Americas gun problem has something in common with pornography: it may be hard to define, but Americans know it when they see it.
Its a complex topic many wish to solve with simple solutions. Assault weapon bans are currently popular. Who can blame anybody for wanting to rid the country of a soulless, inanimate object they hold responsible for so much death and grief?
The increase in mass shootings is why public opinion polls show a dramatic uptick in support for gun control measures. Yet there is no actual definition of a mass shooting (whenever a news item quotes statistics, ask what definition is in use), or of an assault weapon, for that matter.
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Congress wrestled with that question in 1994 when it passed the ten-year Federal Assault Weapon Ban. The debate included charts, Venn diagrams, statistical analyses, personal anecdotes, authentic weapons, and toy copies.
Congress passed a ten-year ban on the manufacture, transfer, and possession of eighteen specific models of weapons and others with military-style features. Also prohibited in the assault weapon bans were high-capacity magazines that held more than ten bullets. The law included a grandfather clause for weapons already in the owners possession.
Analysis conducted after the ban expired in 2004 suggests it didnt have much impact. At best, the data is inconclusive.
A study by researchers at the University of Pennsylvania and Texas A&M University in 2016 concluded that the 1994 assault weapons ban did not affect mass shootings. The study looked at all mass shootings in the United States between 1982 and 2012 and found that the number of mass shootings did not change significantly during the years that the ban was in effect. Other projects found similar results.
Proponents say mass shootings were lower during the ban, but they cant control other societal variables, which they usually say is the explanation for crime. Further, the sample size is too small to be significant. Some suggest the ban would be more effective if implemented longer.
Prohibition lasted thirteen years in the U.S. and wasnt becoming more effective by the time it ended because bans dont work.
The Controlled Substances Act was passed in 1970. The following year, Richard Nixon declared a War on Drugs. The University of Pennsylvania estimates that by 2021 (the 50th anniversary of Nixons declaration), the U.S. had spent $1 trillion fighting that war. Hows that going?
What bans have worked? Prostitution, gambling, speeding? Why would anybody think assault weapon bans would be different?
That doesnt mean we shouldnt have laws. First, we have laws. Murder is pretty much illegal. Murderers can receive the death penalty from the federal government and in 27 states. However, governors have imposed moratoriums in three, including Pennsylvania (in February, Governor Josh Shapiro announced he would continue Tom Wolfs policy and sign reprieves). Second, we already have gun laws. Third, this involves a constitutional right.
Friends remind me that other countries ban firearms altogether and dont have gun crimes. These countries also dont have our Second Amendment which, at the same time, these friends tell me they dont want to infringe.
The place to start isnt by shredding the Bill of Rights. Not even if it makes some people feel better.
The Bill of Rights limits the federal governments power: It cant limit free speech, establish a state religion, stop assemblies, quarter troops in private residences, etc. The Second Amendment prevents the government from infringing on the right of the people to keep and bear arms. It was so important that the framers put it directly after freedom of speech, religion, and assembly. The Supreme Court has ruled that it is an individual right unconnected to militia service.
The Second Amendment isnt the only attribute that separates the United States from every other country on earth the years I spent working internationally taught me how unique we are.
As more heinous crimes committed by evil people happen, pressure will mount on Congress to take action any action. Theres a good chance Congress will pass a law banning assault weapons, however it defines it now.
Handguns are used to kill far more Americans than assault weapons. Further, it isnt difficult to convert many types of firearms into semi-automatic weapons.
Once the Second Amendment is malleable enough to ban one type of firearm, and gun deaths remain high, its not a reach to imagine the calls to ban more guns or Congress agreeing.
Gun control advocates like to use words like common sense. We should use common sense before resorting to yet another ineffective ban. Perhaps people against the ban can find room to compromise, such as:
Then maybe people inclined to ban weapons can agree on a couple of other common sense measures to try first, such as:
Assault weapon bans will have a short-term placebo effect and make some people feel better at the expense of constitutional rights. Ultimately, it wont make anybody safer, and giving up constitutional rights stands to make everybody less free.
Bad people do bad things. The human mind has an unlimited capacity for thinking of evil ways to hurt others. Whether its converting another gun into a semi-automatic weapon, using a vehicle for mass murder, a knife, sledgehammer, or ax, or turning a truck or an airplane into a lethal weapon, it will take more than banning one type of weapon from stopping mass murderers.
The place to start isnt by shredding the Bill of Rights. Not even if it makes some people feel better.
Andy Bloom is president of Andy Bloom Communications. He specializes in media training and political communications. He has programmed legendary stations including WIP, WPHT and WYSP/Philadelphia, KLSX, Los Angeles and WCCO Minneapolis. He was Vice President Programming for Emmis International, Greater Media Inc. and Coleman Research. Andy also served as communications director for Rep. Michael R. Turner (R-Ohio). He can be reached by email at andy@andybloom.com or you can follow him on Twitter @AndyBloomCom.
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Andy Bloom: Assault weapon bans won't make things better - Broad + Liberty