If there is one thing that you can say about Mayor Daley, it’s that he’s a tenacious motherfucker. With one eye always on expanding his influence beyond the borders of the city, he’s been taking on the state legislature for some 15 years now over the issue of gun control. Often at odds with those that represent Illinoisans outside of urban areas, Da Mare has been defeated in the General Assembly more than once in his attempts to restrict access and ownership of firearms. First it was a ban on assault weapons, defeated by one vote in the House. Then it was a bill to limit handgun purchases to one per month, failing by a 34-20 vote in the Senate. Then it was a bill that would require licensing for handgun dealers.
After the recent killings in Chicago, Daley is renewing his attempts to get wider gun control measures enacted in the state. In an exclusive interview with CBS2, he discussed his thoughts on gun violence not only in Chicago, but around the nation. This, coupled with his announcement on Monday that he'll soon appoint a commission to target gun laws and gun makers. The question that remains unanswered, however, is whether any of these measures – changing gun laws or targeting gun manufacturers will actually have any positive effect on the gun violence that plagues Chicago.
If the shootings in the city, if not in other parts of the nation are any indication, these laws will simply tie the hands of responsible, law-abiding citizens. Certainly the people that open fire on a basketball court or a city bus aren’t exactly lining up to apply for a state-issued Firearm Owners Identification Card. Even if they were, what impact would it have on the level of gun violence in the city?
While we generally agree that most legitimate sportsmen don’t need semiautomatic assault weapons or large capacity ammunition feeding devices, we also recognize that the concept of ordered liberty and a free society is predicated on an armed populace. And while the right to keep and bear arms is guaranteed in the Constitution, we also recognize that the state has a compelling interest in regulating the transportation and sale of firearms. We just wish that lawmakers would approach gun control sensibly, instead of taking the easy way out. As Daley is so fond of pointing out when it is convenient, you can’t address issues like this on a city, county, or state level. If we really want to make sure that firearms don’t find their way into the hands of people that have no legitimate use for them, the government needs to find a reasonable way to address the issue. And frankly, part of the responsibility for that change falls on society as a whole. As long as we continue to sweep gun violence under the rug by simplistically defining the issue as “guns are bad”, we can expect more of the same.
Image via Target Culture



"...we also recognize that the concept of ordered liberty and a free society is predicated on an armed populace."
How, exactly?
Nice post, Kevin.
I wish Daley would take as harsh a stance with the state legislation on funding the CTA as he does with gun control. But, taking a stance on the CTA is not sexy and doesn't sound as good on a campaign commercial.
Gun control at this level probably wouldn't be effective. I heard on the news that many of the kids that have been shot on the southside have been killed by high-school dropouts. Maybe the answer is improving CPS and quality of life so kids stay in school in the first place instead of on the streets shooting. But I guess that is also easier said than done.
Gun control is a waste of the Mayor's time. I agree he should focus on CTA funding. And does gun control really work? Does the war on drugs work?
Sparky: Maybe you could adopt all of the truants and high school dropouts and become a good parent to them. That's our problem here. I agree with the fact that the gun stance isn't the best, for then only criminals will have guns. Then again, some disenfranchised Asian can always get a gun legally, walk onto campus and light up 43 people. Point is, we need better parenting.
Yet another do-nothing, let's-plant-pretty-flowers scheme by Daley. Kevin does a good job of pointing out the challenges of this type of thinking. I don't understand why Daley can say (rightly) that universal health care is best done at the fed level, but then call for local and state anti-gun actions.
Yes, he deserves credit by not giving up. But one wonders if police reforms--for instance, more anti-gang work, or even more cops walking a beat--and greater reforms directed at schools and jobs for poor people might actually have done better.
This is what our great mayor spends his political capital doing. Believe me, this takes great energy, and gives yet another reason for downstate and suburban lawmakers to say go to hell to Chicago.
Dutch P. asks a great question, and the best answer I have is this: One hopes that any government or leader serious about ruining our republic would take pause when thinking about the large numbers of angry people who might be willing to fight back with guns. I'm not that paranoid, nor even a gun owner, but that's my theory. I agree we need better gun laws, but I don't support any efforts to take all guns from ordinary citizens.
As if more gun control will really take guns out of the hands of criminals. What a joke.
