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Old 05-30-2003, 07:11 PM   #33 (permalink)
toxic515
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Location: Texas
There are such a huge number of issues and ideas to be addressed here, I hope that you will all forgive me if I miss a point somewhere along the way in this diatribe.

I'll attempt to start at the beginning, and not overly re-hash issues that have been addressed.

Kadath: Quote: I was referring, obviously enough, to the second amendment, which made provisions for citizens to own guns based on certain needs at the time, needs which no longer exist. (end quote)

Correctly stated that would say 'needs that do not currently exist' The purpose for the arms and militia was multifold, not the least of which was to rebel against our own government should it become too oppressive.

One of the things that we have abdicated to the government is our own self-protection. In essence this means that we 'trust' the government to protect us from violence. There are certainly numerous situations where it can clearly be demonstrated that the trust is misplaced, or mismanaged. At the moment I am not going to spend the additional time on the research to demonstrate police failings, but in the future, should that statement need backup, I'll take such time as I have. Bear with me for the moment.

Kadath : Quote: Yeah, Canada, England, they're really oppressed nations.

I know this was briefly addressed, but I'd like to take it further. For some time the UK has been looked to as the gold standard of gun control. Stringent laws, and a 1997 ban on handguns are part and parcel of a domestic strategy for safety that a 1992 Economist article characterized as requiring " a restraint on the personal liberty that seems, in most civilized countries, essential to the happiness of others," a policy that particular magazine found at odds with "America's Vigilante Values." The safety of the British people has been staked on the thesis that fewer private guns means less crimes. The government believes that any weapons in the hands of men and women, however law-abiding, pose a danger, and that disarming them lessens the chance that criminals will get or use weapons. As a result, the toughest firearm restrictions of any democracy are credited with producing a low rate of violent crime. This illusion seems credible because most people don't realize that the country had an astonishingly low rate of armed crime before the guns were restricted.

Examples? Yes, conveniently, I did the research on that.. In a government study covering 1890 to 1892, for example, there were only 3 handgun homicides, an average of 1 per year, in a population of 30 million. In 1904 there were only 4 armed robberies in London, at the time, the world's largest city. A hundred years and many gun laws later, the BBC reported that England?s firearms restrictions "seem to have had little impact in the criminal underworld." Guns are virtually outlawed, and, as the old slogan predicted, only outlaws have guns. Worse, they are increasingly ready to use them.

500 years of growing civility ended in 1954, and violent crime has been growing ever since. Last December, London's Evening Standard reported that armed crime, with banned handguns the weapon of choice, was "rocketing" In the 2 years following the 1997 handgun ban, the use of handguns in crime rose by 40% and the upward trend has continued. From April to November 2001, the number of people robbed at gunpoint in London rose by 53%. Gun crime is just part of an increasingly lawless environment. From 1991 to 1995, crimes against the person in England's inner cities increased 91 percent. And in the four years from 1997 to 2001, the rate of violent crime more than doubled. Your chances of being mugged in London are now six times greater than in New York. England's rates of assault, robbery, and burglary are far higher than America's, and 53 percent of English burglaries occur while occupants are at home, compared with 13 percent in the U.S., where burglars admit to fearing armed homeowners more than the police. In a United Nations study of crime in 18 developed nations published in July, England and Wales led the Western world's crime league, with nearly 55 crimes per 100 people. I think Seretogis covered the point that the police do not do much to PREVENT crime.. In Britain, gun regulations have been part of a more general disarmament based on the proposition that people don't need to protect themselves because society will protect them. It also will protect their neighbors: Police advise those who witness a crime to "walk on by" and let the professionals handle it.


Davel, I don't know where you are getting your statistics from, or how you are calculating them, but at least in England, where I've bothered to do the research, your argument doesn't hold water.

Now, I'm running somewhat shy of time, and I'd like to point out that I couldn't care less about assault weapons, the fact is that most hunting weapons are considerably more accurate and lethal. As far as handgun control goes, I personally am licensed to carry a concealed weapon here in Texas? Remarkably, I've never felt a need to do so, and only rarely put the gun in the car even for longer trips. Oklahoma and Texas both have demonstrated a decrease in crime, which may or may not be a result of the handguns. I think it's got to be looked at holistically, not in such a narrow context.

