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43 Ariz. L. Rev. 369 (2001)
Project Exile and the Allocation of Federal Law Enforcement Authority

handle is hein.journals/arz43 and id is 381 raw text is: PROJECT EXILE AND THE ALLOCATION OF
Daniel C. Richman*
With each report of violent crime statistics (whether rising or falling) or
of the latest firearms outrage, we hear the antiphony of the gun control debate.
Advocates of increased federal regulation decry the inadequacies of a regime that
permits relatively free access to firearms and argue that the availability of guns is
itself a spur to more deadly violence. Advocates of minimal regulation, for their
part, condemn measures that, they say, will primarily penalize law-abiding
citizens, and instead call for more vigorous enforcement of existing laws, targeting
criminals, not their weapons. When the antiphony intrudes on funerals, the
effect can be jarring. But these are time-honored themes, which can be heard as
loudly in the debate surrounding the Gun Control Act of 1968' as they can today.
These themes echoed (albeit in muted form) in the 2000 presidential and
congressional campaigns,2 in Attorney General John Ashcroft's confirmation
*     Professor, Fordham University School of Law. Thanks to Sara Sun Beale,
Jim Comey, Susan Ginsberg, Jerry Lynch, Bill Stuntz for their insightful comments. Also
thanks to Bernard Harcourt for organizing the 2001 conference on Guns, Crime, and
Punishment at the James E. Rogers College of Law, University of Arizona (Jan. 26-27,
1.    Pub. L. No. 90-618, 82 Stat. 1213 (1968).
2.    See Juliet Eiperin & Thomas B. Edsall, For Democrats, Gun Issue Is Losing
Its Fire, WASH. POsT, Oct. 20, 2000, at Al (Many House and Senate Democrats have
found that gun control is not resonating in many key contests like other issues, such as
prescription drugs.); see also James Dao, The 2000 Campaign: Endorsements; To Help
Bush, N.R.A. Withholds Backing, N.Y. TIMES, Sept. 12, 2000, at A23; Excerpts from
Platform Approved by Democratic National Convention, N.Y. TitMS, Aug. 16, 2000, at
A26; Excerpts From Platform Approved by Republican National Convention, N.Y. TIMES,
Aug. 1, 2000, at A16; Joan Lowy, Presidential Hopefuls Far Apart on Means to Curb Grn
Violence, STAR TRIB. (Minneapolis, Minn.), Apr. 16, 2000, at 12A; Megan Twohey, Bush
and Gore's Positions on Gun Control, 32 NAT'L J. 1036 (2000); Peter Wallsten, Gun Laus
Gain Prominence in Campaigns As Democrats Seek to Regain Control of Congress, CO*G.
Q. WEEKLY, Mar. 18,2000, at 1-3.

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