Le
point de vue de la NRA
ILA Research & Information Division 23/03/99
The War Against Handguns
General
Americans own between 60-65 million handguns -- 1 of every 3 privately owned guns. (Firearm
production, import and export data from BATF; criminologist Gary Kleck, Targeting Guns
[1997] and the American Firearms Industry; and survey data from James D. Wright, et al., Under
the Gun [1986])
More than one million new handguns are manufactured (and not exported) and imported each
year. (American Firearm Industry, amfire.com)
One of every four households has one or more handguns. (Analysis of surveys,Gary
Kleck, Targeting Guns [1997])
Handguns, like rifles and shotguns, are widely used for target shooting,
self-protection and hunting, and many are of interest to collectors and reenactors.
Handguns, Target Shooting, and Hunting
Each year, millions of American handgun owners engage in informal target shooting;
hundreds of thousands participate in thousands of handgun matches. Handgun sports have
grown dramatically in the last thirty years. Handguns are used for hunting in 45 states.
Defense Against Criminals
- Handguns are used for protection against criminals nearly two million times per year, up
to five times more often than to commit crimes. ("The Frequency of Defensive Gun
Use," in Don B. Kates and Gary Kleck, The Great American Gun Debate [1997])
- People who use guns to defend themselves are less likely to be attacked or injured than
people who use other methods of protection or do not defend themselves. (Criminologist
Gary Kleck's analysis of Nat'l Crime Victimization Surveys, in Kates and Kleck, The
Great American Gun Debate [1997])
- The laws of all 50 states recognize the right to use armed force for defense. The U.S.
Constitution and 44 state constitutions protect the right to use arms for defense.
Handgun Bans and Racism
- In America, efforts to ban handguns -- especially those to ban so-called "Saturday
Night Specials" -- have historically been aimed at Blacks. (Post-bellum Black
Codes, Tennessee Army & Navy Law, etc.)
- Blacks and persons in the lowest income bracket are the most likely violent crime
victims. (Bureau of Justice Statistics, Michael Rand, "Criminal Victimization
1997, Changes 1996-97 with Trends 1993-97," Dec. 1998)
Handguns, Self-Defense and Public Opinion
- By an 8:1 margin, Americans believe you have the right to use a handgun to defend
yourself in your own home. By a 3:1 margin, people believe that to fight crime, getting
tough with criminals is more effective than banning guns. (Survey of voters, Lawrence
Research, 1998)
Handgun Ban Failures
- Washington, D.C.'s homicide rate more than tripled after the city banned handguns. D.C.
consistently has the highest homicide rate among major U.S. cities. (FBI)
- Chicago banned handguns in 1982 and in a decade homicides with handguns more than
doubled. (Chicago Homicide Dataset) Chicago has the fourth highest homicide rate among
major U.S. cities. (FBI)
There are 60-65 million privately owned handguns in the U.S., about one-third of privately
owned firearms.1 Each year, more than one million new handguns are manufactured (and not
exported) and imported.2 One of every four households has at least one handgun.3 Like
rifles and shotguns, handguns are commonly used for target shooting, hunting, and
self-defense, and many are of interest to collectors and those who reenact historically
significant military battles in which firearms played a major role. Of NRA's 38,000
Certified Instructors, 29,000 are certified in handgun disciplines.
Target Shooting Each year, millions of American handgunners enjoy the most common
target shooting sport, recreational "plinking." They practice for or compete in
marksmanship competitions, "sight in" their guns in advance of hunting season,
test the accuracy of handloaded ammunition, or perfect personal protection skills.
Hundreds of thousands of Americans participate in thousands of local, state, regional and
national handgun matches annually, using a wide variety of pistols and revolvers in a
broad range of formal competitive disciplines. These activites typically occur at the
10,000 NRA-affiliated state and local shooting clubs and associations or at commercial
indoor and outdoor ranges and designated military ranges.
NRA Bullseye and UIT (International Shooting Union) disciplines have been established
for generations, while a variety of other target shooting disciplines have evolved during
the last several decades. Ten types of NRA Action Shooting matches and action-oriented
events held under International Practical Shooting Confederation rules test the ability of
handgunners to fire at a variety of stationary and moving targets, at a variety of
distances, from a variety of shooting positions, usually "against the clock."
Center-fire and rimfire metallic silhouette matches conducted under NRA or International
Metallic Silhouette Association rules add a hunting-oriented dimension to handgun target
shooting. Cowboy Action Pistol matches challenge shooters' proficiency with single-action
revolvers first introduced during the 19th Century. Muzzleloading pistol matches call for
handguns whose design predates fixed, metallic cartridges. The NRA Competitive Shooting
Division sanctions more than 12,000 shooting tournaments and sponsors over 50 national
Bullseye, Action, and Silhouette pistol championships each year.
