Here's the rest of the report. I told you it was long!
1 Gary Kleck and Marc Gertz, "Armed Resistance to Crime: The Prevalence and Nature of Self-Defense With a Gun," 86 The Journal of Criminal Law and Criminology, Northwestern University School of Law, 1 (Fall 1995):164.
Dr. Kleck is a professor in the school of criminology and criminal justice at Florida State University in Tallahassee. He has researched extensively and published several essays on the gun control issue. His book, Point Blank: Guns and Violence in America, has become a widely cited source in the gun control debate. In fact, this book earned Dr. Kleck the prestigious American Society of Criminology Michael J. Hindelang award for 1993. This award is given for the book published in the past two to three years that makes the most outstanding contribution to criminology.
Even those who don't like the conclusions Dr. Kleck reaches, cannot argue with his impeccable research and methodology. In "A Tribute to a View I Have Opposed," Marvin E. Wolfgang writes that, "What troubles me is the article by Gary Kleck and Marc Gertz. The reason I am troubled is that they have provided an almost clear-cut case of methodologically sound research in support of something I have theoretically opposed for years, namely, the use of a gun in defense against a criminal perpetrator. . . . I have to admit my admiration for the care and caution expressed in this article and this research. Can it be true that about two million instances occur each year in which a gun was used as a defensive measure against crime? It is hard to believe. Yet, it is hard to challenge the data collected. We do not have contrary evidence." Wolfgang, "A Tribute to a View I Have Opposed," The Journal of Criminal Law and Criminology, at 188.
Wolfgang says there is no "contrary evidence." Indeed, there are more than a dozen national polls—one of which was conducted by The Los Angeles Times—that have found figures comparable to the Kleck-Gertz study. Even the Clinton Justice Department (through the National Institute of Justice) found there were as many as 1.5 million defensive users of firearms every year. See National Institute of Justice, "Guns in America: National Survey on Private Ownership and Use of Firearms," Research in Brief (May 1997).
As for Dr. Kleck, readers of his materials may be interested to know that he is a member of the ACLU, Amnesty International USA, and Common Cause. He is not and has never been a member of or contributor to any advocacy group on either side of the gun control debate.
2 According to the National Safety Council, the total number of gun deaths (by accidents, suicides and homicides) account for less than 30,000 deaths per year. See Injury Facts, published yearly by the National Safety Council, Itasca, Illinois.
3 Philip J. Cook and Jens Ludwig, "Guns in America: National Survey on Private Ownership and Use of Firearms," NIJ Research in Brief (May 1997); available at http://www.ncjrs.org/txtfiles/165476.txt
. The finding of 1.5 million yearly self-defense cases did not sit well with the anti-gun bias of the study’s authors, who attempted to explain why there could not possibly be one and a half million cases of self-defense every year. Nevertheless, the 1.5 million figure is consistent with a mountain of independent surveys showing similar figures. The sponsors of these studies—nearly a dozen—are quite varied, and include anti-gun organizations, news media organizations, governments and commercial polling firms. See also Kleck and Gertz, supra note 1, pp. 182-183.
4 One of the authors of the University of Chicago study reported on the study's findings in John R. Lott, Jr., "More Guns, Less Violent Crime," The Wall Street Journal (28 August 1996). See also John R. Lott, Jr. and David B. Mustard, "Crime, Deterrence, and Right-to-Carry Concealed Handguns," University of Chicago (15 August 1996); and Lott, More Guns, Less Crime (1998, 2000).
5 Jens Ludwig and Philip J. Cook, "Homicide and Suicide Rates Associated With Implementation of the Brady Handgun Violence Prevention Act," Journal of the American Medical Association, vol. 284, no. 5 (August 2, 2000).
6 For football deaths, see Frederick O. Mueller, Annual Survey of Football Injury Research: 1931-2001, National Center for Catastrophic Sport Injury Research (February 2002) at http://www.unc.edu/depts/nccsi/Surve...llInjuries.htm
. For school firearms murders, see Dr. Ronald D. Stephens, "School Associated Violent Deaths," The National School Safety Center Report (June 3, 2002) at http://www.NSSC1.org
. In addition to the 22 murders which occurred on school property or at school-sponsored events, there were another two shooting deaths which were accidents and twelve which were suicides.
7 The BATF estimates that licensed gun dealers sell about 4 million new firearms each year. See US Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Commerce in Firearms in the United States (February 2000), p. 6, which is available at http://www.atf.treas.gov/pub/fire-ex...0400report.pdf
. A similar statistic which tracks with the number of firearms sold is the production of new firearms. According to the American Firearms Industry, there were about 4 million new firearms produced each year during the first half of the 1990s in this country. See American Firearms Industry, Production: 1973-1995 at http://www.amfire.com/production.htm
. Numbers revealing the drop in the U.S. murder rate during the 1990s, can be examined using the FBI’s Uniform Crime Reports. Murders in the United States dropped from a high of 9.4 murders per 100,000 in 1990 to a rate of 5.7 per 100,000 in 1999—a drop of 39%.
8 Accidental gun deaths in the home decreased by 38% between 1990 and 1999. National Safety Council, Injury Facts (2000), p. 125.
