The False Promise of Gun Control
by Daniel D. Polsby
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GUN-CONTROL LAWS MAY SAVE SOME LIVES,
BUT THEY CAN NEVER STEM THE FLOW OF GUNS,
AND THEY DIVERT ATTENTION FROM THE ROOTS OF OUR CRIME PROBLEM
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During the 1960s and 1970s the robbery rate in the United States increased six-fold, and the murder rate doubled; the rate of handgun ownership nearly doubled in that period as well. Handguns and criminal violence grew together apace, and national opinion leaders did not fail to remark on the coincidence.
It has become a bipartisan article of faith that more handguns cause more violence. Such was the unequivocal conclusion of the National Commission on the Causes and Prevention of Violence in 1969, and such is now the editorial opinion of virtually every influential newspaper and magazine, from The Washington Post to The Economist to the Chicago Tribune. Members of the House and Senate who have not dared to confront the gun lobby concede the connection privately. Even if the National Rifle Association can produce blizzards of angry calls and letters to the Capitol virtually overnight, House members one by one have been going public, often after some new firearms atrocity at a fast-food restaurant or the like. And last November they passed the Brady bill.
Alas, however well accepted, the conventional wisdom about guns and violence is mistaken. Guns don`t increase national rates of crime and violence but the continued proliferation of gun-control laws almost certainly does. Current rates of crime and violence are a bit below the peaks of the late 1970s, but because of a slight oncoming bulge in the at-risk population of males aged fifteen to thirty-four, the crime rate will soon worsen. The rising generation of criminals will have no more difficulty than their elders did in obtaining the tools of their trade. Growing violence will lead to calls for laws still more severe. Each fresh round of legislation will be followed by renewed frustration.
Gun-control laws don`t work. What is worse, they act perversely. While legitimate users of firearms encounter intense regulation, scrutiny, and bureaucratic control, illicit markets easily adapt to whatever difficulties a free society throws in their way. Also, efforts to curtail the supply of firearms inflict collateral damage on freedom and privacy interests that have long been considered central to American public life. Thanks to the seemingly never-ending war on drugs and long experience attempting to suppress prostitution and pornography, we know a great deal about how illicit markets function and how costly to the public attempts to control them can be. It is essential that we make use of this experience in coming to grips with gun control.
The thousands of gun-control laws in the United States are of two general types. The older kind sought to regulate how, where, and by whom firearms could be carried. More recent laws have sought to make it more costly to buy, sell, or use firearms (or certain classes of firearms, such as assault rifles, Saturday-night specials, and so on) by imposing fees, special taxes, or surtaxes on them. The Brady bill is of both types: it has a background-check provision, and its five-day waiting period amounts to a "time tax" on acquiring handguns. All such laws can be called scarcity-inducing, because they seek to raise the cost of buying firearms, as figured in terms of money, time, nuisance, or stigmatization.
Despite the mounting number of scarcity-inducing laws, no one is very satisfied with them. Hobbyists want to get rid of them, and gun-control proponents don`t think they go nearly far enough. Everyone seems to agree that gun-control laws have some effect on the distribution of firearms. But it has not been the dramatic and measurable effect their proponents desired.
Opponents of gun control have traditionally wrapped their arguments in the Second Amendment to the Constitution. Indeed, most modern scholarship affirms that so far as the drafters of the Bill of Rights were concerned, the right to bear arms was to be enjoyed by everyone, not just a militia, and that one of the principal justifications for an armed populace was to secure the tranquillity and good order of the community. But most people are not dedicated antiquitarians, and would not be impressed by the argument "I admit that my behavior is very dangerous to public safety, but the Second Amendment says I have a right to do it anyway." That would be a case for repealing the Second Amendment, not respecting it.
Fighting the Demand Curve
Everyone knows that possessing a handgun makes it easier to intimidate, wound, or kill someone. But the implication of this point for social policy has not been so well understood. It is easy to count the bodies of those who have been killed or wounded with guns, but not easy to count the people who have avoided harm because they had access to weapons. Think about uniformed police officers, who carry handguns in plain view not in order to kill people but simply to daunt potential attackers. And it works. Criminals generally do not single out police officers for opportunistic attack. Though officers can expect to draw their guns from time to time, few even in big-city departments will actually fire a shot (except in target practice) in the course of a year. This observation points to an important truth: people who are armed make comparatively unattractive victims. A criminal might not know if any one civilian is armed, but if it becomes known that a large number of civilians do carry weapons, criminals will become warier.
Which weapons laws are the right kinds can be decided only after considering two related questions. First, what is the connection between civilian possession of firearms and social violence? Second, how can we expect gun-control laws to alter people`s behavior? Most recent scholarship raises serious questions about the "weapons increase violence" hypothesis. The second question is emphasized here, because it is routinely overlooked and often mocked when noticed; yet it is crucial. Rational gun control requires understanding not only the relationship between weapons and violence but also the relationship between laws and people`s behavior. Some things are very hard to accomplish with laws. The purpose of a law and its likely effects are not always the same thing. Many statutes are notorious for the way in which their unintended effects have swamped their intended ones.
In order to predict who will comply with gun-control laws, we should remember that guns are economic goods that are traded in markets. Consumers` interest in them varies. For religious, moral, aesthetic, or practical reasons, some people would refuse to buy firearms at any price. Other people willingly pay very high prices for them.
Handguns, so often the subject of gun-control laws, are desirable for one purpose to allow a person tactically to dominate a hostile transaction with another person. The value of a weapon to a given person is a function of two factors: how much he or she wants to dominate a confrontation if one occurs, and how likely it is that he or she will actually be in a situation calling for a gun.
Dominating a transaction simply means getting what one wants without being hurt. Where people differ is in how likely it is that they will be involved in a situation in which a gun will be valuable. Someone who intends to engage in a transaction involving a gun a criminal, for example is obviously in the best possible position to predict that likelihood. Criminals should therefore be willing to pay more for a weapon than most other people would. Professors, politicians, and newspaper editors are, as a group, at very low risk of being involved in such transactions, and they thus systematically underrate the value of defensive handguns. (Correlative, perhaps, is their uncritical readiness to accept studies that debunk the utility of firearms for self-defense.) The class of people we wish to deprive of guns, then, is the very class with the most inelastic demand for them criminals whereas the people most likely to comply with gun-control laws don`t value guns in the first place.
Do Guns Drive Up Crime Rates?
Which premise is true that guns increase crime or that the fear of crime causes people to obtain guns? Most of the country`s major newspapers apparently take this problem to have been solved by an article published by Arthur Kellermann and several associates in the October 7, 1993, New England Journal of Medicine. Kellermann is an emergency-room physician who has published a number of influential papers that he believes discredit the thesis that private ownership of firearms is a useful means of self-protection. (An indication of his wide influence is that within two months the study received almost 100 mentions in publications and broadcast transcripts indexed in the Nexis data base.) For this study Kellermann and his associates identified fifteen behavioral and fifteen environmental variables that applied to a 388-member set of homicide victims, found a"matching" control group of 388 non-homicide victims, and then ascertained how the two groups differed in gun ownership. In interviews Kellermann made clear his belief that owning a handgun markedly increases a person`s risk of being murdered.
But the study does not prove that point at all. Indeed, as Kellermann explicitly conceded in the text of the article, the causal arrow may very well point in the other direction: the threat of being killed may make people more likely to arm themselves. Many people at risk of being killed, especially people involved in the drug trade or other illegal ventures, might well rationally buy a gun as a precaution, and be willing to pay a price driven up by gun-control laws. Crime, after all, is a dangerous business. Peter Reuter and Mark Kleiman, drug-policy researchers, calculated in 1987 that the average crack dealer`s risk of being killed was far greater than his risk of being sent to prison. (Their data cannot, however, support the implication that ownership of a firearm causes or exacerbates the risk of being killed.)
