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Dennis A. Henigan

Dennis A. Henigan

Posted: January 14, 2011 11:41 AM

The gun issue confronts us with two competing visions of America. The Tucson tragedy puts those visions in stark, clarifying relief.

The gun lobby's vision is guns in every corner of American society. The National Rifle Association wants guns in more American homes. It wants more guns on the streets, in grocery stores, in restaurants, in coffee houses, in bars, in churches, at workplaces, at political events, and on college campuses. Guns everywhere, to deter criminals from attacking and to shoot back when they do.

Arizona is fast becoming the quintessential realization of this vision. Arizona has virtually no restrictions on guns (the Brady Center gives it 2 points out of a possible 100 in its state law ratings) and the state recently became the third state to allow people to carry concealed weapons in public places without a permit. The state also recently allowed concealed carriers to take their guns into bars.

Have weak gun laws made Arizonans safer? The state ranks 6th in the nation in gun deaths. FBI data indicates it ranks 13th in homicides per 100,000 population. Arizona criminals don't appear to be cowering in fear of armed, law-abiding citizens. Arizona also has become a favorite source of lethal weaponry for the Mexican drug cartels. Three Arizona gun dealers are among the top 12 American dealers in supplying Mexican crime guns.

Indeed, Arizona's gun laws are so non-existent that it was entirely legal for Jared Loughner to be carrying his Glock outside that Tucson Safeway up until the moment he pulled the trigger. He actually was one of the "law-abiding citizens" the NRA thinks is making us safer by carrying concealed weapons where we live, work and shop. If Loughner's community college, which expelled him because he was thought too dangerous to be in class, had reported his behavior to the Tucson police, Arizona law allowed them to do nothing to prevent him from carrying a concealed weapon.

All those Arizonans packing heat did not prevent the carnage in Tucson. There was, in fact, a law-abiding citizen with a gun on the scene at that Safeway. He told Ed Schultz he got to the shooter after someone else had grabbed the gun from the shooter's hands and he initially thought the hero was the shooter. In the NRA's America, where everyone has a gun, it is tough to tell the good guys from the bad.

Most Americans support a very different vision of America. It is a nation that allows responsible citizens to have guns in the home for self-defense, but imposes reasonable restrictions on guns to make it harder for dangerous people to be armed. In this America, a Jared Loughner would not be permitted to legally carry a gun to a Tucson Safeway. And he would not have available to him ammunition magazines that allowed him to fire over 30 shots from a semi-automatic without the need to reload, firepower that one law enforcement official has said "increased the lethality and body count of this attack."

Don't tell me the Second Amendment enforces the gun lobby's vision for America. The Supreme Court's recent rulings are entirely consistent with the alternative vision of reasonable restrictions. In its landmark opinion in District of Columbia v. Heller interpreting the Second Amendment to grant an individual right to have a gun in the home for self-defense, the High Court went out of its way to make clear that it was not recognizing a "right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." Justice Scalia pointed to a host of gun restrictions that remain "presumptively lawful" even under the newly-recognized right, including bans on "dangerous and unusual weapons."

Loughner's 33-round ammunition magazine made his Glock pistol a very "dangerous and unusual" weapon. It is telling that Robert Levy, Chair of the libertarian CATO Institute and the mastermind behind the Heller case, this week told reporter Michael Isikoff that he thought a ban on high-capacity magazines would not violate the Second Amendment and makes sense from a policy standpoint.

There are pundits who say that now is not the time to address divisive issues and that we should move to the middle of the political spectrum in our policy debates. The punditry needs to understand, however, that support for reasonable restrictions on guns is in the middle of the political spectrum. Contrary to the conventional wisdom, gun control is not an issue that necessarily must divide those who own guns and those who do not.

