Gun-control laws don’t work. What is worse, they act perversely. While legitimate users of firearms encounter intense regulation, scrutiny, and bureaucratic control, illicit markets easily adapt to whatever difficulties a free society throws in their way. Also, efforts to curtail the supply of firearms inflict collateral damage on freedom and privacy interests that have long been considered central to American public life. Thanks to the seemingly never-ending war on drugs and long experience attempting to suppress prostitution and pornography, we know a great deal about how illicit markets function and how costly to the public attempts to control them can be. It is essential that we make use of this experience in coming to grips with gun control.

The thousands of gun-control laws in the United States are of two general types. The older kind sought to regulate how, where, and by whom firearms could be carried. More recent laws have sought to make it more costly to buy, sell, or use firearms (or certain classes of firearms, such as assault rifles, Saturday-night specials, and so on) by imposing fees, special taxes, or surtaxes on them. The Brady bill is of both types: it has a background-check provision, and its five-day waiting period amounts to a “time tax” on acquiring handguns. All such laws can be called scarcity-inducing, because they seek to raise the cost of buying firearms, as figured in terms of money, time, nuisance, or stigmatization.

Despite the mounting number of scarcity-inducing laws, no one is very satisfied with them. Hobbyists want to get rid of them, and gun-control proponents don’t think they go nearly far enough. Everyone seems to agree that gun-control laws have some effect on the distribution of forearms. But it has not been the dramatic and measurable effect their proponents desired.

Opponents of gun control have traditionally wrapped their arguments in the Second Amendment to the Constitution. Indeed, most modern scholarship affirms that so far as the drafters of the Bill of Rights were concerned, the right to bear arms was to be enjoyed by everyone, not just a militia, and that one of the principal justifications for an armed populace was to secure the tranquility and good order of the community. But most people are not dedicated antiquarians, and would not be impressed by the argument “I admit that my behavior is very dangerous to public safety, but the Second Amendment says I have a right to do it anyway.” That would be a case for repealing the Second Amendment, not respecting it.

FIGHTING THE DEMAND CURVE

Everyone knows that possessing a handgun makes it easier to intimidate, wound, or kill someone. But the implication of this point for social policy has not been so well understood. It is easy to count the bodies of those who have been killed or wounded with guns, but not easy to count the people who have avoided harm because they had access t weapons. Think about uniformed police officers, who carry handguns in plain view not in order to kill people but simply to daunt potential attackers. And it works. Criminals generally do not single out police officers for opportunistic attack. Though officers can expect to draw their guns from time to time, few even in big-city departments will actually fire a shot (except in target practice) in the course of a year. This observation points to an important truth: people who are armed make comparatively unattractive victims. A criminal might not know if any one civilian is armed, but if it becomes known that a large number of civilians do carry weapons, criminals will become warier.