Samizdata

In another of the cases dumped on an unsuspecting public today, the last day of the US Supreme Court’s session, the High and Mighty Nine reiterated that a municipality cannot be expected to provide competent police protection for its residents. The only twist was that this time the plaintiff was trying to hold the local coppers liable for failing to enforce a restraining order issued by a court.

The bad guy in question violated a restraining order to kidnap his daughters from his ex-wife’s front lawn. After being informed that the perp had announced he was taking the girls to an amusement park in Denver, the local constabulary neglected to call the Denver police or go to the amusement park. Their effort was limited to trying to contact the perp on his phone, and “keeping an eye out” for his truck.

Ultimately, he was killed in a shoot-out with police. After they had tracked him to his mountain hideaway? Not exactly. He was shot in front of the police station. One suspects that he was double-parked, and had blocked in the cruiser detailed with making the morning donut run.

Oh, the three little girls? They were found dead in his truck. Heaven forbid, though, that the municipality should be held to standards of ordinary care.

There have been some interesting discussions across the blogosphere about the role of arms in resisting tyranny, many sparked off by what is going on in Zimbabwe. But whilst I am very much in favour of civilian ownership of firearms that are suitable for all manner of uses, I think many ‘on my side of the aisle’ overstate the direct benefits of not allowing the state to have a monopoly on the means of violence. Certainly I do not buy the argument that arming the Tiananmen Square protesters would have prevented the massacre that occurred.

However what arming the population does is not prevent tyranny (at least not on its own), but rather it raises the marginal cost of tyranny. The in your face reality of most tyrannies around the world is that it is not enforced on a daily basis by armies with tanks and helicopters (against which a few AK-47’s will do little) but rather by a couple swaggering officious policemen with little handguns pushing their way into people’s houses. Now those folks are the ones a few privately held weapons can truly work wonders with when it comes to the bottom line reality of force, not because privately held weapons will actually be used to kill or intimidate directly but simply because those policemen know that whilst they have the authority of the state behind them, right there and then in that house, there are very real limits to just how far they can push things, which is exactly how it should be.

Sure, they can come back with 50 soldiers in armoured personnel carriers if needed, but if that is what they have to do every time they want to intimidate someone, well, that is a much bigger investment of time and effort. Do not underestimate the value of increasing the marginal cost of tyranny. For example widespread gun ownership in Zimbabwe probably would have a major impact at mitigating the shambolic Zimbabwean governments ability to carry out much of what it does even if it does not directly lead the Mugabe’s well deserved downfall.

Guns in private hands work, but it is just one piece of a much larger question and I suspect claiming they are a panacea for the ills of bad governance is not doing the pro-liberty side any service at all.

There is a question concerning the relationship between guns and gangsterism that bedevils third world countries but the control of arms sounds suspiciously like that other ‘success story’: the war on drugs. Jack Straw’s keen attempt to follow the NGOs on this matter was publicised at a press conference today where he attempted to internationalise this issue through an “arms control” treaty. It is not surprising that this immoral act is perpetrated by the Blair administration: a clique that is unable to understand the simple connection between the rule of law and a well armed citizenry.

Straw argued that existing treaties covering chemical, biological and nuclear weapons should be matched by a new treaty covering smaller weapons. And he acknowledged that such weapons “account for far more misery and destruction across the world”. “The new treaty needs to include a wide range of signatories, including the world’s major arms exporters,” he said. “I certainly do not underestimate the difficulties of that. Many nations are concerned that a new arms trade treaty may restrict their defence industries; constrain their foreign policy; and lead to constant legal challenge of export licence decisions. Their approach may initially be one of scepticism, at best. “But in order for it to work properly, a new arms control treaty will need to include as many of the world’s nations as possible – especially those with strong defence industries of their own.

T
he NGO campaign for this solution stems from the revolutionary liberalism redolent of Enlightenment manure. Instead of undertaking the patient steps of building stable laws in these territories and defending property, these organisations prefer to build a bureaucratic edifice of controls, inspections and treaties, a job creation scheme for peace studies graduates.

The Control Arms Campaign is co-ordinated by Oxfam and Amnesty International. They view the proliferation of firearms as a key threat to peace and security. They are right in that technology has lowered the cost of owning firearms and has allowed the strong to plunder the weak; governments or gangs to maim, murder and steal. (although the genocide in Rwanda in 1994 did not require firearms, just edged weapons).

However, their solution is old-fashioned, insensitive to local conditions, and designed to reinforce the status quo in many states, rotten as they are. Their solution is global arms control:

Governments must introduce new laws and measures to incorporate the principles of the Arms Trade Treaty. They must also close the loopholes in their arms controls so that they can strictly monitor end use and effectively control arms brokers and licenced production overseas. They must stop the misuse of arms by security services and introduce systems of accountability and training for them, introduce measures for disarmament when a conflict has ended, develop good justice systems for prosecuting those who misuse arms, enforce all arms control legislation and develop and implement a national action plan to address and solve the country’s arms problems.

Communities and local authorities must help collect and destroy surplus and illegal weapons, introduce community education programs to end cultures of violence, provide assistance to victims of armed violence, and provide alternative livelihoods for those who depend on violence for a living.

Only the police are considered suitable to carry guns in protection of communities if they follow the requisite standards, set down by the United Nations:

International standards do exist to control the use of guns and other methods of force by police and other law enforcement officials, but in many countries they are not being followed.These standards centre on the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. At their heart is the principle of what constitutes legitimate force. Police must sometimes be permitted to use force or lethal force, in order to do their job of keeping communities safe and protecting themselves and the public from life-threatening attacks. But the force used must not be arbitrary; it must be proportionate, necessary and lawful. And, crucially, it must only be used in self defence or against the imminent threat of death or serious injury.

Self defence for the private individual in defence of life, liberty and property is not included within this ‘solution’.