What concerns me greatly is the method and process that UK used to get where it is with the gun control, and I think that we here in the US must not allow it to happen.. You see, the 1920 Firearms Act was the first serious British restriction on guns. Although crime was low in England in 1920, the government feared massive labor disruption and a Bolshevik revolution. In the circumstances, permitting the people to remain armed must have seemed an unnecessary risk. And so the new policy of disarming the public began. The Firearms Act required a would-be gun owner to obtain a certificate from the local chief of police, who was charged with determining whether the applicant had a good reason for possessing a weapon and was fit to do so. (seems sensible) Parliament was assured that the intention was to keep weapons out of the hands of criminals and other dangerous persons. Yet from the start the law's enforcement was far more restrictive, and Home Office instructions to police (classified until 1989) periodically narrowed the criteria.

At first police were instructed that it would be a good reason to have a revolver if a person "lives in a solitary house, where protection against thieves and burglars is essential, or has been exposed to definite threats to life on account of his performance of some public duty." By 1937 police were to discourage applications to possess firearms for house or personal protection. In 1964 they were told "it should hardly ever be necessary to anyone to possess a firearm for the protection of his house or person" and that "this principle should hold good even in the case of banks and firms who desire to protect valuables or large quantities of money."

In 1969 police were informed "it should never be necessary for anyone to possess a firearm for the protection of his house or person." These changes were made without public knowledge or debate. Their enforcement has consumed hundreds of thousands of police hours. Finally, in 1997 handguns were banned. Proposed exemptions for handicapped shooters and the British Olympic team were rejected.

Even more sweeping was the 1953 Prevention of Crime Act, which made it illegal to carry in a public place any article "made, adapted, or intended" for an offensive purpose "without lawful authority or excuse." Carrying something to protect yourself was branded antisocial. Any item carried for possible defense automatically became an offensive weapon. Police were given extensive power to stop and search everyone. Individuals found with offensive items were guilty until proven innocent.

During the debate over the Prevention of Crime Act in the House of Commons, a member from Northern Ireland told his colleagues of a woman employed by Parliament who had to cross a lonely heath on her route home and had armed herself with a knitting needle. A month earlier, she had driven off a youth who tried to snatch her handbag by jabbing him "on a tender part of his body." Was it to be an offense to carry a knitting needle? The attorney general assured the M.P. that the woman might be found to have a reasonable excuse but added that the public should be discouraged "from going about with offensive weapons in their pockets; it is the duty of society to protect them."

Blah Blah Blah, I think you get my point, it only gets worse. Additional hysteria and erosion of civil liberties IS a problem... Sure, society ought to undertake the defense of its members, nevertheless one has to remember that there are many places where society cannot get, or cannot get there in time. On those occasions a man has to defend himself and those whom he is escorting. It is not very much consolation that society will come forward a great deal later, pick up the bits, and punish the violent offender.


The original common law standard was similar to what still prevails in the U.S. Americans are free to carry articles for their protection, and in 33 states law-abiding citizens may carry concealed guns. Americans may defend themselves with deadly force if they believe that an attacker is about to kill or seriously injure them, or to prevent a violent crime. Our courts are mindful that, as Justice Oliver Wendell Holmes observed, "detached reflection cannot be demanded in the presence of an upraised knife."

The examples go on and on.

In 1987 two men assaulted Eric Butler, a 56-year-old British Petroleum executive, in a London subway car, trying to strangle him and smashing his head against the door. No one came to his aid. He later testified, "My air supply was being cut off, my eyes became blurred, and I feared for my life." In desperation he unsheathed an ornamental sword blade in his walking stick and slashed at one of his attackers, stabbing the man in the stomach. The assailants were charged with wounding. Butler was tried and convicted of carrying an offensive weapon.

In 1994 an English homeowner, armed with a toy gun, managed to detain two burglars who had broken into his house while he called the police. When the officers arrived, they arrested the homeowner for using an imitation gun to threaten or intimidate. In a similar incident the following year, when an elderly woman fired a toy cap pistol to drive off a group of youths who were threatening her, she was arrested for putting someone in fear. Now the police are pressing Parliament to make imitation guns illegal.

