What’s the Issue?
So, why all the fuss? Well, for one, when doing a Google search for articles, typing in “mall shooting 2007” three different mall shootings came up in the top five headlines—Salt Lake City, Kansas City, and Omaha. Add to that the number of tragic fatal shootings at schools and one can see why gun violence strikes a nerve. That such random violence could have been prevented with stricter laws and better safety features on guns doubles the tragic value. Losing a loved one for someone’s right to bear arms seems an unfair trade.
Yet, those who are pro-gun rights have just as weighty and emotional an argument—the defense of a civil liberty granted in the U.S. Bill of Rights. This is more than just a clever cover. Having achieved independence with gun-toting militias, the United States perceives the ability to possess guns as fundamental to checking overbearing government authority. As fantastic as it seems, imagine a government that slowly restricts gun use until no civilians have guns. Imagine, then, a repressive government coming to power and civilians wanting to overthrow it. Kind of hard without legal possession of guns, no? To be sure, this is a worst-case scenario that fails to include a lot of other factors such as superior government surveillance and other weaponry. However, the point remains that the right to carry guns is seemingly embedded in our national consciousness. Furthermore, gun rights proponents argue that many of the high-profile massacres could have been prevented not by better gun-control laws but by better mental-health treatment.
The issue, however, is not whether to ban guns altogether—it is the amount of federally mandated safety features and restrictions on purchases to be required. On one side there is the National Rifle Association (NRA) one of the country’s most powerful lobbies, both in terms of ability to deliver votes and campaign contributions. The NRA opposes gun control measures as well as federally mandated safety features on guns, seeing both as an assault on the ability to own guns, which, they argue, would eventually end in their prohibition. On the other side are the less powerful pro-gun control organizations such as The Brady Campaign which advocates tighter laws such as background checks and waiting periods as well as enhanced safety features on guns, though not outright gun prohibition.
What’s Going on Now?
In a rare case of cooperation, a bill tightening background checks for mental health issues prior to gun purchase passed both the House and Senate with the blessing of the NRA on December 19, 2007.
Yet, a decline in handgun violence that began in 1995 started spiking again in 2005, with an increase in incidents, victims, victims as a percentage of the population, and percentage of crimes conducted with handguns. Furthermore, the 2004 lapse of the 1994 federal assault weapon ban (banning semi-automatic weapons of the sort used in the Virginia Tech killings) has ignited a new debate on what that legislation accomplished, if anything. Proponents of the legislation point to the Virginia Tech killings for one. Opponents say that semi-automatic weapons merely look scary and aren’t as dangerous as, say, a .50 caliber hunting rifle and that the bill accomplished nothing. Though Presidential-hopeful Joe Biden introduced his new Crime Bill in October 2007, it is unlikely to receive any attention in the near future as Congress goes on its winter recess.
Why Should I Care?
It depends on where you fall in the civil liberties/security debate. Is your ideal society one where citizens have the ability to form their own militias and overthrow a repressive government or defend oneself with a gun? Or is it one where you can walk around without worrying that ordinary crimes will escalate because of guns? This civil liberties/security debate permeates other issues, specifically those related to fighting terrorism.
The chance that you or someone who know will fall victim to arbitrary gun violence is slim. Similarly, the chance that you’ll need to use a gun in self-defense from another person or the government is also small. Knowing, however, where you stand both in theory and in practice is a useful political exercise and the results could be surprising.
Though a gun-owner (at least at one point in his life), Senator Biden sees small gun control measures, such as requiring gun show purchases to have the same background check required at a gun store, as necessary to prevent a tragedy such as Virginia Tech. He also believes that the assault-weapon ban should not have lapsed. His other measures focus on crime prevention (increased police presence) and targeting mental illness (to prevent high-profile tragedies). The author of the 1994 Crime Bill, which takes credit for some of the fall in crime in the 1990’s (and over which Biden has had a nice spat with Giuliani), Biden has also authored a 2007 update to that bill after the up-tick in violent crime during the past two years. The bill takes a three-pronged approach—prevention, community-based policing, and tough-but-fair prison sentences. Updated for 2007, the bill focuses on building up police forces diminished by the transfer of 1,000 FBI agents to focus on terrorism. In terms of gun control, the 2007 Bill includes some of the bans on assault-weapons in the 1994 ban, but includes bans on semi-automatics with more than five rounds of ammunition (as opposed to ten in the 1994 ban).
Hillary Clinton
Like many others, Hillary Clinton sees bans on assault weapons as well as an increased police presence as key to the reduction in gun-related crime that occurred in the 1990’s. However, her new campaign mantra has been to find out how additional laws failed (given that the Brady Law tightening background checks failed in the case of the Virginia Tech shooter) before piling on more restrictions. She believes that addressing other causes, such as unemployment, are also instrumental in reducing gun crime. In the past, Clinton hoped to reduce other causes of gun crime, especially the headline grabbing kind, through tighter background checks for mental instability, as well as through an age limitation (21). Work with social workers and counselors at school could also help look for early warning signs for children who are a threat to themselves and others, with or without guns. She has agreed in the past that a national registry and requiring all handgun owners to have a photo ID would be an effective control measure. Furthermore, Clinton voted no on S 397, a 2005 bill that prohibits lawsuits against gun manufacturers. That bill passed.
