Less than a year ago, James Edward Scott shot and wounded an intruder in the back yard of his West Baltimore home, and according to neighbors, authorities took away his gun.
Tuesday night, someone apparently broke into his three-story row house again. But this time the 83-year-old Scott didn't have his .22-caliber rifle, and police said he was strangled when he confronted the burglar.
"If he would have had the gun, he would be OK," said one neighbor
who declined to give his name, fearing retribution from the attacker, who had not been arrested as of yesterday....
Neighbors said burglars repeatedly broke into Scott's home. Ruses [a neighbor] said Scott often talked about "the people who would harass him because he worked out back by himself." 61
Others find themselves in a position in which either they no longer report attacks to the police when they have used a gun to defend themselves, or they no longer carry guns for self-defense. Josie Cash learned this lesson the hard way, though charges against her were ultimately dropped. "The Rockford [Illinois] woman used her gun to scare off muggers who tried to take her pizza delivery money. But when she reported the incident to police, they filed felony charges against her for carrying a concealed weapon." 62
A well-known story involved Alan Berg, a liberal Denver talk-show host who took great delight in provoking and insulting those with whom he disagreed. Berg attempted to obtain a permit after receiving death threats from white supremacists, but the police first attempted to talk him out of applying and then ultimately rejected his request. Shortly after he was denied, Berg was murdered by members of the Aryan Nations. 63
As a Chicago cabdriver recently told me, "What good is a police officer going to do me if you pulled a knife or a gun on me right now?" 64 Nor are rural, low-crime areas immune from these concerns. Illinois State Representative Terry Deering (Democrat) noted that "we live in areas where if we have a state trooper on duty at any given time in a whole county, we feel very fortunate. Some counties in downstate rural Illinois don't even have 24-hour police protection." 65 The police cannot feasibly protect everybody all the time, and perhaps because of this, police officers are typically sympathetic to law-abiding citizens who own guns. 66
Mail-in surveys are seldom accurate, because only those who feel intensely about an issue are likely to respond, but they provide the best information that we have on police officers' views. A 1996 mail survey of fifteen thousand chiefs of police and sheriffs conducted by the National Association of Chiefs of Police found that 93 percent believed that law-abiding citizens should continue to be able to purchase guns for self-defense. 67 The Southern States Police Benevolent Association surveyed its eleven thousand members during June of 1993 (36 percent responded) and reported similar findings: 96 percent of those who responded agreed with the statement, "People should have the right to own a gun for self-protection," and 71 percent did not believe that stricter handgun laws would reduce the number of violent crimes. 68 A national reader survey
conducted in 1991 by Law Enforcement Technology magazine found that 76 percent of street officers and 59 percent of managerial officers agreed that all trained, responsible adults should be able to obtain handgun-carry permits. 69 By similarly overwhelming percentages, these officers and police chiefs rejected claims that the Brady law would lower the crime rate.
The passage of concealed-handgun laws has also caused former opponents in law enforcement to change their positions. Recently in Texas, "vocal opponent" Harris County District Attorney John Holmes admitted, "I'm eating a lot of crow on this issue. It's not something I necessarily like to do, but I'm doing it on this." 70 Soon after the implementation of the Florida law, the president and the executive director of the Florida Chiefs of Police and the head of the Florida Sheriff's Association all admitted that they had changed their views on the subject. They also admitted that despite their best efforts to document problems arising from the law, they have been unable to do so. 71 The experience in Kentucky has been similar; as Campbell County Sheriff John Dunn says, "I have changed my opinion of this [program]. Frankly, I anticipated a certain type of people applying to carry firearms, people I would be uncomfortable with being able to carry a concealed weapon. That has not been the case. These are all just everyday citizens who feel they need some protection." 72
If anything, the support among rank-and-file police officers for the right of individuals to carry guns for self-protection is even higher than it is among the general population. A recent national poll by the Lawrence Research group (September 21-28, 1996) found that by a margin of 69 to 28 percent, registered voters favor "a law allowing law-abiding citizens to be issued a permit to carry a firearm for personal protection outside their home." 73 Other recent national polling by the National Opinion Research Center (March 1997) appears even more supportive of at least allowing some law-abiding citizens to carry concealed handguns. They found that 53.5 percent supported "concealed carry only for those with special needs," while 45 percent agreed that permits should be issued to "any adult who has passed a criminal background check and a gun safety course." 74 Perhaps just as telling, only 16 percent favored a ban on handguns. 75
The National Opinion Research Center poll also provides some insights into who supports tighter restrictions on gun ownership; it claims that "the less educated and those who haven't been threatened with a gun are most supportive of gun control." 76 If this is true, it appears that those most supportive of restrictions also tend to be those least directly threatened by crime. 77
State legislators also acknowledge the inability of the police to be always available, even in the most public places, by voting to allow them-
selves unusually broad rights to carry concealed handguns. During the 1996 legislative session, for example, Georgia "state legislators quietly gave themselves and a few top officials the right to carry concealed guns to places most residents can't: schools, churches, political rallies, and even the Capitol." 78 Even local prosecutors in California strenuously objected to restrictions on their rights to carry concealed handguns. 79
