Will You Be Able to Protect Your Family if Politicians Destabilize Society?

About a week ago, I wrote that people in western nations need the freedom to own guns just in case there are riots, chaos, and social disarray when welfare states collapse.

Much to my surprise and pleasure, this resulted in an invitation to appear on the National Rifle Association’s webcast to discuss the issue.

As I noted in the interview, I’m just a fiscal policy wonk, but the right to keep and bear arms should be a priority for anyone who believes in freedom and responsibility. And even though I only have a couple of guns, you can see that I’m raising my kids to have a proper appreciation for the Second Amendment.

I don’t think we’ll ever get to the point where we suffer societal breakdown, but I won’t be too surprised if it happens in some European countries. We’ve already seen the challenges faced by disarmed Brits during recent riots in the United Kingdom.

In the NRA interview, I pointed out that law enforcement is one of the few legitimate functions of government, so it is utterly despicable when politicians fail to fulfill that responsibility and also deprive households from having the ability to protect themselves.

Last but not least, watch this video if you want to be inspired about protecting the Second Amendment. Pay close attention around the five-minute mark.

Removing Melson Will Not Fix the ATF

The controversy over the ATF’s ill-conceived scheme to “walk” guns across the border with Mexico finally resulted in the removal of one high-ranking official: Acting Director Kenneth Melson. The U.S. Attorney for Minnesota, Todd Jones, will fill the position for now.

A quick review:  ATF supervisors ordered agents to facilitate firearm sales to known or suspected “straw buyers” that intended to move the guns across the border and give them to drug cartels. Gun dealers in the U.S. reported the suspicious transactions to the ATF, expecting to cooperate in apprehending the gunrunners. As it turns out, the suspect buyers had disqualifying conditions that should have shown up in federally mandated instant background checks…but didn’t. The firearms trafficked across the border predictably showed up at crime scenes, including those involved with the murder of a Border Patrol agent, an ICE agent, a Mexican military helicopter shoot-down, and other murders on both sides of the border.

If you’re a private citizen, this sort of thing gets you 30 years in prison. If you’re a whistleblower within ATF, you get terminated. If you’re a supervisor responsible for such a scheme, you get promoted reassigned to ATF headquarters.

This ATF scheme broke numerous firearm laws, possibly the Arms Export Control Act, and facilitated multiple murders. The end result this litany of crimes and persistent ATF and DOJ stonewalling congressional investigations cannot simply be Melson’s removal and replacement with a DOJ official who may also have been complicit in the gun-running scheme.

Meanwhile, the multiple long-gun sale reporting mandate that I wrote about last year, which imposes conditions on gun dealers in border states in violation of federal law, has been implemented by the ATF. This was almost certainly one of the goals of the “gun control for the sake of Mexico” push we’ve seen for over two years, even though the numbers of private arms in cartel hands are far lower than we’ve been told, ATF efforts notwithstanding. ATF headquarters is throwing a party to celebrate the latest round of illegal action.

Melson’s departure is certainly warranted, but we’re a few indictments and many terminations short of justice, in my mind.

English Riots, Moral Relativism, Gun Control, and the Welfare State

I wrote earlier this year about the connection between a morally corrupt welfare state and the riots in the United Kingdom.

But what’s happening now is not just some left-wing punks engaging in political street theater. Instead, the UK is dealing with a bigger problem of societal decay caused in part by a government’s failure to fulfill one of its few legitimate functions: protection of property.

To make matters worse, the political class has disarmed law-abiding people, thus exacerbating the risks. These two photos are a pretty good summary of what this means. On the left, we have Korean entrepreneurs using guns to defend themselves from murdering thugs during the 1992 LA riots. On the right, we have Turkish entrepreneurs reduced to using their fists (and some hidden knives, I hope) to protect themselves in London.

Which group do you think has a better chance of surviving when things spiral out of control? When the welfare state collapses, will the Koreans or the Turks be in a better position to protect themselves? And what does it say about the morality of a political class that wants innocent people to be vulnerable when bad government policies lead to chaos?

Speaking of chaos, let’s look at the “root causes” of the riots and looting in the United Kingdom.

Allister Heath is the editor of City A.M. in London, and normally I follow his economic insights, but his analysis of the turmoil is superb as well. Here’s an excerpt. But as Instapundit likes to say, read the whole article.

