Tag Archives: Gun violence

The High Cost of Being Shot

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In the naivety of my youth, I believed that people would not be charged for medical treatment resulting from being wounded by criminals. After all, my younger self reasoned, their injuries were the fault of someone else and it would be unjust to expect them to pay for the misdeeds of another. Learning that this was not the case was just one of the many disappointments when it came to the matter of justice and ethics. As such, I was not surprised when I learned that shooting victims were presented with the bills for their treatment. However, I was somewhat surprised by the high cost of being shot.

Dr. Joseph Sakran, who had been shot in his youth, co-authored a study of what shooting victims are charged for their treatment. Since gunshot wounds range from relatively minor grazing wounds to massive internal damage, the costs vary considerably. While the average is $5,000 the cost can go up to $100,000. These costs are generally covered by insurance, but victims who lack proper coverage become victims once again: they must either pay for the treatment or pass on the cost as part of the uncompensated care. When the cost is passed on, the patient can suffer from severely damaged credit and, of course, the cost is passed on others in the form of premium increases. There can be costs beyond the initial medical bills, such as ongoing medical bills, the loss of income, and the psychological harm.

In addition to medical expenses of those who are shot, there are also the costs of the police response, the impact on employers, and the dollar value of those who are killed rather than wounded (and do not forget that dying in the hospital obviously does not automatically clear the bill). While estimating the exact cost is difficult, a mass shooting like the Pulse Nightclub shooting will probably end up costing almost $400 million. While mass shootings, such as the recent one in Las Vegas, get the attention of the media, gunshot wounds are a regular occurrence in the United States with an estimated cost of $600 million per day. While some will dispute the exact numbers, what is indisputable is that getting shot is expensive for the victim and society. As such, it would be rational to try to reduce the number of shootings and to address the high cost of being shot.

While the rational approach to such a massive health crisis would be to undertake a scientific study to find solutions, the 1996 Dickey Amendment bans the use of federal funding for gun research. There is also very little good data about gun injuries and deaths—and this is quite intentional. Efforts to improve the collection of data are dealt with by such things as the Dickey Amendment. Efforts to impose more gun control, even when there is overwhelming public support for such things as universal background checks, are routinely blocked. While this serves as a beautiful object lesson in how much say the people have in this democracy, it also shows that trying to address the high cost of getting shot by reducing shootings is a noble fool’s errand. As such, the only practical options involve finding ways to offset the medical costs of victims. Naturally, victims can bring civil suits—but this is not a reliable and effective way to ensure that the medical expenses are covered. After all, mass shooters are rarely wealthy enough to pay all the bills and often perish in their attack.

Some victims have attempted to address their medical bills in the same way others who lack insurance have tried—by setting up GoFundMe pages to get donations. While this option is problematic in many ways, the main problem is that it is not very reliable. This, of course, lays aside the moral problem of having people begging so they can pay for being victims of a shooting. To address this problem, I will make two modest proposals.

My first proposal is that gun owners be required to purchase a modestly priced insurance policy that is analogous to vehicle insurance. In the United States, people are generally required to have insurance to cover the damage they might inflict while operating a dangerous piece of machinery. This helps pool the risk (as insurance is supposed to do) and puts the cost on the operators of the machines rather than on those who they might harm. The same should apply to guns—they are dangerous machines that can do considerable harm and it makes sense that the owners should bear the cost of the insurance. Naturally, as with vehicles, owners can also be victims.

It could be objected that owning a firearm is a right and hence the state has no right to impose such a requirement. The easy and obvious reply is that the right to keep and bear arms is a negative right rather than a positive right. A positive right is one in which a person is entitled to be provided with the means to use that right (such as how people are provided with free ballots when they go to vote). A negative right means the person must provide the means of exercising their right, but it is (generally) wrong to prevent them from exercising that right. So, just as the state is not required to ensure that people get free guns and ammunition, it is not required to allow gun ownership without insurance—provided that the requirement does not impose an unreasonable infringement on the right.

Another easy and obvious reply is that rights do not free a person from responsibility. In the case of speech, people cannot simply say anything without consequence. In the case of the gun insurance, people would be acting in a responsible manner—they would be balancing their right with a rational amount of responsibility. To refuse to have such insurance is to insist on rights without responsibility—something conservatives normally rail against. As such, both liberals and conservatives should approve of this idea.

