March 23, 2005, 7:44 a.m.
Disarming Facts
The road to bad laws is paved with good intentions.

By John R. Lott Jr.

The last ten days have seen three horrific multiple-victim public shootings: the Atlanta courthouse attack that left four murdered; the Wisconsin church shooting, where seven were murdered, and Monday's high-school shooting in Minnesota, where nine were murdered. What can be learned from these attacks? Some take the attacks as confirmation that guns should be completely banned from even courthouses, let alone schools and churches.

The lessons from the courthouse shooting are likely to be different from the other two attacks in that there were armed sheriff's deputies present. Even if civilian gun possession were banned at the courthouse, the officers still had guns. Not only did they fail to stop the attack, they even facilitated it, because the 200-pound former football linebacker who was facing trial for rape was able to take the gun.

Guns are most useful in stopping criminals at a distance. The threat of using the gun against a criminal can allow one to capture him, or at least can cause the criminal to break off his attack. Police have a much more difficult job than civilians. While civilians can use a gun to maximize the distance between themselves and criminals, police cannot be satisfied with simply brandishing a gun and watching the criminal run away. Their job requires physical contact, and when that happens, things can go badly wrong.

My own published research on criminals assaulting police shows that the more likely that an assault will be successful, the more likely criminals will be to make it. The major factor determining success is the relative strengths and sizes of the criminal and officer. In particular, when officer strength and size requirements are reduced because of affirmative action, each one-percent increase in the number of female officers increases the number of assaults on police by 15 to 19 percent. The Atlanta-courthouse shooting simply arose from such a case.

There is a broader lesson to learn from these attacks. All three attacks took place in areas where gun possession by those who did the attack as well as civilians generally was already banned — so-called "gun-free safe zones." Suppose you or your family are being stalked by a criminal who intends on harming you. Would you feel safer putting a sign in front of your home saying "This Home is a Gun-Free Zone"?

It is pretty obvious why we don't put these signs up. As with many other gun laws, law-abiding citizens, not would-be criminals, would obey the sign. Instead of creating a safe zone for victims, it leaves victims defenseless and creates a safe zone for those intent on causing harm.

A three-year prison term for violating a gun-free zone represents a real penalty for a law-abiding citizen. Adding three years to a criminal’s sentence when he is probably already going to face multiple death penalties or life sentences for a murderous rampage is probably not going to be the penalty that stops the criminal from committing his crime.

Many Americans have learned this lesson the hard way. In 1985, just eight states had the most liberal right-to-carry laws — laws that automatically grant permits once applicants pass a criminal background check, pay their fees and, when required, complete a training class. Today the total is 37 states. Bill Landes and I have examined all the multiple-victim public shootings with two or more victims in the United States from 1977 to 1999 and found that when states passed right-to-carry laws, these attacks fell by 60 percent. Deaths and injuries from multiple-victim public shootings fell on average by 78 percent.

No other gun-control law had any beneficial effect. Indeed, right-to-carry laws were the only policy that consistently reduced these attacks.

To the extent attacks still occurred in right-to-carry states, they overwhelmingly happened in the special places within those states where concealed handguns were banned. The impact of right-to-carry laws on multiple-victim public shootings is much larger than on other crimes, for a simple reason. Increasing the probability that someone will be able to protect themselves, increases deterrence. Even when any single person might have a small probability of having a concealed handgun, the probability that at least someone will is very high.

Unfortunately, the restrictive concealed-handgun law now in effect in Minnesota bans concealed handguns around schools and Wisconsin is one of four states that completely ban concealed handguns, let alone not allowing them in churches. (There was a guard at the Minnesota school and he was apparently the first person killed, but he was also apparently unarmed.) While permitted concealed handguns by civilians are banned in Georgia courthouses, it is not clear that the benefit is anywhere near as large as other places simply because you usually have armed law enforcement nearby. One possibility is to encourage prosecutors and others to carry concealed guns around courthouses.

These restrictions on guns in schools weren't always in place. Prior to the end of 1995 when the Safe School Zone Act was enacted, virtually all the states that allowed citizens, whether they be teacher or principles or parents, to carry concealed handguns let them carry them on school grounds. Even Minnesota used to allow this.

Some have expressed fears over letting concealed permit holders carry guns on school campuses, but over all the years that permitted guns were allowed on school property there is no evidence that these guns were used improperly or caused any accidents.

People's reaction to the horrific events displayed on TV such as the Minnesota attack are understandable, but the more than two million times each year that Americans use guns defensively are never discussed — even though this is five times as often as the 450,000 times that guns are used to commit crimes over the last couple of years. Seldom do cases make the news where public shootings are stopped or mothers use guns to prevent their children from being kidnapped. Few would know that a quarter of the public-school shootings were stopped by citizens with guns before uniformed police could arrive.

In an analysis that I did during 2001 of media coverage of guns, the morning and evening national-news broadcasts on the three main television networks carried almost 200,000 words on contemporaneous gun-crime stories. By comparison, not one segment featured a civilian using a gun to stop a crime. Newspapers are not much better.

Police are extremely important in deterring crime, but they almost always arrive after the crime has been committed. Annual surveys of crime victims in the United States continually show that, when confronted by a criminal, people are safest if they have a gun. Just as the threat of arrest and prison can deter criminals from committing a crime, so can the fact that victims can defend themselves.

Gun-control advocates conveniently ignore that the nations with the highest homicide rates have gun bans. Studies, such as one conducted recently by Jeff Miron at Boston University, which examined 44 countries, find that stricter gun-control laws tend to lead to higher homicide rates. Russia, which has banned guns since the Communist revolution, has had murder rates several times higher than that of the United States; even under the Communists, the Soviet Union's rate was much higher.

Good intentions don't necessarily make good laws. What counts is whether the laws ultimately save lives. Unfortunately, too many gun laws primarily disarm law-abiding citizens, not criminals.

— John Lott, a resident scholar at the American Enterprise Institute, is the author of The Bias Against Guns and More Guns, Less Crime.