Negroes and the Gun (70 page)

25
. Neil R. McMillan,
Dark Journey: Black Mississippians in the Age of Jim Crow
(1990) at 202-204.

26
. Ibid., at 203;
Collins v. Mississippi
, 100 Miss. 435, 437 (1911);
Butler v. Mississippi
, 146 Miss. 505 (1927).

27
. Delbert S. Elliott, “Life Threatening Violence Is Primarily a Crime Problem: A Focus on Prevention,” 69
Colo. L. Rev.
(1998) at 1081, 1093.

28
. David Kennedy and Anthony Braga, “Homicide in Minneapolis: Research for Problem Solving,” 2
Homicide Studies
(1998) at 263-290; Robert J. Cottrol, “Submission Is Not the Answer: Lethal Violence, Microcultures of Criminal Violence and the Right to Self-Defense,” 69
U. Colo. L. Rev.
(1998) at 1029.

29
. Charles Lane,
The Day Freedom Died: The Colfax Massacre, the Supreme Court and the Betrayal of Reconstruction
(2008) at 5; Robert Cottrol and Raymond Diamond, “Never Intended to apply to the White Population” 70
Chi.-Kent L. Rev.
(1995) at 1307-1335; Clayton Cramer, “The Racist Roots of Gun Control,”
Kan. J. L. & Pub. Pol'y
(1995) at 17.

30
. Oliver,
Structural-Cultural Perspective
, at 280.

31
. Robert Sherrill,
The Saturday Night Special
(1973) at 125.

32
. Darnell Hawkins, ed.,
Homicide among Black Americans
(1986).

33
. Ibid., at 8. Hawkins followed his 1986 work with two additional books:
Ethnicity, Race and Crime: Perspectives across Time and Place
(1995) and
Violent Crime: Assessing Race and Ethnic Differences
(2003). One of the better concrete prescriptions for addressing the problem is provided in David M. Kennedy,
Don't Shoot: One Man, a Street Fellowship and the End of Violence in Inner-City America
(2011).

34
. The result comes from counting 743 gunshot deaths in King County, Washington. For every case where a gun in the home was used in a justifiable killing, there were 4.6 criminal homicides, 37 suicides, and 1.3 unintentional deaths. Arthur L. Kellermann and Donald T. Reay, “Protection or Peril? An Analysis of Firearm-Related Deaths in the Home,” 314
New Eng. J. Med.
(1986) at 1557-1560; Stevens H. Clarke, “Firearms and Violence: Interpreting the Connection,”
Popular Gov't
. (Winter 2000) at 3, 9; Gary Kleck,
Point Blank: Guns And Violence in America
(1991) at 114; Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86
J. Crim. L. & Criminology
(1995) at 150-181.

35
. “With about 1400 FGAs in 1987, this implies that there were fewer than 28 incidents of this sort annually.” Kleck,
Point Blank
, at 122.

36
. Gary Kleck and Mark Gertz conducted an especially thorough survey in 1993, with stringent safeguards to cull respondents who might misdescribe a DGU story, yielding a midpoint estimate of 2.5 million DGUs annually. See Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86
J. Crim. L. & Criminology
(1995) at 150. Eighty percent of these DGUs involved handguns, and 76 percent did not involve firing the weapon but merely brandishing it to scare away an attacker.

Marvin Wolfgang, one of the most eminent criminologists of the twentieth century and an ardent supporter of gun prohibition, reviewed Kleck's findings and commented, “I am as strong a gun-control advocate as can be found among the criminologists in this country. . . . I would eliminate all guns from the civilian population and maybe even from the police. I hate guns. . . . Nonetheless, the methodological soundness of the current Kleck and Gertz study is clear. . . . I do not like their conclusions that having a gun can be useful, but I cannot fault their methodology. They have tried earnestly to meet all objections in advance and have done exceedingly well.” Marvin Wolfgang, “A Tribute to a View I Have Opposed,” 86
J. Crim. L. & Criminology
(1995) at 188, 191-192.

Philip Cook of Duke and Jens Ludwig of Georgetown were skeptical of Kleck's results and conducted their own survey for the Police Foundation. That work yielded an estimate of 1.46 million DGUs per year. Philip Cook and Jens Ludwig,
Guns in America: Results of a Comprehensive National Survey of Firearms Ownership and Use
(1996) at 62-75. Cook and Ludwig argue that their own study produced implausibly high numbers. For a response to Cook and Ludwig, see Gary Kleck, “Has the Gun Deterrence Hypothesis Been Discredited?” 10
J. Firearms & Pub. Pol'y
(1998) at 65.