Recognizing the growth of handgun sports and advent of related equipment, Tom Griffin,
Manager of the Lyman Products Ballistics Laboratory writes, "Over the last 30+ years
handgun sports have grown faster than any other segment of the shooting world. . . . All
of this activity has led to major advancements in the design of handguns themselves. It is
hard to believe that something we take for granted today, stainless steel handguns, have
only been available since the mid-sixties. Other items such as fully adjustable, precision
sights, recoil absorbing rubber grips, handgun scopes, red-dot sights, laser sights, etc.,
have all been developed to meet the needs of the increasingly difficult handgun
disciplines. Many of today's handgunners can make shots that were unheard of years ago
because of their advanced equipment and participation in today's demanding sports."4
Acknowledging the growth of handgun shooting sports in a 1998 report to Congress, the
Bureau of Alcohol, Tobacco and Firearms (BATF) noted, "The handgun has developed as a
sporting firearm used in both target shooting and hunting." Among contributing
factors, BATF cited renewed interest in the single- action revolver, the development of
new cartridges for field use, and the popularity of silhouette pistol shooting giving rise
to specially designed handguns. Indicating the widespread use of handguns for target
shooting and hunting, BATF noted that approximately 460.4 million rounds of center-fire
handgun ammunition are manufactured in the U.S. each year, more than three billion rounds
of .22 caliber rimfire ammunition (used in handguns and rifles) are manufactured in the
U.S. or imported each year, and another 1.6 billion rounds of ammunition above .22 caliber
(for handgun and/or rifle) were imported in 1996.5 Additionally, each year about 425
million rounds of center-fire ammunition are handloaded by individual gun owners for
personal use.6
For more information on target shooting and a schedule of upcoming matches, contact the
NRA Competitions Division at 703-267-1450 or, on the web, at NRA.org, or refer to the
NRA's monthly "Shooting Sports, USA" publication. See also Lyman Pistol &
Revolver Reloading Handbook, Second Edition, 1994, pp.8- 9, 86-96. Lyman's website is
lymanproducts.com.
Hunting Ð In NRA's 1998 Whitetail Hunting Survey, 17% of respondents said they
had hunted with a handgun during the current season. The May 1993 MRI Customized
Readership survey found that for each type of game in question, between 8-10% of hunters
had hunted with a handgun during the past year. Forty-five states allow hunting with
handguns. In its report to Congress, BATF noted, "While any handgun could be used for
hunting small game at short distances, hunting handguns tend to vary in caliber from .22
to .45, depending on the size of the game being hunted," though "some
single-shot handguns . . . are chambered for rifle-type ammunition" commonly used for
hunting. BATF also noted that the increased popularity of hunting with handguns led to the
introduction of new calibers of handgun ammunition.7
Self-Defense Ð In a landmark survey, criminologist Gary Kleck found that
handguns are used in about 2/3 of 2.5 million annual defensive firearm uses.8 Analyzing
Nat'l Crime Victimization Surveys, Kleck found that people who use firearms to defend
themselves are less likely to be attacked or injured than people who use other or no
protective methods. Protection method and percents of individuals injured included: Used
gun Ð 17.4%, Used knifeÐ 40.3%, Used other weapon Ð 22.0%, Used physical force Ð
50.8%, Tried to get help, frighten offender Ð 48.9%, Threatened, reasoned with offender
Ð 30.7%, Nonviolent resistance, (including evasion) Ð 34.9%, Other measures Ð 26.5%,
Any self-protection Ð 38.2%, No self-protection Ð 24.7%. Kleck also found that "at
most, 1% of defensive gun uses resulted in the offender taking a gun away from the
victim," including instances in which burglars stealing guns from homes are
confronted by homeowners armed with other guns.9
In its report to Congress, noted above, BATF also recognized the utility of handguns
for self-defense. "Self-defense handguns are generally small, lightweight revolvers
and semiautomatic pistols, varying from .22 to .38 caliber," BATF stated. "Many
of these firearms are available in .25, .32, .380, and 9 mm caliber. Some of the better
quality self-defense handguns are also used for target shooting."10
Some believe private citizens do not have the right to use guns to protect themselves
against criminals, nor to possess guns for that purpose. Sarah Brady, Chair of Handgun
Control, Inc. (HCI), has said, "the only reason for guns in civilian hands is for
sporting purposes."11 HCI's first Chairman, Pete Shields, said crime victims should
"put up no defense - give them [the criminals] what they want . . ."12 According
to Dennis Henigan, of HCI's Center to Prevent Handgun Violence, self-defense is "not
a federally guaranteed constitutional right."13.
Weighing positive uses of handguns against criminal misuses Ð Handgun ban
advocates argue that handguns are the type of firearm more likely to be used in crimes --
for example, 53% of homicides in 1997, according to the FBI.14 However, as noted, guns are
used for defense against criminals three to four times more often than they are used to
commit crimes. Various studies produced by researchers with a record of anti-gun
viewpoints have alleged that handguns (and other firearms) kept for protection against
criminals are more likely to be used against family members, but scholars have faulted the
researchers' methodology. Gary Kleck explains the most serious of such studies' many
flaws: "[T]he benefit of defensive gun ownership that would be parallel to innocent
lives lost to guns would be innocent lives saved by defensive use of guns. As
previously noted [in Kleck's book], less than one in a thousand defensive gun uses
involves a criminal being killed."15 Assailing a larger body of handgun
prohibitionist literature produced by public health activists, civil rights attorney Don
B. Kates has written that "[A]nti-gun health advocacy literature is a 'sagecraft'
literature in which partisan academic 'sages' prostitute scholarship, systematically
inventing, misinterpreting, selecting, or otherwise manipulating data to validate
preordained political conclusions."16
Gun Bans Throughout History Ð Restrictions on private possession of weaponry
have typically been imposed out of fear that specific groups of people (generally based
upon race, religion, or economic class) might threaten the power of the ruling class.