John Edwards
Touting his Southern background, Edwards has stated that he supports hunters’ rights, while advocating for tighter restrictions, include closing the gun show loophole. He voted yes on a 1999 bill requiring background checks at gun shows and had the week earlier voted no on stricter penalties for drug and gun crimes. He was opposed to the bill limiting the liability of gun manufacturers.
Rudy Giuliani
In another instance of Giuliani defending past policy decisions, Giuliani has had to equate his past restrictions on gun rights in New York City with the policy decisions required by a densely populated urban population. However, past actions don’t entirely square with his case for urban particularism. He has lobbied for Congress to outlaw most military-style assault weapons and has spoken in favor of licensing systems that would require trigger locks and firearms training. As a presidential candidate, however, he has come out in support of state, not federal, gun laws. In particular, Giuliani has backpedaled on his former support of an assault-weapon ban, saying that he supported it as mayor of New York City, but wouldn’t necessarily as President of the US. Aides say that his views have consistently favored enforcing gun laws, not gun control, and that he has focused on responsible gun ownership and getting guns out of the hands of criminals.
Mike Huckabee
Mike Huckabee has been firm in his stance that the Second Amendment is about freedom, not about hunting—though he himself does enjoy hunting and owns guns. However, Huckabee says that even if he weren’t a hunter, he would support Second Amendment rights. He supports Florida’s 2005 Castle Doctrine, which allows citizens under attack at home, in their car, or on the street, to use force, including deadly force, to repel the attack. He opposes banning assault weapons as well as The Brady Bill, which requires a waiting period for a background check before a gun purchase. He supports carrying concealed weapons (he was the first governor to have a conceal carry license), saying that it might have reduced the death toll of the Virginia Tech shootings if someone nearby had also had a gun. In that vein, Huckabee’s solution to high-profile gun crime is igniting a nationwide discussion on mental health.
Duncan Hunter
Like Mike Huckabee, Duncan Hunter frames his support of gun rights in the language of the second amendment, not about hunting. He voted for prohibiting lawsuits against gun manufacturers for gun misuse, as well as decreasing the waiting period for gun purchase from three days to one.
John McCain
Though John McCain is not a gun owner himself, he is supportive of the right to bear arms and is critical of gun control measures, saying that they are ineffective and punish responsible gun owners, not criminals. He opposes holding gun manufacturers responsible for misuse of guns, but supports bans on certain assault weapons. However, he voted against both The Brady Bill and the 1994 assault weapon ban. That said, McCain says he is in favor of banning cheap guns (Saturday Night Specials), requiring safety locks and performing background checks for gun show purchases, though he voted against most of those measures. He also introduced the 1999 Youth Violence Prevention Act, which never made it out of committee. Despite his April 2007 statement that he favored no gun control, McCain’s mixed message on the issue has earned him a failing rating from the Gun Owners’ Association.
Barack Obama
Though supporting several gun control measures, Barack Obama has also introduced a new concept into the debate. Unlike others candidates who focus on mental health, video games, parental supervision and such, Obama has suggested that lack of morality plays a role in indiscriminate mass killings (The Audacity of Hope). However, Obama is not in favor of an outright ban on guns. He supports Second Amendment rights and makes a distinction between the benefits of guns for protection in some areas as well as their drawbacks in others.
A very strong Second Amendment right supporter, Ron Paul has argued against laws such as The Brady Bill and has introduced the Second Amendment Protection Act to repeal current gun control laws. However, he is also a strong Federalist and in that vein has argued against S. 397 which would prohibit lawsuits against gun manufacturers for misuse of arms. Paul's argument against the bill is different than many in his voting camp though—he opposes the federalization of tort reform and believes it is a matter best left to states.
Bill Richardson
Highly rated by the NRA, Bill Richardson, who has his own conceal-carry permit, also favors certain small restrictions on gun ownership. He believes in instant background checks (eliminating the waiting period designed to let the angry or suicidal cool their heels…) and working to keep guns out of the hands of criminals and the mentally ill. Though he voted for the 1994 Assault Weapon Ban while a Congressman, he later said that the ban didn’t work. Instead, Richardson favors attacking the poverty he says is at the root of much gun violence. Richardson has also voted for several other gun control bills including banning weapons within 1,000 feet of a school and the 1996 Domestic Violence Gun Ban, which prohibits people convicted of a misdemeanor or domestic violence from owning a gun. As governor of New Mexico, however, Richardson did sign a 2005 law allowing concealed carry licenses.
Mitt Romney
As governor of liberal Massachusetts and U.S. Presidential candidate, Mitt Romney has taken a range of views gun control from supporting the Brady Bill and assault weapons ban to not supporting the Brady Bill and joining the NRA at an undisclosed date. As governor Romney signed a 2004 law banning assault weapons, but in 2005 declared May 7th “The Right to Bear Arms Day.” Though Romney has many opposing positions on gun control, what is clear is that Romney has been trending towards greater gun rights as a presidential candidate.
Fred Thompson
Fred Thompson’s entrance into the presidential race gave many gun rights advocates a reason to sigh with relief. Unlike several front-runner candidates who have dubious records on voting for gun rights, Fred Thompson has been fairly consistent in his anti-gun control stance. Though he’s deviated a few times, most notably the McCain-Feingold Campaign Finance Reform Act, which some pro-gun organizations dislike because it hampers their ability to advertise for a candidate a month prior to an election. Thompson is against gun-free zones and background checks at gun shows.