Gun Control

Abstract: In earlier work, I argued that individuals have a right to own firearms for personal defense, and that as a result, gun prohibition would be unjustified unless it at least produced benefits many times greater than its costs. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does not violate the right (...) of self-defense because it renders everyone overall safer. (4258 words). (shrink)

Trusting relationships are both valuable and risky. Where the risks are high and the fears of betrayal are also high, it might seem rational to try to mitigate the risks, while still enjoying the benefits of the trusting relationship, by forming a contingency plan. A contingency plan—in the sense I am interested in—involves contingent punishments for defection, which are primarily meant to encourage the trusted partner to act trustworthily. I argue, however, that such contingency plans suffer from an internal tension (...) wherein the contingency planner both seeks and undermines a particular level (or kind) of trust. There are two problems in particular, either of which is sufficient to undermine trusting relationships: one, the planner fails to see the trusted partner as sincerely engaged in the trusting relationship, and two, the planner separates herself out from the trusting relationship by seeing her flourishing as separate from her partner’s (or, even worse, as dependent on her partner’s harm). Contingency plans, then, are not just about the future; they cast a moral shadow on what we are doing now. (shrink)

I’ll argue in this essay that individuals should be allowed to own firearms. In making the case for this position, I’ll defend the following two claims: -/- 1. The best research does not show that gun ownership results in more harms than benefits. This fact, in addition to the substantial self-defense benefits that guns offer and the value of personal liberty, supports a presumption in favor of gun ownership. 2. Even if the overall harms of gun ownership were to outweigh (...) its overall benefits, there is still a presumption in favor of reasonably permissive gun ownership. (shrink)

Perhaps the biggest disconnect between philosophers and non-philosophers on the question of gun rights is over the relevance of arms to our dignitary interests. This essay attempts to address this gap by arguing that we have a strong prima facie moral right to resist with dignity and that violence is sometimes our most or only dignified method of resistance. Thus, we have a strong prima facie right to guns when they are necessary often enough for effective dignified resistance. This approach (...) is distinctively non-libertarian: it doesn’t justify gun rights on the basis of (mere) liberty or security. Nonetheless it is compatible with libertarian defenses of gun rights based on a liberty right to guns, and, if sound, in fact lowers the bar for gun rights in some ways, as it justifies access to guns even when nonviolent means would better achieve the liberty or security aims of potential victims. And although this defense of gun rights is most readily categorized as “conservative” or rightist, it relies upon principles and intuitions about dignity popular among progressives in other domains, such as in disability, women’s, or LGBT rights debates. (shrink)

The best arguments against gun control invoke moral rights—it might be good if there were fewer guns in circulation, but there is a moral right to own firearms. Rather than emphasizing the potential benefits of gun control, this paper meets the best arguments on their home turf. I argue that there simply is no moral right to keep guns on one’s person or in one’s residence. In fact, our moral rights support the mutual disarmament of citizens and police.

The journal articles in the extant philosophical literature which argue in favor of carrying handguns for self-defense tend to assume that these weapons will be concealed and make no mention of carrying them openly. This paper aims to show that, since open-carry can be more effective for self-defense than concealed-carry, any argument for a moral right to carry a handgun for self-defense which relies on a claim of their effectiveness and which assumes concealed-carry, entails the moral right to carry them (...) openly in public. (shrink)

This essay argues that gun control in America is a philosophical as well as a policy debate. This explains the depth of acrimony it causes. It also explains why the technocratic public health argument favored by the gun control movement has been so unsuccessful in persuading opponents and motivating supporters. My analysis also yields some positive advice for advocates of gun control: take the political philosophy of the gun rights movement seriously and take up the challenge of showing that a (...) society without guns is a better society, not merely a safer one. (shrink)