If you don't believe me, ask Republican messaging maven Frank Luntz, who about a year ago did a far-reaching survey of gun owners, and particularly self-acknowledged NRA members, on their attitudes toward gun control. In an op-ed he wrote with Tom Barrett, Democratic Mayor of Milwaukee, Luntz reported, for example, that 86% of non-NRA gun owners, and 69% of NRA members, support extending Brady Law background checks to all sales at gun shows. Luntz said his poll "also found support among NRA members and other gun owners for numerous other policies to strengthen safety, security and law enforcement." He concluded that "the culture war over the right to bear arms isn't much of a war after all."

There is, in fact, a strong national consensus supporting specific additional gun restrictions that still allow law abiding and responsible adults to make the ultimate choice about owning a gun. This consensus has not been translated into public policy because too many of our elected officials are intimidated by the NRA -- a noisy, threatening lobby that does not even represent its own members on the question of reasonable regulation of guns.

Those who own guns and those who do not, to a surprising degree, have the same vision for America. Now that a much-admired Member of Congress lies seriously wounded, and the nation mourns yet another mass shooting and the fatal wounding of yet another child, is it too much to ask for a modicum of courage from Congress, and the President, to make that vision a reality?

For more information, see Dennis Henigan's Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009)

 
 
 
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02:06 PM on 01/19/2011
Noaxi397

Iowa with a gun ownership rate of 42.8 has almost the same gun death rate of New Jersey with a gun ownership rate of only 12.3. Iowa's gun death rate is 5.25 to New Jersey's 5.15, according to VPC. New Jersey ranks the lowest in gun ownership out of all the states except Hawaii yet does not rank that top five in lowest gun deaths. Gun ownership has nothing to do with your belief that higher gun ownership results in higher gun death rates.

See I didn't use DC.
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07:23 AM on 01/20/2011
Oh, NJ has plenty of guns. The criminals are armed to the teeth.
05:01 AM on 01/18/2011
Stop wasting your time trying to convince the gun wackos,organize to counter the NRA using the same methods they use.Og yeah ,don't forget thjat you will help saving tens of thousands of lives per year.
If need be have the constitution's second amendment amended or lifted.It's not a religious dogma.It was simply crafted in a period of muskets and black powder,it applies to exactly that.
Don't waste your energy debating how many angels can dance on a pin point.Organize against the madness !
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HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
12:25 PM on 01/18/2011
How, exactly, would a provision of the Constitution to the United States of America be "lifted", rather than amended?
08:40 AM on 02/07/2011
Yea...community organizing. Sounds familiar. Quite frankly, you can organize all you want but you're not getting my guns whether they are legal (as is now is the case) or not (as you'd like to make them). Do you really think that if guns are banned everybody will just role over and turn theirs in? This is not England.
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08:32 PM on 01/17/2011
What a great way to celebrate the life of MLK....as a gun owner advocating for a magazine capacity limitation and defending that argument as if I had proposed a total gun ban.....If Jesse Jackson had a 9mm pistol with a 30 round magazine on that terrible day,things would have been different I suppose.
11:48 PM on 01/17/2011
Scared of the 30 round 9mm magazine but will be happy to own a ten shot shotgun loaded with buckshot.
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10:29 PM on 01/18/2011
Why don't you ask the victims and their families in Tucson how they feel about the thrill between your legs you get when talking extended magazines?
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03:29 AM on 01/20/2011
Of course you make statements about the Congresswoman signing things she never signed,and provide no links whatsoever to back up any of your other claims. If you have to create your own "facts" you have no argument to begin with.
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04:20 PM on 01/17/2011
"ammo capacity has absolutely nothing to do with the 2nd amendment. Can you own the gun? If so, then the 2nd amendment is satisfied. Whether you can put 10, 20, or 100 bullets in the thing at any given time is a completely non-related matter! If you weren't allowed to put any ammo in it, then the NRA would have a case. After all, there isn't much difference between an empty gun and a club. Since that isn't the case, then this becomes just another instance of an organization either not knowing where the boundaries are, not accepting of where they are, or not caring where they are."

