The New Yorker:
The news that the parents of the children massacred two years ago in Sandy Hook, near Newtown, Connecticut, by a young man with a Bushmaster semi-automatic rifle, were undertaking a lawsuit against the gun manufacturer was at once encouraging and terribly discouraging. The encouraging part is that those parents, suffering from a grief that those of us who are only witnesses to it can barely begin to comprehend, haven’t, despite the failure to reinstate assault-weapons bans and stop the next massacre, given way to despair. Like Richard Martinez, after his son was murdered by a weapon that should never have been in the hands of a lunatic, or anyone else, for that matter, they’re allowing themselves to be angry, and then turning their anger into action: they’re naming the business that helped kill their children and asking a court to hold that business responsible.
The filed complaint—the numbered paragraphs give it an oddly religious feeling, like theses nailed to a church door—is worth reading in full, however painful that might be, not only because of the unbelievable suffering and cruelty it details on that terrible morning but also because it offers, in neatly logical fashion, an indisputable argument: the gun manufacturer is guilty of having sold a weapon whose only purpose was killing a lot of people in a very short time. Despite the Bureau of Alcohol, Tobacco, Firearms and Explosives having previously declared that such weapons “serve a function in crime and combat, but serve no sporting purpose,” Bushmaster sold it anyway—and precisely on the grounds that it could kill many people, quickly. “Forces of opposition bow down. You are single handedly outnumbered,” the advertising copy read.
… one of the ironies of the whole story is that there already is a long-standing ban on truly automatic weapons—machine guns—whose legality not even the N.R.A. or their allies dispute. If anything, they tend to make a sniffy point of discriminating actual machine guns from mere semi-automatic ones, among them the Bushmaster. (Back in the twenties, the availability of the tommy gun to gangsters meant that the police were often brutally out-gunned.) But all of the talk about legal and illegal weapons, automatic and semi-automatic—as about the treatment of the psychologically troubled—evades the simple, central point: it ought to be very, very difficult, as it is in every other civilized country, to get your hands on a weapon whose only purpose is to kill people quickly. The N.R.A. and their allies make it very, very easy.
There are replies to Gopnik, but thus far I have yet to see one that targets the fundamental flaws in the argument. To begin with, I don’t stipulate at all to the notion that the ban on fully automatic weapons is legal regardless of what the NRA believes. I believe that the Hughes amendment is an unconstitutional and obscene abomination. Adam needs to get out of Manhattan a little more and see the world.
Second, his categorization of weapons “whose purpose is to kill” shows fundamental ignorance of guns and the history of them. The sporting purposes test applied by the ATF and codified into law is circular reasoning as I commented on the ATF study on importability of certain shotguns.
Wrapped up in this paragraph we have not only an amusing logical blunder but also the real crux of the problem. Authors have presupposed the answer (so-called circular reasoning) at which they must arrive, i.e., the statute must remain useful. Thus, all interpretations by ATF are biased to yield that result. It is not the responsibility of the ATF nor is it within the purview of their authority to ensure the continued usefulness of a statute, if in fact it is rendered useless by advances, common practices, evolution in sporting, or lack of wise crafting of the statute (such as the fact that nowhere in this discussion of “sporting purposes” is there any latitude given for personal protection and home defense under the second amendment to the constitution of the United States). This single paragraph renders the study itself as useless as the statute has become.
Let’s use another example in order to make the point clear. Short barrel revolvers. While some hunters use long barrel revolvers with scopes for hunting, no one uses a short barrel revolver for hunting. It has no purpose except to kill (whether used in crime or in self defense). And yet these aren’t the weapons Adam refers to when he discusses guns with a single purpose. He is referring to AR-15s and other similarly-styled weapons, which ironically are used quite a bit for hunting (as well as for other sporting purposes such as 3-gun competitions). You see, the ATF has written the rules by formulating a list and then trying to ban anything on the list – which is circular reasoning.
Scoped bolt action rifles are used as sniper rifles – or for hunting deer. Shotguns are used for turkey – or to clear rooms in Now Zad Afghanistan by the U.S. Marine Corps. There is no list that doesn’t ‘beg the question’ (as a formal logical fallacy) when it comes to military or sporting purposes.
Furthermore, a weapon’s capacity to kill is precisely what makes it valuable when it comes to the amelioration of tyranny, which is what the second amendment is all about anyway. You see, death comes to us not from an imperfect society that lacks the proper state supervision, needing just one more law or the right kind of leadership in order to be the utopia on earth envisioned by Gopnik. Death comes to us at the hands of criminals, petty and state-sanctioned, due to something called federal headship in Adam and original sin. Gopnik must return to Genesis Chapter 3 in order to craft a meaningful and consistent anthropology that explains reality.
As with all statists, their god fails them. They will forever be waiting on the providence of an impotent totem, and may as well slash their wrists and bleed before Baal. God sits in the heavens and mocks them (Psalm 2:4). Their attempts to bring heaven down to earth through lawfare and social programs will only end in failure and suffering. Statistics on guns and crime aren’t relevant to Gopnik’s problem. He needs to jettison his fundamental world view in order to understand who he is, who man is, and what man must do to be saved.