 The following is an excerpt from J. Neil Schulman's book 
 SELF CONTROL Not Gun Control, to be published Nov. 30,
 1995 by Synapse--Centurion.  Reproduction in computer file
 and message bases is permitted for informational purposes
 only. Copyright (c) 1995 by J. Neil Schulman.  All other
 rights reserved.


Presented to the 1995 Virtual Gun Rights Conference as a white
paper.

                    OKAY, LET'S LICENSE GUNS
                         JUST LIKE CARS


      How many times have you heard gun-control advocates argue
that it's ridiculous just anyone can buy a gun without a license
in most states, considering you need to register your car and get
a driver's license?

     Further, the argument goes, guns should be registered and
licensed the way cars are because while it's true that cars are
involved in about 50,000 accidental deaths a year in the United
States and firearms in only around 1,500 accidental deaths, guns
are used in around 15,000 homicides a year and another 15,000 or
so suicides.

     Of course this comparison leaves out how many automobile
fatalities are actually suicides. Police accident reports have no
good way of knowing how many single-driver or opposing-traffic
crash fatalities are suicides. An autopsy showing blood alcohol
or drugs won't necessarily tell you it was an accident because
wouldn't you get stoned if you planned to kill yourself in a car
crash?

     But the final argument to register guns and license gun
owners is always the same. Unlike cars, we are repeatedly told,
guns have only one purpose--to kill.

     Forget for a moment that the best criminology shows guns
being used two-to-three times more often in defense against a
crime than guns being used to commit a crime; and forget that the
overwhelming number of these gun defenses occur without the
trigger ever having to be pulled. Let's also forget that 99.6% of
the guns in this country will never shoot anyone.

     For the moment, let's just pretend that there is some
reason behind the argument that guns should be licensed and
registered like cars.

     If we're going to take that argument seriously, then
let's enact the same standards for owning and operating a firearm
in the United States as are actually in use for owning and
operating a motor vehicle.

COMPARING MANUFACTURE, OWNERSHIP,
REGISTRATION, AND ENFORCEMENT


     To begin with, anyone in the United States may own a
motor vehicle without a license. You can be living on death row
in your state's maximum-security prison and still hold title to a
motor vehicle.

     But under federal law, no convicted felon, or
dishonorably discharged veteran, or a person addicted to alcohol
or a controlled substance, may own a firearm; and there are
additional restrictions on possession of firearms by persons
under a court restraining order.

     If we're going to treat ownership of firearms the way we
treat ownership of motor vehicles, we're going to have to repeal
these firearms laws.

     There are no restrictions whatsoever on what sort of
motor vehicle anyone may own. Anyone of any age may buy or own an
automobile, or an eighteen-wheeler, or a motorcycle, without
restriction. You can own a car that looks like a hot dog, if you
feel like it.

     But there are both federal and state restrictions on the
ownership of various types of firearms, or even parts for them.
Restrictions include operational capacities, accessories, or mere
appearance. Laws restrict the sale or ownership of fully-
automatic firearms; similar restrictions affect some magazine-
loading but non-automatic firearms. Other laws restrict rifles
with pistol grips or bayonet mounts or flash suppressors. Federal
restrictions forbid the sale of ammunition magazines that hold
more than ten rounds. There are laws against handguns or shotguns
with too short a barrel, and restrictions on owning firearms
which are made to look like anything else, such as a wallet.

     If we treated ownership of firearms the way we treat
ownership of motor vehicles, we'd have to repeal these sorts of
laws.

     One need not register any motor vehicle unless one
operates it on public roads. In some states, the registration of
a motor vehicle need not be in the actual name of an owner but
may be registered under a fictitious or business name. One may
own and possess an automobile even if one lives in public
housing. There are no laws requiring that automobiles be kept in
locked garages or specifically penalizing parents if their
children gain access to an unlocked garage and operate the
vehicle, causing harm. There is no restriction on the ownership
or possession of motor vehicles in Washington D.C., Chicago,
Detroit, New York, or other major cities; nor any requirement
that motor vehicles be kept disassembled and locked up,
unavailable for immediate use.

