CONTENTS
Preface xi
Acknowledgments xv
c h a p t e r 1 The Benefits of Gun Ownership 1
A.
The Benefits of Guns for Personal Self-Defense
3
Basic Self-Defense Principles 3
The Effectiveness of Guns for Self-Defense
6
Point Blank: Guns and Violence in America—Gary Kleck
How Many Defensive Gun Uses (DGUs)? 12
Armed Resistance to Crime: The Prevalence and Nature of
Self-Defense with a Gun—Gary Kleck and Marc Gertz 13
The Gun Debate’s New Mythical Number: How Many
Defensive Uses Per Year?
—Philip J. Cook, Jens Ludwig, and David Hemenway 26
B.
Gun Ownership and Carrying as a Deterrent to Crime 33
Armed and Considered Dangerous: A Survey of Felons and
Their Firearms—James D. Wright and Peter H. Rossi 34
Gun Carrying
37
More Guns, Less Crime: Understanding Crime and Gun
Control Laws—John R. Lott Jr. 38
v
6
•
contents
•
“Lotts” More Guns and Other Fallacies Infecting the
Gun Control Debate—Andrew J. McClurg 48
C.
Recreational Use 53
c h a p t e r 2 The Costs of Firearms 60
A.
Homicides and Other Intentional Shootings 61
Firearms and Violence: Interpreting the Connection
—Stevens H. Clarke 63
B.
Suicide
78
The Public Health Case for the Safe Storage of Firearms:
Adolescent Suicides Add One More “Smoking Gun”
—Andrew J. McClurg 82
C.
Accidental Shootings 91
Targeting Guns: Firearms and Their Control—Gary Kleck
D.
The Financial Costs of Firearms Crime 103
E.
Fear 106
Fear of Crime in the United States: Avenues for Research
and Policy—Mark Warr 106
c h a p t e r 3 Philosophical Roots of the Right to Arms
and of Opposition to That Right 113
A.
Self-Defense as a Natural Right
113
In Defence of Titus Annius Milo—Cicero 114
The Rights of War and Peace—Hugo Grotius
Leviathan—Thomas Hobbes 116
vi
115
91
•
contents
•
Second Treatise on Government—John Locke 116
On Crime and Punishment—Cesare Beccaria
B.
119
Arms Bearing as an Incident of Citizenship 122
The Politics—Aristotle 122
The Art of War—Niccolo Machiavelli
123
Letter to Samuel Kercheval (July 12, 1816)
—Thomas Jefferson 125
Advice to the Privileged Orders—Joel Barlow
C.
126
The Propensity of Absolute Rulers to Disarm Their Subjects 130
The Politics—Aristotle 130
The Republic—Plato 131
The Laws—Plato
132
The Art of War—Niccolo Machiavelli
132
The Six Bookes of a Commonweale—Jean Bodin 133
The American Crisis—Thomas Paine
D.
134
The Citizen Militia as Dual Safeguard against Tyranny and
Foreign Invasion 137
Discourses on Livy—Niccolo Machiavelli
137
A Discourse of Government with Relation to Militias
—Andrew Fletcher 139
The Federalist No. 46—James Madison 141
E.
Doubts about the Efficacy of Militias
147
An Inquiry into the Nature and Causes of the Wealth of
Nations—Adam Smith 147
The Federalist No. 29—Alexander Hamilton 151
vii
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contents
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c h a p t e r 4 The Right to Arms in the Second Amendment
and State Constitutions: Cases and Commentary 155
A.
The Second Amendment in the Supreme Court 156
Presser v. Illinois, 116 U.S. 252 (1886) 158
United States v. Miller, 307 U.S. 174 (1939) 163
B.
The Second Amendment in Lower Federal Courts 177
Hickman v. Block, 81 F. 3d 98 (1996) 177
United States v. Emerson, 46 F. Supp. 2d 598 (N.D. Tex. 1999) 181
C.
Scholarly Commentary on the Second Amendment 189
A Critical Guide to the Second Amendment
—Glenn Harlan Reynolds 190
Commonplace or Anachronism: The Standard Model, the
Second Amendment, and the Problem of History in
Contemporary Constitutional Theory—Saul Cornell 204
D.
The Right to Keep and Bear Arms under State Constitutions 212
Andrews v. State, 50 Tennessee (3 Heisk.) 165 (1871) 213
City of Salina v. Blaksley, 83 P. 619 (Kans. 1905) 218
State v. Kessler, 614 P. 2d 94 (Ore. 1980) 222
Arnold v. City of Cleveland, 616 N.E. 2d 163 (Ohio 1993) 227
c h a p t e r 5 Guns and Identity: Race, Gender, Class,
and Culture 234
A.
Race
235
The Second Amendment: Toward an Afro-Americanist
Reconsideration
—Robert J. Cottrol and Raymond T. Diamond 236
viii
•
contents
•
Race, Riots, and Guns—Carl T. Bogus 245
National Association for the Advancement of Colored People v.
A. A. Arms, Inc. et al. 253
Guns Don’t Kill Black People, Other Blacks Do
—David Horowitz 255
B.
Gender
258
Why Annie Can’t Get Her Gun: A Feminist Perspective on the
Second Amendment—Inge Anna Larish 258
Why Packing a Pistol Perpetuates Patriarchy
—Alana Bassin 267
C.
Class and Culture 276
Submission Is Not the Answer: Lethal Violence, Microcultures
of Criminal Violence and the Right to Self-Defense
—Robert J. Cottrol 277
Firearms Ownership by Class and Culture 280
Lethal Violence Victimization by Class and Culture 283
c h a p t e r 6 Guns and Civil Liability
A.
288
Are Guns Defective Products on the Theory That Their Risk to
Society Outweighs Their Usefulness? 289
Handguns as Products Unreasonably Dangerous Per Se
—Andrew J. McClurg 291
Rejecting the “Whipping-Boy” Approach to Tort Law:
Well-Made Handguns Are Not Defective Products
—Philip D. Oliver 302
B.
Are Guns Defective Products If They Can Be Made Safer? 308
A Public Health Approach to Regulating Firearms as Consumer
Products—Jon S. Vernick and Stephen P. Teret 308
ix
•
C.
contents
•
Have Gun Manufacturers Negligently Marketed Guns
to Criminals? 320
Merrill v. Navegar, Inc. 89 Calif. Rptr. 2d 146 (Calif. Ct. App.
1999), reversed, 110 Calif. Rptr. 2d 370 (Calif. 2001) 327
D.
Government Plaintiff Litigation 334
Municipal Firearm Litigation: Ill Conceived from Any Angle—
Anne Giddings Kimball and Sarah L. Olson 337
The Smith & Wesson Settlement
The Future 355
Permissions 356
Index 358
About the Editors 368
x
347