Although people with concealed handgun permits must generally view the police as offering insufficient protection, it is difficult to discern any pattern of political orientation among celebrities who have concealed-handgun permits: Bill Cosby, Cybill Shepherd, U.S. Senator Dianne Feinstein (D—California), Howard Stern, Donald Trump, William F. Buckley, Arthur O. Sulzberger (chairman of the New York Times), union bosses, Laurence Rockefeller, Tom Selleck, Robert De Niro, and Erika Schwarz (the first runner-up in the 1997 Miss America Pageant). The reasons these people gave on their applications for permits were quite similar. Laurence Rockefeller's reason was that he carries "large sums of money"; Arthur Sulzberger wrote that he carries "large sums of money, securities, etc."; and William Buckley listed "protection of personal property when traveling in and about the city" as his reason. 80 Some made their decision to carry a gun after being victims of crime. Erika Schwarz said that after a carjacking she had been afraid to drive at night. 81
And when the Denver Post asked Sen. Ben Nighthorse Campbell (R— Colo.) "how it looks for a senator to be packing heat," he responded, "You'd be surprised how many senators have guns." Campbell said that "he needed the gun back in the days when he exhibited his Native American jewelry and traveled long distances between craft shows." 82
Emotion, Rationality, and Deterrence
In 1995 two children, ten and eleven years old, dropped a five-year-old boy from the fourteenth floor of a vacant Chicago Housing Authority apartment. 83 The reason? The five-year-old refused to steal candy for them. Or consider the case of Vincent Drost, a promising musician in the process of composing a symphony, who was stabbed to death immediately after making a call from a pay telephone to his girlfriend. The reason? According to the newspapers, "His five teenage attackers told police they wanted to have some fun and simply wanted 'to do' somebody." 84 It is not difficult to find crimes such as "the fatal beating of a school teacher" described as "extremely
wicked, shockingly evil." The defense attorney in this crime described the act as one of "insane jealousy." 85
The notion of "irrational" crime is enshrined by forty-seven states that recognize insanity defenses. 86 Criminal law recognizes that emotions can
overwhelm our normal judgments in other ways. 87 For example, under the Model Penal Code, intentional homicide results in the penalty for manslaughter when it "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." 88 These mitigating factors are often discussed in terms of the "heat of passion" or "cooling time," the latter phrase referring to "the interval in which 'blood 5 can be expected 'to cool 5 " or the time required for "reason to reassert itself." 89 Another related distinction is drawn between first- and second-degree murder: "The deliberate killer is guilty of first-degree murder; the impulsive killer is not." 90 In practice, the true distinction between these two grades appears to be not premeditation but whether the act was done without emotion or "in cold blood," "as is the case [when] someone who kills for money ... displays calculation and greed." 91
Some academics go beyond these cases or laws to make more general claims about the motives behind crime. Thomas Carroll, an associate professor of sociology at the University of Missouri at Kansas City, states that "murder is an irrational act, [and] we don't have explanations for irrational behavior." 92 From this he draws the conclusion that "there's really no statistical explanation" for what causes murder rates to fluctuate. Do criminals respond to disincentives? Or are emotions and attitudes the determining factors in crime? If violent acts occur merely because of random emotions, stronger penalties would only reduce crime to the extent that the people least able to control such violent feelings can be imprisoned.
There are obvious difficulties with taking this argument against deterrence to its extreme. For example, as long as "even a handful" of criminals respond to deterrence, increasing penalties will reduce crime. Higher probabilities of arrest or conviction as well as longer prison terms might then possibly "pay" for themselves. As the cases in the previous section have illustrated, criminal decisions—from when to break into a residence, whom to attack, or whether to attack people by using guns or bombs—appear difficult to explain without reference to deterrence. Some researchers try to draw a distinction between crimes that they view as "more rational," like robbery and burglary, and others, such as murder. If such a distinction is valid, one might argue that deterrence would then at least be effective for the more "rational" crimes.
Yet even if we assume that most criminals are largely irrational, deterrence issues raise some tough questions about human nature, questions that are at the heart of very different views of crime and how to combat it. Still it is important to draw a distinction between "irrational" behavior and the notion that deterrence doesn't matter. One doesn't necessarily
imply the other. For instance, some people may hold strange, unfathomable objectives, but this does not mean that they cannot be discouraged from doing things that bring increasingly undesirable consequences. While we may not solve the deeper mysteries of how the human mind works, I hope that the following uncontroversial example can help show how deterrence works.
Suppose that a hypothetical Mr. Smith is passed over for promotion. He keeps a stiff upper lip at work, but after he gets home, he kicks his dog. Now this might appear entirely irrational: the dog did not misbehave. Obviously, Mr. Smith got angry at his boss, but he took it out on his poor dog instead. Could we conclude that he is an emotional, irrational individual not responding to incentives? Hardly. The reason that he did not respond forcefully to his boss is probably that he feared the consequences. Expressing his anger at the boss might have resulted in his being fired or passed up for future promotions. An alternative way to vent his frustration would have been to kick his co-workers or throw things around the office. But again, Mr. Smith chose not to engage in such behavior because of the likely consequences for his job. In economic terms, the costs are too high. He manages to bottle up his anger until he gets home and kicks his dog. The dog is a "low-cost" victim.