Hugh LaFollette, Jeff McMahan, and David DeGrazia endorse the most popular and convincing argument for the strict regulation of firearms in the U.S. The argument is based on the extensive, preventable harm caused by firearms. DeGrazia offers another compelling argument based on the rights of those threatened by firearms. My thesis is a conditional: if these usual arguments for gun control succeed, then alcoholic beverages should be controlled much more strictly than they are, possibly to the point of prohibition. The (...) argument for this thesis involves developing a careful analogy between firearms and alcohol and defending the analogy against objections. (shrink)

The gun control debate is more complex than most disputants acknowledge. We are not tasked with answering a single question: should we have gun control? There are three distinct policy questions confronting us: who should we permit to have which guns, and how should we regulate the acquisition, storage, and carrying of guns people may legitimately own? To answer these questions we must decide whether (and which) people have a right to bear arms, what kind of right they have, and (...) how stringent it is. We must also evaluate divergent empirical claims about (a) the role of guns in causing harm, and (b) the degree to which private ownership of guns can protect innocent civilians from attacks by criminals, either in their homes or in public. This book sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control. I argue that the US needs far more gun control than we currently have in most jurisdictions. (shrink)

I offer a new proposal to prevent some of the harms of gun violence in the United States. First, I argue that gun violence is a negative externality of gun production, on an analogy with industrial pollution. Second, I outline a law that the United States might use to internalize the violent costs of gun production. This law would provide a financial incentive for gun manufacturers to reduce gun violence in whatever legally permissible way they can, not necessarily by reducing (...) the prevalence of gun ownership. Thus, strictly speaking, my proposal would be a form of gun violence control, not gun control per se. Third, I show that this approach to controlling gun violence avoids the three main pro-gun-rights arguments: the Consequentialistic Argument, the Moral Rights Argument, and the Legal Rights Argument. I conclude by explaining why even libertarians should have few principled objections to my proposal. (shrink)

I argue that location-specific gun bans are typically unjust. If there is a right to carry firearms outside of one’s home, then the state cannot prohibit gun owners from carrying their firearms into certain areas without assuming a special duty of protecting those whom it coercively disarms. This task is practically impossible in most of the areas where guns are commonly banned. Gun owners should therefore be allowed to carry their guns in most public places, including college campuses.

Using Kant’s argument that lies are evil and reprehensible in themselves regardless of the benefits that may result, I show that guns can be understood in similar terms. In a unique reading of Kant’s radical and often ridiculed ideas, I maintain that lies have this status because of the way they pervert our relationship to the truth and thus to morality and reason. Lies turn truth and reason into mere means to be used rather than to be obeyed. Kant believes (...) that the result is arrogance, insincerity, and self-deception in the form of moral impurity and depravity. This gives way to the morally bankrupt logics of the passions for honor, dominance, and possession. I argue that this destruction of virtue and of our relation to the moral law can be found in our relation to guns. Guns are not just killing machines; they are deception machines. It is for that reason, regardless of the costs and benefits, that the Kantian should deny that we have any right to them. (shrink)

_ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable assumptions. In (...) light of persisting reasonable disagreement about the argument’s soundness, the paper identifies two gun control measures—demonstrated need for a gun as a condition of eligibility and the requirement to pass a rigorous gun safety course—that reasonable disputants on both sides of the issue have principled reasons to accept. The paper also advances the thesis that, if anyone has an undefeated moral right to own handguns, it is precisely those individuals who have a special need and demonstrate the relevant safety-related competence. (shrink)

Arguments for handgun ownership typically appeal to handguns’ value as an effective means of self-protection. Against this, critics argue that private ownership of handguns leads to more social harm than it prevents. Both sides make powerful arguments, and in the absence of a reasonable consensus regarding the merits of gun ownership, David DeGrazia proposes two gun control policies that ‘reasonable disputants on both sides of the issue have principled reasons to accept.’ These policies hinge on his claim that ‘an even-handed (...) examination of the available evidence casts considerable doubt on the thesis that handgun ownership enables more adequate self-defense and physical security in the home.’ We challenge DeGrazia’s ‘moderate gun control’ policies on both philosophical and empirical grounds. Philosophically, we show that the arguments he gives in support of his proposed gun-control measures are too narrow and incomplete to warrant his conclusions about what kind of gun control there ought to be, even if he is right about the empirical evidence. Empirically, we argue that a truly even-handed examination of the evidence makes DeGrazia’s claim that gun ownership is on average self-defeating much less plausible than he supposes. Our conclusion is that DeGrazia has failed to establish his claim that gun ownership is self-defeating and therefore has no case for the gun-control policies he suggests. (shrink)