"In medieval Europe the people were almost completely disarmed. When pikes and long
bows were being displaced by new developments in firearms these new weapons were too
expensive for the people. Furthermore, the rulers feared them in the hands of men who were
being stirred by a renaissance of the arts and of the human spirit."17
The example of England is particularly instructive for those who are concerned about
the past and future of the right to arms in the United States. In England, "the issue
of whether the individual possessed any right to have and use arms for defense of person
and property figured prominently in the conflict between commoner and king."18 For
example, "Henry II's Assize of Arms of 1181 detailed the types of weapons which
[free] persons of various rank were expected to have on hand" with which to defend
the king,19 but "ordered the surrender of coats of mail and breastplates owned by
Jews."20
"In 1670, for the first time in English history, Charles II sought to deprive all
commoners of all firearms by legislation. . . . James II carried on the same policy of
increasing the size of the standing army and disarming the populace, particularly
Protestants. A paramount aim of the Glorious Revolution of 1688 was to abolish the
standing army of James II and to reinstate the right of Protestants to keep and carry
arms."21 "[B]y Blackstone's time [the eighteenth century], the right to bear
arms, and specifically firearms, was a well recognised element of the Constitution,
existing quite separately from the obligational aspect."22
In language echoed within a decade in America's Declaration of Independence and Bill of
Rights, Sir William Blackstone, "the noted eighteenth century jurist, whose writings
on English law formed the basis for legal schooling in the colonies throughout the
Revolutionary period, and for many years into the nineteenth century,"23 wrote that
the rights of Englishmen "consist, primarily, in the free enjoyment of personal
security, of personal liberty and of private property" and that to protect their
rights, "the subjects of England are entitled, in the first place, to the regular
administration and free course of justice in the courts of law; next, to the right of
petitioning the King and Parliament for the redress of grievances; and lastly, to the
right of having and using arms for self preservation and defence."24
"As the twentieth century opened, the British people were free to keep and bear
any firearms they chose. But their resistance to gun controls finally cracked during and
immediately after World War I. In 1914, "Defense of the Realm Regulations" were
imposed, requiring a license for retail purchases of pistols, rifles or ammunition. Fears
of a post-war communist revolution by the working classes led to discussions by senior
government officials aimed at extending the restrictions after the war's end. "'It is
not inconceivable," [minister of transport Sir Eric] Geddes warned, ' that a dramatic
and successful coup d'etat in some large center of population might win the support of the
unthinking mass of labour.' . . . Using the Irish gun licensing system as a model, the
cabinet made plans to disarm enemies of the state, and prepare arms for distribution if
necessary 'to friends of the government.'"25
Thus, Parliament in 1920 imposed a Firearms Act imposing licensing restrictions like
the "needs-based licensing" ones proposed for the United States by Handgun
Control, Inc., immediately after passage of the Brady Act in 1993. "The distinctive
features [of the British provisions of 1920] are the wide-ranging discretion accorded to
chief constables and the burden laid upon the applicant to 'satisfy' the chief constable
both as to his personal suitability and as to his legitimate requirement for the firearms
or ammunition applied for."26 Thereafter, the 1988 Firearms Act prohibited
semi-automatic and pump-action rifles and semi-automatic and pump-action shotguns with a
magazine capacity of more than two rounds, and imposed "needs-based licensing"
and registration on other shotguns. In February 1997, all handguns except single-shot .22s
were banned. Later in the year, single-shot .22 cal. pistols were banned, making Britain's
handgun ban complete. Anti-gun lobbies in Britain today push to ban the relatively few
rifles and shotguns that remain.
Handgun Bans in the United States Ð In America, the first efforts to prevent
the ownership of firearms and, in particular, handguns were aimed at Blacks. The French
Black Code (1751) required Louisiana colonists to stop and, "if necessary," beat
"any black carrying any potential weapon. . . ." After Nat Turner's rebellion in
1831, the Virginia legislature made it illegal for free blacks "to keep or carry any
firelock of any kind, any military weapon, or any powder or lead." In 1834, Tennessee
revised Article XI, Section 26 of its Constitution to read "That the free white men
of this State have a right to keep and bear arms for their common defense," inserting
the words "free white men" to replace "freemen," whose rights were
protected when the Constitution was ratified in 1796.27
Mass production techniques lowered the cost of many products, including firearms.
Following the Civil War, gun prices fell within the budgets of average citizens, including
former slaves who, freed, were entitled to exercise the right to arms, long considered one
of the features distinguishing citizenship from servitude. As the Supreme Court had ruled
in Dred Scott v. Sanford (19 How. 393, 1857), "It [citizenship] would
give to persons of the negro race, who were recognized as citizens in any one State of the
Union, the right to enter every other State whenever they pleased . . . and it would give
them the full liberty of speech in public and in private upon all subjects upon which its
own citizens might speak; to hold public meetings upon political affairs, and to keep and
carry arms wherever they went."
To prevent Blacks from arming themselves, southern states enacted the Black Codes,
which "fixed the black population in serfdom, denying all political rights, excluding
them from virtually any chance at economic or social advancement Ð and, of course,
forbidding them to own arms."28 Following ratification of the 14th Amendment (1868)
and enactment of the Civil Rights Act (1875), several states responded by passing laws
which on their face were race-neutral, but which in effect were not. Attorney Robert
Dowlut has observed, "It does not matter that a law on its face applies to all. A law
will be deemed unconstitutional if the 'the reality is that the law's impact falls on the
minority.'"29
Among these laws, the forerunners of modern "Saturday Night Special"
legislation, was Tennessee's "Army and Navy" law (1879), which prohibited the
sale of any "belt or pocket pistols, or revolvers, or any other kind of pistols,
except army or navy pistol" models, among the most expensive, and largest, handguns
of the day. ( E.g. Colt Model 1960 Army, Model 1851 Navy, and Model 1861 Navy percussion
cap revolvers, or Model 1873 Single-Action Army revolver.) The law thus prohibited small
2-shot derringers and low-caliber rimfire revolvers, handguns that most Blacks could
afford.
20th Century Anti-Handgun Efforts in the U.S. Ð In 1911, New York passed the Sullivan
Law, which to this day requires a person to obtain a license, issued at the discretion of
police officials, to possess a handgun. The law was aimed at preventing handgun ownership
by Italians and Irish immigrants of the period, then considered untrustworthy by New York
legislators with different bloodlines.
