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Abstract
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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.
Gun control supporters often assume that the acceptability of gun control laws turns on whether they increase or decrease crime rates. The notion that such laws might violate rights, independently of whether they decrease crime rates, is rarely entertained. Nor are the interests of gun owners in keeping and using guns typically given great weight. Thus, a colleague who teaches about the issue once remarked to me that from the standpoint of rights, as opposed to utilitarian considerations, there wasn't much to say. The only right that might be at stake, he said, was "a trivial right--'the right to own a gun.'" Similarly, Nicholas Dixon has characterized his own proposed ban on all handguns as "a minor restriction," and the interests of gun owners in retaining their weapons as "trivial" compared to the dangers of guns
I believe these attitudes are misguided. I contend that individuals have a prima facie right to own firearms, that this right is weighty and protects important interests, and that it is not overridden by utilitarian considerations. In support of the last point, I shall argue that the harms of private gun ownership are probably less than the benefits, and that in any case, these harms would have to be many times greater than the benefits in order for the right to own a gun to be overridden.
Language: en |