Here lies the perplexity: the whole act may be viewed as highly irrational—after all, Mr. Smith doesn't truly accomplish anything. But still he tries to minimize the bad consequences of venting his anger. Perhaps we could label Mr. Smith's behavior as "semirational," a mixture of seemingly senseless emotion and rational behavior at the same time.
What about changing the set of punishments in the example above? What if Mr. Smith had a "killer dog," that bit anyone who abused it (equivalent to arming potential victims)? Or what if Mr. Smith were likely to be arrested and convicted for animal abuse? Several scenarios are plausible. First, he might have found another victim, perhaps a family member, to hit or kick. Or he might have modified his outwardly aggressive acts by merely yelling at family and neighbors or demolishing something. Or he might have repressed his anger—either by bottling up his frustration or finding some nonviolent substitute, such as watching a video, to help him forget the day's events.
Evidence of responding to disincentives is not limited to "rational" humans. Economists have produced a large number of studies that investigate whether animals take the costs of doing things into account. 93 Animal subjects have included both rats and pigeons, and the typical experiment measures the amount of some desired treat or standard laboratory food or fluid that is consumed in relation to the number of times the animal must push a lever to get the item. Other experiments alter
the amount of the item received for a given number of lever pushes. These experiments have been tried in many different contexts. For example, does an animal's willingness to work for special treats like root beer or cherry cola depend upon the existence of unlimited supplies of water or standard laboratory food? The results from these experiments consistently show that as the "cost" of obtaining the food increases, the animal obtains less food. In economic terms, "Demand curves are downward sloping."
As for human beings, a large economics literature exists that overwhelmingly demonstrates that people commit fewer crimes if criminal penalties are more severe or more certain. Whether we consider the number of airliners hijacked in the 1970s, 94 evasion of the military draft, 95 or international data on violent and property crimes, 96 stiffer penalties or higher probabilities of conviction result in fewer violations of the law. Sociologists are more cautious, but the National Research Council of the U.S. National Academy of Sciences established the Panel on Research on Deterrent and Incapacitative Effects in 1978 to evaluate the many academic studies of deterrence. The panel concluded as follows: "Taken as a whole, the evidence consistently finds a negative association between crime rates and the risks of apprehension, conviction or imprisonment. ... the evidence certainly favors a proposition supporting deterrence more than it favors one asserting that deterrence is absent." 97
This debate on incentives and how people respond to them arises repeatedly in many different contexts. Take gun-buyback programs. Surely the intention of such programs is good, but why should we believe that they will greatly influence the number of guns on the street? True, the guns purchased are removed from circulation, and these programs may help to stigmatize gun ownership. Yet if they continue, one effect of such programs will be to increase the return to buying a gun. The price that a person is willing to pay for a gun today increases as the price for which it can be sold rises. In the extreme case, if the price offered in these gun-buyback programs ever became sufficiently high, people would simply buy guns in order to sell them through these programs. I am sure this would hardly distress gun manufacturers, but other than creating some socially useless work, the programs would have a dubious effect on crime. Empirical work on this question reveals no impact on crime from these programs. 98
Introspection can go only so far. Ultimately, the issue of whether sanctions or other costs deter criminals can be decided only empirically. To what extent will concealed-handgun laws or gun-cont
rol laws raise these costs? To what extent will criminals be deterred by these costs? In chapter 2 we will consider how to test these questions.
introduction / 19
An Overview
The following chapters offer a critical review of the existing evidence on gun control and crime, with the primary focus on the central questions that concern us all: Does gun ownership save or cost lives, and how do the various gun laws affect this outcome?
To answer these questions I use a wide array of data. For instance, I have employed polls that allow us to track how gun ownership has changed over time in different states, as well as the massive FBI yearly crime rate data for all 3,054 U.S. counties from 1977 to 1992. I use additional, more recently available data for 1993 and 1994 later to check my results. Over the last decade, gun ownership has been growing for virtually all demographic groups, though the fastest growing group of gun owners is Republican women, thirty to forty-four years of age, who live in rural areas. National crime rates have been falling at the same time as gun ownership has been rising. Likewise, states experiencing the greatest reductions in crime are also the ones with the fastest growing percentages of gun ownership.
Overall, my conclusion is that criminals as a group tend to behave rationally—when crime becomes more difficult, less crime is committed. Higher arrest and conviction rates dramatically reduce crime. Criminals also move out of jurisdictions in which criminal deterrence increases. Yet criminals respond to more than just the actions taken by the police and the courts. Citizens can take private actions that also deter crime. Allowing citizens to carry concealed handguns reduces violent crimes, and the reductions coincide very closely with the number of concealed-handgun permits issued. Mass shootings in public places are reduced when law-abiding citizens are allowed to carry concealed handguns.
Not all crime categories showed reductions, however. Allowing concealed handguns might cause small increases in larceny and auto theft. When potential victims are able to arm themselves, some criminals turn away from crimes like robbery that require direct attacks and turn instead to such crimes as auto theft, where the probability of direct contact with victims is small.
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