And I agree about CTA funding. Why can't our mayor put his foot down about the routine absurdity facing CTA funding? Seriously, if recent news is any indicator, the CTA could go straight down the toilet in a heartbeat all because the state disregards the fact that probably more than 80% of the state's income comes from the city of Chicago (not exactly sure of the number, but I bet it's above 50% - if you have figures, please share).
I don't have all the facts, but have read enough to realize that the formulas the state uses for funding public transportation are flat out insane.
But I digress...
Everyone knows the real solution to the CTA's problems is to bring in a new private company and possible private funding (if anyone would want to fund the damn thing) and seperate it entirely from the city and state in terms of operation.
It's always interesting that Mayor Daley talks about gun control.I guess he feels the police should have a monopoly on guns.But,what if you have some corrupt cops? These issues are never really examined in Chicago.Houston doesn't have a problems with police officers breaking into private citizens homes.Anyway,Chicago's gun control ordinance was moved through city council by the late Alderman Roti.Roti was a "made member" of the Chicago Mob.This makes Chicago's gun control ordinance a racketeering enterprise.Something to think about since the Justice Department has indicted the Chicago Outfit as such.
Woodlawn: There was an interesting article in The Economist a few weeks ago about marriage and child-rearing. They noted that there is a difference between how the best- and least-educated Americans approach marriage and child-rearing, implying that least educated Americans have have higher divorce rates and more single parents. They also note that: "children of single parents or broken families do worse in school, get worse jobs and go on to have children out of wedlock. This makes it more likely that those born near the top or the bottom will stay where they started." They are implying that there is a direct link between education and parenting. So, perhaps by improving education today, we will encourage better parenting for the next generation. Like I said, easier said than done.
But, keep in mind, better parenting may not have prevented VA Tech shooting. By all accounts I read, they were "good parents". We need more than "better parenting", we need better education.
stick to stories about music and your favorite cupcakes.
The issue of gun control needs to be dealt with on every level. We do not need a well armed militia in cook county. As long as licensed gun owners can buy 100 guns at a time, someone will be able to sell 99 of them out the back door. Daley's efforts also target the issue of ammunition.
Love or hate him, none of you would have moved here without the improvements he has made to the city. Still waiting to read Detroit-ist or STL-ist, but given their lack of strong mayoral leadership I think it will be a while.
"Tenacious Motherfucker" will be the name of my new band, hopefully appearing at Chicagoist's 4th Birthday Bash.
Wow. Chicagoist is getting all neo-con! First ya get upset about a rich man having to share his money with his wife and now this?
Daley is fucked up for reasons having nothing to do with gun control or schools (which I think he actually has no control over). Maybe he should be working on both instead of just sticking his nose in the gun thing which takes less nuanced arguments than overhauling public ed.
Blah blah blah, STL-ist. Next thing you'll be telling us is move to Naperville. I may or may not be here because of mayor. You have no idea when or why I came to this city in the first place.
I like this city, and just because I or others criticize the mayor, or county government, or the CTA, or the state govenment, does not mean I or others like it any less. Don't you get it?
I like Daley but he is all over the place. I wish he would just stick to fixing things with City Hall and the CTA. He has control over that not gun control.
I second the question of the first commenter (Dutch Perspective):
--Quote--
"...we also recognize that the concept of ordered liberty and a free society is predicated on an armed populace."
How, exactly?
---------
It's not at all clear how an "armed populace" is a facilitating condition for a free society. If the idea is that having a gun is supposed to protect us from our fellow citizens, then this is sheer fallacy. If it is supposed to protect us from government intrusion, then it's simply a foolish and futile strategy. There are better ways to safeguard liberty.
I don't particularly object to city gun-control measures. However, if Daley wants to do something for the public safety that's well within his power to do, I suggest that he get his cops under control.
STL-ist might be interested to learn that a whole bunch of us have lived here since long before Ritchie was mayor. He's made some physical improvements, undoubtedly (which have cost about 300% of what they should have, and benefitted his friends), but no one moved here, or will ever move here, because of flower boxes in the middle of streets, or cows, or Navy Pier. These amenities don't matter if the cops are running amok, developers are looting the public treasury through TIF districts, and no one can get a liquor license or a zoning variance unless they hire the mayor's brothers. We have Ritchie to thank for Todd Stroger, too.
Massive gun violence is less a constitution issue than it is the product of poverty and a ridiculous "war on drugs". Seriously it seems nothing was learned from prohibition.
