Letter to reporter:
Dear Ms. Leonnig:
I think the basic problem I have with Mayor Fenty and his gun ban, besides the constitutional issue, is his inability to accept the failure of his administration to provide a safe city and really try to do something constructive about it.
The gun ban methodology doesn't work. He has tried that and it fails again and again. To keep trying the same thing and expect a different result is not a sane thing to do. There are reams of data that show this.
Similarly, there are reams of data that show properly configured "shall issue" laws reduce crime and make life safer for all...those who decide to carry and those who don't.
Mayor Fenty refuses to look for any solution that would enable people to overcome a basic truth: when seconds count, the police are just minutes away.
This is not to bash police in any way. They simply are in a reactive mode more than 95% of the time, no matter how professional and tireless they may be. After being stalked for 14 months, I came to understand the limits of police protection very well.
Also, it is established law that police have no obligation to protect an individual but the general public, even if there were enough to go around.
Setting all that aside, the simple matter is that Fenty is defending a policy that usurps the natural and inalienable right of people to an effective self-defense. This is morally wrong on its face.
If you take the time to read the Founder's comments and related literature, even the words of Mahatma Ghandi, you find that self-defense is such a right, without which you have no other rights to anything.
The Founder's fundamental concern was that citizens could effectively defend themselves against predation by outlaws in their midst, by their own government or by foreign forces. The last two especially are related to the militia concept as a single citizen may not be up to the task of dealing with the latter two threats. This was a moral issue in their minds, and that view was influenced by literature predating the formation of these United States.
The weight of this literature and the Founder's discussions is why scholars like Larry Tribe have concluded the 2nd Amendment is an individual right. Tribe has been very honest about his own preference for expansive gun controls but his scholarship is more important to him. The right of individual self-defense, not just to have a gun, is the gist of the 2A.
Mayor Fenty does not appear so troubled, by his usurpation of a basic human right, by his inability to provide safety for citizens or his misinterpretation of the Constitution and its Bill of Rights. Or by his own armed security measures, provided by the taxpayers.
If taking guns off the street really would solve the problem then Mayor Fenty should disarm his policemen. It is the guns that are the problem, right?
I think the honest thing to do is for Fenty to pursue his case with the Supreme Court. If he really in his heart believes his gun ban to be proper and effective, he should stand by his convictions. I predict he will lose the appeal, but so be it.
The dishonest thing will be to find another way via creative lawyering and legalisms to make new law which effectively bans guns but doesn't look that way, as in NYC. That way, the Brady Campaign and other groups can continue to operate, Paul Helmke will have a job, Richard Bloomberg a podium, etc. A lot is at stake besides the safety of DC residents. And in some minds, I donm't think that safety is a real concern, compared to others more related to personal agendas and profiles.
This too is immoral on its face.
We shall see.
Thank you for writing a fairly balanced article, too.