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)

Arguments in favor of an individual moral right to keep and bear firearms typically appeal to the value of guns as a reasonable means of self-defense. This is, for the most part, an empirical claim. If it were shown that allowing private gun ownership would lead to an overall net increase in crime or other social harms, then the strength of a putative right to own a gun would be diminished. But would it be defeated completely? I do not think (...) so, and indeed I want to suggest in this paper that even if the harms outweigh the benefits, that neither an outright ban on handguns nor restrictive discretionary ownership policies are justified as an initial reaction. In other words, given that the overall harms outweigh the overall benefits, the default position is still one in favor of reasonably permissive gun laws over a total ban or restrictive discretionary policies. (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)

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)

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)

_ 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)

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)

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)

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)