Sparky, most of the people who came over here at the turn of the 20th Century were uneducated, but they thrived because they had a stronger family base, along with parents that were together. I understand your point, even agree with it to an extent. But until you step out into the field on the South or West Sides, and see what a lot of these parents are like, you honestly have no idea. I know a lot aren't educated, but how do we fix that aside from exterminating parents and having you and I adopt their kids and making sure they feel loved and sending them to school. Do you see what I am getting at here? It's a huge problem, just like the gun issue - many many many questions. But how to fix?
For the rest, I just love this. It's all about Daley. If he said he was for the right to bear arms, you would call him a redneck. It's all the same around here: CTA, Police Brutality wah wah wah. When you have something new to say, something earth shattering, THEN SAY IT. Until then, you're skipping like a broken record. But unlike the broken record, you have no voting record. If I sound like Jesse Jackson that's because I want to annoy you just as bad as your constant bitching about Daley...Wait...Just say something new, okay? Move mountains kiddies.
to: Woodlawn
I think all anyone on here is trying to point out is shouldn't Daley use his energy and power on things that he can change such at the CTA and the Police issues. And even us supporters are like wtf Daley. Seriously guns are the biggest problem? The CTA isn't?
Wood: Take your own advice about saying something new.
As well, one reason some of us bitch about Daley is because he does have so much power, not only in the city (near absolute) but in the county and state as well. Really. Certainly you know this. No one gets on the CTA board, for instance, without his thumbs-up. And, as we all saw, when wanted the Olympics, he just said what the hell, let's do it. That's power, too.
STL-ist: I moved here despite Daley, not because of him. In fact, I came from an area in Illinois that closely resembles the shit-hole that is Cook County, if not for size, then certainly corruption. Careers have a way of taking a person to many places. And if you think his strong leadership is the main reason Chicago is not as bad as Detriot or St. Louis, you are among the least aware students of history and economic geography I've ever come across.
As for the armed populace theory, I see guns as the very last line of defense against tyranny. Don't think tyranny can happen here? That's what a lot of people in civilized countries have thought as well.
If the concept of ordered liberty and a free society were really predicated on an armed populace, then other developed nations that we consider free societies would have gun laws similar to the United States. But they don't. In fact, there is a direct correlation between strict laws on gun ownership and the minimization of gun violence. The harder it is for *anyone* to own a gun, the less per capita gun violence there will be in a given state. Examples? Canada, Japan, The United Kingdom, France, Germany, Australia, etc.
What Chicagoist really means is that the concept of ordered liberty is predicated on an armed populace in the US. But it is hard to see how that predication is necessary for us the way it is in, say, Switzerland, where the entire country needs to be mobilized in a time of crisis. And, if a predication isn't necessary, then it's bogus.
Handguns aren't "bad." They are dangerous. If we are really serious about reducing gun violence, we should make it illegal to own guns that are not designed for hunting. That way, sportsmen and women could still enjoy their pursuits, people in rural areas could still buy shotguns to protect their homes (and hunt fowl), and people in cities could worry less about getting murdered on the bus.
Woodlawn: I have seen worked with those families on the South Side, as well as parts of the West Side. I witness the family dynamic first-hand on a very regular basis. I do not claim to understand their situation, nor can I imagine what it is like to live in a state of poverty, without education and without hope...and I am guessing, neither can you.
I see what you are getting at. But, what I am getting at, which I hope you can see, is there are different issues that Daley could tackle, that may direclty or indirectly influence the amount of violence on our city streets. In my opinion, gun control is an issue that looks good on paper, but is a waste of Daley's resources. With the time he is spending on a task force for gun control, he could spend it on education, affordable housing (which would improve the quality of life for the West Side and South Side), the CTA (many poor take public transportation because it's cheaper than a car), and other programs.
And for the record, Woodlawn, I have voted in all but one election since I turned 18, and I did not vote for Daley. I also volunteer, write letters, send emails, talk to my friends and family, and educate myself. Please provide a suggestion on how I can "move mountains".
The solution to this problem, as you've all noted, is to get communities and parents more involved in educating these kids so they don't feel the desperation that drives them to violence.
The Black Star Project has been working to do this in the schools and the communities for years. In response to this surge of violence, we are organizing volunteers into sustained action, starting with a Black Cross Memorial March on Saturday, June 16th at noon, starting from Congress and Michigan. If you have questions, call AJ at 773-285-9600.
