1760 lines
96 KiB
Plaintext
1760 lines
96 KiB
Plaintext
From: lvc@cblpf.att.com
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Newsgroups: info.firearms.politics
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Subject: The Case Against Gun Control
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Message-ID: <199212232235.AA01264@ux1.cso.uiuc.edu>
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Date: 23 Dec 92 21:34:52 GMT
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Sender: firearms-politics-Request@GODIVA.NECTAR.CS.CMU.EDU
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Lines: 1751
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This was posted to libernet by:
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whitaker@eternity.demon.co.uk (Russell E. Whitaker)
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23 December 1992
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The following piece was written in 1990 by David Botsford for
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the U.K.'s Libertarian Alliance. I have the electronic-medium
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publication rights for this publication, and have, until now,
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only released it for publication on AMiX, the American
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Information Exchange (amixinfo@markets.amix.com). It's still
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sold there, under various markets, selling for $5.
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However, given the extreme urgency of the fight against the
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anti-gunners, I am here releasing the piece on Usenet, free of
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charge. I, the other editors of the Libertarian Alliance, and
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David Botsford, *encourage* the widespread dissemination of this
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piece. All we ask is that you remember the efforts of the
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Libertarian Alliance.
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"An armed society is a polite society." -- Robert A. Heinlein
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Russell Earl Whitaker whitaker@eternity.demon.co.uk
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Communications Editor 71750.2413@compuserve.com
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EXTROPY: The Journal of Transhumanist Thought AMiX: RWHITAKER
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Board member, Extropy Institute (ExI)
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================ PGP 2.0 public key available =======================
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THE CASE AGAINST GUN CONTROL
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DAVID BOTSFORD
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Whoever controls the weapons makes the rules. Political power, that
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is, the power of one individual over another, rests partly on assent
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on the part of the ruled, whether through perceived self-interest
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or belief in the justice of the ruler's claim to power (or a combination
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of both), and partly on the capacity of the ruler to enforce his power
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over the subjugated by his control of more physical force than the
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latter. These factors are related: the majority of people throughout
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history either have not been in a position, or have not had the inclination,
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to make up their minds about abstract political ideas and then decide
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whether or not their current political arrangements suit these ideas;
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the very fact that the claim or assumption of power is made, backed
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up with sufficient capacity for violence to enforce it, is enough
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to make most people not only go along with the wishes of the ruler,
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but few will question the abstract legitimacy of his right to assert
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them. State power is a combination, in varying proportions, of violence,
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fraud, extortion and conspiracy to rob other people. In politics,
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unfortunately, might makes right, generally speaking. And neither
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is this true simply of conventional political relationships: psychologists
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record many cases of victims of terrorist hijackings falling in love
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with their captors, and in situations, such as the end of the American
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civil war, or the abolition of slavery in other countries, where slaves
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have suddenly been released from bondage, plentiful evidence exists
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that many ex-slaves were far from happy about their new situation.
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The same principle applies to situations where the individual is simply
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trying to preserve power over himself or herself, rather than impose
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it on someone else. Where the individual has the capacity, if necessary,
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to defend himself and his property by force, and to inflict injury
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or death on those attempting to violate them, that factor wiill always
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be present in the thinking of those seeking to exercise coercion over
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him, whether by political power or by more honest forms of robbery. While
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this capacity will by no means make anybody immune to such coercion,
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it will nonetheless be a limiting factor in what potential coercers
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will attempt to get away with.
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WEAPONS AND THE INDIVIDUAL
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This history of technology has, in general, been partly one of continuous
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enhancements in the power of the individual (interrupted by various
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Dark Ages and relatively static periods), and partly one of attempts
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by those in power to restrict the spread of such improvements: for
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centuries after the invention of printing, Church and state authorities
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attempted to restrict the spread of both printing presses and printed
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books. Many inventions have been used both for the benefit of individuals,
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and for state control over individuals. Barbed wire greatly assisted
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the farming of cattle, and also made possible the development of concentration
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camps. With the early spread of computers in the 1950s and 1960s,
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fears were expressed that they would facilitate totalitarian controls
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by the state over the individual: in fact, while such fears have proved
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far from groundless, more significant is the use of personal computers
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in setting up alternative networks of information which have helped
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to undermine totalitarianism, particularly in the Soviet bloc.
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Nowhere is this dichotomy clearer than in the field of weaponry. Throughout
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most of history the technology of weaponry made it rather difficult
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for the individual effectively to defend himself against more powerful
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enemies. This led to political dependence on somebody else. In Europe
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in the early middle ages, for instance, the development of feudalism
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meant that the peasantry lost what individual autonomy they had: unable
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effectively to defend themselves against invading barbarians, the
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peasant had to accept an arrangement with a local lord whereby he
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became the latter's vassal in return for protection. The lord was
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rich enough to pay for the castle and knights which were able to defeat
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the barbarian raiders; this capacity, and the political arrangements
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consequent on it, gave him in most cases virtually the power of life
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and death over his villeins and serfs. While feudalism varied greatly
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from place to place, control over effective weaponry clearly reflected
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political power. In 1215, the barons of England, each with their
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own feudal armies, succeeded in forcing King John to sign Magna Carta
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because they had the military power to do so when the king was temporarily
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unable to finance sufficient forces to resist them. In 1381, by contrast,
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the great uprising against prices and incomes policy and poll tax
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known as the Peasants' Revolt (but actually lead by merchants, craftsmen,
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clerics and townspeople) was tricked and then brutally repressed by
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the royal authorities because, according to a contemporary source,
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"some carried only sticks, some swords covered with rust, some
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merely axes and others bows more reddened with age and smoke than
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old ivory, many of their arrows had only one plume."1
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The development of gunpowder, artillery and other firearms brought
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about a changed situation. On the one hand, the king was able to
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destroy the power of local barons and establish a centralised monarchy
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in which his power was exercised throughout his realm, as only he
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could afford the huge cost of armies equipped with artillery, which
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could destroy the barons' castles' walls, if they failed to submit
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to the king's wishes. On the other hand, the development of small
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arms made it increasingly possible for the ordinary individual to
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provide for his own defence, either alone or in concert with others. The
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introduction of repeating rifles and revolvers in the 19th century
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marked one of the most important technological revolutions in history
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in this respect. Before the introduction of small firearms, the individual
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armed with a sword, axe or pike would stand little chance against
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a group of marauders similarly armed; the bow took years of practice
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to master, and even an expert bowman could almost never prevail against
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a number of similarly-armed enemies, who could strike him down as
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he notched another arrow. Even the musket had a lengthy and complicated
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reloading procedure, during which its possessor was vulnerable, and
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could be rendered ineffective if rain extinguished the fuse. Another
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problem was that early muskets and pistols could only be produced
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expensively by hand, thus restricting the number of people who could
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afford to buy them: the many fine specimens with intricate silverwork
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that we see in museums were specially made by gunsmiths for wealthy
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customers; the more plain ones were generally for the use of soldiers
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in royal armies.
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But the repeating rifle and revolver enabled the user to fire several
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shots in succession without having to reload; the chances of a skilled
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marksman against several enemies were greatly improved. These could
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also be mass-produced in factories at very low cost, bringing them
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within the reach of almost everybody. The individual armed with these
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weapons, and practised in their use, therefore achieved considerable
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autonomy in terms of the defence of his own life and property. One
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political implication of this was that, since political authority,
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whether that of the feudal master or the modern state, had rested
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largely on the claim that the powerful were protecting the powerless,
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who in return owed the powerful (whether an individual monarch or
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noble or an idea, such as "state", "nation" or "society")
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allegiance, the scope of this authority could therefore be reduced
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to the extent that the previously powerless were now able to defend
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themselves. In response to this situation the state sought to restrict
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private ownership of weapons and establish a monopoly of legal force
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within society, in order to reinforce and increase its own power. Indeed,
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if the state could convey the illusion that the private ownership
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of weapons, and the willingness of individuals to use these weapons
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to defend themselves if necessary, was itself a "threat to society"
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of some sort, for example by associating it with the use of weapons
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in robbery and murder, then this progressive technological development
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could be used as a justification for even further extending state
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power at the expense of individual liberty. Not only would the individual
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be made dependent on whatever the state may or may not effectively
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provide for his protection against aggressors, but he would be incapable
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of self-defence if the state itself should become the aggressor.
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POLICE MONOPOLY
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This, of course, describes the situation in Britain today. Britain
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has by far the strictest controls on the private ownership of firearms
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and other weapons of any western country, and the smallest distribution
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of (legally-held) firearms. During unrest in Soviet Georgia early
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in 1989, in the course of which 21 demonstrators were shot dead in
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Tbilisi by the Soviet authorities, one measure introduced by the regime
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to put down the protests was the seizure of all privately owned firearms
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in Georgia. The number seized proved to be almost exactly the proportion
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of legally-held firearms per head as those owned by the British population.
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It is a sobering thought to anyone who has noticed how short and insecure
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in history are the periods of relative freedom compared to the periods
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of oppression that the British people would be in no better position
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to defend themselves from any future tyranny imposed by a British
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government than are the oppressed people of Georgia.
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Indeed, we are not even allowed adequately to defend ourselves from
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violent assault by individual aggressors. In 1987 Eric Butler, aged
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55, who had been entirely law-abiding throughout his life and who
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was, among other charitable activities, a fund-raiser for the Royal
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National Lifeboat Institute, was assaulted on the London Underground
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by a gang of drunken young men. Evidently motived by entertainment
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rather than material gain, the youths first punched, strangled and
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kicked Mr Butler, then held him against the door of the train and
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repeatedly punched him and pushed his head hard against it. He succeeded,
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however, in drawing a sword-stick which he carried with him and wounding
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one of his assailants in the stomach (the attacker ended up in hospital
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for several days), thereby breaking free. At the next station he
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immediately informed the police, who proceeded to arrest Mr Butler
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and charge him with carrying an offensive weapon and causing grievous
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bodily harm, while releasing the two attackers. Mr Butler was fined,
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thereby gaining him a criminal record, and his sword-stick was confiscated.
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After a public outcry, two of the attackers were eventually charged with
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assault and themselves fined.
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The individual is expected to rely exclusively on the police for protection,
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and to use no force against attackers beyond what is officially considered
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the level of force being used against him (or her). Neither may the
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individual attack or even warn off a burglar with any form of weapon. In
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1987 John O'Connell, aged 40, a south London grocer, whose shop had
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been burgled seven times in just over a month, kept watch at night
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in his cellar and attacked the eighth burglar with a piece of lead
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piping which broke his jaw: the burglar spent two weeks in hospital. When
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he called the police Mr O'Connell himself was arrested and tried for
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grievous bodily harm! Fortunately the jury acquitted him, and it
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was reported that he had not been raided since (although neighbouring
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properties had been hit as hard as ever). What is instructive is
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what the burglar, who was given a sentence of 80 hours' community
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service for four burglaries (in practice gardening and other activities
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many people do as a hobby), said after the trial:
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"Good luck to him. I don't blame him at all, but I just
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wish he had not hit me so hard. I know he had to protect his property,
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and I probably would have done the same thing in his position. This
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has certainly stopped me committing any more crime."2
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A burglar, in other words, accepts his victim's right to self-defence
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far more than does the law of the land! If all victims of burglary
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and other crimes were legally allowed to defend themselves with effective
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weapons, including firearms, a large number of other criminals would
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be stopped from committing any more crimes.3
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A recent Government Statistical Office survey reveals that the official
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clear-up rate for burglary throughout the country is 26.9%; robbery
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20.9% and criminal damage 22.1%.4 This does not, of course, mean
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that the victim will get any of his property back, even if the case
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is solved, but demonstrates the low efficiency of the monopoly police
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service which the taxpayer is forced to pay for, and which will be
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used against him if he attampts to provide for his own protection. On
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17 July 1989 Douglas Hurd, the Home Secretary, admitted that in the
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London area seven out of every ten reported crimes (outside certain
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"serious" categories) are ignored by the Metropolitan Police
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as a matter of policy, with "non-aggravated" burglary and
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car break-ins top of the list of offences to be ignored. The individual
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is, in short, unilaterally disarmed by law against potential attackers
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and robbers.
