orpheus wrote:Blind groper wrote:The usual argument presented by gun lovers as to why gun control will not work, is that criminals will not obey the laws. So, if we ban hand guns, criminals will get them anyway - in this case by 3D printing.
Well, the latest American Skeptic magazine has an article on gun control, and it quotes official FBI figures. It turns out that all felony related firearms murders is less than 3,000 (for the year 2009). That is less than 25% of the murders carried out in that year. Of the rest, about 3,500 murders came from simple (though emotional) arguments between two people who were not listed as criminals. Two people, usually young men, get into a potent and powerful, possibly screaming, argument. One of them, when his anger is hot enough, pulls out a gun and shoots the other one dead. That simple cause outnumbers all felony related murders put together.
In other words, if we make hand guns illegal, and non criminals obey, the hand gun murder rate will drop massively even if felony related murders continue unabated.
That's a really interesting point. Will be interesting to see the reaction from the pro-gun faction. (I can guess.)
People who pull out guns and shoot one another without legal justification are called "felons." It's a felony to possess a firearm with the intent to use it unlawfully. And you'll find, if you examine the FBI numbers a bit closer, the vast majority of those "arguments" are between people who
are not legally permitted to possess a handgun. They are either too young or they are otherwise disqualified from possessing a handgun, which means that merely by shoving it in their waistband long before the "argument" they are already committing a criminal act.
Here's what I found online:
In addition to concealed carry laws, states have recently enacted “Stand Your Ground” or “Castle” laws, first in Florida in 2005 and in 20 states since. In every state, everyone is allowed to use deadly force to protect themselves in their own home, provided the attacker isn’t retreating. But everyone was expected to retreat from a fight in a public place until these laws specifically allowed a person not to retreat (that is, “stand your ground”). A recent study by Cheng Cheng and Mark Hoekstra at Texas A&M University indicates that an extra 600 homicides occur in the U.S. each year because of these laws.25, 26 Why might this be? Of the 13,756 homicides counted in the 2009 FBI27 Uniform Crime Reports (UCR) data, 3,368 (24.4%) were started because of “Other Arguments” (an argument not over money or property). This is more than all the 2,051 (14.9%) “Felony Homicides”28 and 1,495 (10.9%) “Non-Felony Homicides”29 (excluding “Other Arguments” listed above and the 1,996 or 14.5% of “Non-Felony Not Specified”). That means that alcohol, drugs, prostitution, and gangs combined killed fewer people than arguments did in the U.S. in 2009. The only category with more homicides is “Unknown,” which could mean unsolved, solved enough for the detectives to get an arrest and move on to the next case, or fully solved but poorly documented (Figures 11 and 12).
This is just so much bilge. Author David Hillshafer makes fatal assumptions in his "analysis" and draws unwarranted conclusions. The primary error is the assumption that an argument classified as an "other argument" not related to money or property means that there was not felony or criminal behavior involved prior to the gunfight. He amplifies his opinion by referring to concealed carry laws and makes the demonstrably false statement, "But everyone was expected to retreat from a fight in a public place until these laws specifically allowed a person not to retreat (that is, “stand your ground”). This is quite simply a falsehood. "Retreat to the wall" states, where prior to using deadly force a victim is required to try to retreat, disengage or escape, existed mainly along the east coast, whereas in the west, and almost totally west of the Mississippi the laws do not require retreat. I haven't done a survey all state laws, but probably should, but in many cases where states have enacted "stand your ground" laws, like Florida, there was no "retreat to the wall" statute to begin with. Rather, the laws were amended because of the penchant for anti-gun prosecutors to wrongfully prosecute innocent victims who shot their attacker in order to "send a message that violence is unacceptable." Also, the laws were designed to address the civil arena, where innocent victims who rightfully exercised their right to self defense (like Zimmerman) were hauled into civil court by bereaved relatives unwilling to acknowledge the criminality of their dead relative, which ends up costing the victim tens or hundreds of thousands of dollars to defend against even if they are eventually found to be perfectly justified in killing the perp.
It is mostly the wrongful, vindictive prosecutions by DAs (like my least-favorite DA former Colorado Governor Bill Ritter, Denver DA) who are anti-gun, pro-criminal liberal prosecutors who abuse their discretion to take people who obviously used justifiable deadly force to criminal trial to punish them by throwing them in jail, forcing them to post bond, ruining their reputations by arrest, and subjecting them to the enormous cost of defending themselves in criminal court, along with the civil suit abuse, that triggered "stand your ground" laws. These law are intended to force the police and prosecutors to properly investigate the incident and if they conclude there was lawful justification for the shooting they CANNOT file charges. And if they do, then the defendant has a right to raise the law as a defense (as Zimmerman is certain to do) at trial. If the defense is accepted by the judge, then the case gets thrown out right then and there. Likewise, if it's a justifiable shooting, relatives are prohibited from harassing the victim with frivolous civil suits.