9 The CDC study examined gun and ammunition bans, waiting periods, background checks, lock-up your safety laws, plus much more. The inescapable conclusion was that the "evidence was insufficient" to show that such gun restrictions reduced crime rates. [Centers for Disease Control and Prevention, "First Reports Evaluating the Effectiveness of Strategies for Preventing Violence: Early Childhood Home Visitation and Firearms Laws," Morbidity and Mortality Weekly Report (October 3, 2003), vol. 52(No. RR-14):14-18.] It should be noted that Dr. John’s Lott research—made widely available in More Guns, Less Crime (see supra note 4)—was part of the data examined by the CDC. The agency concluded there was no evidence to support the idea that "shall issue" carry laws reduce crime. Despite the agency’s vote of no confidence in Lott’s data, his research has been verified by other independent works, such as the one published in the Stanford Law Review. [Florenz Plassmann and John Whitley, "Confirming ‘More Guns, Less Crime,’" Stanford Law Review (April 16, 2003), vol. 55:1313.]
This law review article by Plassmann and Whitley cites several other studies showing that concealed carry laws have made a positive impact on crime rates—in some cases, finding benefits much greater than what was reported in Lott’s research. Those studies include the following: William Alan Bartley & Mark A. Cohen, The Effect of Concealed Weapons Laws: An Extreme Bound Analysis, 36 ECON. INQUIRY 258, 258-65 (1998); Stephen G. Bronars and John R. Lott, Jr., Criminal Deterrence, Geographic Spillovers, and Right-to-Carry Laws, AM. ECON. REV., May 1998, at 475-79; John R. Lott, Jr. & John E. Whitley, Safe-Storage Gun Laws: Accidental Deaths, Suicides, and Crime, 44 J.L. & ECON. 659, 659-89 (2001); Tomas B. Marvell, The Impact of Banning Juvenile Gun Possession, 44 J.L. & ECON. 691, 691-714 (2001); Carlisle E. Moody, Testing for the Effects of Concealed Weapons Laws: Specification Errors and Robustness, 44 J.L. & ECON. 799, 799-813 (2001); David B. Mustard, The Impact of Gun Laws on Police Deaths, 44 J.L. & ECON. 635, 635-58 (2001); David E. Olson & Michael D. Maltz, Right-to-Carry Concealed Weapon Laws and Homicide in Large U.S. Counties: The Effect on Weapon Types, Victim Characteristics, and Victim-Offender Relationships, 44 J.L. & ECON. 747, 747-70 (2001); Florenz Plassmann & T. Nicolaus Tideman, Does the Right to Carry Concealed Handguns Deter Countable Crimes? Only a Count Analysis Can Say, 44 J.L. & ECON. 771, 771-98 (2001); Eric Helland & Alexander Tabarrok, Using Placebo Laws to Test "More Guns, Less Crime": A Note (Univ. of Chi. Graduate Sch. of Bus., Working Paper, 2002).
10 National Institute of Justice, "Homicide in Eight U.S. Cities: Trends, Context, and Policy Implications," Research Report (December 1997), p. 99.
11 Caroline Wolf Harlow, "Firearm Use by Offenders: Survey of Inmates in State and Federal Correctional Facilities," Bureau of Justice Statistics Special Report (November 2001), p. 1.
12 Daniel Merkle, "America: It’s Our Right to Bear Arms," ABCNews.com (May 14, 2002). The poll of 1,028 adults was conducted between May 8 and 12 of 2002. The poll found that after hearing the text of the Second Amendment verbatim, 73 percent of the American public viewed the amendment as guaranteeing an individual right. Only 20 percent thought the amendment guaranteed the right of a state to maintain a militia.
13 "Zogby American Values Poll Results," The Washington Times (March 28, 2000).
14 Research 2000 of Rockville, Maryland. This survey was conducted from January 30 through February 1, 2002. A total of 1101 likely voters nationally were interviewed by telephone.
15 See supra notes 2 and 3.
17 Don B. Kates, "Guns and Public Health: Epidemic of Violence, or Pandemic of Propaganda?" in Gary Kleck & Kates, Armed: New Perspectives on Gun Control (2001), p.75.
18 "Handgun crime 'up' despite ban," BBC News Online (July 16, 2001) at http://news.bbc.co.uk/low/english/uk...00/1440764.stm
19 John van Kesteren, Pat Mayhew and Paul Nieuwbeerta, "Criminal Victimisation in Seventeen Industrialised Courtries: Key findings from the 2000 International Crime Victims Survey," (2000). This study can be read at http://www.unicri.it/icvs/publications/index_pub.htm
. The link is to the ICVS homepage; study data are available for download as Acrobat pdf files.
20 See supra note 1.
21 See supra note 2.
22 Kleck and Gertz, "Armed Resistance to Crime," at 173, 185.
23 Kleck and Gertz, "Armed Resistance to Crime," at 185.
24 See supra note 3.
25 Kleck, Point Blank: Guns and Violence in America, (1991):111-116, 148.
26 George F. Will, "Are We ‘a Nation of Cowards’?," Newsweek (15 November 1993):93.
27 Id. at 164, 185.
28 Dr. Gary Kleck, interview with J. Neil Schulman, "Q and A: Guns, crime and self-defense," The Orange County Register (19 September 1993). In the interview with Schulman, Dr. Kleck reports on findings from a national survey which he and Dr. Marc Gertz conducted in Spring, 1993—a survey which findings were reported in Kleck and Gertz, "Armed Resistance to Crime."
29 See supra note 4.
30 Lott and Mustard, "Crime, Deterrence, and Right-to-Carry Concealed Handguns."
31 Kathleen O’Leary Morgan, Scott Morgan and Neal Quitno, "Rankings of States in Most Dangerous/Safest State Awards 1994 to 2003," Morgan Quitno Press (2004) at http://www.statestats.com/dang9403.htm
. Morgan Quitno Press is an independent private research and publishing company which was founded in 1989. The company specializes in reference books and monthly reports that compare states and cities in several different subject areas. In the first 10 years in which they published their Safest State Award, Vermont has consistently remained one of the top five safest states.