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What is striking, in examining the history of weapons ownership control
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in England, is how recently this situation has developed, and what
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a striking departure from historical practice it represents.
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THE HISTORY OF WEAPONS CONTROL
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In examining the history of weapon controls in England, a distinction
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should be made between the private ownership of weapons by individuals,
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and the use of weapons by the militia system, which was the main method
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of law enforcement in England throughout most of its history. From
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Anglo-Saxon times onwards, individuals were enrolled in groups of
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about ten families called tythings, which were responsible for local
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law enforcement, and, where necessary, for the defence of the realm,
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as there was no police force or standing army. Every freeman had
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a duty to keep arms in order to carry out these functions. The Assize
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of Arms (1181) detailed the type of weapons to be kept by persons
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of various ranks. The Statute of Winchester (1285) commanded
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"that every man have in his house Harness for to keep
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the Peace after the ancient Assize; that is to say every man between
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fifteen years of age and sixty years shall be assessed and sworn to
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armour according to the quality of their lands and goods."5
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The spread of firearms in the early 16th century, then regarded as
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inefficient novelties, caused concern about armed crime and the neglect
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of archery, and in 1541 Henry VIII forbade the use of "crossbows,
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handguns, hagbutts and demy-Hakes" by anybody with an income of
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under UKP 100 a year. Even this latter class were to have handguns
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"not less than three quarters of one whole yard in length".6 However,
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exceptions to this law permitted the use of such weapons by the inhabitants
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of towns "for shooting at butts or banks of earth" and by
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anyone to defend a house outside the limits of a town.
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In 1671, in order to reserve game for the wealthy, Charles II enacted
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that any person without an annual income of over UKP 100 (except
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those of or above the rank of esquire and owners and keepers of forests)
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were not allowed to keep any gun, bow, greyhound, setting dog or long
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dog. Neither of these laws, however, affected either the duty to
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keep arms under the militia system, or the right to private ownership
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of other weapons (principally pikes for the lower orders by 1671).
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The Roman Catholic king, James II, however, violated these traditional
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rights, among others, by dismissing many Protestants from the militia
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and prohibiting them from owning weapons. When William of Orange
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overthrew James in 1688, parliament presented him with the Bill of
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Rights, which complained that James did "endeavour to subvert
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and extirpate the laws and liberties of the Kingdom" in thirteen
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ways; the sixth of these was that James had
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"Caused several good subjects, being protestants, to
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be disarmed at the same time when papists were both armed and imployed,
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contrary to law."
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Claiming that they were asserting no new rights, parliament declared
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"that the subjects which are protestants may have arms for their
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defence, suitable to their condition and as allowed by law".7 The
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Bill, which was accepted into law by William and Mary, did not seek
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to disarm Roman Catholics, but to end discrimination against Protestants
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in arming themselves.
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Sir William Blackstone's /Commentaries on the Laws of England/,
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first published in 1765, is a study of common law rights and the (unwritten)
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constitution which is still regarded as the definitive statement of
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the common law at that time. Blackstone wrote:
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"The fifth and last auxiliary right of the subject, that
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I shall mention at present, is that of having arms for their defence,
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suitable to their condition and degree, and such as are allowed by
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law. Which is also declared by the same Statute I W & M St 2 c2 and
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it is indeed a public allowance under due restrictions of the natural
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right of resistance and self preservation, when the sanctions of society
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and laws are found insufficient to restrain the violence of oppression
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...
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"And we have seen that these rights consist, primarily,
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in the free enjoyment of personal security, of personal liberty and
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of private property. So long as these rights remain inviolate, the
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subject is perfectly free; for every species of compulsive tyranny
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and oppression must act in opposition to one or other of these rights,
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having no other object upon which it can possibly be employed ... And,
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lastly, to vindicate these rights, when actually violated and attacked,
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the subjects of England are entitled, in the first place, to the regular
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administration and free course of justice in the courts of law; next
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to the right of petitioning the king and parliament for redress of
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grievances; and, lastly to the right of having and using arms for
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self preservation and defence. And all these rights and liberties
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it is our birthright to enjoy entire; unless where the laws of our
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country have laid them under necessary restraints; restraints in themselves
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so gentle and moderate, as will appear upon further enquiry, that
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no man of sense or probity would wish to see them slackened."8
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A comparison between this view and current official attitudes to the
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desire of individuals to provide for their own defence gives a good
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idea of the decline of liberty in this country over the past two centuries.
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The right to possess arms was vigourously defended and upheld by
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parliamentarians throughout the 19th century.
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Following the industrial unrest of the 1810s, when the government
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believed a revolution was brewing, the repressive administration of
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Lord Liverpool introduced the Seizure of Arms Act 1820, which authorised
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a Justice of the Peace, on the oath of a credible witness, to issue
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a warrant to enter any place to search for
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"Any pike, pike head or spear in the possession of any
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person or in any house or place; or any dirk, dagger, pistol or gun
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or other weapon which, for any purpose dangerous to the peace is in
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the possession of any person or in any house or place."9
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Weapons seized were to be detained unless the owner satisfied a JP
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that they were not kept for a purpose dangerous to the peace. Although
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the Act applied only to the industrial areas affected by disturbances
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(Lancashire, the West Riding of Yorkshire, Warwickshire, Staffordshire,
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Nottinghamshire, Cumberland, Westmoreland, Northumberland, Durham,
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Renfrewshire and Lanarkshire, and the cities of Newcastle-upon-Tyne,
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Nottingham and Coventry), and was limited to two years, several members
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of Parliament objected to the infringement of liberty the Bill entailed.
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George Bennet protested that the distinctive difference between a
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free man and a slave was the right to possess arms, not so much to
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defend his property as his liberty. Neither could he do battle, if
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deprived of arms, in the hour of danger. T. W. Anson protested that
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the principles and temper of the Bill were
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"so much at variance will the free spirit of our venerated
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constitution and so contrary to the undoubted right which the subjects
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of this country have ever possessed - the right of retaining arms
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for the defence of themselves, their families and properties that
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I cannot look upon it without loudly expressing my disapprobation
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and regret."10
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George Canning, a senior minister (and later Prime Minister) replied:
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"I am perfectly willing to admit the right of the subject
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to hold arms according to the principles laid down by the Honourable
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and Learned Gentleman, having stated it on the authority of Mr Justice
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Blackstone. The doctrine so laid down, I am willing to admit, is
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no other than the doctrine of the British Constitution. The Bill
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of Rights, correctly quoted and propery construed, brings me to the
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construction of the Bill which, in fact, recognises the right of the
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subject to have arms, but qualifies that right in such a manner as
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the necessity of the case requires."11
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The Gun Licences Act 1870 required that, with certain exceptions,
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any person carrying or using a gun elsewhere than in or within the
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curtilege of a dwelling-house should pay a revenue fee of 10 shillings.
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This was purely an excise measure, with no intent of controlling firearms:
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licences were available without question at any post office. Nonetheless,
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in committee P. A. Taylor condemned the Bill as "an attempt to
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bring our laws and cunstoms into harmony those of the most despotic
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Continental Governments - it is an attempt to disarm the people!"12
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It should be noted that during the 19th century, when British people
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were completely free to arm themselves, although the population grew
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to several times its original size (from 11 million in 1801 to 41
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million in 1911), the crime rate fell not only in relative but also
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in absolute terms. Nonetheless, the final decades of the 19th century
|
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saw a marked increase in the control by the state over the life of
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the people in many fields, and demands were increasingly put forward
|
|
for various measures of gun control. A leader in the /Daily Telegraph/
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of 5 November 1888, for instance, argued that
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"We can conceive instances in which it is justifiable,
|
|
or at least excusable, for civilians to have revolvers in their dwellings
|
|
... The carrying of a revolver on the person is quite another matter;
|
|
and it is distinctly a cowardly, bloodthirsty, and un-English habit
|
|
...
|
|
"Let the proprietors of revolvers be registered and let
|
|
no person be placed on the register until he can show his right to
|
|
possess such a weapon, which should be numbered, and let infraction
|
|
of the law be made a misdemeanour punishable by fine and imprisonment."13
|
|
|
|
In this new mood, the government introduced the Pistols Bill 1893,
|
|
which sought to impose restrictions on pistol sales and use, but the
|
|
Bill was defeated. C. H. Hopwood objected that
|
|
|
|
"It attacked the natural right of everyone who desired
|
|
to arm himself for his own protection, and not harm anyone else."14
|
|
|
|
In 1895 a private member's bill which sought similar restrictions
|
|
was again defeated, the same Hopwood arguing that
|
|
|
|
"To say that because there were some persons who would
|
|
make violent use of pistols, therefore the right of purchase or possession
|
|
by every Englishman should be taken away is monstrous."15
|
|
|
|
Colin Greenwood, former Chief Inspector of the West Yorkshire Constabulary
|
|
and now editor of /Guns Review/, in his definitive study /Firearms
|
|
Control/ summarises the legal situation with regard to firearms
|
|
in 1900:
|
|
|
|
"England entered the twentieth century with no controls
|
|
over the purchasing or keeping of any types of firearm, and the only
|
|
measure which related to the carrying of guns was the Gun Licence
|
|
Act, requiring the purchase of a ten shilling gun licence from a Post
|
|
Office. Anyone, be he convicted criminal, lunatic, drankard or child,
|
|
could legally acquire any type of firearm and the presence of pistols
|
|
and revolvers in households all over the country was fairly widespread
|
|
...
|
|
"... guns of every type were familiar instruments and
|
|
... anyone who feld the need or desire to own a gun could obtain one. The
|
|
cheaper guns were very cheap and well within the reach of all but
|
|
the very poor ... the right of the Englishman to keep arms for his
|
|
own defence was still completely accepted and all attempts at placing
|
|
this under restraint had failed."16
|
|
|
|
|
|
GUN CONTROL IN OUR TIME
|
|
|
|
The Pistols Act 1903 introduced the first restriction on retail firearms
|
|
sales, albeit an apparently mild one. It made unlawful the retail
|
|
sale or hire of a pistol unless the purchaser either held a gun licence
|
|
under the Gun Licences Act 1870, or proved that he was a householder
|
|
seeking to use the pistol in, or within the curtilege of his own house,
|
|
or produced a signed declaration from a magistrate or police inspector
|
|
that he was about to go abroad for at least six months. More significantly,
|
|
it was made unlawful for persons under 18 to buy, hire, use or carry
|
|
a pistol, and for anyone to sell or deliver a pistol to a person under
|
|
18, or knowingly to sell a pistol to anyone intoxicated or of unsound
|
|
mind. Also, retailers were required to maintain full records of all
|
|
pistols sold, and show these on demand to a police or revenue officer.