     In cities such as Washington D.C. and New York, numerous
prohibitions, restrictions, and requirements are made in the
possession of firearms. In Washington D.C. and elsewhere, if
you're allowed to own a firearm at all, you must keep it locked
up, unloaded, and disassembled, even in your own house. In some
public housing projects where the police are rare, poverty-
stricken residents must surrender all rights to possess firearms
for self-protection. In California and elsewhere, a parent who
keeps a loaded or unlocked firearm for protection, even if well-
hidden, risks special penalties if a child finds it and causes
harm with it.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these firearms laws.

     There is no waiting period or background check necessary
for the purchase of any motor vehicle. There is no restriction on
the size, power, or seating capacity of the motor vehicles one
may legally purchase. No one passed laws making it illegal to
lower the noise-making capacity of a motor vehicle; to the
contrary, laws require that motor vehicles not violate noise-
pollution statutes. There are few or no restrictions forbidding
automobile ownership by ex-cons, or convicts on probation, or
parolees, or individuals under court restraining orders, or even
registered sex offenders--not to mention so-called deadbeat dads.
Even persons convicted of vehicular homicide may usually still
legally hold title to an automobile.

     But there is a waiting period to purchase a firearm in
many states, ranging from the five days mandated by the federal
Brady Law, to some states or cities where the background check
can take many months to process. Background checks often block
the purchase of a firearm by someone whose only crime is that she
has an unpaid traffic ticket or that he's behind on his child
support, or someone is subject to a restraining order obtained as
a legal maneuver in a divorce. Often the license allows just one
firearm of a type selected by a police official, and also
restricts the times, places, and purposes for which one may
possess that single firearm. There are laws forbidding the
installation of silencers on firearms which would allow them to
be fired quietly during target practice, with a result that
damage to ears--even with ear protectors--is common.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these restrictive
firearms laws.

     There is no federal license needed to manufacture a motor
vehicle; nor is the possession of parts with which one can
manufacture a motor vehicle subject to federal, state, or local
laws. The federal government does not raid the homes of its
citizens looking for parts that could be used in the unlicensed
manufacture of motor vehicles. Kids can make or modify motor
vehicles in their back yards, driveways, or in school auto shops
with help from their teachers.

     In contrast, manufacture of any firearm requires a
federal license requiring fingerprints, an FBI background check,
oaths and warrants, and significant license fees. Both federal
and state authorities have harassed both licensed dealers and
noncommercial sellers suspected of paperwork or technical
violations; and sting operations have entrapped individuals.
Authorities induced backwoodsman Randy Weaver into sawing a
shotgun barrel shorter than the legal limit, and attempted to
make him miss a court appearance for this violation by changing
his court date without notice; his failure to appear resulted in
a violent confrontation between this previously law-abiding man
and federal authorities. The confrontation resulted in the death
of a federal officer and of Weaver's wife Vicki, who was
shot--standing unarmed while holding an infant--by an FBI Hostage
Rescue Team sharpshooter only 200 yards away.

     At Waco, Texas, an armed assault by the Bureau of
Alcohol, Tobacco, and Firearms on the Christian Branch Davidians
resulted in a firefight which led to the immediate deaths of
seven civilians and four federal agents, and the later deaths of
over 80 previously law-abiding men, women, and children; the
warrant which authorized this raid was that the Davidians were
suspected of possessing parts which would have enabled the
conversion of a magazine-fed but non-automatic rifle into a full-
auto rifle that--if the federal tax had been paid--would have
been legal to own in the state of Texas, anyway.

     In numerous cases, acting on nothing more than anonymous
tips, federal officers have staged raids on gun-owners' homes,
destroying their property, terrorizing their families,
confiscating valuable gun collections later determined to be
perfectly legal, and even killing their pets. No compensation has
ever been made to victims of these gestapo-like raids.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these confusing laws
and disband federal police agencies involved in these sorts of
operations.

