- People have the right to do anything that does not directly harm others.
- There should be greater restrictions on gun ownership.
How can I believe both of these things? Well, I’m not really sure. This post is my attempt to work through that question for myself. So in the event that this piece of writing fails to be cohesive or make any convincing points, I offer the lame defense that I never really expected it to, anyway.
A quick caveat: this isn’t about whether gun control measures will work or not. They have worked in other places; there’s no real reason to think they wouldn’t work in the United States as well, if implemented at a federal level and in good faith. But this is about whether these gun control measures are ethically justifiable or not, whether they are compatible with the principle of liberty.
My first thought is that we shouldn’t treat “liberty over security” as an absolute maxim. Sure, it makes for a nice slogan, and I like to break out that Benjamin Franklin quote just as much as anyone, but maybe the truth is that liberty and security are always going to be in tension with each other. We can’t just decide once and for all that we are always going to side with liberty (or with security, for that matter) - that’s a recipe for absurdity. We need to look at particular situations. And there are plenty of cases where we have erred on the side of security - the PATRIOT Act, for instance. But when it comes to gun ownership, I think we may be out of balance in the other direction.
There are always costs to freedom. I am just not willing to accept the particular costs of this particular freedom. I suppose that’s what it fundamentally comes down to.
But there is this attitude out there among Second Amendment people (I’ve heard it said that our country is divided into First Amendment people and Second Amendment people, although I think there’s also an interesting case to be made that our real political schism has to do more with the tension between the Ninth and Tenth Amendments) that we always choose liberty over security. Or that we are supposed to. That this principle is somehow baked into the crust of American pie. And that’s what really bothers me. The truth is that, as un-sexy as it may be, security is a valuable end in itself, and we are already in the habit of restricting freedom in order to achieve it. We wouldn’t be doing anything categorically different by enacting stricter regulations on guns.
Think of driving. We treat a drivers’ license as a privilege that can be taken away if your driving is too great a threat to the safety of others. Granted, there is no “right to drive” specifically enumerated in the Constitution. But there were also no cars when the Constitution was written. (Nor were there automatic weapons, for that matter, so the redefinition of “arms” to include things that the Founding Fathers, as imaginative as they may have been, couldn’t have even dreamt up is certainly questionable.) And there’s also that pesky Ninth Amendment again. Just because it’s not listed in the Constitution doesn’t mean it can’t be considered as a right. So why don't we ever talk about the "right to drive?" Why don't we ever hear that depriving citizens of the freedom to operate a vehicle (for the sake of others' safety) is an affront to American values?
I suppose there is a distinction to be made between taking away someone’s ability to do something and to possess something. As any fifteen-year-old with rich parents can tell you, it’s possible to own a car and not drive it. Just as it is possible to own a gun and never shoot it (though it might displease Anton Chekhov.) But this example does show how willing we are - in other specific cases - to choose security over liberty. There is no movement (that I know of) to reinstate the “driving rights” of citizens who have been convicted of multiple DUIs or vehicular homicide.
And there are plenty of items that it is illegal to possess. Most obviously, substances like cocaine, heroin, and methamphetamine are banned at a federal level. (I mean, so is marijuana, but not really. The only person who doesn’t seem to know this is Jeff Sessions.) There were states that banned the energy drink/alcoholic beverage/Spanglish bastardization Four Loko because it was “too dangerous.” Other places ban fireworks. And in perhaps the most ridiculous example, there is a chocolate-with-a-toy-inside-thing called a Kinder Surprise egg that brings joy to children across Europe but is illegal in the United Sates - because of the risk that children could choke on the non-food part.
Anything else besides a gun that killed nineteen children in a single incident would be banned immediately and without controversy.
I suppose you could make the case that all of these bans are unjust, that they are examples of government overreach, that they only prove how much we already encroach upon the liberty of individuals to live as they please rather than provide any justification for doing so any further. And I’m sure there are plenty of libertarian-minded thinkers out there who would make that point. But it would be a rather extreme thing to say. It would mean arguing that meth and heroin should be legal. That position is out there, but it is at the fringes of our political discourse. Not quite inside the Overton Window.
The view that automatic and semi-automatic weapons ought to be legal and accessible, in spite of the risk they pose to public safety, ought to be a view held by a minority of extremists. But it has been made artificially mainstream by the NRA, the politicians who listen to them, and a whole bunch of bad faith.
