Okay, I hate long posts, but I thought I would Fisk this editorial. feel very free to skip this if you don't like long articles. I shall reply to some of its fallacies.
http://www.jsonline.com/story/index.aspx?id=424937
Editorial: There is a middle ground
From the Journal Sentinel
Posted: May 18, 2006
Welcome to Milwaukee, members of the National Rifle Association.
Yes, this Editorial Board does have differences of opinion with the NRA. Maybe your visit will allow us to learn more about your perspective. And maybe, conversely, your annual foray into an urban center will open your eyes just a bit to a view opposite yours.
Maybe this interaction will uncover a middle ground on which reasonable people can stand. Goodness gracious, we believe in your right to hunt.
What do I care about a right to hunt? I am not a hunter. I am concerned with defending myself and my family from armed criminals. The U.S. constitution does not limit the right to keep and bear arms to hunting implements only. Nor does it refer to hunting at all as a reason for keeping and bearing arms.
Other gun owners like to shoot for recreation, some like to collect antique (or modern) firearms. There are many reasons for owning firearms. Hunting is only one of those many reasons.
And your efforts to teach gun safety are laudable. We'll put that in writing. Can this be a starting point of a meeting of minds?
That’s possible, but I doubt it. This very editorial is full of the very reasons our minds are not likely to meet. You seem to have a whole series of pre-conceived opinions that you, unfortunately, cannot back up with facts.
What we do have a hard time buying is that military-style, semiautomatic weapons are essential to the right to hunt.
Okay, a couple of points here. Once again, we aren’t necessarily talking about hunting. Yet your repeated references seem to make clear that in your view the only valid reason for firearms ownership is for hunting. Perhaps you should reread the U.S. constitution, or for that matter, the Wisconsin state constitution:
"
Right to Keep and Bear Arms. Section 25. The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
Firearms ownership may be for security, defense, hunting, recreation, or any other lawful purpose. Your repeated reference to hunting seem to indicate a derogation of other legitimate reason to keep and bear arms.
Not only so, but when you say “military-style, semiautomatic weapons” aren’t necessary for hunting, you seem not to understand that most hunting rifles use exactly the same technology as most modern “military-style, semiautomatic weapons”. Most hunting rifles are semi-automatic weapons, too. Are you simply objecting to the “military-style”? Do you really believe it makes a difference whether a rifle has a nice-looking wooden stock or an evil-looking black polymer stock?
You ask: “Can this be a starting point of a meeting of minds?”
I can only reply: “I doubt it. You don’t seem to be making any sort of effort at all to understand even the simplest points of firearms ownership”.
Yet in backing a federal ban on such weapons, we find ourselves accused of trying to outlaw all guns.
That is because the suggestion to outlaw all guns has been made repeatedly and continues to be made. Don’t you remember Senator Diane Feinstein and Rosie O’Donnell claiming that only the police and the military should be allowed to have firearms? When the Brady Bill was passed, Senator Charles Schumer of New York said that this was just the nose of the camel under the tent. We don’t want to wait to see the rest of the camel…
These rapid-fire weapons
What rapid-fire weapons? You were referring to semi-automatic rifles. Does semi-automatic mean “rapid-fire”? Or do you simply use “rapid-fire” to make your readers think that we are somehow discussing fully automatic weapons? Machine guns have been strictly limited in this country since 1934. Are you somehow trying to imply that the NRA wants to overturn the law as it is written?
These rapid-fire weapons are a favorite of organized gangs and mass killers and a peril to law officers. So as we see it, the NRA's successful lobbying to lift that ban aids the bad guys.
Okay, you’re a newspaper. You are responsible to report the news. How about some facts to back up that statement? What gangs use “rapid-fire” weapons?
Unless, of course, you are referring to the standard, over-the-counter, semi-automatic pistols that are used regularly and daily by police and citizens alike. What “rapid-fire” weapons do these organized gangs and mass killers possess that are not the common firearms available to us all? If you are trying to ban these common, ordinary, “rapid-fire” weapons, are you not “trying to outlaw all guns”?
