Issue 24: Gun Control

David B. Kopel || Research Director, Independence Institute

David B. Kopel

Second Amendment rights are very important to tens of millions of Americans. Many of those Americans are apprehensive about the Obama administration’s intentions regarding those rights. Such apprehensions led to a tremendous increase in firearms sales in the months before and after the election.

On the one hand, candidate Obama repeatedly proclaimed that he considered the Second Amendment to be an individual right. On the other hand, he claimed that the Washington, D.C. handgun ban (which the Supreme Court declared to be unconstitutional last June, in District of Columbia v. Heller) was a reasonable, common-sense restriction on that right.

As a candidate for U.S. Senate in 2004, Obama proposed a national ban on carrying concealed handguns. Such a ban would take away a right that millions of law-abiding Americans currently exercise — to carry a handgun for lawful protection, after passing a background check and a safety class. In the U.S. Senate and the Illinois Senate, Obama compiled a near-perfect record in voting for bans on a wide variety of guns, for lawsuits against gun manufacturers and gun stores, and for a host of other restrictions on gun owners. He even proposed outlawing all gun stores within five miles of a school or park — which would eliminate gun stores from almost all of the inhabited portions of the United States.

Thus, the Second Amendment right which Obama claims to support appears to be one of vanishingly small proportions.

Second Amendment supporters are also concerned about his choices to put Joe Biden, Hillary Clinton, Rahm Emmanuel, and Eric Holder into key positions in his administration—for every one of them has a solid record as an advocate of highly restrictive gun control.

At best, Second Amendment supporters can hope that the Obama administration will concentrate on other issues. At worst, the Obama administration may push for repressive and extreme gun controls with the same vigor as did the Clinton administration, but with considerably more political skill.

David Kopel is Research Director at the Independence Institute, a think tank in Golden, Colorado. He is co-author of the law school textbook Gun Control and Gun Rights (NYU Press). He was one of the three lawyers who sat at the counsel table to assist Alan Gura’s presentation of the oral argument in the Supreme Court case District of Columbia v. Heller.

Recent Responses

Banning guns in the U. S. A. will not discourage those who wish to steal, kill, rob or destroy. It will however, prevent every man or waman the right to have protection for themselves in their own homes. Criminals are going to get guns regardless. Please think long and hard on this Mr. Obama. Do not remove our only protection at home.

Patricia Sloan, 67 from Greenville, SC US

To Mr. Ates: England, Australia, South Africa, Brazil and Jamaica are five of the top ten nations for violent crime-all countries boasting extremely restrictive gun prohibition laws. The U.S. isn’t even near the top ten, and since 48 states now allow honest citizens to carry arms concealed on their person, random violent crime (as opposed to inter-gang violence) has steadily decreased. In addition, we are a nation founded on respect for individual civil rights “endowed us by our Creator,” not by government and not conditional on prevailing crime rates. If this doesn’t sit well with you, I strongly suggest that you find another country in which to take up residence.

John, from St. Louis, Missouri, 57 from Mexico, MO US

Faruk Ates - If you are so impressed with the “gun control” laws of other countries, I will happily help finance a one way trip for you to the land of your choice. I, too, have traveled the world a bit (as a member of the U. S. Armed Forces, now retired) and have seen 1st hand these idyllic Paradises (read that: garbage strewn Hellholes) of which you speak. If the violent crime rate here is SOOO bad (which it isn’t) why did you come here and choose to stay? Your choice of San Fransisco speak a lot about you. We Americans, unlike the rest of the world, take our Freedom seriously, and will fight to retain it, anytime, anywhere. But I hope that soon we will quit send money, food, and soldiers to defend those who turn around and stab us in the back. This is MY country, D.H. Love it, or get the Hell out.

TSgt B, 53 from Kemah, TX US

Gun control has been proven to be absoutley ineffective in controling crime. Concealed carry in 48 states has proven that violent crime rates go down dramatically when this is the norm. The new president and the demopcrats in congress want to rule our live completely because they think that we are not smart enough to be able to take care of ourselves. They do want us armed bewcause then they can not control us.

Kenneth Berkel, 61 from Fort Leonard Wood, MO US

Be afraid people! Be very afraid! This man wants to be Emporer not President.

Norm, 66 from Englewood, CO US

In reply to FARUK ATEŞ, 26 FROM SAN FRANCISCO, CA US, How about Washington, D.C. London, Toronto, Jamaica, Chicago. Jamaica has had a complete ban on guns since 1974, and is now the murder captial of the entire world! I’ve been to many countries also, and guess I was not the same places you were? England homes average a burglary every two years or less! You certainly have not read the actual statistics.

Bill Miller, 65 from Camden, SC US

History proves that 170 Million citizens were murdered after their country did the register, restrict, and ban acts. Many by their own government. Since concealed carry is now in 48 states, violent crime is at an all time low. Cities with gun bans have the highest murder rates. So why does Obama want gun control, so he can dictate to us as “Subjects”. I am a citizen with the 1st and 2nd amendments guaranteing my right to speak and carry a gun. If they enforced the meaningful gun laws already on the books, we would be much safer.

Bill Miller, 65 from Camden, SC US

Faruk Ateş- Just read your idiotic post, which proves that some fools will never change their minds, despite all evidence. I won’t try to change your mind, but will extend an invitation to you to return to any foreign country that you please, and let Americans worry about American issues.

crm3006, 57 from Arlington, TX US

Obama can claim to be the world’s greatest gun salsman, among all the other false claims he makes, such as being a natural born citizen. So called “assult weapons” are flying off the dealers shelves, and ammunition and component sales are at an all time high. I hope the American people’s resolve is as high as their preparation seems to indicate.

crm3006, 57 from Arlington, TX US

If you are going to screw the American people, you certainly don’t want them armed.

It might be wise to join the NRA.

Larry, 73 from Eugene, OR US

44 Issues in 44 Days

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Inaugural Insight

  • The inauguration for the first U.S. president, George Washington, was held on April 30, 1789 in New York City.
  • Should January 20 be a Sunday, the President is usually administered the oath of office in a private ceremony on that day, followed by a public ceremony the following day.
  • Immediately following the oath, the bands play four ruffles and flourishes and "Hail to the Chief", followed by a 21-gun salute from howitzers of the Presidential Salute Battery.
  • The inaugural celebrations usually last ten days, from five days before the inauguration to five days after.
  • Since Thomas Jefferson's second inaugural on March 4, 1805, it has become tradition for the president to parade down Pennsylvania Avenue from the Capitol to the White House.
  • According to tradition, in the first inaugural, President Washington added the words "so help me God" when reciting the oath, although there is no contemporary evidence of this.
  • In 1977, Jimmy Carter started a new tradition by walking from the Capitol to the White House, although subsequent presidents have only walked part of the way for security reasons.
  • The War of 1812 and World War II forced two swearing-ins to be held at other locations in Washington, D.C.
  • The new President assumes power at noon on January 20th, regardless of whether or not he has actually taken the oath of office.
  • There is no requirement that any book, or in particular a book of sacred text, be used to administer the oath, and none is mentioned in the Constitution.

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