Doctors, Guns, And Staying In Your Lane

 

The National Rifle Association (NRA) is never one to back down from a fight, even during emotional times following mass shootings. Last week, however, they clearly stumbled, in response to a recently published paper recommending numerous gun regulations.

The article, published in the Annals of Internal Medicine, was ostensibly a position paper for the American College of Physicians (ACP). The authors certainly do make numerous recommendations…some scientific and evidence based, while others were not. Among the various recommendations they make is banning all semiautomatic weapons, waiting periods for gun purchases, banning of bump stocks, and other restrictions.

The NRA responded in their online blog, with a piece titled “Surprise: Physician Group Rehashes Same Tired Gun Control Policies”. They continue:

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms.

The most prominent of these articles is a position paper written by the American College of Physicians (ACP) that expands upon their 2014 paper and reflects every anti-gunner’s public policy wish list, save for the outsized role given to doctors. The ACP’s policy recommendations include a ban on semiautomatic firearms and “high” (read: standard) capacity magazines, licensing and permitting requirements, improved reporting to NICS, restrictions on concealed carry, and so on. None of the ACP’s policy recommendations focus on law enforcement or the importance of identifying, prosecuting, and incarcerating criminals. As Philip J. Cook notes in his commentary, “It is unfortunate that the public health community has not recognized the importance of policing gun violence as a key aspect of prevention.”

As a public relations problem, the NRA statement was a misstep and overly broad.  The NRA was trying to make the point that there are many aspects to the gun violence debate, and physicians alone aren’t the only experts whose opinions were valid. However, their above message and their later tweets telling doctors to ‘stay in their lane’ was clearly arrogant, dismissive, and provided their opponents with an easy target for their social media response.

Calling their above statement a poor choice of words is an understatement. Physicians certainly have a right to voice their concerns regarding gun violence. With over 14,000 gun homicides, as well as almost 23,000 gun suicides (as of 2016), this is an issue which certainly impacts the medical profession in many ways, and they have as much right as anyone to voice their positions. The NRA would be well served to voice that stipulation in the future. I and many others, even those that are sympathetic to gun owners’ rights, were heavily critical of the NRA’s messaging in this regard.

Where the NRA and the ACP both miss the boat is on focusing on evidence-based decisions, instead of partisan bickering. In response to the ill-conceived NRA response, thousands of doctors have joined social media using the hashtag #ThisIsOurLane. Numerous articles in papers and online sites including the Washington Post and Vox have been written over the issue. It has been an effective campaign in messaging and rhetoric and definitely has had an emotional impact for gun control advocates.

The problem, however, is that both sides are largely missing the larger debate on guns. As usual, we revert to our respective partisan bases, and we ignore the evidence-based arguments we should be having, instead of reciting the same old tired responses that never progress anywhere.

For example, many of the recommendations made in the ACP article are already law. Even worse, literally no one opposes some of these recommendations, even including the NRA. For example, reporting of criminals to the database:

Sales of firearms should be subject to satisfactory completion of a criminal background check and proof of satisfactory completion of an appropriate educational program on firearms safety. The American College of Physicians supports a universal background check system to keep guns out of the hands of felons, persons with mental illnesses that put them at a greater risk of inflicting harm to themselves or others, persons with substance use disorders, domestic violence offenders, and others who already are prohibited from owning guns. 

 ACP supports strengthening and enforcing state and federal laws to prohibit convicted domestic violence offenders from purchasing or possessing firearms. 

Much of this is already in fact the law of the land. This has been true for some time, and even more important, these are issues on which there is virtually no dispute, even from most gun rights advocacy groups.

One area where I feel the ACP and other physician groups have let the country down is on the issue of how mental illness relates to gun rights. If physicians are an expert on any part of the gun regulation debate, it should be their knowledge of how mental illness is involved with this epidemic.  This is clearly a sensitive topic, however. How does one determine if an American, who has not committed a crime as of yet, lose their constitutionally granted individual rights? What process do we, as a country that believes in due process, use for such a practice? And how can we possibly restrict these constitutional rights, while still allowing mentally ill patients to feel comfortable with coming forward with their problems, so their illnesses can be treated?

The ACP appears to come close to recommending harsher restrictions on people with mental illness, but then provides a caveat that undermines the entire discussion:

The College cautions against broadly including those with mental illness in a category of dangerous individuals…

This is problematic, in my humble opinion. There is actually more evidence that strict guidelines on restricting rights for the mentally ill would decrease homicides than most of the other ACP recommendations. So why draw the line here? Of course, as I have stated above, I fully understand there are issues with protecting individuals with mental illness. Any restriction of rights for the mentally ill is fraught with legal and moral dilemmas.

