Guns and Alcohol

The Brady Folks seem to think we don’t agree that the two should not mix, and use an example of why Virginia was wrong to change its law about restaurant carry. But let’s review the facts. He would have been breaking the law under the old law in Virginia. He also is breaking the law under the new law, which does not allowed permit holders to drink if they are carrying a firearm. He will be facing the possibility of charges, roughly the same charges as under the old law.

So can someone on the other side explain to me what exactly has changed? I’m going to throw out this wild idea out there that this guy probably would have done this whether or not the law had changed or not.

Classics: The Myth of Man The Killer

I’ve been looking for a while for a way to work Eric S. Raymond’s “The Myth of Man The Killer” into a post here, and finally decided to make a post dedicated to it. Go, read, I’ll be here when you get back. The article he links to (Natural Killers —Turning the Tide of Battle) is worth reading as well.

I once read (and I can’t for the life of me find it again) that one of the reasons that humans are “so vicious” is that we don’t have any body language for “dominance” or “submission”, and must therefore express same with words or fists. Balderdash, with extra balder and double dash. Labrat and Stingray can and have gone into the whys and wherefores of humans not having the same sort of fixed social roles as a pack-oriented preferentially-carnivorous quadruped, domesticated or wild, but anyone who has seen almost any form of human social confrontation or other interaction(which apparently does not include ivory-tower academics) can quickly pick up on the nonverbal cues of hierarchy. The “naturally aggressive” either settle down, find a channel, or are eliminated from society; they don’t long continue with their antisocial behavior in a functional society. This has always been the case, as any student of historycan tell you. When this hasn’t happened, there has been a breakdown of social order, and those cases have been both notable and remarkable.

Somalia, in fact, is often used by the anti-gun debaters as an example of what happens where everyone is armed; “naturally”, chaos and brutality result. But the warlords of Somalia and their men are pikers compared to the mercenaries of John, Count of Tilly and the rest of the men who rampaged across the German states for half a lifetime; and they lived in a period where firearms were unreliable and expensive, almost unavailable to the general populace. The fighting of the Thirty Years War acted as a filter, pulling out and concentrating the “natural killers” by the most brutal and efficient process possible – combat in the early gunpowder era. The killers of Somalia, by contrast, are tribesmen, who don’t practice disciplined war with a sideline of oppression, but oppression without discipline. Warfare in tribal cultures has been characterized as two lines of men chanting insults at each other, then flinging javelins at the opposing line and retiring to tell lies about their bravery. “Modern” tribals can often be seen doing the “modern” equivalent – emptying a couple of magazines in the general direction of the other side, and then retiring to tell lies about their bravery.

The great massacres of history have generally been performed upon unarmed victims, by men “just doing their job”, or, as in the case of Germany in the 17th century, gangs of men who have been selected for their ferocity and sociopathy. Somalia is an anarchy, true, but death rides a single horse, not a mechanical combine, there. I’d be interested in seeing exactly how common firearms are among the general populace – I suspect it’s not as much as They would like you to think. Good luck getting that information, though…

I am going to make a claim that the religiously anti-gun people will reflexively deny – that we could arm every adult man and woman not ineligible for reasons of mental impairment, incorrigible violence, or habitual intoxicant, and the rate of antisocietal violence against others would either not change or go down. This shouldn’t be shocking to most of the regular readers here, as we’ve tried that experiment across the country; but let me explain for the people in the back there (say “Hi”. MikeB…)

Let’s start with the premise laid down by ESR and MAJ Pierson – that the vast majority of people are not violent by nature and, if they are to become so, must be made so by careful and prolonged work. Even for many of the naturally violent persons, they can, if allowed or directed, become functional and productive members of civil society (there are jobs that need them). Let us add the second premise, that most people are by nature abiding of the laws and rules necessary for civil society. This can be easily seen to be true, as we live in a functional civil society (more or less). Per ESR and MAJ Pierson, the naturally violent are less likely than most to obey laws and rules. Thus, laws and rules against possession of arms are less likely to be obeyed by the ones most likely to use them inappropriately. As laws tend toward more restrictions on arms, the functional members of society will be less likely to be armed, and the violent ones relatively more likely to retain their arms.

