Some Fallacies About Guns and Gun Law
This is an ongoing series of short essays on the subject.
Laws Against "Saturday Night Specials"—Racist in Origin, and Effect
Let's start with the origin of the term. It isn't pretty. To quote David Kopel
"Saturday night special" is in part a linguistic descendant of the racist phrase "Niggertown Saturday Night." The obvious implication of the phrase "Saturday night special" is that it is a gun used by "niggers" to shoot each other with during their wild Saturday nights.Okay, okay, there's the etymological fallacy; words don't always mean what their sources, put together, mean. Think "station wagon," which is neither a station, nor a wagon. But . . . gun control originated in the US for a distinctly racist purpose; see this.
The original purpose of post-Civil War gun control in the US was, largely, to prevent the Klan's victims from protecting themselves. Google for "Black Codes." Take a look at the history of enforcement of gun control laws—in 1920, the Ohio Supreme Court upheld the conviction of a man for "concealed carry". What's so strange about that? Well, for one thing, the man was a Mexican; more importantly, the "concealed carry" that he was convicted of consisted of having a handgun while in his own bed.
No shit.
Fast forward to the present. What is a "Saturday Night Special"? It's an inexpensive handgun; that's all. For obvious reasons, access to inexpensive handguns is important to poor people who want a firearm for self-protection; somebody who can't afford, say, a Smith & Wesson Model 642 at upwards of $400 may well be able to come up with less than a hundred dollars.
But laws and regulation of the gun industry have largely made the under-$100 handgun an historical artifact. These days, about the least expensive newly-manufactured guns are the Makarovs. I've got one, and I like it a lot—but it's not really suitable for those new to handguns. Because the firing pin rests on the primer when you've got a round chambered, it's almost certainly a good idea to carry it in "Condition Three"—hammer down on an empty chamber. The manual of arms of even the most user-friendly semiauto is difficult enough; having to deal with both racking the slide (and the Makarov, being of a straight blowback design, has very stiff springs) under stress is difficult enough. After a confrontation, in order to return the pistol to Condition Three, you have to (in order), remove the magazine, rack the slide, inspect the chamber, lower the slide, and then reinsert the magazine. Get any of that wrong, and you're in trouble. Not a beginner's gun.
There simply is no revolver being manufactured these days to sell for less than several hundred dollars. Let's put it all together. See if you can agree with this:
Seems pretty self-evident, no?
So why would a middle-aged white guy give a damn? Let's belabor the obvious: racism is bad, generally. Less obvious is that it's in my own self-interest to have other folks able to defend themselves, particularly high-vulnerability people like impoverished black folks. Any criminal shot or arrested while trying to mug somebody else becomes much less likely to be in a position to mug me.
"Assault Weapons"
I'm reminded of the words of Inigo Montoya in The Princess Bride. Roughly: "I don' theenk theese means wha' you theenk theese means."In a military context, an assault rifle is "a specific military term for various types of fully-automatic and select-fire (multi-shot burst) intermediate-power long guns."
An "assault weapon", on the other hand, is accurately defined by the folks at Wiki as this:
Assault weapon Assault weapon or "assault-style weapon" is a nebulous term used by public officials, media, and gun-control proponents as a dysphemism to refer to any firearms they consider inappropriate for civilian ownership or look particulary menacing. Although there is no concrete meaning for this term, legally (especially as it pertains to the assault weapons ban), "assault weapon" means whatever Congress says it means.Many (but not all) assault weapons share these characteristics:
Semiautomatic rifle, pistol, or shotgun Ability to accept a detachable magazine Rapidity of fire due to large magazine capacity Medium power ammunition Suitability for law enforcement or military use Military-style appearance, including features that are of dubious utility to private citizens, such as a grenade launcher even though the actual grenade is not available to civilians. Note: just about any weapon (including a rock) could be used for assault!
The frequent and erroneous use of the term "assault rifle" by media and gun control supporters when reporting on or discussing assault weapons has produced a popular and intentional misconception that assault weapons are fully-automatic machine guns. The terms are used interchangably in an effort to confuse the less-informed public and to get them to oppose "assault-style" firearms.
Assault weapons and their owners are frequently criticized by certain disarmament groups such as the Brady Campaign to Prevent Gun Violence, Million Mom March, and other organizations. Those who would own assault weapons often cite novelty, collectibility, riot control, and civil defense as justification. Those who would outlaw assault weapons cite cultural utilitarianism and other societal justifications such as public safety from a perceived threat to stability presented by private ownership of assault weapons.
Most countries prohibit or heavily restrict the ownership of true assault rifles by private citizens.
See also: assault weapons ban, assault rifle
Yup. That's accurate, but it leaves some things out. What the antis usually choose to call "assault weapons" are actually less deadly than many politically correct rifles. The AR-15 (the semiauto version of the select-fire M-16), like the M-16, fires the .223 round—it's illegal for deer hunting in most jurisdictions (including Minnesota), for fear that it would injure, rather than kill, a deer, and much less deady than a shotgun.
And, of course, most of the characteristics that kindasorta define this nebulous term are, well, kind of irrelevant. Has there been some epidemic of bayonetings (part of the BATF's definition of an "assault weapon" includes a bayonet lug) and grenadings that, somehow, the antis have been failing to point to?
The skeptic in me suspects that the term "assault weapon" was created specifically to fit in the sentence, "Why would anybody need an assault weapon?" It was intended as a wedge issue, to push hunters away from the rest of the firearms community, and with the "Assault Weapons Ban" ready to sunset next year, it's time to put the wedge issue away.
As to the specifics, well, there's several answers. Many of the rifles called "assault weapons" are quite frequently used for hunting of small and medium game. While my SKS wouldn't be my first choice for groundhogs, it wouldn't be a horrible one. So-called "assault weapons" are just fine for recreational and competitive shooting—and, in fact, AR-15 variants dominate some categories of high-power rifle competition.
But let's get away from the silliness of "Why would anybody need [x]?" That's not an honest inquiry; it's just a rhetorical trick that can be used to try to argue away pretty much anything. Why does somebody need a semiauto at all, when revolvers are available? Why does somebody need a Chevy, when there are Hondas and Toyotas? Why does somebody need the Star Tribune when the Pioneer Press is being published?
Restricting rights based on others' perceptions of "need" is just plain wrong.
The "Gun Show Loophole"
There isn't one. Really.The law about sales of guns at gun shows are exactly what they are about sales of guns not at gun shows. Gun dealers—people with Federal Firearms Licenses (FFLs)—are required to have purchasers fill out the same paperwork, and go through the same instant check, that they have to put buyers through anywhere else.
In those states, like Minnesota, where private sales (a "private sale" is, roughly, a sale by somebody who doesn't have a FFL) are legal, no additional paperwork is required.
So why all the fuss?
Actually, there is a little logic behind it. While private sales are legal in Minnesota, outside of gun shows, they largely take place between friends and acquaintances; at gun shows, they can take place between strangers.
So what's to stop somebody without a FFL from buying dozens upon dozens of guns and peddling them to criminals at gun shows? Well, there is that ten-year-per-sale Federal prison sentence, for one. Selling a gun to somebody you have reason to think isn't eligible to buy it is a serious crime; for another, the BATF takes a very dim view of regular and large-quantity sales by people without an FFL—even when those sales are to eligible buyers.
All in all, the "gun show loophole" is just another one of those myths.
Update 9/30/2003
David Kopel has an excellent article on the "gun show loophole" and the "assault weapon" myth right here.