Happy MLK day.
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JimInHouston
Arma virumque cano...
05:08 PM on 01/17/2011
"Whether you can put 10, 20, or 100 bullets in the thing at any given time is a completely non-relate­d matter!"

It's not unrelated. Arms that are protected are those in "common use" and should have utility for the militia. A firearm with highly restricted ammo capacity does not meet that test.

Keep up your inventive schemes, though. Fun to watch.

"After all, there isn't much difference between an empty gun and a club. "

Yes, indeedie, so perhaps you understand why those charming ideas of taxing ammo to death are also unConstitutional.
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05:38 PM on 01/17/2011
Uh...if you want to add stuff to the Constitution,there's a process for that. Otherwise you're going to have to take it as is. The term "common use" does not "meet the test" of the language of the amendment. I would ask you to try again,but the brick wall of fact is there.
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HisXLNC
No.
02:37 AM on 01/21/2011
That's like saying as long as you can speak, the 1st Amendment is satisfied.
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03:13 AM on 01/21/2011
Uh...not quite. If you own a firearm,it's yours.legally. The 2nd amendment is actually satisfied. You keep it. You can bare it. Done deal. Now go and threaten someone with harm and see how far your 1st amendment gets you. It's not unlimited.
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HUFFPOST SUPER USER
Randolph Greer
I am a Poet .
12:49 PM on 01/17/2011
I'll just ask one simple question and give one simple answer. Does anyone know why the British sent a group of soldiers to Concord in 1775 ( before the Declaration of Independence )? Answer : They were going to an armory to destroy weapons that the colonists had access to. Now . If there is one person
out there who still believes the founding fathers did not intend for the people to have access to firearms then I suggest a further examination of knowledge and history might prove useful.
03:22 PM on 01/17/2011
you are correct--the British army was trying to confiscate firearms
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04:00 AM on 01/17/2011
Who out there is a "well regulated militia" ? Anyone? Exactly. Some of you interpret the 2nd amendment like a Bible verse..I'm mean misinterpret. The state says you can keep and bear arms,but sets restrictions and limitations on the types. And where you can use them. Why don't you guys go agitate your right to carry them onto the playground. Anyone have an example where a potential victim saved the day from a band of corsairs who were about to violate their stereo because they were able to employ a 30 round magazine capacity? Anyone? Well,I have some examples of slaughter choreographed by wingnuts with high capacity magazines. The people decide the kind of society they want. Not gun freaks. Get over it,
05:06 AM on 01/17/2011
" The People decide the kind of society they want."

Your exactly right. The overwhelming majority of Americans believe the 2nd is an individual right. not what you think is misinterpreted. Your gun control side is in the minority. The majority believe the court is right in Heller and McDonald.
08:53 AM on 01/17/2011
Im sure you have a link to your overwhelming majority statement
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04:03 PM on 01/17/2011
Gun control law varies widely from state to state. You're generalization isn't valid.
09:27 AM on 01/17/2011
Which explains why liberalized CCW laws have swept the nation along w/ numerous other progressive firearm laws.
10:14 AM on 01/17/2011
Any idea whether last week's massacre in Tucson, enacted by a beneficiary of Arizona's liberalized "CCW" laws, has affected public opinion? Just curious.
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04:05 PM on 01/17/2011
"swept the nation"...hardly.
03:52 AM on 01/17/2011
Geez! Still prattling on about your guns! How can one nation -- the US -- be so freakin' obsessed about guns, while another -- Australia -- not give two hoots about them?
05:19 AM on 01/17/2011
Because the Founding Fathers didn't have the same experience similar to the leaders of Australia. They had to fight the British while the Aussies had their independence given to them in 1931. The British from their experience with the Americans treated their colonies better for fear they will again have the American experience. We are not Australia. We don't depend on another country for our defense. The Aussies depended on the British for some time now it can't defend without the help of the US. That would be unacceptable to Americans.
05:04 AM on 01/18/2011
Good ,you've got your independence now,turn in the guns.We promise not to invade you.
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noaxe397
10:33 PM on 01/16/2011
Even if the 2A did not exist, people would still have a right to own guns to hunt and for self defense because people had these rights before the constitution was written and so they would be retained by the people per the 9A.
 
