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Psychiatric Times. Vol. 29 No. 10
POINT/COUNTERPOINT 

COUNTERPOINT: Gun Control and the Second Amendment

By Joshua Horwitz, JD | October 5, 2012
Attorney Horwitz is Executive Director of the Coalition to Stop Gun Violence (http://www.csgv.org). He is a visiting scholar at the Johns Hopkins Bloomberg School of Public Health and coauthor of the book Guns, Democracy, and the Insurrectionist Idea (University of Michigan Press, 2009). He reports no conflicts of interest concerning the subject matter of this article.

Gun violence continues to destroy families and communities in the US on a daily basis.

Dr Robertson offers the same Faustian bargain the National Rifle Association does. We are told that we must allow the massacre of innocent Americans—including children—with easily obtained firearms because “it is the price we must pay for freedom.” All those who have sworn the Hippocratic Oath to protect their patients should stand resolute against this radical and morally bankrupt idea.

(MORE: Mass Murders, Madness, and Gun Control)

The insurrectionist interpretation of the Second Amendment dominates the modern pro-gun movement. This view posits that individuals should be allowed to prepare for war with their government as a counterbalance should it one day become “tyrannical.” Citizens who care about our Constitution and the vast array of rights it affords us might think twice before adopting this flawed and treasonous interpretation as their own.

There is not one shred of evidence to suggest that the Second Amendment’s purpose was to safeguard an individual right of insurrection. The amendment’s author, Federalist James Madison, articulated that its purpose was to split the military power of the new nation between the states and the federal government. But he also made it clear that any opposition to federal tyranny would come from state militia forces “conducted by governments possessing their affections and confidence.”

Our Founders saw what insurrection looked like during acts of armed mob violence such as Shays’ Rebellion. It horrified them and was one of the chief reasons they gathered in Philadelphia to create a new system of government with a stronger, more capable federal government. Article 1, Section 8 of the Constitution makes it clear that the purpose of the militia is to “suppress insurrections,” not to foment them. Remember, what looks like “tyranny” to one man might look like “health care reform” to another.

The comparison of contemporary Americans to the Nazis is not valid. The experience in Germany before World War II, far from providing validation to the insurrectionist argument, instead shows the danger of allowing political violence to influence the political process. Before Hitler’s appointment as Chancellor, the Nazi party had a larger body of men under arms than the German military itself, and frequently used violence to intimidate and kill its political opponents. The Weimar Republic taught us that if a government cannot maintain its monopoly on the use of force, then individual rights can be neither protected nor vindicated.

The claim that governments with strong restrictions on firearms put citizens at risk for government genocide is entirely without basis. Dictators and strongmen kill their citizens. Democracies do not—regardless of their gun laws. A study by Davenport and Armstrong 1 found that “democratic political systems have been found to decrease political bans, censorship, torture, disappearances, and mass killing, doing so in a linear fashion across diverse measurements, methodologies, time periods, countries, and contexts.” Well-developed democracies remain the most effective means of preventing public and private violence.

Allowing individuals to arm for a potential war against our government serves only to increase the risk of civil war and diminish our cherished democratic institutions and rights as defined in the Constitution. Meanwhile, weak gun laws drafted and supported by insurrectionists are taking an enormous human toll, with more than 80 Americans dying daily from gunfire and another 200 suffering injuries. There is no other democracy on the face of earth that experiences this type of gun violence. We are the only free society that has yet to address this problem.

A number of studies have demonstrated that gun ownership makes an individual and his loved ones far more likely to be victims of gun-related homicides, suicides and accidental deaths. The data also show that states with comprehensive firearms regulations have consistently lower rates of gun death.

Psychiatrists need to ask themselves this important question: Does it benefit their patients’ health and safety to give them—or anybody else for that matter—easy access to all the firearms they want with few (if any) questions asked, or would they benefit from laws that require universal, thorough background checks and restrictions on military-style firepower?

In contemporary society—where grotesque shootings are a daily feature of American life—the answer is a matter of life and death.

