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I Defend Handguns -- That's Why I'd Ban Them

Posted: 07/23/2012 8:56 am

I defend people charged with illegally possessing handguns. Many of them. There is at least one new such case every month; sometimes, there are two or three.

If this crime is like any other, however, the number of people being caught illegally possessing handguns represents only a small fraction of those committing the offence.

Where are all these handguns coming from?

Some are smuggled in from the United States, but almost all of the others come from the expansive caches of legal possessors here in Canada.

Last month, a parent of a young man killed by a handgun called for a complete ban on the private ownership of these deadly weapons. In dismissing his poignant call, Toronto Police Chief William Blair said such a ban would be merely symbolic because police figures show only 30 per cent of the illegally possessed handguns seized in Toronto originated from legitimate Canadian owners.

With respect, the chief's numbers seem incomplete.

Lumped in among the many different charges that can arise out of an allegation of illegally possessing a handgun is very often a charge of possessing one with the serial number defaced. Handgun manufacturers are required to put serial numbers on their products so a record can be kept of who subsequently possesses them. This is how the police trace them back to legitimate owners when they are recovered from illegal possessors. What of the many that have had their serial numbers removed?

Legitimately possessed handguns fall into the hands of illegal possessors in a number of ways. Most are taken in burglaries of the homes of legal possessors. Surely, though, it would be naive not to believe that some possessors have given in to a temptation to illegally sell their guns at grossly inflated prices. Who would have a greater reason to obscure the serial number on a handgun than such a seller?

What if Chief Blair's figure of 30 per cent is correct, however? That's still certainly an incredible number of handguns. And how would reducing the supply of whatever the number of handguns on the streets by almost one-third be merely symbolic? A third less guns will, logically, cause a third less shooting deaths in Toronto each year. That's 10 out of an average of 30 lives lost this way each year saved. Even if increased gun smuggling from the United States made up for half of the drop in shooting murders, that's still a tremendous drop in the murder rate.

Only a tiny percentage of people who are allowed to own handguns are permitted to have them to carry them loaded and on their persons -- presumably for reasons of self-defence -- as opposed to under lock and key. The vast majority, therefore, only possess handguns for target practice. Five deaths a year is a terrible price to pay for a few legitimate gun owners to shoot at bull's-eyes. Furthermore, how can we abide asking police officers to risk their lives recovering deadly handguns that were possessed only for someone's sporting pleasure? Collectors could still have handguns for their historical value if they were first rendered permanently inoperable.

But what if a handgun ban would be only a symbolic gesture? History is replete with examples of symbolic bans powering great social change. When cancer is finally beaten in this country, won't the effort that beat it owe more than anything else to a symbol of a one-legged man running across the country?

As a criminal lawyer, I have always been stunned by the way one young black man can gun down another young black man as if he was worthless. To be frank and honest, that's what we are talking about when we speak of handgun murders in this city: one young black man shooting another (although, like this past terrible week, others are sometimes tragically caught in the crossfire).

From working with many of these young men, I wonder if this could happen unless so many have come to believe society as a whole thinks of them as worthless. The symbolism of coming together to say we will do everything possible to eliminate the means by which any of our young people are destroying each other would send a powerful message that we do think these young men have great worth.

We really don't have to live with handgun violence. It does not have to be part of life in the big city. We can evolve past it. The fewer the number of handgun deaths, the more each one will shock us like only the particularly horrific events of the past week do now, spurring us to even greater action.

 
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I defend people charged with illegally possessing handguns. Many of them. There is at least one new such case every month; sometimes, there are two or three. If this crime is like any other, however,...
I defend people charged with illegally possessing handguns. Many of them. There is at least one new such case every month; sometimes, there are two or three. If this crime is like any other, however,...
 
