Thursday, January 28, 2021

Gun rights isn't a sign of freedom: it's a sign of a failed state!

The concept of Gun rights equalling freedom seems as close to propaganda as one can get: especially if one sits down to look at it objectively. Totalitarian regimes wave around firearms in the same way that people who proclaim this to be a sign of freedom do in the US.

Let's also get down to the reality of the German Reich under Hitler, which liberalised its gun laws. That is the opposite of what the Gun rights crowd want to believe, but it is the truth. The best known case of dissension in Nazi Germany, the White Rose Group, had a firearm with 150 rounds of ammunition. And Operation Valkerie, the largest plot to kill Hitler, was run by military officers.

Wouldn't those people have been armed? Oh, yeah, my fav refutation of the "poor victim" argument for gun rights here.

This is what I call the Cold-Dead-Hands Test. If the only way to get someone's gun is to pry it from their cold, dead hands (literally or figuratively), that's not gun control. When Grant disarmed the Confederates at Appomattox, that wasn't gun control; that was taking prisoners. When the Soviets disarmed the remnants of the German 6th Army at Stalingrad, that wasn't gun control either. Mao didn't come to power in China by tricking the populace into surrendering their arms. He pummeled his well-armed opponents in a stand-up fight. There's a big difference between unable to fight back, and fighting back but losing...

Frankly, this list is a pitifully weak argument against gun control, simply because most of the victims listed here did fight back. In fact, if there's a real lesson to be learned from this roster of oppressions, it's that sometimes a heavily armed and determined opposition is just swept up and crushed -- guns or no guns.

There is another aspect to the relationship of gun rights, propaganda, and totalitarianism which is why do people tolerate authoritarian regimes, which I am not going to get into.

My real interest is in the concept being pushed of "gun rights" which is not that common despite its adherents wishing it were. This blurb from Wikipedia:

Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent of constitutions included a right to bear arms. Since the early twentieth century, "the proportion has been less than 9 percent and falling". In an article titled "U.S. Gun Rights Truly Are American Exceptionalism," a historical survey and comparative analysis of constitutions dating back to 1789, Tom Ginsburg and colleagues "identified only 15 constitutions (in nine countries) that had ever included an explicit right to bear arms. Almost all of these constitutions have been in Latin America, and most were from the 19th century"
Wikipedia lists the following as recognising the concept of gun rights: Guatemala, Honduras, Mexico, Czech Republic, Switzerland, The United Kingdom, Sharia law, and Yemen. Amusingly, the Ginsburg article says, "We code only Mexico, Guatemala and the U.S. as having a right to bear arms." While the constitutions of Haiti and Iran do mention guns, "the provision was too ambiguous for us to consider it a true right to bear arms."

Indeed, looking at the list, we see the person trying to make this argument that these nations have "gun rights" is making a stretch. Let's start with The United Kingdom, which anyone vaguely familiar with the UK and its legal offspring knows doesn't really have "gun rights". Australia and New Zealand are the best examples of how common law offspring have handled "gun rights".

Let's go to Guatemala, Honduras, and Mexico. Anyone who has had an argument with someone who supports "gun rights" knows that these are brought up when discussing the United States' gun problem. Maybe the advocates for regulation need to point out that the countries with the high rates of gun violence also enshrine "gun rights" in their constitutions!

The European Countries are a bit more problematic since while the Czech Republic and Switzerland may believe in "gun rights", they also don't hand out guns willy nilly. And Switzerland does have mass shootings, but the Swiss are so law abiding that they obey the gun laws, which they do have. The Zug Parliament mass shooter didn't use his service rifle, but used a civilian version instead! I would toss in that the Swiss have been working on legislation that would require military members to store their weapons in armouries. And military service is not "universal" and hasn't been for a while.

And the money shot on Switzerland from Politifact (that whole article is useful to the argument about gun rights and failed states):

Switzerland does not have a constitutional right to keep and bear arms, Kopel said.

But even the wikipedia article admits that the nine country list is a stretch.

Which including Sharia Law and Yemen highlights. I was under the impression that Iran, Afghanistan, and Pakistan also believe in gun rights. And I have heard that Iraqis also kept guns. Having to mention any of this highlights the failed state nature of the concept of gun rights. I really shouldn't have to mention that Yemen and Afghanistan have been war zones for a while now.

And they have shitloads of guns...

Toss in that the Northwest Frontier of Pakistan is gun maker heaven. Look up Darra Adam Khel. I'm not sure if this place is history yet, but there is a long tradition of gun making in that region.

In fact choosing most of those countries for trying to push the concept of gun rights highlights the point I am making: places with gun rights don't really have effective governments. And places with effective governments don't really believe in gun rights.

I've already mentioned the characteristics of a failed state in a previous post, but will do so again since part of the "gun rights" belief hinges on this.

A failed state is a political body that has disintegrated to a point where basic conditions and responsibilities of a sovereign government no longer function properly (see also fragile state and state collapse). A state can also fail if the government loses its legitimacy even if it is performing its functions properly. For a stable state it is necessary for the government to enjoy both effectiveness and legitimacy. Likewise, when a nation weakens and its standard of living declines, it introduces the possibility of total governmental collapse. The Fund for Peace characterizes a failed state as having the following characteristics:
  • Loss of control of its territory, or of the monopoly on the legitimate use of physical force therein
  • Erosion of legitimate authority to make collective decisions
  • Inability to provide public services
  • Inability to interact with other states as a full member of the international community
Common characteristics of a failing state include a central government so weak or ineffective that it has an inability to raise taxes or other support, and has little practical control over much of its territory and hence there is a non-provision of public services. When this happens, widespread corruption and criminality, the intervention of state and non-state actors, the appearance of refugees and the involuntary movement of populations, sharp economic decline, and foreign military intervention can occur.

One thing I have noticed with people who believe in gun rights is the tendency to talk about government having an inability to protect people. Also the failure of government to enforce laws. In fact gun rights people basically talk as if we already live in a failed state.

A major part of the rush on firearms is based on the fear of lawlessness, which was somewhat fatuous in regard to covid. On the other hand, the riots did provide an apparent slide toward being a failed state. Especially when people were running around talking about dismantling the body which provides security and order.

I'm sure that someone can take this argument and run with it since there is more than enough evidence that the concept of gun rights really has no constitutional basis (something else I have gone into in depth). Any true "originalist" can rip that argument to shreds even without having to go beyond the text of the US Constitution and decisions interpreting it.

On the other hand, I haven't seen too many people pointing out how bankrupt the concept of "gun rights" happens to be when one examines it. But even the Heller and McDonald decisions pointed out how limited in scope this concept should be if it is to be considered a reality (again, something I have gone into detail about).

Think about it "pro-gun" types: your beliefs rest upon the US being a failed state. The government is ineffective and cannot protect you. That defines a failed state.

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