My second proposal, which is consistent with the first, is that there be a modest state fee added to the cost of each firearm, accessory and ammunition box. This money would go into a state pool to help pay the medical expenses of the uninsured who are injured in shootings. Yes, I know that this money would probably be misused by most states, probably to bankroll the re-election of incumbents. The justification is, of course, that the people who buy the guns that could hurt people should bear the cost for the medical expenses of those who are hurt. People already pay sales taxes on such items, this would merely earmark some money to help offset the cost of people exercising their second amendment rights. To go back to the vehicle analogy, it makes perfect sense to add a fee onto the cost of gas to pay for roads and other infrastructure—that way the people who are using it are helping to pay for it. Likewise for guns.

An obvious objection is that this fee would be paid by people who will never engage in gun crime. This is a reasonable concern, analogous to other concerns about paying into anything that one is not directly responsible for. There are two reasonable replies. One is that the funds generated could cover medical expenses involving any firearm crime or accident and anyone can have an accident with a gun. Another is the responsibility argument: while I, as a gun owner, will probably never engage in a gun crime, being able to exercise my right to own guns allows people who will engage in gun crimes to engage in those crimes. For example, the Las Vegas shooter was operating under the protection of the same gun rights that protect me up until the moment he started firing. This fee would be my share of the responsibility for allowing the threat of gun violence to endanger everyone in the United States. Such a modest fee would be a very small price to pay for having such a dangerous right. Otherwise, I would be selfishly expecting everyone else to bear the cost of my right, which would not be right. So, to appeal to principled conservatives, this would be a way for taking responsibility for one’s rights. As people love to say, freedom isn’t free.

 

 

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Why Gun Rights Advocates Should Back Apple

As this is being written, Apple is involved in a battle with the state over cracking its own security measures. The company has made its case via a letter to the customers. Although I have written on the matter of encryption and backdoors on other occasions, I will focus on why American gun rights advocates should back Apple in this particular matter and support encryption in general. To do so I will make use of three stock gun rights arguments. As always, I will also consider reasonable objections against my view.

The comparison of guns and encryption was inspired by two main factors. The first is that the alleged San Bernardino shooter whose phone Apple is supposed to crack used guns to commit the alleged murders. However, the central debate arising from this situation is over the alleged killer’s phone. The second is that encryption has been classified as a weapon, which makes for an interesting connection to other weapons, most importantly guns.  I now turn to my arguments.

One standard argument in defense of gun rights in the United States is to appeal to the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  This is supposed to provide citizens with the right to own weapons and is often used to argue for the rights to carry weapons openly.

While there is obviously no Constitutional Amendment that mentions a right to encryption, this right would appear to fall under the Fourth Amendment: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

While people can obviously be more or less fixated on different rights, if gun rights are regarded as justified by the Constitution, then consistency would require accepting that a right of encryption is justified by the Constitution. As such, gun rights advocates should also advocate on behalf of encryption rights.

It could be objected that while the Constriction makes clear reference to arms, papers and effects, it makes no reference to digital data. As such, since there is no right to be secure in regards to digital data, there is no right to encryption.

The easy reply to this is to employ a version of the argument used by gun advocates when their critics point out that the arms referred to in the Constitution are flintlocks, swords, and bayonets. That is, 18th century arms. The response is, of course, that “arms” now includes modern weapons as well, such as assault rifles. The same sort of argument can be used in support of encryption rights: the modern version of papers would include digital data—in the 18th century “papers” referred to a means of data storage.

Another objection is that the Fourth Amendment does not grant a right to encryption—it merely grants a right to be secure such that the state has to go through a specific process to violate that security. Crudely put, it is not a right to have locks on your door; it is a right that the state must have a proper warrant before coming in. In the case of digital data, the lock would be the encryption.

The reasonable reply to this is supplied by Thomas Hobbes. He made the excellent point that a right without the means to exercise it is not a right at all. As such, the people need the means to exercise their right to be secure and this would cover the use of encryption.

