Associate U.S. Supreme Court Justice Louis Brandeis once said:
"The greatest dangers to liberty lurk in insidious
encroachment by men of zeal, well-meaning but without
understanding."
Well, amen! How true. And a current example that proves, with a
vengeance, what Brandeis feared, is a bill (S.2099) introduced by U.S.
Senator Jack Reed (D-RI) which would, among other things, tax and
register our handguns.
His legislation would treat handguns much as machine guns:
(1) require the registration of handguns in the National Firearms
Registration and Transfer record;
(2) provide for the sharing of registration information with
Federal, State and local law enforcement agencies;
(3) provide for the imposition of the five dollar transfer tax on
handguns and a $50 tax on the making of each handgun.
To be sure, Reed is well-meaning and zealous. But, in an interview
with the Rhode Island Democrat, it becomes obvious that when it comes to
"gun control" and the Second Amendment to our Constitution, he
is without understanding. And this is why he is so dangerous to our
liberties. Following are some excerpts from the interview with Sen.
Reed:
Q: What evidence would you cite that any gun control law has ever
worked?
A: "Well, I think some evidence is the original Federal laws
that regulate the registration of machine guns, sawed-off shotguns and
silencers. There's not a proliferation of those weapons on our streets,
not anything compared to the handguns that are awash in the United
States.
"And there is no evidence that these weapons have been
confiscated arbitrarily. In fact, there are legitimate bona fide gun
owners that have these weapons and fire them regularly, as they are
registered. So, that's an example of one that works. The Brady
background check is...."
Q: OK. But, let's stop on this one. Is there a study you can refer me
to that shows the registration law you just mentioned actually reduced
crime?
A: "Uhhh, I think... we'll certainly look for a study. But I
would guess this is more on the order of observation and what's going
around. I mean, frankly, it is the rare exception when someone has an
automatic weapon, a machine-gun, really."
Q: But, do you know of any evidence that this registration law you
mention has reduced machine-gun crime? I didn't know there was a lot of
this.
A: "Well, back in 1930 was when the law was passed. This law has
been on the books for 60 years. I don't think most people realize that.
They assume that there's never been any registration of weapons at the
Federal level, that this is a bold and novel approach when in fact
Congress more than 60 years ago... simply said, 'This is a threat to the
public safety and we're going to stop it.'"
Q: You don't think Al Capone really obeyed that law do you?
A: "Uhhh, well, you know, if he didn't he would have gone to
jail on that as well as tax evasion."
Note: Several weeks after this interview, Reed's office failed to
produce any evidence that the anti-machine gun law he mentions had any
impact on the crime rate.
Q: Brady. You were going to mention the Brady Law.
A: "I think the Brady bill has shown a reduction in... I don't
know if you can make the correlation to a reduction in crime [which has
been reduced] because of difficult measures. But, what Brady has
uncovered is a number of felons who were trying to purchase weapons...
and they have been prevented from doing that. In that sense, it's been
successful."
Q: I press you on this gun control laws issue because my
pre-supposition is that behind all such laws is the desire to reduce
crime, reduce the illegal use of guns, right?
A: "The idea is to reduce violent gun crime."
Q: Yeah, that's what I mean.
A: "Yeah, yeah."
Q: The Journal of the American Medical Association has recently
published a detailed study which shows there is no evidence the Brady
Law has had any effect on gun crime, on homicides. Are you familiar with
this study?
A: "I'll become familiar with it. We've seen a decline in
violent crime...."
Q: Which started before Brady, actually.
A: "Yeah. And I would be the first to say that crime is not a
single factor phenomenon. It's a whole bunch of things. But, again, in
trying to be not as analytical and scientific, but just in terms of
human behavior, the ease of obtaining weapons is such that there's a
higher likelihood that something before, you know, a scuffle between
kids could escalate now to a shoot-out.
"A lot of this is anecdotal. But, up in Rhode Island, about a
year ago, two kids out rough-housing...."
Q: How old? What are you calling a kid?
A: "Sixteen or 17. They were rough-housing. Somebody's pride was
injured... somebody in the crowd, because of the ease of getting
handguns, kid pulls a gun out and shoots seriously injuring one
individual. And then [the shooter] takes his own life."
Q: I think anecdotes are important. They are real life. But, what law
would have stopped this?
A: "Well, I, you know...."
Q: I don't think any law would have stopped that.
A: "Well, no, I think... if there is a registration law -- if
someone gets a gun without registering it they're a criminal by
definition."
Q: But, criminals are not going to commit crimes with guns registered
in their own names.
A: "Well, but the point is, and one of the points of this
legislation (S. 2099) is that this will allow law enforcement officials
to better be able to trace weapons used by criminals in crime.
