Sunday, May 03, 2009


Gun Control Without Gun Laws
...Political reality makes even a modest gun law a difficult legislative sell. But if the Obama administration really cares about limiting gun violence, it could pursue a different strategy, one that doesn't involve Congress and isn't likely to provoke a storm of opposition.

Modern government is not only a lawmaker. Indeed, the most effective executive powers may not derive from statutes at all. The government that President Obama oversees is also a gigantic, well-funded procurement agent. And it can—and should—use that power to change American gun policies. Specifically, the government buys lots of guns, for sheriffs, patrol officers, and detectives; for FBI agents, DEA agents, IRS agents, Postal Inspectors, immigration agents, and park rangers; and for soldiers, sailors, airmen, Marines, and spies. The government buys guns by the crate....

...In this era of government ownership of financial institutions, we are getting more used to the notion that government as an economic actor can exercise its power in differing ways. After all, firms that received TARP money are subject to a bevy of pay restrictions—wisely constructed or not—and were forced to cancel showy parties and retreats.

If we can use a capital infusion to a bank as an opportunity to control executive compensation and to limit use of private planes, why can't the government use its weight as the largest purchaser of guns from major manufacturers to reward companies that work to keep their products out of criminals' hands? Put another way, if it is too difficult to outlaw bad conduct through statutes, why not pay for good conduct? Why not require vendors to change their behavior if they want our tax dollars?

Just as we now "purchase" good corporate behavior in the financial industry, let it be so with guns. Governors and mayors and federal officials should buy guns from only manufacturers that control their product distribution, from manufacturers that cut off dealers whose guns end up disproportionately in the hands of criminals. In the New York attorney general's office nine years ago, we proposed several ways of constraining gun manufacturers within existing laws. These same proposals could be implemented now. ...