Gun control

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Many of us assume we must either oppose or support gun control. Not so. We have a range of alternatives. Even this way of speaking oversimplifies our choices since there are two distinct scales on which to place alternatives. One scale concerns the degree (if at all) to which guns should be abolished. This scale moves from those who want no abolition (NA) of any guns, through those who want moderate abolition (MA) - to forbid access to some subclasses of guns - to those who want absolute abolition (AA). The second scale concerns the restrictions (if any) on those guns that are available to private citizens. This scale moves from those who want absolute restrictions (AR) through those who want moderate restrictions (MR) to those who want no restrictions (NR) at all. Restrictions vary not only in strength but also in content. We could restrict who owns guns, how they obtain them, where and how they store them, and where and how they can carry them.

Our options are further complicated by the union of these scales. On one extreme no private citizen can own any guns (AA, which is functionally equivalent to AR), while at the other extreme, every private citizen can own any gun, with no restrictions (NA+NR). But once we leave those extremes, which few people hold, the options are defined by a pair of coordinates along these distinct scales. While most people embrace positions on the "same" end of both scales, others embrace more exotic mixtures: some will want few weapons available to private citizens, but virtually no restrictions on those guns that are available (MA+NR), while others may prefer making most guns available, but want to seriously restrict them (NA+MR).

So our choice is not merely to support or oppose gun control, but to decide who can own which guns, under what conditions. Although I cannot pretend to provide a definitive account here, I can isolate the central issues and offer the broad outline of an appropriate solution. To simplify discussion, I adopt the following locutions: those opposed to most abolition and most restrictions advocate a "serious right to bear arms," while those supporting more widespread abolition and more substantial restrictions are "gun control advocates." This simplification, of course, masks significant disagreements among advocates of each position.

Justifying Private Ownership of Guns

A Moral Question

Do citizens have a "serious right to bear arms"? This is a moral question, not a Constitutional one. For even if the Constitution did grant this right, we should determine if there are sufficiently compelling arguments against private gun ownership to warrant changing the Constitution. On the other hand, if this were not a Constitutional right, we should determine if there are strong reasons why the state should not ban or control guns, and if these reasons are sufficiently compelling to make this a constitutional right. Most defenders of private gun ownership claim we do have a moral right - as well as a Constitutional one - and that this right is not an ordinary right, but a fundamental one.

(i) A fundamental right

If they are correct, they would have the justificatory upper hand. Were this a fundamental right, it would not be enough to show that society would benefit from controlling access to guns (Hughes, T. C. & Hunt, L. H. 2000). The arguments for gun control would have to be overwhelming. Yet there is also a hefty cost in claiming that this is a fundamental right: the evidence for the right must meet especially rigorous standards.

What makes a right fundamental? A fundamental right is a non-derivative right protecting a fundamental interest. Not every interest we individually cherish is fundamental. Since most interests are prized by someone, such a notion of "fundamental interest" would be anemic, serving no special justificatory role. Fundamental interests are special: they are integrally related to a person's chance of living a good life, whatever her...
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