Defending the validity of his work, Kellermann has emphasized that the link between lung cancer and smoking was initially established by studies methodologically no different from his. Gary Kleck, a criminology professor at Florida State University, has pointed out the flaw in this comparison. No one ever thought that lung cancer causes smoking, so when the association between the two was established the direction of the causal arrow was not in doubt. Kleck wrote that it is as though Kellermann, trying to discover how diabetics differ from other people, found that they are much more likely to possess insulin than non-diabetics, and concluded that insulin is a risk factor for diabetes.
The New York Times, the Los Angeles Times, The Washington Post, The Boston Globe, and the Chicago Tribune all gave prominent coverage to Kellermann`s study as soon as it appeared, but none saw fit to discuss the study`s limitations. A few, in order to introduce a hint of balance, mentioned that the NRA, or some member of its staff, disagreed with the study. But readers had no way of knowing that Kellermann himself had registered a disclaimer in his text. "It is possible," he conceded, "that reverse causation accounted for some of the association we observed between gun ownership and homicide." Indeed, the point is stronger than that: "reverse causation" may account for most of the association between gun ownership and homicide. Kellermann`s data simply do not allow one to draw any conclusion.
If firearms increased violence and crime, then rates of spousal homicide would have skyrocketed, because the stock of privately owned handguns has increased rapidly since the mid-1960s. But according to an authoritative study of spousal homicide in the American Journal of Public Health, by James Mercy and Linda Saltzman, rates of spousal homicide in the years 1976 to 1985 fell. If firearms increased violence and crime, the crime rate should have increased throughout the 1980s, while the national stock of privately owned handguns increased by more than a million units in every year of the decade. It did not. Nor should the rates of violence and crime in Switzerland, New Zealand, and Israel be as low as they are, since the number of firearms per civilian household is comparable to that in the United States. Conversely, gun-controlled Mexico and South Africa should be islands of peace instead of having murder rates more than twice as high as those here. The determinants of crime and law-abidingness are, of course, complex matters, which are not fully understood and certainly not explicable in terms of a country`s laws. But gun-control enthusiasts, who have made capital out of the low murder rate in England, which is largely disarmed, simply ignore the counter-examples that don`t fit their theory.
If firearms increased violence and crime, Florida`s murder rate should not have been falling since the introduction, seven years ago, of a law that makes it easier for ordinary citizens to get permits to carry concealed handguns. Yet the murder rate has remained the same or fallen every year since the law was enacted, and it is now lower than the national murder rate (which has been rising). As of last November 183,561 permits had been issued, and only seventeen of the permits had been revoked because the holder was involved in a firearms offense. It would be precipitate to claim that the new law has "caused" the murder rate to subside. Yet here is a situation that doesn`t fit the hypothesis that weapons increase violence.
If firearms increased violence and crime, programs of induced scarcity would suppress violence and crime. But another anomaly they don`t. Why not? A theorem, which we could call the futility theorem, explains why gun-control laws must either be ineffectual or in the long term actually provoke more violence and crime. Any theorem depends on both observable fact and assumption. An assumption that can be made with confidence is that the higher the number of victims a criminal assumes to be armed, the higher will be the risk the price of assaulting them. By definition, gun-control laws should make weapons scarcer and thus more expensive. By our prior reasoning about demand among various types of consumers, after the laws are enacted criminals should be better armed, compared with non-criminals, than they were before. Of course, plenty of non-criminals will remain armed. But even if many non-criminals will pay as high a price as criminals will to obtain firearms, a larger number will not.
Criminals will thus still take the same gamble they already take in assaulting a victim who might or might not be armed. But they may appreciate that the laws have given them a freer field, and that crime still pays pays even better, in fact, than before. What will happen to the rate of violence? Only a relatively few gun-mediated transactions currently, five percent of armed robberies committed with firearms result in someone`s actually being shot (the statistics are not broken down into encounters between armed assailants and unarmed victims, and encounters in which both parties are armed). It seems reasonable to fear that if the number of such transactions were to increase because criminals thought they faced fewer deterrents, there would be a corresponding increase in shootings. Conversely, if gun-mediated transactions declined if criminals initiated fewer of them because they feared encountering an armed victim or an armed good Samaritan the number of shootings would go down. The magnitude of these effects is, admittedly, uncertain. Yet it is hard to doubt the general tendency of a change in the law that imposes legal burdens on buying guns. The futility theorem suggests that gun-control laws, if effective at all, would unfavorably affect the rate of violent crime.
The futility theorem provides a lens through which to see much of the debate. It is undeniable that gun-control laws work to an extent. Consider, for example, California`s background-check law, which in the past two years has prevented about 12,000 people with a criminal record or a history of mental illness or drug abuse from buying handguns. In the same period Illinois`s background-check law prevented the delivery of firearms to more than 2,000 people. Surely some of these people simply turned to an illegal market, but just as surely not all of them did. The laws of large numbers allow us to say that among the foiled thousands, some potential killers were prevented from getting a gun. We do not know whether the number is large or small, but it is implausible to think it is zero. And, as gun-control proponents are inclined to say, "If only one life is saved . . ."
The hypothesis that firearms increase violence does predict that if we can slow down the diffusion of guns, there will be less violence; one life, or more, will be saved. But the futility theorem asks that we look not simply at the gross number of bad actors prevented from getting guns but at the effect the law has on all the people who want to buy a gun. Suppose we succeed in piling tax burdens on the acquisition of firearms. We can safely assume that a number of people who might use guns to kill will be sufficiently discouraged not to buy them. But we cannot assume this about people who feel that they must have guns in order to survive financially and physically. A few lives might indeed be saved. But the overall rate of violent crime might not go down at all. And if guns are owned predominantly by people who have good reason to think they will use them, the rate might even go up.
Are there empirical studies that can serve to help us choose between the futility theorem and the hypothesis that guns increase violence? Unfortunately, no: the best studies of the effects of gun-control laws are quite inconclusive. Our statistical tools are too weak to allow us to identify an effect clearly enough to persuade an open-minded skeptic. But it is precisely when we are dealing with undetectable statistical effects that we have to be certain we are using the best models available of human behavior.
Sealing the Border
Handguns are not legally for sale in the city of Chicago, and have not been since April of 1982. Rifles, shotguns, and ammunition are available, but only to people who possess an Illinois Firearm Owner`s Identification (FOID) card. It takes up to a month to get this card, which involves a background check. Even if one has a FOID card there is a waiting period for the delivery of a gun. In few places in America is it as difficult to get a firearm legally as in the city of Chicago.
Yet there are hundreds of thousands of unregistered guns in the city, and new ones arriving all the time. It is not difficult to get handguns even legally. Chicago residents with FOID cards merely go to gun shops in the suburbs. Trying to establish a city as an island of prohibition in a sea of legal firearms seems an impossible project.
Is a state large enough to be an effective island, then? Suppose Illinois adopted Chicago`s handgun ban. Same problem again. Some people could just get guns elsewhere: Indiana actually borders the city, and Wisconsin is only forty miles away. Though federal law prohibits the sale of handguns in one state to residents of another, thousands of Chicagoans with summer homes in other states could buy handguns there. And, of course, a black market would serve the needs of other customers.
When would the island be large enough to sustain a weapons-free environment? In the United States people and cargoes move across state lines without supervision or hindrance. Local shortages of goods are always transient, no matter whether the shortage is induced by natural disasters, prohibitory laws, or something else.
Even if many states outlawed sales of handguns, then, they would continue to be available, albeit at a somewhat higher price, reflecting the increased legal risk of selling them. Mindful of the way markets work to undermine their efforts, gun-control proponents press for federal regulation of firearms, because they believe that only Congress wields the authority to frustrate the interstate movement of firearms.
Why, though, would one think that federal policing of illegal firearms would be better than local policing? The logic of that argument is far from clear. Cities, after all, are comparatively small places. Washington, D.C., for example, has an area of less than 45,000 acres. Yet local officers have had little luck repressing the illegal firearms trade there. Why should federal officers do any better watching the United States` 12,000 miles of coastline and millions of square miles of interior? Criminals should be able to frustrate federal police forces just as well as they can local ones. Ten years of increasingly stringent federal efforts to abate cocaine trafficking, for example, have not succeeded in raising the street price of the drug.