The National Firearms Act (1934), as originally proposed, would have required
registration of handguns. As passed, the law imposed that requirement on only
fully-automatic firearms and short-barreled shotguns and rifles. While consideration had
been given to banning those firearms altogether, President Roosevelt's Justice Department
believed a ban would have violated the Second Amendment.
In 1968, Congress passed the Gun Control Act, ostensibly in reaction to the
assassinations of President John F. Kennedy, Senator Robert F. Kennedy and the Rev. Dr.
Martin Luther King. But even supporters of "gun control" have recognized another
purpose to the law. Robert Sherrill noted, "The Gun Control Act of 1968 was passed
not to control guns but to control blacks . . . . Inasmuch as the legislation finally
passed in 1968 had nothing to do with the guns used in the assassinations of King and
Robert Kennedy, it seems reasonable to assume that the law was directed at that other
threat of the 1960s, more omnipresent than the political assassinÐnamely, the black
rioter . . . . With the horrendous rioting of 1967 and 1968, Congress again was panicked
toward passing some law that would shut off weapons access to blacks."30 B.
Bruce-Briggs, not a gun control advocate, similarly noted, "It is difficult to escape
the conclusion that the 'Saturday night special' is emphasized because it is cheap and is
being sold to a particular class of people. The name is sufficient evidenceÐthe reference
is to 'n-----town Saturday Night.'"31
Conspicuously, the race-oriented history of many federal and state "gun
control" laws has escaped the attention of many in the civil rights community. Legal
scholars Robert J. Cottrol and Raymond T. Diamond have written, "The history of
blacks, firearms regulations, and the right to bear arms should cause us to ask new
questions regarding the Second Amendment....Perhaps a re-examination of this history can
lead us to a modern realization of what the framers of the Second Amendment understood:
that it is unwise to place the means of protection totally in the hands of the state, and
that self-defense is also a civil right."32
Anti-Gun Groups' Handgun Ban Strategy Today Ð During the last several decades,
most anti-gun groups in the U.S. have generally sought a complete prohibition on handguns
only, calling for merely more severe regulation of long guns (rifles and shotguns). Fewer
people own handguns than long guns, thus there is a smaller base of opposition to a
handgun ban, and handguns are easier to portray negatively, based upon their greater
likelihood to be used in crimes, compared to long guns.
In the mid-1970s, HCI (then named the National Coalition to Control Handguns), called
for "A ban on the manufacture, sale, and importation of all handguns and handgun
ammunition...[and] a buy-back program whereby gun owners would be reimbursed for turning
their guns over to the government."33 Soon, HCI outlined its strategy to
achieve the complete prohibition of handguns: "[O]ne step at a time. . . .
Our ultimate goal--total control of handguns in the United States--is going to take time.
. . .The first problem is to slow down the increasing number of handguns being produced
and sold in this country. The second problem is to get handguns registered. And the final
problem is to make the possession of all handguns and all handgun ammunition... totally
illegal."34 In 1981, Shields, without declaring his group's ultimate purpose, wrote,
"We should face the simple fact that licensing and registration [of gun owners and
guns] are, or should be, duties of citizenship."35
In 1989, anti-gun groups placed most of their efforts to ban handguns on hold,
temporarily, to pursue a new legislative target of opportunity. The previous year, Josh
Sugarmann, leader of a fringe group now called the Violence Policy Center (VPC), known and
often rebuked for its irrational positions on firearm issues (see the NRA-ILA Research and
Information Division "Right to Carry" fact sheet), had argued to fellow
activists that "[T]he issue of handgun restriction consistently remains a non-issue
with the vast majority of legislators, the press and public" and that anti-gun groups
needed "a new topic in what has become to the press and public an 'old debate.'"
Sugarmann then suggested that "Efforts to restrict assault weapons are more likely
to succeed than those to restrict handguns" because of the appearance. "The
weapons' menacing looks, coupled with the public's confusion over fully automatic machine
guns versus semi automatic assault weapons -- anything that looks like a machine gun is
assumed to be a machine gun -- can only increase the chance of public support for
restrictions on these weapons."36
Following the federal "assault weapons" law (Sept. 13, 1994), however,
anti-gun efforts refocused on handguns. In the 104th Congress, Sen. Barbara Boxer
(D-Calif.) introduced her "Junk Gun Violence Protection Act," modified and
reintroduced in the 105th Congress as the "American Handgun Standards Act," and
again introduced in the 106th Congress as S. 193. The bills proposed to prohibit the
manufacture, in the U.S. of any handgun that the Bureau of Alcohol, Tobacco and Firearms
considers ineligible for importation under 18 U.S.C. § 925(d)(3). (The bill in the 104th
Congress would have also affected rifles and shotguns.) By regulations adopted by the
BATF, a handgun is ineligible for importation if it fails requirements related to length,
weight, caliber and other features. ( See NRA-ILA "S. 193: Senator Barbara Boxer's
'Junk Guns' Bill" fact sheet.)
While Sen. Boxer claimed her bill would prohibit "Junk Guns--also called
Saturday Night Specials," the bill would have prohibited many expensive handguns on
the basis of the size alone. Testament to the fact that anti-gun groups apply labels to
guns arbitrarily, other bills or laws have defined "Saturday Night Specials" on
the basis of the melting point of the metals used in a handgun's construction, or on the
basis of a variety of a handgun's attributes. During the late 1990s, several California
municipalities defied the state's local ordinance preemption law by imposing their own
"Saturday Night Special" laws. Concurrently, anti-gun groups and politicians
launched campaigns for mandatory inclusion of trigger locks with all handguns sold, or for
a ban on the sale of any handgun not possessing an integral "personalized"
safety mechanism, and for lawsuits against manufacturers of handguns, alleging them liable
for injuries inflicted by criminals using handguns.