There is definitely an all-or-nothing attitude out there when it comes to gun control, which has been mocked for years but has not disappeared. Some lawful gun-owners do legitimately believe that liberals want to take away all their guns, that what is being proposed is something similar to the mandatory gun-buyback program that Australia implemented after the 1996 Port Arthur Massacre. (A program which was, by the way, extremely successful.) And I have been disappointed to see some liberals out there lately start to say (or, usually, Tweet) things like, “Yes, I do want to take all your guns.” (Or “Why do you need a gun anyway?” Which is very much not the point. Does anyone need a 52-oz soda? Of course not. But Michael Bloomberg is still a putz for trying to take them away. [This is, by the way, one of the only issues on which I disagree vehemently with Leslie Knope.])
No, we ought to be absolutely clear about what specific policy changes we are actually advocating. (And not use euphemisms like “common sense gun control measures” either, because that is a totally meaningless phrase.) So what do I believe we should do in response to mass shootings? Two things: I think we should make NCIS background checks mandatory in all gun sales (a measure which is supported by something like 97% of the population, which means that it is only that fringe liberty-uber-alles crowd that disagrees with it) - and I think we should ban the sale of all semi-automatic weapons, such as the infamous AR-15.
This second measure is probably the more controversial one. (Marco Rubio claims it is “well outside the mainstream,” though that seems like a stretch as well.) But again, I don’t think it is anything unprecedented. Let’s extend things outward a bit. Let's stop talking about “guns” and start thinking about it in terms of “weapons.” We all accept that there must be certain weapons that it is illegal for a private citizen to possess. Is there anyone out there who would argue that I have the right to own a nuclear bomb? Do I have the right to enrich uranium in my bedroom (and do all the other crap making a nuclear bomb entails - I don’t really know what it is and it’s probably not a good idea to look it up right now, especially since I’m currently on a plane) so long as I never actually use the weapon? It’s an absurd example, but that’s the point. I feel pretty safe in assuming that no one would argue for my right to possess a nuclear bomb. (Anyone who would needs to get to know me a bit better first. The same is true of anybody who believes teachers should be armed.)
Then a bit further down the continuum of weaponry, we have machine guns - fully-automatic weapons - which were successfully banned in the 80s. The idea of moving the legal/illegal line just a bit further down the continuum to include semi-automatic weapons doesn’t seem like it should be all that controversial. It is not as though we are completely forsaking liberty, not as though an AR-15 is synonymous with the abstract principle of freedom. I guess it is a symbol to a lot of people. But are we really willing to accept so great a cost for the sake of a symbol? Symbols are important, sure, but so is the well-being and safety of our population. We're not a young, single woman moving to New York City in a sitcom from the 90's - we can't have it all. We have to make a choice and accept the consequences.
A quick caveat: this isn’t about whether gun control measures will work or not. They have worked in other places; there’s no real reason to think they wouldn’t work in the United States as well, if implemented at a federal level and in good faith. But this is about whether these gun control measures are ethically justifiable or not, whether they are compatible with the principle of liberty.
My first thought is that we shouldn’t treat “liberty over security” as an absolute maxim. Sure, it makes for a nice slogan, and I like to break out that Benjamin Franklin quote just as much as anyone, but maybe the truth is that liberty and security are always going to be in tension with each other. We can’t just decide once and for all that we are always going to side with liberty (or with security, for that matter) - that’s a recipe for absurdity. We need to look at particular situations. And there are plenty of cases where we have erred on the side of security - the PATRIOT Act, for instance. But when it comes to gun ownership, I think we may be out of balance in the other direction.
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| Formerly the most famous "person who is on money but was never president"; probably annoyed with Lin-Manuel Miranda |
There are always costs to freedom. I am just not willing to accept the particular costs of this particular freedom. I suppose that’s what it fundamentally comes down to.
But there is this attitude out there among Second Amendment people (I’ve heard it said that our country is divided into First Amendment people and Second Amendment people, although I think there’s also an interesting case to be made that our real political schism has to do more with the tension between the Ninth and Tenth Amendments) that we always choose liberty over security. Or that we are supposed to. That this principle is somehow baked into the crust of American pie. And that’s what really bothers me. The truth is that, as un-sexy as it may be, security is a valuable end in itself, and we are already in the habit of restricting freedom in order to achieve it. We wouldn’t be doing anything categorically different by enacting stricter regulations on guns.
Think of driving. We treat a drivers’ license as a privilege that can be taken away if your driving is too great a threat to the safety of others. Granted, there is no “right to drive” specifically enumerated in the Constitution. But there were also no cars when the Constitution was written. (Nor were there automatic weapons, for that matter, so the redefinition of “arms” to include things that the Founding Fathers, as imaginative as they may have been, couldn’t have even dreamt up is certainly questionable.) And there’s also that pesky Ninth Amendment again. Just because it’s not listed in the Constitution doesn’t mean it can’t be considered as a right. So why don't we ever talk about the "right to drive?" Why don't we ever hear that depriving citizens of the freedom to operate a vehicle (for the sake of others' safety) is an affront to American values?