We can't wait for Da Mare.
Automobiles aren't "bad." They are dangerous. If we are really serious about reducing highway fatalities, we should make it illegal to own cars for personal use. That way, with public transportation, men and women could still enjoy their pursuits, people in rural areas could still ride the train (or bus) and people in the cities could walk or ride bicycles. Everyone would worry less about getting killed on the highway.
Carl: Absurd statement. But, I would love it if it were harder to have a car for personal use. NYC looks like it is going in that direction, with proposed taxes/tolls on personal cars that drive through the city. It would be better for everyone, right? Encourage public transportation, make the city greener, possibly reduce accidents...
But, as shown time and time again, Daley doesn't care about public transportation in this city, and the state sure as hell doesn't care about it, either.
vise77
eat shit. i only say what i say incessantly because of assholes like you. if i weren't a pacifist i would meet you on any corner in the city, you little weasel.
3 groups in this city:
cops, criminals and law-abiding citizens.
2 of the 3 HAVE guns, I happen to belong to the 1 group that does not and CAN NOT under the city handgun ban.
Now, I'm supposed to sit back and let my inept and undermanned police force protect me in my OWN HOME??
Guns in the hands of criminals CAUSE TERROR.
Mare Daleys, what about your war on terror?
May I please, pretty please, have a gun?
Sj
Are you for real, Wood? Or is this performance art/improv? There is a phrase in there that makes me wonder.
That said, Internet threats are about as potent as O'Douls. Get a life.
Woodlawn: "Eat shit" is pretty unoriginal, don't you think? And what would you do to vise? Beat him/her up? Perpetuating the cycle of violence in the city?
Steve: I think sometimes there are only two groups. Criminals and law-abiding citizens. As we have seen from the police beatings, the cops can fall into either category.
Eat Shit? Great addition to the debate!
Threatening to kick his ass if it weren't for your non-violent tendencies (Read: I only like to criticize people behind the anonymity of a computer)?
Don't forget to insult his Mom. I hear it takes her two hours to watch 60 Minutes!
Steve, you are right to say that guns in the hands of criminals cause terror. But they also don't cause the majority of gun deaths, either (the leading cause of death by gun is actually suicide, by a wide margin). Also, if you have a gun in your household, statistics suggest that gun is roughly 20 times more likely to kill or injure a family member or friend than an intruder.
We all like to think that guns will protect us from crimes, and, in some cases they actually do. But we often forget just how much more likely it is that those guns will end up killing somebody innocent. The price we pay is enormous.
Carl, I enjoyed your mock-homage. But automobiles aren't (usually) weapons (and we do put more restrictions on their use than handguns, anyway, not to mention require insurance). I wouldn't suggest banning kitchen knives or baseball bats because they can be used to kill people; I would propose banning handguns because they are supposed to kill people. I do think that's a big difference. It's roughly the difference between letting people buy cars and not letting them buy tanks. One is just a lot more dangerous than the other.
Joshua,
the liquor in my home has killed more people than any gun ever would have.
A slow disease, alcoholism kills directly and indirectly and yet the stuff is not only legal, but promoted to our youth like it's candy.
Innocent people got killed today in our fine city, by drugs, alcohol, crimes of passion, greed, and much more.
We simply cannot say that a gun in the home (or on my hip) will ultimately kill an innocent person without putting into context- like accidental food poisoning, electrocution and the inevitable baby-drowning in the bathtub.
It will always be an unsafe world if we dwell on the millions of combinations of how we could possibly meet our end everyday.
But an armed citizen IS a deterrent to the criminal walking down the street, looking for a sucker....
joshua: You make some good arguments, but I wonder how far we will take government intrusion in the rights of the people. Like it or not, the Bill of Rights is rather clear that the right of the People to keep and bear arms shall not be infringed. Furthermore, hand guns aren't the only firearms that kill people. Should we completely disarm everyone? I am concerned about the physical, as well as the social ramifications of that.
It's easy to cite statistics and make them work in your favor. Here's a couple that I think illustrate that it isn't as simple as taking away all the guns: There are more gun, per capita, in Canda than in the US. Yet our homocide rates by firearm are higher. Why is this?