The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and usage. Throughout this paper (...) we build upon the relevant criminological and social science research in addition to the work of other philosophers who have in recent years argued in favor of gun rights. Although we believe the statistical evidence supports our case, our argument is primarily non-consequentialist. We do, however, address consequentialist objections in the last section of this paper. (shrink)

In this paper, I shall argue that the evidence supports, at the very best for the anti-gun side, agnosticism about the negative criminogenic effects of gun ownership. Given the plausible proposition that there is at least a prima facie moral right (a right that can be outweighed given sufficiently weighty considerations) to keep and bear arms, I argue that agnosticism supports the proposition that there ought to be a legal right to keep and bear arms.

Arguments in favor of an individual moral right to keep and bear firearms typically appeal to the value of guns as a reasonable means of self-defense. This is, for the most part, an empirical claim. If it were shown that allowing private gun ownership would lead to an overall net increase in crime or other social harms, then the strength of a putative right to own a gun would be diminished. But would it be defeated completely? I do not think (...) so, and indeed I want to suggest in this paper that even if the harms outweigh the benefits, that neither an outright ban on handguns nor restrictive discretionary ownership policies are justified as an initial reaction. In other words, given that the overall harms outweigh the overall benefits, the default position is still one in favor of reasonably permissive gun laws over a total ban or restrictive discretionary policies. (shrink)

Menschen haben ein Anscheinsrecht (engl. prima facie right), Schusswaffen zu besitzen. Dieses Recht ist bedeutsam sowohl in Hinblick auf die Rolle, die Waffenbesitz im Leben von Waffenbegeisterten spielt, als auch auf den Selbstverteidigungsnutzen von Schusswaffen. Dieses Recht wird auch nicht durch den gesellschaftlichen Schaden privaten Waffenbesitzes verdrängt. Dieser Schaden wurde stark aufgebauscht und ist vermutlich erheblich kleiner als der Nutzen privaten Waffenbesitzes. Und ich lege dar, dass der Schaden den Nutzen um ein Vielfaches übertreffen müsste, um ein Verbot von Schusswaffen (...) zu rechtfertigen. [This is a German translation of: „Is There a Right to Own a Gun?“, Social Theory and Practice, Vol. 29, No. 2 (April 2003), pp. 297-324.]. (shrink)

Almost everyone agrees that gun ownership is part of the complex fabric of values and traditions that comprise American society. All sides in the gun ownership debate understand that firearms are embedded deeply in America’s society and culture. But whereas for some the right to own guns is a non-negotiable promise guaranteed constitutionally, for others it is far more an element of the American experience than is desirable. This essay examines three arguments which have not usually received full treatment in (...) analytical debates, but which may help us to reframe the sharp polarization that now characterizes the discourse. The first relies on distinctively American ideals of liberty, property rights, and the right of protection from the state. The second considers the implications of American liberty and property across contemporary culture. The final argument captures a somewhat more obscure aspiration in American life: the freedom which can be enjoyed only when society has achieved the public good of safety from deadly firearms. (shrink)

From a European perspective the US debate about gun control is puzzling because we have no such debate: It seems obvious to us that dangerous weapons need tight control and that ‘guns’ fall under that category. I suggest that this difference occurs due to different habits that generate different attitudes and support this explanation with an analogy to the habits about knives. I conclude that it is plausible that individual knife-people or gun-people do not want tight regulatory legislation—but tight knife (...) and gun legislation is morally obligatory anyway. We need to give up our habits for the greater good. (shrink)

In the following, the author presents a case for federally mandated gun control regulations. Specifically, the author argues—with reference to The Declaration of Independence, the Constitution, and the Bill of Rights—that the principle of limited government often used against federal gun control laws actually provides legitimate justification for them. The aim is to persuade gun advocates to accept such regulations from their own point of view.