So as we see it, the NRA's successful lobbying to lift that ban aids the bad guys.
Sorry, rather than trying to make a case, you are just throwing dust in the air. What ban did the NRA successfully lobby to lift? Are you referring to the phoney “Assault Weapons Ban”? That law was only good for ten years. It’s passage in 1993 resulted in turning the control of the congress over to the Republicans in 1994. Don’t just say the NRA didn’t care for that law, say that the majority of registered voters didn’t care for it either.
By the way, how many arrests were made under that ban? And what effect did it have on reducing crime? Again, you’re a newspaper. Report the news. Recent studies have shown that the so-called “Assault Weapons Ban” had no effect whatsoever on reducing crime. That law was allowed to expire because it was completely ineffective and utterly abhorrent to a majority of voters.
Ditto for NRA's opposition to closing the gun-show loophole in the Brady Law, which requires licensed gun dealers to check with the FBI the background of buyers to ensure that they aren't felons or otherwise ineligible to own firearms.
Let us be very clear about this (since the media has been characteristically unclear), all federally licensed firearms dealers must run a background check on all of their purchasers. It doesn’t matter whether the purchase takes place at a gun show or at their stores. All dealers must run the background check for every sale. If more than one gun is purchase, that must be reported, too. There is no loophole there.
The rule does not apply to unlicensed dealers,
That’s right! If someone, anyone, wants to sell his firearm to his neighbor; he can do it without running a background check. There is no federal restriction on such a transfer. If a father or a grandfather wants to pass along a treasured firearm to a son or a grandson, he may do so without having to run a federal background check. That is the “gun show loophole” to which you refer.
If the same person were to go to a gun show and offer to sell one or two of his firearms, you think he should be federally regulated. We aren’t talking about a firearms dealer now, only someone who wants to sell one or two guns. Any more than that and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives would be all over him. Whoever regularly sells firearms for a profit must be licensed. Such licensed dealers would be required to run a background check.
Your “loophole” isn’t about disreputable, unlicensed dealers, but only about those who sell so few firearms that the BATF doesn’t feel they need to be licensed. The BATF doesn’t think they need to be licensed, but you think they should be.
The rule does not apply to unlicensed dealers, who proliferate at gun shows,
Well, then that is a good thing, isn’t it? We have a safe area where firearms hobbists can gather to discuss their hobby and look at the various displays. A safe place where both licensed dealers, who sell for a profit, and ordinary, private citizens with only one or two guns to sell may meet, and enjoy one another’s company.
which, according to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, thugs and gangsters do frequent. So do suspected suppliers of foreign terrorists, court documents suggest.
There are those who might be willing to say that the BATF themselves make up the bulk of thugs and gangsters frequenting gun shows. Even so, if such is the case one would think that studies would be able to confirm your suspicions. You are a newspaper. Tell us: What studies show that a significant portion of criminals obtain their firearms at gun shows? Is it not the fact that studies show us just the opposite? Is it not rather that when criminals are interviewed less than seven percent report they got their guns at such a gun show? Some studies show as little as two percent.
As for foreign terrorists, are we really concerned that a terrorist might buy a used .38 special, or a hunting rifle at a gun show? Foreign terrorists, almost by definition, can be armed by a sovereign state with military equipment far beyond what can be found at any gun show.
Rather than closing that loophole, the NRA calls for tougher enforcement of existing gun laws, such as the prohibition of gun ownership by felons. That issue is worth exploring. Still, authorities already conduct periodic crackdowns on illegal gun possession in Milwaukee, and judges tend to heighten penalties if a gun is involved in a crime.
Criminals, then, are only bothered during “periodic crackdowns”, but law abiding citizens are affected by the law all the time. Restrictive gun laws only affect criminals when they get caught, but such laws affect the law abiding every day.
When you say that “judges tend to heighten penalties if a gun is involved in a crime”, what you really mean is that prosecutors can use restrictive gun laws to get criminals to “plead down”, that is, prosecutors will drop the gun charges, if the perpetrator pleads guilty to a lesser offense.