|
|
This could have little practical effect on retail sails to adults, as a
|
|
gun licence was available on demand to anyone for 10 shillings, and
|
|
no restriction was placed on private sales or gifts between individuals.
|
|
Nonetheless it removed the freedom of a large group of British subjects
|
|
- - those under 18 - to arm themselves with pistols, and also subjected the
|
|
right of everybody else under the control of statutory legislation,
|
|
however apparently innocuous, for the first time. Although other
|
|
firearms were not affected, this was a dangerous precedent, in that
|
|
when, in a more intolerant atmosphere, the state sought further restrictions
|
|
on firearms, and these were objected to, it could point to the existence
|
|
of the Act as justification for the principle of further statutory
|
|
controls.
|
|
|
|
Such an atmosphere emerged with the First World War and its revolutionary
|
|
aftermath. In 1918 the Sub-committee on Arms Traffic saw the vast
|
|
quantities of surplus weapons that would come onto international markets
|
|
after the war as a possible threat to the British Empire, both from
|
|
"Savage or semi-civilised tribesmen in outlying parts of the British
|
|
Empire" and
|
|
|
|
"The anarchist or `intellectual' malcontent of the great
|
|
cities, whose weapon is the bomb and the automatic pistol. There
|
|
is some force in the view that the latter will in future prove the
|
|
more dangerous of the two."17
|
|
|
|
It is important to stress that the government was not seeking to disarm
|
|
the broad mass of responsible British people. Indeed, at the end
|
|
of the war the government gave away nearly all its huge stockpile
|
|
of captured German weapons to individuals who had contributed to the
|
|
war savings scheme. Each person who had given a small amount received
|
|
a rifle; those who had given more received a machine-gun; and those
|
|
who have given particularly large donations were given a piece of
|
|
German field artillery each!18
|
|
|
|
The Firearms Act 1920 introduced major firearms control for the first
|
|
time in British history, although in theory it did not extinguish
|
|
the right to keep arms to defend the person and household. Under
|
|
Section 1, with certain exemptions, an individual could only purchase
|
|
or possess a firearm or ammunition if he held a firearms certificate,
|
|
valid for three years and renewable for three-year periods, which
|
|
"shall be granted by the Chief Officer of Police" in the applicant's
|
|
district, if the applicant had "good reason for requiring such
|
|
a certificate"; could be permitted to possess, use and carry a
|
|
firearm without endangering public safety; and on payment of a fee. The
|
|
Chief Officer was to deny a certificate to anyone he considered "unfitted
|
|
to be entrusted with firearms". The certificate, which was to
|
|
be shown on demand to a police officer or magistrate, would list the
|
|
number and nature of the firearms. Section 2 introduced the registration
|
|
of firearms dealers; trade in firearms was restricted to those who
|
|
registered with the local Chief Officer of Police; registration could
|
|
be refused if the police believed the dealer "Could not be permitted
|
|
to carry on business without danger to the public safety or the peace."19
|
|
It was made an offence to supply a firearm to persons under 14, persons
|
|
drunk or of unsound mind, or certain convicted persons for specified
|
|
periods. The Act also introduced the concept of "prohibited weapons",
|
|
which means any "designed for the discharge of any noxious liquid,
|
|
gas or other thing". (One result of this section of the Act is
|
|
that anti-mugging aerosol cans which discharge CS or Mace gas in the
|
|
face of an attacker without doing him permanent harm - and would thus
|
|
be ideal for those who wish to defend themselves without risking killing
|
|
anyone - are illegal.) In parliamentary discussion of the bill, Mr
|
|
Kiley objected that a burglar seeking firearms could easily burgle
|
|
a place where they were stocked and steal them wholesale.
|
|
|
|
"While it achieves no useful purpose, so far as I can
|
|
see, it does interfere with legitimate traders. So far as burglars
|
|
are concerned it will have no effect."
|
|
|
|
Only Lt-Commander Kenworthy objected on constitutional grounds, pointing
|
|
out that there was
|
|
|
|
"... a much greater principle involved than the mere
|
|
prevention of discharged prisoners having weapons. In the past one
|
|
of the most jealously guarded rights of the English was that of carrying
|
|
arms. For long our people fought with great tenacity for the right
|
|
of carrying the weapon of the day, the sword, and it was only in recent
|
|
times that it was given up. It has been a well known object of the
|
|
Central Government of this Country to deprive the people of their
|
|
weapons."20
|
|
|
|
Nonetheless the Bill became law. It should be noted that the 1920
|
|
Act was never intended as a measure against the ordinary criminal
|
|
use of firearms, and did not prevent it. Nonetheless, it was typical
|
|
of the slap-dash and superficial treatment of British firearms legislation
|
|
this century that in 1934 the Bodkin Committee assumed, presumably
|
|
without examining the background to the 1920 Act, that that had been
|
|
its purpose, and regarded the well-publicised (though not much increased)
|
|
criminal use of firearms as evidence that further restrictions were
|
|
necessary. The Committee recommended, along with several minor changes,
|
|
the classification of machine-guns as "prohibited weapons",
|
|
and the law was updated in the Firearms Act 1937.
|
|
|
|
During the Second World War, the government, which was short of small
|
|
arms, repeatedly appealed to the public to offer privately-owned firearms
|
|
for sale, and thousands were bought in this way. At the end of the
|
|
war, despite prohibition from military authorities, thousands of servicemen
|
|
brought home weapons as souvenirs. In 1946, under a six-week amnesty
|
|
(under which illegal weapons could be surrendered without fear of
|
|
prosecution), 75,000 illegal weapons were handed in, including 59,000
|
|
pistols and 1,580 machine-guns. In October 1946 the Home Secretary
|
|
went further than previous legislation in controlling private arms
|
|
when he said:
|
|
|
|
"I would not regard the plea that a revolver is wanted
|
|
for the protection of an applicant's person or property as necessarily
|
|
justifying the issue of a firearm certificate."21
|
|
|
|
The legislation of the 1960s, which gave Britain the strictest firearms
|
|
control in the western world, was in Greenwood's view the result partly
|
|
of a political trade-off with the abolition of the death penalty,
|
|
partly based on ignorance of facts and misinterpretation of data connected
|
|
with firearms and crime. In 1965 the government was seeking to abolish
|
|
the death penalty, a step strongly opposed by public opinion and many
|
|
MPs. At that time, a number of well-publicised robberies and murders,
|
|
committed with firearms, had taken place (although the statistical
|
|
incidence of such offences was no higher than in the late 1940s). As
|
|
a concession, in order to be seen to be "cracking down on crime"
|
|
and thus obtain support for the Murder (Abolition of the Death Penalty)
|
|
Bill, and also fearing an increase in armed crime after the passage
|
|
of that Bill, the government very hastily introduced the Firearms
|
|
Act. As well as minor further restrictions, this introduced the offence
|
|
of carrying firearms with intent to commit an offence; further restricted
|
|
carrying firearms in public; extended the powers of the police to
|
|
require that weapons be handed over for inspection, search persons
|
|
and vehicles suspected of carrying arms, and to arrest without warrant;
|
|
and drastically increased the penalties provided in the 1937 Act. The
|
|
police were empowered to impose conditions on registered firearms
|
|
dealers, and for the first time those who dealt in shotguns were required
|
|
to be registered, and to keep records of all transactions.
|
|
|
|
In an incident in August 1966 three policemen were murdered in London
|
|
by a criminal gang using pistols. Massive protests from the public,
|
|
the Police Federation and other bodies demanded the return of the
|
|
death penalty for murder, arguing that the criminals would not have
|
|
killed the officers if it was still in force. Roy Jenkins, the Home
|
|
Secretary promised new restrictions on firearms in order to head off
|
|
this pressure and avoid restoring the death penalty. In the important
|
|
Criminal Justice Act 1967, which brought about a major overhaul of
|
|
the criminal justice system, Mr Jenkins introduced, in Part V, a system
|
|
in which, for the first time, persons had to obtain a licence before
|
|
acquiring a shotgun. In the Lords discussion of the bill, Lord Mansfield
|
|
described the first parts of the Bill as the "Criminal Justice
|
|
(Encouragement of Evildoers) Bill" and Part V as the "Criminal
|
|
Injustice (Harassment of Citizens) Bill". Lord Stonham, Under-Sectretary
|
|
of State at the Home Office, admitted that
|
|
|
|
"Of course a determined criminal can get one [a shotgun]
|
|
illegally, as he can get a pistol despite the 1937 Firearms Regulations,
|
|
stringent though they are. Of course he can; and this Bill will not
|
|
stop a determined criminal from getting a shotgun."22
|
|
|
|
Nonetheless the Bill became law, and all the legislation relating
|
|
to firearms was amalgamated into the Firearms Act 1968. Even the
|
|
more powerful air weapons were brought under firearms control legislation
|
|
with the Firearms (Dangerous Air Weapons) Rules 1969, although there
|
|
was not a single incident in which an air-gun had been used in a crime,
|
|
making a mockery of the number of police man-hours required to process
|
|
the paperwork relating to them.
|
|
|
|
In 1972, in the only academic study ever made of British firearms
|
|
legislation and its effects, Greenwood showed that none of the legislation
|
|
had been based on proper research, and that all if it had been a complete
|
|
failure in controlling the criminal use of firearms, which had increased
|
|
- - often dramatically - after every act of firearms control.
|
|
|
|
"The use of firearms in crime was very much less when
|
|
there were no controls of any sort and when anyone, convicted criminal
|
|
or lunatic, could buy any type of firearm without restriction. Half
|
|
a century of strict controls on pistols has ended, perversely, with
|
|
a far greater use of this class of weapon in crime than ever before."23
|
|
|
|
He compared the use of (strictly controlled) firearms with that of
|
|
shotguns (uncontrolled until 1968) in robberies in the following tables
|
|
and concluded that "despite the fact that they were unrestricted
|
|
until 1968, shotguns were used in only a relatively low proportion
|
|
in the periods immediately before and after the imposition of controls."24 An
|
|
armed robber's choice of weapon for any particular "job", in other words,
|
|
is based on what he considers the most appropriate weapon, and not the
|
|
legal restrictions on it.
|
|
|
|
On the elaborate licensing system established by the legislation,
|
|
he concluded that
|
|
|
|
"The voluminous records so produced appear to serve no
|
|
useful purpose. In none of the cases examined in this study was the
|
|
existence of these records of any assistance in detecting a crime
|
|
and no one questioned during the course of the study could offer any
|
|
evidence to establish the value of the system of registering weapons
|
|
... it should surely be for the proponents of the system of registration
|
|
to establish its value. If they fail to do so, the system should be
|
|
abandoned."27
|
|
|
|
|
|
THE HUNGERFORD MASSACRE
|
|
|
|
Nonetheless, Greenwood's conclusions had no apparent effect on official
|
|
attitudes towards firearms legislation. In August 1987 Michael Ryan
|
|
murdered 16 people and wounded another 14 in a few hours in the town
|
|
of Hungerford with a legally-owned semi-automatic rifle, one of five
|
|
legally-owned firearms he possessed (along with two illegally-owned,
|
|
indeed "prohibited", sub-machine guns), before committing
|
|
suicide. The government's response was to introduce still further
|
|
restrictions with the Firearms (Amendment) Act 1988. An informed
|
|
person, however, would make three observations about this appalling
|
|
mass murder.
