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Date: Thu, 9 Dec 93 14:21:42 PST
From: cramer@optilink.dsccc.com (Clayton Cramer)
Message-Id: <9312092221.AA13969@optilink.dsccc.com>
To: president@whitehouse.gov
Subject: how to prevent those sort of mass murders
Cc: cramer@optilink.dsccc.com, firearms-politics@cs.cmu.edu,
        ca-firearms@shell.portal.com, walsh@optilink.dsccc.com
Status: RO

			     Clayton E. Cramer
			    7198 Camino Colegio
			   Rohnert Park, CA 94928
			       (707) 795-7306
			 cramer@optilink.dsccc.com


December 9, 1993

President William Clinton
The White House
1600 Pennsylvania Avenue
Washington, DC


Dear Mr. President:

I see from today's newspaper accounts that you consider expanding
"stop and frisk" authority for police to be "on the table" as part
of your attempt to make the streets safer.  I didn't watch your
inauguration, but did they leave out the part of the oath that
requires swearing to uphold the Constitution, or has the Fourth
Amendment's clause prohibiting "unreasonable searches and seizures"
been repealed?

I see that you are insisting that more gun control is needed to
avoid tragedies such as the one that happened on the Long Island
Railroad.  Hmmmm.  This horrendous crime took place in the state
with the strictest handgun laws in the nation, and the criminal
purchased a handgun in California, only a little less strict,
after passing our 15 day waiting period and background check.
This wasn't caused by a shortage of gun control, but an excess.

What would have happened if this same sorry incident had happened
in Utah, Florida, Oregon, West Virginia, Pennsylvania, or Washington 
State?  There is a strong possibility that the killer would have died 
somewhere after the second or third shot was fired.  Why?  Because in 
each of these states, residents without criminal or mental illness 
histories can easily obtain a permit to carry a handgun.  In Florida,
1.3% of the population of the state now has such a permit.  In Oregon,
2% of the adult population now has such a permit.  In the case of
Florida, it appears that this ready availability of handgun permits
is why the murder rate in Florida has fallen from 11.4/100,000 in
1987 (when the law took effect) to 9.3/100,000 in 1991 -- at a time
when the U. S. murder rate was rising.  In New York, of course, 
concealed handgun permits are difficult to impossible to obtain
(unless you pay a bribe), and so murderers can be pretty sure that
no one is going to fire back.  Details of the new wave of non-
discretionary concealed handgun permits, and how they seem to have
been moderately effectively at reducing murder rates, can be found 
in the Independence Institute Issue Paper 14-93, released June 18, 1993.

The notion of banning high capacity magazines is utterly ludicrous.
This will NOT reduce mass murder.  How long does it take to replace
a magazine with another magazine?  My wife and I can both replace
an empty handgun magazine with a loaded one in one second, even 
under pressure.  The murderer on the Long Island R.R. changed magazines
at least twice, according to newspaper accounts -- only being
subdued when he ran out of ammunition.  If he had been limited to
10 round magazines, he would have changed magazines one more time
before finishing his murderous rampage.  In short, the magazines
aren't the problem, it's the nut holding the gun you better worry
about!  Remember that the largest mass murders in the U. S. in the
last ten years have been done not with guns, but with gasoline:
96 murdered at the Dupont Plaza in Puerto Rico, and 87 murdered
in New York City at the Happyland Social Club.  (Not surprisingly,
both places have very strict gun control -- and so the savages
used gasoline, not guns.)

Your continued efforts to characterize "legitimate" gun ownership
in America as related to hunting and target shooting is inaccurate.
My wife and I both have concealed handgun permits.  Why?  Because
we live in an area that is beginning to develop a serious violent
crime problem, in spite of very strict gun control laws here in
California.  Self-defense is a legitimate reason to own a gun.
Three weeks ago, in a shopping center where I often go, a man was 
walking with his daughter.  A group of teenaged gang members 
harrassed and chased him, culminating with the gang stabbing the 
father in the face with a screwdriver.  Even if you could magically 
make every handgun in America disappear (and magic would be required),
the violence problem will not disappear.

You keep insisting that something needs to be done about "assault
weapons," while insisting that there is no legitimate purpose to
them.  You are simply, utterly, wrong.  First of all, there is
no significant criminal misuse of military-style rifles.  All
the rifles combined (most of which are hunting rifles) make 1-3%
of the murders in the U.S. each year.  Studies such as the one
done by the Florida Assault Weapons Commission found that tiny
fractions of 1% of crimes in Florida were done with assault
weapons -- and most of THAT tiny fraction was with weapons that
are classed and restricted as handguns -- not with rifles.

Second, there is a legitimate purpose to assault weapons.  During
the 1992 Los Angeles riots, many, many shopkeepers used such weapons
to defend their stores from rioters.  Interestingly enough, there
was no rioters actually killed during these confrontations --
probably because the shopkeepers were more interested in discouraging
destruction than in killing people.  In these situations, where
hundreds of rioters are attacking a store or mall, a high capacity
magazine is extremely useful -- it means that the defender can
afford to waste a few shots into the air over the crowd as a threat, 
without having to immediately start killing rioters.