In Switzerland, the government gives every male who is 18 years old an automatic weapon. If something like that were to happen here, everyone would be screaming that violence would be rampant in the streets. Yet the Swiss don't have nearly the problems with gun violence that we do.
While it is tempting to turn to the government to solve all of our problems, it isn't always an effective solution (and I believe in government intervention more than most people). In this case, I would rather they stay out of my house and my closet.
Kevin,
well said.
Sparky: We are closer to agreeing than you might think. If you read my original post, I think this is a bit of a missdirection by Daley. I concede that point. However, I know a lot more about the streets of Chicago than you might think. I grew up in them at a time when things were much worse than they are now. I also applaud you for making a good argument on the issues at hand and the fact that you spend the amount of time doing what you do. I am being sincere in that. And for the record, I wasn't calling you out, because I notice that you don't come on here to bitch bitch bitch. I respect your argument, agree with points of it, but I don't buy it entirely. At the same time, you believe in what you do and you've come to that decision through working to not only research it, but change the things you don't agree with.
Vise: You nailed me. I have a lot of Andy Kaufman up my sleeve. Sincerely. But my point is that you and others on this board gripe about everything Daley does, just because he's Daley. It's your right, but you do it so often that it gets very old. I simply say the same things over and over so as to hold up a mirror to you. Same behaviour, flipside to your beliefs. As I said to Sparky, I hear a lot of people bitching and griping about the majority of things in Chicago, but with no suggestion as to how things can be fixed. I stand by my assertion, as I've come to believe it through my years as a resident, that Daley has done a great many things for this city. My own fear, as you seem to think everyone who subscribes to Daley's policies is under the spell of, is actually something of admiration for him. Daley won't get me for not voting or saying something on an internet board, just like you. Daley isn't some evil man like a lot of people seem to suggest. Daley isn't on the take, like a lot of you seem to believe. He doesn't need to be. He's powerful, but he got that way because of a reason: good leadership. If he wasn't a good leader, 70% of Chicago's voters wouldn't have punched the ticket for him last time around. As I've also said, there hasn't been someone who struck me as the kind of person who could lead this city the way he has for the last 18 years. Power, perhaps, but fear? If he was that dictatorial, he would have rubbed every one of his opponents out in the last 5 elections. If he was that dictatorial...I give up. I hope that you stick around after he's gone, because you will watch this city crumble. The only person who could come in and run things the way he has is Obama and my hope is that he becomes the next president of the United States. If not, it might be nice to have him back here - at least the majority of Chicagoans across all lines of parties, races and creeds will be happy...But until then, can we please not turn every fucking post about politics into a Daley bashing session?
WL: I never made a threat, but as Vise was wise enough to string together, a joke about meeting him. I am a pacifist, by the way. I'd also like to point out that I'm not some faceless internet tough-guy, at least no more so than you. WL is a what? Moniker? Next...
Wood/Andy: I usually try to offer ideas along with the bitching. Not all the time, but often. But you can't see past your worship of Daley to see this. And I would never accuse Daley or his old man of being on the take--who has? I love how you already are setting the person who follows Daley up for failure--Christ, man, do you ever listen to yourself? Do you ever think about other cities that have bounced back without having Daley in charge? Do you ever think that this city might even better had someone other than Daley been in charge? Are you seriously that small-minded?
Here's the deal, Woody: Chicago is probably the only major Rust Belt city to really be shining right now, to be a real global contender. Daley gets some credit; as well, I credit to his old man for many things. That said, we seem to be on the verge of some serious shit: the failing CTA; the crappy city finances; an explosion of lawsuits related to police brutality then and now; the continuing failure of city schools to produce capable graduates; etc. Daley has been mayor for more than 15 years, so he gets some blame, as his priorities, I think, have been more cosmetic than anything else. I'll tell you this, too: I almost voted for him last time, despite his denial of corruption, despite his lack of talk about the CTA, despite the crappy schools and neglected neighborhoods. I figured hey, at least he loved the city with all his heart, and gets a few things done. Then I realized something: He might love the city, but he sure as hell loves the power, and his ego, more than he loves Chicago--why else would he so neglect the day-to-day needs of Chicagoans, the long-term action this city requires? Sure, this describes most politicians, but Daley's appeal was always that he loved Chicago sooo much, carried the city in his heart. Bullshit. He's just another tiny tyrant who gives us the progress of illusion.