|
|
|
|
First, it was proof that the most restrictive system of firearms control
|
|
and registration in the western world had failed /legally/ to
|
|
deprive of firearms exactly the sort of person it was supposed to
|
|
deny them to, demonstrating the sheer futility of such restrictions. As
|
|
the government's White Paper, published shortly after the massacre,
|
|
admitted:
|
|
|
|
"... legislation cannot offer a guarantee against the
|
|
repetition of the tragic events of Hungerford. It cannot eradicate
|
|
entirely the possibility of the abuse of legitimately held firearms
|
|
by an unstable or criminal individual."27
|
|
|
|
Second, even if Ryan had been refused firearms certificates, or if
|
|
there had been a total ban on the private ownership of firearms, he
|
|
could still have carried out the massacre with the two sub-machine
|
|
guns he owned, in spite of the fact that they were "prohibited
|
|
weapons" and illegal for any private citizen to possess without
|
|
written permission from the Home Secretary, which simply is not given.
|
|
|
|
Third, the restrictiveness of the system deterred the large majority
|
|
of law-abiding citizens from seeking to obtain firearms certificates
|
|
and thus be allowed to own and become proficient with firearms; a
|
|
potential maniac like Ryan who would use guns for mass murder would
|
|
persevere through the bureaucracy and obtain a certificate (or else
|
|
buy from the huge illegal market in firearms). The result was that
|
|
the people of Hungerford were unilaterally disarmed against Ryan,
|
|
who could shoot them down at will.
|
|
|
|
Had there been a large proportion of law-abiding Hungerford people
|
|
who owned guns and knew how to use them, they could have shot down
|
|
Ryan at an early stage in his rampage. As it was, they had to wait
|
|
until the police realised what was happening, obtained and deployed
|
|
police marksmen, located Ryan and surrounded him - all of which took
|
|
several hours in which lives could otherwise have been saved. This
|
|
should be compared with a similar tragedy in a rural area in western
|
|
France in July 1989, in which a man armed with a sporting rifle murdered
|
|
14 people, again without motive, before being brought down (but not
|
|
killed) by police fire. The ownership and use of long guns is widespread
|
|
in rural France, and a local man armed with a rifle succeeded in hitting
|
|
and wounding the murderer during the rampage.
|
|
|
|
The British government, however, learnt none of these lessons. The
|
|
Firearms (Amendment) Act 1988 simply introduced further restrictions
|
|
along the lines of previous legislation. Along with other minor restrictions,
|
|
semi-automatic weapons were classified as prohibited weapons, although
|
|
for the first time compensation was paid to owners of them when they
|
|
were surrendered: this category includes many pump-action and self-loading
|
|
rifles, some models dating from 1882. The more powerful shotguns
|
|
were brought to the same rigid level of control as pistols and rifles,
|
|
requiring a firearms certificate. All shotguns had to be individually
|
|
registered, ending the practice of holding several on one licence. The
|
|
police were empowered to refuse a shotgun licence if they were not
|
|
satisfied that the applicant had "good reason" for possessing
|
|
a shotgun. The practice of converting a weapon to place it in a less
|
|
strictly controlled category was outlawed. The penalties for violating
|
|
the new shotgun legislation were increased drastically. In 1975 Douglas
|
|
Hurd, later Home Secretary, was fined UKP 5 for possessing a shotgun
|
|
without a certificate (he had forgotten to renew his certificate);
|
|
under the 1988 Act the maximum possible penalty was increased to three
|
|
years' imprisonment.
|
|
|
|
Such is the law as it stands at present, and it is interpreted in
|
|
a strict manner by the police and Home Office authorities. It has
|
|
been official Home Office policy continually to reduce the number
|
|
of legally-owned firearms, and this is reflected in the number of
|
|
certificates (on which details of each firearm, and purposes for which
|
|
it may be used, are included) held by members of the public: in 1969
|
|
there were 216,281 firearms certificates held by private individuals;
|
|
in 1986 the figure was 160,285. A less harsh view was taken of shotgun
|
|
certificates during this period (before the 1988 Act): in 1969 637,108
|
|
people were licensed shotgun owners (i.e. permitted to own any number
|
|
of shotguns); in 1986 there were 840,951. Virtually all these certificate
|
|
holders are either members of gun clubs (for target shooting), people
|
|
who engage in hunting game for sport, or farmers (for the control
|
|
of vermin). Government and Home Office policy is that self-defence
|
|
is not considered a good reason for requiring a firearm or shotgun
|
|
certificate, although this is not written in any law, and is a purely
|
|
bureaucratic decision. The attitude of the police has varied from
|
|
one place to another, with some chief officers of police openly taking
|
|
the view that the law should prohibit even sporting firearms. The
|
|
following remarkable piece of logic is from Ken Sloan, legal editor
|
|
of /Police Review/, in 1987, rather than a Chief Constable, but
|
|
is not atypical of some of the opinions of the latter:
|
|
|
|
"My personal view of this is that anyone wishing to possess
|
|
an automatic or semi-automatic weapon such as a Kalashnikov or M1
|
|
carbine, must be of unsound mind or unfitted to be entrusted with
|
|
such a firearm."29
|
|
|
|
How many firearms are in illegal ownership in Britain? In the /Police
|
|
Review/ of 7 January 1988, Michael Yardley, one of Britain's leading
|
|
experts on firearms, estimated the figure at a remarkable 4 million.30 Some
|
|
indication of the size of the stockpile of illegally-owned weaponry
|
|
is given by the number of firearms handed in during amnesties, in
|
|
which the police encourage the public to hand in uncertified weapons
|
|
for a period of several weeks, with no questions asked.
|
|
|
|
Firearms surrendered in England and Wales under amnesties
|
|
since 1933:
|
|
|
|
1933 16,409
|
|
1935 8,469
|
|
1937 14,000
|
|
1946 76,000
|
|
1961 70,000
|
|
1965 41,000
|
|
1968 25,088
|
|
1988 42,725
|
|
|
|
These figures exclude rounds of ammunition surrendered (795,000 in
|
|
1968; 1.5 million in 1988), other "offensive weapons" (4,280
|
|
in 1988), and the substantial numbers of firearms handed in other
|
|
than during amnesties; 58,006 firearms were handed to the Metropolitan
|
|
Police alone from 1946 to 1969, for instance.32 In the 1965 amnesty
|
|
a man in Royston, Hertfordshire, handed over an anti-tank gun, four
|
|
service rifles, 12,000 rounds of ammunition, several live grenades
|
|
and three booby traps.33 In 1988 a man in Windsor surrendered 88
|
|
boxes of ammunition, three machine-guns (one with tripod), four rifles,
|
|
three revolvers, a flare pistol and an anti-aircraft gun.34 (Weapons
|
|
handed in during amnesties, except those of historical interest, are
|
|
melted down.)
|
|
|
|
One must remember that only those law-abiding people who wish to divest
|
|
themselves of their firearms would hand them in in this manner, and
|
|
the number of firearms involved clearly shows that the supply is not
|
|
drying up. Certainly criminals have no problem in acquiring firearms
|
|
for robberies: from 1974 to 1984 the number of robberies using firearms
|
|
in England and Wales rose from 650 to 2,098.35 On 26 July 1989,
|
|
Donald Kell aged 67, attempted to tackle two men, armed with a pistol,
|
|
who had just robbed a security van, and was shot dead.36 Firearms
|
|
control has kept guns out of the hands of people like Mr Kell, while
|
|
failing to keep them from his murderers. As Greenwood comments:
|
|
|
|
"Criminals have proved to us that firearms controls will
|
|
not deny their small class of people access to firearms whenever they
|
|
want them, but even if it were possible to deny them guns, little
|
|
would have been achieved if they simply turned to other weapons such
|
|
as coshes, ammonia sprays and the like which, in fact, cause more
|
|
injuries than firearms."37
|
|
|
|
Gun control has, in short, been a complete failure in terms of the
|
|
objectives which people normally associate with it. It has succeeded
|
|
in giving a virtual monopoly of privately-owned guns to professional
|
|
criminals and those otherwise law-abiding individuals who own illegal
|
|
firearms, the number of who can only be guessed at. Let us now propose
|
|
positive arguments against firearms control and for the legal right
|
|
of the individual to possess firearms and other weapons for his or
|
|
her own protection.
|
|
|
|
|
|
TAKING THE LAW INTO OUR OWN HANDS
|
|
|
|
Generally speaking, most people would pay at least lip service to
|
|
opposition to slavery, in that they would defend the right of the
|
|
individual to the ownership and control of his or her own mind and
|
|
body. It follows therefore that the individual also owns the products
|
|
of his own mind or body, which he or she is free to use, exchange,
|
|
sell or give as he or she wishes. This is the fundamental justification
|
|
for property rights, which are absolute in the sense that nobody has
|
|
any right to use violence against anybody else to violate that person's
|
|
rights. Within this context of non-coercion, the individual is free
|
|
to obtain whatever items of property he or she chooses without interference
|
|
from others, and this includes all forms of weapons. Following from
|
|
the above principles, an individual also has the right to use force
|
|
to defend his or her self or property, or someone else's self or property,
|
|
when they are subjected to coercive force. No individual has the
|
|
right to initiate force against anybody else or his or her property.
|
|
The state, however, makes the claim that we should depend exclusively
|
|
on the power of the law and the state monopoly of policing for our
|
|
protection, and have no right to "take the law into our own hands". Yet
|
|
the police and the criminal courts spend a large proportion of their
|
|
time pursuing people who have violated no property rights, and as
|
|
we saw above, only a small proportion of crimes against the individual
|
|
and property are solved. Quite large numbers of people, usually on
|
|
low incomes, do not pay their television licence fees; when they are
|
|
caught watching without a licence they are charged and fined; unable
|
|
to keep up the payments on the fine, a total of about 600 a year are
|
|
imprisoned for defaulting on fines. Yet violent criminals who have
|
|
viciously beaten their victims are routinely given a suspended sentence,
|
|
which means no real punishment at all. It is hardly surprising that
|
|
violent crime is rising and getting nastier. In the past, the violent
|
|
criminal was generally satisfied with using force sufficient to get
|
|
what he wanted; today, horrifying stories about gratuitous torture,
|
|
beating, mutilation and rape of robbery victims, evidently for fun
|
|
rather than gain, are routine newspaper reading. Knowing their victims
|
|
to be unilaterally disarmed, such is the contempt these people hold
|
|
for their victims that they treat them in this manner. I submit that
|
|
the widespread ownership of firearms among ordinary poeple would drastically
|
|
reduce these assaults. In a study of criminals in US prisons, three-fifths
|
|
said that a criminal would not attack a potential victim known to
|
|
be armed; two-fifths had decided not to commit a crime because they
|
|
thought the victim might have a gun.38 In 1982 the small town of
|
|
Kennesaw, Georgia, USA, passed a law making it /compulsory/ for
|
|
householders to keep a firearm and ammunition on the premises; house
|
|
burglaries fell from 65 per year to 26, and to 11 the following year.39 Of
|
|
course, the libertarian would not support such a coercive measure
|
|
any more than he would, for example, force children to go to school,
|
|
but the lesson stands. If even a small number of victims shot and
|
|
killed their attackers, it is reasonable to assume that the message
|
|
would get to the other criminals and violent crime would drop. For
|
|
this to happen, though, the legal right to use force - if necessary
|
|
lethal - in self-defence would have to be enshrined in law.
