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Peace at any cost is a Prelude to War!

CONGRESS ACTION: September 2, 2001

=================

FUNDAMENTALLY FLAWED (Part Two) -- THE REAL-WORLD TEST OF GUN BAN IDEOLOGY:
The Violence Policy Center report, "Shot Full of Holes, Deconstructing John
Ashcroft's Second Amendment", concludes with the following sentence,
"Attorney General Ashcroft's efforts to change the Department [of Justice]'s
position on the Second Amendment will have dangerous real-world implications
that will be measured in increased death and injury from firearms." It would
be hard to find a more blatant case of "deconstructing" reality, of ignoring
the facts in favor of wishful thinking. If the Violence Policy Center is
interested in "real-world implications", they have to look no further than
across the Atlantic to Britain, where the fondest whims of the gun banners
have actually been implemented and tested. By every rational measure those
gun control laws, including a virtually total ban on handguns, have failed
miserably.

The Centre for Defence Studies, King's College, London, recently issued a
study titled Illegal Firearms in the UK, examining the effect of gun control
measures in the United Kingdom. In the years since the ban was enacted, the
criminal use of firearms has increased by 40%. The study found that in "the
20 police areas with the fewest legally-held firearms, half had an above
average level of gun crime. Of the 20 police areas with the highest level of
legally-held guns, only two had armed crime above the average." Yet U.K. gun
banners insist that their "cure" is working: "the last thing we should do is
relax our gun laws." Like the doctor who proudly trumpets his cure for a
deadly disease -- and tells you not to be concerned that more patients died
with the cure than without it. Of course the pro gun control American media
simply isn't interested, and hopes that you'll never find out about the
deadly failure of gun control. Search the propaganda mills that insultingly
call themselves the American free press for any mention of this study. Our
media wants to keep you ignorant of how dangerous their scheme for total
civilian disarmament really is to your safety.

Since 1997 the United Kingdom has been serving as a real-world laboratory for
the schemes of gun controllers. Following a shooting at the Dunblane Primary
School in March 1996 in which 16 children and a teacher were killed, the
British Parliament passed the Firearms (Amendment) Act 1997. The
certification process for the holders of a "Firearm Certificate" under the
Firearms Act 1968, the principal Act governing the possession of firearms by
private individuals was also tightened. In March, 2000, the Home Affairs
Committee of the British Parliament issued a report titled Controls Over
Firearms, explaining the current firearms licensing structure in the U.K.
Under the Firearms Act 1968, many handguns and automatic weapons fell under
"Section 5 controls", which were weapons prohibited for private possession
unless held under the express authority of the Secretary of State. "Section 1
controls" covered most other firearm in general use, such as rifles and
high-powered air weapons, and certain types of multi-shot shotguns. "Section
2 controls" governed specific types of shotguns (long-barreled shotguns with
no magazine or a non-detachable magazine capable of holding no more than two
cartridges). The Firearms (Amendment) Act 1997, following Dunblane, subjected
virtually all handguns to "Section 5 controls" -- that is, their possession
and use is flatly prohibited except by express authority of the Secretary of
State. What are considered less dangerous firearms -- shotguns and
low-powered air weapons -- are subject to lesser controls, governed by the
Firearm Certificate process.

Granting of a Firearm Certificate requires that the issuing authority
determine that the applicant: (a) is fit to be entrusted with a firearm, and
is not a person prohibited from possessing a section 1 firearm; (b) has good
reason for possessing, purchasing, or acquiring the specific firearm and
ammunition for which the application is made; and (c) can be permitted to
have the firearm or ammunition in his possession without danger to the public
safety or to the peace. The Firearm Certificate can be revoked if the issuing
authority has reason to believe either: (a) that the certificate holder "is
of intemperate habits or unsound mind or otherwise unfitted to be entrusted
with a firearm"; or (b) that the certificate holder can no longer be
permitted to hold the firearms or ammunition to which the certificate relates
without danger to public safety or the peace; or (c) that the certificate
holder is prohibited from possessing a firearm; or (d) that the certificate
holder no longer has good reason to possess the firearm or ammunition.

The system, obviously, is highly subjective. And it has been a spectacular --
and dangerous -- failure. Here are some of the submissions to the Home
Affairs Committee for their Controls Over Firearms report:

"It is clear that the bans introduced in the Firearms (Amendment) Act 1997 in
respect of handguns have not worked.. Clearly, these handguns could not be
lawfully possessed and therefore must have been illegally imported into the
country or already be in the unlawful possession of someone. These facts tend
to support those shooting organisations who were opposing the ban of handguns
at the time the above Act was proposed in that handguns in the lawful
possession of those involved in target shooting were rarely used in criminal
activity." -- Police Superintendents' Association, West Yorkshire Branch.

"The ban on handguns introduced in 1997 has undoubtedly removed a source of
legitimately held firearms but it is not possible to state whether this
reduced the number of weapons available illegally." -- Chief Superintendent,
Chairman, Operational Policing Advisory Committee.

"Small and large calibre handguns may have been taken out of circulation but
the numbers of pistols/revolvers in circulation have not dropped in
proportion." -- Police Superintendents' Association, Cleveland Branch.

"The Firearms (Amendment) Act 1997 has been very successful in significantly
reducing legally held handguns from circulation but it has no effect on those
illegally held." -- Police Superintendents' Association, Humberside Branch

"Whilst the change in the law on handguns has reduced the number, it does not
appear to have been difficult for criminals to get hold of them whenever they
want." -- Police Superintendents' Association, Hampshire Branch.

