[net.politics] Gun Control - and Goetz

steiny@scc.UUCP (Don Steiny) (01/26/85)

***

	The following article appeared in Jan. 10 Wall Street
Journal.  It is by a *liberal* civil rights lawyer  and a former
member of the San Francisco Board of Supervisors.

	It has several interesting statistics.  For instance,
legal gun use by citizens in self-defense EXCEEDS use by criminals.
There would be 50,000 more violent crimes per year if not for
armed citizens.

--------

	Gun Control and the Subway Class
	    	By Carol Ruth Silver
		And Don B. Kates Jr.

	The legality of the actions of the "subway vigilante" 
cannot be determined until all the facts are in.  What is already
clear is that the New York officials denouncing him misconceive
the law of self-defense.

	The term "vigilantism" is bandied about as if there were some
basic disctinction between use of force by police and by citizens--or
something wrong about citizens defending themselves.  Of course it is
wrong for either a citizens or police to take the law into
their own hands, to injure as a form of summary and private 
punishment, rather than  only as necessary to repel crime.  Such is
the essence of vigilantism, and, in this century at least, it is
a phenomenon associated more with our police than our citizenry.
After all, the armed citizen knows that if he shoots, his 
claim of self-defense will be rigorously and scrupulously 
investigated, whereas police excess of force is regulary whitewashed.

A Cruel Irony
- ----- -----

	A subway rider attacked by armed criminals has every right 
to shoot in self-defense.  But New York City effectively prohibits
him from carrying a gun to shoot with.  Indeed, a first-offense
mugger generally will recieve less actual jail time than New York
make "mandatory" for the subway rider who carries a gun--unless
the rider has a gun permit.  The cruel irony is that  (notwithstanding
the city's failure to protect him) the kind of citizen     who rides
the subway does not have the extraordianary influence necessary to
get a gun permit in New York City.

	Wthe secrecy in which the Police Department has long
held the permit list became understandable when in 1981
the courts ordered the list's disclosure to the media.
The New York Daily News       summarized those listed 
as "entertainers, publishers, media stars, politicians of
all stripes. . . ."  Privileged to receive carry permits
were the late Arthur Godfrey, Laurence Rockefeller,
Lyman Bloomingdale, William F. Buckley Jr. and a host
of lesser known luminaries, some of them public supporters
of the anti-gun movement.

	Probably the most striking example of such a contradiction
was Arthur Ochs Suizberger, publisher of the New York Times--which
editorialized that "most civilians, whatever their income 
level, are likely to lack the training and alertness 
(to use) a gun to stop an armed criminal."  (The 
Times has resolved th contradictins by deciding the story
about privileged and prominent anti-gun permit holders
is not fit to print).

	The point is not simply that New York City's harsh
gun laws (it is somewhat less arduous to obtain a permit
for a gun in one's home) leave loopholes for the influential,
powerful or wealthy; such people find loopholes in any law.
The point is that such loopholes have particularly corrosive
effects on gun laws.  How can citizens condemmed to live
in dangerous areas and ride subways be persuaded to give
up  handguns they believe essential to their families'
security when people who travel in limousines and live in
high-security buildings can keep theirs?  How can that belief
be eradicated when opinion leaders who publicly disparage it
turn out to hold it themselves?

	In any event, citizens are right to believe that 
handguns have essentially te same defensive value for them
as for police.  A nationwide comparative study conducted
by Mr. Kates at St. Louis University School of Law found that
police succeeded in shooting, wounding or driving off
criminals 68% of the time, while 83% of the armed citizens
succeeded; 21% of the officers and 17.8% of the citizens
were wounded or killed.  Incidentally, 11% of the 
police shooting but only  2% of those armed by citizens 
involved innocent people misidentified as criminals.

	Criminological studies  also demonstrate that
citizens are more likely than police to need a handgun
for self-defense.  Particularly in urban areas, armed
citizens annually encounter, and kill, as many as three
times  more violent felons than do police.  Using
survey data (collected, incidentally, not by the gun
lobby, but by anti-gun organizations), criminologists
concluded that instances of lawful defensive gun use
by citizens actually exceeded gun misuse by felons.

	Surverys of prison inmates confirm the frequency of
criminals being routed by armed citizeens--so much so tat many
felons eschew violent crimes like robbery in favor of non-confrontational
ones like auto theft.  From a recent nationwide survey of
state prisons, Massachusetts University's Social and Demographic
Research Institute estimates that there would have been about
50,000 more violent felonies each year but for criminals's 
fear of armed citizens.

	As to whether handgun availability causes domestic and
acquaintance violence, the most exhaustive and comprehensive study
is the one recently done for the Justice Department.  Painstaking
analysis of the entire corpus of scholarly literature through
1978 caused th panelists to repudiate the anti-gun feelings they
admittedly started with: "There is no persuasive evidence that . . .
criminal violence, especially homocide, occurs simply because 
firearms are readily at hand [or] . . . that much homocide
would not occur were firearms less readily available."

	Supporters of handgun prohibition forfeit the argument
by claiming  that it will reduce the acquaintance and domestic
homicide they blame on the ordinary citizen, while conceding 
it will not disarm criminals.  It is not the ordinary citizens,
but rather the most aberrant and unstable amont the criminals
who kill relatives and acquaintances just as they occasionally
kill the stranger they rob or rape.  Two-thirds of all murderers
had prior major felony records; and research about the other third
shows them to be just criminals against whom charges were never
brought.  For instance, a Kansas City study found that
in two years previous 90% of domestic homicides, police had
to be called to the individual perpetrators' homes to stop
beatings; in 50% of the cases, there had been five or more
prior police visits in two years.  Criminal violence is something
ordinary citizens use handguns to defend against, not to commit.
	
	Of course all guns (not just handguns) should be stringently
prohibited to felons, juveniles and the mentally unstable.   Mandatory
minimum jail terms for theft or fencing of guns also deserve 
experimentation.  Moreover, even for responsible citizens, strict,
nondiscriminatory regulation of who may carry a gun is necessary.

Detailed, Written Test
--------  ------- ----

	The citizen who carries a gun on the street faces a much different
situation than is his hom, where he may be reasonably presume that
a felon breaking in is dangerous.  Carry permits should be issued
only to those (regardless of their wealth, prominence or influence)
can pass a detailed, written test on how our law restricts the
use  of eadly force in various situations.

	*Rational* gun control is a necessity.  But New York City's
long history prohibiting ordinary, responsible adults the only 
realistic means of self-defense in *not* rational.  The crimonoligical
evidence suggests that issuing carry permits to qualified, 
responsible, citizens could substantially reduce subway violence.
Before rejecting this in horror, New York officials should reflect
on the proven failure of approaches that have so far appealed to
them.

-- 
scc!steiny
Don Steiny - Personetics @ (408) 425-0382
109 Torrey Pine Terr.
Santa Cruz, Calif. 95060
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