In 1999 Tony Martin, a 55-year-old Norfolk farmer living alone in a shabby farmhouse, awakened to the sound of breaking glass as two burglars, both with long criminal records, burst into his home. He had been robbed six times before, and his village, like 70 percent of rural English communities, had no police presence. He sneaked downstairs with a shotgun and shot at the intruders. Martin received life in prison for killing one burglar, 10 years for wounding the second, and a year for having an unregistered shotgun. The wounded burglar, having served 18 months of a three-year sentence, is now free and has been granted £5,000 of legal assistance to sue Martin.

The failure of English policy to produce a safer society is clear, but what of British and Canadian jibes about "America's vigilante values" and our much higher murder rate?

Historically, America has had a high homicide rate and England a low one. In a comparison of New York and London over a 200-year period, during most of which both populations had unrestricted access to firearms, historian Eric Monkkonen found New York's homicide rate consistently about five times London's. Monkkonen pointed out that even without guns, "the United States would still be out of step, just as it has been for two hundred years."

Legal historian Richard Maxwell Brown has argued that Americans have more homicides because English law insists an individual should retreat when attacked, whereas Americans believe they have the right to stand their ground and kill in self-defense. Americans do have more latitude to protect themselves, in keeping with traditional common law standards, but that would have had less significance before England's more restrictive policy was established in 1967.

The murder rates of the U.S. and U.K. are also affected by differences in the way each counts homicides. The FBI asks police to list every homicide as murder, even if the case isn't subsequently prosecuted or proceeds on a lesser charge, making the U.S. numbers as high as possible. By contrast, the English police "massage down" the homicide statistics, tracking each case through the courts and removing it if it is reduced to a lesser charge or determined to be an accident or self-defense, making the English numbers as low as possible.

The London-based Office of Health Economics, after a careful international study, found that while "one reason often given for the high numbers of murders and manslaughters in the United States is the easy availability of firearms...the strong correlation with racial and socio-economic variables suggests that the underlying determinants of the homicide rate are related to particular cultural factors."

Cultural differences and more-permissive legal standards notwithstanding, the English rate of violent crime has been soaring since 1991. Over the same period, America?s has been falling dramatically. In 1999 The Boston Globe reported that the American murder rate, which had fluctuated by about 20 percent between 1974 and 1991, was "in startling free-fall." We have had nine consecutive years of sharply declining violent crime. As a result the English and American murder rates are converging. In 1981 the American rate was 8.7 times the English rate, in 1995 it was 5.7 times the English rate, and the latest study puts it at 3.5 times.

Preliminary figures for the U.S. this year show an increase, although of less than 1 percent, in the overall number of violent crimes, with homicide increases in certain cities, which criminologists attribute to gang violence, the poor economy, and the release from prison of many offenders. Yet Americans still enjoy a substantially lower rate of violent crime than England, without the "restraint on personal liberty" English governments have seen as necessary. Rather than permit individuals more scope to defend themselves, Prime Minister Tony Blair's government plans to combat crime by extending those "restraints on personal liberty": removing the prohibition against double jeopardy so people can be tried twice for the same crime, making hearsay evidence admissible in court, and letting jurors know of a suspect?s previous crimes.

This is a cautionary tale. America's founders, like their English forebears, regarded personal security as first of the three primary rights of mankind. That was the main reason for including a right for individuals to be armed in the U.S. Constitution. Not everyone needs to avail himself or herself of that right. It is a dangerous right. But leaving personal protection to the police is also dangerous.

The English government has effectively abolished the right of Englishmen, confirmed in their 1689 Bill of Rights, to "have arms for their defense," insisting upon a monopoly of force it can succeed in imposing only on law-abiding citizens. It has come perilously close to depriving its people of the ability to protect themselves at all, and the result is a more, not less, dangerous society. Despite the English tendency to decry America's "vigilante values," English policy makers would do well to consider a return to these crucial common law values, which stood them so well in the past.

Is America so foolish to be "fascinated" with guns? I don't know, but I don't think that I want to be like our friends. God bless them if they are happy, and Daval, for the record, I love Canada, and I love the UK, but I am happy and proud to be from the states here, and one of the glories of our independence and our sovereignty is the ability to be friends, but not need to follow or be exactly the same.
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Last edited by toxic515; 05-30-2003 at 10:23 PM..
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