Judging Handgun Control, Inc. by its deeds, not its words Ð Today HCI claims no
interest in handgun prohibition,37 but its efforts have been and remain consistent with
the prohibitionist strategy laid out by Shields nearly a quarter-century ago. In the
1980s, HCI filed a "friend of the court" brief in support of the Morton Grove
handgun ban. Following passage of the Brady bill in 1993, which initially imposed a
records check on handgun purchasers in states not having a comparable requirement of their
own (allowing the police a maximum of five days to complete the check), HCI referred to
the measure as "the cornerstone of our national gun policy" and announced a
campaign for licensing of gun owners, gun registration, and a host of other onerous
measures later incorporated into a so-called "Brady II" bill introduced by the
sponsor of the 1993 "Brady bill," Rep. Charles Schumer (D-N.Y.).
More recently, with the federal Instant Check replacing the earlier Brady Act provision
on Nov. 30, 1998, HCI, which had previously called for a waiting period on retail
sales of handguns, began calling for a waiting period on all firearm transfers,
retail and private, handguns and long guns -- a measure that could be enforced only if a
universal gun registration law (HCI's "second problem") were also imposed. The
rambling soundbite used by HCI's current leader to promote the scheme: "We need to
close the gun show loophole which allows so-called "private collectors" at gun
shows to sell their wares to anyone without doing a criminal background check. We also
need to reinstate the Brady Law's waiting period which expired on Nov. 30, 1998."38
There is no gun show "loophole," of course, since laws regulating sales of
firearms apply at gun shows just as they apply anywhere else, and it should be noted that
federal law expressly permits people to sell guns from their personal collections without
having to obtain a federal firearm dealer's license, which today costs $200. And, as
noted, HCI supports mandatory trigger lock sales and lawsuits against handgun
manufacturers.
Anti-gun advocates whose words and deeds match Ð Other activists make no
attempt to conceal their desire to outlaw handguns altogether. On Jan. 20, 1999, VPC
advocated subjecting firearms to consumer product regulations to be enforced by BATF and
said, "we believe that ultimately handguns would be phased out through such an
agency."39 VPC opposes even the voluntary use of "trigger locks," believing
such devices might encourage handgun ownership. Sen. John Chafee (R-R.I.) has introduced
legislation to outlaw handguns.
The late Marvin Wolfgang, once the most prominent anti-gun criminologist in America,
wrote in 1995 that, if possible, he would "eliminate all guns from the civilian
population and maybe even from the police."40 U.S. Rep. Patrick J. Kennedy, while
expressing support for legislation to impose a mandatory waiting period on all retail and
private firearm transfers, said he favors an outright ban on handguns, but doubts that
Americans would support such a measure.41 The founder of the HELP (Handgun Epidemic
Lowering Plan) network, a group composed largely of anti-gun activists in the public
health field, stated that the group's purpose is to "work toward changing society's
attitude toward guns so that it becomes socially unacceptable for private citizens to have
handguns."42
Handgun Bans: A History of Failure
Washington, D.C. Ð The injustice of outlawing handguns is nowhere more evident
than in our nation's capital. During the 1960s, D.C. began requiring police approval to
buy a handgun and imposed handgun registration. A law prohibiting the possession of
handguns not previously registered with the police took effect in Feb. 1977. Even handguns
that remain legal to possess cannot realistically be legally used for protection, even at
home, since it is illegal to possess a loaded firearm at home. This, in a city where
"official police personnel and the government employing them are not generally liable
to victims of criminal acts for failure to provide adequate police protection . . . [there
is] no general duty to provide public services, such as police protection, to any
particular individual citizen." (Warren v. District of Columbia, 444 A.2d1 1, D.C.
App. 1981)
Attorney Stephen Halbrook, who has successfully argued firearm law issues before
the U.S. Supreme Court, has described D.C. gun laws as a "badge of slavery" that
treats District residents as "second class citizens" in violation of the
Fourteenth Amendment and various civil rights legislation adopted by Congress since the
Civil War.43 D.C.'s homicide rate more than tripled after handguns were banned, and began
to decrease only recently, when crime began decreasing nationally. Anti-gun activists
claim that homicides declined after the ban, deceptively counting annual homicide numbers
when the city's population was falling.44 Homicides were declining before the ban,
however, and homicide rates increased gradually after the law, dropped sharply
after enactment ( 1982 ) of an NRA-backed mandatory penalty for using a gun during a
violent crime, rose gradually as the penalty fell into disuse, then rose sharply with the
advent of "crack" cocaine.
Washington Homicide Numbers/Per Capita Rates (FBI Uniform Crime Reports)
1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985
268 277 235 188 192 189 180 200 223 194 183 175 147
35.9 38.3 32.8 26.8 27.8 28.0 27.4 31.5 35.1 30.7 29.4 28.1 23.5
1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997
194 225 369 434 472 482 443 454 399 360 397 301
31.0 36.2 59.5 71.9 77.8 80.6 75.2 78.5 70.0 65.0 73.1 56.9
From 1974-1976, before the law took effect, the homicide rate dropped 30%. In
1990 380 of the city's 382 firearm-related homicides were committed with handguns. In
1991, 383 of 385 firearm-related homicides were committed with handguns. Between 1976 and
1991, D.C.'s homicide rate tripled. In 1993 all of the city's 368 firearm-related
homicides were committed with handguns. In 1994, all of the city's 350 firearm-related
homicides were committed with handguns. In 1995, 304 of the city's 309 firearm-related
homicides were committed with handguns. (Source: D.C. Police)
Chicago, Illinois Ð Chicago imposed a handgun registration requirement in 1968, with
no effect on the city's rising handgun homicide numbers or the percentages that handgun
homicides comprised of total homicides: (Chicago Homicide Dataset)
1967 1968 1969 1970 1971 1972 1973 1974
262 274 334 409 390 398 459 464
47% 42% 47% 51% 47% 56% 53% 48%
After peaking in 1974, Chicago homicides declined until the 1980s. In April 1982, a law
prohibiting possession of handguns not previously registered with the police took effect
in Chicago. Annual handgun homicide numbers and percentages of total homicides fluctuated,
then rose sharply:
1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993
254 290 289 261 285 260 371 417 513 542 534 551
38% 40% 39% 39% 38% 38% 56% 56% 60% 58% 57% 65%
Today, Chicago has the fourth highest homicide rate among major U.S. cities. It
experienced a slight increase in homicides during the first half of 1998, relative to the
same period in 1997.