A final objection is that even if people have a right to encryption, it does not follow that they have a right to unbreakable encryption that would keep the state out. After all, the Fourth Amendment allows for reasonable searches and seizures.

The reply to this is to point out that while reasonable searches and seizures are allowed, they are not granted to the state as a right.  That is, the state does not have a Constitutional Guarantee to get into our effects and papers. As such, citizens are under no obligation to provide the state with a means to access their papers and effects.

Given these arguments, there would seem to be a Constitutionally protected right to encryption and those who profess a love of the Constitution and the Second Amendment in particular should lovingly embrace encryption.

A second argument commonly used by gun advocates is that citizens need guns in order to protect themselves from criminals, terrorists and other bad guys. This argument is used even in the face of the obvious fact that criminals, terrorists and other bad guys use guns to cause harm. When it is argued that the way to ensure safety is to restrict or even eliminate gun ownership, two stock replies are that then only the bad guys will have guns and that the only way to stop a bad buy with a gun is a good guy with a gun.

The same sort of argument applies to encryption: there are criminals, terrorists and other bad guys who want to harm us by getting into our data. Just as a gun is supposed to protect a citizen from threats in the physical world, encryption is a weapon of defense in the digital world.

It can be objected that the bad guys will also use encryption to protect themselves from law enforcement. However, this is exactly like how the bad guys also use guns to protect themselves from law enforcement. As such, if people should be allowed to have guns to defend themselves against bad guys, the same right of self-defense justifies the possession of encryption. If it is argued that citizens should give up encryption in favor of safety, then the same must be said of guns—something that certain politicians apparently do not grasp.

It might be said that while citizens do have a right to encryption, the state must have the means to turn it off so it can engage in investigations and spying on the bad guys. The same argument could be made for a “turn off” device for guns that would allow them to be remotely disabled by the state—citizens who are law abiding will have nothing to worry about, since the state would have to go through due process to turn off their guns.

The response to such a gun switch proposal is easy to imagine—gun rights advocates would point out that the bad guys would soon acquire the means to turn off the guns of honest citizens and leave them helpless in the face of an attack. The same concern applies to having an off switch for encryption: the bad guys would soon have it and use it to harm honest citizens. As such, citizens need unbreakable encryption in order to be safe and this should be supported by those who believe that citizens need guns to be safe.

The third commonly used gun rights argument is based on the claim that citizens need guns in order to protect themselves from the tyranny of the state. The idea is that armed citizens provide a deterrence against state tyranny and arms provide a means of defense should deterrence fail.

This argument can also be applied to encryption: the rights of the citizens are protected from the state’s intrusion because the state cannot gain access to the citizen’s papers without the consent of the citizen. In this regard, encryption provides even greater security than the gun—the state, after all, has much larger guns and can easily kill any citizen or any mob of small arm carrying citizens. But encryption that it cannot break puts every citizen on equal footing with the state in this regard. Because of this, those who are worried about the tyranny of the state should support encryption.

In light of the above arguments, those that favor gun rights should also back encryption rights. After all, the justifications for gun rights even more strongly support the right to encryption.

 

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Professor Gun Ban

While all states allow for concealed carry, schools have generally been areas of exemption. As this is being written, my adopted state of Florida is considering a bill that would make concealed carry legal on the campuses of the state’s public universities. Some other states have already passed such laws. While I have written about concealed campus carry before, my focus here is on professors who refuse to allow guns in their classrooms and offices.

While I am not a lawyer, I am inclined to believe that professors lack the legal authority to impose such bans. This is, presumably, something the courts will be hashing out in upcoming lawsuits—perhaps including suits alleging a violation of a constitutionally protected right. Since I am not a lawyer, I will leave the legal matters to the experts. Instead, I will focus on the moral aspects of the subject.

One moral argument that could be made in favor of the professors is that they have the right to ban things they regard as morally offensive from their classrooms and offices. So, a professor who is morally opposed to guns could refuse to allow them. This is analogous in some ways to religious freedom arguments used to justify a business not providing coverage of contraception or those deployed against allowing same sex-marriage. The idea in all these cases is that the moral interest of one person or group overrides that of another, thus justifying the freedom of one over another. In the case of guns, it is the right of the professor to teach and hold office hours in a gun-free environment that overrides the right of others to carry guns.

