Individuals have a prima facie right to own firearms. This right is significant in view both of the role that such ownership plays in the lives of firearms enthusiasts and of the self-defense value of firearms. Nor is this right overridden by the social harms of private gun ownership. These harms have been greatly exaggerated and are probably considerably smaller than the benefits of private gun ownership. And I argue that the harms would have to be at least several times (...) greater than the benefits in order to render gun prohibition permissible. (shrink)

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. (shrink)

Within the last decade or so several philosophers have argued against handgun prohibition on the ground that it violates the right to self-defense. However, even these philosophers grant that the right to own handguns is not absolute and could be overridden if doing so would bring about an enormous social good. Analysis of intra-United States empirical data cited by gun rights advocates indicates that guns do not make us safer, while international data lends powerful support to the thesis that guns (...) do indeed increase homicide. If handguns do not make us safer, then appealing to the right to self-defense as an objection to prohibition is moot. Prohibition neither violates the right to self-defense nor sacrifices anyone’s interests for the common good, since it makes each person less likely to be murderedthan the current permissive handgun laws. Moreover, we also must take into account the right to life of victims of handgun crimes made possible by liberal handgun laws. Consequently, invoking the right to self-defense does not provide any sound reason against handgun prohibition over and above familiar utilitarian objections, which are themselves refuted by the empirical evidence. (shrink)

While there are no serious arguments in favor of there being no state control whatsoever over the private ownership and employment of firearms, there are significant arguments on the other extreme of the ‘gun control debate’ which contend for bans on the private ownership of firearms or some subset thereof. In this paper I argue that gun ban proponents like Jeff McMahan and Nicholas Dixon confuse the risk or likelihood of being confronted by an attacker intent on serious or lethal (...) harm with the right to defend oneself when faced by such an attacker. When this distinction is properly understood it becomes clear that arguments for the banning of all privately owned guns, or particular classes of guns, cannot stand so long as the firearms in question can be reasonably considered to be an effective means for individuals to defend themselves against attackers intent on serious or lethal harm. (shrink)

Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable assumptions. In light of persisting reasonable disagreement (...) about the argument’s soundness, the paper identifies two gun control measures—demonstrated need for a gun as a condition of eligibility and the requirement to pass a rigorous gun safety course—that reasonable disputants on both sides of the issue have principled reasons to accept. The paper also advances the thesis that, if anyone has an undefeated moral right to own handguns, it is precisely those individuals who have a special need and demonstrate the relevant safety-related competence. (shrink)

In addressing the shape of appropriate gun policy, this essay assumes for the sake of discussion that there is a legal and moral right to private gun ownership. My thesis is that, against the background of this right, the most defensible policy approach in the United States would feature moderate gun control. The first section summarizes the American gun control status quo and characterizes what I call “moderate gun control.” The next section states and rebuts six leading arguments against this (...) general approach to gun policy. The section that follows presents a positive case for moderate gun control that emphasizes safety in the home and society as well as rights whose enforcement entails some limits or qualifications on the right to bear arms. A final section shows how the recommended gun regulations address legitimate purposes, rather than imposing arbitrary restrictions on gun rights, and offers concluding reflections. (shrink)

The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and usage. Throughout this paper (...) we build upon the relevant criminological and social science research in addition to the work of other philosophers who have in recent years argued in favor of gun rights. Although we believe the statistical evidence supports our case, our argument is primarily non-consequentialist. We do, however, address consequentialist objections in the last section of this paper. (shrink)

On April 16, 2007, Cho Seung-Hui used two semiautomatic handguns to kill 32 persons and then himself at Virginia Tech University in the largest campus shooting in U.S. history. Mr. Cho purchased his handguns from a pawnshop and a gun store in Virginia, where under state law a background check was conducted to determine whether he had any disqualifying criminal or mental health history. The paperwork for the background check was completed at the gun store, and the check itself was (...) conducted through an “instant” system facilitated by a toll-free telephone number. The entire transaction took approximately 20 minutes. At no point was Mr. Cho asked why he wished to purchase the guns. And although he had been deemed a potential danger to himself by a state magistrate in 2005 – which should have disqualified his purchase of a gun under federal law – this information never reached those conducting the background check. (shrink)

_ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable assumptions. In (...) light of persisting reasonable disagreement about the argument’s soundness, the paper identifies two gun control measures—demonstrated need for a gun as a condition of eligibility and the requirement to pass a rigorous gun safety course—that reasonable disputants on both sides of the issue have principled reasons to accept. The paper also advances the thesis that, if anyone has an undefeated moral right to own handguns, it is precisely those individuals who have a special need and demonstrate the relevant safety-related competence. (shrink)