So Hillshafer is drawing bogus conclusions from his "data." There is NO credible evidence that "other arguments" between otherwise law-abiding citizens, much less those licensed for concealed carry, are any sort of a problem in the US. Nor is there any credible evidence that "stand your ground" laws have actually been responsible for an increase in "other argument" shootings.
Keep in mind that an "other argument" shooting is likely to be two inner-city gang members dissing one another and then shooting each other over turf battles and reputation issues. Such shootings are NOT classified under "money or property" arguments, and so they fall under "other arguments."
Further, homicide rates in the U.S. in 2010 show that for every woman who committed homicide, 9.3 men committed homicide, and 3.8 homicides went unsolved. For both men and women, the peak age to both kill and be killed was 20 to 24 years old. That is, most homicides take the form of a young man killing another similarly aged man, probably as a result of an argument.
In other words, gang bangers throwing signs and fighting over turf and "respect."
The likely explanation that Concealed Carry plus Stand Your Ground laws result in 600 more deaths per year is that a young man with a concealed weapon in an argument is more likely to escalate the dispute and think he is standing his ground. As a result, arguments that would have ended in a fistfight are more likely to end in a gunfight.
And here's the crowning piece of bum custard from Hillshafer. This is a completely unwarranted and unsupported conclusion in large part because "young men" under the age of 21 are not legally permitted to possess handguns, and of those over 21 who might be, I suspect the vast majority of them are known gang members and felons who are disqualified from possessing firearms. Moreover, if a "young man" carries a handgun concealed without a permit, he's committing a crime right there. Add to that the fact that unlawfully carrying a concealed weapon with the intent to shoot someone with it if they "argue" with you is a crime too.
There is absolutely NO credible evidence that permitted CCW holders engage in spontaneous gunfights resulting from "other arguments" or anything else. The facts show that those who lawfully carry firearms pursuant to a permit are much LESS likely to be involved in ANY sort of crime, specifically gun related crime, than your average unpermitted citizen.
Hillshafer tries to link "stand your ground" laws to an increase in homicides by "[a] young [man] with a concealed weapon in an argument" by falsely implying that a gang-member thug illegally carrying a handgun for the purposes of shooting a rival gang member who "disses" him is not going to be able to avail himself of the protection of a stand your ground law because the principal requirement of such laws is that the shooter is NOT involved in the commission of a crime and was NOT the one to instigate the conflict.
Here's Colorado's statute.
18-1-704. Use of physical force in defense of a person
(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.
(4) In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.
Gang members throwing signs and dissing one another doesn't fall under the self-defense justification because it's provocation.
While it may, and I emphasize "may" be true that gang bangers engaging in "other arguments" might THINK that they are covered under a stand your ground law, they are not, in most cases, entitled to that protection because the are not innocent actors in the confrontation, and it's pretty rare that a prosecutor or a jury is going to accept such a defense if the shooter escalated or provoked the argument.
I challenge Hillshafer, or anyone else, to provide credible evidence that stand your ground laws are factually responsible for an increase in UNLAWFUL shootings by non-criminal properly permitted law-abiding citizens. I suspect the number of otherwise sane and law-abiding people who get in an argument with someone and pull out a gun and shoot them purely because they lose control of their emotions closely approaches zero in any given year. I know it does happen, but I suspect it's very infrequent, and even if it isn't, it's still not rational to infringe on the rights of the law-abiding majority merely because some tiny percentage of citizens "snap" and shoot someone as the result of an argument. I'd say that the vast majority of the time when someone gets shot as the result of an "other argument" involving otherwise law-abiding members of society (ie: not gang members) it's because one of the participants gets aggressive and threatens the life or safety of the other participant, who may then be lawfully entitled to use deadly force in self defense.
This is why it's said that an armed society is a polite society. People are far less likely to engage in arguments and let their emotions run away with them if they know the person they are arguing with carries a gun and can shoot them dead if things get out of hand.
So, in sum, we have here another bad try at supporting the unwarranted and untrue notion that less guns equals less crime.
Better luck next time.

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"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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