So, if the 2A is not needed to protect gun ownership for hunters, sport shooters or citizens defending themselves, then what is it needed for?
 
The answer is made clear by having a discussion with any teabagger or conservative in america, as they have stated and displayed on their signs.
 
The purpose of the 2A is to insure the people can have guns in the event they need to overthrow a tyrannical government.
 
This is consistent with old laws still on the books that create something called an unofficial citizens militia.
 
Just one problem:
 
It is against the law to overthrow the government or plot or incite to do so.  There is no constitutional right to insurrection.
 
In fact, the constitution itself, which is not a criminal law document,  mentions only one real crime against the state , and that is treason.
 
So, if the USC establishes and prohibits the crime of treason, how can the 2A exist to promote the crime of treason, as described and claimed by gun owners, ex-military types, teabaggers, reactionaries, Birchers, and other assorted like minded?
 
How can the 2A exist in a way contrary to the constitution?
 
 
11:25 PM on 01/16/2011
Because if the people win the war against our government it doesn't become an insurrection or treason but a legal just cause. Because the winner is always right. If the Founding Fathers lost to the British Empire they would have been executed for treason. But since they won they are our heroes who make our laws. The Founding Fathers accepted this fact in their writings. That is why they created the other Bill of Rights.

The Colorado Coalfield war was between US civilians against the CO. National Guard and Company henchman. Although, many shoot and killed some in the CO. Guard none of them were prosecuted because the Fed. did not want to creat more problems, even though, the action of the strikers was an insurrection.
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noaxe397
06:26 AM on 01/17/2011
Do you ever answer a question directly or always just change the subject?
 
Clearly it is delusional to think today the military can be overthrown by the people, with such disparity in weapons power.
 
Your example would be like saying the people who rioted in LA in the wake of the Rodney King riots against the NG (or in Detroit or Newark) were fighting government sanctioned oppression  and attempting to overthrow a corrupt system and therefor should not be prosecuted.
 
They were.
 
Your premise that the people will win is the flaw here.
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noaxe397
09:12 PM on 01/18/2011
You really need to come home. 
 
The way you try to thread the needle is frightening.
 
Geronimo?   4 milliion NRA members?  The Geneva conventions?
 
Give me a break.
 
All the convoluted twists and turns to defend this obsolete amendement would be humorous if they were not revelation of something deeper and scarier.
 
 
Is there no one or nothing good and decent a gun owner won't abuse, pollute or prostitue in their march towards lawlessness and destruction of the American way of life?
 
Still waiting on the answer of why states with high rates of gun ownership have high rates of gun fatalities.
 
Don't be afraid.  Just try to answer.
09:31 AM on 01/17/2011
"So, if the 2A is not needed to protect gun ownership for hunters, sport shooters or citizens defending themselves­, then what is it needed for?"

False premise. The 2A is an enumerated right.

It isn't in contradiction to the constitution. Are you saying that the gov't could never abuse its powers?
10:09 PM on 01/16/2011
The right of the people to keep and bear arms shall not be infringed seems very clear to me . With 100 million guns all over our country it also seems clear to me that guns will always be available to anyone. A politician may propose a gun law just to get votes in his area but good or bad there shall be guns in the U.S.A
08:55 AM on 01/17/2011
There will also always be a drive for reasonable restrictions
09:18 AM on 01/17/2011
No, there will be a drive for more nonsense laws that aren't directed at criminals.
12:21 PM on 01/17/2011
I am sorry--calls for 5 round magazines are not reasonable restrictions
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noaxe397
10:08 PM on 01/16/2011
On one of the talk shows it was shown that the states with the highest levels of gun ownership have the highest levels of gun fatalities and the states with the lowest levels of gun ownership have the lowest levels of gun fatalities.
 
