Dr Simon Boucher ~ bouches@tcd.ie

Gun Control

Government and Politics of the USAWeek 2 TT:

Hillary Term Essays…• As per Michaelmas Term essays, Hillary Term essays will

be returned in tutorials in weeks 3 – 4 of term

The Summer Exam…• Worth 75% of year• Summer exam will follow the very same format as the

2007 paper…– 11 questions, all worth equal marks– Mix of questions from all 3 terms– Full year students answer any FOUR questions– Two-term and half-year students should answer THREE

questions (and indicate their status on their answer book)

Housekeeping

Trinity term schedule

Wk 2Gun control

MHW chaps 12, 19

Singh chaps 19, 20Capital punishment

Wk 3Race Singh chap 24

McKay chap 19MHW chap 10LGS chap 4Civil liberties and civil rights

Wk 4War in Iraq?

TBDEnd of year review / exam preview

Plus final tutorial cycle run in weeks 3 & 4

GUN CONTROL

Required reading…• MHW Chapter 8: “Gun Control – the Right to Bear

Arms”• Singh Chapter 19: “Gun Control”

Additional reading…• Jan Dizzard, Robert Merrill Muth, Stephen Andrews -

“Guns in America – A Reader” (1999)• Robert Spitzer – “The Politics of Gun Control” (1995)

Additional resources…• www.nra.org • http://www.csgv.org/

Readings on gun control

American gun ownership statistics

Some facts on US gun ownership…

• 1 in 6 Americans own a handgun• Approx. 50% of households own a gun• Americans owned approx. 250 million guns in 2002• There are 28,000 licensed gun dealers in the US• It is more difficult to get a driving license in America

then it is to purchase a handgun

“America possesses the most heavily and legally armed citizenry in the world”

With what result?...

Impact of American gun laws

• The US suffers 2 handgun crimes per minute• 38,000 gun-related deaths occurred in the US per year

in the 1990s • More Americans have died of gun-related violence since

1933 than died in every major war, including… – The War of Independence– The American Civil War – WW 1 and WW 2– The Korean War and

Vietnam – Afghanistan and Iraq

“America possesses the most heavily and legally armed citizenry in the world”

Accounting for American guns

A majority of Americans supportstronger gun control laws…

But little, if nothing is being done.

Puzzle:

WHY?

Accounting for American guns

Several factors combine to explain America’s relationship with guns

InstitutionalStructure

The Pro-Gun Lobby

Political Culture

The Constitution

The Constitution and guns

The Second Amendment

A “supremely clear” justification for individual gun ownership in the 21st century?

“A well regulated militia,

being necessary to the security of a free state,

the right of the people to keep a bear arms,

shall not be infringed”

The Constitution and guns

“A well regulated militia,

being necessary to the security of a free state,

the right of the people to keep a bear arms,

shall not be infringed”

The Second Amendment

Interpretation 1: “Collective” / “state-rights” approach• Focuses on preamble• Right to bear arms resides collectively in state militias?• These militias must be well-regulated?…Therefore gun control legitimate?

The Constitution and guns

“A well regulated militia,

being necessary to the security of a free state,

the right of the people to keep a bear arms,

shall not be infringed”

The Second Amendment

Interpretation 2: “Individualist” approach• Focuses on latter clause• Wording in isolation apparently definitive• John Ashcroft: “unequivocally confers an individual right

to gun ownership”

The Constitution and guns

• Original rationale: concern for state tyranny, protection of individual liberty – “freedom’s insurance policy”

• How should this translate in 21st century America?

• American public believe they have a constitutional right to a gun

• How absolute are Constitutional rights?

Political culture and guns

• Guns have played a mythical and factual role in the nation’s historical development

• Learning to handle a gun is a rite of passage for boys in many southern and mid-western states

• Americans generally consider gun ownership to be a reasonable method of self-protection

• Views on guns tend to divide along the fault lines of America’s “culture wars”

Guns are closely associated with the concern for individual liberty

at the heart of US political culture

Political culture and guns

US politicians use gun imagery to

appeal to conservative and rural voters

The pro-gun lobby

“From my cold dead hands!”Charlton Heston

The pro-gun lobby

The NRA is…• Passionate – “almost evangelical”• Large – 4m members, 300 staff• Exceptionally well-funded - $100m budget PA• Politically savvy, cut-throat, feared• Highly organised• Focused• Well connected• Has no serious anti-gun counterpart – passive,

disorganised, small, poorly funded

May 2001: NRA voted “most influential interest group”by Fortune Magazine

Arguments in favour of gun rights

• Almost all gun owners act responsibly. Why should their rights be trampled on by an irresponsible minority?

• America has very high murder and suicide rates regardless of guns

• Numerous crimes are prevented based on the deterrent affect of guns

• Gun possession has a central place in American history and culture

• The real problem lies in… – Parental neglect – The culture of violence encouraged by Hollywood– Improper ìmplementation of existing laws

Stronger gun control is an undesirable, ineffective and unnecessary step

The National Rifle Association (NRA)

“The subject of one of the greatest pieces of fraud, I repeat, fraud,

on the American public by a special interest group that I have ever seen

in my lifetime…

The NRA have misled the American people and they, I regret to say, have far too much influence on

the Congress of the United States”.

- Chief Justice Warren Burger

Institutional structure and guns

The US political system works in favour of the NRA…

• Weak parties • frequent elections• Candidate-centred campaigns • The imperative of localism

• Make candidates risk-averse and “vulnerable to intimidation”

• Gives little incentive to challenge the status quo and a powerful and ruthless lobby group

Recent gun-related legislation

Existing laws are weak and permissive. However although 54% of Americans want stricter

gun control…

• It took 12 years for the “Brady Bill” to eventually be passed in 1992. The SC has since ruled elements of the Brady Bill unconstitutional

• Clinton and Tom Foley guided minor gun control laws through in 1994 – the Democrats promptly lost their House majority and Foley lost his seat. These laws had little impact on gun-death statistics

• Bush has strongly supported the gun rights lobby for the last 8 years; many states have actually passed laws increasing gun rights in this time. 9/11 further undermined gun control efforts

2008 candidates and guns

Doesn’t say anything on his website.Historically pro-control – wants existing laws properly implemented & tighter restrictions imposed.

Doesn’t say anything on her website.Historically pro-control – supported Bill’s policies, generallyStrongly opposes absolute right to gun ownership.

“The right of law abiding citizens to keep and bear arms is a fundamental, individual Constitutional right. We have a responsibility to ensure that criminals who violate the law are prosecuted to the fullest, rather than restricting the rights of law abiding citizens. Gun control is a proven failure in fighting crime. Law abiding citizens should not be asked to give up their rights because of criminals— criminals who ignore gun control laws anyway.

A closing thought…

There have been 114 gun crimes

in America since the start of this lecture.

4 people have been shot dead.