|
|
|
|
But actual crimes of violence are only the tip of the iceberg. "Kill
|
|
one, frighten ten thousand." For every burglary, robbery, mugging,
|
|
rape or other assault, many individuals are frightened to go out at
|
|
night, some even by day, and often feel fear even in their own homes. This
|
|
is particularly true of those groups with the smallest degree of real
|
|
power in our society: old people, people on low incomes, "working
|
|
class" women, residents of council estates, and non-whites. While
|
|
there is never any shortage of hot air merchants in parliament, pressure
|
|
groups, local government and the bureaucracy, who are quick to sound
|
|
off on behalf of these "underprivileged" people, these latter
|
|
always make proposals which will enhance their own power, and avoid
|
|
the issues which really concern those whom they claim to represent,
|
|
of which violent crime is the most important. It is hardly surprising
|
|
that the police, short of manpower and resources and often not wishing
|
|
to strain "community relations" are quicker to respond to
|
|
complaints by the better-off, who can kick up a more effective fuss
|
|
if they are dissatisfied with the police, than to those of the lower
|
|
orders, who are generally cut off from political influence. (It is
|
|
worth pointing out here that some elements of the left have in the
|
|
past had more wisdom on the subject than others. The Banner of the
|
|
London School of Economics students' union, made in the 1960s, and
|
|
still carried on demonstrations, carries the bold legend "ARM
|
|
THE WORKERS AND STUDENTS". One can only agree.)
|
|
|
|
|
|
GUN CONTROL BY THE STATE, FOR THE STATE
|
|
|
|
But it is not just the private criminal from whom the ordinary citizen
|
|
needs the right to protection. Even more important is self-defence
|
|
against the state and its actual or potential violence. Throughout
|
|
the world, tyranny is more common than freedom. In our century, tens
|
|
of millions of human beings have been murdered by oppressive regimes
|
|
which believed that their victims stood in the way of creating some
|
|
utopia or other by violence. Hundreds of millions - if not billions
|
|
- - more have had to live under totalitarian tyrannies, deprived of
|
|
the most basic freedoms that we in Britain take for granted. In every
|
|
case, the one distinctive difference between the agents of the regime
|
|
and their victims was the fact that the former had a monopoly of weapons.
|
|
Before coming to power, Adolf Hitler wrote:
|
|
|
|
"The most foolish mistake we could possibly make would
|
|
be to allow the subject races to possess arms. History shows that
|
|
all conquerors who have allowed their subject races to carry arms
|
|
have prepared their own downfall by doing so."40
|
|
|
|
In 1937 the Nazi regime introduced a Firearms Act which stipulated
|
|
that no civilian was to have a firearm without a permit, which would
|
|
not, according to a contemporary commentary, be issued to those "suspected
|
|
of acting against the state. For Jews this permission will not be
|
|
granted. Those people who do not require permission to purchase or
|
|
carry weapons [include] the whole S.S. and S.A., including the Death's
|
|
Head group" and Hitler Youth Officers.41
|
|
|
|
Would it not have been better if the Jewish and other victims of the
|
|
Nazis had been armed and able to resist being dragged to concentration
|
|
camps? The fact that the victims could not effectively resist and
|
|
overthrow these regimes made mass murder and tyranny possible. Dictators
|
|
as diverse as Ferdinand Marcos, Fidel Castro, Idi Amin and the Bulgarian
|
|
communists have ordered firearms confiscations immediately on taking
|
|
power, for good reasons. The current suppression of the democracy
|
|
movement in China, for instance, would be impossible without a state
|
|
monopoly on weapons.
|
|
|
|
Totalitarian regimes know that disarming the people must be an early
|
|
step in consolidating their tyranny. In the early days of communist
|
|
rule in both Russia and China, the private ownership of firearms was
|
|
prohibited, and spies and informers in the villages were rewarded
|
|
for revealing the names of those who defied the regime's decrees. These
|
|
measures were preludes to the seizure of the peasants' land in both
|
|
countries, accompanied by the extermination by artificial famine of
|
|
millions, along with the deportation to slave-labour camps of millions
|
|
more who attempted to resist.
|
|
|
|
Such events seem, thankfully, to be a remote possibility in Britain
|
|
today, but how do we know what might happen a hundred, two hundred
|
|
or five hundred years in the future? Might the British people one
|
|
day face a situation where they have to use force to resist a domestic
|
|
tyranny? Indeed, it makes a decisive difference in the relationship
|
|
between the state and the people if the latter is known to be armed. The
|
|
fact that the people are armed creates a "bottom line" of
|
|
oppression below which the government may be resisted, if all else
|
|
fails, by force. If the people cannot defend their rights directly,
|
|
then any freedoms they are permitted by the state are, strictly speaking,
|
|
temporary privileges which can in practice be removed by the one institution
|
|
which has a monopoly of legal violence in society. Soon after the
|
|
Hungerford massacre, one regional English Chief Constable publicly
|
|
urged that it be made illegal for members of the public to own bullet-proof
|
|
vests and similar equipment, so that it will be easier for the police
|
|
to shoot them! He was, of course, talking in reference to events
|
|
like Hungerford, but the totalitarian implications are obvious. Any
|
|
political authority seeking to remove basic human rights will tread
|
|
very warily if it knows its subjects to be armed. In its measures
|
|
it will always seek to err on the side of caution, not wishing to
|
|
provoke resistance. A disarmed people, however, is ultimately at
|
|
the mercy of those in power, dependent on their goodwill for their
|
|
own survival.
|
|
|
|
Some indication of the degree of totalitarian pressure that can already
|
|
be applied in our supposedly free society was given by the notorious
|
|
events in Cleveland, County Durham, in 1987. Certain paediatricians
|
|
working for the Cleveland Social Services Department (who happened,
|
|
not coincidentally, to be socialists) engaged in a piece of empire-building
|
|
by alleging that an epidemic of child sexual abuse was taking place
|
|
in Cleveland. As a result hundreds of children were - apparently
|
|
at random - forcibly taken away from their parents, and a totalitarian
|
|
atmosphere imposed on the town. With none of the normal protections
|
|
of the law, such as the presumption of innocence, parents were accused
|
|
of abusing their own children, and attempts were made to blackmail
|
|
them into confessing. Attempts were also made to threaten and trick
|
|
the kidnapped children into denouncing their parents. As a result
|
|
of the trauma involved, many parents had nervous breakdowns, others
|
|
split up, and others attempted suicide. After several months, the
|
|
scandal was exposed, the children returned and the whole exercise
|
|
proved to be completely fraudulent, although the psychological damage
|
|
had been done.
|
|
|
|
It is here that the private ownership of firearms for self-defence
|
|
becomes relevant. Hundreds of innocent parents had to undergo the
|
|
smarting humiliation and shame of their own children being kidnapped
|
|
from them and turned against them by individuals whose salaries they
|
|
- - the parents - were paying through taxes on their earnings. One
|
|
just has to imagine the ordeal of neighbours, colleagues, relatives
|
|
and friends knowing about the appalling accusations made against these
|
|
parents, and perhaps wondering for years afterwards if there might
|
|
have been something in it. Had the falsely accused parents, however,
|
|
been armed, and had the legal right to defend their children against
|
|
kidnapping by anybody, regardless of whether the latter were state
|
|
employees or not (after it was established in court that the intervention
|
|
was groundless), I submit that the bureaucrats would have kept their
|
|
ghastly fantasies to themselves. If they had been so foolhardy as
|
|
to proceed under these circumstances, they would have done so entirely
|
|
at their own risk.
|
|
|
|
Many people are horrified at the idea that the individual should resist
|
|
the intervention of the state by force, even in cases such as the
|
|
Cleveland outrage. Yet most of the people who express this horror
|
|
are more sympathetic to the right of parents to resist kidnappers
|
|
who seize children for their own private gain. There is surely little
|
|
moral difference between the two; indeed, the professional kidnapper
|
|
is arguably preferable: he acts purely selfishly, and wants nothing
|
|
more than the money he can extract from the parents, at which point
|
|
he has no reason not to return the child. The "altruistic"
|
|
Cleveland paediatricians had little interest in personal financial
|
|
gain, and, probably convinced of the righteousness of what they were
|
|
doing, were prepared to use the coercive power of the state to destroy
|
|
families and reduce their victims to nervous wrecks in order to enhance
|
|
their power. Why is it less moral for the individual to resist the
|
|
latter than the former? And why should the law deny him or her the
|
|
means to do so?
|
|
|
|
|
|
INTERNATIONAL AND REGIONAL COMPARISONS
|
|
|
|
A comparison of international and regional policies on firearms control
|
|
gives no evidence to suggest that legal restrictions on firearms have
|
|
any effect in reducing either crime, or the criminal use of firearms,
|
|
while by definition prohibiting or restricting the ownership of firearms
|
|
by law-abiding citizens. Within the UK, the Channel Islands, with
|
|
their wide degree of self-government, have very moderate gun controls,
|
|
and the private ownership of firearms, including sub-machine guns
|
|
and other automatic weapons, is widespread. It also has a very low
|
|
rate of violent crime, and the use of firearms in crime is negligible
|
|
compared to the mainland. In Northern Ireland, on the other hand,
|
|
and also in the Irish Republic, gun controls even more draconian than
|
|
those on the mainland have been imposed as a result of the terrorist
|
|
situation there, and even air pistols and rifles are subject to the
|
|
most severe controls. Yet the IRA and other terrorist groups have
|
|
no difficult in obtaining effective military weapons, whether from
|
|
abroad or on the black market, only in finding the men to use them. No
|
|
comment is needed on the murder rate using firearms in Northern Ireland.
|
|
Indeed, individuals in the province, whether Protestant or Roman Catholic,
|
|
are at much greater risk of being murdered in "retaliation"
|
|
attacks, in which a paramilitary group will target a law-abiding person
|
|
of the other religion virtually at random, than people on the mainland.
|
|
Their need for personal protection is much greater, and one can envisage
|
|
that if a few cases took place in which terrorist gunmen were shot
|
|
by their civilian victims, the deterrent effect would be enough
|
|
substantially to reduce the terrorism in the province.
|
|
|
|
Switzerland has the highest level of private firearms ownership in
|
|
the world, with pistols freely purchasable by adults from gunshops
|
|
on presentation of a permit obtainable as easily as a television licence
|
|
here. Retail sales of rifles and shotguns, and private sales of pistols
|
|
between individuals are completely unregulated. Despite, or rather
|
|
because of, the fact that several firearms are held in almost every
|
|
home, the criminal use of firearms is so low that it is not even recorded
|
|
separately in police statistics.42 Denmark has a similarly high
|
|
rate of firearms ownership, with small-calibre guns completely unregulated
|
|
and an easily-obtained permit needed for larger ones. In Belgium
|
|
private citizens can buy hunting and sporting guns with a readily-granted
|
|
permit, with a stricter licensing system for more powerful guns. West
|
|
Germany and France have found strict gun controls, introduced as a
|
|
response to terrorism, impossible to enforce. In 1973, following
|
|
the Baader-Meinhof, Middle Eastern and other terrorist campaigns,
|
|
the West German government imposed severe firearms control, including
|
|
registration of all guns.43 In 1973 there were between 17 and 20
|
|
million privately-owned guns in West Germany; by 1976 only 3.2 million
|
|
had been registered. Over 80% of firearms in West Germany are illegally
|
|
held, the large majority by otherwise law-abiding people who have
|
|
been criminalised by this action, and a series of police raids to
|
|
find them has, fortunately, been a failure.44 The French government
|
|
introduced strict gun control in 1983 after violence inside France
|
|
by Middle Eastern terrorists; again, the laws have been defied on
|
|
a massive scale by French people who do not regard their freedoms
|
|
as subject to bureaucratic removal as a result of somebody else's
|
|
terrorism.45
|
|
|
|
It is well-known that Malaysia has the death penalty for drug traffickers;
|
|
the same penalty exists for illegal firearms ownership. Recently
|
|
a Thai salesman visiting Malaysia was found with a .22 calibre pistol
|
|
and ammunition: simply for possessing these, he was hanged. So much
|
|
for the argument that strict gun control prevents unnecessary deaths!
