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Why the Right to Keep and Bear Arms Is Fundamental

As libertarians, we believe that people have the right of self-ownership and property. If we have these rights, it’s obvious that we have the right to defend these rights by using force against attempts to take them away from us. As the great Murray Rothbard says in The Ethics of Liberty: “If, as libertarians believe, every individual has the right to own his person and property, it then follows that he has the right to employ violence to defend himself against the violence of criminal aggressors.”

The Leftists who want to take away our guns claim that guns are dangerous: people often die in gun accidents, for example, and sometimes, people wrongly kill or seriously injure others because they are overcome by rage. The Second Amendment to the Constitution guarantees that “the right of the people to keep and bear arms shall not be infringed,” but until the Supreme Court ruled in Heller and other cases that the amendment is an individual right, not just a right that is applicable only when people are serving in the militia, the Second Amendment wasn’t held to limit the right of states or localities to ban or to restrict gun usage by people. And Heller and the follow-up cases allow states considerable latitude to restrict guns, and Blue States have taken full advantage of this. Moreover, machine guns, and guns with silencers can still be banned, and the government can also forbid sales of guns to certain classes of people, e.g., those who have been convicted of a felony, Furthermore, victims are so hamstrung by provisions against “undue” force in self-defense that the criminal is automatically handed an enormous built-in advantage by the existing legal system.

But, as Rothbard notes with characteristic insight, guns are not by nature aggressive; only what people do with guns can qualify as aggression: “It should be clear that no physical object is in itself aggressive; any object, whether it be a gun, a knife, or a stick, can be used for aggression, for defense, or for numerous other purposes unconnected with crime. It makes no more sense to outlaw or restrict the purchase and ownership of guns than it does to outlaw the possession of knives, clubs, hatpins, or stones. And how are all of these objects to be outlawed, and if outlawed, how is the prohibition to be enforced? Instead of pursuing innocent people carrying or possessing various objects, then, the law should be concerned with combatting and apprehending real criminals.”

Also, what follows from the fact that people use violence to commit crimes of violence? The fake “gun control” advocates don’t mention that by far the greatest use of guns for violent crimes has been governments, not people acting in their private capacity. As the economist George Reisman has said: “Let me say immediately that I too believe in gun control. However, I do so in the light of the knowledge that by far the largest number and the most powerful guns and other weapons are in the possession of the government. First and foremost, of course, the federal government, which has atomic and hydrogen bombs, as well as ballistic missiles with which to deliver them, fleets of warships, and thousands upon thousands of tanks, planes, artillery pieces, machine guns, and lesser weapons. State and local governments also possess considerable weaponry, though less than the federal government. But just the revolvers, rifles, shot guns, clubs, tear gas, and tasers in their possession are capable of causing serious injury and death, and frequently do so.

“Moreover, the threat of deadly force is implicitly present in every law, regulation, ruling, or decree that emanates from any government office, at any level. The threat of such force is what compels obedience on the part of the citizens. Even such an innocuous offense as a parking violation is capable of resulting in death if a person persists in not paying the fine imposed and, when ultimately confronted with arrest, resists by physically defending himself.

“Literally everything the government does is ultimately a threat to point a gun at someone and use it if necessary. If this were not the case, the law, regulation, ruling, or whatever, would be without force or effect. People would be free to ignore it if they wished. Because of the government’s implicit threat to use deadly force to uphold its decisions, any meaningful program of gun control must above all focus on strictly controlling and regulating the activities of the government.

“The government possesses overwhelming power to respond to the use of force by common criminals. That is its basic domestic function. The very existence of laws against such crimes as murder, robbery, and rape serves as a control on the use of force, including the use of guns, by the potential perpetrators of such acts, because it constitutes a deterrent to them. The more efficient the government is in apprehending the perpetrators of such acts and the more certain is their appropriate punishment, the greater is the deterrent, and thus the more effective is the implicit gun control.

“Our entire Constitution and Bill of Rights are essential measures of gun control — this time, gun control directed against the government. For example, the First Amendment prohibits the government from using its guns to abridge the freedoms of speech or press. The Second Amendment prohibits the government from using its guns to abridge the freedom of the citizen to keep and bear arms. Indirectly, the Second Amendment also operates to limit the government’s use of its guns to abridge freedom in general. This is because, in our system of checks and balances, an armed citizenry constitutes a check on the possibility of the government becoming tyrannical and attempting to use its power to threaten the citizens’ lives and property. It should be understood as protecting a balance between the power remaining in the hands of the people and the power they have delegated to their government. Indeed, the language of the Second Amendment, ‘A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed’ should be understood in this way.

“The average American of today is intellectually so far removed from his forebears that instead of regarding government with apprehension, he is more likely to regard it as a virtual parent, concerned only with protecting and helping him. Evil, he believes, can come only from uncontrolled private individuals, notably greedy businessmen and capitalists and, now and then, psychopaths. And in these cases, of course, the solution is believed to be still more government power — power to tax, regulate, and control the businessmen and capitalists to the point of extinction and power ultimately to deprive private individuals of the right to own guns.

“It simply doesn’t occur to many people nowadays that government could be the source not only of massive economic ills but of human deaths on a scale dwarfing the deaths caused by the worst individual psychopaths. The number of murders attributable to governments around the world in the 20th century, including those resulting from government-caused famines in places such as the Ukraine and Communist China, is estimated to exceed 260 million. Of this total, Communist China is responsible for more than 76 million, the Soviet Union for almost 62 million, and Nazi Germany for almost 21 million.”

Let’s return to Murray Rothbard. People who want guns to be “controlled” are usually upper-class “liberals” who don’t have to worry very much about crime in their neighborhoods. These laws shackle members of vulnerable minority groups from protecting themselves: “Gun prohibition is the brainchild of white middle-class liberals who are oblivious to the situation of poor and minority people living in areas where the police have given up on crime control. Such liberals weren’t upset about marijuana laws, either, in the fifties when the busts were confined to the ghettos. Secure in well-policed suburbs or high-security apartments guarded by Pinkertons (whom no one proposes to disarm), the oblivious liberal derides gun ownership as ‘an anachronism from the Old West.’”

Let’s do everything we can to defend our right to keep and bear arms!

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