One reply to this argument, as is used in the religious freedom cases, is that the right of the professor to restrict the right of the students is not justified. That is, their right to carry a weapon trumps her right to be in a weapon free zone. This would be somewhat similar to how the right of a same-sex couple to marry trumps the right of religious people to live in a same-sex marriage free country.

Another reply to this argument is to draw an analogy that is aimed at showing the absurdity of such a professorial ban. Imagine a professor who has a deep and abiding moral opposition to birth control and wants to ban them from her classroom and office. This includes birth control that is being “concealed” in the body (for example, a woman on the pill)—while the professor cannot see it, the mere presence is morally intolerable to her. While the professor has the right to keep students from fornicating in class, she would not seem to have the right to ban the presence of birth control. A similar argument could be made with smart phones: a professor can forbid their use in class because they can be disruptive and be used to cheat, but he cannot refuse to allow students to have them in their backpacks or pockets. As such, professors do not seem to have the right to ban guns simply because they are morally offended by them.

A better moral argument is based on the matter of safety: a professor could be concerned about people being shot (intentionally or accidentally). Colleagues of mine have also spoken about the chilling effect of allowing guns on campus: people, it is claimed, would be afraid to discuss contentious issues. It is also claimed that some professors would be inclined to grade easier to avoid getting shot.

There certainly are legitimate safety concerns about allowing guns on campus. However, there are two obvious points worth considering. The first is that guns are already allowed many places and people do not seem generally inclined to avoid contentious discussions or to not do their jobs properly because someone might shoot them with a (up to the murder attempt) legally carried gun.  As such, unless campuses are simply special places, this concern does not warrant a special ban on campus carry. Put another away, if guns are allowed almost everywhere else, then without a relevant difference argument, they should be allowed on campuses. The second, as I point out to my colleagues, people can very easily carry guns illegally on campus. If someone intends to kill a professor over a bad grade or a heated discussion (which has happened) they can do so. Campuses are generally quite open and I have never seen anyone checked for weapons at any university. A professor ban would certainly not provide a greater degree of safety—even if the professor was able to enforce such an almost certainly illegal ban.

Interesting, the state legislatures who pass concealed carry on campus laws generally forbid people to bring guns to the legislature. While this shows inconsistency, it does not show the law is wrong. It does, however, point towards a relevant difference argument—perhaps the campus is relevantly similar to the legislature.

My view is that there is not really a compelling reason to walk around campus with a gun and I am concerned about safety issues. However, I do not have the moral right to ban guns from my classroom or office. In fact, I would plan on carrying one myself.

 

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Gun Violence, Once More

The most common type of gun confiscated by pol...

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Mass murders, defined as four or more people killed, occur with unfortunate regularity in the United States. These murders typically involve guns—most likely for the obvious reason that guns make killing much easier. The latest incident to grab the public’s attention was a shooting in a Washington Navy yard in which twelve people were murdered. As with each such horrible event, the gun cycle has been restarted.

As always, some people demand that “something be done” while others rush to head off any attempts to actually do something that might involve guns. As with each previous cycle, this one will slowly spin down and lose the eye of the public. Until the next shooting.

I have written so many times about guns and violence that I suspect that I do not have anything new to say about the matter. From what I have heard, seen and read, it seems like the same is true of other people.

In defense of guns, people trot out the usual line about it being people that kill rather than guns. This is, obviously enough, a true claim: guns are tools that people sometimes use to kill other people. Guns do not engage in murder by themselves. Another way to look at it is that it is true that guns do not commit gun crimes—people do. Of course, the same is true about drug crimes: drugs do not commit drug crimes—people do.

While muttering about guns not killing sounds callous when bullet ridden corpses so recently lay on the ground, this approach does have some merit. After all, when people do kill people with guns, there is some reason (a causal chain) behind it and this reason is not simply that the person had a gun. Rather, they have the gun and use it for reasons (in the sense of there being causes).