Morton Grove, Illinois Ð On June 8, 1981, despite a history of low crime rates,
Morton Grove enacted an ordinance banning private possession of handguns, effective Feb.
1, 1982. The measure was contested in federal and state court. On Dec. 29, 1981, the judge
of the U.S. District Court upheld the ban, stating it did not violate either the Illinois
or U.S. constitutions, because it did not outlaw all firearms. (Quilici v. Village of
Morton Grove, 532 F.Supp. 1169, N.D. Ill.) The judge cited Presser v. Illinois
(1886), in which the Supreme Court held that the Second Amendment prohibits infringements
on the right to arms by Congress, not by the States.
On Jan. 29, 1982, the ban was upheld by the judge of the Illinois Circuit Court of
Appeals. (Kalodimos v. Village of Morton Grove, 113 Ill. App.3d 488.) Both
decisions were appealed. On Dec. 6, 1982, the ban was upheld by the U.S. Court of Appeals
for the Seventh Circuit in a 2-1 decision. (Quilici v. Village of Morton Grove, 695
F.2d 261.) The court said that "Morton Grove may exercise its police power to
prohibit handguns even though this prohibition interferes with an individual's liberty or
property," and that such a measure does not violate the Illinois or U.S.
Constitutions because it does not prohibit all firearms. The dissenting judge called the
ruling "a new low for the fundamental principle that 'a man's home is his
castle.'"
The 7th Circuit also held that the Second Amendment restricts only Congress from
infringing the right to keep and bear arms.45 In dictum ( oberter dictum, an
opinion which does not embody the resolution or determination of the court, and which goes
beyond the facts before the court), the 7th Circuit misinterpreted the Supreme Court's
decision in U.S. v. Miller (1939) as holding that the right to arms applies
"only to those arms which are necessary to maintain a well regulated militia,"
and that privately owned handguns are not military arms. The court stated, "The right
to keep and bear handguns is not guaranteed by the second amendment."
[The question in Miller was whether the National Firearms Act (1934) violated
the Second Amendment by restricting possession of a short-barreled shotgun, and whether
such a firearm had been proven suitable for militia use and was thus protected by the
Second Amendment. No evidence on the question had been recorded in the lower court, thus
the Supreme Court ruled, "In the absence of any evidence tending to show that
possession of or use of a 'shotgun having a barrel of less than eighteen inches in length'
at this time has some reasonable relationship to the preservation or efficiency of a well
regulated militia, we cannot say that the Second Amendment guarantees the right to keep
and bear such an instrument. Certainly it is not within judicial notice that this weapon
is any part of the ordinary military equipment or that its use could contribute to the
common defense." The Court ignored the use of short-barreled shotguns in trench
warfare during World War I. Anti-gun activists who claim that military-looking
semi-automatic rifles (assault weapons) are "weapons of war" and for that reason
should be denied to civilians contradictorily claim that in Miller the Court held
that the Constitution protects the right to keep and bear only such arms that are useful
for military purposes.]
The court should have taken notice of the very common use of handguns by U.S. military
and naval personnel throughout our nation's history. "Pistols were used throughout
the Revolutionary War, and not just by officers. '[T]he pistol was the principal firearm
of a small yet important body of enlisted men.' The cavalry, the navy, and selected
infantry regiments all used pistols. The first federal militia statute (1 Stat. 271, 272,
1792) mentioned pistols, and colonial laws more generally also considered pistols
legitimate arms."46 The previously- mentioned Colt Models 1851 Navy, 1860 Army and
1861 Navy revolvers and many similar handguns were used extensively during the Civil War,
on both sides. The nearly-ubiquitous Model 1911 Colt .45 pistol was widely used by our
troops during World War I (and later, WWII, the Korean War and the Vietnam War). [Though
after the Court's decision in the Miller case, it is worth noting that during WWII
the militia were called out to defend the home front with privately owned weapons, and a
manual distributed by the War Department directed citizens to keep weapons "easily
portable and easily concealed. First among these is the pistol."47
On May 31, 1983, NRA filed a petition urging the U.S. Supreme Court to review the 7th
Circuit's ruling, and in our July 1983 membership magazine (The American Rifleman)
announced to its members that a ruling from the high court "ultimately could lead to
a definitive federal ruling on the right keep and bear arms." (With their usual
regard for the truth, anti-gun groups to this day claim that the NRA refuses to press for
the Supreme Court to hear an important case affecting the right to arms.) On October 3,
the Court declined to hear the case. On Oct. 19, 1984, in a 4-to-3 decision, the Illinois
Supreme Court upheld the ban as within Morton Grove's "police powers." (Kalodimos
v. Village of Morton Grove, 470 N.E.2d 266, Ill.). Article I, § 22, of the Illinois
Constitution reads: "Subject only to the police power, the right of the individual
citizen to keep and bear arms shall not be infringed."