You Daley backers are sure eager to credit Daley for everything but the sun coming up in the morning, yet you have this amazing ability to absolve him of any responsbility for the crap. I am so sorry I wasn't here during the hellish days of the 80s and didn't pay my dues like you brave people of Chicago, but I was in my own working class, industrial city that also declined, so spare me your cheap emotion about having to suffer so much.
Kevin, you're right, of course, that the 2nd Amendment guarantees the right to bear arms.
But there's a caveat: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed." In other words, the reason why the right to bear arms exists is because a well regulated militia is necessary for the security of a free State. Given that we already have a well regulated militia -- the National Guard -- and that additional militias aren't actually necessary for our security (thankfully), I would suggest it's time to revisit what the right to keep and bear arms should mean.
Switzerland is a good counter-example, but it also supports what I'm saying about militias: the Swiss need to arm everyone because the don't have a large standing army. Also, even in Switzerland, handguns are treated differently, and more restrictions are placed on their ownership.
In re: Canada, you're right: there are more guns per capita there than here in the U.S. But the crucial difference is that handguns are tougher to get in Canada -- you have to be part of a gun club, or a bona fide collector, or get special permission to carry the gun for self-protection. So, while there are more guns per capita in Canada, there are fewer handguns per capita, and this (in addition to cultural and other factors, surely) is one reason why gun violence in Canada is less than it is here.
Steve, you're right to suggest that we can't know whether or not the gun on your hip will kill an innocent person. All we can say is that it's more likely to kill an innocent person than a criminal. And I think we should make public policy decisions based on the outcomes that are likely to happen. Your analogy about alcohol is interesting, and poignant, but I don't think it's entirely accurate, unless we consider it in the context of drunk driving, which is against the law. And that's because drinking is usually a risk we incur ourselves (so long as we don't do it and get behind the wheel of a car). Having a handgun gun puts other people in our vicinity at increased risk. Again, there are times when armed citizens can foil crimes, vigilante style. But for every example of that, there are dozens of other handgun accidents that take people's lives.
1. I'm pro right to bear arms
2. The Switzerland example is a total strawman always employed by disingenuous pro gun types.
Just take a few seconds to think about ALL the things about Switzerland that are completely different than the U.S.
joshua: Your argument for the collective rights theory is old, and has been ripped up pretty mightily by the DC Circuit. I don't understand why the Second Amendment is supposed to be read differently than the other ten, given that the rights of The People are enumerated quite clearly in the Bill of Rights. Did the founding fathers suddenly take leave of their senses when they wrote that amendment, meaning instead to say that the right of the states to keep and bear arms shall not be infringed? Given the clarity of the Verdugo-Urquidez ruling, I fear that if we reimagine the Second Amendment in terms of rights that the states hold, apart from the people, we will have given up the last of our liberties.
I'm sympathetic to taking guns out of the hands of dangerous people. But I am also infuriated that I can't posses a handgun in this city, and that it is so tremendously difficult to possess a firearm in Illinois. Considering that New York, Chicago, and Los Angeles have some of the most restrictive firearms control policies in the nation, yet also have some of the worst incidents of gun violence, it's clear that prohibition isn't working.
Why can't the state create a regulation system where law-abiding citizens (like myself) can posses firearms responsibly? Doesn't the state have a much more profound interest in ensuring that people know how to safely handle and use firearms, rather than trying to pretend that if we refuse to allow people to register their weapons they will go away? In states out west, where conceal-carry laws are in place, incidents of gun violence is lower.
As it stands now, the only people that can carry handguns in Chicago (besides the aldermen) are cops and criminals. I'm left in the middle, and frankly, I find it insulting that the state tells me what is good for me and what isn't. Yes, guns are dangerous, but so is smoking and drinking, and they all have a cost and an impact on society as well.
"While we generally agree that most legitimate sportsmen don’t need semiautomatic assault weapons or large capacity ammunition feeding devices"
If that were true the legislature wouldn't have had to put in exceptions in their latest ban-bills specifically for legitimate sporting uses of both.
Of course they only did it for the Olympics because that's the only politically correct shooting sport as far as they're concerned, but of course other competition shooters and amateur shooters use the same things for obvious reasons. They're higher quality expensive firearms that you can practice longer with between reloads.