|
|
Japan has much stricter gun control than most parts of the USA, yet
|
|
Japanese-Americans, who have much easier access to firearms, have
|
|
much lower violence rates than Japanese in Japan. Mexico has more
|
|
restrictive gun control than the USA, and also a much higher murder
|
|
and armed crime rate. In Taiwan, like Malaysia, the death penalty
|
|
can be imposed for illegal ownership of guns, and gun control is stricter
|
|
than Japan. Yet the murder rate in Taiwan is four times higher than
|
|
that of Japan, and 30% higher than in the USA. South Africa has much
|
|
stricter firearms control than the USA, yet has twice the murder rate.46
|
|
Before independence in 1962, Jamaica had a tolerable level of crime,
|
|
and permitted private ownership of guns, subject to having a police
|
|
permit. From 1962 to 1973 the homicide rate rose by 450% and violent
|
|
crimes, including armed robberies, rose even more sharply. In 1973
|
|
(after an incident to which four businessmen were murdered by shooting)
|
|
a total ban on the private ownership of all types of guns and ammunition
|
|
was imposed. Police seized all legal firearms and were given the
|
|
power to search any vehicle or house they believed to contain guns
|
|
or ammunition, arresting without warrant any violators. These were
|
|
taken to a "gun court", with no bail allowed, and, after a
|
|
delay of perhaps weeks, arraigned in secret courts without representation,
|
|
and those convicted were imprisoned in a "gun stockade" for
|
|
an indeterminate period. For three months after the introduction
|
|
of this system the rate of armed crime dropped, and then it grew completely
|
|
out of control. Any political activity was accompanied by armed men
|
|
roaming the streets, and armed troops had to preserve order during
|
|
elections. Murders by shooting, armed robberies and other crimes
|
|
set new world records, and spread throughout society. Later the Commissioner
|
|
of Corrections admitted that the ban had not affected the hard core
|
|
criminals, and the worst excesses of the system were corrected.47
|
|
|
|
The example of the USA is usually cited in arguments against the relaxation
|
|
of British firearms control. It is alleged that the high rate of
|
|
murder and other violent crimes in the USA is caused by the wide legal
|
|
availability of firearms, and this would occur in Britain if firearms
|
|
controls were removed. Many anecdotes, perhaps true, perhaps apocryphal,
|
|
are put forward to support this proposition: a man in Kentucky shot
|
|
his brother for using too much toilet paper; a dispute between two
|
|
men in a New York City cinema over who would have the last bag of
|
|
popcorn became a gunfight in which one of them was shot dead. The
|
|
defence by many Americans of the Second Amendment to the US Constitution,
|
|
which guarantees the right to keep and bear arms, is cited with feigned
|
|
horror by some British observers, who are ignorant of the fact that
|
|
this was a fundamental principle of English law which was carried
|
|
over from the unwritten British constitution, and which, as it has
|
|
never been formally removed by parliament, and no court has ever ruled
|
|
that it no longer exists, can be still said, legally speaking, to
|
|
exist in England.
|
|
|
|
In the first place, the US has over 20,000 laws at Federal, state
|
|
and local level which restrict firearms ownership and use. The cities
|
|
with the highest levels of violence and criminal use of firearms,
|
|
including New York City, Washington DC, Detroit and Chicago, have
|
|
gun control even stricter than that of the UK. 20% of murders in
|
|
the USA take place in these cities, which have only 6% of the population.
|
|
Firearms bans are widely defied in cities where in some areas the police are
|
|
effectively losing control of the streets. New York City, for instance,
|
|
has had a virtual ban on handguns since the 1911 Sullivan Act, yet
|
|
has an estimated 2 million illegal pistols (including those used in
|
|
the anecdote mentioned above). If it is replied that guns can easily
|
|
be brought in illegally from other states with less gun control, one
|
|
can reply that surely the same would be true of, for instance, Minneapolis,
|
|
which has no gun ban and a murder rate of 2.9 per 100,000, compared
|
|
to 17.5 in New York. As in Britain, no correlation has ever been
|
|
shown between the legal availability of firearms and armed crime.48 The
|
|
fact is that the USA has a higher rate of murder without firearms
|
|
(i.e. using knives, poisons, blunt instruments, etc.) than any western
|
|
European country: quite apart from the huge illegal markets in guns,
|
|
murderers could simply substitute other weapons if guns were further
|
|
restricted, while knowing that they victims would be disarmed. It
|
|
is in the USA, more than any other country, that firearms control
|
|
is a hotly-contested political issue, and the media, the bureaucracy,
|
|
academia and most politicians are almost unanimous in seeking to disarm
|
|
law-abiding citizens, who have had to fight a defensive political
|
|
action against repressive legislation seeking to remove their freedom.
|
|
The Bureau of Tobacco, Alcohol and Firearms uses every possible legal
|
|
and illegal device to make life difficult for law-abiding American
|
|
gun owners. Only one side of this debate - no need to say which one
|
|
- - ever gets heard in the British media.
|
|
|
|
|
|
NATIONAL DEFENCE
|
|
|
|
The private ownership and civilian use of firearms can also play an
|
|
important role in defence. The best known example is that of Switzerland,
|
|
where every adult male is required to be a member of the militia (which
|
|
numbers 625,000), to store a fully-automatic rifle and ammunition
|
|
at home and to practise with it regularly. Separately from these
|
|
government weapons, Switzerland has the world's highest level of private
|
|
firearms ownership. Firearms, including semi-automatic rifles, can
|
|
be bought freely from gunshops on presentation of a purchase permit
|
|
which is issued without question to any adult (except those with certain
|
|
criminal convictions or records of mental instability). Yet armed
|
|
crime is negligible: firearms homicides have not increased since records
|
|
began in 1931, and armed robberies are so few that they are not even
|
|
recorded separately.
|
|
|
|
Denmark is second only to Switzerland in its level of private firearms
|
|
ownership, and considerably ahead of the USA. It has a Home Guard
|
|
of 75,200 the members of which store semi-automatic rifles and sub-machine
|
|
guns at home and can be mobilised in one hour. In 25 years, only
|
|
13 homicides have been attributed to the 60,000 of these Home Guard
|
|
weapons. Norway and Sweden also have Home Guards which store military
|
|
weapons and ammunition at home: the misuse of these weapons is almost
|
|
non-existent. The US government's Directorate of Civilian Marksmanship
|
|
has sponsored civilian military arms to rifle clubs and semi-automatic
|
|
rifles to individuals. In 1965, the Little Report, sponsored by the
|
|
US Department of the Army, "failed to uncover a single incident
|
|
where DCM arms have been used in crimes of violence".49
|
|
|
|
Before its present official attitudes to civilian firearms use developed,
|
|
Britain used to have a similar system. From 1859 until the end of
|
|
the First World War the government kept a quarter of a million Rifle
|
|
Volunteers under arms; in 1900 Lord Salisbury, the Prime Minister,
|
|
said that he would laud the day when there was a rifle in every cottage
|
|
in England.50 Our present system, in which nearly all peaceful
|
|
citizens are both disarmed and ignorant about firearms as a result
|
|
of government policy, would lead to a disastrous situation if Britain
|
|
should ever be faced with invasion. The people would be virtually
|
|
incapable of organising effective guerrilla resistance to an invader,
|
|
or of providing auxiliary forces to the regular army, because of the
|
|
resources and time needed to train people in the use of weapons, quite
|
|
apart from the availability of these weapons themselves. Should the
|
|
regular military forces be defeated, the people would be completely
|
|
at the mercy of an invader.
|
|
|
|
(One of the most fraudulent aspects of the position of the Campaign
|
|
for Nuclear Disarmament is their claim that they support the possibility
|
|
of guerrilla warfare as a major aspect of Britain's defence after
|
|
the unilateral nuclear disarmament and withdrawal from NATO which
|
|
they propose. I have often discussed the issue with CND supporters,
|
|
and when I press for details of how this guerrilla force is to be
|
|
organised, these are either vague or non-existent. When I ask whether
|
|
they would encourage the widespread civilian ownership and use of
|
|
military firearms, and the training of individuals in guerrilla warfare
|
|
by official and private sponsorship, they react in a hostile manner
|
|
to the very proposals they were arguing for - in a vague and offhand
|
|
way - only minutes before!)
|
|
|
|
The private ownership of firearms by civilians can be remarkably effective
|
|
in resisting even a modern technological invader. For centuries the
|
|
Afghans and Pakistanis have been skilled both with using firearms
|
|
and making copies of standard models in primitive workshops with simple
|
|
tools and materials. When the Soviet Union invaded Afghanistan in
|
|
1979, the Afghans, despite their enormous technological inferiority,
|
|
were able to offer immediate effective resistance and quickly developed
|
|
rifles that could fire the same ammunition as the Soviet AK47. While
|
|
their eventual success in forcing the Soviet forces to withdraw was
|
|
due to the later availability of sophisticated modern weapons such
|
|
as the Stinger missile, this would have been impossible without the
|
|
early stages of military resistance made possible by the widespread
|
|
knowledge and ownership of firearms.
|
|
|
|
|
|
WOMEN AND GUNS
|
|
|
|
"Be not afraid of man,
|
|
No matter what his size;
|
|
When danger threatens, call on me
|
|
And I will equalise."
|
|
|
|
(motto engraved on a 19th century Winchester rifle)51
|
|
|
|
|
|
Although capitalism has succeeded in giving women throughout society
|
|
a wide degree of independence, for example through labour-saving devices,
|
|
it cannot alter the biological fact that the average man is some 50%
|
|
physically stronger than the average woman, nor that the average attacker,
|
|
burglar or rapist is probably rather stronger than this average. And
|
|
there is no doubt that the threat of attack is very real in Britain
|
|
today, and poses a major restriction on the effective freedom which
|
|
women enjoy.
|
|
|
|
But women are not permitted to take any measures for their own protection.
|
|
In 1981 in Yorkshire, at the height of the murderous rampage of Peter
|
|
Sutcliffe through the county (that is, before he had been caught),
|
|
one woman who carried a small clasp knife in her handbag as a protection
|
|
against the "Yorkshire Ripper" was convicted and fined for
|
|
carrying an offensive weapon!