But the ACP is perfectly willing to use recommendations with far weaker data and evidence (for example, with restricting the spread of concealed carry laws, which the authors themselves admit in their piece that they lack strong evidence for) and then are willing to use that weaker evidence to restrict the rights of a far greater number of law-abiding citizens. So why not restrict the rights of law-abiding citizens with mental illness? The ACP clearly isn’t basing all their recommendations purely on evidence; and that is where their expertise crosses the line into pure partisanship.

Here is maybe my biggest problem with the entire ACP piece, and the most salient example of where their expertise fails them entirely:

The College favors enactment of legislation to ban the manufacture, sale, transfer, and subsequent ownership for civilian use of semiautomatic firearms that are designed to increase their rapid killing capacity (often called “assault weapons”) and large-capacity magazines, and retaining the current ban on automatic weapons for civilian use.

Let us note, this statement largely implies that the authors of this article really don’t have an understanding of guns at all. Do they realize the vast majority of handguns sold in the US today…are semiautomatic?

In short, the authors are suggesting banning the most commonly purchased type of weapon for self-defense in the country. Furthermore, this is an area on which the Supreme Court has already spoken. Both District of Columbia v. Heller, and later affirmed in McDonald v. Chicago, that individuals have a right to a handgun as a protected individual right under the Second Amendment. Are the authors suggesting the ACP now opposes the Second Amendment? If you take them verbatim, that is exactly what they are proposing, for all practical purposes.

The ACP does try to provide a caveat to this:

“The College acknowledges that any such regulations must be consistent with the Supreme Court ruling establishing that individual ownership of firearms is a constitutional right under the Second Amendment of the Bill of Rights,” the paper said.

However, their other recommendations make it clear they haven’t really taken the time to consider these legal precedents when making many of their recommendations. Thus, the authors should readily admit that their own expertise in these matters is limited.  And there is nothing wrong with that. A humble approach to this contentious debate is likely to make others more receptive to their arguments, instead of the arrogance displayed by both sides here.

As a physician myself, I can say I have gone through this evolution personally. It takes years of reading, talking to gun owners, and talking to policy experts to really understand how complicated and difficult the gun issue is in America.  I have never owned a gun and only fired one once, while hunting. However, a decade ago, as the gun control issue became a health policy issue, I forced myself to learn far more about guns than I ever wanted to. After the Sandy Hook massacre, I tried to take it upon myself to find approaches of how real life proposals, following the Constitution, could be enacted to actually decrease the chances of such tragedies from recurring. And since that time, although the debate has become more heated, the solutions have become more scarce.

In an emotional piece, Dr. Judy Melinek in Vox pleas for her case:

As scientists and caregivers, we doctors are in a unique position to understand the scale of human suffering caused by guns. We are driven both by data and by an intense feeling of personal responsibility toward those in our care. Gun deaths get the most media attention following a mass-fatality incident, such as in Parkland, Las Vegas, Pittsburgh, or Thousand Oaks. The daily carnage we witness in hospitals and morgues is often overlooked, but it happens everywhere, to every group of Americans, and leaves our patients and their families with an accumulation of broken bodies, coffins, and grief.

I respect Dr. Melinek’s opinion and many thousands of other physicians that feel the same. And I fully admit that we need to think long and hard about gun policy in this country. But I also believe that many of these physicians are not experts in all fields related to this issue, and are certainly are no more gun experts nor experts on Constitutional law than I am. And just as we, as physicians, should be respected for our medical expertise, we physicians should be humble and admit we must sometimes defer to others in these other fields in which we may be well read, but are not truly are experts.

I think many doctors do understand that only with an honest, fruitful debate with legal experts and gun advocates can we really make progress on this issue. Dr. Heather Sher, a fellow radiologist who treated victims of the Parkland, Fl shooting earlier this year, wrote a public letter in which she pleaded with the NRA to come together with physician groups in order to have a more productive discussion on how we can reduce gun violence, while still protecting individual rights on guns. The letter has gained tens of thousands of signatories in the interim.  Others, like Dr. Richard Sidwell, a trauma surgeon in Des Moines, IA, tried to explain to critics how his roles as NRA member and trauma surgeon “are NOT mutually exclusive.”  This did not go over well in the era of the Twitter social media mob, however. But again, both of these physicians, in different ways, were trying to bring people of all facets of medicine and the gun debate together in hopes of reaching some common ground. To me, this was a far more intellectual way to proceed on this than writing dismissive blog posts and snarky tweets that help literally no one.

So doctors are a valuable voice, and their expertise matters. Their expertise on how gun violence is harming the American public is incontrovertible, and their interest in finding ways to reduce such violence is an essential component of the debate. However, just like any experts, their expertise goes only so far and is limited in scope, knowledge, and experience. They cannot be relied upon for detailed debates on which guns are legal, illegal, dangerous or not. That is not their bailiwick. And just as the NRA would be well served to defer on medical issues to physicians, physicians would be well served to defer on the specifics of guns to gun experts, unless they are willing to become experts in all of those fields as well.