Consider the most drastic proposal currently in play, that of Senator John Chafee, of Rhode Island, who would ban the manufacture, sale, and home possession of handguns within the United States. This proposal goes far beyond even the Chicago law, because existing weapons would have to be surrendered. Handguns would become contraband, and selling counterfeit, stolen, and contraband goods is big business in the United States. The objective of law enforcement is to raise the costs of engaging in crime and so force criminals to take expensive precautions against becoming entangled with the legal system. Crimes of a given type will, in theory, decline as soon as the direct and indirect costs of engaging in them rise to the point at which criminals seek more profitable opportunities in other (not necessarily legal) lines of work.
In firearms regulation, translating theory into practice will continue to be difficult, at least if the objective is to lessen the practical availability of firearms to people who might abuse them. On the demand side, for defending oneself against predation there is no substitute for a firearm. Criminals, at least, can switch to varieties of law-breaking in which a gun confers little or no advantage (burglary, smash-and-grab), but people who are afraid of confrontations with criminals, whether rationally or (as an accountant might reckon it) irrationally, will be very highly motivated to acquire firearms. Long after the marijuana and cocaine wars of this century have been forgotten, people`s demand for personal security and for the tools they believe provide it will remain strong.
On the supply side, firearms transactions can be consummated behind closed doors. Firearms buyers, unlike those who use drugs, pornography, or prostitution, need not recurrently expose themselves to legal jeopardy. One trip to the marketplace is enough to arm oneself for life. This could justify a consumer`s taking even greater precautions to avoid apprehension, which would translate into even steeper enforcement costs for the police.
Don Kates Jr., a San Francisco lawyer and a much-published student of this problem, has pointed out that during the wars in Southeast and Southwest Asia local artisans were able to produce, from scratch, serviceable pot-metal counterfeits of AK-47 infantry rifles and similar weapons in makeshift backyard foundries. Although inferior weapons cannot discharge thousands of rounds without misfiring, they are more than deadly enough for light to medium service, especially by criminals and people defending themselves and their property, who ordinarily use firearms by threatening with them, not by firing them. And the skills necessary to make them are certainly as widespread in America as in the villages of Pakistan or Vietnam. Effective policing of such a cottage industry is unthinkable. Indeed, as Charles Chandler has pointed out, crude but effective firearms have been manufactured in prisons highly supervised environments, compared with the outside world.
Seeing that local firearms restrictions are easily defeated, gun-control proponents have latched onto national controls as a way of finally making gun control something more than a gesture. But the same forces that have defeated local regulation will defeat further national regulation. Imposing higher costs on weapons ownership will, of course, slow down the weapons trade to some extent. But planning to slow it down in such a way as to drive down crime and violence, or to prevent motivated purchasers from finding ample supplies of guns and ammunition, is an escape from reality. And like many another such, it entails a morning after.
Administering Prohibition
Assume for the sake of argument that to a reasonable degree of criminological certainty, guns are every bit the public-health hazard they are said to be. It follows, and many journalists and a few public officials have already said, that we ought to treat guns the same way we do smallpox viruses or other critical vectors of morbidity and mortality namely, isolate them from potential hosts and destroy them as speedily as possible. Clearly, firearms have at least one characteristic that distinguishes them from smallpox viruses: nobody wants to keep smallpox viruses in the nightstand drawer. Amazingly enough, gun-control literature seems never to have explored the problem of getting weapons away from people who very much want to keep them in the nightstand drawer.
Our existing gun-control laws are not uniformly permissive, and, indeed, in certain places are tough even by international standards. Advocacy groups seldom stress the considerable differences among American jurisdictions, and media reports regularly assert that firearms are readily available to anybody anywhere in the country. This is not the case. For example, handgun restrictions in Chicago and the District of Columbia are much less flexible than the ones in the United Kingdom. Several hundred thousand British subjects may legally buy and possess sidearms, and anyone who joins a target-shooting club is eligible to do so. But in Chicago and the District of Columbia, excepting peace officers and the like, only grandfathered registrants may legally possess handguns. Of course, tens or hundreds of thousands of people in both those cities nobody can be sure how many do in fact possess them illegally.
Although there is, undoubtedly, illegal handgun ownership in the United Kingdom, especially in Northern Ireland (where considerations of personal security and public safety are decidedly unlike those elsewhere in the British Isles), it is probable that Americans and Britons differ in their disposition to obey gun-control laws: there is reputed to be a marked national disparity in compliance behavior. This difference, if it exists, may have something to do with the comparatively marginal value of firearms to British consumers. Even before it had strict firearms regulation, Britain had very low rates of crimes involving guns; British criminals, unlike their American counterparts, prefer burglary (a crime of stealth) to robbery (a crime of intimidation).
Unless people are prepared to surrender their guns voluntarily, how can the U.S. government confiscate an appreciable fraction of our country`s nearly 200 million privately owned firearms? We know that it is possible to set up weapons-free zones in certain locations commercial airports and many courthouses and, lately, some troubled big-city high schools and housing projects. The sacrifices of privacy and convenience, and the costs of paying guards, have been thought worth the (perceived) gain in security. No doubt it would be possible, though it would probably not be easy, to make weapons-free zones of shopping centers, department stores, movie theaters, ball parks. But it is not obvious how one would cordon off the whole of an open society.
Voluntary programs have been ineffectual. From time to time community-action groups or police departments have sponsored "turn in your gun" days, which are nearly always disappointing. Sometimes the government offers to buy guns at some price. This approach has been endorsed by Senator Chafee and the Los Angeles Times. Jonathan Alter, of Newsweek, has suggested a variation on this theme: youngsters could exchange their guns for a handshake with Michael Jordan or some other sports hero. If the price offered exceeds that at which a gun can be bought on the street, one can expect to see plans of this kind yield some sort of harvest as indeed they have. But it is implausible that these schemes will actually result in a less-dangerous population. Government programs to buy up surplus cheese cause more cheese to be produced without affecting the availability of cheese to people who want to buy it. So it is with guns.
One could extend the concept of intermittent roadblocks of the sort approved by the Supreme Court for discouraging drunk driving. Metal detectors could be positioned on every street corner, or ambulatory metal-detector squads could check people randomly, or hidden magnetometers could be installed around towns, to detect concealed weapons. As for firearms kept in homes (about half of American households), warrantless searches might be rationalized on the well-established theory that probable cause is not required when authorities are trying to correct dangers to public safety rather than searching for evidence of a crime.
In a recent "town hall" meeting in California, President Bill Clinton used the word "sweeps," which he did not define, to describe how he would confiscate firearms if it were up to him. During the past few years the Chicago Housing Authority chairman, Vincent Lane, has ordered "sweeps" of several gang-ridden public-housing projects, meaning warrantless searches of people`s homes by uniformed police officers looking for contraband. Lane`s ostensible premise was that possession of firearms by tenants constituted a lease violation that, as a conscientious landlord, he was obliged to do something about. The same logic could justify any administrative search. City health inspectors in Chicago were recently authorized to conduct warrantless searches for lead hazards in residential paint. Why not lead hazards in residential closets and nightstands? Someone has probably already thought of it.
Ignoring the Ultimate Sources of Crime and Violence
The American experience with prohibition has been that black marketeers often professional criminals move in to profit when legal markets are closed down or disturbed. In order to combat them, new laws and law-enforcement techniques are developed, which are circumvented almost as soon as they are put in place. New and yet more stringent laws are enacted, and greater sacrifices of civil liberties and privacy demanded and submitted to. But in this case the problem, crime and violence, will not go away, because guns and ammunition (which, of course, won`t go away either) do not cause it. One cannot expect people to quit seeking new weapons as long as the tactical advantages of weapons are seen to outweigh the costs imposed by prohibition. Nor can one expect large numbers of people to surrender firearms they already own. The only way to make people give up their guns is to create a world in which guns are perceived as having little value. This world will come into being when criminals choose not to use guns because the penalties for being caught with them are too great, and when ordinary citizens don't think they need firearms because they aren't afraid of criminals anymore.