Ok.  The states with the highest levels of javelin catchers have the highest rates of javelin injuries and the states with the lowest levels of javelin catchers have the lowest levels of javelin injuries.
 
I mean, big deal, I would expect nothing less.
 
BUT:  Weren't we told and sold the idea that an armed citizenry is a safe citizenty?   Shouldn't the states with highest levels of gun ownership have the lowest levels of gun fatalities?
 
 
10:31 PM on 01/16/2011
Link please.
If you are quoting "Talk Shows" it would be nice to know that your "Source" isn't Joy Behar or Olbermann. I'd like to see the actual study instead of some third hand facts from someone quoting someone that read a few sentences from a teleprompter.
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noaxe397
10:43 PM on 01/16/2011
http://www.hsph.harvard.edu/research/hicrc/firearms-research/guns-and-death/index.html
 
Go do some research on this well known, common sense conclusion that is not in question and stop clowning around with requests for Links?  Citation?  etc.
 
Gun owners by far try to deny reality more than any othyer issue oriented group by endless requests to cite or link what THYEY know is true.
 
The fact that there are more gun fatalities in states with more guns is self evident, but I provided more reading for you anyway.
 
Now, answer the question like a real gun owner:  straight up and with no equivocation.
 
Why is it in states with highest levels of gun ownership there aren't FEWER gun fatalites as guns make for a safer society?
 
And don't play the "crime rate" card either.  I'm not speaking of crime; I'm speaking of gun fatalities;  there is a difference.
11:38 PM on 01/16/2011
The one the talk show cited ( Maddow) is from VPC. The research deleted DC which is suppose to have no gun ownership rate yet it's gun murder rate is 21.2 compared to the overall murder rate of the states with the same population around 1.3 ( Alaska, Vermont and North Dakota ). Alaska is on the top list of high gun ownership rates. Your facts are wrong.
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noaxe397
06:39 AM on 01/17/2011
DC is not a state.  The example was for states.
 
Why is it that when the stars don't align for you guys, you go from zero-to-DC in 2 seconds flat?
 
So, for THOSE states (AK, VT, ND, NV) with high rates of gun ownership, why are gun fatalities so high?
 
It is a legit question because of the repeated claim that high rates of gun ownership result in a safer society.
 
Can you guys EVER answer a straight question without trying to tap dance?
 
 
HUFFPOST PUNDIT
noaxe397
08:33 PM on 01/17/2011
"It has representa­tives in Congress. DC has a district federal judge that no...."
 
 
Is this you or not?  What did I not understand?
 
DC is not a state in any way.  Who is the governor?   The legislature?  Who is DC congressman?
 
THAT is why not including DC in state stats is legit and including it is not. 
 
Still dodging the original question, though. 
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04:24 PM on 01/16/2011
The false argument is that guns will be banned,and confiscated. So let's get off that horse shall we? It's dead and it's really starting to stink. You get to keep whatever high capacity magazines,or pre banned weapons you own now after any ban is placed. In Arizona,you can only hunt Mule Deer with a 5 round magazine. You can however hunt people with a 30 round magazine. I think we need to do a better job of conserving our Humans like we do our Mule Deer.
06:52 PM on 01/16/2011
"In Arizona,yo­u can only hunt Mule Deer with a 5 round magazine." That is the law.

"You can however hunt people with a 30 round magazine." No...That is against the law.

A person willing to "hunt people" (commit murder) obviously has little interest in how many rounds the law says his magazine can hold.

It is also likely that he would have little interest in what guns are banned, where, and why.

What sense does it to penalize the 80+ million people who own guns responsibly, and have hurt no one, in a bogus attempt to try and control a handful of people that will not be controlled by any law you can put in place?