 
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HUFFPOST SUPER USER
spinnerator
08:58 PM on 07/24/2012
The logical extension of your argument is that we should ban young black men because you know, if they weren't around they couldn't shoot each other. You're dick and you should turn in your law degree.
Typical left leaning facist who's only answer is to take people's legitimate property away.
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05:50 PM on 07/24/2012
Well banning cocaine and heroin worked so good, a hand gun ban will surely stop all gun crimes i suppose.
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HUFFPOST SUPER USER
piceaglauca
The picture says it all....
10:14 AM on 07/24/2012
Further to this and the concept of worthlessness. More needs to be done in this area to determine the concept of worthless as to where it originates and how it is transferred to the population. If it is proposed as a black concept with black youth then who are these young men? Where do they come from? How do they evolve? What cultural traits are ingrained to promote the concept of worthlessness? How can it be corrected? Stopped? Redirected? All of these questions through sociological, criminal, psychological means needs to be investigated within the context of black culture assuming it is only a black phenomena.
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HUFFPOST SUPER USER
piceaglauca
The picture says it all....
10:07 AM on 07/24/2012
"Handgun manufacturers are required to put serial numbers on their products so a record can be kept of who subsequently possesses them. This is how the police trace them back to legitimate owners when they are recovered from illegal possessors. What of the many that have had their serial numbers removed?"

A solution to this is a permanently embedded micro chip GPS traceable. If feasible every gun made in the world could be found and identified withing reasonalbe time. It might even have a hand attached to it.
11:54 PM on 07/23/2012
I read the posts and nobody is listening. No no. I love guns and have a right to own one. Sad but predictable.
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BCPATRIOT
British Columbia
08:08 PM on 07/23/2012
Why don't we just ban everything.

We can start with smoking, smoking contributes to more than 37,000 deaths a year in Canada. Statistics by the Heart and Stroke Foundation of Canada.

Then we'll ban automobiles, fatalities in Canada are 2,011 in 2009
(we will go back to the horse & buggy)

We should ban alcohol, it was use by drivers in almost 30% of deaths by vehicles that s about 700 deaths per year.

What about swimming, with more than 400 fatalities annually, drowning remains the third leading cause of unintentional death among Canadians reports the Lifesaving Society, Canada’s experts.

What about banning knives 164 deaths by stabbing in Canada in 2010.
(we can all start eating with our fingers)

Just so you all know there was only 100 deaths in Canada by handguns in 2010, about 78% of those handguns used in crimes came into our country illegally.

Canada already has strict laws for handguns, those of you who do not know the handgun laws should take a course.

Wake up Canada, now-a-days you can do your own research and get to the truth.
09:55 PM on 07/23/2012
A perfect response.
11:49 PM on 07/23/2012
I.m wide awake and I support the author. Handguns should be banned. I also think a lot of money should go into making our underclass be it black or white, proud of themselves and well educated. Why not give it a shot. Of course Harper would not go for it but municipalities can. The author should read about the programme JUMP math by John Mighton. It is amazing in its ability to give kids confidence and motivate them to pusue education. Why oppose abortion and then begrudge the money to move kids into the mainstream. Only the religulous can answer that question. Begin with asking Harper and Ford.
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BCPATRIOT
British Columbia
07:05 PM on 07/25/2012
Handguns are already banned in Canada, only persons with a proper license are allowed to own them since the 1930s, those guns never show up on the streets unless stolen and the percentage of that is so small. The majority of the handguns on the streets come from USA everyday across our borders. Front Line Border Agents do there best, but the CON gov't. are laying off 324 Front Line Border Officers, plus there dogs and over a 1,000 desk personal. How do Canadians expect them to do there jobs when under staffed.
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06:05 PM on 07/23/2012
Why should all legal gun owners pay for the criminal activities of few. Should we ban all cars in order to prevent future traffic accidents?
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BCPATRIOT
British Columbia
02:19 PM on 07/23/2012
STATISTICS CANADA 2010

Methods used to commit homicides in Canada 2010

Shootings 170

Stabbings 164

Beatings 117

Strangulation/Suffocation 41

Vehicles 17

Fires 11

Poisoning 4

http://www.statcan.gc.ca/pub/85-002-x/2011001/article/11561/tbl/tbl03-eng.htm
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Homicides with firearms in Canada 2010

Handgun 100

Rifle or Shotgun 36

Sawed off rifle or shotgun 14

Full auto firearm 5

Firearm-like weapons 2

Unknown type 13

Total 170

http://www.statcan.gc.ca/pub/85-002-x/2011001/article/11561/tbl/tbl05-eng.htm
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Canadians have to start by looking at the STATISTICS not by listing to some people who do not have a clue about what there talking about what-so-ever.

A 164 homicides by stabbing compared to 100 homicides by handguns.

Should we banned all the knives in Canada too and start eating with chopsticks.

Wake up Canadians!
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Old Glenridge
in the Great White North
03:57 PM on 07/23/2012
I have seen these stats before. It proves our sensible gun control laws work to reduce gun violence. Now go look up the US stats, it will shock you.