32 Memo by Jim Smith, Secretary of State, Florida Department of State, Division of Licensing, Concealed Weapons/Firearms License Statistical Report (October 1, 2002).
33 Florida’s murder rate was 11.4 per 100,000 in 1987, but only 5.5 in 2002. Compare Federal Bureau of Investigation, "Crime in the United States," Uniform Crime Reports, (1988): 7, 53; and FBI, (2003):19, 79.
34 From 1988 through 2002, there were 229 documented alligator attacks on human beings in Florida. This does not include any unreported encounters. Interview with Henry Cabbage, Media Relations for the Florida Fish and Wildlife Conservation, Tallahassee, Florida (25 July 2003). By contrast, there were only 155 CCW holders who used their guns during the same period to commit a crime. See supra note 32.
35 John R. Lott, Jr., "Right to carry would disprove horror stories," Kansas City Star, (12 July 2003).
36 The comparison period between Georgia and Wisconsin is for the years 1976 to 1993. The enactment of the national Brady waiting period in 1994 ended the ability to extend, beyond 1993, any comparison of waiting periods and concealed carry laws in states such as Georgia and Wisconsin. Compare FBI, "Crime in the United States," Uniform Crime Reports (1977):45, 53; and FBI, (1994):70, 78.
37 Gary Kleck, "Crime Control Through the Private Use of Armed Force," Social Problems 35 (February 1988):15.
38 Compare Kleck, "Crime Control," at 15, and Chief Dwaine L. Wilson, City of Kennesaw Police Department, "Month to Month Statistics: 1991." (Residential burglary rates from 1981-1991 are based on statistics for the months of March - October.)
39 Kleck, Point Blank, at 140.
40 Kleck, "Crime Control," at 13.
41 U.S. Department of Justice, Law Enforcement Assistance Administration, Rape Victimization in 26 American Cities (1979), p. 31.
42 U.S., Department of Justice, National Institute of Justice, "The Armed Criminal in America: A Survey of Incarcerated Felons," Research Report (July 1985): 27.
45 Warren v. District of Columbia, D.C. App., 444 A. 2d 1 (1981). See also Richard W. Stevens, Dial 911 and Die (1999) which gives the laws and cases in all 50 states to support the statement that government (police) owes no duty to protect individual citizens from criminal attack.
46 Statement of Representative Ron Johnson in U.S. Senate, "Handgun Violence Prevention Act of 1987," Hearing before the Subcommittee on the Constitution of the Committee on the Judiciary (16 June 1987):33.
47 Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics—1990 (1991):257.
48 Interview with Brian A. Reaves, Ph.D., statistician for the Bureau of Justice Statistics in Washington, D.C. (January 11, 2001). In 1996, the total number (estimated) of all law enforcement combined (federal, state and local) that were on duty and assigned to respond to calls at any one time—on the average—was approximately 146,395 officers. There were 265,463,000 people living in the United States in 1996 for an actual ratio of 1,813 citizens for every officer. See also Kleck, Point Blank, at 132.
49 The murder rates for Washington, D.C. and the nation were 26.8 and 8.8 respectively in 1976. Their respective murder rates 25 years later were 40.6 and 5.6. These murder rates are based on the population per 100,000 people. FBI, "Crime in the United States," Uniform Crime Reports (1977 and 2002).
50 FBI, "Crime in the United States," Uniform Crime Reports (October 28, 2002): 77.
51 Id. at 190. According to Arlington County’s Department of Planning, Housing and Development, the population in Arlington, Virginia for 2001 was 190,092.
52 Id. at 85.
53 Gary Kleck, speech delivered to the National Research Council, quoted in Don B. Kates, Jr., "Scholars’ ignorant bias causes anti-gun sentiments," Handguns (June 1991), pp. 12-13.
54 "Gun Critic Shifts His Position," The Denver Post (November 28, 1985).
55 James D. Wright, "Second Thoughts About Gun Control," The Public Interest, 91 (Spring 1988):23, 25.
56 Dave Kopel, "Guns, Germs, and Science: Public Health Approaches to Gun Control," 84 The Journal of the Medical Association of Georgia (June 1995): 272.
58 Congressional Record (May 8, 1991), at H 2859, H 2862.
59 Wall Street Journal (March 3, 1994) at A10.
60 Jonathan T. Lovitt, "Survival for the armed," USA Today (May 4, 1992).
61 U.S. Senate, "The Right to Keep and Bear Arms," Report of the Subcommittee on the Constitution of the Committee on the Judiciary, (1982):12.
62 U.S. v. Verdugo-Urquidez, 494 US 259 (1990).
63 The court stated, "The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any less necessary the immunity of the press from previous restraint in dealing with official misconduct. Subsequent punishment for such abuses as may exist is the appropriate remedy, consistent with constitutional privilege." Near v. Minnesota, 283 U.S. 697, 51 S. Ct. 625, 75 L. Ed. 1357 (1931).
64 Alan Korwin, Brady Law Closes Gun Stores More Than 8 Days, (Bloomfield Press: July 28, 1999). Bloomfield Press can be contacted at http://www.bloomfieldpress.com
65 Richard B. Abell, Assistant Attorney General, Task Force Chairman, Report to the Attorney General on Systems for Identifying Felons Who Attempt to Purchase Firearms (October 1989), p. 75.
66 Bureau of Justice Assistance, Grant Manager’s Memorandum, Pt. 1: Project Summary (September 30, 1994), Project Number: 94-DD-CX-0166.
