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http://www.cato.org/pubs/pas/pa-400es.html

Pistol Whipped:
Baseless Lawsuits, Foolish Laws
by Robert A. Levy
Robert A. Levy is senior fellow in constitutional studies at the Cato =
Institute.
Executive Summary=20

Although Congress and the majority of state legislatures have resisted =
enacting draconian gun control laws, the courts are the final bulwark in =
safeguarding our constitutional right to keep and bear arms. Yet the =
courts of late have been the scene of unprecedented attacks on that =
right as gun control advocates have used the judiciary to make an =
end-run around the legislative process. Meritless litigation brought by =
government plaintiffs in multiple jurisdictions are just part of a =
scheme to force gun makers to adopt policies that legislatures have =
wisely rejected. Moreover, the suits are used by politicians to reward =
their allies-private attorneys, many of whom are major campaign =
contributors-with lucrative contingency fee contracts.

Meanwhile, many of the same politicians have exploited a few recent =
tragedies to promote their anti-gun agenda. But gun controls haven't =
worked and more controls won't help. In fact, many of the recommended =
regulations will make matters worse by stripping law-abiding citizens of =
their most effective means of self-defense. Violence in America is due =
not to the availability of guns but to social pathologies-illegitimacy, =
dysfunctional schools, and drug and alcohol abuse. Historically, more =
gun laws have gone hand in hand with an explosion of violent crime. Only =
during the past decade-with vigorous law enforcement, a booming economy, =
and an older population-have we seen dramatic reductions in violence, =
coupled with a record number of guns in circulation.

Before we compromise constitutional rights expressly recognized in the =
Second Amendment, we ought to be sure of three things: first, that we've =
identified the real problem; second, that we've pinpointed its cause; =
and, third, that our remedy is no more extensive than necessary to fix =
the problem. The spreading litigation against gun makers fails all three =
tests as do the latest gun control proposals. Guns do not increase =
violence; they reduce violence. Banning or regulat-ing firearms will not =
eliminate the underlying pathologies. And a less invasive remedy already =
exists: enforce existing laws.

Full Text of Policy Analysis No. 400 (PDF, 26 pgs, 154 Kb)=20
To view the above, you will need this Adobe Acrobat reader below:
http://www.adobe.com/prodindex/acrobat/readstep.html#reader




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<DIV><FONT size=3D2><A=20
href=3D"http://www.cato.org/pubs/pas/pa-400es.html">http://www.cato.org/p=
ubs/pas/pa-400es.html</A></FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV>
<H2 align=3Dcenter><I>Pistol Whipped:<BR>Baseless Lawsuits, Foolish =
Laws</I></H2><!--CHANGE AUTHOR-->by Robert A. Levy<BR>Robert A. Levy is =
senior=20
fellow in constitutional studies at the Cato Institute.
<P><B>Executive Summary</B> <!--CHANGE TEXT-->
<P align=3Dleft>Although Congress and the majority of state legislatures =
have=20
resisted enacting draconian gun control laws, the courts are the final =
bulwark=20
in safeguarding our constitutional right to keep and bear arms. Yet the =
courts=20
of late have been the scene of unprecedented attacks on that right as =
gun=20
control advocates have used the judiciary to make an end-run around the=20
legislative process. Meritless litigation brought by government =
plaintiffs in=20
multiple jurisdictions are just part of a scheme to force gun makers to =
adopt=20
policies that legislatures have wisely rejected. Moreover, the suits are =
used by=20
politicians to reward their allies&#8212;private attorneys, many of whom =
are major=20
campaign contributors&#8212;with lucrative contingency fee =
contracts.</P>
<P align=3Dleft>Meanwhile, many of the same politicians have exploited a =
few=20
recent tragedies to promote their anti-gun agenda. But gun controls =
haven't=20
worked and more controls won't help. In fact, many of the recommended=20
regulations will make matters worse by stripping law-abiding citizens of =
their=20
most effective means of self-defense. Violence in America is due not to =
the=20
availability of guns but to social pathologies&#8212;illegitimacy, =
dysfunctional=20
schools, and drug and alcohol abuse. Historically, more gun laws have =
gone hand=20
in hand with an explosion of violent crime. Only during the past =
decade&#8212;with=20
vigorous law enforcement, a booming economy, and an older =
population&#8212;have we=20
seen dramatic reductions in violence, coupled with a record number of =
guns in=20
circulation.</P>
<P align=3Dleft>Before we compromise constitutional rights expressly =
recognized in=20
the Second Amendment, we ought to be sure of three things: first, that =
we've=20
identified the real problem; second, that we've pinpointed its cause; =
and,=20
third, that our remedy is no more extensive than necessary to fix the =
problem.=20
The spreading litigation against gun makers fails all three tests as do =
the=20
latest gun control proposals. Guns do not increase violence; they reduce =

violence. Banning or regulat-ing firearms will not eliminate the =
underlying=20
pathologies. And a less invasive remedy already exists: enforce existing =

laws.</P>
<P align=3Dleft><A href=3D"http://www.cato.org/pubs/pas/pa400.pdf">Full =
Text of=20
Policy Analysis No. 400 (PDF, 26 pgs, 154 Kb)</A> <FONT size=3D2><BR>To =
view the=20
above, you will need this Adobe Acrobat reader below:<BR></FONT><FONT =
size=3D2><A=20
href=3D"http://www.adobe.com/prodindex/acrobat/readstep.html#reader">http=
://www.adobe.com/prodindex/acrobat/readstep.html#reader</A></FONT></P>
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