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An informed and sophisticated look at the current debate between gun laws and gun rights in America. Contemporary gun controversies are deeply rooted in our history, yet much of that history is unknown, ignored, or distorted. This is all the more important because a new gun rights movement is pressing to expand the definition of gun rights well beyond the standard set by the Supreme Court in its landmark, controversial Heller ruling from 2008. These activists' efforts have found a receptive audience among a new generation of very conservative federal judges cultivated in part for their professed adherence to the doctrine of constitutional Originalism and fealty to an expansive reading of gun rights. In The Gun Dilemma, Robert J. Spitzer examines this "gun rights 2.0" movement in the light of a host of gun controversies: assault weapons, ammunition magazines, silencers, public gun brandishing and display, and the emergent Second Amendment sanctuary movement. Given the importance of actual gun law history to this debate, Spitzer draws from the historical record to illuminate several contemporary and emergent gun controversies that may well make their way to the Supreme Court. Revealing and illuminating as that history is, he argues that we should not be straitjacketed by that history, but rather informed by it as the nation struggles with how to frame its gun policies. By utilizing novel information sources to explore both gun law history and current debates, The Gun Dilemma provides an informed and sophisticated challenge to the ascendant originalists who appear to be set on enshrining in law a radical libertarian vision of gun rights.
“A must-read for every American who longs to bring sanity to our nation’s gun laws,” this book debunks the lethal logic behind the myths that have framed the gun control debate (Ariana Huffington, co-founder of HuffingtonPost) The gun lobby’s remarkable success in using engaging slogans to frame the gun control debate has allowed it to block lifesaving gun legislation for decades. But is there any truth to this bumper-sticker logic? Dennis Henigan exposes the mythology and misguided thinking at the core of these pro-gun catchphrases, which continue to have an outsized influence on public attitudes toward guns and gun control. He counters the gun lobby’s messages by weaving together the most compelling current research and insights drawn from the grim reality of deadly gunfire in our homes and communities. Henigan charts a new path toward ending the American nightmare of gun violence. Pro-Gun Myths Include: “When guns are outlawed, only outlaws will have guns.” “An armed society is a polite society.” “The only thing that stops a bad guy with a gun is a good guy with a gun.” “Gun control doesn’t work because criminals don’t follow the law.” “Gun manufacturers shouldn’t be responsible for gun crime, any more than Budweiser is responsible for drunk driving.” “We don’t need new gun laws. We just need to enforce the ones we have.” “Gun control is a slippery slope to complete gun bans.”
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Cramer's work examines the motivations and legislative history behind the nation's first laws regulating the carrying of concealed deadly weapons and establishes a previously unexplored link between these laws and efforts to suppress dueling in the southern back country. Earlier attempts to analyze these laws focused upon efforts to maintain slavery by severely restricting the rights of free blacks: if free blacks could not possess arms and lacked other basic rights, slaves would be less inclined to seek their freedom. Cramer rejects such thinking by demonstrating that the concealed weapon laws of the early republic were not racially-motivated. He further supports the work of other scholars who have lately examined the role of Scots-Irish immigrants in creating a distinctive southern back-country culture of honor violence including dueling and brawling. It was the attempt to control such violence, Cramer argues, that led to the concealed weapons laws. Thus, rather than considering gun control laws primarily as legal or constitutional history, this study starts from a cultural and historical viewpoint. Southern state legislatures sought to improve the morals of their back-country population through increasingly severe punishments for dueling. When judges and juries regularly refused to convict duelists, these legislatures created extrajudicial punishments by requiring elected and appointed officials, as well as lawyers, to swear oaths of non-participation in dueling. Young men, obsessed with honor and reluctant to perjure themselves for fear of damaging their public reputation, soon took to carrying Bowie knives and handguns with which to kill those who insulted them—a perfectly honorable action to much of the population. The state legislatures then severely regulated carrying of concealed deadly weapons in the hope of suppressing the bloody results of what had been, until then, an accepted practice.