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The NRA's Case Against Gun Control

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The NRA's Case Against Gun Control GUNS DON'T KILL, PEOPLE DO; THE NRA1S CASE AGAINST GUN CONTROL A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Arts in American Studies in the University of Canterbury . by C. D. Fletcher University of Canterbury 1994 "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding" Justice Louis Brandeis CONTENTS ACKNOWLEDGEMENTS ...................................... 1 ABSTRACT ................................................ 3 J:N"TRODUCTION ............................................ 5 CHAPTER ONE - THE NRA I. Formation ........................................... .13 II. Structure ........................................... • 15 ill. Policy ............................................. 24 CHAPTER TWO - THE SECOND AMENDMENT I. Philosophical Background . 29 II. Creation of the Second Amendment . • . • • • . • . • • . 33 m. Interpretation by the Supreme Court ..................... 38 IV. NRA Defense of the Second Amendment . • • • . • . • . • • . • • . • . 43 V. The Future of the Second Amendment .•.....•••......•.••... 45 CHAPTER THREE - THE AMERICAN GUN CULTURE L The Frontier . • 53 II. Hunting and Recreation . • . • . • • • •.. ...................... 55 m. The Phallic Theory of Gun Ownership ...................... 67 IV. Defensive Firearms Ownership .... 70 V. Juvenile Gun Users ................................... • 78 VI. Conclusion . 82 CHAPTER FOUR - DISCRIMINATORY MOTIVATION I. Gender ......... .............. .86 II. Afro-Americans and Ethnic Minorities ...................... 93 ill. Class ............................................... 96 IV. Case Study - 'Saturday Night Specials' ...................... 99 CHAPTER FIVE - FEDERAL FIREARMS LAWS I. The National Firearms Act (1934) ...........................107 II. The Federal Firearms Act (1938) ...........................109 III. The Gun Control Act (1968) . .112 IV. Firearm Owners' Protection Act (1986) ......................115 CHAPTER SIX - THE BRADY HANDGUN VIOLENCE PREVENTION ACT I. The Brady Law ....................................... 120 II. Crintlnological Studies .................................. 131 III. A California Case Study ................................ 137 CHAPTER SEVEN- GUN CONTROL PROPOSALS I. Federally Licensed Firearms Dealers .........................146 II. Form 4473 .......................................... 152 III. The Bureau of Alcohol, Tobacco and Firearms ................ 155 IV. Military-Style Semi-Automatic 'Assault Weapons' .............. 159 V. Armour-Piercing 'Cop-Killer' Ammunition ....................169 VI. Undetectable Guns .................................... 172 CHAPTER EIGHT- NRA ALTERNATIVES I. Reform Not Restriction .................................. 176 II. Florida; The Case for Gun 'Decontrol' .......................183 III. Education . 188 IV. The Media . 193 CHAPTER NINE - THE NRA AND NEW ZEALAND Io Historical Perspective II II , a , , , , II II ii , • e • • • • • • • • • • • • • • • • • • • • • 203 II. Legislation . 207 III. The Gun Lobby And Their Opponents . .220 V. Elections . 230 VI. Conclusion .......................................... 233 CONCLUSION ............................................ 235 List of Illustrations and Graphs ................................ 237 APPENDICIES I. NRA Purposes and Objectives . .239 II. Supreme Court Decisions 011 the Second Amendment . 240 ID. Which Cases Are Accepted by the FCRLDF ................. 244 IV. A Sample of Cases Accepted by the FCRLDF ................ 245 V. Status of Select Formerly Endangered Species ................. 247 VI. Guidelines for hunting ................................ .247 VII. Summary of how the Brady Law Works ....................249 vm. Definition of a Military-Style Semi-Automatic (MSSA) . 250 IX. The Grading of New Zealand Politicians ....................251 BIBLIOGRAPHY .......................................... 255 1 ACKNOWLEDGEMENTS I am most grateful to the many people who have helped me so. much, in so many different ways -many thanks to my parents, Rita and Trevor Fletcher, for their emotional and financial support, and to my brother, Grant Fletcher, for suggesting the topic in the first place. Special thanks also go to Carl Ranson, for his valuable assistance on the practical side and for sharing the stress, and to Andy Izard, for the use of his office, staff and equipment. I would also like to thank the many people who provided me with the valuable information, without which this work would have been an impossible undertaking. From the National Rifle Association of America -Melinda Bridges, Robert Dowlut, Bernie Hoerr and Gary Kania. Also, Philip Alpers, John Banks, Michael Brown, Chaz Forsyth, Irene Francis, Richard Harkerss, Richard Prebble, Robbie Tiffen, and Mary · Zeiss Stange. Special thanks go to David Kopel and the Independence Institute for the exceptional data that they made available to me at no small expense on their part. Finally, I wish to thank Brian Wearing, from the University of Canterbury, for his valuable insight, thoughtful criticism, and above all, for his patience throughout the entire creative process. 