Since even the Illinois Campaign Against Gun Violence admits that shooting deaths average 3 shots a 10 round ban is absurd when standard magazines for pistols are often higher than that. This ban targets normal guns, even the types of pistols cops carry as defensive sidearms. The "assault weapons" they typically display (the oogy-boogy scary ones) are less likely to be used in a murder than fists and feet.
It's just absurd for them to get hysterical about it and even more absurd for reasonable people to aid them in the cause.
- Glock21
I wrote a couple more detailed pieces on why both the magazine ban and assault weapons bans recently floating around the GA were absolutely absurd if anyone is interested:
Magazine Ban Looming - UPDATE
Kevin, you bring up a number of important issues.
You are right, the collective rights argument is old, and it would seem that the Verdugo-Urquidez decision undermines it. However, I don't think it is necessarily true that the Verdugo-Urquidez decision is correct. The founding fathers did not have as expansive an understanding of The People as we do now (unfortunately). Recall that the major impetus behind the inclusion of the Second Amendment in the Bill of Rights was Shay's Rebellion, during which the lack of an effective military response (i.e. a decent militia) indicated an immediate threat to the security of the State. I am usually a textualist, not an originalist, in Constitutional interpretation, but if we are going to invoke the feelings of the founders, I'm inclined to think that they conceived of the right to bear arms as inherently a collective right, and not an individual one (because if it were an individual one, then it would have been an invitation to a repeat of Shay's, no?). Moreover, I would argue that, in the existing Constitutional framework, the scope of individual rights of gun ownership is a matter for the individual States to decide, which is what happens now, more or less (with more or less satisfactory results).
It's true that big cities have restrictive firearms laws, and are also plaugued with gun violence. But I would argue that if a big city is next to a region, or a near a state, with less restrictive gun laws, then the city's restrictions themselves are not nearly as effective (not to mention the fact that these prohibitions are not always well enforced in themselves). Incidentally, I think this might be one of the mayor's points -- these kinds of laws need to be as uniformally applied as possible (I know this is a herculean, if not impossible, task in our country).
Yes, of course, smoking and drinking kill people too. But they don't (with the exceptions of drunk driving and second hand smoke) kill people who don't smoke and drink. Handguns -- even licensed ones owned by law-abiding citizens -- end up causing the deaths of innocent people who don't necessary own handguns, and I think this is the ongoing tragedy from which we've tended, as a nation, to avert our eyes. If we could figure out a way to somehow rid our country of handguns, we could save a lot of lives in the long run.
Nice chatting with you.
joshua: Clever arguments. They may work well in theory, but will they hold in practice?
I am unconvinced that Shay's Rebellion was the "major impetus" for including the second amendment. Read the history in the circuit court's arguments in both both Parker et al, and US v Emerson. Besides, reading the amendment in the individual rights context absolutely invites a repeat of Shay's Rebellion. That was the intent for both the amendment and the founding fathers. This is a nation founded in armed revolution.
I would argue that the answer to gun violence is not ridding the nation of handguns, but rather a deeper examination of the violence of our culture, something that government can aid, but most likely cannot lead.
Joshua also neglects that the militia is split up into the organized (National Guard) and unorganized (able bodied persons capable of providing for the common defense) militia.
10 United States Code 311
311. Militia: composition and classes
Release date: 2004-03-18
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
In Illinois specifically the Constitution defines the militia thusly:
SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons residing in the State except those exempted by law.
SECTION 2. SUBORDINATION OF MILITARY POWER
The military shall be in strict subordination to the civil power.
SECTION 3. ORGANIZATION, EQUIPMENT AND DISCIPLINE
The General Assembly shall provide by law for the
organization, equipment and discipline of the militia in conformity with the laws governing the armed forces of the United States.
SECTION 4. COMMANDER-IN-CHIEF AND OFFICERS
(a) The Governor is commander-in-chief of the organized militia, except when they are in the service of the United States. He may call them out to enforce the laws, suppress insurrection or repel invasion.
(b) The Governor shall commission militia officers who shall hold their commissions for such time as may be provided by law.
The individual right exists so that individuals are capable of providing for the common defense. Historically this has always been the case. See US vs Miller, the most current and relevant Supreme Court case on the subject.
Though they denied that the 2nd Amendment protected the ownership of sawed off shotguns it was merely because such firearms or anything like them were shown to be part of any modern military. This was probably mostly due to the fact that the defendants were not there or represented in the case to show that they had indeed been used as trench sweepers at the time. The Court relied on the historic and Constitutional protection of the right of citizens to own firearms for the common defense. Their arguments in the case would actually support the ownership of modern military weapons over others.