67 Copy of "FIST" (Firearms Inquiry Statistical Tracking) software at GOA headquarters, Springfield, VA. See also Pennsylvania Sportsmen's News (Oct./Nov. 1996). The default in the "FIST" computer software is for the police officials to indefinitely retain the information on gun owners—despite the fact that the Brady law only allows officials to retain this data for 20 days. One wonders who will ensure that this information will be deleted after the 20th day.
68 Mike Slavonic, NRA Director and Chairman of the Legislative Committee for the Allegheny County Sportsmen's League, states that the instant background check could be "our downfall." He notes that, "What most Americans don't know is that once instant check goes into effect in 1998 the purpose of Brady could be used to set the stage for national confiscation. Instant check could eventually keep guns out of the hands of everyone by registering everyone who purchases a handgun, rifle and shotgun and who obtained concealed weapons permits in a computerized database like ‘FIST’. The most difficult problem with a gun ban is locating the firearms. FIST [with the help of the instant check], over time, could solve that problem." Slavonic, "Another Gun Database Discovered," Pennsylvania Sportsmen's News (Oct./Nov. 1996) at 7.
69 FBI’s Final Rule printed in the Federal Register (October 30, 1998) at 58311. After the FBI submitted its proposed regulations on June 4, 1998, Gun Owners of America submitted written comments (in September of 1988) to challenge the FBI’s regulations. GOA stated, "These proposed regulations are unlawful and unconstitutional. They are so fundamentally corrupt that there are no incremental changes which will even marginally improve them. Rest assured that they will be challenged in every possible judicial and legislative forum. . . . The efforts to retain information on gun owners for eighteen months—and indefinitely in your computer backup system—constitutes an illegal system of firearms registration, in violation of 18 U.S.C. 926. The same is, in fact, true even for efforts to retain information about persons prohibited from purchasing firearms."
70 David B. Kopel, Policy Review 63 (Winter 1993):6.
71 Kopel, ed., Guns: Who Should Have Them? (1995) at 88, 117 (fn. 75), and 122 (fn. 124).
72 See supra note 5.
73 Scully, "Supremacist’s shooting spree could spur gun control moves," The Washington Times (July 8, 1999).
74 Attorney General Betty D. Montgomery, "The U.S. Supreme Court’s Action in Striking Portions of the Brady Act," News Statement (June 30, 1997).
75 Department of Justice, "Survey of Incarcerated Felons," p. 36.
76 Pierre Thomas, "In the Line of Fire: The ‘Straw Purchase’ Scam," The Washington Post (August 18, 1991); and Thomas, "Va. Driver's License is Loophole for Guns: Fake Addresses Used in No-Wait Sales," The Washington Post (January 20, 1992).
77 National Institute of Justice, "Homicide in Eight U.S. Cities: Trends, Context, and Policy Implications," Research Report (December 1997), p. 99.
78 Meghan Hoyer, "Brady Act results overstated in Indiana," Indianapolis Star and News (June 23, 1998).
79 See General Accounting Office, "Gun Control: Implementation of the Brady Handgun Violence Prevention Act," Report to the Committee on the Judiciary, U.S. Senate, and the Committee on the Judiciary, House of Representatives (January 1996), p. 8.
80 The Washington Times noted in July of 1999 that:
Although federal officials say about 400,000 persons have been prevented from buying guns by the instant check system, only one has been prosecuted by the Department of Justice in the last three years. [Sean Scully, "Supremacist’s shooting spree could spur gun control moves," The Washington Times (July 8, 1999).]
That made for a whopping total of just eight prosecutions and merely three persons sent to jail in the first five years the Brady Law was in existence. One certainly had to conclude that the Brady Law was not working to put criminals behind bars. There are no reliable, government statistics that regularly update the public on how many Brady violators are being incarcerated. However, everyone agrees the number is very low. For example, a training manual produced by Handgun Control, Inc., guides its activists in how to answer a question regarding the low number of convictions under the Brady Law. The manual basically says, when you are asked why so few people are being sent to jail under Brady, just ignore the question. The question posed in the manual reads: "Q: You claim that the Brady Law works, why have only 7 people been convicted for violating the law?" To answer this question, the manual encourages activists to go on the offensive and say the following: "A quarter-million high-risk people have been stopped from buying firearms since 1994, and that was always the point of the Brady law. Ninety percent of Americans agree that background checks and waiting periods are sensible regulations that protect public safety. With the success of the Brady law, the only people who continue to oppose regulating guns like other products are the gun lobby and the politicians who receive their enormous campaign contributions." [Naomi Paiss, "Sense and Sanity: A Guide to Talking about Gun Control," Handgun Control, Center to Prevent Handgun Violence (November 1997).] In other words, since there is no good answer to this question, from their perspective, activists are to remember three words: Attack, Attack, Attack.
81 Of persons denied the right to purchase a firearm under the Brady Law, 7.6 percent of the denials involved routine traffic stops. Another 38.9 percent were the result of administrative snafus. Only 44.7 percent of denials were as a result of felony convictions, and many of these resulted from white collar crimes and ancient peccadilloes which would not suggest that the person would pose a danger. Id., at 39-40, 64-65.
82 Id., at 4.
84 On August 16, 1991, New York City Mayor David Dinkins signed Local Law 78 which banned the possession and sale of certain rifles and shotguns.
85 John Marzulli, "Weapons ban defied: S.I. man, arsenal seized," Daily News (September 5, 1992).
86 "Thousands of Californians Become Instant Criminals," The New Gun Week (March 1, 1998). See also "Gun Confiscation Begins: Gun Law Victim Holds Press Conference and Turns in Gun to Local Officials," NRA Press Release (January 28, 1998).