The National Opinion Research Center argues that Kleck's figures are probably too high, and the National Crime Victims Survey (a government survey that does not actually ask about DGUs but reports volunteered information) is too low. The NORC estimates annual DGUs in
the range of 256,500 to 1,210,000. Tom Smith, “A Call for a Truce in the DGU War,” 87
J. Crim. L. & Criminology
(1997) at 1462. Gary Kleck notes “there are now at least 14 surveys, with an aggregate sample size of over 20,000 cases, and all of the surveys indicate at least 700,000 DGUs [per year].” Gary Kleck, “The Frequency of Defensive Gun Use,” in Don B. Kates and Gary Kleck,
The Great American Gun Debate
(1997) at 159.

37
. Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86
J. Crim. L. & Criminology
(1995) at 150, 175. The Kleck/Gertz survey found that at least 80 percent of DGUs involved handguns and that 76 percent did not involve firing the weapon but merely brandishing it to scare away an attacker.

38
. Gary Kleck and Jongyeon Tark, “Resisting Crime: The Effects of Victim Action on the Outcomes of Crimes,” 42
Criminology
(2005) at 861, 903.

39
. Kleck, 35
Soc. Probs.
, at 7-9; Gary Kleck and Miriam DeLone, “Victim Resistance and Offender Weapon Effects in Robbery,” 9
J. Quantitative Criminology
(1993) at 55, 73-77; Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense With a Gun,” 86
J. Crim. L. & Criminology
(1995) at 150, 174-75; William Wells, “The Nature and Circumstances of Defense Gun Use: A Content Analysis of Interpersonal Conflict Situations Involving Criminal Offenders,” 19
Just. Q.
(2002) at 127, 152.

40
. Lawrence Southwick, “Self-Defense with Guns: The Consequences,” 28
J. Crim. Just.
(2000) at 351, 362, 367.

41
. This visceral concern is sometimes exploited for political advantage. See discussion of Washington State Initiative 676, in Nicholas Johnson, “A Second Amendment Moment: The Constitutional Politics of Gun Control,” 71
Brooklyn Law Review
(Winter 2005) at 786-788.

42
. National Safety Council,
Injury Facts
(2011) at 143.

43
. Stephen Breyer,
Breaking the Vicious Circle: Toward Effective Risk Regulation
(1995) at 5, 7 (airplane and vaccine data). “The likelihood of death by pool (1 in 11,000) versus death by gun (1 in 1 million-plus) isn't even close.” For children in age range 0–19 years, it showed firearms-related deaths of 3,067 from homicide, suicide, and accidents. This broke down into 138 accidents, 683 suicides, and 2,161 homicides, 25 from legal intervention, and 60 undetermined. National Safety Council,
Injury Facts
(2011) at 143.

44
. Lois A. Fingerhut et al., “Firearm and Nonfirearm Homicide among Persons 15 through 19 Years of Age,” 267
J. Am. Med. Ass'n
3048, 3049 tbl. 1.

45
. Kates and Mauser, “Would Banning Firearms Reduce Murder and Suicide?

A Review of International and Some Domestic Evidence,” 30
Harvard J. Law and Public Policy
(2007) at 649.

46
. Alfred Blumstein and Joel Wallman,
The Crime Drop in America
(2006).

47
. Robert Ikeda et al., “Estimating Intruder-Related Firearms Retrievals in U.S. Households, 1994,” 12
Violence & Victims
(1997) at 363.

48
. Richard Wright and Scott Decker,
Burglars on the Job: Streetlife and Residential Break-Ins
(1994) at 112-113.

49
.
James Wright, Peter Rossi, and Kathleen Daly,
Under the Gun: Weapons, Crime and Violence in America
(1983) at 139-140; Gary Kleck, “Crime Control through the Private Use of Armed Force,” 35
Soc. Probs.
(1988) at 1, 12, 15-16.

50
. David Kopel,
Lawyers, Guns, and Burglars
, 43
Ariz. L. Rev.
(2001) at 345, 363-366. For more, see Philip Cook and Jens Ludwig, “Guns & Burglary,” and David Kopel, “Comment,” both in
Evaluating Gun Policy
(Jens Ludwig and Philip Cook eds., 2003).