Debilitating, widespread fear. The country held to ransom by feckless youths. Thousands of shocked Londoners cowering in their homes, with many shops, banks and offices shutting early. …It no longer feels as if we live in a civilised country. The cause of the riots is the looters; opportunistic, greedy, arrogant and amoral young criminals who believe that they have the right to steal, burn and destroy other people’s property. There were no extenuating circumstances, no excuses. …decades of failed social, educational, family and microeconomic policies, which means that a large chunk of the UK has become alienated from mainstream society, culturally impoverished, bereft of role models, permanently workless and trapped and dependent on welfare or the shadow economy. For this the establishment and the dominant politically correct ideology are to blame: they deemed it acceptable to permanently chuck welfare money… Criminals need to fear the possibility and consequence of arrest; if they do not, they suddenly realise that the emperor has no clothes. At some point, something was bound to happen to trigger both these forces and for consumerist thugs to let themselves loose on innocent bystanders. …the argument made by some that the riots were “caused” or “provoked” by cuts, university fees or unemployment is wrong-headed. …the state will spend 50.1 per cent of GDP this year; state spending has still been rising by 2 per cent year on year in cash terms. It has never been as high as it is today – in fact, it is squeezing out private sector growth and hence reducing opportunities and jobs. …This wasn’t a political protest, it was thievery. …We need to see New York style zero tolerance policing, with all offences, however minor, prosecuted. But what matters right now is to regain control, to stamp out the violence and to arrest, prosecute and jail as many thugs as possible. The law-abiding mainstream majority feels that it has been abandoned and betrayed by the establishment and is very, very angry.

Guns in D.C.

Three years after the Supreme Court’s  landmark Heller ruling, which declared Washington, D.C.’s gun control laws unconstitutional, city officials keep fighting.  Under pressure from another lawsuit concerning a de facto ban, the city says that guns may now be purchased at the police station.  No details yet on whether residents will have to change into orange jump suits and wait in the holding cells while the police process the paperwork.

More here.

Chicago Still Disrespects Second Amendment

That’s the upshot of a recent decision by the Seventh Circuit Court of Appeals in the case of Ezell v. City of Chicago.  This was a challenge to the new regulations the city enacted in the wake of McDonald v. City of Chicago case, which applied the Second Amendment to the states. 

In an attempt to circumvent the Supreme Court’s clear holding, Chicago’s ordinance first mandates that would-be gun owners receive training at a firing range but then prohibits firing ranges from operating in the city.  The court, in a striking opinion by Judge Diane Sykes (put her on your Supreme Court shortlist for the next Republican administration), tells the city to go back to the drawing board.

I won’t go into the details, but the court applied something greater than intermediate (but “not quite strict”) scrutiny and found that Chicago has not presented anything approaching a compelling reason for its restriction.  Here’s an analysis of the opinion by Josh Blackman and some follow-up commentary from Cato associate policy analyst Dave Kopel.

Gratifyingly, Judge Sykes cites the Pandora’s Box article that Josh and I published early last year in the run-up to the McDonald argument (see footnote 11 on page 31).  It’s quite an honor to appear in the same footnote as Randy Barnett, Steven Calabresi, Brannon Denning, Glenn Harlan Reynolds (the Instapundit), and many other noted scholars — including Akhil Amar, who in the wake of our Obamacare debate and bet may not appreciate it as much.

Congratulations to the intrepid Alan Gura (who also litigated McDonald and Heller v. District of Columbia) and to all the citizens of Chicago!

Wednesday Links

The Good, The Bad, and The Ugly

The Good: Congressional investigators are in Arizona to gather information on the ATF’s ill-conceived “Gunwalker” operation that supplied Mexican drug cartels with weapons. As I wrote at National Review, street agents objected from the beginning, but were told in no uncertain terms to pipe down:

Agents raised warnings to their superiors about the quantity of sales and the rising violence across the border, but were told that the operation had been approved at ATF headquarters. They were also told that if they didn’t like it, they were welcome to seek employment at the Maricopa County jail as detention officers making $30,000 a year.

I’d like to think that investigators will find that managerial incompetence was the culprit and not intentional facilitation of cross-border violence in order to hype gun control for the sake of Mexico. We’ll see.

The Bad: Philadelphia TSA screener Thomas Gordon has been arrested on child pornography charges.

The Ugly: Unions worked (for unrelated reasons) to keep said TSA screener in his job a few months before his arrest.

Thanks to AFGE’s legal assistance, a TSO at Philadelphia International Airport will remain employed at TSA after being proposed for removal. TSO Thomas Gordon had difficulty maintaining his work schedule because he had to take care of a family member…

“It means a great deal to me to know that my union — AFGE — has my back in situations like this,” Gordon said.

