The function of interpreting the 2d Amdentment as guns outside thenational guard

Volokh, Eugene VOLOKH at law.ucla.edu
Wed Apr 15 09:08:13 PDT 2009


            Well, if the claim is that the practical harms of an
individual right to bear arms (whether under the Second Amendment or
under the 40 or more state constitutions that secure such a right) are
so great that they justify rejecting the individual rights view, it
seems to me worth noting a few practical points:

 

(1)   The 90% is a fraction of the guns that the Mexican government
asked the U.S. to trace.  There's little reason to think that this is a
random sample of all Mexican guns; one would think that Mexican
authorities would have some sense of which guns are likely from the U.S.
and which aren't, and spend their time (and their capital with U.S. law
enforcement) on those guns that are indeed from the U.S.  According to
http://www.foxnews.com/politics/2009/04/02/myth-percent-guns-mexico-frac
tion-number-claimed/, 68% of guns recovered by Mexico weren't submitted
for tracing, and 15% of the guns were submitted for tracing and couldn't
be traced; the 90% is a fraction of the 17% that were submitted to the
U.S. and were successfully traced.

 

(2)   It's hard for me to see how American gun control could effectively
stymie Mexican drug cartels.  American drug control hasn't and Mexican
gun control hasn't.  Organized crime is going to be able to get the guns
it wants, especially since to my knowledge Mexico's coasts and southern
border aren't exactly universally perfectly policed.  Say what one will
about the impact of American gun control on (say) an otherwise
law-abiding American resident who one day snaps and shoots his wife,
it's hard to see how it would do much with regard to well-funded and
well-organized Mexican drug cartels.

 

Eugene

 

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Calvin Johnson
Sent: Wednesday, April 15, 2009 7:24 AM
To: conlawprof at lists.ucla.edu
Subject: The function of interpreting the 2d Amdentment as guns outside
thenational guard

 

		 

This morning's NY times tells us about 2d Amendment law in action.  Plus
(warning) graphic video:
http://www.nytimes.com/2009/04/15/us/15guns.html?hp

		 

		"Sending straw buyers into American stores, cartels have
stocked up on semiautomatic AK-47 and AR-15 rifles, converting some to
machine guns, investigators in both countries say. They have also bought
.50 caliber rifles capable of stopping a car and Belgian pistols able to
fire rifle rounds that will penetrate body armor. 

		"Federal agents say about 90 percent of the 12,000
pistols and rifles the Mexican authorities recovered from drug dealers
last year and asked to be traced came from dealers in the United States,
most of them in Texas and Arizona. 

		"The Mexican foreign minister, Patricia Espinosa, in
talking with reporters recently, accused the United States of violating
its international treaty obligations by allowing guns to flow into the
hands of organized crime groups in Mexico.

		 

This is now "No Country for Old Men"

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