[For the "Point" to this debate, please click here]

 

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by Douglas Steenblock | October 23, 2012 9:05 AM EDT

Why stop with Nazis; why not include the coming zombie apocalypse as a rationale for heavily arming America? Seriously though, this is precisely the kind of thinking that we often encounter in patients who have paranoia. I don't understand why this publication would even allow such a viewpoint to be presented as a legitimate reason to reject the regulation of firearms. I think that a more interesting question for our profession is this: Why are so many Americans obsessed with guns and so fearful of any attempt to regulate ownership? What is the deeper meaning of those feelings?

Douglas Steenblock, MD, DFAPA
Marshalltown, Iowa

by James Knoll | October 11, 2012 11:55 AM EDT

Thank you Mr. Horwitz for your well reasoned article.

Regarding the tragic case of "mass murder"mass shootings by a single individual - it is a multi-determined event with no simple preventive solution. The reality is that such events are exceptionally hard to anticipate and avert. Thus, prevention must rely on various approaches acting together to provide a widely cast safety net. Such approaches might include enhanced social responsibility, psychiatric efforts, cultural considerations and media responsibility.

Social responsibility may take the form of greater public awareness, willingness to contact authorities when appropriate and reconsidering societal gun control laws. Third parties often have pre-offense knowledge, yet remain quiet for various reasons. Pre-offense messages may be communicated in various forms including verbally, or via Internet pages or YouTube. It may be the case that family members or social contacts are the only ones who could reasonably take steps to have the potential offender evaluated and treated.

Efforts to educate the public about when to notify authorities of danger would seem important. Yet society must ultimately decide how and when to take responsibility in the face of concerning signs. When an individual gives a pre-offense message of intent, or there is some type of "leakage" where threats are made known to third parties at what point does society's interest in averting a potential risk of public harm supersede the confidentiality and privacy rights of the individual? Society has currently addressed these concerns in the form of emergency psychiatric detentions and civil commitment statutes, and it is likely the case that many mass murderers were in need of psychiatric treatment prior to their offense.

Another subject that society will have to consider is what it wishes to do about gun control. Countries with less stringent gun control laws have been observed to have a higher risk of mass murder than countries with stricter laws. While it is clear that gun control in the U.S. will remain a tenacious and controversial issue, other countries have had some success pursuing this area. For example, an Australian observational study compared mass murders before and after 1996, the year of a widely publicized mass murder in Tasmania. Australia quickly enacted gun law reforms that included removing semiautomatic firearms, pump-action shotguns and rifles from civilian possession. Results of the study revealed that in the 18 years before the gun laws, there were 13 mass shootings in Australia. In the 10.5 years after the gun law reforms, there were none.

by Manuel Mota-Castillo | October 05, 2012 6:48 PM EDT

Magnificent, Dr. Pies and congratulations Dr. Horwitz for your brilliant exposition of the facts. For those in doubt this the text of the II 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."

by Ronald Pies | October 05, 2012 4:43 PM EDT

I very much appreciate Josh Horwitz's injection of sanity into this debate! Very simply, no civilized country would tolerate the level of gun-related carnage that the U.S. tolerates-- mainly because sensible regulation of high-capacity clips and rapid-fire weapons is held hostage to powerful political influences. No amount of
insurrectionist "spin" on the Second Amendment can possibly excuse this, and psychiatrists need to reject
such specious and dangerous arguments. Thanks again, Josh Horwitz!

Ronald Pies MD

Related content

POINT: The Case for Gun Control

COUNTERPOINT: Gun Control and the Second Amendment

Mass Murderer Psychobabble Misses Gun Policy Point

Mass Murders, Madness, and Gun Control





Reference

1. Davenport C, Armstrong DA II. Democracy and the violation of human rights: a statistical analysis from 1976 to 1996. Am J Polit Sci. 2004;48:538-554. http://onlinelibrary.wiley.com/doi/10.1111/j.0092-5853.2004.00086.x/abstract. Accessed September 21, 2012.


 
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