     There is no requirement that a motor vehicle be purchased
from a licensed dealership. There is no federal licensing of
motor vehicle dealers, and no federal bureau with police powers
allowing regular inspection of dealer's sales records without a
warrant. 

     In some states, including California, all purchases of
firearms must be made from federally-licensed dealers. All
federally licensed firearms dealers must allow the Bureau of
Alcohol, Tobacco, and Firearms a yearly inspection of their
dealer-record-of-sales forms. ATF agents have been known to use
these occasions for general searches or even theft of any other
paperwork they find interesting, without obtaining a search
warrant meeting constitutional requirements. The Bill of Rights
forbids general searches and requires officers, if they wish a
search warrant, to make sworn affidavits stating what they are
looking for and what crime it is evidence of.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these firearms laws,
and forbid such unconstitutional searches.

     Anyone can purchase a motor vehicle by mail, or across
state lines. There is no restriction of the number of motor
vehicles one may own, or any restrictions on the number of motor
vehicles one may buy in a month.

     It is illegal to purchase a firearm by mail or from a
seller in another state unless one holds a federal dealer's
license or such purchase meets legal purchase requirements in
both states. Some states, such as Virginia, forbid the purchase
of more than one firearm per month.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these laws.

COMPARING LICENSING


     One does not need any license to be in possession of any
motor vehicle anywhere in the United States of America. There are
no requirements that a motor vehicle be kept locked up and in
non-operational condition as a requirement of legally
transporting one. There are no laws requiring cars to be stored
in locked garages, or otherwise made inaccessible to their
owners. Students who drive may drive their cars to school and
park them on school property if such parking is available.

     In many cities and states, it is illegal for a private
individual--and often even a sworn police officer who is
off-duty--to be in personal possession of a firearm in
operational condition--that is, loaded and without a trigger
guard--or in possession of even an unloaded firearm if it is
concealed or not deliberately rendered inaccessible to its owner;
or to keep even an unloaded firearm in the trunk of one's car or
concealed on one's person.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these firearms laws.

     There are no restrictions on the operation of motor
vehicles on private property, with the owner's permission,
anywhere in the United States. A child may legally operate a
motor vehicle on private property with no license required. The
only licensing requirements in any state are in the event that
one is going to operate that motor vehicle on public streets or
highways, in which case one must qualify for and carry an
operator's license.

     In many states or cities it is impossible for a private
individual to legally possess a firearm on public streets at all;
and the use of a firearm, even in cases of legal self-defense or
protection of the lives of others, often results in prosecution
on firearms charges. Bernhard Goetz, acquitted by a jury for
shooting young punks on a subway whom he had good reason to
believe were attempting to mug him, was convicted and served jail
time for possessing the firearm he used to defend himself. There
are additional restrictions on the possession of firearms by
minors, even with their parents' permission, under conditions
where such possession would be for a legally-permissible purpose.
In addition to other criminal penalties, students possessing a
firearm, or a toy gun, or even empty ammunition casings on school
property are suspended or expelled.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must repeal these firearms laws
against possession and legitimate use of firearms.

     Training for operating a motor vehicle is part of the
curriculum at public high schools. There are also private
operator's schools in every neighborhood, without zoning
restrictions. In many states one may get a learner's permit to
operate a motor vehicle on public roads as young as age 14, and
an operator's license as young as 16. At 18 one can get an
unrestricted operator's license. Additional tests allow one to
operate 2-wheeled vehicles and 18-wheel vehicles. The test for an
operator's license measures one's knowledge and proficiency in
the safe operation of a motor vehicle. You do not have to
convince anyone that you have a need for the license. Once you've
demonstrated competency at a level that almost anyone can
satisfy, the state has no discretion in refusing you an
operator's license. Except for convicted violators allowed
restricted driving privileges, any state's license for operating
a motor vehicle is good in all places throughout the state, at
all times, and every state's license is recognized by every other
state. The license is good for operating all motor vehicles of
that class, not just motor vehicles which one owns.

