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February 20, 2011

Gun Control

What Kind of Gun Control? Becker

The serious wounding of U.S. Representative Giffords and killing of 6 others this January in Tucson, Arizona by a young man using a semi-automatic pistol naturally stimulated considerable anguish. As in all other mass shooting rampages there were also immediate calls for greater gun control, so that guns could not get into the hands of individuals who might use them to kill many innocent victims. In this piece I will consider how successful gun control can be, and the best ways to implement any controls.

This would probably be a safer and better world if no civilians had any guns, aside from policemen, and perhaps some sportsmen, since guns are involved in the majority of murders, at least in the United States. I say "probably" because in such a world criminals would turn to knives, baseball bats, tire chains, even grenades on a very small-scale, and still other weapons. Potential victims, such as shopkeepers and residents of crime-ridden neighborhoods, would in self-defense also acquire similar weapons in order to defend themselves. Nevertheless, since guns are far more lethal than most other weapons, the number of deaths from crime and senseless violence would likely significantly decrease if neither criminals nor victims had access to guns. The total amount of crime would also tend to decline.

Unfortunately, there is no feasible way, certainly not in the United States, to go from the present world to a world without guns. It is estimated that some 60 million Americans own about 200 million guns. This implies more than one gun per American household. Naturally, such an average conceals enormous variation across households and communities. Gun ownership is uncommon in suburbs like Scarsdale and Winnetka, while most households have guns in the inner cities of major cities, like Chicago, Detroit, or Los Angeles.

It is not simply the immense number of guns that makes gun control so difficult, but also the fact that the great majority is illegal and not officially registered. Moreover, the supply of illegal guns is flexible and can be readily expanded as demand increases. Well-organized criminal gangs own the greatest number and have the most sophisticated types of guns. Indeed, drug dealer enterprises go far beyond guns to own explosives, rockets, and other weapons capable of large-scale killings. It is said that the drug cartels of Mexico have weapons that are usually more lethal than those available to most of the local police forces that are fighting the cartels.

In trying to reduce the number of guns in circulation, American states and cities can continue to tighten up on the legal ownership of guns by making the permissible reasons more stringent, such as a shopkeeper in a dangerous neighborhood, by increasing the background checks on applicants for guns to discover whether they have been convicted of crimes or have a history of violence, by requiring longer cooling off period before applicants can take possession of guns, and in many other ways. Undoubtedly, this would reduce the legal ownership of guns, and probably also total gun ownership.

However, despite some dramatic exceptions, the great majority of persons who own guns legally do not intend any criminal actions, nor are they likely to gun down innocent victims. So tightening legal gun ownership will do little to reduce the number of guns in the hands of criminals and unstable individuals. Indeed, it could increase the number held by would-be or actual criminals since the supply of guns available in the illegal market would increase, at least initially, as some of the guns that are pushed out of the legal market by more stringent controls would migrate to the illegal sector. While some criminals may decide they no longer need guns since victims would be less likely to have them, others who would not have used guns before might now decide that guns would give them a greater advantage in attempted robberies.

The most effective way to reduce the number of guns in the hands of criminals without reducing the number of guns legally owned is to punish persons who own guns illegally and those who use guns when committing crimes. Many jurisdictions already punish more heavily individuals who use guns while committing crimes, but it may be necessary to make that additional punishment more severe. The expectation that punishments will be severe to apprehended criminals who had used guns in their crimes will induce some criminals either to use less lethal weapons, or to go out of the criminal business entirely.

Punishing illegal possession of guns is also common. Here, however, a distinction should be (and is often) made between possessors who appear likely to either have committed or will commit crimes, and those who are clearly possessing guns illegally because they live in dangerous neighborhoods, or run shops that may be held up. The former deserve serious punishments, while the latter groups should be lightly punished.

So overall I do not believe that making the legal ownership of guns more difficult is likely to do much good, and could be harmful. I do see more promise in punishing illegal gun possession, and especially punishing severely persons who use guns to commit crimes.

Gun Control—Posner's Comment

There are two important lessons that can be drawn from Becker's discussion of gun control. The first is that a problem that is not dealt with in its early stages may become insoluble. It is not only the sheer infeasibility of removing 200 million guns from the American population, but also the emergence of a gun culture, that has ended hopes of disarming the population. The more people who own guns, the more other people will want to own them as well for self-defense; and the further ownership spreads, the more normal it seems. The ownership of guns has always been common in rural areas (the lower population density of the United States compared to Western Europe is an important reason why private ownership of guns is so much greater here), where there are hunting opportunities and police are spread thin. But now it is common in the rough areas of cities as well. Drug dealers cannot rely on police to enforce their deals and therefore have to arm themselves, and their law-abiding neighbors decide they had better be armed as well. (The news media create an exaggerated fear of violent crime, and this also contributes to the demand for guns by law-abiding people.) If population density continues to grow and the drug trade were legalized, gun ownership might begin to fall.

Gun purchases soared in the economic crisis from which we are now (it seems) recovering. Partly this may have been due to increased cash hoarding (the sale of safes also soared) and to an increase in property crimes, but it may have been due mainly to a generalized fear that increased the demand for symbols of security.

The second lesson is the unwisdom of the Supreme Court's recent decisions that have created—on the basis of a tendentious interpretation of the drafting history of the Second Amendment and an intellectually untenable (as it seems to me) belief in "originalist" interpretations of the Constitution—a constitutional right to possess guns for personal self-defense. The result is to impose a significant degree of nationwide uniformity on a problem that is not uniform throughout the nation. The case for private gun ownership is much stronger in largely rural states, such as Arizona—states in which there is a deeply entrenched and historically understandable gun culture and a rationally greater lawful demand for private gun ownership than in the suburban areas of the densely populated midwestern, northeastern, and mid-Atlantic states—than it is in big cities with high crime rates—cities that have long had very strict gun laws many of which may now be ruled unconstitutional.

Though gun ownership cannot be forbidden any longer, it can (even under the new constitutional regime) be regulated, as Becker emphasizes. Gun-registration laws aimed at denying gun ownership to lunatics and persons with a history of criminal activity, coupled with heavy punishment of dealers or customers who violate or evade the laws, should survive constitutional challenge. Federal "felon in possession" laws already provide for heavy punishment of persons forbidden to own a gun because they have been convicted of a felony, if they are caught with a gun in their possession. Loopholes in gun-registration laws, such as permitting the sale of guns at gun shows without requiring the screening of purchasers, can be closed. And punishment can be enhanced, even more than at present, for persons who use a gun in committing a crime. A reduction in the criminal use of guns would in turn reduce the demand by law-abiding persons, and as that demand fell so might the demand of guns by criminals, given stiff punishment costs. A virtuous cycle might be initiated that would lead eventually to a significant overall decline in gun ownership.