Third, there is a constitutional issue here.  Greenwood Press
(a well-respected academic publishing house in Connecticut) will
soon be publishing my second book, FOR THE DEFENSE OF THEMSELVES AND 
THE STATE: THE ORIGINAL INTENT & JUDICIAL INTERPRETATION OF THE RIGHT
TO KEEP AND BEAR ARMS.  This is a scholarly history of original
intent and judicial interpretation of both the Second Amendment,
and its analogs in the various state constitutions.  In the course
of my research, I was surprised to find that the primary concern
motivating the various state requests for the Second Amendment was
not individual self-defense (though this was assumed to be a right,
everywhere), not foreign invasion, but tyranny from the new
Federal Government.  Repeatedly, debates about ratification of
the Constitution expressed concern that the new federal government
might abuse its powers, and the defenders of the new Constitution
denied that this would happen.  As James Madison pointed out in
Federalist 46:

      Extravagant as  the supposition  is, let  it however be
      made.  Let a regular army, fully equal to the resources
      of the country be formed; and let it be entirely at the
      devotion of  the [Federal]  Government; still  it would
      not be going too far to say, that the State Governments
      with the  people on  their side  would be able to repel
      the danger.   The highest number to which, according to
      the  best  computation,  a  standing  army      can  be
      carried in  any country,  does not exceed one hundredth
      part of  the whole number of souls; or one twenty-fifth
      part of  the number able to bear arms.  This proportion
      would not  yield in  the United  States an army of more
      than twenty-five  or thirty  thousand men.    To  these
      would be opposed a   militia   amounting to near half a
      million of citizens with arms in their hands, officered
      by men chosen from among themselves, fighting for their
      common  liberties,   and  united   and   conducted   by
      governments possessing their affections and confidence.
      It  may   well  be   doubted  whether  a  militia  thus
      circumstanced  could   ever  be  conquered  by  such  a
      proportion of regular troops.

While some state supreme courts in the nineteenth century upheld
laws that restricted or regulated the carrying of handguns, even
these courts, taking narrow views of the meaning of the right to
keep and bear arms, pointed out:

      There  need  be  no  fear,  from  any  thing  in  these
      sections, that  the citizen  may not  always have arms,
      and be  skilled  in  their  proper  use,  whenever  the
      common defense may require him to take them up.[Haile v. 
      State, 38 Ark. 564, 567 (1882).]

A more typical decision of the period is that of the Georgia Supreme
Court, which overturned a state ban on sales of concealable deadly
weapons (including small handguns) based on the Second Amendment:

      The right  of the  whole people,  old and  young,  men,
      women and  boys, and not militia only, to keep and bear
      arms of  every description,  and not such merely as are
      used by the militia, shall not be infringed, curtailed,
      or broken  in upon,  in the smallest degree; and all of
      this for  the important end to be attained: the rearing
      up and  qualifying  a    well-regulated    militia,  so
      vitally necessary to the security of a free State.  Our
      opinion  is,   that  any  law,  State  or  Federal,  is
      repugnant  to   the  Constitution,   and  void,   which
      contravenes this  right, originally  belonging  to  our
      forefathers, trampled  under foot by Charles I. and his
      two wicked  sons and  successors, reestablished  by the
      revolution of 1688, conveyed to this land of liberty by
      the colonists,  and finally  incorporated conspicuously
      in our  own   Magna  Charta!  And  Lexington,  Concord,
      Camden, River  Raisin, Sandusky, and the laurel-crowned
      field  of   New  Orleans,  plead  eloquently  for  this
      interpretation![Nunn v. State, 1 Ga. 243, 250, 251 
      (1846).]

The Texas Supreme Court's decision in English v. State, 35 Tex.
473 (1872), which upheld Texas' law restricting the carrying of 
handguns, argued that the right to keep and bear arms applied
only to individually-owned military weapons.  An AR-15, or an
AK-47, certainly qualifies as a "military weapon," such as might 
be used to keep a tyrannical government in check.  They used 
YOUR argument about the meaning of the Second Amendment, and 
even they acknowledged that military weapons were protected!

Stop trying to disarm law-abiding people -- disarm the criminals.
Stop pretending that you can solve the severe social problems
that this country now has by attacking a symptom: violence.
Above all, stop punishing those of us who are NOT the problem.
You claimed during the campaign to be a "New Style Democrat,"
not one of those stuck in the traditional far left nonsense.
There is no better evidence that you are, in fact, part of that
lunatic left, than your continuing to chase this delusion that you
can make America a safer place by criminalizing gun ownership,
instead of criminalizing violent actions against others.


Very Truly Yours,





Clayton E. Cramer