Neither of these eventualities seems very likely without substantial departures in law-enforcement policy. Politicians' nostrums -- increasing the punishment for crime, slapping a few more death-penalty provisions into the code -- are taken seriously by few students of the crime problem. The existing penalties for predatory crimes are quite severe enough. The problem is that they are rarely meted out in the real world. The penalties formally published by the code are in practice steeply discounted, and criminals recognize that the judicial and penal systems cannot function without bargaining in the vast majority of cases.
This problem is not obviously one that legislation could solve. Constitutional ideas about due process of law make the imposition of punishments extraordinarily expensive and difficult. Like the tax laws, the criminal laws are basically voluntary affairs. Our system isn't geared to a world of wholesale disobedience. Re-calibrating the system simply by increasing its overall harshness would probably offend and then shock the public long before any of its benefits were felt.
To illustrate, consider the prospect of getting serious about carrying out the death penalty. In recent years executions have been running at one or two dozen a year. As the late Supreme Court Justice Potter Stewart observed, those selected to die constitute a "capriciously selected random handful" taken from a much larger number of men and women who, just as deserving of death, receive prison sentences. It is not easy to be exact about that much larger number. But as an educated guess, taking into account only the most serious murders -- the ones that were either premeditated or committed in the course of a dangerous felony -- there are perhaps 5,000 prisoners a year who could plausibly be executed in the United States: say, 100,000 executions in the next twenty years. It is hard to think that the death penalty, if imposed on this scale, would not noticeably change the behavior of potential criminals. But what else in national life or citizens' character would have to change in order to make that many executions acceptable? Since 1930 executions in the United States have never exceeded 200 a year. At any such modest rate of imposition, rational criminals should consider the prospect of receiving the death penalty effectively nil. On the best current evidence, indeed, they do. Documentation of the deterrent effect of the death penalty, as compared with that of long prison sentences, has been notoriously hard to produce.
The problem is not simply that criminals pay little attention to the punishments in the books. Nor is it even that they also know that for the majority of crimes, their chances of being arrested are small. The most important reason for criminal behavior is this: the income that offenders can earn in the world of crime, as compared with the world of work, all too often makes crime appear to be the better choice.
Thus the crime bill that Bill Clinton introduced last year, which provides for more prisons and police officers, should be of only very limited help. More prisons means that fewer violent offenders will have to be released early in order to make space for new arrivals; perhaps fewer plea bargains will have to be struck -- all to the good. Yet a moment's reflection should make clear that one more criminal locked up does not necessarily mean one less criminal on the street. The situation is very like one that conservationists and hunters have always understood. Populations of game animals readily recover from hunting seasons but not from loss of habitat. Mean streets, when there are few legitimate entry-level opportunities for young men, are a criminal habitat, so to speak, in the social ecology of modern American cities. Cull however much one will, the habitat will be reoccupied promptly after its previous occupant is sent away. So social science has found.
Similarly, whereas increasing the number of police officers cannot hurt, and may well increase people's subjective feelings of security, there is little evidence to suggest that doing so will diminish the rate of crime. Police forces are basically reactive institutions. At any realistically sustainable level of staffing they must remain so. Suppose 100,000 officers were added to police rosters nationwide, as proposed in the current crime bill. This would amount to an overall personnel increase of about 18 percent, which would be parceled out according to the iron laws of democratic politics -- distributed throughout states and congressional districts -- rather than being sent to the areas that most need relief. Such an increase, though unprecedented in magnitude, is far short of what would be needed to pacify some of our country's worst urban precincts.
There is a challenge here that is quite beyond being met with tough talk. Most public officials can see the mismatch between their tax base and the social entropies they are being asked to repair. There simply isn't enough money; existing public resources, as they are now employed, cannot possibly solve the crime problem. But mayors and senators and police chiefs must not say so out loud: too-disquieting implications would follow. For if the authorities are incapable of restoring public safety and personal security under the existing ground rules, then obviously the ground rules must change, to give private initiative greater scope. Self-help is the last refuge of nonscoundrels.
Communities must, in short, organize more effectively to protect themselves against predators. No doubt this means encouraging properly qualified private citizens to possess and carry firearms legally. It is not morally tenable -- nor, for that matter, is it even practical -- to insist that police officers, few of whom are at a risk remotely as great as are the residents of many city neighborhoods, retain a monopoly on legal firearms. It is needless to fear giving honest men and women the training and equipment to make it possible for them to take back their own streets.
Over the long run, however, there is no substitute for addressing the root causes of crime -- bad education and lack of job opportunities and the disintegration of families. Root causes are much out of fashion nowadays as explanations of criminal behavior, but fashionable or not, they are fundamental. The root cause of crime is that for certain people, predation is a rational occupational choice. Conventional crime-control measures, which by stiffening punishments or raising the probability of arrest aim to make crime pay less, cannot consistently affect the behavior of people who believe that their alternatives to crime will pay virtually nothing. Young men who did not learn basic literacy and numeracy skills before dropping out of their wretched public schools may not have been worth hiring at the minimum wage set by George Bush, let alone at the higher, indexed minimum wage that has recently been under discussion by the Clinton Administration. Most independent studies of the effects of raising minimum wages show a similar pattern of excluding the most vulnerable. This displacement, in turn, makes young men free, in the nihilistic, nothing-to-lose sense, to dedicate their lives to crime. Their legitimate opportunities, always precarious in a society where race and class still matter, often diminish to the point of being for all intents and purposes absent.
Unfortunately, many progressive policies work out in the same way as increases in the minimum wage -- as taxes on employment. One example is the Administration's pending proposal to make employer-paid health insurance mandatory and universal. Whatever the undoubted benefits of the plan, a payroll tax is needed to make it work. Another example: in recent years the use of the "wrongful discharge" tort and other legal innovations has swept through the courts of more than half the states, bringing to an end the era of "employment at will," when employees (other than civil servants) without formal contracts -- more than three quarters of the work force -- could be fired for good reason, bad reason, or no reason at all. Most commentators celebrated the loss of the at-will rule. How could one object to a new legal tenet that prohibited only arbitrary and oppressive behavior by employers?
But the costs of the rule are not negligible, only hidden. At-will employment meant that companies could get out of the relationship as easily as employees could. In a world where dismissals are expensive rather than cheap, and involve lawyers and the threat of lawsuits, rational employers must become more fastidious about whom they hire. By raising the costs of ending the relationship, one automatically raises the threshold of entry. The burdens of the rule fall unequally. Worst hit are entry-level applicants who have little or no employment history to show that they would be worth their pay.
Many other tax or regulatory schemes, in the words of Professor Walter Williams, of George Mason University, amount to sawing off the bottom rungs of the ladder of economic opportunity. By suppressing job creation and further diminishing legal employment opportunities for young men on the margin of the work force, such schemes amount to an indirect but unequivocal subsidy to crime.
The solution to the problem of crime lies in improving the chances of young men. Easier said than done, to be sure. No one has yet proposed a convincing program for checking all the dislocating forces that government assistance can set in motion. One relatively straightforward change would be reform of the educational system. Nothing guarantees prudent behavior like a sense of the future, and with average skills in reading, writing, and math, young people can realistically look forward to constructive employment and the straight life that steady work makes possible.
But firearms are nowhere near the root of the problem of violence. As long as people come in unlike sizes, shapes, ages, and temperaments, as long as they diverge in their taste for risk and their willingness and capacity to prey on other people or to defend themselves from predation, and above all as long as some people have little or nothing to lose by spending their lives in crime, dispositions to violence will persist.