Firearms are, overall, the most efficient and deadly form of personal armament we know of. Certain other arms are more efficient in tight niches, and certain forms of firearm are more efficient than others in various roles, but overall, the firearm is the ultimate in personal armament. Nothing combines the ease of use, simplicity, portability, and effective range of a firearm. In particular, the physical requirements to successfully use a firearm are low. Grade school children can and are taught every day to use firearms safely and effectively, under adult supervision. “God made man, Samuel Colt (replace with JMB, Gaston Glock, &c, as your personal devotions require) made them equal.” Any firearm can be used by someone with one functioning hand, arm, and eye; and there exist firearms that are used by quadriplegics. (Oddly enough, I know this because NJ issued a Firearms ID and a hunting permit to a quadriplegic. NJ leads the nation in disabled firearms owners, I guess). The disparities of height, weight, strength, etc are erased. This leads to a diminished ability for the naturally violent (who are disproportionately young, strong, and more fit) to dominate the older, weaker, and less fit.

As restrictions on arms (and particularly firearms) are loosened, more of the naturally societal persons acquire them, but they are disinclined to use them antisocially. Firearms may be the most efficient weapon, available, but they are far from the only one available. As more of society is armed, the would-be committer of anti-social violence has to factor in the larger chance of death or injury in a confrontation with another person. Even if he discounts this factor, he has a larger chance of encountering death or injury in his antisocial games.

If he does kill a member of functional society, well, unjustified homicide the crime that is unacceptable. There’s a reason that more often than not, a mystery is a murder mystery. We consume fiction to reinforce our societal mores. Murder is the Original Sin in the Bible, and it’s frowned on in every moral code; while justified homicide is, well, justified almost everywhere. More effort is made to catch and punish the criminal who is a murderer than for any other crime, while a killer whose act is “justified” will be punished less harshly or let off entirely. This is entirely sane societal response to homicide. It is a (rarely) required mechanism of society to remove the incorrigibly, violently, antisocial from our midst.

It is not the presense or absense of (fire)arms that results in societal breakdown, but the presnse of killers, born or trained. Guns in the hands of non-killers have no effect on non-killers, but counter the effect of any weapon, from strength of fist on up through firearms, in the hands of killers. In any particular encounter, of course, there are more factors than the firearm. After all, it was Caleb’s generous donation of coffee that set a youth on the path of righteousness, and nobody died or was seriously hurt. But his dinky little pocket pistol was there, and the youth saw it before he changed his mind. Because when someone swaggers up to you and sincerely offers to punch you in the face, there’s a difference between putting your own body on the line  with a physical counteroffer, and a counter-offfer consisting of a few grams of lead delivered supersonically. One requires strength, agility, skill and a high pain tolerance, and the other requires a modicum of hand-eye coordination and the ability to lift a pound or so for no more than a minute.

Demonizing objects, not behavior: The Demon Rum edition

We had family guests over for dinner Sunday night, and the conversation turned to gun rights (it wasn’t my fault, I swear). One of the topics that came up was “guns in bars”, as a relative had heard of what was likely the recent changes in the law in Tennessee, though Virginia’s silliness in regards to carry in a licensed establishment came up as well. Long and short of it, he came down on the side of banning carry in bars due to “drunks and yahoos” (paraphrased). When pressed to define what a “bar” was, he said “any licensed establishment”. When I queried about carrying in the dining room of, say, TGIFriday’s, he would have that forbidden as well.

Forbidding carriage of firearms in licensed establishments sounds superficially reasonable. After all, we’ve seen “that guy” who gets belligerent and rowdy after a few. But not everyone is “that guy”. Heck, most people in the dining room aren’t drinking at all; and not everyone in the bar itself are drinking to impairment. Banning legal carriage of firearms in a licensed establishment, or even an out-and-out bar, makes about as much sense as banning the carriage of keys into the same establishment in the name of preventing drunken driving. Drunks kill far more people with cars than they do with guns, but we recognize (mostly) that it is the act of drinking and driving that should be punished, not the car or the booze.

The most that a ban on guns in bars can do is make “that guy” go out to his car, for the gun in his glove compartment, or the tire iron, etc. Worst-case scenario is something similar to the Luby’s massacre, where “one more ban” failed to stop a killer, but disarmed someone who could have stopped him.

I have little issue with a properly owner posting their property as off-limits to firearms being carried by a person, it’s their property; as long as they’re willing to take the responsibility of defending my person while I cannot. I wonder how many would, though, considering the signs above every coat rack, and around most parking lots, I see that say “management is not responsible for lost or stolen items” . I choose not to leave my coats on racks I cannot see, and I don’t leave anything valuable in my car when parked.