88 To read a photocopy of this notice, go to http://www.gunowners.org/fs9906.htm
90 David Kopel, "Trust the People: The Case Against Gun Control," [Cato Institute] Policy Analysis 109 (July 11, 1988):25.
91 Jay Simkin, Aaron Zelman and Alan M. Rice, Lethal Laws: "Gun Control" is the Key to Genocide, (Milwaukee: Jews for the Preservation of Firearms Ownership, 1994).
92 Senate, "Handgun Violence," at 107, citing Novae Russkae Slovo, Vol. LXXII, No. 26.291, (6 Nov. 1983).
93 Kopel, "Trust the People," at 26.
94 Id., at 25-26.
95 U.S. News & World Report, (17 January 1994): 8.
96 Lamont v. Postmaster General, 381 U.S. 301, 85 S. Ct. 1493, 14 L. Ed. 2d 398 (1965).
97 Dr. Edward Ezell presented testimony before the Senate Subcommittee on the Constitution in 1989, and while doing so, helped clarify the true definition of an "assault rifle." The subcommittee record reports the following credentials for Dr. Ezell: Curator of the National Firearms Collection at the Smithsonian Institution's National Museum of American History, and founding Director of the Institute for Research on Small Arms in International Security.
98 Statement by Edward Ezell, "Assault Weapons," Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, U.S. Senate, (5 May 1989):396.
99 Defense Intelligence Agency, Small Arms Identification and Operation Guide—Eurasian Communist Countries (Washington, D.C.: Government Printing Office, 1988):105, cited in Kopel, Guns: Who Should Have Them? at 162.
100 Kleck, Point Blank, at 70.
101 Senate, "Assault Weapons," at 396.
102 Officer William R. McGrath, "An Open Letter to American Politicians," The Police Marksman (May/June 1989): 19.
105 Congressional Record, 13 September 1990:E 2826, citing [Police Advertisement], Roll Call, 3 September 1990. Also, see Howard Schneider, "Gun Owners Take Shot at Schaefer Assault-Weapon Bill," The Washington Post (February 15, 1991).
106 Iver Peterson, "Both Sides Say Trenton's Ban on Assault Rifles Has Little Effect on Crime," The New York Times (June 20, 1993).
108 U.S. Department of Justice, Bureau of Justice Statistics, "Survey of State Prison Inmates, 1991" (March 1993):18.
109 FBI, "Crime in the United States," (1994):18.
110 Matt L. Rodriguez, Superintendent of Police for the City of Chicago, 1993 Murder Analysis at 12, 13.
111 Compare FBI, "Law Enforcement Officers Killed and Assaulted," Uniform Crime Reports, for the years 1989 (0 officers); 1990 (two officers), at 24, 36; 1991 (three officers), at 40, 41, 45; 1992 (two officers), at 46; 1993 (2 officers), at 41, 45.
Note: In 1993, there were three officers who died by unknown firearms which possibly could have been classified as semi-automatic "assault weapons." (FBI, "Law Enforcement Officers Killed and Assaulted, 1993," at 55.) These three died at Waco, Texas—a jury later finding that authorities had provoked the residents at Mt. Carmel into firing. (Carol Moore, The Davidian Massacre (1995): 450.) Also supporting this view were two BATF agents who initially told the Texas Rangers that authorities had fired first upon the Davidians. (J.L.Pate, "Prosecution Against Waco Survivors Begins," The New Gun Week, (11 February 1994):5.) Despite the jury’s finding that authorities provoked the residents in Mt. Carmel into firing, Newsweek and other news sources have pointed out that the officers might have died from "friendly fire." ("Was it Friendly Fire? In the bungled Waco raid, federal agents may have been shot by their own men," Newsweek, (5 April 1993):50.)
112 In the five years of 1989 to 1993, 30 officers were killed by their own service weapons. By contrast, only 9 officers were killed by so-called assault weapons. Id, for the years 1989, at 4; 1990, at 4, 24, 36; 1991, at 4, 40, 41, 45; 1992, at 4, 46; 1993, at 4, 41, 45.
113 In the five years of 1989 to 1993, 15 officers were killed by knives and blunt objects. By contrast, only nine officers were killed by so-called assault weapons. Compare FBI, "Officers Killed," for the years 1989, at 4, 13, 26; 1990, at 4, 12, 24, 36; and 1991, at 4, 40, 41, 45; 1992, at 4, 46; 1993, at 4, 13, 41, 45.
114 By using an inflated definition of "assault weapon," HCI attempts to "show" that these guns killed 36 percent (a minority) of the policemen who were murdered between January 1, 1994 and September 30, 1995. Of course, HCI's figure wildly departs from the 1% figure given by official government studies. (See supra note 108.) See Handgun Control, Inc., Cops Under Fire: Law Enforcement Officers Killed with Assault Weapons or Guns with High Capacity Magazines, (29 November 1995):2.
115 Id. The HCI study borrowed the very expansive definition of semi-automatic firearm from the Clinton gun ban which passed in 1994. This definition is so broad that it covers over 180 types of firearms, including reproductions of the 1873 Winchester and the 1860 Henry Rifles. (While the Clinton gun ban exempted reproductions of these two guns under section 922(v)(3) of Title 18—the provisions defining what a semi-automatic "assault weapon" is—the ban did not exempt these rifles under section 922(w)—the provision banning high-capacity magazines. Both of these rifles have tubular-fed magazines holding over 10 rounds, thus making them banned firearms.)
The generic definition for an "assault weapon" in the Clinton gun ban would include many, many other guns, had the law failed to specifically exclude several hundreds of common guns which would have easily fallen under the definition of an "assault weapon."
