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Gun Rights vs. Centralization
by Rep. Ron Paul, MD
Ron Paul in the US House of Representatives, April 9, 2003
Mr. Speaker, I rise today as a firm believer in the Second amendment and an opponent of all federal gun laws. In fact, I have introduced legislation, the Second Amendment Restoration Act (HR 153), which repeals misguided federal gun control laws such as the Brady Bill and the assault weapons ban. I believe the Second amendment is one of the foundations of our constitutional liberties. However, Mr. Speaker, another foundation of those liberties is the oath all of us took to respect constitutional limits on federal power. While I understand and sympathize with the goals of the proponents of the Protection of Lawful Commerce in Arms Act (HR 1036), this bill exceeds those constitutional limitations, and so I must oppose it.
It is long past time for Congress to recognize that not every problem requires a federal solution. This country's founders understood the need to separate power between federal, state, and local governments to maximize individual liberty and make government most responsive to citizens. The reservation of most powers to the states strictly limited the role of the federal government in dealing with civil liability matters; it reserved jurisdiction over matters of civil tort, such as alleged gun-related negligence suits, to the state legislatures.
While I am against the federalization of tort reform, I must voice my complete disapproval of the very nature of these suits brought against gun manufacturers. Lawsuits for monetary damages from gun violence should be filed against the perpetrators of those crimes, not gun manufacturers! Holding manufacturers liable for harm they could neither foresee nor prevent is irresponsible and outlandish. The company that makes a properly functioning product in accordance with the law is acting lawfully, and thus should not be taken to court because of misuse by the purchaser (or in many cases, by a criminal who stole the weapon). Clearly these lawsuits are motivated not by a concern for justice, but by a search for deep pockets and a fanatical anti-gun political agenda.
However, Mr. Speaker, the most disturbing aspect of these lawsuits is the idea that guns, which are inanimate objects, are somehow responsible for crimes. HR 1036 shifts the focus away from criminals and their responsibility for their actions. It adds to the cult of irresponsibility that government unfortunately so often promotes. This further erodes the ethics of individual responsibility for one's own actions that must form the basis of a free and moral society. The root problem of violence is not the gun in the hand, but the gun in the heart: each person is accountable for the deeds that flow out of his or her own heart. One can resort to any means available to commit a crime, such as knives, fertilizer, pipes, or baseball bats. Should we start suing the manufacturers of these products as well because they are used in crimes? Of course not – the implications are preposterous.
Finally, Mr. Speaker, I would remind my fellow supporters of gun rights that using unconstitutional federal powers to restrict state gun lawsuits makes it more likely those same powers will be used to restrict our gun rights. Despite these lawsuits, the number one threat to gun ownership remains a federal government freed of its constitutional restraints. Expanding that government in any way, no matter how just the cause may seem, is not in the interests of gun owners or lovers of liberty.
In conclusion, while I share the concern over the lawsuits against gun manufacturers, which inspired HR 1036, this bill continues the disturbing trend toward federalization of tort law. Enhancing the power of the federal government is not in the long-term interests of defenders of the Second amendment and other constitutional liberties. Therefore, I must oppose this bill.
Dr. Ron Paul is a Republican member of Congress from Texas.
The Worldwide Gun Control Movement
by Ron Paul
The United Nations is holding a conference beginning this week in New York that ironically coincides with our national 4th of July holiday. It’s ironic because those attending the conference want to do away with one of our most fundamental constitutional freedoms – the right to bear arms.
The stated goal of the conference is to eliminate trading in small arms, but the real goal is to advance a worldwide gun control movement that ultimately supercedes national laws, including our own 2nd Amendment. Many UN observers believe the conference will set the stage in coming years for an international gun control treaty.
Fortunately, U.S. gun owners have responded with an avalanche of letters to the American delegation to the conference, asking that none of our tax dollars be used to further UN anti-gun proposals. But we cannot discount the growing power of international law, whether through the UN, the World Trade Organization, or the NAFTA and CAFTA treaties. Gun rights advocates must understand that the forces behind globalism are hostile toward our Constitution and national sovereignty in general. Our 2nd Amendment means nothing to UN officials.
Domestically, the gun control movement has lost momentum in recent years. The Democratic Party has been conspicuously silent on the issue in recent elections because they know it’s a political loser. In the midst of declining public support for new gun laws, more and more states have adopted concealed-carry programs. The September 11th terrorist attacks and last summer’s hurricanes only made matters worse for gun control proponents, as millions of Americans were starkly reminded that we cannot rely on government to protect us from criminals.
So it makes sense that perhaps the biggest threat to gun rights in America today comes not from domestic lawmakers, but from abroad.
For more than a decade the United Nations has waged a campaign to undermine Second Amendment rights in America. UN Secretary General Kofi Annan has called on members of the Security Council to address the “easy availability” of small arms and light weapons, by which he means all privately owned firearms. In response, the Security Council released a report calling for a comprehensive program of worldwide gun control, a report that admonishes the U.S. and praises the restrictive gun laws of Red China and France!
It’s no surprise that UN officials dislike what they view as our gun culture. After all, these are the people who placed a huge anti-gun statue on American soil at UN headquarters in New York. The statue depicts a pistol with the barrel tied into a knot, a not-too-subtle message aimed squarely at the U.S.
They believe in global government, and armed people could stand in the way of their goals. They certainly don’t care about our Constitution or the Second Amendment. But the conflict between the UN position on private ownership of firearms and our Second Amendment cannot be reconciled. How can we as a nation justify our membership in an organization that is actively hostile to one of our most fundamental constitutional rights? What if the UN decided that free speech was too inflammatory and should be restricted? Would we discard the First Amendment to comply with the UN agenda?
The UN claims to serve human freedom and dignity, but gun control often serves as a gateway to tyranny. Tyrants from Hitler to Mao to Stalin have sought to disarm their own citizens, for the simple reason that unarmed people are easier to control. Our Founders, having just expelled the British army, knew that the right to bear arms serves as the guardian of every other right. This is the principle so often ignored by both sides in the gun control debate. Only armed citizens can resist tyrannical government.
June 27, 2006
Dr. Ron Paul is a Republican member of Congress from Texas.
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