Unfortunately, when an otherwise law abiding citizen gets caught in that net, there usually isn’t any “lesser included offense” for him to plead down to. Therefore it is not the criminals that these gun laws affect, but the private citizen who might have an old gun in his closet that doesn’t meet the Byzantine requirements of one of the 20,000 current firearms laws.
Besides, we don't understand why society can't take both approaches: Make it tougher for outlaws to obtain guns in the first place and crack down on them if they did manage to gain weapons illegally.
That would be a good idea if laws could be crafted that criminals would obey. Unfortunately, the problem is that criminals, by definition, do not obey the law. Therefore your more restrictive gun laws only affect those who are willing to keep them. The city of Washington D. C. has forbidden firearms to all of its residents for many years. Yet it consistently has one of the highest murder rates in the country. This is the result of the unilateral disarmament of the law abiding. Those who keep the law there don’t have any guns. Only the criminals are armed.
The NRA has campaigned - successfully, overall - to have each state enact a law permitting the carrying of concealed weapons. Wisconsin has been a holdout, however.
Gov. Jim Doyle vetoed concealed-carry bills. He was right to do so. We actually agree with the NRA that the law might do some good, by allowing license-holders to defend themselves. But we also note that such laws have done some ill elsewhere, leading to unjustified shootings or to harm to license-holders trying to thwart crime. In our judgment, the threat of the bad is greater than the promise of the good.
You write:” But we also note that such laws have done some ill elsewhere, leading to unjustified shootings or to harm to license-holders trying to thwart crime”. Fine, you’re a newspaper, tell us: who, and when, and where. How many such unjustified shootings have there been? Hundreds? Thousands? Why haven’t we heard about it? How many license-holders have come to harm while trying to defend themselves? Hundreds? Thousands? Again, why haven’t we heard about this? You are a newspaper: don’t just make a blanket statement like that – back it up with facts, if you have them.
Private citizens defend themselves with firearms everyday in this country. Oh, the numbers may vary depending on which study you look at. One study estimates several million defensive firearms usages each year. Other studies have estimates as low as only several hundred thousand such defensive firearms usages. Whichever study you choose to examine, one fact stands out clearly: there are hundreds of private citizens using firearms to defend themselves against criminals everyday – but not in Wisconsin.
So there you have some of our differences. Milwaukee Mayor Tom Barrett has invited NRA leaders to meet with him to discuss illegal guns. They should take him up on that offer. Homicides, most of which involve guns, are tormenting Milwaukee.
Homicides torment D.C., too. Perhaps your restrictive firearms laws are the cause rather than the solution. Disarming your citizens in the face of armed criminals doesn’t seem like the course of action that will most likely deter crime.
Surely, there is a way to safeguard the right to hunt and the right to self-defense and, at the same time, to tighten regulations to better keep guns out of the hands of outlaws and to trace firearms used in crimes. Barrett and the NRA leaders should try to reach that middle ground.
That would be nice, but it would also be very unlikely. Wisconsin is cursed with liberal newspapers that rail against gun crime, but not against gun criminals. A media that think it is a good thing for citizens to venture out of their houses unarmed, knowing that 85% of crimes take place outside of the home. It takes politicians with guts to face the facts and to face down a media that refuses to report honestly about gun rights, gun usage, and gun crime.
Meanwhile, help yourselves to tours of two of the city's signature companies: the Miller Brewing Co. and Harley-Davidson Motor Co. Browse works at the Milwaukee Art Museum. Consider moseying over to the Potawatomi Bingo Casino or to Miller Park, where the Milwaukee Brewers are hosting the Minnesota Twins.
Again, welcome. Enjoy.
No, thanks, you’ve made it rather clear that we aren’t wanted. You’ve also made it very clear that Milwaukee is hardly a city in which an unarmed citizen can feel safe. So we’ll spend our time enjoying the acres of firearms displays, and we’ll look forward to our return to states that value the rights of free men more than the spin of the media.