This is what makes the case for the right to bear arms, not the Second Amendment. It is foolish to let anything ride on hopes for effective gun control. As long as crime pays as well as it does, we will have plenty of it, and honest folk must choose between being victims and defending themselves.mise of Gun Control
by Daniel D. Polsby
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GUN-CONTROL LAWS MAY SAVE SOME LIVES,
BUT THEY CAN NEVER STEM THE FLOW OF GUNS,
AND THEY DIVERT ATTENTION FROM THE ROOTS OF OUR CRIME PROBLEM
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During the 1960s and 1970s the robbery rate in the United States increased six-fold, and the murder rate doubled; the rate of handgun ownership nearly doubled in that period as well. Handguns and criminal violence grew together apace, and national opinion leaders did not fail to remark on the coincidence.
It has become a bipartisan article of faith that more handguns cause more violence. Such was the unequivocal conclusion of the National Commission on the Causes and Prevention of Violence in 1969, and such is now the editorial opinion of virtually every influential newspaper and magazine, from The Washington Post to The Economist to the Chicago Tribune. Members of the House and Senate who have not dared to confront the gun lobby concede the connection privately. Even if the National Rifle Association can produce blizzards of angry calls and letters to the Capitol virtually overnight, House members one by one have been going public, often after some new firearms atrocity at a fast-food restaurant or the like. And last November they passed the Brady bill.
Alas, however well accepted, the conventional wisdom about guns and violence is mistaken. Guns don`t increase national rates of crime and violence but the continued proliferation of gun-control laws almost certainly does. Current rates of crime and violence are a bit below the peaks of the late 1970s, but because of a slight oncoming bulge in the at-risk population of males aged fifteen to thirty-four, the crime rate will soon worsen. The rising generation of criminals will have no more difficulty than their elders did in obtaining the tools of their trade. Growing violence will lead to calls for laws still more severe. Each fresh round of legislation will be followed by renewed frustration.
Gun-control laws don`t work. What is worse, they act perversely. While legitimate users of firearms encounter intense regulation, scrutiny, and bureaucratic control, illicit markets easily adapt to whatever difficulties a free society throws in their way. Also, efforts to curtail the supply of firearms inflict collateral damage on freedom and privacy interests that have long been considered central to American public life. Thanks to the seemingly never-ending war on drugs and long experience attempting to suppress prostitution and pornography, we know a great deal about how illicit markets function and how costly to the public attempts to control them can be. It is essential that we make use of this experience in coming to grips with gun control.
The thousands of gun-control laws in the United States are of two general types. The older kind sought to regulate how, where, and by whom firearms could be carried. More recent laws have sought to make it more costly to buy, sell, or use firearms (or certain classes of firearms, such as assault rifles, Saturday-night specials, and so on) by imposing fees, special taxes, or surtaxes on them. The Brady bill is of both types: it has a background-check provision, and its five-day waiting period amounts to a "time tax" on acquiring handguns. All such laws can be called scarcity-inducing, because they seek to raise the cost of buying firearms, as figured in terms of money, time, nuisance, or stigmatization.
Despite the mounting number of scarcity-inducing laws, no one is very satisfied with them. Hobbyists want to get rid of them, and gun-control proponents don`t think they go nearly far enough. Everyone seems to agree that gun-control laws have some effect on the distribution of firearms. But it has not been the dramatic and measurable effect their proponents desired.
Opponents of gun control have traditionally wrapped their arguments in the Second Amendment to the Constitution. Indeed, most modern scholarship affirms that so far as the drafters of the Bill of Rights were concerned, the right to bear arms was to be enjoyed by everyone, not just a militia, and that one of the principal justifications for an armed populace was to secure the tranquillity and good order of the community. But most people are not dedicated antiquitarians, and would not be impressed by the argument "I admit that my behavior is very dangerous to public safety, but the Second Amendment says I have a right to do it anyway." That would be a case for repealing the Second Amendment, not respecting it.
Fighting the Demand Curve
Everyone knows that possessing a handgun makes it easier to intimidate, wound, or kill someone. But the implication of this point for social policy has not been so well understood. It is easy to count the bodies of those who have been killed or wounded with guns, but not easy to count the people who have avoided harm because they had access to weapons. Think about uniformed police officers, who carry handguns in plain view not in order to kill people but simply to daunt potential attackers. And it works. Criminals generally do not single out police officers for opportunistic attack. Though officers can expect to draw their guns from time to time, few even in big-city departments will actually fire a shot (except in target practice) in the course of a year. This observation points to an important truth: people who are armed make comparatively unattractive victims. A criminal might not know if any one civilian is armed, but if it becomes known that a large number of civilians do carry weapons, criminals will become warier.
Which weapons laws are the right kinds can be decided only after considering two related questions. First, what is the connection between civilian possession of firearms and social violence? Second, how can we expect gun-control laws to alter people`s behavior? Most recent scholarship raises serious questions about the "weapons increase violence" hypothesis. The second question is emphasized here, because it is routinely overlooked and often mocked when noticed; yet it is crucial. Rational gun control requires understanding not only the relationship between weapons and violence but also the relationship between laws and people`s behavior. Some things are very hard to accomplish with laws. The purpose of a law and its likely effects are not always the same thing. Many statutes are notorious for the way in which their unintended effects have swamped their intended ones.
In order to predict who will comply with gun-control laws, we should remember that guns are economic goods that are traded in markets. Consumers` interest in them varies. For religious, moral, aesthetic, or practical reasons, some people would refuse to buy firearms at any price. Other people willingly pay very high prices for them.
Handguns, so often the subject of gun-control laws, are desirable for one purpose to allow a person tactically to dominate a hostile transaction with another person. The value of a weapon to a given person is a function of two factors: how much he or she wants to dominate a confrontation if one occurs, and how likely it is that he or she will actually be in a situation calling for a gun.
Dominating a transaction simply means getting what one wants without being hurt. Where people differ is in how likely it is that they will be involved in a situation in which a gun will be valuable. Someone who intends to engage in a transaction involving a gun a criminal, for example is obviously in the best possible position to predict that likelihood. Criminals should therefore be willing to pay more for a weapon than most other people would. Professors, politicians, and newspaper editors are, as a group, at very low risk of being involved in such transactions, and they thus systematically underrate the value of defensive handguns. (Correlative, perhaps, is their uncritical readiness to accept studies that debunk the utility of firearms for self-defense.) The class of people we wish to deprive of guns, then, is the very class with the most inelastic demand for them criminals whereas the people most likely to comply with gun-control laws don`t value guns in the first place.
Do Guns Drive Up Crime Rates?
Which premise is true that guns increase crime or that the fear of crime causes people to obtain guns? Most of the country`s major newspapers apparently take this problem to have been solved by an article published by Arthur Kellermann and several associates in the October 7, 1993, New England Journal of Medicine. Kellermann is an emergency-room physician who has published a number of influential papers that he believes discredit the thesis that private ownership of firearms is a useful means of self-protection. (An indication of his wide influence is that within two months the study received almost 100 mentions in publications and broadcast transcripts indexed in the Nexis data base.) For this study Kellermann and his associates identified fifteen behavioral and fifteen environmental variables that applied to a 388-member set of homicide victims, found a"matching" control group of 388 non-homicide victims, and then ascertained how the two groups differed in gun ownership. In interviews Kellermann made clear his belief that owning a handgun markedly increases a person`s risk of being murdered.
But the study does not prove that point at all. Indeed, as Kellermann explicitly conceded in the text of the article, the causal arrow may very well point in the other direction: the threat of being killed may make people more likely to arm themselves. Many people at risk of being killed, especially people involved in the drug trade or other illegal ventures, might well rationally buy a gun as a precaution, and be willing to pay a price driven up by gun-control laws. Crime, after all, is a dangerous business. Peter Reuter and Mark Kleiman, drug-policy researchers, calculated in 1987 that the average crack dealer`s risk of being killed was far greater than his risk of being sent to prison. (Their data cannot, however, support the implication that ownership of a firearm causes or exacerbates the risk of being killed.)