2 3 ABSTRACT For many people, the gun is a potent symbol of all that is wrong with the American culture. It is considered to represent aggression, violence, male dominance, sexual frustration and a host of other behaviour that is abhorrent in a civilized society. However, for other Americans, the very same gun symbolizes all that is right, independence and self-sufficiency, outdoorsmanship, and the ability to protect oneself and one's family in an increasingly dangerous world. To these members of 'the gun culture', a firearm is the virtual embodiment of much loved traditional American values. Inevitably these two highly divergent viewpoints leave little room for agreement or even constructive debate. This study considers the arguments put forward by the National Rifle Association of America (the NRA), an organization whose views are seldom articulated, although they are often regarded as the only obstacle that stands before the goal of rational gun control. Material from a number of disciplines is evaluated, principally in order to ascertain whether or not the NRA is correct in their assertion that gun control legislation can not work within American society, while a number of other facets of the gun control debate are also considered. It is not the place of this thesis to propose possible answers to 'the gun problem', for resolution is far too complex to be given the attention that it deserves in such a relatively brief space. What the thesis does provide is an overview of the best (and worst) of the available information, in order for opinions to be formulated without the counterproductive distractions of inflamed passions and a stubborn belief in arguments that simply do not hold true under close scrutiny. Clearly something must be done to counter rising crime and violence, yet it is the contention of this study that gun control, no matter how attractive such 4 legislation may initially appear, is simply not the real answer within the American context. 5 INTRODUCTION Few issues in the United States generates as much controversy and outright sense of futility as the gun control debate. To the advocates of stringent firearms regulation, nothing is more obvious than the notion that the proliferation of fire arms is the primary cause of crime problems. Their solution, that fewer guns would mean less gun crime, outwardly appears to be quite straightforward. It is, of course, necessary to take some kind of constructive action, as gun-wielding criminals continue to inflict incalculable pain and suffering, costing American taxpayers millions of dollars each year, and keeping the majority of the population of law-abiding citizens living in fear. The only obstacle to the ultimate goal of a rational gun control policy, assert gun control proponents, is the stubborn gun lobby, spearheaded by the National Rifle Association of America (the NRA). They claim that the NRA abstinently opposes all forms of gun control at the local, state and federal levels, as they unrelentingly maintain and enhance their influence over the legislatures. The organization is also accused of wilfully encouraging a worthless all-or-nothing debate that achieves little other than further polarizing the participants. The main product of the gun cont'rol debate is fiery rhetoric and impassioned outbursts. One critic of the NRA proclaims, We don't WANT you. We don't want untrained twits wielding firearms -who think they are 'defending' themselves but are instead providing a source of stolen firearms to the worst of the worst. We don't want you blasting away -because your stray bullets are as likely to kill our children as they are to kill a common mugger. We are tired of all you who just drool over the prospect of being able to shoot holes in the next guy who walks over your precious lawn ... You fascist pigs 6 smell of racism, intolerance and violence. You are the last people we want to own firearms.l However, not only do millions of Americans want to own firearms, they love them. For some, the gun is not only a revered source of sport and recreation, but it is also a source of security in troubled times, a treasured collectable, and even a valued investment item. These people constitute what is referred to as 'the gun culture'. To members of the gun culture, firearms form an integral part of their day-to-day lives, thus a major conflict of interest arises
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