Not surprisingly, by using President Clinton's over-inflated definition of an "assault weapon," HCI was able to find more and more of these guns killing officers. To extend their logic, if HCI figures a way to define ALL guns as "assault weapons," then it will be able to claim that these "assault weapons" comprise 100 percent of the guns that kill policemen.
Even so, HCI has now encountered a dilemma with the publishing of their study: their study "shows" that there has been a dramatic increase in the number of policemen being killed by so-called assault weapons AFTER the ban was put in place. (HCI claims that 36% of the guns killing officers are "assault weapons," but the government’s own pre-ban figures show the number was only one percent. See supra note 108.) Thus, either HCI's data is wrong, or it must concede that gun control INCREASES the threat to police officers.
116 Keith Bea, Congressional Research Service, "‘Assault Weapons’: Military-Style Semiautomatic Firearms Facts and Issues," CRS Report for Congress (13 May 1992, Technical Revisions: 4 June 1992): 65.
117 Id. at 67.
118 Id. at 69.
119 Kleck, Point Blank, at 75.
120 Massad Ayoob, "Defending Firepower," Combat Handguns (October 1990), p. 71.
121 Id. at 70.
122 Id. at 25.
123 Id. at 71.
124 "Koreans make armed stand to protect shops from looters," Roanoke Times & World-News, 3 May 1992.
125 U.S. Senate, "The Right to Keep and Bear Arms," Report of the Subcommittee on the Constitution of the Committee on the Judiciary (1982):7.
126 U.S. v. Miller, 307 U.S. 174 (1939).
127 The Institute of Medicine says the number of yearly deaths in the United States resulting from medical errors ranges from 44,000 to 98,000 people. See Linda T. Kohn, Janet M. Corrigan, and Molla S. Donaldson, ed., "To Err is Human: Building a Safer Health System," National Academy Press (2000). The full text of this report is available at http://www.nap.edu/books/0309068371/html
128 From 1970 to 1991, the number of fatal gun accidents for children aged 0-14 declined from 530 to 227. Kopel, Guns: Who Should Have Them? at 311. And according to the National Safety Council, the decline has continued as there were only 142 fatal gun accidents for children in that age group in 1997. National Safety Council, Injury Facts: 2000 Edition, at 18.
129 Kleck, Point Blank, at 271, 276.
130 Id. at 286.
131 Id. at 276, 277.
132 According to Dr. Kleck, the number of children who take guns to school is between 16,000 and 17,000 students on any given day—or about 1 in every 800 high school students. Kleck, cited in Kopel, Guns: Who Should Have Them?, at 323.
133 See supra note 6.
134 National Safety Council, Injury Facts: 2000 Edition, p. 10, 11, 18.
135 Alan Korwin, Researcher Finds Federal Gun Law Grew Nearly 6% in 1998, at http://www.bloomfieldpress.com/6percent.htm
136 Kopel, Guns: Who Should Have Them?, at 355.
137 Id., at 356.
138 Id., at 359.
139 Id., at 360. Kopel notes how several infamous criminals—such as John Hinckley (who shot Jim Brady) and George Hennard (who killed 22 people at Luby's Cafeteria in Killeen, Texas)—were each reenacting scenes from movies that they had previously seen or studied.
140 Steve Twomey, "Indiscretions That Are Not So Youthful," The Washington Post (December 6, 1993).
141 Christine Biegler, "Fearing crime, more women buy firearms," The Washington Times (November 19, 1992).
142 Paxton Quigley, Armed & Female (1989): 7.
143 According to Dr. Gary Kleck, about 205,000 women use guns every year to protect themselves against sexual abuse. Kleck and Gertz, "Armed Resistance to Crime," at 185.
144 Don B. Kates, Jr., Guns, Murders, and the Constitution: A Realistic Assessment of Gun Control (1990), at 29, citing U.S. Bureau of Justice Statistics.
145 Id., at 25, 26.
146 Dr. Edgar A. Suter, "Guns in the Medical Literature—A Failure of Peer Review," The Journal of the Medical Association of Georgia, vol. 83 (March 1994):136.
147 Kleck and Gertz, "Armed Resistance to Crime," at 173, 185.
148 Don B. Kates, "Guns and Public Health: Epidemic of Violence, or Pandemic of Propaganda?" in Gary Kleck & Kates, Armed: New Perspectives on Gun Control (2001), p. 79.
149 Ibid., p. 75.
150 Ibid., p. 76.
151 Criminal histories of murder victims is based on statistics from the city of Chicago: Matt L. Rodriguez, Superintendent of Police for the City of Chicago, 1997 Murder Analysis, at 21; 1996 Murder Analysis, at 21; and 1995 Murder Analysis, at 21. For the city of Chicago, 76% of murderers have prior criminal records. For criminal histories of murderers nationwide, see Bureau of Justice Statistics, National Update (October 1991): 4.
152 Bureau of Justice Statistics, National Update, at 4.
153 Kleck, Point Blank, at 393, 394; Colin Greenwood, Chief Inspector of West Yorkshire Constabulary, Firearms Control: A Study of Armed Crime and Firearms Control in England and Wales (1972):31; David Kopel, The Samurai, the Mountie, and the Cowboy: Should America Adopt the Gun Controls of Other Democracies (1992):91, 154.
154 Dr. John R. Lott, Jr., "Gun laws don’t reduce crime," USA Today (May 9, 2002). See also Rhett Watson and Matthew Bayley, "Gun crime up 40pc since Port Arthur," The Daily Telegraph (April 28, 2002). See also supra note 155.