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  1. Skyler Coolidge
    Skyler
    @Skyler

    Ontheleftcoast (View Comment):
    It was not meant to protect a right of state governments to control their militias; that right had already been relinquished to the federal government.

    No it wasn’t.  Only when released by the governors were they under federal control.

    • #31
  2. Mark Camp Member
    Mark Camp
    @MarkCamp

    Joshua Bissey (View Comment):
    Even if a “well-regulated militia” was referring to government rules, it’s the militia that is to be “regulated,” not the arms. The implication, of course, is that you won’t have a well-regulated militia, if you infringe on the right to own and carry weapons. Sadly, too many flip the meaning around, and claim the amendment calls for the arms to be regulated, in the current sense of that word.

    Joshua, sorry but I think you are completely misunderstanding what I wrote, and your response is irrelevant to the point I was making.  We appear to have a bad connection, so let’s hang up and talk some other time.

    Sound like a plan?

    • #32
  3. Ontheleftcoast Inactive
    Ontheleftcoast
    @Ontheleftcoast

    Mark Camp (View Comment):
    Joshua, sorry but I think you are completely misunderstanding what I wrote, and your response is irrelevant to the point I was making.

    It sounds like you are conflating the organized (National Guard) and unorganized militias. @thesockmonkey‘s comment makes sense in reference to the latter.

    • #33
  4. Mark Camp Member
    Mark Camp
    @MarkCamp

    Ontheleftcoast (View Comment):
    It sounds like you are conflating the organized (National Guard) and unorganized militias

    @ontheleftcoast,

    Could you be specific?  I don’t where in my Comment where I conflated these two.

    Thanks,

    • #34
  5. Ontheleftcoast Inactive
    Ontheleftcoast
    @Ontheleftcoast

    Mark Camp (View Comment):

    Ontheleftcoast (View Comment):
    It sounds like you are conflating the organized (National Guard) and unorganized militias

    @ontheleftcoast,

    Could you be specific? I don’t where in my Comment where I conflated these two.

    Thanks,

    You referred to the National Guard as the militia. I think in the Founders’ days that would have been thought of as the organized state militia (within which the Minutemen were an elite rapid response force;) that, and possibly local organized militias was drawn from the totality of armed men of military age, the unorganized militia. How organized and universal the organized militia was seems to have varied from colony to colony.

     

    Your dismissal of his point is arguably applicable to the organized militia, but @thesockmonkey‘s point about not having a militia without an armed citizenry seems to apply well to the unorganized militia. You did not address that, instead either ignoring the unorganized militia altogether or conflating organized and unorganized in your response.

    It’s true that National Guard units have armories today and all weapons and equipment are stored with the unit in its armory or otherwise held outside the individual Guardsman’s control , but that isn’t necessarily how thing were in early America, particularly with small arms. Probably not just small arms. If memory serves, I think that there were wealthy men who had their own cannons. Since it wasn’t forbidden and human nature hasn’t changed much that’s probably true.

    • #35
  6. Joshua Bissey Inactive
    Joshua Bissey
    @TheSockMonkey

    Mark Camp (View Comment):

    Joshua Bissey (View Comment):
    Even if a “well-regulated militia” was referring to government rules, it’s the militia that is to be “regulated,” not the arms. The implication, of course, is that you won’t have a well-regulated militia, if you infringe on the right to own and carry weapons. Sadly, too many flip the meaning around, and claim the amendment calls for the arms to be regulated, in the current sense of that word.

    Joshua, sorry but I think you are completely misunderstanding what I wrote, and your response is irrelevant to the point I was making. We appear to have a bad connection, so let’s hang up and talk some other time.

    Sound like a plan?

    I think I understood you correctly. I wasn’t disagreeing with you.

    I was saying that, however the Left may choose to define “well-regulated,” it still wouldn’t mean that the second amendment supports gun control. According to the wording of the amendment, it’s the militia that gets regulated; not the weapons. Also, the amendment says that we must respect the right to keep and bear, if we want a well-regulated militia. A lot of people try to flip the amendment around, and stand it on its head, though.

    • #36
  7. Mark Camp Member
    Mark Camp
    @MarkCamp

    Ontheleftcoast (View Comment):
    You referred to the National Guard as the militia.

    Thanks for the reply, @ontheleftcoast.  I think you and I have the same bad communications link, making everything I write below tendentious blabber.  But tendentiously blabber I shall, heedless of the danger…;-)

    I can’t find where I referred to the National Guard as “the” militia.  If you inferred it from something I did write, then you misunderstood that sentence; perhaps I wrote poorly.

    Ontheleftcoast (View Comment):
    Your dismissal of his point is arguably applicable to the organized militia, but @thesockmonkey‘s point about not having a militia without an armed citizenry seems to apply well to the unorganized militia.