In the case of the latest alleged shooter, there seems to be evidence of mental health issues, such as his allegedly telling the police about voices and attempts to beam messages to him with microwaves. He also had a police record that included “minor” gun incidents, such as shooting a coworker’s tire and discharging a firearm through his ceiling into the apartment above. Despite all this, he was still able to legally purchase a gun and even keep his security access to military bases.

Looking back at other shootings, some of them are similar in that the shooter had mental issues that were known but did not reach a level at which legal action could be taken. This, of course, suggests that changing the laws would be a potential solution. However, the obvious concern is that the majority of people who fall below the level at which legal action can be taken to deny them guns never engage in violence. I have written extensively about this before and hold to the same position, namely that denying people their rights requires more than just the mere possibility that they might do something.

It is interesting and disturbing to note that it is worth considering that our entire society is mentally deranged. This point was made quite some time ago by Emma Goldman in her essay on anarchism. She noted that we are like animals in captivity and our behavior is deranged by the conditions that are imposed on us by those who hold power. We face a society with grotesque inequalities, ethical problems, drug abuse (which is both a cause and effect), little social support and great stress. Most people who are ground down by this situation break down in non-violent ways, but it is hardly a shock that some people respond with violence. If this is the case, then the violence is a symptom of a greater disease and gun laws would fail to address the disease itself—although they could make gun violence less likely.

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Gun Research

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One important component of rational decision making is acquiring the best available evidence regarding the subject at hand. This is because there are two main components to having a good argument. The first is the quality of the reasoning being used (that is, how well the premises support the conclusion). The second is the quality of the premises (that is, whether they are true/plausible or not). Assuming the goal is to reach the truth, it is essentially irrational to intentionally ignore available evidence. Of course, truth is only rarely the goal that people seek.

One area where we need rational decision making is in regards to gun policy. While I am not anti-gun (far from it-I have been a gun enthusiast since my childhood), I do hold that it is proper for there to laws regulating guns. Being rational, I want the decisions about the laws to be based on the best available evidence. Naturally, I also want the laws to match my core political values (life, liberty, property and justice).

In some cases, people are not interested in having the best available evidence because of irrational reasons: laziness, prejudices, and so on. In other cases, people are rather interested in preventing others from acquiring the best available evidence for what are pragmatically rational reasons. For example, a criminal certainly has a pragmatically rational reason to ensure that others do not acquire evidence of her crimes. As another example, a company that stands to benefit from the ignorance of consumers would have a pragmatically rational reason to keep them ignorant.

While it is estimated that there are 30,000 gun deaths and 70,000 gun injuries in the United States each year (which makes guns about as dangerous as automobiles), there is a shortage of data regarding these deaths and injuries. This is not due to a lack of interest or concern. Rather, it is mainly due to the fact that  the NRA’s lobbying efforts effectively limited research into gun violence.

In 1996 the CDC was planning to conduct additional studies of gun-related deaths in the context of public health. These studies were intended to be a follow up on studies conducted since 1985 which all concluded in favor of stricter gun control.  In response, Republican Jay Dickey saw to it that the funding for the research was removed from the CDC’s budget. While the funding was restored, it was steadily reduced and the CDC elected to spend the money on studying traumatic brain injuries.

In addition to the tactic of cutting funding, a law was passed that states that “none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control.”

As might be inferred, these tactics have had the desired impact, namely a significant reduction in research on gun-related deaths and injuries.  This is not to say that there is no research. There have been studies regarding guns and gun ownership and some results indicate that gun ownership is a health risk-especially in regards to children of gun owning parents.  This, as might be guessed, suggests the desire on the part of the NRA to prevent scientific studies of gun-related deaths and injuries.

On the face of it, this attempt to impede research on gun-related deaths and injuries would seem to be immoral. First, there is the moral concern with intentionally trying to impede the acquisition of information that could be very useful in preventing needless deaths and injuries. It is, of course, interesting to contrast this intentional impediment of scientific research with the willingness to intrude on rights and liberties under the banner of national security. In the case of matters linked to terrorism, the stock argument is that these rights and liberties must be sacrificed on utilitarian grounds. That is, it is claimed that the benefits of such intrusions is worth the harms done. However, if  the need to prevent the harms of terrorism warrants intrusions on basic rights and liberties, then it would seem rather inconsistent to attempt to prevent public research into gun-related violence.

