TIMOTHY NOAH JANUARY 17, 2012
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At last night's Republican debate in Myrtle Beach, S.C., we heard the candidates talk about whether ex-cons should vote and we heard the candidates talk about the right to bear arms. At the next debate, I'd like to hear the candidates talk about whether ex-cons should bear arms.
Asked about Mitt Romney's attacks on his candidacy, Rick Santorum complained that Romney's Super PAC had an ad that said he favored allowing felons to vote from prison, when in fact what Santorum favored was allowing felons to vote after they've served their prison sentences. Santorum asked Romney: "Do you believe people who have—who were felons, who served their time, who have extended—exhausted their parole and probation, should they be given the right to vote?" After Romney dithered a bit, Santorum added: "This is a huge deal in the African-American community, because we have very high rates of incarceration, disproportionately high rates, particularly with drug crimes, in the African-American community." Finally Romney said: "I don’t think people who have committed violent crimes should be allowed to vote again. That’s my own view." This drew wild applause from the audience, an ugly one even by the standards of this GOP primary season.
Later, moderator Juan Williams asked Romney how, in light of his having signed, as Massachusetts governor, the first assault-weapon ban in the country, and raised fees on gun owners, Romney can "convince gun owners that you will be an advocate for them as president." Romney answered that the state gun lobby had supported his bill, then genuflected before the Second Amendment and concluded, "I do not believe in new laws restricting gun ownership and gun use." Williams then reminded Santorum that he'd voted in Congress in favor of trigger locks on handguns and background checks on purchasers of guns at gun shows. Santorum answered that the National Rifle Association supported these bills; asserted that he voted against the Clinton-era assault weapon ban; genuflected before the Second Amendment; said he played "a leadership role" in passing a bill shielding gun manufacturers from liability; and noted that Ron Paul had voted against this bill. Paul said he voted against it because he was opposed to "national tort law." He also said, "I’m the one that offers all—all the legislation to repeal the gun bans that have been going on.... So that’s a bi —a bit of an overstretch to—to say that I’ve done away with the Second Amendment."
Federal law prohibits anyone convicted of a felony from owning a gun. Seems like kind of a good idea, no? The worst an ex-con is likely to do if given the right to vote is vote for a Democrat. (Because ex-cons are disproportionately African American and/or low-income, they tend to vote Democratic.) But give an ex-con a gun and there's a decent chance he'll use it to commit a crime. (According to a 1999 study published in the American Journal of Public Health, not allowing felons to buy guns reduces the likelihood that they'll commit a violent or gun-related crime by up to 30 percent.)
One deeply unfortunate but hardly surprising consequence of District of Columbia v. Heller, the 2008 Supreme Court decision affirming a Second Amendment right to bear arms regardless of whether one belonged to a "well-regulated" (or even poorly-regulated) militia, was its acceleration of a movement by the NRA to restore gun rights to felons at the state level, federal prohibition be damned. Michael Luo of the New York Times reported last year that in at least 11 states "many" nonviolent felons, sometimes after a brief probationary period, are automatically permitted to own guns after they've served their sentences. In Ohio, Minnesota, and Virginia, violent felons can petition to have their gun-ownership rights restored, and in Georgia and Nebraska "scores" of pardons that specifically allow convicted felons to own guns are issued every year. Even the federal prohibition has included an appeals process for the past 47 years thanks to a "relief from disability" program initiated at the request of gun manufacturers back in 1965. One pardon attorney quoted by Luo estimated that felons have a decent chance of eventually being permitted to own guns in more than half the states. "By [Republicans'] logic," Marie Diamond wrote on the liberal ThinkProgress Web site, "millions of ex-convicts can be trusted with guns, but not with ballots."
I'd like to hear the candidates weigh in on whether they support the federal ban on felony ex-cons owning guns. Should it be repealed? If so, how do they justify giving ex-cons guns but not ballots? Maybe they'll cop out by saying it's something more properly decided at the state level. But gee, we tried here in D.C. to decide at the state (well, "district") level not to allow guns at all, only to have the Supreme Court tell us that (unlike something trivial like voting) it was none of our business; this was a federal matter. As a liberal and as an American I want to know: Are Mitt Romney, Rick Santorum, Newt Gingrich and Rick Perry soft on crime when it comes to letting ex-felons own guns?