|
|
|
|
This situation could be transformed by the introduction of the legal
|
|
right to own and use firearms and other weapons for self-defence. The
|
|
possession of firearms by women would provide a virtual revolution
|
|
in introducing real equality between the sexes in this area. In 1966,
|
|
following a major increase in rapes in Orlando, Florida, USA, the
|
|
local police began a well-publicised training course for 2,500 women
|
|
in firearms. The next year rape fell by 88% in Orlando (the only
|
|
large American city to experience a decrease that year) and burglary
|
|
fell by 25%, although none of the trained women actually fired their
|
|
weapons: the deterrent effect was enough. Five years later Orlando's
|
|
rape rate was still 13% lower than it had been before the training,
|
|
while the surrounding standard metropolitan area had undergone a 308%
|
|
increase.52
|
|
|
|
If the authorities here are unlikely to take such an enlightened attitude,
|
|
at least they can remove the legal impediments for groups of women,
|
|
private entrepreneurs, or others to organise such training, and for
|
|
the purchase of weapons to supplement it. If they refuse to do so,
|
|
at least victims of assault, robbery and rape will know who is partly
|
|
to blame through the denial of the legal means of self-defence.
|
|
Indeed, if the authorities would hesitate immediately to abolish all
|
|
laws restricting the ownership of weapons, a more "Fabian"
|
|
approach suggests itself. On a provisional basis, the legal right
|
|
to possess firearms and other weapons could be given to one group
|
|
which even the authorities must agree is both particularly vulnerable
|
|
and particularly unlikely to use weapons for criminal purposes: old
|
|
age pensioners. If after, say, two years, this resulted (as the reader
|
|
will agree it doubtless would) in a decrease in the number of attacks
|
|
on pensioners, the same right could then be extended to all women. Again,
|
|
if after a two year experimental period attacks on women were reduced,
|
|
the political atmosphere would surely be improved for the restoration
|
|
of everyone's right to provide for their own defence.
|
|
|
|
|
|
THE GUN CONTROL DEBATE NOW
|
|
|
|
British firearms legislation, then, has not been based on either reason
|
|
or evidence. So how have such strict controls, which have effectively
|
|
removed what was once regarded as a fundamental right of every individual,
|
|
achieved the status of law with the almost unanimous approval of all
|
|
major political parties, the police, the media and (taking their cue
|
|
from them) public opinion? This is not an area which can be addressed
|
|
with anything like scientific precision, but I believe it can be largely
|
|
summed up, first, by a 20th-century official British attitude one
|
|
might describe as "political fetishism". Britain has for
|
|
centuries been, on the whole, a "law-abiding" and deferential
|
|
country in the sense that the bulk of the population will go along
|
|
with virtually anything the authorities demand; many, indeed, will
|
|
go beyond that. This therefore creates in the authorities a fallacious
|
|
assumption that the act of removing or restricting by law an object,
|
|
or tool, that is used for something they disapprove of, will of itself
|
|
remove the intention of and ability to perform the unapproved act. Even
|
|
if only a small minority are committing the unapproved act, the large
|
|
majority must be punished in advance for the actions of the few -
|
|
must, in short, be punished for doing something that they as individuals
|
|
have not done. That this is a peculiarly British attitude is demonstrated
|
|
by a comparison with France.
|
|
|
|
France is by no means a free country - the absence of individual civil
|
|
rights against the police and the criminal justice system would rightly
|
|
appall any informed Englishman, as would the bureaucratic interference
|
|
which, for instance, requires parents to name their children only
|
|
from a state list of approved names - but this "fetishistic"
|
|
attitude is largely absent. There is a liquid which can be used to
|
|
remove the ink stamps on official documents, season tickets, and so
|
|
on, without damaging the design of the paper underneath. Freely available
|
|
at any stationers' in France, it is banned in Britain. In Britain,
|
|
the taxation on alcoholic drink is continually increased to discourage
|
|
its consumption, and the hours at which it can be bought still restricted,
|
|
yet the incidence of drunken violence continues to rise, a phenomenon
|
|
almost unknown in France, where alcoholic drinks are much cheaper
|
|
(and which has diminished drastically in Scotland, where licensing
|
|
hours are almost unrestricted). Again, France has no film censorship
|
|
and most television channels regularly show "pornographic"
|
|
material that would be unthinkable on British television, yet the
|
|
believed link between pornography and sexual crimes, taken for granted
|
|
here, hardly exists in France (which has a much lower rate of sexual
|
|
crime): at rape trials in Britain, for instance, the defendant usually
|
|
attributes partial blame to having seen a pornographic film; this
|
|
is a rare defence in French rape trials. This sharp difference is
|
|
clearly visible in weapon control. In any knife shop in France,
|
|
the visitor can find freely available for sale all manner of "offensive
|
|
weapons" that it is a criminal offence to buy or possess in Britain,
|
|
from flick-knives (known as switchblades in America, where they are
|
|
banned in every state but Oregon) to Mace and nunchakas and other
|
|
Kung Fu weapons. Yet France has a rather lower rate of violent crime
|
|
than Britain.
|
|
|
|
Another broad characteristic, specific to British socialism since
|
|
at least the First World War, is a belief that the common people whom
|
|
socialism was supposed to help were purely an object, not a subject. The
|
|
experience of the "working class" under capitalism, as (incorrectly)
|
|
interpreted by the early 20th-century socialists, led them to believe
|
|
that they were not capable of spontaneously organising themselves,
|
|
and had to have their lives completely reorganised for them by bureaucrats
|
|
and "experts". The "slums" in which the working class
|
|
lived could not be improved and had to be destroyed and replaced by
|
|
high-rise, concrete-jungle council estates. The masses were incapable
|
|
of acting as informed customers in health, education and welfare,
|
|
and the "welfare state" therefore gave very little individual
|
|
choice or control to the people who were made dependent on it and
|
|
whose taxes financed most of it.
|
|
|
|
It is this general attitude, now recognised as disastrous in so many
|
|
areas (surviving 19th-century "slum" houses in east London
|
|
are selling for UKP 200,000 long after high-rise blocks from the
|
|
1960s have either collapsed or been demolished), which has helped
|
|
to introduce such harsh firearms control in Britain. In his excellent
|
|
Libertarian Alliance essay /Gun Control in Britain/ (1988), Sean
|
|
Gabb, after demonstrating the absurdities of firearms restrictions,
|
|
concluded on a pessimistic note:
|
|
|
|
"The Firearms Bill will become law, and after a decent
|
|
interval will be followed by another, and then by another, until guns
|
|
are in theory outlawed among the civilian population. There is no
|
|
opposing the general will on this point. There is no place for fantastical
|
|
schemes of deregulation. All that can usefully be done is to observe
|
|
and record the progress of folly - and hope that its worst consequences
|
|
will be felt by a later generation than our own."53
|
|
|
|
Surely, however, one cannot allow such ill-informed, ill-thought out,
|
|
irrational, repressive and unjust laws to continue to oppress the
|
|
people without challenge. History provides many examples of repressive
|
|
state actions, such as the witch mania of the 16th and 17th centuries,
|
|
which commanded general approval in spite of their appalling consequences.
|
|
They should always be opposed, however difficult the odds may seem to be.
|
|
|
|
Firearms control in Britain is one of those areas where a rigidly
|
|
statist regime has been introduced which has become almost universal
|
|
orthodoxy without being introduced on behalf of some ideology or other.
|
|
As we saw above, firearms legislation was introduced on the basis of
|
|
unclear thinking, ignorance about the purposes and results of previous
|
|
legislation, political trade-offs and temporary hysteria. It is precisely
|
|
for this reason that it is a difficult area to reform. With other
|
|
areas of statism, such as the nationalisation of industries, or the
|
|
development of council estates in the form they took, the measures
|
|
were carried out in accordance with a specific ideology and with specific
|
|
ends in mind, such as to make industry more efficient and accountable,
|
|
or to creat an ideal urban living environment. At least when the
|
|
measures fail to produce the ends for which they were introduced,
|
|
this can be demonstrated, and the policies altered, as has happened
|
|
to some extent in recent years. With firearms control, however, no
|
|
such objective standards by which it can be judged were ever proposed,
|
|
yet firearms control commands more general political support than
|
|
nationalisation or council estates ever did.
|
|
|
|
It also encourages the most officious and bloody-minded forms of policing,
|
|
which undermine civil liberties. Several years ago a 16-year-old
|
|
boy who habitually dressed in top hat and tails and carried a long
|
|
walking cane with a large spherical handle was, as I remember reading,
|
|
arrested by the police and charged with "carrying an offensive
|
|
weapon". On 30 June 1989 Robert Manning, aged 31, was lawfully
|
|
shooting pigeons with a shotgun in a field near Coventry when he saw
|
|
a police helicopter overhead, which contained three policemen, one
|
|
of them filming him with a video camera. He put the gun down and
|
|
made querying gestures to the policemen, who told him through a loudhailer
|
|
to walk to a clearing, remove his jacket and shirt and turn round. He
|
|
did this, and found himself facing 20 to 25 policemen with police
|
|
dogs and two with Armalite rifles. One of them told him to march
|
|
towards them and lie down, whereupon they handcuffed him and removed
|
|
his boots. The helicopter landed, and he was taken in it to a police
|
|
cell despite explaining what he had been doing. The police contacted
|
|
the farmer who owned the field and confirmed that Mr Manning had had
|
|
permission to shoot there. The police then allowed Mr Manning to
|
|
leave the station, but refused to return his shotgun, even though
|
|
he was licensed and had not used it unlawfully. He refused to leave,
|
|
and returned to the cells until the police finally agreed to let him
|
|
take the gun.54
|
|
|
|
It might be objected that if the right of the individual to own weapons
|
|
is conceded, where does it stop? Are we to accept the right of individuals
|
|
to have private armies, for example? I would reply that it does indeed
|
|
follow, while accepting that in tactical political terms the climate
|
|
is not yet right to put that forward as an immediate demand. Those
|
|
who express horror at the idea of private armies seem unaware that
|
|
there already is a legal standing private army, fully equipped and
|
|
trained as a fighting force with sophisticated, modern weapons and
|
|
other equipment. Comparatively small though it is, it belongs to
|
|
the Duke of Argyll, who is the only individual in the United Kingdom
|
|
legally allowed to keep a private army (the privilege was granted
|
|
by the Crown to one of his ancestors). Yet I have never heard any
|
|
report of this army creating any kind of danger to the public peace,
|
|
or indeed, of anybody making any political objection to it. Given
|
|
that His Grace's right to maintain an army is given such universal
|
|
acceptance, if only by default, one could envisage a "Fabian"
|
|
political process whereby it is extended, over a period of years,
|
|
first, to all hereditary peers above the rank of baronet, then to
|
|
the lesser aristocracy, and finally to us common folks, in a process
|
|
analogous to the progress of the 19th-century Reform Acts and subsequent
|
|
legislation extending the franchise.