Imagine that! Law abiding Britons are disarmed, but criminals have no trouble
getting weapons "whenever they want". Are we supposed to be surprised by
that? Thomas Jefferson would not have been surprised: "The laws that forbid
the carrying of arms...disarm only those who are neither inclined nor
determined to commit crimes. Can it be supposed that those who have the
courage to violate the most sacred laws of humanity...will respect the less
important and arbitrary ones... Such laws make things worse for the assaulted
and better for the assailants, they serve rather to encourage than to prevent
homicides, for an unarmed man may be attacked with greater confidence than an
armed man." -- Jefferson, quoting Enlightenment philosopher Cesare Beccaria,
"On Crimes and Punishment", 1764.

"The Council notes that the existing system of control is made up of
components often introduced piecemeal in an attempt to assuage public
feelings rather than based on an identified need. It has not been subject to
rigorous examination to determine its effectiveness and efficiency. Although
much of this system has been justified on grounds of public safety, it has
failed to address the central issue that public safety is put at risk by
illegal arms and not by those of law-abiding sportspersons." -- the British
Shooting Sports Council.

"Legally held guns are very rarely used in criminal activities." -- the
National Farmers' Union.

And recall the International Crime Victims Survey, released by the Dutch
Ministry of Justice in February, 2001 (discussed in the May 20 issue of this
newsletter), that found the three countries with the most draconian handgun
bans recently enacted -- the United Kingdom, Australia, and Canada -- to be
among the top five countries in the world with the most frequent incidents of
criminal violence (the U.S. ranked ninth). And while violent crime showed a
declining trend in America, the trend was found to be increasing in the U.K.
and Australia.

Yet the British Gun Control Network, like its American counterparts, is not
interested: "All our activities and objectives are predicated on the belief
that the interests of public safety demand a reduction in the availability
and attractiveness of firearms of all kinds." Belief is fine, but should
belief overcome facts? Their response to the Centre for Defence Studies
report: "The distinction between legal and illegal weapons is not clear cut.
It should not be forgotten that virtually all guns start out as legal
weapons, and that victims are unable to discriminate between a bullet fired
from a legal or an illegal gun. Policy must be based on the strict control of
availability of all weapons."

Arguments are made by gun control groups that there hasn't been any real
increase in violent crime in the United Kingdom following the Firearms
(Amendment) Act 1997, because statisticians have changed the way that
criminal events are reported and recorded. It is true that the methodology
has changed, but the Minister of State of the Home Office addressed that
specific issue in a submission to the Parliament during its examination of
the 1997 Act: "In order to be able to make some comparisons on recorded crime
before and after the change in counting rules, a linking exercise was
undertaken. This showed that there was an overall increase of 14 per cent in
recorded crime figures due to the change in counting rules." Recall that the
Centre for Defence Studies found that the criminal use of firearms has
increased by 40%, only 14 percentage points of which are attributable to
changes in the reporting methodology.

An organization called Justice for Shooters contends that the United Kingdom,
as a consequence of its regulation of firearms, is presently in violation of
the European Convention of Human Rights because ".the 1997 Firearms Amendment
Acts only succeeded in depriving a significant minority of innocent people of
their Human Rights, sport, property and livelihoods." And as the reports from
the Centre for Defence Studies and the Home Affairs Committee show, honest
people have also been rendered defenseless against criminal depredations.
There is no doubt that gun control is a violation of human rights -- the
age-old human right of self defense. ".a man's house is his Castle, and a
person's own house is his ultimate refuge; for where shall a man be safe, if
it be not in his house. And in this sense it truly said, and the laws permit
the taking up of arms against armed persons." -- Sir Edward Coke, "Institutes
of the Laws Of England", 1628. "Self defense is justly called the primary law
of nature, so it is not, neither can it be in fact, taken away by the laws of
society." -- Sir William Blackstone, "Commentaries on the Laws of England",
1765.

Increasingly around the world, that "primary law of nature" -- the inherent
human right to defend yourself, your family, and your home against criminal
attack -- is being subverted by the "laws of society". We in this country
argue the finer points of Constitutional interpretation to decide whether
individuals have the right to keep and bear arms, but in so doing we ignore
the larger issue -- that when honest people are disarmed, criminals find it
easier to ply their trade. This is undeniable. That criminals will always be
able to obtain weapons is also not arguable. Simply passing laws will not
prevent that, as the billion-dollar annual trade in illegal drugs makes
painfully clear. But that criminals will remain armed while honest people are
disarmed, while true, is almost beside the point. The fact remains that the
most effective means for people to defend themselves against criminal attack
(armed or unarmed) are firearms, and those who disarm honest and law-abiding
people have the suffering of tens of thousands of needless victims on their
hands.



FOR MORE INFORMATION.

========================

Centre for Defence Studies, King's College, London (the site is currently
being upgraded): http://www.kcl.ac.uk/depsta/rel/cds/

Countryside Alliance's Campaign for Shooting (commissioned the report Illegal
Firearms in the UK, and the site contains excerpts):
http://www.countryside-alliance.org/news/latest01/010716gunl.htm

Home Affairs Committee Report: Controls Over Firearms:
http://www.publications.parliament.uk/pa/cm199900/cmselect/cmhaff/95/9502.htm

International Crime Victims Survey (Dutch Ministry of Justice):
http://rulj287.leidenuniv.nl/group/jfcr/www/icvs/



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mr. Kim Weissman
[EMAIL PROTECTED]


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