Now that the TSA screener workforce has voted to unionize, the only question is which union will represent them. Expect a stout union defense against any allegations of TSA excesses in patting down children or attractive women. If a union doesn’t defend the bad apples, it isn’t doing its job. Just ask the families of Sal Culosi and Erik Scott.

Political Trends and Gun Control Politics

From today’s Washington Post:

During his campaign, Obama supported reintroducing the lapsed assault weapon ban, promised to eliminate an amendment requiring the FBI to destroy records of gun buyers’ background checks and advocated closing the gun-show loophole. Since taking office, the president has done none of that, and before the midterm elections, he shelved a proposal requiring gun dealers to report bulk sales of high-powered semiautomatic rifles. In his State of the Union address, just weeks after the Giffords shooting in January, Obama made no mention of guns. … Other leading Democrats, even those traditionally willing to offer full-throated support for gun-control efforts, have grown surprisingly less vocal as they take on more of a national role.

The Dems have lost enthusiasm for gun control.  No question.  But seems to me that media interest is also a big factor here.  When the news media turned from Gabrielle Giffords to Libya, that’s where Obama went next.

For related Cato work, go here and here.

Young Man Control

Instead of directing their energies on gun control, P. J. O’Rourke says liberals might want to focus on the real source of violence in our society and propose some “Young Man Controls,” such as longer young man waiting periods and young man registration. Not a ban, but common sense young man controls.  

Hey, there’s already some movement in that direction—in the crucial pre-young man phase.

For Cato work on gun control, go here.

Gun Owners in the District of Columbia

The Washington Post has an interesting article about what has happened in the city since the Supreme Court declared the city’s gun ban unconstitutional in the landmark Heller decision in 2008.  Basically, hundreds of residents have registered thousands of firearms. More than 2 years have passed and the predicted mayhem is not here. DC Mayor Fenty called the court ruling an “outrage” and said the ban was necessary to stop residents from intentionally or accidentally killing one another.  Paul Helmke of the Brady Campaign says the debate over the ban is not over yet.  Several more years of data gathering will be necessary.  And so the debate rolls on!

For more on this subject, check out the Cato book on the Heller case,  Gun Control on Trial  by Brian Doherty.  Still more here, here, and here.

ATF: Laws are for the Little People

That’s the only message I can take away from the ATF proposal to require Federal Firearm License (FFL) holders to report the sale of two or more semiautomatic rifles that accept detachable magazines in states along the border with Mexico. In other words, this is gun control for the sake of Mexico.

Thing is, the proposal breaks the law. The ATF doesn’t have the authority to do this.

As David Hardy notes at Of Arms & the Law:

There are several violations of the Gun Control Act, as amended by the Firearm Owners’ Protection Act. First, 18 USC §926(b) provides “The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.” This is stricter than the Admin Procedure Act’s general provision for a “reasonable” comment period, and it has no emergency exceptions. ATFE is only giving 30 days’ notice.

Second, the FOPA amendments were intended to cut off future requirements of direct reporting — I say future because the existing regs (including reporting of multiple handgun sales were grandfathered in, but limited to those specific requirements. Thus far and no farther.

The ATF’s action provokes a court contest over the limits of the agency’s powers, which are clearly being exceeded. The litigation will provide another opportunity for Hardy’s excellent article about the legislative history of the Firearms Owners’ Protection Act to get cited in federal court.

All of this is unnecessary and lawless. There is a legitimate way for allowing the ATF to take this action: amend the law. Instead the Executive is ruling by regulatory fiat, damaging and degrading the rule of law. Unfortunately, there’s a lot of that going around these days.

Brian Aitken’s Sentence Commuted

New Jersey Governor Chris Christie has commuted the seven-year sentence of Brian Aitken, the man wrongfully convicted on firearms charges under that state’s draconian gun laws. Good.

While a full pardon seems more appropriate – the judge in this case should have given the jury instructions on the “moving exception” that protected Aitken – this is at least recognition of an injustice and relief for one man and his family.

The New Jersey state judicial system’s webpage describes the grand jury’s function as “a screening mechanism to protect citizens from unfounded charges.” That didn’t happen in this case. For more on this phenomenon, read this Cato Policy Analysis, “A Grand Façade: How the Grand Jury Was Captured by the Government.”

For more Cato work on criminal justice, check out Tim Lynch’s excellent book, In the Name of Justice.