Second, there is also the general moral concern with intentionally trying to impede the search for truth. While it is understandable that the NRA and certain other folks would rather that ignorance be maintained, this hardly makes it right.

One possible reply is to make a moral case on utilitarian grounds. Those who wish to prevent the funding of such studies could contend that they might be used to argue successfully in favor of expanding gun control and this would create more harms than benefits.

One obvious problem with this reply is that if the studies did show that gun control would be beneficial for society as a whole and thus provide a reasonable basis for gun control, then it would be the case that the studies would create more overall benefits than harms. This could be countered by adopting an ethical egoist position, namely that the folks who regard gun control as contrary to their interests are acting morally by opposing such studies. Naturally, the folks whose interests are served by gun control (such as potential victims of gun violence) would be equally right in supporting such research. So, if one is willing to accept ethical egoism as the correct moral view, then all the parties who are acting in their interest are right. This does, however, come with its own problems.

Another reply is to contend that such studies would lead to intrusions on the second amendment by providing evidence that would justify expanding gun control. As such, this evidence must be intentionally suppressed in defense of the second amendment.  This is certainly an interesting variant of the stock second amendment arguments regarding gun control.

While the idea of defending rights via imposed ignorance has a certain magic to it, this does seem problematic. The obvious reply is that such rights are not absolute and they can be justly limited. To use the usual stock example, the right of free speech does not extend to slander. As such, some additional limitations on the already limited second amendment rights could be justified by such studies.  Also, it seems rather odd to justify imposing ignorance on the grounds that studies might reveal some information that might prove useful in arguing for expanding gun control. After all, such studies might reveal that there is no need for any expansion of gun control laws. Then again, the fact that the NRA has lobbied to prevent such studies strongly suggests that such studies would reveal information that would provide rational support for expanding gun control laws.

Since the above attempts have failed, perhaps another tact could be taken in defense of the law restricting funding for research into gun violence.

The specific wording of the law, it should be noted, does not forbid funding studies of gun violence. Rather, it states that  “none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control.”

One, perhaps naive, way to interpret this is that the folks who had the law written are merely trying to prevent public money being used to advance a specific political agenda, namely that of gun control. On this interpretation, the funding could be used to study gun violence provided that none of the funding is used in advocacy or promotion. This seems reasonable enough. After all, using public money to advocate or promote a particular agenda (such as traditional marriage) would surely be wrong.

The first reply to this is that whatever the interpretation,  the effect of the law has been to take away the funds for research into gun violence as a public health issue. As such, the law is effectively a band on federal spending to research gun violence.

The second reply is that the law mandates that funded studies cannot conclude that gun control would be beneficial to the health of the public. Such a conclusion would presumably all under advocating or promoting gun control. As such, studies can be funded provided that those conducting the studies promise to draw no conclusion involving positive effects of gun control. As such, studies that conclude that gun control is bad or useless would be just fine. As such, researchers would be free to pursue the truth, provided that this pursuit did not lead to a truth indicating that gun control would be beneficial to public health. That certainly appears to be an immoral and unreasonable limitation.

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A Six-Gun for Socrates

Six-Gun for Socrates - Michael LaBossiereThis short book presents a series of philosophical essays written in response to gun violence in the United States. While the matters of guns, violence and rights are often met with emotional responses, my approach has been to consider these matters from a philosophical standpoint. This does not involve looking at them without emotion. Rather, it involves considering them in a rational way and this requires considering how our emotions affect our views of these vital matters.

The book contains the following essays:

    • Gun Control
    • Costas & Guns
    • When is it Time to Discuss Gun Violence?
    • High Capacity, High Powered Semi-Automatic
    • Mental Illness, Violence & Liberty
    • God and Sandy Hook
    • Mental Illness or Evil?
    • Video Games, Movies & Violence
    • Background Checks
    • Dr. King & Guns
    • Gun Rights & Tyranny
    • Is the denial of gun rights, in and of itself, a tyranny?
    • Is there an Obligation of Self-Defense?
    • On Not Being Ant-Gun
    • The Founders, the Future, the First & the Second
    • Are Cars Analogous to Guns?
    • Conclusion

Available now on Amazon.

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