What law do you propose that would have certainly and effectively prevented the shooting in Az?
07:30 PM on 01/16/2011
In what sense do you consider restrictions on sales of high-capacity magazines a "penalty" to people who own guns responsibly?
10:50 AM on 01/17/2011
I am not a gun owner nor participate in gun activities...I am resigned to the gun culture and realize that the tragedy in Arizona is not the first nor the last and any effort to change the status quo is a waste of time. The NRA has won, only see it for what it is...NRA as other groups, is about the money - always money...
07:52 PM on 01/16/2011
" You get to keep whatever high capacity magazines or pre banned weapons you own now after any ban is placed."

You think what you said is not a gun ban? You got to be from another planet. I don't understand you double speak.

You can be restricted to hunt with a five round clip because hunting is not a Constitutional right. There is no limit in magazine capacity when I hunt feral pigs. Besides hunting innocent humans is against the law. There is not even a single shot gun allowed to do such a thing. What was done was illegal.

Your limitation would on the other hand limit my ability to defend my home from a home invasion which often involves mutliple assailants. If I couldn't get them all because of your limits to just ten can my family sue you and and gun group? If they can then I'm all for what you want.
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03:48 AM on 01/17/2011
And you don't have a Constitutional right to walk into a Gun store and purchase a mini gun and walk out with it the same day. Hey the constitution gives you the right to keep and bear...I guess we can skip over the fact that you're not a "well regulated militia" so we can enforce restrictions on your ability to own certain weapons and limit your magazine capacity. And are you so afraid of a legion of rapists armed with Tommy guns that you need 30 rounds? Calm down.
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HUFFPOST SUPER USER
Randolph Greer
I am a Poet .
02:49 PM on 01/16/2011
The proper way to compare states is to compute the number of people murdered in each state as related to the population of that state . A lot of people are killed by means other than use of a gun.
06:24 PM on 01/16/2011
In America, homicides are enabled by guns in greater numbers than by all other weapons combined.
07:54 PM on 01/16/2011
What's you point. Is mmy right to self defense dependent on the behavior of criminals? That doesn't apply in the other Bill of Rights?
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HUFFPOST SUPER USER
Randolph Greer
I am a Poet .
10:29 PM on 01/16/2011
I'm sure that's true . I was just telling you the only fair way to measure the true impact of guns with respect to an act of murder, which is the crucial question here.
05:15 AM on 01/16/2011
Some much needed information to ponder for those that claim gun ownership is providing security.
Please compare similar countries like USA and European countries:
http://www.guncite.com/gun_control_gcgvinco.html
03:53 PM on 01/16/2011
What are the historical rates in comparison to enacted laws? What are the specific demographics of each nation?
03:23 AM on 01/17/2011
Why these questions ?
The demographics are listed in the statistics anyway.The death rate is per 100.000.
hagenjr
Shovel ready freeborn son of the Republic
02:45 AM on 01/16/2011
as cities tend to be liberal and the rural countryside tends to be conservative, one might come to the conclusion that liberals cause gun crime.
09:00 AM on 01/17/2011
A blanket statement that has no objective validity.
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artleads
Let's have a national retreat.
12:05 AM on 01/16/2011
We might consider supporting the NRA in having guns in every home or business places (where it is wished for). Perhaps all school children should learn how to use and care for guns. But guns should not be carried around in the public sphere. This seems like a position we can live with, but I just don't see defeating the NRA and getting rid of private guns altogether. .
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JimInHouston
Arma virumque cano...
12:13 PM on 01/16/2011
"But guns should not be carried around in the public sphere. This "

Fine, as long as you can GUARANTEE that criminals will not be carrying guns, knives, or assaulting innocents in gangs.
02:46 PM on 01/16/2011
So, it would be an irrational fear of criminals carrying guns, knives that necessitates CHC. Do you have statistics on how many criminals CHC has disarmed and been taken to jail or how many innocents that have been saved by CHC?
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12:18 PM on 01/16/2011
"But guns should not be carried around in the public sphere."

That's fine. As soon as you can get criminals to stop doing it, let us know.
09:06 AM on 01/17/2011
Fear filled reactionary response