155 Gary A. Mauser, "The Failed Experiment: Gun Control and Public Safety in Canada, Australia, England and Wales," Public Policy Sources (The Fraser Institute, November 2003), no. 71:4. This study can be accessed at http://www.fraserinstitute.org/share...sNav=pb&id=604
156 "Handgun crime 'up' despite ban," BBC News Online (July 16, 2001) at http://news.bbc.co.uk/low/english/uk...00/1440764.stm
. England is a prime example of how crime has increased after implementing gun control. For example, the original Pistols Act of 1903 did not stop murders from increasing on the island. The number of murders in England was 68 percent higher the year after the ban’s enactment (1904) as opposed to the year before (1902). (Greenwood, supra note 153.) This was not an aberration, as almost seven decades later, firearms crimes in the U.K. were still on the rise: the number of cases where firearms were used or carried in a crime skyrocketed almost 1,000 percent from 1946 through 1969. (Greenwood,
supra note 153 at 159.) And by 1996, the murder rate in England was 132 percent higher than it had been before the original gun ban of 1903 was enacted. (Compare Greenwood, supra note 153, with Bureau of Justice Statistics, Crime and Justice in the United States and in England and Wales, 1981-96, Bureau of Justice Statistics, October 1998).
157 "Crime rising in Japan, while arrests at record low: police," AFP News (August 3, 2001); "A crime wave alarms Japan, once gun-free," The Philadelphia Inquirer, 11 July 1992.
158 "Most Crime Worse in England Than US, Study Says," Reuters (October 11, 1998). See also Bureau of Justice Statistics, Crime and Justice in the United States and in England and Wales, 1981-96 (October 1998).
159 See BJS study, supra note 158 at iii.
160 John van Kesteren, Pat Mayhew and Paul Nieuwbeerta, "Criminal Victimisation in Seventeen Industrialised Courtries: Key findings from the 2000 International Crime Victims Survey," (2000). This study can be read at http://www.unicri.it/icvs/publications/index_pub.htm
. The link is to the ICVS homepage; study data are available for download as Acrobat pdf files.
161 Ian Henry and Tim Reid, "Crime figures a sham, say police," The Electronic Telegraph (April 1, 1996).
162 Tim Reid, "Police are accused of fiddling crime data," The Electronic Telegraph (May 4, 1997).
163 John Steele, "Police figures under-record offences by 20 percent," The Electronic Telegraph (July 13, 2000).
164 See supra note 161.
167 See supra note 162.
168 Dave Kopel, Dr. Paul Gallant and Dr. Joanne Eisen, "Britain: From Bad to Worse," NewsMax.com (March 22, 2001).
169 The number of people killed by their own government in Europe averages about 400,000 for the last 70 years. This includes Hitler’s extermination of Jews, gypsies and other peoples (20,946,000); Stalin’s genocide against the Ukrainian kulaks (6,500,000); and more. R.J. Rummel, Death by Government (2000), pp. 8 and 80.
170 At our historic worst, murders in the United States approached 25,000 in 1993—or 23,180 to be exact. So even applying our highest single-year tally over the past 70 years would mean that Europeans have experienced 16 times as many murders as we have in the United States.
171 THE FEDERALIST 46 (James Madison).
172 FBI, "Crime in the United States" (1996): 58.
173 United States Senate, A Majority Staff Report prepared for the use of the Committee on the Judiciary, 1991 Murder Toll: Initial Projections (August 1991).
174 Gary Fields, "Gun Conundrum: More on Streets, Fewer Reports of Deaths, Woundings," The Wall Street Journal (December 11, 2000).
175 See supra note 4.
176 U.S. Senate, "The Right to Keep and Bear Arms," Report of the Subcommittee on the Constitution of the
Committee on the Judiciary (1982): 8-17.
177 Id., at 12.
178 U.S. v. Verdugo-Urquidez, 494 US 259 (1990).
179 U.S. v. Lopez, 514 US 549 (1995).
180 Printz v. U.S., 521 US 98 (1997).
181 David B. Kopel, Stephen P. Halbrook and Alan Korwin, Supreme Court Gun Cases: Two Centuries of Gun Rights Revealed (2004), p. 75. The quote in the text comes from an article in the book by Kopel. The article is entitled, "The Supreme Court’s Thirty-five Other Gun Cases: What the Supreme Court has said about the Second Amendment."
182 U.S. Senate, "The Right to Keep and Bear Arms," at 9. See also Stephen P. Halbrook, That Every Man be Armed: The Evolution of a Constitutional Right (1984): 107-153.
The Senate sponsor of the 14th Amendment, Senator Jacob Howard (R-MI), said the Amendment would force the states to respect "the personal rights guaranteed and secured by the first eight amendments of the Constitution; such as freedom of speech and of the press; . . . the right to keep and bear arms . . . ." Cong. Globe, 39th Cong., 1st Sess., pt. 3, 2765 (23 May 1866), cited in Halbrook, at 112.
The House author of the 14th Amendment, Rep. John Bingham (R-OH), said that the first eight amendments to the U.S. Constitution "never were limitations upon the power of the States, until made so by the fourteenth amendment. The words of that amendment, ‘no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,’ are an express prohibition upon every State of the Union." Cong. Globe, 42d Cong., 1st Sess., pt. 2, Appendix, 84 (31 Mr. 1871), cited in Halbrook, at 146. (Rep. Bingham stated that the "privileges and immunities of citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States.")