"And I think the proto-typical person that we all want to see
exercise their rights as Americans to... and one right is to own weapons
-- are homeowners, people who are recreational shooters or hunters,
those people will register their weapons, et cetera.
"But, frankly, if a police officer comes across a crime scene,
and there is a weapon, he now has a much faster and better way to trace
that weapon. Oh, and by the way, if he observes someone who is involved
in some type of criminal activity or probable cause to suspect, and the
weapon is not registered, that person is guilty of another crime."
Q: But, if we agree, as we did earlier, that gun-control laws are
supposed to stop crime, your supposed benefits of registration come
after a crime is committed. So what? So what if you find out who a gun
is registered to? I know of no evidence that registration has prevented
crime. Do you?
A: "The point is to have a system in which police can trace
weapons more quickly, that criminals... this raises the barrier for them
to get weapons. And then you have to make an assessment whether that's
high enough to deter all gun crime. Frankly, it would be naive to say
that. But, I...."
Q: But, when has a registration law ever reduced violent gun crime?
A: "Well, I would say the law we have on the books now on
registration has significantly limited access by criminals and other
people to machine guns, silencers, and sawed-off shotguns without
effecting the rights of law-abiding Americans to own these weapons. This
might be the only correlation you can safely make.
"Here's the scenario (re: S. 2099): This law passes and some
law-abiding American registers their handgun at home. There's a domestic
dispute and someone uses the weapon to hurt someone else.
"You would ask, 'Has this law stopped crime?' And I'd agree the
gun-crime was not stopped. But what it might have stopped... or at least
impeded... is someone stealing that gun and selling it to somebody else
and no one knowing any the wiser about it. Or someone breaking in and
taking the gun, et cetera. So, I mean, you know...."
Q: But, why would your registration law stop a thief from breaking in
and stealing a gun since the gun would not be registered in the name of
the thief? Why would a thief care about this?
A: "I think they'd care just like someone who goes in and steals
a car that is registered. There's a record of who owns that car and they
ain't the one who owns it."
Q: But, why would a criminal care if the gun he steals is registered
to someone else?
A: "[The gun] would be less easily disposable if there is a
registration system."
Q: But would a criminal really commit a crime with a gun registered
in his own name?
A: "Uh, but that might be another disincentive to committing the
crime. I mean, you have this theory that hardened criminals are going to
get weapons any way they can."
Q: Sure.
A: "Kill anybody they can, etc. And they'll never take into
consideration what the law is."
Q: Right. And that's why they are criminals! Because they don't care
what the law says!
A: "No, they do in fact consider how to get around the laws, how
to break them without getting caught. And frankly [registration] is
another way, like giving the police authority to register automobiles
and more of an ability to trace stolen vehicles and a sense that people
don't just casually borrow cars because, you know, it could have been
their's. No one knows."
Q: Your car-gun registration analogy is interesting. But, I wonder if
registration has actually deterred car theft since within hours after
many cars are stolen they are chopped up and sold for parts and/or they
are on a boat being shipped to Brazil.
A: "But, I think your premise is that no gun-control laws have
ever had any effect on crime or the level of violence in the
country."
Q: Exactly. But, the burden of proof is on those who argue that
gun-control laws have been effective.
A: "The burden of proof is on those who say we should do nothing
when 30,000 Americans die annually by gunfire... and in every other
industrial society in the world where they have much more stringent
gun-control laws you do not have this phenomenon of gun violence."
Q: Do you agree that under the Second Amendment individuals have the
right to keep and bear arms?
A: "In what, I mean... subject to regulation, yeah. Frankly, I
think there's a very strong argument that the Amendment as originally
constituted had to do about the arming of militias. But, at this point
in time, I think practice and custom and the history of the country
suggests that access to weapons by individuals is something that would
be Constitutionally protected. The question is: 'How can we regulate
that access?'"
Q: What would you say to someone who would say that what you are
advocating [in S. 2099] are the kinds of infringement the Second
Amendment prohibits? Aren't registration of and taxing of guns an
infringement on the Constitutional right to keep and bear arms?
A: "I would say no, not at all. In fact, history suggests that
we do it all the time. We've been...."
Q: Well, there's no doubt Congress has been violating our
Constitutional rights for a long time!
A: "I would suspect also that the courts have looked at this
question and consistently upheld these firearms laws, particularly the
registration law."
See what I mean? Sen. Jack Reed is without understanding. He has no
evidence that any "gun control" laws have ever worked. He's
obviously not familiar with the most detailed study which shows that
Brady has been a flop. Nor is he familiar with the rise in violent crime
in England following its gun ban.
He's introducing a law which clearly "infringes" on our
rights under the Second Amendment. But, he denies that taxing and
registering are infringements! The Senator is precisely the kind of
person Associate Justice Brandeis warned us about.