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Obama's Shifting Positions Leave Questions Unanswered On Guns...
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BY JOHN R. LOTT JR.

Posted 7/24/2008

Sen. Barack Obama claims there has been only a "shift in emphasis,"
not "wild shifts," in his political positions. Many already know the
list: Foreign Intelligence Surveillance Act, NAFTA, public financing
of campaigns, abortion, gay marriage, Social Security taxes, the death
penalty and negotiating with rogue nations.

Possibly one of the more remarkable changes has been his position on guns.

But despite Obama's recent concession on "The NewsHour with Jim
Lehrer" that there has been a "shift in emphasis" on various issues,
on guns he held firm: "You mentioned the gun position. I've been
talking about the Second Amendment being an individual right for the
last year and a half. So there wasn't a shift there."

Unfortunately, the interviewer, Gwen Ifill, didn't challenge his claim.

The day the Supreme Court struck Washington, D.C.'s gun ban, Obama
claimed the court's decision merely confirmed his own view. He told
Fox News he had "said consistently that I believe that the Second
Amendment is an individual right, and that was the essential decision
that the Supreme Court came down on."

So has Obama consistently supported individuals' rights to own guns
and opposed the D.C. handgun ban?

Last November, Obama's campaign told the Chicago Tribune that "Obama
believes the D.C. handgun law is constitutional." After Obama's
statement supporting the Supreme Court striking down the ban, the
campaign quickly disowned the Chicago Tribune quote as a staffer's
"inartful attempt" to characterize his position.

Unfortunately, however, Obama personally voiced support for the D.C.
ban at other times. In February, he did this himself, not something
that he could blame on a staffer.

ABC's local Washington, D.C., anchor Leon Harris asked Obama: "One
other issue that's of great importance here in the district as well is
gun control. You said in Idaho recently . . . 'I have no intention of
taking away folks' guns,' but you support the D.C. handgun ban."
Obama's simple response: "Right." When Harris said "And you've said
that it's constitutional," Obama is clearly seen on tape nodding his
head yes.

But this is not new. Obama has a long history of supporting city gun
bans. As the Associated Press described his 2004 vote on a gun control
bill:

"He also opposed letting people use a self-defense argument if charged
with violating local handgun bans by using weapons in their homes. The
bill was a reaction to a Chicago-area man who, after shooting an
intruder, was charged with a handgun violation."

Obama's statement on "NewsHour" added a new qualifier that he has been
making the individual right position "for the last year and a half."
Previous statements have simply said that he has had "consistently"
held that position on guns. But all the changes are causing confusion
among Obama's own advisers.

One adviser, Stanford Law Professor Larry Lessig, said last week on
Hugh Hewitt's national radio show that "Barack Obama is not a lefty. .
. . I think that he has always been an individual rights person on the
Second Amendment."

No matter Obama's current position, no major party presidential
nominee has probably ever had as strong and consistent an anti-gun
record. Here is a politician who supported a ban on handguns in 1996,
backed a ban on the sale of all semiautomatic guns in 1998 (a ban that
would encompass the vast majority of guns sold in the U.S.), advocated
in 2004 banning gun sales within five miles of a school or park
(essentially a ban on virtually all gun stores), as well as served on
the board of the Joyce Foundation, probably the largest private funder
of anti-gun and pro-ban research in the country.

Difficult questions still remain. With new legal cases being filed
against Chicago's gun ban over the last couple of weeks, somebody in
the media is going to eventually have to ask Obama why he has not only
never spoken out against Chicago's ban, he actively supported it.

Or, what do his positions mean for Supreme Court nominees? How will
Obama reconcile his new position with the fact that all the members of
the Supreme Court whom he reveres and whom his appointees would be
like voted that the Second Amendment is not an individual right? These
justices went even further and argued that even if the Amendment
guaranteed such a right, D.C.'s ban does not infringe people's rights
to own guns.

Obama obviously thinks the gun issue is important. Why else is it one
issue on which he won't admit shifting emphasis? But would anyone
believe a promise by him that his judicial nominees wouldn't vote to
reverse the court's close 5-to-4 decision on the Second Amendment?

Lott is a senior research scientist at the University of Maryland and
the author of "Freedomnomics."

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