|
|
|
|
|
|
LET US ASK THE QUESTION
|
|
|
|
That, I accept, lies in the future. But right now the newspapers
|
|
are full of tragedies in which the availability of a firearm would
|
|
have saved lives or enabled people to defend themselves. In two cases
|
|
in 1989 families living on crime-ridden council estates have been
|
|
burned to death because they have installed such heavy security, including
|
|
locked steel bars at the windows and multiple-locked steel doors,
|
|
that they were unable to escape form their own homes when fires broke
|
|
out. If they have been allowed to possess firearms for the defence
|
|
of their home from burglars and attackers, such precautions would
|
|
have been less necessary. Not content with herding people into the
|
|
violent, inhuman environments of so many council estates, the state
|
|
removes even their right to defend themselves with weapons against
|
|
the crime it has exposed them to. Every week, many shocking cases
|
|
of violent crime are reported, but I was particularly appalled by
|
|
a recent case in which three men broke into the home of a 54-year-old
|
|
Cypriot woman in south London, trying to obtain her life savings of
|
|
UKP 900, which were hidden in her brassiere. They tortured her for
|
|
several hours in the most horrifying ways, one of which was thrusting
|
|
an air pistol up her nostril and firing it, as a result of which she
|
|
lost the sight of one eye. Nonetheless she never revealed the location
|
|
of the money, which was all she had in the world. It was reported
|
|
that the police had no clue as to the attackers' identity.
|
|
|
|
Who could doubt that the outcome would have been different if the
|
|
victim herself had been armed - with a firearm? By what right do
|
|
those who make our laws deny such people as this woman the natural
|
|
right to self-defence? Let us ask this question of our political
|
|
masters, and put the onus on them to explain why they are denying
|
|
us the most fundamental human right of all, without which any others
|
|
are not rights at all but merely temporary privileges granted by the
|
|
powerful on their sufferance and removeable at will - the right of
|
|
the individual to arm against all aggression.
|
|
|
|
|
|
|
|
Type of firearms used in robberies in England and Wales, 1966-1969
|
|
|
|
Sawn-off shotguns
|
|
|
|
Shotguns Pistols (S1 firearm) Others Total
|
|
|
|
Year No. % No. % No. % No. % No.
|
|
- -----------------------------------------------------------------------------
|
|
|
|
1966 53 15.5 18 5.2 269 79.3 340
|
|
|
|
1967 59 21.3 126 45.6 11 3.9 80 29.2 276
|
|
|
|
1968 98 25.3 140 36.1 37 9.5 112 29.1 387
|
|
|
|
1969 100 20.6 173 35.7 30 10.3 161 33.4 464
|
|
|
|
[From C. Greenwood, /Firearms Control/, Routledge
|
|
and Kegan Paul, London, 1972, p. 244.] 25
|
|
|
|
|
|
|
|
Robberies in England and Wales in which firearms were used
|
|
|
|
Total Firearms Cases involving Cases involving
|
|
Robberies Pistols Shotguns
|
|
|
|
Year No. % No. %
|
|
- ---------------------------------------------------------------
|
|
|
|
1970 475 163 34.3 88 18.5
|
|
|
|
1971 572 203 35.4 133 25.2
|
|
|
|
1972 533 175 32.8 116 21.7
|
|
|
|
1973 484 181 37.3 112 23.1
|
|
|
|
1974 645 258 40.0 129 20.0
|
|
|
|
1975 949 365 38.4 184 19.3
|
|
|
|
|
|
[Extracted from C. Greenwood, "Comparative Statistics",
|
|
in D. B. Kates, /Restricting Handguns/, North River Press, np, 1979]
|
|
(26)
|
|
|
|
|
|
|
|
NOTES
|
|
|
|
1. W. Marina, "Weapons, Technology and Legitimacy",
|
|
in D. B. Kates, /Firearms and Violence/, Pacific Institute for
|
|
Public Policy Research, San Francisco, 1984, p. 429.
|
|
|
|
2. /Daily Telegraph/, 7 April 1987.
|
|
|
|
3. See D. B. Kopel, "Trust the People", Cato Institute
|
|
Policy Analysis 109, 11 July 1988.
|
|
|
|
4. /Evening Standard/, 10 July 1989.
|
|
|
|
5. C. Greenwood, /Firearms Control/, Routledge and Kegan Paul,
|
|
London, 1972, p. 7.
|
|
|
|
6. /Ibid/., p. 9.
|
|
|
|
7. /Ibid/., p. 11.
|
|
|
|
8. /Ibid/., p. 13.
|
|
|
|
9. /Ibid/., p. 14.
|
|
|
|
10. /Ibid./, p. 15.
|
|
|
|
11. /Ibid./, p. 15.
|
|
|
|
12. /Ibid./, p. 16.
|
|
|
|
13. /Daily Telegraph/, 5 November 1988.
|
|
|
|
14. Greenwood,/ op. cit./, p. 23.
|
|
|
|
15. /Ibid./, p. 25.
|
|
|
|
16. /Ibid./, p. 25-26.
|
|
|
|
17. /Ibid/., p. 38.
|
|
|
|
18. /Times/, 15 September 1988.
|
|
|
|
19. Greenwood, op. cit., p. 46.
|
|
|
|
20. /Ibid/., p. 54.
|
|
|
|
21. /Ibid./, p. 72.
|
|
|
|
22. /Ibid./, p. 86-87.
|
|
|
|
23. /Ibid./, p. 243.
|
|
|
|
24. /Ibid./, p. 243-244.
|
|
|
|
25. /Ibid/., p. 244.
|
|
|
|
26. Extracted from C. Greenwood, "Comparative Statistics",
|
|
in Don B. Kates, ed., /Restricting Handguns: The Liberal Skeptics
|
|
Speak Out/, North River Press, np, 1979, p. 54.
|
|
|
|
27. Greenwood, /Firearms Control/, op. cit., p. 246.
|
|
|
|
28. T. Jackson, /Legitimate Pursuit/, Ashford Press, Southampton,
|
|
1988.
|
|
|
|
29. /Times/, 26 August 1987.
|
|
|
|
30. /Times/, 7 January 1988.
|
|
|
|
31. Combined from data in Greenwood, /Firearms Control/,
|
|
op. cit., p. 235, 236 and /Times/, 3 November 1988.
|
|
|
|
32. Greenwood, /Firearms Control/, op. cit., p. 237.
|
|
|
|
33. M. Bateman, /This England/, Penguin, London, 1969, p.
|
|
112.
|
|
|
|
34. /Times/, 15 September 1988
|
|
|
|
35. Jackson, op. cit., p. 45.
|
|
|
|
36. /Daily Telegraph/, 27 July 1989, p. 1.
|
|
|
|
37. Greenwood, /Firearms Control/, op. cit., p. 173.
|
|
|
|
38. Kopel, op. cit., p. 2-3.
|
|
|
|
39. /Ibid./, p. 3.
|
|
|
|
40. Quoted in Kates, /Restricting Handguns/, op. cit., p. 185.
|
|
|
|
41. /Ibid./, p. 185.
|
|
|
|
42. R. A. I. Munday, "Civilian Possession of Military Firearms",
|
|
/Salisbury Review/, March 1988, p. 45-49.
|
|
|
|
43. /Times/, 26 August 1988, p. 3.
|
|
|
|
44. Munday, op. cit.
|
|
|
|
45. /Times/, 26 August 1988, p. 3.
|
|
|
|
46. /USA Today/, 18 April 1984.
|
|
|
|
47. Greenwood, "Comparative Statistics", op. cit., p. 37-38.
|
|
|
|
48. /Ibid./, p. 35-36.
|
|
|
|
49. Munday, op. cit., /passim./
|
|
|
|
50. /Ibid./
|
|
|
|
51. Kopel,/ op. cit./, p. 18.
|
|
|
|
52. /Ibid/., p. 3.
|
|
|
|
53. S. Gabb, /Gun Control in Britain/, Political Notes No. 33,
|
|
Libertarian Alliance, London, 1988, p. 4.
|
|
|
|
54. /Sunday Telegraph/, 30 July 1989, p. 20.
|
|
|
|
|
|
FURTHER READING
|
|
|
|
C. Greenwood, /Firearms Control/, Routledge and Kegan Paul, London,
|
|
1972. The definitive academic study of the problem; a comprehensive
|
|
historical, legal, statistical, criminological and practical survey
|
|
of firearms control in England and Wales. Written by a former senior
|
|
police officer who now edits /Guns Review/, the leading firearms
|
|
journal in the country and is a voice of reason on the subject.
|
|
Iconoclastic and indispensable to any understanding of the subject.
|
|
|
|
Don B. Kates, ed., /Firearms and Violence/, Pacific Institute
|
|
for Public Policy Research, San Fransisco, 1984. An encyclopaedic
|
|
collection of studies by 17 academics and lawyers, covering every
|
|
area of the issue from a perspective sympathetic to gun ownership. Some
|
|
of these scholars, including Professor James D. Wright, former president
|
|
of the American Sociological Association, began their studies advocating
|
|
stricter firearms control, and became convinced of the opposite case
|
|
as a result of their researches. A complete demolition of the case
|
|
for totalitarianism in firearms.
|
|
|
|
Don B. Kates, ed., /Restricting Handguns: The Liberal Skeptics
|
|
Speak Out/, North River Press, np, 1979. Essays by eight experts
|
|
on the subject of legal controls on pistols and other firearms. Most
|
|
of the authors are American "liberals" in law and academe
|
|
who dissent here from the gun-control orthodoxy of US "liberalism",
|
|
and explain why.
|
|
|
|
T. Jackson, /Legitimate Pursuit/, Ashford Press, Southampton,
|
|
1988. Sponsored by the British Association for Shooting and Conservation
|
|
as a response to the 1988 Firearms (Amendment) Bill, and covering
|
|
only sporting guns, this short book, by one of Britain's leading experts
|
|
on the subject, gives useful technical information about different
|
|
guns and solid arguments, based on facts, against further firearms
|
|
restrictions, while being rather defensive and not challenging the
|
|
basic principles of British gun control. The use of guns for sporting
|
|
purposes has hardly been mentioned in my essay, which emphasises the
|
|
use of firearms for self-defence.
|
|
|
|
/Law and Policy Quarterly/, volume 5, number 3, July 1983. An
|
|
interdisciplinary American academic journal with contributions by
|
|
eight experts from a viewpoint critical of further restrictions. Some
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of the essays were later included in /Firearms and Violence/
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in extended forms.
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D. B. Kopel, "Trust the People", Cato Institute Policy Analysis
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No. 109, 11 July 1988. A short pamphlet by an American lawyer that
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contains most of the relevant facts and arguments in an easily digested
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form.
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S. Gabb, /Gun Control in Britain/, Political Notes No. 33, Libertarian
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Alliance, London, 1988. A short and useful critique of gun control
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from a libertarian perspective.
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- ---------------------------------------------------------------
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Political Notes No. 47
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ISSN 0267 7059 ISBN 1 870614 74 7
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An occasional publication of the Libertarian Alliance,
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25 Chapter Chambers
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Esterbrooke Street
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London SW1P 4NN
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Copyright 1990: Libertarian Alliance; David Botsford
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Uploaded for sale on AMiX, with the permission of and by arrangement
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with the Libertarian Alliance by:
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Russell Earl Whitaker
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Communications Editor, EXTROPY: The Journal of Transhumanist Thought
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AMiX: RWHITAKER
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whitaker@eternity.demon.co.uk
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71750.2413@compuserve.com
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This work is available in the Extropians Market on AMiX.
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[For information on the American Information Exchange (AMiX),
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send a request to amixinfo@markets.amix.com, or call
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415-903-1010.]
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The views expressed in this publication are those of its
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author, and not necessarily those of the Libertarian Alliance,
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ts Committee, Advisory Council or subscribers.
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LA Secretary and Editorial Director: Chris R. Tame
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Executive Editor: Brian Micklethwait
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FOR LIFE, LIBERTY AND PROPERTY
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