     In those states where it is possible to obtain a license
to carry a gun at all, such licenses are often at police
discretion, and handed out as payoffs to political cronies. The
licensing procedure is often burdensome, invasive of privacy,
time-consuming, and expensive. In some states the possession of a
carry license is a matter of public record which can be reported
in the news. Often licensing is blatantly discriminatory against
women and minorities. Often the license has severe restrictions
as to time and place that one may carry the firearm, and limits
the carrying to only specified firearms. Usually the license is
not recognized by other states and a person carrying a firearm
under another state's license is prosecuted as if they were not
licensed at all. In Los Angeles, actor Wesley Snipes was arrested
for carrying a gun; Snipes was licensed to carry in Florida but
was charged anyway. Even in states, such as Florida, which make
issuance of licenses mandatory to qualified applicants, there are
numerous restrictions on the places into which one is permitted
to carry the firearm, resulting in accidental violations of law
and suspensions of licenses. One must be twenty-one to obtain a
license to carry a firearm in most states; and federal law
severely restricts possession of firearms by individuals under
eighteen, even with their parent's consent. Firearms training in
schools is a rarity, with the result that those minors in
possession of firearms--even if they have legitimate fear for
their lives--are both penalized for carrying them and often left
unqualified, by lack of available training, to possess or operate
them in a safe or disciplined manner.

     If we treat ownership of firearms the way we treat
ownership of motor vehicles, we must rewrite these carry laws to
remove these burdens and restrictions, and make training more
available.

     You may, with your motor vehicle operator's license, rent
a motor vehicle when your motor vehicle is unavailable--such as
upon arrival at an airport in a city one is visiting.

     There is certainly no Hertz Rent-a-Gun at every airport.

     Now, shall we place exactly the same restrictions on the
manufacture, vending, purchase, ownership, and operation of
firearms that we currently place on automobiles?

     The laws regarding motor vehicles in our society, while
not perfect, at least recognize these common devices as serving
the legitimate purposes of large numbers of the population.
Lawmakers have at least tried to see that the laws governing
automobile ownership and operation do little more than serve
basic public requirements, such as revenue and encouraging proper
training and safety awareness. Ordinary motorists, while perhaps
overburdened themselves, at least aren't penalized for thinking
they have a need to keep a working car with them. Punishments in
our society are reserved for those who misuse motor vehicles, not
those who use them as they were intended.

     Contrariwise, the laws regarding firearms in our society
always seem to place the burden of proof on any private person to
demonstrate to some public servant a need to own or possess a
firearm. Restrictions disarm the public in places where there is
increased danger of violence--precisely where one might need to
defend oneself.

     It is true that, for most of us, guns aren't as useful on
a daily basis as cars. Looked at with a micro perspective, you
could carry a gun for years before finding it needful; a gun kept
for protective purposes is more like a fire extinguisher than a
car. You might never need it; but when you do, having it can
prevent tragedy.

     Looked at with a macro view, we now know that one of your
neighbors uses a firearm every thirteen seconds or so preventing
just that sort of tragedy, and that using a gun for defense in an
assault or robbery attempt is twice as likely to keep you
unharmed than either not resisting at all or attempting any other
form of resistance.

     Yet, for a person not either engaged in a life of crime
or professionally confronting criminals, it is the very
unlikeliness of needing the gun that fosters our problems with
them. If more ordinary people carried guns more regularly, more
of us would be familiar with them, education in them would be as
common as for cars, and we'd see more stories on the news about
how one of our fellow citizens was Joanie-on-the-spot with her
gun when some psychopath decided to turn her lunch break into a
murder spree. 