Prior to the ban, there were an estimated 3,000 privately owned handguns in Morton Grove.
Compliance with the law was slight, with fewer than 20 handguns turned in or seized by
police after the law took effect. Survey research by Professor Paul Lavrakas of
Northwestern University indicated that 80% or more of Morton Grove households (2,400+)
still had handguns two years after the law's enactment. Most people who turned in handguns
were much older than the 15- to 30-year-old age group disproportionately responsible for
firearm-related crime. The average person turning in a handgun was 63 years old; the mean
age was 67. One handgun came from someone under the age of 40, two from people under the
age of 50; three from people 70 years old or older. Crime rates remained low after the
ban, except for a short-term increase in burglary.
Kennesaw, Georgia Ð In April 1982, Kennesaw government officials responded to the
Morton Grove ban by passing an ordinance "to provide for the civil defense of the
City of Kennesaw, and further in order to provide for and protect the safety, security and
general welfare of the City and its inhabitants." The ordinance states that
"Every head of household residing in the City Limits of the City of Kennesaw is
required to maintain a firearm, together with ammunition therefor," except criminals,
persons with moral or religious objections, and those mentally or physically
incapacitated. (Code of Ordinances, Chapter 8: Civil Defense and Disaster Relief,
Section 8-10, enacted March 15, 1982.) Gun ownership rates were not expected to change
after the ordinance; most households were presumed to have firearms. Instead, it was
expected that publicity surrounding the ordinance would warn criminals that residents were
capable of protecting themselves and their community and would do so with the government's
blessing. Between 1981-1985 violent crimes in Kennesaw dropped 71%; burglaries dropped
65%. Between 1981-1993, Kennesaw's population doubled, but burglaries dropped 16%.
California's Proposition 15 Ð On Nov. 2, 1982, Californians voted on a handgun
ban initiative that anti- gun groups and their allies in the press were sure would be
overwhelmingly approved. An estimated 250,000 Californians registered to vote solely
because of the handgun issue. Fifty-four of California's 58 sheriffs opposed the proposal.
The measure was defeated 63%-37%. The Washington Post reported that the Director of
the National Coalition to Ban Handguns called the vote "a temporary glitch." On
May 6, 1983, President Ronald Reagan, previously California governor for two terms,
commended the NRA for helping to defeat the ban, saying, "You shocked California last
November when you mobilized to help send Proposition 15 down to defeat. You pointed out
that police would be so busy arresting handgun owners, they would be unable to protect the
people against criminals. It's a nasty truth, but those who seek to inflict harm are not
fazed by gun control laws. I happen to know this from personal experience."
Oak Park, Illinois Ð Despite stable or declining violent crime and burglary
trends in other Chicago suburbs, rates of those crimes increased sharply in Oak Park after
the village banned handgun sales in 1977. Between 1977-1984: Aggravated
Homicide Robbery Assault Burglary
Oak Park 58.0% 83.0% 113.0% 109.0%
U.S. Suburbs -13.0% -5.0% 5.0% -19.0%
U.S. -9.0% 8.0% 17.0% -12.0%
In 1984, Oak Park banned private possession of handguns altogether, prompting a
citizens' movement to repeal the ordinance. In 1986, after Oak Park prosecuted a resident
who used a handgun to fire on robbers who held him up in his service station, the mayor of
Kennesaw, Ga., declared the man an honorary citizen of Kennesaw, and presented him a
plaque stating that the Georgia town was "proud of citizens such as yourself who
stand up for their constitutional rights to own and bear arms in defense of their lives
and property." When challenged by a reporter about Oak Park's increase in burglaries
after banning possession of handguns, the village's president could respond with only a
personal attack, accusing the journalist of trying to "insist on the gun nut
(Kennesaw's mayor) being right."
Evanston, Illinois Ð Evanston banned handguns in mid-1982. By 1983, Evanston's
robbery rate had risen 8%, while nationwide suburban areas experienced a 20% decline, and
the U.S. rate declined 16%.
Wisconsin Ð Despite predictions by the media of a landslide
victory by anti-gun activists, voters in the city of Madison rejected a non-binding
handgun ban referendum in April 1993, by a margin of 51%-49%. On Nov. 8, 1994, Milwaukee
voters rejected a binding handgun ban proposal by a margin of 67%-33%, and Kenosha voters
defeated a similar measure by 73%-27%. A non-binding handgun ban referendum in Shorewood
passed by 576 votes. In 1998, Wisconsin voters approved, by a 3:1 margin, an amendment to
their state constitution protecting the right to arms "for security, defense,"
and other purposes.
Public OpinionÐ A 1998 national survey of voters by Lawrence Research found
that by an 8:1 margin, Americans believe you have the right to use a handgun to defend
yourself in your own home. By a 3:1 margin, they believe that to fight crime, getting
tough with criminals is more effective than banning guns. A U.S. News & World
Report poll published May 22, 1995, found that 75% of Americans believe "the
Constitution guarantees you the right to own a gun." Only 18% disagreed. In Jan. 24,
1994, NBC TV News asked viewers "Should handguns be banned ?" By a margin of
80%-20%, respondents said "No."
A June 1993 Luntz-Weber Strategic Services poll found that only 21% believe "all
guns should be outlawed," only 9% believe restricting firearms is "the single
most important thing that can be done to reduce violent crime," and only 8% believe
guns are "the most important cause of violent crime." The public favored
mandatory prison for criminals, over restrictions on firearms, by 70%-25%. Polls claiming
that the public supports additional restrictions on firearms generally have been
commissioned by anti-gun groups or conducted by firms with histories of support for their
activities, and often occur after a major media blitz castigating firearms.