Defending the validity of his work, Kellermann has emphasized that the link between lung cancer and smoking was initially established by studies methodologically no different from his. Gary Kleck, a criminology professor at Florida State University, has pointed out the flaw in this comparison. No one ever thought that lung cancer causes smoking, so when the association between the two was established the direction of the causal arrow was not in doubt. Kleck wrote that it is as though Kellermann, trying to discover how diabetics differ from other people, found that they are much more likely to possess insulin than non-diabetics, and concluded that insulin is a risk factor for diabetes.
The New York Times, the Los Angeles Times, The Washington Post, The Boston Globe, and the Chicago Tribune all gave prominent coverage to Kellermann`s study as soon as it appeared, but none saw fit to discuss the study`s limitations. A few, in order to introduce a hint of balance, mentioned that the NRA, or some member of its staff, disagreed with the study. But readers had no way of knowing that Kellermann himself had registered a disclaimer in his text. "It is possible," he conceded, "that reverse causation accounted for some of the association we observed between gun ownership and homicide." Indeed, the point is stronger than that: "reverse causation" may account for most of the association between gun ownership and homicide. Kellermann`s data simply do not allow one to draw any conclusion.
If firearms increased violence and crime, then rates of spousal homicide would have skyrocketed, because the stock of privately owned handguns has increased rapidly since the mid-1960s. But according to an authoritative study of spousal homicide in the American Journal of Public Health, by James Mercy and Linda Saltzman, rates of spousal homicide in the years 1976 to 1985 fell. If firearms increased violence and crime, the crime rate should have increased throughout the 1980s, while the national stock of privately owned handguns increased by more than a million units in every year of the decade. It did not. Nor should the rates of violence and crime in Switzerland, New Zealand, and Israel be as low as they are, since the number of firearms per civilian household is comparable to that in the United States. Conversely, gun-controlled Mexico and South Africa should be islands of peace instead of having murder rates more than twice as high as those here. The determinants of crime and law-abidingness are, of course, complex matters, which are not fully understood and certainly not explicable in terms of a country`s laws. But gun-control enthusiasts, who have made capital out of the low murder rate in England, which is largely disarmed, simply ignore the counter-examples that don`t fit their theory.
If firearms increased violence and crime, Florida`s murder rate should not have been falling since the introduction, seven years ago, of a law that makes it easier for ordinary citizens to get permits to carry concealed handguns. Yet the murder rate has remained the same or fallen every year since the law was enacted, and it is now lower than the national murder rate (which has been rising). As of last November 183,561 permits had been issued, and only seventeen of the permits had been revoked because the holder was involved in a firearms offense. It would be precipitate to claim that the new law has "caused" the murder rate to subside. Yet here is a situation that doesn`t fit the hypothesis that weapons increase violence.
If firearms increased violence and crime, programs of induced scarcity would suppress violence and crime. But another anomaly they don`t. Why not? A theorem, which we could call the futility theorem, explains why gun-control laws must either be ineffectual or in the long term actually provoke more violence and crime. Any theorem depends on both observable fact and assumption. An assumption that can be made with confidence is that the higher the number of victims a criminal assumes to be armed, the higher will be the risk the price of assaulting them. By definition, gun-control laws should make weapons scarcer and thus more expensive. By our prior reasoning about demand among various types of consumers, after the laws are enacted criminals should be better armed, compared with non-criminals, than they were before. Of course, plenty of non-criminals will remain armed. But even if many non-criminals will pay as high a price as criminals will to obtain firearms, a larger number will not.
Criminals will thus still take the same gamble they already take in assaulting a victim who might or might not be armed. But they may appreciate that the laws have given them a freer field, and that crime still pays pays even better, in fact, than before. What will happen to the rate of violence? Only a relatively few gun-mediated transactions currently, five percent of armed robberies committed with firearms result in someone`s actually being shot (the statistics are not broken down into encounters between armed assailants and unarmed victims, and encounters in which both parties are armed). It seems reasonable to fear that if the number of such transactions were to increase because criminals thought they faced fewer deterrents, there would be a corresponding increase in shootings. Conversely, if gun-mediated transactions declined if criminals initiated fewer of them because they feared encountering an armed victim or an armed good Samaritan the number of shootings would go down. The magnitude of these effects is, admittedly, uncertain. Yet it is hard to doubt the general tendency of a change in the law that imposes legal burdens on buying guns. The futility theorem suggests that gun-control laws, if effective at all, would unfavorably affect the rate of violent crime.
The futility theorem provides a lens through which to see much of the debate. It is undeniable that gun-control laws work to an extent. Consider, for example, California`s background-check law, which in the past two years has prevented about 12,000 people with a criminal record or a history of mental illness or drug abuse from buying handguns. In the same period Illinois`s background-check law prevented the delivery of firearms to more than 2,000 people. Surely some of these people simply turned to an illegal market, but just as surely not all of them did. The laws of large numbers allow us to say that among the foiled thousands, some potential killers were prevented from getting a gun. We do not know whether the number is large or small, but it is implausible to think it is zero. And, as gun-control proponents are inclined to say, "If only one life is saved . . ."
The hypothesis that firearms increase violence does predict that if we can slow down the diffusion of guns, there will be less violence; one life, or more, will be saved. But the futility theorem asks that we look not simply at the gross number of bad actors prevented from getting guns but at the effect the law has on all the people who want to buy a gun. Suppose we succeed in piling tax burdens on the acquisition of firearms. We can safely assume that a number of people who might use guns to kill will be sufficiently discouraged not to buy them. But we cannot assume this about people who feel that they must have guns in order to survive financially and physically. A few lives might indeed be saved. But the overall rate of violent crime might not go down at all. And if guns are owned predominantly by people who have good reason to think they will use them, the rate might even go up.
Are there empirical studies that can serve to help us choose between the futility theorem and the hypothesis that guns increase violence? Unfortunately, no: the best studies of the effects of gun-control laws are quite inconclusive. Our statistical tools are too weak to allow us to identify an effect clearly enough to persuade an open-minded skeptic. But it is precisely when we are dealing with undetectable statistical effects that we have to be certain we are using the best models available of human behavior.
Sealing the Border
Handguns are not legally for sale in the city of Chicago, and have not been since April of 1982. Rifles, shotguns, and ammunition are available, but only to people who possess an Illinois Firearm Owner`s Identification (FOID) card. It takes up to a month to get this card, which involves a background check. Even if one has a FOID card there is a waiting period for the delivery of a gun. In few places in America is it as difficult to get a firearm legally as in the city of Chicago.
Yet there are hundreds of thousands of unregistered guns in the city, and new ones arriving all the time. It is not difficult to get handguns even legally. Chicago residents with FOID cards merely go to gun shops in the suburbs. Trying to establish a city as an island of prohibition in a sea of legal firearms seems an impossible project.
Is a state large enough to be an effective island, then? Suppose Illinois adopted Chicago`s handgun ban. Same problem again. Some people could just get guns elsewhere: Indiana actually borders the city, and Wisconsin is only forty miles away. Though federal law prohibits the sale of handguns in one state to residents of another, thousands of Chicagoans with summer homes in other states could buy handguns there. And, of course, a black market would serve the needs of other customers.
When would the island be large enough to sustain a weapons-free environment? In the United States people and cargoes move across state lines without supervision or hindrance. Local shortages of goods are always transient, no matter whether the shortage is induced by natural disasters, prohibitory laws, or something else.
Even if many states outlawed sales of handguns, then, they would continue to be available, albeit at a somewhat higher price, reflecting the increased legal risk of selling them. Mindful of the way markets work to undermine their efforts, gun-control proponents press for federal regulation of firearms, because they believe that only Congress wields the authority to frustrate the interstate movement of firearms.
Why, though, would one think that federal policing of illegal firearms would be better than local policing? The logic of that argument is far from clear. Cities, after all, are comparatively small places. Washington, D.C., for example, has an area of less than 45,000 acres. Yet local officers have had little luck repressing the illegal firearms trade there. Why should federal officers do any better watching the United States` 12,000 miles of coastline and millions of square miles of interior? Criminals should be able to frustrate federal police forces just as well as they can local ones. Ten years of increasingly stringent federal efforts to abate cocaine trafficking, for example, have not succeeded in raising the street price of the drug.