I suppose there is a distinction to be made between taking away someone’s ability to do something and to possess something. As any fifteen-year-old with rich parents can tell you, it’s possible to own a car and not drive it. Just as it is possible to own a gun and never shoot it (though it might displease Anton Chekhov.) But this example does show how willing we are - in other specific cases - to choose security over liberty. There is no movement (that I know of) to reinstate the “driving rights” of citizens who have been convicted of multiple DUIs or vehicular homicide.
And there are plenty of items that it is illegal to possess. Most obviously, substances like cocaine, heroin, and methamphetamine are banned at a federal level. (I mean, so is marijuana, but not really. The only person who doesn’t seem to know this is Jeff Sessions.) There were states that banned the energy drink/alcoholic beverage/Spanglish bastardization Four Loko because it was “too dangerous.” Other places ban fireworks. And in perhaps the most ridiculous example, there is a chocolate-with-a-toy-inside-thing called a Kinder Surprise egg that brings joy to children across Europe but is illegal in the United Sates - because of the risk that children could choke on the non-food part.
Anything else besides a gun that killed nineteen children in a single incident would be banned immediately and without controversy.
![]() |
| Also banned in the US and Canada. |
The view that automatic and semi-automatic weapons ought to be legal and accessible, in spite of the risk they pose to public safety, ought to be a view held by a minority of extremists. But it has been made artificially mainstream by the NRA, the politicians who listen to them, and a whole bunch of bad faith.
There is definitely an all-or-nothing attitude out there when it comes to gun control, which has been mocked for years but has not disappeared. Some lawful gun-owners do legitimately believe that liberals want to take away all their guns, that what is being proposed is something similar to the mandatory gun-buyback program that Australia implemented after the 1996 Port Arthur Massacre. (A program which was, by the way, extremely successful.) And I have been disappointed to see some liberals out there lately start to say (or, usually, Tweet) things like, “Yes, I do want to take all your guns.” (Or “Why do you need a gun anyway?” Which is very much not the point. Does anyone need a 52-oz soda? Of course not. But Michael Bloomberg is still a putz for trying to take them away. [This is, by the way, one of the only issues on which I disagree vehemently with Leslie Knope.])
No, we ought to be absolutely clear about what specific policy changes we are actually advocating. (And not use euphemisms like “common sense gun control measures” either, because that is a totally meaningless phrase.) So what do I believe we should do in response to mass shootings? Two things: I think we should make NCIS background checks mandatory in all gun sales (a measure which is supported by something like 97% of the population, which means that it is only that fringe liberty-uber-alles crowd that disagrees with it) - and I think we should ban the sale of all semi-automatic weapons, such as the infamous AR-15.
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| The "child size" bit is great, though. |
This second measure is probably the more controversial one. (Marco Rubio claims it is “well outside the mainstream,” though that seems like a stretch as well.) But again, I don’t think it is anything unprecedented. Let’s extend things outward a bit. Let's stop talking about “guns” and start thinking about it in terms of “weapons.” We all accept that there must be certain weapons that it is illegal for a private citizen to possess. Is there anyone out there who would argue that I have the right to own a nuclear bomb? Do I have the right to enrich uranium in my bedroom (and do all the other crap making a nuclear bomb entails - I don’t really know what it is and it’s probably not a good idea to look it up right now, especially since I’m currently on a plane) so long as I never actually use the weapon? It’s an absurd example, but that’s the point. I feel pretty safe in assuming that no one would argue for my right to possess a nuclear bomb. (Anyone who would needs to get to know me a bit better first. The same is true of anybody who believes teachers should be armed.)
Then a bit further down the continuum of weaponry, we have machine guns - fully-automatic weapons - which were successfully banned in the 80s. The idea of moving the legal/illegal line just a bit further down the continuum to include semi-automatic weapons doesn’t seem like it should be all that controversial. It is not as though we are completely forsaking liberty, not as though an AR-15 is synonymous with the abstract principle of freedom. I guess it is a symbol to a lot of people. But are we really willing to accept so great a cost for the sake of a symbol? Symbols are important, sure, but so is the well-being and safety of our population. We're not a young, single woman moving to New York City in a sitcom from the 90's - we can't have it all. We have to make a choice and accept the consequences.
Yes, gun control means a little less liberty. I think I can live with that.