This article explores gun control and the ethics of hunting and suggests that hunting ought not to be permitted, and not because of its impact on those animals that are hunted, but because of the risk other humans are subjected to as a result of some being permitted to own guns for mere preference satisfaction. This article examines the nature of freedom, its value, and how responsibility for the exercising of that freedom ought to be regarded when it involves subjecting (...) others to a risk of grave bodily harm. A distinction between two kinds of freedom is put forth and it is argued that it would be wrong to sacrifice freedoms of intrinsic worth for freedoms of instrumental worth. (shrink)

While there are no serious arguments in favor of there being no state control whatsoever over the private ownership and employment of firearms, there are significant arguments on the other extreme of the ‘gun control debate’ which contend for bans on the private ownership of firearms or some subset thereof. In this paper I argue that gun ban proponents like Jeff McMahan and Nicholas Dixon confuse the risk or likelihood of being confronted by an attacker intent on serious or lethal (...) harm with the right to defend oneself when faced by such an attacker. When this distinction is properly understood it becomes clear that arguments for the banning of all privately owned guns, or particular classes of guns, cannot stand so long as the firearms in question can be reasonably considered to be an effective means for individuals to defend themselves against attackers intent on serious or lethal harm. (shrink)

In addressing the shape of appropriate gun policy, this essay assumes for the sake of discussion that there is a legal and moral right to private gun ownership. My thesis is that, against the background of this right, the most defensible policy approach in the United States would feature moderate gun control. The first section summarizes the American gun control status quo and characterizes what I call “moderate gun control.” The next section states and rebuts six leading arguments against this (...) general approach to gun policy. The section that follows presents a positive case for moderate gun control that emphasizes safety in the home and society as well as rights whose enforcement entails some limits or qualifications on the right to bear arms. A final section shows how the recommended gun regulations address legitimate purposes, rather than imposing arbitrary restrictions on gun rights, and offers concluding reflections. (shrink)

Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable assumptions. In light of persisting reasonable disagreement (...) about the argument’s soundness, the paper identifies two gun control measures—demonstrated need for a gun as a condition of eligibility and the requirement to pass a rigorous gun safety course—that reasonable disputants on both sides of the issue have principled reasons to accept. The paper also advances the thesis that, if anyone has an undefeated moral right to own handguns, it is precisely those individuals who have a special need and demonstrate the relevant safety-related competence. (shrink)

As of March 2012, students with concealed carry permits attending public colleges and universities in the state of Colorado may carry their weapons on campus. Colorado is one of six states with legal provisions permitting guns on public campuses. An additional twenty-two states leave it up to the governing bodies of individual colleges and universities to determine their institution's gun policy, while twenty-two states ban concealed weapons on campuses. The NRA often asserts that "an armed society is a polite society." (...) They and those who favorably quote them take this as a positive result of an armed citizenry. People won't be rude. They won't argue. They won't say anything offensive, for fear of being shot. And that may be right. But we do not want a polite campus. If an armed campus is a polite campus, then students at such campuses will miss a fundamentally important aspect of their college experience. Students ought to be able to voice their opinions, to argue with others, and to test new ideas without fear. The threat of violence that guns create challenges the most fundamental liberty we have: the freedom of speech. (shrink)

The phrase “gun control” has no very precise meaning. It typically refers either to prohibitions of or restrictions on gun ownership on the part of the civilian population. Such rules may apply either to guns in general or to some type of gun (such as handguns). More rarely, it can refer to legal restrictions, not on classes of weapons, but on classes of users, a sort of restriction that might be called “dangerous possessor gun control” (see Risk). In this case, (...) the state denies the right of gun ownership to some class of the population deemed – perhaps due to youth, mental infirmity, or prior criminal behavior – to be insufficiently trustworthy. Dangerous possessor rules seem to be per se uncontroversial: though there is disagreement about which users are sufficiently untrustworthy, no one seems to deny that there should be some restrictions on who may own these weapons. The philosophical literature that has developed in the past two decades is focused mainly on legal restrictions on guns, and not on users. (shrink)