1. Estimate based upon firearm production, import and export data from BATF; Gary Kleck, Targeting
Guns, N.Y.: Aldine de Gruyter, 1997, p. 97; and the American Firearms Industry; and
survey data from James D. Wright, et al., Under the Gun, N.Y.: Aldine de Gruyter,
1986, p. 41.
2. American Firearms Industry, "amfire.com."
3. Kleck, p. 101.
4. Lyman Products Corporation, Lyman Pistol and Revolver Reloading Handbook, Second
Edition, 1994, p. 8.
5. Department of the Treasury, BATF, "A Study Concerning the Threat to Law
Enforcement Officers From the Criminal Use of Firearms and Ammunition," pp. 23-24.
The study was mandated by legislation supported by the NRA.
6. Lyman, p. 12.
7. BATF, pp. 23-24.
8. "The Frequency of Defensive Gun Use", p. 180 in Don B. Kates, Gary Kleck, The
Great American Gun Debate: S.F.: Pacific Research Institute for Public Policy, 1997.
9. Kleck, pp. 168, 171.
10. BATF, p. 24.
11. Tom Jackson, "Keeping the battle alive," Tampa Tribune, 10/21/93.
12. Shields, Guns Don't Die - People Do, N.Y.: Arbor House, 1981, p. 125.
13. USA Today, 11/20/91.
14. Crime in the United States, 1997, pp. 68, 207.
15. Kleck, p. 178.
16. Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda,?" Tennessee
Law Review, Spring 1995, p. 522.
17. Robert J. Kukla, Gun Control, Harrisburg: Stackpole, 1973, p. 18.\
18. Stephen P. Halbrook, That Every Man Be Armed: The Evolution of a Constitutional
Right, Albuquerque: Univ. of N.M. Press, 1984, p. 37.
19. Richard A. I. Munday and J.A. Stevenson, Guns and Violence: The Debate Before Lord
Cullen, Brightlingsea, England: Piedmont Publishing, Ltd., 1996, p. 154.
20. David B. Kopel, The Samurai, the Mountie and the Cowboy: Should America Adopt the
Gun Controls of Other Democracies?," Buffalo: Prometheus Books, 1992, p. 61.
21. Halbrook, p. 43.
22. Munday and Stevenson, p. 154.
23. Clayton E. Cramer, For the Defense of Themselves and The State: The Original Intent
and Judicial Interpretation of the Right to Keep and Bear Arms, Westport: Praeger
Publishers, 1994, p. 6.
24. Commentaries on the Laws of England.
25. Kopel, p. 67, 74.
26. Munday and Stevenson, p. 159.
27. Clayton E. Cramer, "The Racist Roots of Gun Control," Kansas Journal of
Law & Public Policy, Vol. 4, Winter 1995, pp. 17-18.
28. Don B. Kates, Jr., "Toward a History of Handgun Prohibition in the United
States," Restricting Handguns: The Liberal Skeptics Speak Out, Don B. Kates,
Jr., Ed., North River Press, Inc, 1979, p. 12.
29. "Bearing Arms in State Bills of Rights, Judicial Interpretation, and Public
Housing," St. Thomas Law Review, Vol. 5, Fall 1992, p. 212.
30. Sherrill, The Saturday Night Special, New York: Charterhouse, 1973, pp.
280-283.
31. "The Great American Gun War," The Public Interest, Fall 1976, p. 50.
32. "The Second Amendment: Toward an Afro-Americanist Reconsideration," Gun
Control and the Constitution: Sources and Explorations on the Second Amendment, ed.,
Robert J. Cottrol, Rutgers, The State University of New Jersey, School of Law, 1994, N.Y.:
Garland Publishing, Inc., p. 427.
33. Pete Shields, "In His Own Words," People Weekly, 10/20/75.
34. Shields, quoted in Richard Harris, "A Reporter at Large," The New Yorker,
" 7/2676.
35. Shields, p. 126.
36. Emphasis in the original, "Assault Weapons in America," A Joint Project of
the Educational Fund to End Handgun Violence and The New Right Watch, pp. 26-27.
37. "Tom Morgenthau, "Why Not Real Gun Control?," Newsweek,
10/11/93, p. 34.
38. Sarah Brady, quoted by the Associated Press, 1/4/99.
39. Tom Diaz, on "Fresh Air," National Public Radio.
40. "A Tribute to a View That I Have Opposed," Journal of Criminal Law and
Criminology, Fall 1995, pp. 188- 192.
41. Ariel Sabar, "Kennedy joins effort to pass gun-control measures," The
Providence Journal, 1/4/99.
42. HELP founder Dr. Katherine K. Christoffel, 9/28/93 letter to Dr. Edgar Suter, of
Doctors for Integrity in Research and Public Policy.
43. Colin Loftin, et al., "Effects of Restrictive Licensing of Handguns on Homicide
and Suicide in the District of Columbia," New England Journal of Medicine,
325:1615-1620, 1991.
44. "Second-Class Citizenship and the Second Amendment in the District of
Columbia," George Mason University Civil Rights Law Journal, Summer 1995, Number 2.
45. In U.S. v. Cruikshank (1876), the Presser case, and Miller v. Texas (1894), the
U.S. Supreme Court held that the Second Amendment restricts Congress, rather than
individuals and state governments, from infringing the right of the people to keep and
bear arms.
46. Robert Dowlut, "The Right to Arms: Does the Constitution or the Predilection of
Judges Reign?," Oklahoma Law Review, 36, 1983, p. 97.
47. Robert Dowlut and Janet A. Knoop, "State Constitutions and The Right To Keep and
Bear Arms," Oklahoma City University Law Review, 1982, pp. 197-198. |