drag it down to The Low Road.

rainbowbob - Well said, sir. I hadn't realized that these questions had been asked. Although I'm not at all surprised by the answers, I think you've done a service to the public by dispassionately dissecting the words they used. People of all political stripes should really carefully parse what the candidates are saying and take them at face value. Literally, in other words. When the candidate says that they believe in an individual right to bear arms for sporting purposes, that does not mean that they're pro-gun. That means that they're pro-sporting purposes. We have to be careful not to allow ourselves to make decisions based on carefully crafted side-stepping phrases.

Thanks again.
 
Can we PLEASE stop with the political posts?

Please. I'm trying to be cool, and ask nicely. I don't care who ends up hating me, the facts are that the owner of this board (Oleg) and the mods have specifically stated that political threads are no longer on-topic for THR, and are to be taken to APS instead. Nobody is telling you that they aren't allowed to be posted anymore - they're just not allowed here. Why can't people respect that? Why are those of us who want to keep THR politics-free treated like what we want (and what the rules clearly state) doesn't matter?

I can understand that many here want to be able to discuss the politics and politicians in regards to the 2A, but there are those of us who come here to escape that for awhile as well. Are we not as important? Do we not deserve the same experience on THR as you? How about just following the rules, and taking this one subject to APS and doing the High Road thing?
 
Sorry kingpin, I'm new to the site. What was the APS you referred to? I read all the stickies and the rules and don't recall seeing another site. I may have read too quickly. I'll check back.
 
Ninja - No worries. You're not the one causing issues. Truth be told, it's not one specific person, it's just the fact that many members here seem to either not care about the rules and the other members who enjoy things the way they are, or just are too dense to notice they keep breaking the rules.

Whichever it is, is not my place to speculate upon. The fact of the matter though, is that there are indeed rules against certain subjects (politics being one of them) being posted here.

To answer your question, APS stands for Armed Polite Society, which is the sister forum to THR. Their web address is http://armedpolitesociety.com for future reference. Take care, and welcome to THR!
 
Thanks WCB, never saw it. Oddly enough, APS uses the exact same color scheme and BBS system as a forum my class uses for AP European History.
 
...the mods have specifically stated that political threads are no longer on-topic for THR...

Political threads in which various candidate are either promoted or bashed are clearly off-limits. It was/is not my intent to circumvent the rules at THR.

Please use this forum (Acitivism) to coordinate and work together. This is the place to organize to get things done. Use this forum for campaigns, legal gatherings, letter writing, talking points to push on the media, and things of this nature.

Although this thread has been moved out of Activism, I believe it does fall within the intent of that category based on the highlighted criteria. I have no problem with it being moved...or for that matter with it being locked if the mods so decree. I will continue to put out my thoughts and opinions with the best intentions. If I fall afoul of the rules at THR, despite my intentions, I trust the mods (who do an excellent job) will make the necessary corrections.
 
kingpin:
Can we PLEASE stop with the political posts?
...there are those of us who come here to escape that for awhile as well...
....How about just following the rules, and taking this one subject to APS

A mod has already dropped by and is monitoring. So far, the discussion has been very High Road and contributes to activism, so I think it is on topic. Too, if you feel the need to escape, you don't have to participate in these discussions.

APS doesn't get anywhere near the readership and breadth of opinion found on THR.

...back on topic.
 
APS doesn't get anywhere near the readership and breadth of opinion, and you don't have to read these posts if you need to escape.

So it's ok for someone to post what they want because they "think it's on topic", but if I have a problem with it I have to just ignore it? That seems a little one-sided, don't you think?

I shouldn't have to just grin and bear it when people post off-topic threads on boards I enjoy. There are rules for a reason. Believe me, if everyone was allowed to post threads that they wanted to, and "thought were on topic", we'd be innundated with what-gun-for-liberal-barack-obama-zombie-squirrel" threads. The answer is not telling those of us who stay on topic and follow the rules to "don't read it if it bothers you", the answer is to follow the rules and post topics in the appropriate forums. The appropriate forum for political threads (most of them, at least) being APS.

I'm not trying to start a fight with you, I can appreciate that there are topics that people wish to discuss here that they can't, but there's a reason for that. The fact that APS does or doesn't get as large a readership as THR doesn't really do anything to help your argument. You can't pick and choose where to post your threads based on how many readers read the forum - you have to follow the guidelines of the sites you visit.
 
Well, in the vein of converting this from "just political" to actual activism I've borrowed rainbowbob's notion and created my own similar assessment along with questions which I am then sending to the candidates, several local news agencies, and (just for the fun of it) I'm also sending a copy to the Brady bunch).

Will post with any replies/responses.
 
...back on topic.

Just to play devil's advocate, what about the Israeli system?

My understanding is that unless you are Jewish or Druze - eligible to serve in the military - it is almost impossible to get a weapons permit. Compared to the US, they have many restrictive gun laws that we would not appreciate. However, in their unique situation, this system may be warranted.

In spite of this, 10% of the population has a permit to carry and they are one of the most armed societies in the world.

Point is, strict restrictions on access to guns (for arguably good reasons) do not necessarily have to prevent an armed society.

In the US, would it go too far to require that to own or carry a firearm, you must have so many hours per year of training and periodic background checks?

(NOTE: not saying I support that, but in light of the "reasonable restrictions" the candidates are proposing, would that qualify?)
 
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