This philosophical narrative delves into deepening crises afflicting modern democracies, when extreme inequality and its resultant alienation grips not just adults but, even more anguishingly, children. These children and often their parents come in far under the social radar, so out-of-touch that even census takers overlook them. In this milieu, weapons and narcotics are as much an unquestioned part of life as breathing. The world beyond this invisible cage entirely escapes them, nor does the larger society miss them or know (...) about them. This documentary narrative follows a thirteen-year-old who forces himself to escape his oblivious father, not out of hope, but for sheer escape from the execrable situation, without even the will to be himself, whatever that is. He also must navigate through his nightmare existemce, relying on an illicit business, the only thing he knows as well as breathing. If the individuals in this milieu--which cut across racial boundaries--ever even hear of voting, they are drawn to strong-arm politicians, who appeal to these scattered inhabitants, as examples of strength, no-nonsense, even hatred. The ethics of such circumstances' mere existence--further extreme than even those in Les Miserable--in our societies poses a formidable challenge to the ethics of social and political philosophy and are hardly touched upon in the academic literature. The central philosophical question is whether it is possible for a political system to preempt such conditions, particularly when these individuals, especially the children, are veritably invisible. The metaphilosophical issue is why philosophy does not focus more concern about this ignored human morass. To say an indictment of soiciopolitical philosophy is not justified here, that the persons encountered here are merely messed-up self-indulgent people, only adds cause to the charge. (shrink)

Within the last decade or so several philosophers have argued against handgun prohibition on the ground that it violates the right to self-defense. However, even these philosophers grant that the right to own handguns is not absolute and could be overridden if doing so would bring about an enormous social good. Analysis of intra-United States empirical data cited by gun rights advocates indicates that guns do not make us safer, while international data lends powerful support to the thesis that guns (...) do indeed increase homicide. If handguns do not make us safer, then appealing to the right to self-defense as an objection to prohibition is moot. Prohibition neither violates the right to self-defense nor sacrifices anyone’s interests for the common good, since it makes each person less likely to be murderedthan the current permissive handgun laws. Moreover, we also must take into account the right to life of victims of handgun crimes made possible by liberal handgun laws. Consequently, invoking the right to self-defense does not provide any sound reason against handgun prohibition over and above familiar utilitarian objections, which are themselves refuted by the empirical evidence. (shrink)

1. Two IssuesIn recent years, a number of philosophers have discussed the possibility that the widely recognized right of self-defense includes another, more controversial right: a right to arms, where “arms” is understood to include guns. I will argue in what follows that the right of self-defense does indeed have this feature, and I will offer a new explanation of why it does so—an explanation that, despite its novelty is, I believe, deeply rooted in common sense.I n Section 2, I (...) will clarify the issue to be addressed and define a spectrum of possible solutions to it. Underlying the narrow issue of the relation between the right of self-defense and the putative right to arms is a broader issue of more general interest, between two classes of rights: what I will call option-rights and means-rights. My ultimate purpose will be to propose a solution to both issues. In Section 3, I attempt to show that the most extreme solutions to the issue of self-defense and arms are not very plausible. In Section 4, I will lay down some desiderata concerning some features that an ideally illuminating solution to these issues should have. These will serve as a rough guide as I attempt to discuss the more moderate solutions. In Section 5, I discuss one such potential solution—one grounded in the distinction between reasonable and unreasonable costs. I argue that, though it may be plausible enough as a guide to policy, it does not satisfy any of my desiderata, nor does it answer my original question, about what is included in the right of self–defense. In Sections 6 and 7, I propose my own solution to both the narrower and broader issues—one that is grounded in the nature of action itself. (shrink)