Consider the most drastic proposal currently in play, that of Senator John Chafee, of Rhode Island, who would ban the manufacture, sale, and home possession of handguns within the United States. This proposal goes far beyond even the Chicago law, because existing weapons would have to be surrendered. Handguns would become contraband, and selling counterfeit, stolen, and contraband goods is big business in the United States. The objective of law enforcement is to raise the costs of engaging in crime and so force criminals to take expensive precautions against becoming entangled with the legal system. Crimes of a given type will, in theory, decline as soon as the direct and indirect costs of engaging in them rise to the point at which criminals seek more profitable opportunities in other (not necessarily legal) lines of work.
In firearms regulation, translating theory into practice will continue to be difficult, at least if the objective is to lessen the practical availability of firearms to people who might abuse them. On the demand side, for defending oneself against predation there is no substitute for a firearm. Criminals, at least, can switch to varieties of law-breaking in which a gun confers little or no advantage (burglary, smash-and-grab), but people who are afraid of confrontations with criminals, whether rationally or (as an accountant might reckon it) irrationally, will be very highly motivated to acquire firearms. Long after the marijuana and cocaine wars of this century have been forgotten, people`s demand for personal security and for the tools they believe provide it will remain strong.
On the supply side, firearms transactions can be consummated behind closed doors. Firearms buyers, unlike those who use drugs, pornography, or prostitution, need not recurrently expose themselves to legal jeopardy. One trip to the marketplace is enough to arm oneself for life. This could justify a consumer`s taking even greater precautions to avoid apprehension, which would translate into even steeper enforcement costs for the police.
Don Kates Jr., a San Francisco lawyer and a much-published student of this problem, has pointed out that during the wars in Southeast and Southwest Asia local artisans were able to produce, from scratch, serviceable pot-metal counterfeits of AK-47 infantry rifles and similar weapons in makeshift backyard foundries. Although inferior weapons cannot discharge thousands of rounds without misfiring, they are more than deadly enough for light to medium service, especially by criminals and people defending themselves and their property, who ordinarily use firearms by threatening with them, not by firing them. And the skills necessary to make them are certainly as widespread in America as in the villages of Pakistan or Vietnam. Effective policing of such a cottage industry is unthinkable. Indeed, as Charles Chandler has pointed out, crude but effective firearms have been manufactured in prisons highly supervised environments, compared with the outside world.
Seeing that local firearms restrictions are easily defeated, gun-control proponents have latched onto national controls as a way of finally making gun control something more than a gesture. But the same forces that have defeated local regulation will defeat further national regulation. Imposing higher costs on weapons ownership will, of course, slow down the weapons trade to some extent. But planning to slow it down in such a way as to drive down crime and violence, or to prevent motivated purchasers from finding ample supplies of guns and ammunition, is an escape from reality. And like many another such, it entails a morning after.
Administering Prohibition
Assume for the sake of argument that to a reasonable degree of criminological certainty, guns are every bit the public-health hazard they are said to be. It follows, and many journalists and a few public officials have already said, that we ought to treat guns the same way we do smallpox viruses or other critical vectors of morbidity and mortality namely, isolate them from potential hosts and destroy them as speedily as possible. Clearly, firearms have at least one characteristic that distinguishes them from smallpox viruses: nobody wants to keep smallpox viruses in the nightstand drawer. Amazingly enough, gun-control literature seems never to have explored the problem of getting weapons away from people who very much want to keep them in the nightstand drawer.
Our existing gun-control laws are not uniformly permissive, and, indeed, in certain places are tough even by international standards. Advocacy groups seldom stress the considerable differences among American jurisdictions, and media reports regularly assert that firearms are readily available to anybody anywhere in the country. This is not the case. For example, handgun restrictions in Chicago and the District of Columbia are much less flexible than the ones in the United Kingdom. Several hundred thousand British subjects may legally buy and possess sidearms, and anyone who joins a target-shooting club is eligible to do so. But in Chicago and the District of Columbia, excepting peace officers and the like, only grandfathered registrants may legally possess handguns. Of course, tens or hundreds of thousands of people in both those cities nobody can be sure how many do in fact possess them illegally.
Although there is, undoubtedly, illegal handgun ownership in the United Kingdom, especially in Northern Ireland (where considerations of personal security and public safety are decidedly unlike those elsewhere in the British Isles), it is probable that Americans and Britons differ in their disposition to obey gun-control laws: there is reputed to be a marked national disparity in compliance behavior. This difference, if it exists, may have something to do with the comparatively marginal value of firearms to British consumers. Even before it had strict firearms regulation, Britain had very low rates of crimes involving guns; British criminals, unlike their American counterparts, prefer burglary (a crime of stealth) to robbery (a crime of intimidation).
Unless people are prepared to surrender their guns voluntarily, how can the U.S. government confiscate an appreciable fraction of our country`s nearly 200 million privately owned firearms? We know that it is possible to set up weapons-free zones in certain locations commercial airports and many courthouses and, lately, some troubled big-city high schools and housing projects. The sacrifices of privacy and convenience, and the costs of paying guards, have been thought worth the (perceived) gain in security. No doubt it would be possible, though it would probably not be easy, to make weapons-free zones of shopping centers, department stores, movie theaters, ball parks. But it is not obvious how one would cordon off the whole of an open society.
Voluntary programs have been ineffectual. From time to time community-action groups or police departments have sponsored "turn in your gun" days, which are nearly always disappointing. Sometimes the government offers to buy guns at some price. This approach has been endorsed by Senator Chafee and the Los Angeles Times. Jonathan Alter, of Newsweek, has suggested a variation on this theme: youngsters could exchange their guns for a handshake with Michael Jordan or some other sports hero. If the price offered exceeds that at which a gun can be bought on the street, one can expect to see plans of this kind yield some sort of harvest as indeed they have. But it is implausible that these schemes will actually result in a less-dangerous population. Government programs to buy up surplus cheese cause more cheese to be produced without affecting the availability of cheese to people who want to buy it. So it is with guns.
One could extend the concept of intermittent roadblocks of the sort approved by the Supreme Court for discouraging drunk driving. Metal detectors could be positioned on every street corner, or ambulatory metal-detector squads could check people randomly, or hidden magnetometers could be installed around towns, to detect concealed weapons. As for firearms kept in homes (about half of American households), warrantless searches might be rationalized on the well-established theory that probable cause is not required when authorities are trying to correct dangers to public safety rather than searching for evidence of a crime.
In a recent "town hall" meeting in California, President Bill Clinton used the word "sweeps," which he did not define, to describe how he would confiscate firearms if it were up to him. During the past few years the Chicago Housing Authority chairman, Vincent Lane, has ordered "sweeps" of several gang-ridden public-housing projects, meaning warrantless searches of people`s homes by uniformed police officers looking for contraband. Lane`s ostensible premise was that possession of firearms by tenants constituted a lease violation that, as a conscientious landlord, he was obliged to do something about. The same logic could justify any administrative search. City health inspectors in Chicago were recently authorized to conduct warrantless searches for lead hazards in residential paint. Why not lead hazards in residential closets and nightstands? Someone has probably already thought of it.
Ignoring the Ultimate Sources of Crime and Violence
The American experience with prohibition has been that black marketeers often professional criminals move in to profit when legal markets are closed down or disturbed. In order to combat them, new laws and law-enforcement techniques are developed, which are circumvented almost as soon as they are put in place. New and yet more stringent laws are enacted, and greater sacrifices of civil liberties and privacy demanded and submitted to. But in this case the problem, crime and violence, will not go away, because guns and ammunition (which, of course, won`t go away either) do not cause it. One cannot expect people to quit seeking new weapons as long as the tactical advantages of weapons are seen to outweigh the costs imposed by prohibition. Nor can one expect large numbers of people to surrender firearms they already own. The only way to make people give up their guns is to create a world in which guns are perceived as having little value. This world will come into being when criminals choose not to use guns because the penalties for being caught with them are too great, and when ordinary citizens don't think they need firearms because they aren't afraid of criminals anymore.