     The protection of your life, property, family, and
community ... hunting game ... shooting sports ... and training
of the young in arms ... these are all well-established in our
nation's customs, the Declaration of Independence, our Bill of
Rights, federal legislation, and various state constitutions and
laws. Unlike laws treating motor vehicles, our firearms laws are
a patchwork quilt of taxes, burdens, regulations, conditions,
invasions of privacy, and outright prohibitions, all expressing
the mentality that only persons of political privilege may
possess means to use deadly force if the need arises. Gun control
advocates demand a "national gun policy," but their demands are
only for increases in gun restrictions in places that don't
currently have them; they are unwilling to unify laws in such a
way that local violations of firearms rights are preempted by
federal laws.

     So, by all means, let's start immediately rewriting the
laws in this country so that the ownership, possession, and use
of guns are as fair and even-handed as laws governing cars. Maybe
more people will then keep guns with them when they're needed,
and criminals with guns will no longer operate with the guarantee
of a disarmed public to prey upon.

     Honest gun-control advocates should be delighted at this
prospect. They just might get precisely what they've asked for.

                                ***


                         THE NEW BOOK
                    from J. Neil Schulman!

                           Author of 
        STOPPING POWER: Why 70 Million Americans Own Guns


                 SELF CONTROL Not Gun Control


   "Schulman interestingly and insightfully raises a number of
  liberty-related issues that we ignore at the nation's peril.
   His ideas are precisely those that helped make our country
  the destination of those seeking liberty.  The book's title
 says it all: personal responsibility, not laws and prohibitions,
                is the mark of a civil society."
     Professor Walter E. Williams, Chairman
     Department of Economics
     George Mason University
     Fairfax, Virginia


Publisher: Synapse--Centurion
Price: $24.95 U.S.; $32.95 Canada
Publication Date: November 30, 1995
Approx. Shipping Date: Oct. 15, 1995
ISBN: 1-882639-05-7
Library of Congress Catalog Number: 95-74682

Full info is on J. Neil Schulman's World Wide Web Page at:  
http://www.pinsight.com/~zeus/jneil/ or download the file
SELFCONT.ZIP from GunTalk.

                     *** ORDER INFO ***

Synapse--Centurion Books is now accepting pre-printing wholesale 
orders for whole cases of SELF CONTROL Not Gun Control at 60% 
off cover price -- $10 per book and 24 books per case -- IF 
THE ORDER WITH FULL PAYMENT IS RECEIVED ON OR BEFORE 
SEPTEMBER 20TH, 1995.  

To mail-order SELF CONTROL Not Gun Control, send a check or money 
order for $240 per case plus $25 shipping & handling per case to:

Synapse--Centurion
225 Santa Monica Blvd., Suite 1204
Santa Monica, CA  90401

Orders will be shipped by UPS ground unless a P.O. Box is given,
in which event they will be shipped parcel post.  California 
booksellers include your California reseller's number with
your order; otherwise, California residents include California 
sales tax of $19.80 per case.

Telephone credit card orders  -- Visa, MasterCard, Discover/Novus,
or American Express -- may be recorded on our hotline at 
500-367-7353.  

If ordering by phone, please state clearly:

1) The cardholder's name; 
2) The cardholder's daytime telephone number;
3) The credit card number and expiration date;
4) The seller's California reseller's number
       (If a California reseller's number is not 
       included, $19.80 per case in sales tax will 
       be added to orders shipped to California 
       addresses.);
5) The number of 24-book cases to be ordered 
       (at $240 per case plus $25 s&h per case);
6) The address to ship the books
       (If a post office box is given, the books will
       be shipped parcel post instead of UPS.).

Again, to be given this pre-printing price, orders will full 
payment must be received by September 20, 1995.  Books will be 
shipped approximately October 15, 1995.

 
     Reply to:
  J. Neil Schulman
  Mail:                 P.O. Box 94, Long Beach, CA 90801-0094
  Voice Mail:           (500) 44-JNEIL
  Fax:                  1-500-445-6345
  Internet:             jneil@genie.com
  World Wide Web Page:  http://www.pinsight.com/~zeus/jneil/ 

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