10 comments
Ronnie, Mittens, Ricky, Rick and Newton are certainly not soft on crime. They've consistently come down hard on ex-cons having the ability to do harm to GOP hopefuls by criminally voting for Dems. Whereas when it comes to handing out guns to ex-cons, the secret hops is that these criminals will simply re-commit or kill each other off...effectively reducing the voting potential for those 'heart on their sleeves' Democrats. Either way the GOP wins on this issue. Notice too, the consistent focus of the GOP on the voting rights for ex-cons is for Black Americans? Or are they also talking about the other racial demographics in jail, of which 79% are white based on 2008 numbers in wikipedia?
- singlspeed
January 17, 2012 at 11:44am
Of course they are soft on crime when it comes to the sacred right to bear arms by literally anyone.
- liberalref
January 17, 2012 at 11:47am
If I thought of owning a handgun, I had better consider a permit. If the permit application asked why I wanted to carry a concealed weapon, I might have said "cause a concealed weapon would make me feel better about myself, stronger, more self assured ". Now, I'm thinking the better answer is "cause I'm an ex felon and I want to feel good about myself, I want to feel stronger and more self assured".
- Doug12
January 17, 2012 at 11:51am
Libref is right, and "literally anyone" includes terrorists. From last May: "In a party-line vote of 21-11, the committee Republicans killed an amendment from Rep. Mike Quigley (D-Ill.) that would have blocked firearm purchases by those on the FBI's terrorist watch list." James Sensenbrenner - making a play for the coveted title of Dimmest Bulb in the Republican Congressional Delegation - explained that one problem with the proposed ban was that it would tip off terrorists that they were under surveillance. The other problem, noted by Louis Gohmert (seen by most analysts as Sensenbrenner's main competition in the idiot sweepstakes), is that people might get on the terrorist list by mistake, and God forbid that someone be deprived of firearms by mistake. The gummint is a liberty-devouring beast! This can be a little hard to keep straight, but I'll try. If someone wants to build a mosque to worship in, the government can forbid it if it makes local residents uncomfortable. But, if Ayman Al-Zawahiri wanted to build a monument to the heroism of the 9/11 hijackers on the steps of the US Capitol, he could do so, provided the monument included a shooting range. Republicans think that the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution do not apply to suspected terrorists, even when they're arrested in the US, but the Second Amendment does. This means that a person suspected of terrorism can be imprisoned indefinitely, but if he wants an AK-47 to use at his detention hearing (should the authorities, in their infinite grace, decide to let him have a hearing), he can have one.
- GeoffG
January 17, 2012 at 2:36pm
There is only one way to unite Republicans to oppose hand guns for felons and that is to have President Obama propose a law permitting it.
- Nusholtz
January 17, 2012 at 4:05pm
The right to bear arms came early (second amendment, 1791); the right to vote didn't come for blacks until 1870, and required a war, and didn't come for women until 1920, though the war for it didn't have nearly as many casualties. And, the founders being helpful, the reason for the right to bear arms is even set forth in the text of the amendment ("A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed"). It takes little imagination to appreciate the need for the second amendment in 1791. "Free state" for whom, I would ask?
- rayward
January 17, 2012 at 5:05pm
I for one am relieved that Juan Williams escaped the debate without coming to any harm. Given the behavior of the crowd, it was a near thing.
- miceelf
January 17, 2012 at 5:28pm
The right to bear arms does not make us safe. Banning the right to bear arms does not make us safe. Reminds me of an old joke about prostitution.
- skahn
January 17, 2012 at 5:40pm
The only bearing of arms I can really get behind is when they're bare arms bearing those arms. http://www.wired.com/rawfile/2011/10/chicks-with-guns/ Oddly as Rayward mentions tangentially, American women and minorities have had the right to pull the trigger on the lever gun before they had the right to pull the lever in the voting booth. That's what makes America such a great place. We have to see if you've got the guts to 'kill a man' first before you can vote for your favorite political schmuck.
- singlspeed
January 17, 2012 at 6:23pm
Singlspeed reminds me of the argument for lowering the voting age from 21 to 18 during the Vietnam war - if they're old enough to die for their country they're old enough to vote. Now I know the perfect riposte would be "But they get guns! To kill people! That beats the hell out of voting!"
- GeoffG
January 18, 2012 at 11:47am