The homicide rate in the USA is 3 times higher. Mainly because fist fights can turn into gun fights easily.
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BCPATRIOT
British Columbia
05:44 PM on 07/23/2012
I know all about US statistics for your information, just in Chicago alone in last 24 months there has been 889 homicides, but where Canadians were nothing like the Americans, that s like comparing apples and oranges.

There is a average of 41 murders committed everyday in the U.S.

In 1991 there was 24,700 homicides in the US
In 2010 there was 14,748 homicides in the US. (they are improving slowly)

We are totally 2 totally different countries, like night and day.

Those of you who like the US your free to pack up and move there anytime you wish.
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06:08 PM on 07/23/2012
If what your saying is true (USA is 3 times higher) and the Stats Can figures quoted are in absolute terms (not per capita), then their doing something right in the US considering they are approximately 10 times the size of Canada.
04:01 PM on 07/23/2012
No, our rates are still relatively low, and the fact is there is little reason to change the current laws governing firearms as they exist.

I would caution, however, that the old saw (pun kind of intended) about banning knives is supercilious, because we are talking about a different "kind" of crime. It takes a lot more anger, strength, etc., as well as proximity (thereby the opportunity to fight back), to kill someone with a knife.
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HUFFPOST SUPER USER
wendyweb47
Keeping an open mind
01:53 PM on 07/23/2012
You've made some great points - but one that I believe is at the root of all of it. The fact that most of the crimes are 'black on black' and digging a little deeper the vast majority of these young men have no fathers in their lives. We are now two generations into a huge population of black youth growing up without fathers - and its becoming the norm.

These young men have no guidance, no positive role models and no hope for a better future. Mothers do the best they can but there are things only a strong father can provide. Men (of all colours) its time to realize that if you lay down with a woman and she has your baby - you MUST stand up and be a father to that child.

Women - its time to stop having babies with men who won't be fathers. Yes - I know women can successfully raise children on their own and the mothers of the young men involved in crime do the best they can. But especially for young men growing up in the inner city with so many negative forces around them - they need their fathers. So guys - time to step up.
07:22 PM on 07/23/2012
Bingo...

Unfortunately for us, it is easier to blame an object... then deal with a behavior problem... So guess which option our politicians will take...
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HUFFPOST COMMUNITY MODERATOR
Skepticat
Supporting skeptical felines everywhere
12:04 PM on 07/23/2012
As the writer would know from his client base there is very little difficulty in obtaining handguns and with ease of smuggling from the USA no real advantange in banning them other than for politicians to create the illusion something is being done. The well trained responsible firearms owner who complies with all the regs including safe storage procedures isn't the problem - nor is the Glock 17 unloaded and locked in a secure tamper resistant gun cabinet. What should be "banned" are the people up to no good who use such weaponry for criminal activities - along with poor impulse control dysfunctionals likely to engage in bad behavior involving weapons. Caught with an unlicensed gun - no criminal history or threat - remove gun - warn - with some kind of probation appropriate to risk. Criminal history - ban by locking up for a long time. slow learner - repeat offender - "ban" by locking up much much longer. Will they be "rehabilitated" in jail - probably not because most were never "habilitated" in the first place. Will they be shooting up block parties during an extended stay at Millhaven - not very likely.
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HUFFPOST SUPER USER
Tony Pepperoni
Where did all the good Republicans go?
06:26 PM on 07/23/2012
How many of the black market hand guns start out in the possession of the responsible firearms owner? The one thing I know for a fact in the whole gun debate is that the gangsters and criminals are not making their own guns.
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HUFFPOST COMMUNITY MODERATOR
Skepticat
Supporting skeptical felines everywhere
07:58 AM on 07/24/2012
Because handguns are generally less common in Canadian households and safe storage requirements makes theft slightly more difficult - most of the handguns at least around Toronto seem to be smuggled in from the states.
11:48 AM on 07/23/2012
make them legal you will never stop people doing what they want,instead you want to make more criminals
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Old Glenridge
in the Great White North
03:01 PM on 07/23/2012
Which is basically the American approach.

They have a murder rate 3 times that of Canada, 4 times that of the UK.

So we can pretty much say that is a failed policy.
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BCPATRIOT
British Columbia
06:55 PM on 07/23/2012
Once again we are not USA and our gun laws in Canada are working just fine.