51
. James Wright and Peter Rossi,
Armed and Considered Dangerous: A Survey of Felons and Their Firearms
(expanded ed. 1994) at 146, 151, 155, 237.

52
. U.S. Bureau of Justice Statistics, “Household Burglary,”
BJS Bull
. at 4 (1985).

53
. George Rengert And John Wasilchick,
Suburban Burglary: A Tale of 2 Suburbs
(2nd ed., 2000; study of Delaware County, Penn., and Greenwich, Conn.) at 33; see also John Conklin,
Robbery and the Criminal Justice System
(1972) at 85.

54
. Gary Kleck,
Point Blank: Guns and Violence in America
(1991) at 140.

55
. Gary Kleck and David Bordua, “The Factual Foundation for Certain Key Assumptions of Gun Control,” 5
L. & Pol'y Q
. (1983) at 271, 284; Gary Kleck, “Policy Lessons from Recent Gun Control Research,” 49
J. L. & Contemp. Probs.
(1986) at 35, 47.

56
. Don Kates, “The Value of Civilian Handgun Possession as a Deterrent to Crime or Defense against Crime,” 18
Am. J. Crim. L.
(1991) at 113, 153. One set of commentators argued that the drop in Orlando rapes was statistically insignificant, being within the range of possibly normal fluctuations. David McDowall et al., “General Deterrence through Civilian Gun Ownership,” 29
Criminology
(1991) at 541. But this objection was based on a model that would have found statistical insignificance even if gun-based deterrence had eliminated all rapes in Orlando. Kleck,
Targeting Guns
, at 181.

57
. John Lott Jr.,
More Guns Less Crime: Understanding Crime and Gun Control Laws
(3d ed. 2010); James Q. Wilson, “Just Take away Their Guns,”
New York Times Magazine
, March 20, 1994, at 47; National Research Council,
Firearms and Violence: A Critical Review
(2005) at 270; Nicholas J. Johnson, “A Second Amendment Moment, The Constitutional Politics of Gun Control,” 71
Brooklyn L. Rev.
(2005) at 715, 747-764.

58
. Rose and McClain, at 117, 270.

59
. The quote is from
Planned Parenthood v. Casey
, 505 U.S. 833 (1992), upholding a woman's right to choose abortion. For more on the intersection between the right to arms and reproductive rights claims see,
Nordyke v. King
, 644 F.3d 776 (9th Cir. 2011); J. Harvie Wilkinson III, “Of Guns, Abortions, and the Unraveling Rule of Law,” 95
Virginia L. Rev.
(2009) at 253; Nicholas J. Johnson, “Supply Restrictions at the Margins of Heller and the Abortion Analogue,” 60
Hastings L. J.
(2009) at 1285; Cass R. Sunstein, “Second Amendment Minimalism: Heller as Griswold,” 122
Harv. L. Rev.
(2008) at 246; Nicholas J. Johnson, “Self Defense?” 2
Journal of Law Economics and Policy
(2006) at 236; Nicholas J. Johnson, “Principles and Passions: The Intersection of Abortion and Gun Rights,” 50
Rutgers L. Rev.
(1997) at 97.

Addington, Wendell. “Slave Insurrections in Texas.”
Journal of Negro History
(1950).

Alexander, Michelle.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness
(2012).

Alexander, Shawn Leigh.
An Army of Lions: The Civil Rights Struggle before the NAACP
(2012).

Apkether, Herbert.
Documentary History of the Negro People in the United States
(1974).

Armstrong, Louis.
Satchamo: My Life in New Orleans
(1954).

Avary, Myrta Lockett.
Dixie after the War: An Exposition of Social Conditions Existing in the South during the 12 Years Succeeding the Fall of Richmond
(1906).

Bates, Daisy.
The Long Shadow of Little Rock: A Memoir
(1962).

Beckworth, James P.
The Life and Adventures of James P. Beckworth as Told to Thomas D. Bonner
(1859).

Beito, David T., and Linda Royster Beito.
Black Maverick: T. R. M. Howard's Fight for Civil Rights and Economic Power
(2009).

Bibb, Henry.
Narrative of the Life and Adventures of Henry Bibb, an American Slave
(2005).