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New Research 'Shoots Down' Concealed-Carry Claims
11/1/2002
Feature Story
by Dick Dahl
Whenever concealed-carry permit holders go awry, as Robert S. Flores did Oct. 28 when he carried five handguns and 200 rounds of ammunition into a University of Arizona nursing school and killed three teachers and himself, the gun lobby and its supporters call it an aberration. While the incident in Tucson was unfortunate, they say, it must be measured against what they claim is concealed-carry laws' greater good: They deter crime.
While concealed-carry laws differ somewhat from state to state, they typically grant adults without records of serious crime or mental illness the right to carry concealed handguns without having to demonstrate need. For years, the National Rifle Association and pro-gunners in general have pointed to statistics showing overall drops in violent crime in the states, now numbering more than 30, that have passed these laws. Their conclusion is that crime declines because criminals fear the greater likelihood that they will encounter someone with a gun. There's only one problem with this assertion, however, according to new evidence: It's false.
Two law professors, John J. Donohue III of Stanford Law School and Ian Ayres of Yale Law School, have completed exhaustive research that contradicts the findings of economist John R. Lott, Jr., whose book, "More Guns, Less Crime," has become a pro-gunner bible. Among other claims in that book, Lott wrote that if concealed-carry laws had existed in every state in 1992, they would have prevented about 1,500 murders and 4,000 rapes.
Lott's research and his conclusions have been extensively criticized by economists and others who have found fault with its methodology. In addition, the claims about the deterrent value of concealed handguns have not held up well when examined through the lens of the annual FBI Uniform Crime Reports. In 1999, for instance, the Brady Center to Prevent Gun Violence looked at the FBI numbers and found that while crime declined by 6 percent from 1997 to 1998 in the 29 states that then had concealed-carry laws, crime dropped by 7 percent in the states that did not have them. While a detailed analysis of how this year's report (which was released on Oct. 28) breaks down on the concealed-carry issue has not yet been performed, a cursory look at regional crime differences wouldn't seem to support the claim that concealed-carry laws deter crime. While crime rose 2.1 percent nationwide, the Northeast (which has, in its more populous states, some of the nation's strongest gun laws) experienced a 1.9 percent decline.
But as criminologists have long pointed out, the reasons crime increases or decreases are always complex and difficult to explain. Many theories have been offered about why crime generally dropped throughout the 1990s--a decline in the crime-prone demographic groups, the shrinkage of the crack-cocaine market, a strong economy, better policing, etc.--but nobody has the definitive answer.
The NRA and its supporters, however, claim to know why. They say that the reason crime went down in the 1990s was because more Americans were arming themselves. In defending this theory, they rely heavily on Lott. But now, if Donohue and Ayres' research passes critical muster, an important argument used by the gun lobby to fight stronger gun laws lies in jeopardy.
"While there might have been some superficial statistical evidence that supported Lott when he did his initial work, now that we've got the experience of the `90s behind us, we see that we'd gotten these huge drops in crime everywhere--much bigger in the states that did not adopt these laws," Donohue told Join Together Online. He said that supporters of concealed-carry laws "are not enthusiastic about noting that crime fell more in the states that didn't adopt these laws. So they just look at the states that passed them and say, `Look at how crime fell.'"
Donohue and Ayres' findings are contained in a lengthy article, "Shooting Down the More Guns, Less Crime Hypothesis," currently under review for publication in the Stanford Law Review. But a shorter article based on the research and written by Donohue will be available soon as a chapter in a book, "Evaluating Gun Policy," to be published in early December by the Brookings Institution Press.
Lott and fellow economist David Mustard completed their initial research on concealed-carry laws in 1997. It examined the 10 states that passed these laws between 1987 and 1992 and was the first time a broad attempt to measure the laws' impacts had been undertaken. The first of those states was Florida in 1987, and the fact that crime dropped significantly following the law's passage attracted much attention---and many followers. Many critics have suggested that the big initial drop in Florida and other states is just as likely explained by a raft of "get tough on crime" laws in concert with concealed carry. But Lott and Mustard were convinced it was the guns. Their conclusion was evident in the title Lott chose for his 1998 book: "More Guns, Less Crime."
Donohue says he never believed that Lott's and Mustard's conclusion was correct. So he and Ayres embarked on their project to reanalyze the Lott-Mustard data and bring it forward through most of the 1990s. While he credits Lott and Mustard for demonstrating that concealed-carry laws "have not led to the massive bloodbath" that early critics had feared, he now says that their more important conclusion---that guns deter crime---is totally erroneous. In fact, Donohue indicates, there is stronger evidence that concealed-carry laws increase crime---property crime, in particular---than deter it. He says the composite crime drop in concealed-carry states is strongly affected by huge drops recorded by some of the early states to pass the laws.
One of the other problems with the Lott-Mustard conclusion, according to Donohue, is that it didn't take into consideration the crime impact of the crack-cocaine market, which emerged in the mid- to late 1980s, withered away in the early 1990s, and was more prevalent in non-carry states. "Basically, I think, crack ran up crime in a big way in the (non-carry) states when he did his analysis and made it look like that meant that crime was restrained in the (concealed carry) states. But then in the `90s, things flipped around when crime dropped from the previous run-up, and it dropped a lot faster in the (non-carry) states."
Some of the findings in the Donohue/Ayres study are especially striking. The biggest decrease in the murder rate, for instance, occurred in non-carry states. And while one would assume that robbery rates would be most affected by concealed-carry laws if guns really did have a deterrent effect, Donohue and Ayres found that the biggest decline in robberies also occurred in the non-carry states.
Their larger article in the Stanford Law Review is scheduled for the December issue, the same month when the smaller one written by Donohue for the Brookings Institution book will appear. Donohue says he knows he's striking at a basic article of faith of a notoriously powerful special interest. But he says he's confident that the research is solid. "I feel like this paper will be the final word at least until many more years of data come in," he said. "It buries the `more guns, less crime' hypothesis. I never believed John Lott, and now I don't think anyone else will."
The Donohue article, meanwhile, isn't the only one to address the issue of guns and self-defense in the Brookings book. Another, co-authored by the two co-editors, Duke University professor Philip Cook and Georgetown University associate professor Jens Ludwig, examines the value of guns as burglary deterrent. Their findings are at least as surprising as those of Donohue and Ayres. Examining data from the National Crime Victimization Survey and the FBI's Uniform Crime Reports, Cook and Ludwig found that gun ownership actually increases the likelihood that a home will be burglarized. A 10-percent increase in a county's gun-ownership rate results in a 3- to 7-percent increase in the likelihood that a home in that county will be burglarized, the authors found.
"One possible reason why the risk of burglary increases with gun prevalence is that guns are valuable loot," they wrote. "Providing some support for this theory is the fact that in 14 percent of the burglaries ... in which a gun was stolen, it was the only item stolen."
At a time when Americans once again seem to be turning their attention to the ongoing problem of gun violence in the U.S., the opportunities for re-examination of the nation's gun laws being provided by these research efforts are well-timed.