    Please don’t hear what I’m not saying.  I didn’t dismiss any point of @thesockmonkey.  I merely wrote that he misunderstood my own point, and didn’t respond to it.

    Ontheleftcoast (View Comment):
    “You did not address that, instead either ignoring the unorganized militia altogether…”

    You are right that I didn’t mention unregulated militias.  My Comment did imply that an unregulated militia that bears automatic weapons and other types currently forbidden by Federal statute to ordinary citizens (not in the Guard) would be of little use for the purpose under discussion: deterring or defeating a tyrannical Government.  Of course, that doesn’t mean that the Government is allowed by the Constitution to ban automatic weapons.  I didn’t take a position either way on that. It’s irrelevant to my point.

    Ontheleftcoast (View Comment):
    “…or conflating organized and unorganized in your response.”

    Be assured that I don’t conflate militias that are well-regulated with militias that are not well-regulated.  The two categories are mutually exclusive.  If the author of Article 6 of the Articles of Confederation, or of the Second Amendment, had conflated them, neither would have  written “well-regulated”–it would have been a superfluous distinction. Whichever sentence it was that led you to think I might not understand the difference between “regulated” and “not regulated”, I should maybe re-write.

    • #37
  8. Ontheleftcoast Inactive
    Ontheleftcoast
    @Ontheleftcoast

    Mark Camp (View Comment):

    Thanks for the reply, @ontheleftcoast. I think you and I have the same bad communications link, making everything I write below tendentious blabber. But tendentiously blabber I shall, heedless of the danger…;-)

    I can’t find where I referred to the National Guard as “the” militia. If you inferred it from something I did write, then you misunderstood that sentence; perhaps I wrote poorly.

    You’re right, you didn’t say the; I wrongly inferred it from this, which I misread as implying exclusivity:

    The states have already got militias (the Guard) which are well-regulated, combat-hardened, and well-armed enough to put up a nasty fight against the US Government’s troops. 

    There is something in between, too: armed citizens who train in small unit and guerilla tactics. I am certain that they are there on both left and right, and also that larger long established violent criminal gangs operating in the US have their own versions both inside US borders and in Mexico. Not to mention religious sects such as Jamaat al-Fuqra and the like, or IRG and Hezbollah, or….

    • #38
  9. TBA Coolidge
    TBA
    @RobtGilsdorf

    Ontheleftcoast (View Comment):

    Mark Camp (View Comment):

    Thanks for the reply, @ontheleftcoast. I think you and I have the same bad communications link, making everything I write below tendentious blabber. But tendentiously blabber I shall, heedless of the danger…;-)

    I can’t find where I referred to the National Guard as “the” militia. If you inferred it from something I did write, then you misunderstood that sentence; perhaps I wrote poorly.

    You’re right, you didn’t say the; I wrongly inferred it from this, which I misread as implying exclusivity:

    The states have already got militias (the Guard) which are well-regulated, combat-hardened, and well-armed enough to put up a nasty fight against the US Government’s troops.

    There is something in between, too: armed citizens who train in small unit and guerilla tactics. I am certain that they are there on both left and right, and also that larger long established violent criminal gangs operating in the US have their own versions both inside US borders and in Mexico. Not to mention religious sects such as Jamaat al-Fuqra and the like, or IRG and Hezbollah, or….

    One might consider that former soldiers are also technically militia until such time as they are recalled. 

    • #39
  10. Joshua Bissey Inactive
    Joshua Bissey
    @TheSockMonkey

    I guess now we will know exactly what to say when Doc starts asking about our guns. “Stay in your lane, Sawbones.”

    “Goodbye” works too, of course.

    • #40
  11. Mark Camp Member
    Mark Camp
    @MarkCamp

    Ontheleftcoast (View Comment):
    There is something in between, too: armed citizens who train in small unit and guerilla tactics.

    True.  I thought about bringing that up.  It doesn’t take a tank to kill a tank, nor a 50 cal to disable a 50 cal. 

    But the comment I was responding to simply said this, in effect:

    If one purpose of law is to ensure that one group (the people) will win any hypothetical conflict with a second group (a despotic government), then it is not logical to pass laws to ensure that the first group’s forces are weaker than the second group’s.

    Gun laws that restrict one side or the other only make sense if they make the US armed forces weaker, not stronger, than the militias.  Right?

    In my response, I was simply agreeing, and then saying that the next logical question, once we admit the above logic, is to recognize that simply allowing good military equipment is not enough to achieve the goal.  We need to ensure that our militias are not just well-armed enough, but well-regulated enough in the original sense of the Articles of Confederation and the Constitution.  Not well-enough armed and regulated to win, just well-enough to make the political class think twice about starting a bloody campaign.

    • #41
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