I understand that the fight against allowing carry in bars in Tenessee is being led, in large part, by a bar owner who wants to make sure his competitors are forced to ban the carriage of firearms into their own establishments, so his prejudices don’t cost him business. Which is too bad – if he wants to limit his clientele, he can do so. Chik-Fil-A famously closes on Sundays, but the last I checked they don’t lobby for a nationwide Blue Law. The big national chain restaurants have differing policies on acceptance of firearms in restaurants, but they mostly appear to follow Starbuck’s lead on pushing for policies (IE, they don’t at all).

Required Reading for CCW Holders

Marty and Gila Hayes run the Shooting Academy of Seattle. Marty is also the founder of the Armed Citizens’ Legal Defense Network which provides help to those involved in a self-defense shooting.

In conjunction with this organization, they publish an e-journal which gives details of self-defense shootings and the legal aftermath. The September 2010 issue is about the case of Larry Hickey of Tucson, AZ.

Mr. Hickey was involved in a self-defense shooting when he was attacked by three neighbors in his own driveway. Due to sloppy police work, he ended up being charged with aggravated assault and spent 71 days in jail. His case ended in a hung jury the first time it was tried and an acquittal the second time around. Without the expert testimony of Massad Ayoob in the second trial, who knows what would have happened.

This was recommended to me by Gail Pepin who is part of the group putting on the ProArms Podcast. She thought it should be required reading for anyone with a CCW. Just because you are in the right doesn’t mean it will be easy to clear your name in case of a self-defense shooting.

The Bears Are Getting Hungry in Yellowstone

Scientists are saying people may not necessarily be off the menu. Remember that National Parks are peaceful, gentle places, and no place for firearms. Though the article points out that even high-powered rifles aren’t a perfect guarantee from bear attacks. Still, humans, before they developed a capacity to make weapons, were often called dinner. I’m not sure why some want us to voluntarily return to that state.

ARs for Self-Defense

Defensive Handgun Blog e-mails to highlight a post about whether the AR is a decent for home defense, pointing to the Harold Fish case as an example of any gun that can be successfully demonized.  He highlights two cases, one where someone was prosecuted for a case self-defense because he used a machine gun to kill his attacker. He was ultimately acquitted by a jury, but not until after spending a small fortune to defend against a politically motivated prosecution focusing heavily on the machine gun. The second case is that of Harold Fish, who was convicted of murder after a prosecution that focused on his 10mm pistol being too powerful and on his hollow point ammunition. Fish was ultimately convicted largely because he shot an unarmed man under dubious circumstances, however, not because of his gun.

I think it’s probably good advice to keep in mind that you’ll ultimately be judged by a jury of your peers if the state attorney for your jurisdiction decides to bring charges. The prosecutor, in addition to generally being an elected office, is going to have an idea of what a jury in his area will and won’t convict on. If you live on a ranch on the border with Mexico in Arizona or Texas, I’m pretty sure you could get away with defending yourself with light artillery if you had to. If you’re living in a townhouse in Alexandria, you might be complicating your defense if you shoot an attacker with an AR.

The Anti-Carry Bill that Won’t Die

It looks like the anti-gun politicians have learned a little something from the worst of New Jersey’s political traditions. When their bills are about to go down in defeat, they yank them from the floor. That way there’s never a real “no” vote against them, and they can keep pulling them up periodically to test the waters for any new votes.

This bill has to be defeated. Until Philadelphia stops abusing their authority over carry licenses, there’s no room to even talk about this subject.

On Pacifism

Don Kates writes about Orwell’s disdain for pacifism:

And, notwithstanding his long and painful experience with war, Orwell was deeply antagonistic to pacifism. He dismissed pacifists as people who live in society and enjoy all its benefits in blithe disregard of the fact that these benefits only exist because others are at all times doing lawful violence on society’s behalf. The fact is that society IS violence (lawful violence), both overt and implicit. It is only through society’s superior capacity to engage in violence that we control the Charles Mansons, Ted Bundys, Ted Kazinskis and Andrew Cunanans of this world instead of vice versa.

The conclusion is that pacifists are parasites: people who enjoy the benefits of violence done by others but are themselves unwilling to soil their hands with it.    Â