NCJ Number
100241
Date Published
1983
Length
11 pages
Annotation
This essay argues against the indiscriminate criminalization of gun possession in the home and for gun laws that aim to prevent gun ownership by persons deemed unfit to possess them.
Abstract
Two basic legal strategies can prohibit home possession of firearms. One strategy proscribes not only home possession, but possession anywhere. The second strategy, often used in connection with the first, requires a license or permit to possess a firearm and applies criminal sanctions to those possessing firearms without the proper license. Most jurisdictions permit citizens to possess firearms in their homes and outlaw such possession only for persons deemed unacceptable risks for gun ownership. A law that presumes the unfitness of most citizens to own a firearm is paternalistic and inconsistent with the presumption of innocence as well as the concept of freedom to act responsibly. The assertion that the extent of handgun ownership is directly linked to the homicide rate is not bolstered by convincing evidence. Finally, the cost of enforcing a comprehensive prohibition of gun ownership would be excessive. 32 references.