Neither of these eventualities seems very likely without substantial departures in law-enforcement policy. Politicians' nostrums -- increasing the punishment for crime, slapping a few more death-penalty provisions into the code -- are taken seriously by few students of the crime problem. The existing penalties for predatory crimes are quite severe enough. The problem is that they are rarely meted out in the real world. The penalties formally published by the code are in practice steeply discounted, and criminals recognize that the judicial and penal systems cannot function without bargaining in the vast majority of cases.
This problem is not obviously one that legislation could solve. Constitutional ideas about due process of law make the imposition of punishments extraordinarily expensive and difficult. Like the tax laws, the criminal laws are basically voluntary affairs. Our system isn't geared to a world of wholesale disobedience. Re-calibrating the system simply by increasing its overall harshness would probably offend and then shock the public long before any of its benefits were felt.
To illustrate, consider the prospect of getting serious about carrying out the death penalty. In recent years executions have been running at one or two dozen a year. As the late Supreme Court Justice Potter Stewart observed, those selected to die constitute a "capriciously selected random handful" taken from a much larger number of men and women who, just as deserving of death, receive prison sentences. It is not easy to be exact about that much larger number. But as an educated guess, taking into account only the most serious murders -- the ones that were either premeditated or committed in the course of a dangerous felony -- there are perhaps 5,000 prisoners a year who could plausibly be executed in the United States: say, 100,000 executions in the next twenty years. It is hard to think that the death penalty, if imposed on this scale, would not noticeably change the behavior of potential criminals. But what else in national life or citizens' character would have to change in order to make that many executions acceptable? Since 1930 executions in the United States have never exceeded 200 a year. At any such modest rate of imposition, rational criminals should consider the prospect of receiving the death penalty effectively nil. On the best current evidence, indeed, they do. Documentation of the deterrent effect of the death penalty, as compared with that of long prison sentences, has been notoriously hard to produce.
The problem is not simply that criminals pay little attention to the punishments in the books. Nor is it even that they also know that for the majority of crimes, their chances of being arrested are small. The most important reason for criminal behavior is this: the income that offenders can earn in the world of crime, as compared with the world of work, all too often makes crime appear to be the better choice.
Thus the crime bill that Bill Clinton introduced last year, which provides for more prisons and police officers, should be of only very limited help. More prisons means that fewer violent offenders will have to be released early in order to make space for new arrivals; perhaps fewer plea bargains will have to be struck -- all to the good. Yet a moment's reflection should make clear that one more criminal locked up does not necessarily mean one less criminal on the street. The situation is very like one that conservationists and hunters have always understood. Populations of game animals readily recover from hunting seasons but not from loss of habitat. Mean streets, when there are few legitimate entry-level opportunities for young men, are a criminal habitat, so to speak, in the social ecology of modern American cities. Cull however much one will, the habitat will be reoccupied promptly after its previous occupant is sent away. So social science has found.
Similarly, whereas increasing the number of police officers cannot hurt, and may well increase people's subjective feelings of security, there is little evidence to suggest that doing so will diminish the rate of crime. Police forces are basically reactive institutions. At any realistically sustainable level of staffing they must remain so. Suppose 100,000 officers were added to police rosters nationwide, as proposed in the current crime bill. This would amount to an overall personnel increase of about 18 percent, which would be parceled out according to the iron laws of democratic politics -- distributed throughout states and congressional districts -- rather than being sent to the areas that most need relief. Such an increase, though unprecedented in magnitude, is far short of what would be needed to pacify some of our country's worst urban precincts.
There is a challenge here that is quite beyond being met with tough talk. Most public officials can see the mismatch between their tax base and the social entropies they are being asked to repair. There simply isn't enough money; existing public resources, as they are now employed, cannot possibly solve the crime problem. But mayors and senators and police chiefs must not say so out loud: too-disquieting implications would follow. For if the authorities are incapable of restoring public safety and personal security under the existing ground rules, then obviously the ground rules must change, to give private initiative greater scope. Self-help is the last refuge of nonscoundrels.
Communities must, in short, organize more effectively to protect themselves against predators. No doubt this means encouraging properly qualified private citizens to possess and carry firearms legally. It is not morally tenable -- nor, for that matter, is it even practical -- to insist that police officers, few of whom are at a risk remotely as great as are the residents of many city neighborhoods, retain a monopoly on legal firearms. It is needless to fear giving honest men and women the training and equipment to make it possible for them to take back their own streets.
Over the long run, however, there is no substitute for addressing the root causes of crime -- bad education and lack of job opportunities and the disintegration of families. Root causes are much out of fashion nowadays as explanations of criminal behavior, but fashionable or not, they are fundamental. The root cause of crime is that for certain people, predation is a rational occupational choice. Conventional crime-control measures, which by stiffening punishments or raising the probability of arrest aim to make crime pay less, cannot consistently affect the behavior of people who believe that their alternatives to crime will pay virtually nothing. Young men who did not learn basic literacy and numeracy skills before dropping out of their wretched public schools may not have been worth hiring at the minimum wage set by George Bush, let alone at the higher, indexed minimum wage that has recently been under discussion by the Clinton Administration. Most independent studies of the effects of raising minimum wages show a similar pattern of excluding the most vulnerable. This displacement, in turn, makes young men free, in the nihilistic, nothing-to-lose sense, to dedicate their lives to crime. Their legitimate opportunities, always precarious in a society where race and class still matter, often diminish to the point of being for all intents and purposes absent.
Unfortunately, many progressive policies work out in the same way as increases in the minimum wage -- as taxes on employment. One example is the Administration's pending proposal to make employer-paid health insurance mandatory and universal. Whatever the undoubted benefits of the plan, a payroll tax is needed to make it work. Another example: in recent years the use of the "wrongful discharge" tort and other legal innovations has swept through the courts of more than half the states, bringing to an end the era of "employment at will," when employees (other than civil servants) without formal contracts -- more than three quarters of the work force -- could be fired for good reason, bad reason, or no reason at all. Most commentators celebrated the loss of the at-will rule. How could one object to a new legal tenet that prohibited only arbitrary and oppressive behavior by employers?
But the costs of the rule are not negligible, only hidden. At-will employment meant that companies could get out of the relationship as easily as employees could. In a world where dismissals are expensive rather than cheap, and involve lawyers and the threat of lawsuits, rational employers must become more fastidious about whom they hire. By raising the costs of ending the relationship, one automatically raises the threshold of entry. The burdens of the rule fall unequally. Worst hit are entry-level applicants who have little or no employment history to show that they would be worth their pay.
Many other tax or regulatory schemes, in the words of Professor Walter Williams, of George Mason University, amount to sawing off the bottom rungs of the ladder of economic opportunity. By suppressing job creation and further diminishing legal employment opportunities for young men on the margin of the work force, such schemes amount to an indirect but unequivocal subsidy to crime.
The solution to the problem of crime lies in improving the chances of young men. Easier said than done, to be sure. No one has yet proposed a convincing program for checking all the dislocating forces that government assistance can set in motion. One relatively straightforward change would be reform of the educational system. Nothing guarantees prudent behavior like a sense of the future, and with average skills in reading, writing, and math, young people can realistically look forward to constructive employment and the straight life that steady work makes possible.
But firearms are nowhere near the root of the problem of violence. As long as people come in unlike sizes, shapes, ages, and temperaments, as long as they diverge in their taste for risk and their willingness and capacity to prey on other people or to defend themselves from predation, and above all as long as some people have little or nothing to lose by spending their lives in crime, dispositions to violence will persist.
This is what makes the case for the right to bear arms, not the Second Amendment. It is foolish to let anything ride on hopes for effective gun control. As long as crime pays as well as it does, we will have plenty of it, and honest folk must choose between being victims and defending themselves.
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The False Promise Of Gun Control By Daniel D. Polsby
Wednesday, July 28, 1999
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