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« Interesting challenge to NY gunshow law | Main | Kopel draft paper on arms vs. genocide »

Kates & Polsby on genocide

Posted by David Hardy · 11 July 2005 04:23 PM

Instapundit reminds of Don Kates & Dan Polsby's excellent piece, "Of Genocide and Gun Control" in the Washington Univ. Law Quarterly. The first two sentences sum it up well: "This essay seeks to reclaim a serious argument from the lunatic fringe. We argue a connection exists between the restrictiveness of a country's civilian weapons policy and its liability to commit genocide[1] upon its own people. "

· arms vs. genocide

2 Comments | Leave a comment

Rudy DiGiacinto | July 11, 2005 5:52 PM | Reply

Is it human nature? I’ve made a similar hypothesis about the United States. Which states have the most police brutality incidents? From public press it seems that California, New York, and Maryland (Especially Prince Georges county) lead the pack. These states also happen to have the most restrictive gun laws. When the police or the government knows you can’t fight back, abuse is sure to follow. Criminals and governments attack the weak, not the strong who can resist.

Scott Camassar | July 13, 2005 2:11 PM | Reply

I am reminded of comments made by Judge Alex Kozinski, Court of Appeals for the Ninth Circuit, in Silveira v Lockyer, 328 F.3d 567, 569-570 (9th Cir. 2003) (dissenting), when he wrote of:
"the delusion--popular in some circles--that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth--born of experience--is that tyranny thrives best where government need not fear the wrath of an armed people. Our own sorry history bears this out: Disarmament was the tool of choice for subjugating both slaves and free blacks in the South. . . . All too many of the other great tragedies of history--Stalin's atrocities, the killing fields of Cambodia, the Holocaust, to name but a few-- were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. . . . If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars. . . . The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed--where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once."

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