That the Fourteenth Amendment was intended, among other things, to prevent states from disarming black citizens is clear. During debate over the 14th Amendment, Senator Thomas Hendricks (D-IN) bragged that "colored" people in his state do not enjoy the same rights as white people. Thus, he opposed adoption of the 14th Amendment because among other things, it would grant Second Amendment rights to the "negroes, the coolies, and the Indians." Cong. Globe, 39th Cong., 1st Sess., pt. 3, 2939 (4 June 1866) cited in Halbrook, at 113.
183 Public Law 99-308, Sect. 1(b).
184 Elliot, 3:425.
185 [Richard Henry Lee], Letters from the Federal Farmer to the Republican, ed. Walter Hartwell Bennett (Alabama: The University of Alabama Press, 1978): 124.
186 Militia Act of 1792, printed in John F. Callan, The Military Laws of the United States (Baltimore: John Murphy & Co., 1858): 65.
187 U.S. Senate, "The Right to Keep and Bear Arms," Report of the Subcommittee on the Constitution of the Committee on the Judiciary (1982):7.
188 Title 10 of the U.S. Code (Sec. 311) also defines the Militia to include "female citizens of the United States who are members of the National Guard." The Code then divides the Militia into two groups—the "unorganized" militia (the body of the people) and the "organized" militia (the National Guard). This two-fold division of the Militia was not added to federal law until 1903.
189 U.S. v. Miller, 307 U.S. 174 (1939).
190 Kimi Yoshino, "Gun advocates say fear of liability keeps parents from teaching survival skills," The Fresno Bee (August 26, 2000).
191 William Rasberry, "Ask A.D. Parker about gun control," The Denver Post (March 20, 2000).
192 Gerald Mizejewski, "Device wins police praise but fails to move skeptics," The Washington Times (March 23, 2000).
193 Interview with Sammy Gravano in Howard Blum, "The Reluctant Don," Vanity Fair (September 1999), p. 165.
194 In Gun Facts, Guy Smith astutely observes that pollsters will often use questions like "If it reduced crime, would you favor stronger gun control laws." These questions, he says, are then rephrased in an editor’s headline to read "Americans demand gun control" while ignoring the leading goal of reducing crime. These surveys also fail in one other important respect, Smith says. They fail to ask counter balancing questions to prove/disprove any bias in questions. For example, a counter-balancing question might be "If it were shown that gun control laws were ineffective in preventing crime, would you favor enacting more gun control laws?" Guy Smith, Gun Facts (2001) at http://www.KeepAndBearArms.com/images/gunfacts.pdf
195 Jack Kelly, "Moms Make Too Much of Guns," The Baltimore Sun (May 22, 2001).
196 Liz Marlantes, "Democrats tone down gun-control stance: After years of pushing restrictions, they're on a new quest to capture southern votes," The Christian Science Monitor (May 10, 2002).
197 Noam Scheiber, "The Dems abandon gun control: Gun shy," The New Republic Online (January 24, 2001).
198 Susan Page, "Democrats sing new tune on gun control," USA Today (August 13, 2001).
199 Evelyn Theiss, "Clinton blames losses on NRA," The (Cleveland) Plain Dealer (January 14, 1995).
200 President Bill Clinton, State of the Union Address (January 24, 1995).
201 The White House, Office of the Press Secretary, "Remarks by the President and the First Lady on Gun Control Legislation," White House Briefing Room (April 27, 1999).
202 President Bill Clinton on ABC’s Good Morning America (June 4, 1999).
203 Brady O’Leary, "Fire Power: Surprising poll results and election returns show that the National Rifle Association had a lot more to do with November 8 than most pundits realize," Campaigns & Elections (December/January 1995), pp. 32-34.
204 Michelle Malkin, "Feminization of gun debate drowns out sober analysis," Seattle Times (June 23, 1998).
205 "Election 98," Milwaukee Journal Sentinel (November 5, 1998).
206 "Ballot Issues," Chicago Sun-Times (November 10, 1994). Neal Knox, "Referendums Defeated In Milwaukee, Kenosha," Online Report to the Firearms Coalition (January 10, 1995).at http://www.rkba.org/knox/9jan95
207 Josh Sugarman, The National Rifle Association: Money, Firepower and Fear (1992) at http://www.vpc.org/nrainfo/chapter2.html
208 Tanya Metaksa, "The Price of Appeasement," FrontPageMagazine.com (October 24, 2000).
209 Daniel Merkle, "America: It’s Our Right to Bear Arms: ABCNEWS.com Poll Finds Most Support Individuals' Right to Own Guns," ABCNEWS.com (May 14, 2002). The poll of 1,028 adults was conducted between May 8 and 12 of 2002. The poll found that after hearing the text of the Second Amendment verbatim, 73 percent of the American public viewed the amendment as guaranteeing an individual right. Only 20 percent thought the amendment guaranteed the right of a state to maintain a militia.
210 "Zogby American Values Poll Results," The Washington Times (March 28, 2000).
211 Research 2000 of Rockville, Maryland. This survey was conducted from January 30 through February 1, 2002. A total of 1101 likely voters nationally were interviewed by telephone.
212 Nancy Wong, "American Confidence in Bush Remains High Post Attacks," Harris Interactive (October 3, 2001) at http://www.harrisinteractive.com/new...asp?NewsID=369
213 "Poll: Majority Support Guns in the Cockpit," U.S. Newswire (May 14, 2002) at http://www.usnewswire.com/topnews/first/0514-127.html
214 Carla Crowder, "Gun-Control Opinions Unchanged," Denver Rocky Mountain News (May 20, 1999). The Colorado News Poll was conducted between May 6 – 16 of 1999 for the Denver Rocky Mountain News and News4 in Denver. Results were based on 600 random phone interviews with Coloradans.
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