Moral obligations rest on circumstances. But what are these obligating reasons and in virtue of what are they such reasons? Nomological conceptions define such reasons in terms of moral laws. I argue that one such conception cannot be correct and that others do not support the familiar and plausible view that obligating reasons are pro tanto reasons, either because they entail that this view is false or else because they cannot explain—or even help to explain—how it could be true. I (...) also argue that a particular dispositional conception of obligating reasons does support this view of obligating reasons by enabling an explanation of how it could be true. Moreover, my arguments show that the dispositional moral metaphysic on which this conception is predicated can do something that nomological alternatives cannot: explain why obligating reasons and moral obligations are pro tanto reasons and obligations. (shrink)

1. Two IssuesIn recent years, a number of philosophers have discussed the possibility that the widely recognized right of self-defense includes another, more controversial right: a right to arms, where “arms” is understood to include guns. I will argue in what follows that the right of self-defense does indeed have this feature, and I will offer a new explanation of why it does so—an explanation that, despite its novelty is, I believe, deeply rooted in common sense.I n Section 2, I (...) will clarify the issue to be addressed and define a spectrum of possible solutions to it. Underlying the narrow issue of the relation between the right of self-defense and the putative right to arms is a broader issue of more general interest, between two classes of rights: what I will call option-rights and means-rights. My ultimate purpose will be to propose a solution to both issues. In Section 3, I attempt to show that the most extreme solutions to the issue of self-defense and arms are not very plausible. In Section 4, I will lay down some desiderata concerning some features that an ideally illuminating solution to these issues should have. These will serve as a rough guide as I attempt to discuss the more moderate solutions. In Section 5, I discuss one such potential solution—one grounded in the distinction between reasonable and unreasonable costs. I argue that, though it may be plausible enough as a guide to policy, it does not satisfy any of my desiderata, nor does it answer my original question, about what is included in the right of self–defense. In Sections 6 and 7, I propose my own solution to both the narrower and broader issues—one that is grounded in the nature of action itself. (shrink)

As of March 2012, students with concealed carry permits attending public colleges and universities in the state of Colorado may carry their weapons on campus. Colorado is one of six states with legal provisions permitting guns on public campuses. An additional twenty-two states leave it up to the governing bodies of individual colleges and universities to determine their institution's gun policy, while twenty-two states ban concealed weapons on campuses. The NRA often asserts that "an armed society is a polite society." (...) They and those who favorably quote them take this as a positive result of an armed citizenry. People won't be rude. They won't argue. They won't say anything offensive, for fear of being shot. And that may be right. But we do not want a polite campus. If an armed campus is a polite campus, then students at such campuses will miss a fundamentally important aspect of their college experience. Students ought to be able to voice their opinions, to argue with others, and to test new ideas without fear. The threat of violence that guns create challenges the most fundamental liberty we have: the freedom of speech. (shrink)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant who is over 21 years of age, and who passes a fingerprint-based background check and a safety class. These permits allow the person to carry a concealed defensive handgun almost everywhere in the state. Should professors, school teachers, or adult college and graduate students who have such permits be allowed to carry firearms on campus? In the last two years, many state legislatures have debated the (...) topic. School boards, regents, and administrators are likewise faced with decisions about whether to change campus firearms policies. This Paper is the first to provide a thorough analysis of the empirical evidence and policy arguments regarding licensed campus carry. Whether a reader agrees or disagrees with the Paper's policy recommendations, the Paper can lay the foundation for a better-informed debate, and a more realistic analysis of the issue. (shrink)

Gun control assumes myriad guises among over 20,000 current laws, the en d less array of proposed legislation at all levels of government, evolving case law. administrative policies, consumer-product safety regulations, and novel liability and litigation stratagems. The topic embraces a wide variety of arguable means and social ends and, therefore, entails a fair maze of issues. Any instant case of gun control policy serves, in effect, as a rabbit hole leading to an underlying warren of issues: questions of fact, (...) questions of value, and questions of how to try the facts and weigh the values at stake. Consequently, gun control is a matter which few can count themselves for or against simpliciter, notwithstanding the hard and fast battle lines drawn by partisans on either side of the nominal issue. Indeed, the controversy over gun control has been called a 'culture war,' because it evokes impassioned conflict amongst people's deepest sensibilities and convictions about how best to secure human life and limb, individual liberty, social order, or an appropriate balance. So construed, the very controversy over gun control in the United States has few riv a ls as a potential threat to that very social order or as a challenge to our collective ability to give both the factual disputes and the competing values at stake a fair hearing and trial. (shrink)

Some state legislatures have considered legislation that would modify laws governing the right to carry a firearm in specific areas including college campuses. Currently firearms are banned on nearly all college campuses throughout the United States. Proponents of the bans on firearms argue that allowing firearms on campuses would likely result in dramatic increases in gun violence. In this paper we investigate the relationship between right-to-carry policies and crime rates on campus using reported crime data from colleges located in five (...) western U.S. states, two of which allow firearms on campuses, for the years 2001-2009. No evidence is found supporting the argument that the right to carry a firearm is associated with an increase in the reported crime rate in any examined category. (shrink)