Canada (pop. 34 million) homicides committed with firearms 170 in 2010

State of California (pop.37 million) homicides committed with firearms 1,360 in 2010

The difference between night and day again.

Your figures are not correct.
07:45 PM on 09/10/2012
look at the swiss,everybody is trained and keeps their firearms when they are done and the gun crimes are almost not worth mentioning
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MJinCanada
Safe from zombies until my 2nd cup of coffee
11:34 AM on 07/23/2012
I don't know if banning handguns entirely would work. So far, prohibitions -- e.g., drugs and alcohol -- just make trade in the taboo items more lucrative and much more violent. (Heck, trying to ban a different religion, Protestantism, led to two centuries of wars in Europe.)

Your concern about one person gunning down another as if he was worthless is right on target though. These days money is much more important than human life for many people. There have been people that sociopathically greedy throughout history, but now it seems increasingly mainstream and we're supposed to be evolving for the better!

Maybe if the people who make the most money from crime didn't get a slap on the wrist compared to the poor losers at the bottom, it would help.
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HUFFPOST SUPER USER
Steve Lives
The Venus Project ... look it up
12:41 PM on 07/23/2012
Or just get rid of the entire concept of money.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
06:00 PM on 07/23/2012
Hmm. A return to the barter system would certainly level out the class system -- and get rid of the white collar crooks on wall street -- but we'd have to reinvent some form of money for practicality. Computer credit chips?
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HUFFPOST BLOGGER
Ike Awgu
11:01 AM on 07/23/2012
How about a ban on having children carelessly?

Speaking of careless, I'm somewhat irritated by Mr. Rusonik's careless characterization of handgun murders in Toronto. I suppose black people are a homogeneous group who have no origins from nation states. Ergo, the crime problem has nothing to do Canadians of Caribbean origin, it's just, you know, the blacks.
10:37 AM on 07/23/2012
I have to admit that I have never seen the allure of owning and/or shooting a handgun; rifles can (and are used) for hunting, while handguns are solely used against fellow human beings.
While there is a certain amount of sense in the argument that guns can act as a deterrent and that a person could use them as a method of self-defense, the cost involved with owning a gun -- accidents, method to commit suicide, escalation of an altercation -- is too high in my opinion to balance the personal satisfaction of shooting a handgun. Thus, I (and my spouse) refuse to own one, and there is a part of me that does hope that we eventually ban handguns.
06:51 PM on 07/23/2012
Not true "handguns are solely used against fellow human beings"...handguns are used in precision target shooting...it's a sport. Like archery. Just sayin'...
07:27 PM on 07/23/2012
Using your "cost" analysis... we should also ban alcohol, cars and fast food...

-

For the record, hunting with handguns used to be perfectly legal in Canada... until some politicians decided to "ban" it... without providing any reason.

For the record again, handguns are already banned in Canada. It's been that way since the 1930's.

Owning a handgun is illegal and will get you a criminal record... UNLESS, you have been granted an exemption by the RCMP... I fail to see how making them doubly illegal will change anything...
05:58 PM on 07/24/2012
Hmmm. I wasn't aware that technically owning a handgun was illegal and that it required be an exception to own one. Thank you for clarifying that point.

"Using your "cost" analysis... we should also ban alcohol, cars and fast food..."

Let me exclude fast food from my argument because, well, it's evil. :) (And saying that, please note I *still* eat some of it from time to time!)

You are right that cars and alcohol have the same potential costs as guns, but the cost of owning one is not -- In My Opinion -- enough to counter the possible pleasure of shooting a target. This is *my* opinion and one that I will defend. I have reservations with guns and am happy that there are limitations and restrictions to owning one. But I also understand that there are responsible gun owners out there and so the reason why I said that there is a *part* of me that would still prefer handguns to be banned. We have bigger fish to fry, however, and if I had the power to change this country, it wouldn't be with the current handgun regulation.
10:26 AM on 07/23/2012
As a man currently studying for my CFSC and CRFSC BECAUSE of the large number of illegal weapons on the street, I completely disagree. It is already illegal for these idiots to own guns and any further laws will not do a thing to change their attitudes and reckless behaviours. I want to be able to protect my family from armed idiots entering my home. As the NRA has already clearly stated, "when guns are illegal only the criminals will have guns". Reid..when the stuff hits the fan..I really don't think I can count on you and any other lawyer to help me..but thanks all the same. You take care of your ho,me and I'll take care of mine..OK??