I'd also like to point out that the militia is technically under the authority of the governor or the President, when in the service of the federal government. So we aren't talking about armed yahoos acting freely beyond the chain of command. The right of rebellion exists without the Constitution and pre-dates it as an inalienable right that predates the Constitution. The Constitution itself empowers congress to use the milita to put down rebellions and insurrections. To suggest that militia rights in the Constitution exist to allow rebellions and insurrections is antithetical.
Something I discussed in my article Clarity on the Militia for 2nd Amendment Defenders.
Our 2nd Amendment rights are primarily for the common defense, just as our 1st Amendment rights are primarily for the ability to criticize our government and aid self-government.
But just as the 1st Amendment expands beyond mere political protections the 2nd also goes beyond mere common defense protections and into the realm of personal protection.
As the 9th Amendment clearly points out, the enumeration of rights in the Constitution shall not be construed to deny or disparage others retained by the people. A disclaimer that is based upon Madison's fears of a Bill of Rights actually ending up as a tool to restrict rights not enumerated.
As we have seen his fears weren't entirely unwarranted.
-Glock21
Quick typo fix...
"Though they denied that the 2nd Amendment protected the ownership of sawed off shotguns it was merely because such firearms or anything like them were shown to be part of any modern military."
Should have said:
"Though they denied that the 2nd Amendment protected the ownership of sawed off shotguns it was merely because such firearms or anything like them WEREN'T shown to be part of any modern military."
Sorry.
-Glock21
Thank you both for pointing out things I had missed.
Glock, you're right, I did neglect the unorganized militia, on the grounds that I don't really see the unorganized militia as an actually functioning functioning part of our civil defense (unlike, say, in Switzerland). There's no doubt the Founders did, though, so you are right to point this out.
Kevin, I fear that your own astute historical analysis obviates your hope in cultural renovation. Given our violent history, and our approval of gun ownership, why would there be any reason to assume that our culture could change to become less violent? Hence my preference for the legal route, one followed in many other countries with real success.
"There are more gun, per capita, in Canada than in the US. Yet our homocide rates by firearm are higher. Why is this?"
Obviously that is because Canada is more rural and has a colder climate. As surely everyone knows, it is generally the densely populated areas that have problems with violance. And many of the gang shootings (which account for a very large percentage of the homicides) occur or are instigated when people are outside. When it is cold, people are less likely to be outside. There is no mystery with the reasoning behind that statistic.
MK... you make a good point but I'd add the additional data that is a bit more comprehensive to solidify your point.
The Harvard Journal of Law & Public Policy had a recent article compiling various studies and figures on violent crime and firearms that shows that, far more than gun control, societal factors and other issues overwhelmingly dominate the murder rates and even the firearm homicide rates in various nations.
The study available here is a bit of a long read relatively speaking for blog commentary but absolutely worth it to strengthen arguments that gun control is rarely the the primary factor behind firearm related deaths, whether they be homicide or suicide. Societal factors have always been far more important in regards to culture and the effectiveness of law enforcement generally. It even gets into the fact that homicide rates were generally higher than today in the era before firearms, mostly due to those same societal issues.
The journal is part of most Federalist Society members' mailed materials but also available on-line. I'd highly recommend joining the society to conservatives, especially if you're already in the Chicago area where there is an active chapter and many events take place. It's cheap and well worth it imho. I don't mean to spam, but I've been fairly impressed with what the $5 yearly membership fees have opened up to me. Even as a downstater who would rarely drive all the way up for most of the Chicago area events.
I'm more of liberal but I'm a Constitutionalist liberal... I don't think liberalism should be constrained to conservative Marxist doctrine (for some crazy reason). I think our founding fathers were liberals and modern "liberals" have corrupted the term.
It's all fine and dandy to talk about ending poverty, giving everyone a free education, making sure all parents are good parents, and changing the culture of violence in America...
but that doesn't change the fact that 500 Chicago children were shot so far, this year. We'll be over 1,000 of our kids with bullets in them by New Years Eve.
Constitution, Schmonstitution. We've changed it before, like to give women a vote, and if there are compelling reasons (like tens of thousands of dead kids), we should do it again.