“Strict gun control” has no clear meaning,so it is necessary to clarify it.I define SGC as an array of legally sanctioned restrictions designed to impose firearm scarcity on the general population. SGC’s public policy goal, gun scarcity, commonly rests on the predicates that “dangerous criminal control” is not the central problem for reducing the problem of criminal gun violence but rather that it is the social prevalence of the distinctively-lethal instruments by which both supposedly “good citizens” as well as violent (...) criminals inflict a staggeringly high percentage of injury and death.Professor Zimring is one SGC’s most distinguished, prolific and comprehensive theorists. He has advocated for handgun scarcity among the general population since at least 1969. (shrink)

Individuals have a prima facie right to own firearms. This right is significant in view both of the role that such ownership plays in the lives of firearms enthusiasts and of the self-defense value of firearms. Nor is this right overridden by the social harms of private gun ownership. These harms have been greatly exaggerated and are probably considerably smaller than the benefits of private gun ownership. And I argue that the harms would have to be at least several times (...) greater than the benefits in order to render gun prohibition permissible. (shrink)

Wheeler, Stark, and Stell have raised many interesting points concerning gun control that merit extended treatment. Here, however, I will focus only on two. I will then briefly expand on the proposal I offered in the original paper.

This paper discusses the views of Wheeler and LaFollette on the right to bear arms. It argues, with LaFollette and against Wheeler that the right to bear arms is derivative and not a fundamental right. My argument pivots on the idea that Wheeler's account of what makes a right fundamental is too broad.

Many of us assume we must either oppose or support gun control. Not so. We have a range of alternatives. Even this way of speaking oversimplifies our choices since there are two distinct scales on which to place alternatives. One scale concerns the degree (if at all) to which guns should be abolished. This scale moves from those who want no abolition (NA) of any guns, through those who want moderate abolition (MA) - to forbid access to some subclasses of (...) guns - to those who want absolute abolition (AA). The second scale concerns the restrictions (if any) on those guns that are available to private citizens. This scale moves from those who want absolute restrictions (AR) through those who want moderate restrictions (MR) to those who want no restrictions (NR) at all. Restrictions vary not only in strength but also in content. We could restrict who owns guns, how they obtain them, where and how they store them, and where and how they can carry them. (shrink)

By far the most plausible explanation of data on violent crime in the United States is that its high handgun ownership rate is a major causal factor. The only realistic way to significantly reduce violent crime in this country is an outright ban on private ownership of handguns. While such a ban would undeniably restrict one particular freedom, it would violate no rights. In particular, the unquestioned right to self-defense does not entail a right to own handguns, because the evidence (...) indicates that the widespread belief in handguns’ defensive efficacy is mistaken, especially when we confine our attention to defensive handgun use that is actually morally permissible. A handgun ban will never eradicate the weapons from this country, but it can substantially reduce the ownership rate and, as a result, substantially reduce violent crime. Although political realities may make a handgun ban unattainable in the United States at present, the very act of advancing cogent arguments for the most defensible position will make the goal of handgun prohibition more and more achievable. (shrink)

Gun control assumes myriad guises among over 20,000 current laws, the en d less array of proposed legislation at all levels of government, evolving case law. administrative policies, consumer-product safety regulations, and novel liability and litigation stratagems. The topic embraces a wide variety of arguable means and social ends and, therefore, entails a fair maze of issues. Any instant case of gun control policy serves, in effect, as a rabbit hole leading to an underlying warren of issues: questions of fact, (...) questions of value, and questions of how to try the facts and weigh the values at stake. Consequently, gun control is a matter which few can count themselves for or against simpliciter, notwithstanding the hard and fast battle lines drawn by partisans on either side of the nominal issue. Indeed, the controversy over gun control has been called a 'culture war,' because it evokes impassioned conflict amongst people's deepest sensibilities and convictions about how best to secure human life and limb, individual liberty, social order, or an appropriate balance. So construed, the very controversy over gun control in the United States has few riv a ls as a potential threat to that very social order or as a challenge to our collective ability to give both the factual disputes and the competing values at stake a fair hearing and trial. (shrink)