Rafael Mangual (Manhattan Institute; Criminal (In)Justice) joins Shabbos Kestenbaum to unpack the shootings in Bondi Beach and Brown University, as well as America’s gun debate. He explains how the U.S. violence problem is hyper-concentrated, the problem with gun bans, and how the best solutions are targeted policing, prosecution, and incapacitation. We cover Heller/McDonald/Bruen, background checks, “well-regulated” means in the 2nd Amendment, self-defense realities, and why homicide fell ~1990–2014 without new national gun control.
When you look at the Bondi Beach
massacre, how could this have happened
exactly?
>> I find it interesting that no one in the
wake of that mass shooting called for a
re-examination of the immigration rules.
>> Is America uniquely violent?
>> The kind of gun violence that actually
drives our homicide rate looks nothing
like what we saw on Bondi Beach or at
Brown. The gun violence problem is is
disproportionately impacting low-income
minority communities. The idea that we
can legislate our way out of these kinds
of atrocities is just kind of silly. And
this is really my biggest beef with the
gun control crowd.
And welcome back to the brief. We are
joined today by Raphael Mangual. He is a
senior fellow and head of research for
policing and public safety at the
Manhattan Institute for Policy Research
and a member of the Council on Criminal
Justice. He joins us here today.
Raphael, thank you so much for joining
us.
>> Thank you for having me. Real problem.
So the the impetus for this conversation
is of course the horrific Bondi Beach
massacre as well as the attempted mass
shooting at Brown University. Before we
get into the specifics though I I do
want to ask a question kind of as what
we say in Hebrew big adul broadly
speaking just for a moment. I have been
redpilling for the last few years but
one of my political impasses um as it
pertains to the conservative movement is
that of gun control, gun culture and gun
legislation broadly speaking. So, I just
want to ask you, the argument on the
right has typically been that the only
way to stop a bad guy with a gun is a
good guy with a gun. And more than that,
guns actually make people safer. So, I'm
just curious, and I do want to be
convinced, I really do, if that is true,
that guns objectively make people more
safe. If you look at the United States,
we have 450 million registered firearms
in our country, a country of 330 million
Americans. We have more guns than
people. Well, shouldn't America be the
safest country in the world? But it sort
of seems like we're actually leading the
world in mass shootings, particularly
school shootings. So, what am I missing
here? Can you sort of extrapolate this
data and tell me why it is that guns
actually can make people safe?
>> Yeah, I mean, one of the things uh that
you're missing there is just on the
numbers themselves, right? I mean, let's
zoom out for a minute. You talked about,
you know, somewhere around 450 million
firearms in the US. That number sounds
accurate to me, but that number has
grown substantially in the last 20 to 30
years. Um, and what hasn't grown
substantially in the last 20 to 30 years
has been our homicide rate, which has
actually shrunk a a great deal in that
time period. So, if you look at 1990 to
2014, for example, we had about a 50%
reduction in the homicide rate in this
country. That was a period in time in
which we saw somewhere in the range of
200 million guns enter circulation um in
private circulation. In the United
States over that period, we saw a
massive liberalization of gun rights in
this country. In 2008, you had DC versus
Heler decided by the Supreme Court,
which recognized an individual right uh
to keep and bear arms at least in the
home. In 2010, that right was extended
um to the states uh beyond just the
federal government uh in a case called
McDonald versus City of Chicago. And
then of course in Breuan, that right was
recognized to extend outside the home.
But even before those Supreme Court
cases came down, you had state after
state liberalizing their gun rights,
expanding, you know, the scope of things
like concealed carry laws, eliminating
license requirements altogether. I think
we have more than two dozen states now
that are are some version of
constitutional carry states. Uh, and
what you find is that gun violence
varies quite a bit between and among
those jurisdictions. And that's really
the point that that kind of turned me on
this issue because I will say when I was
a teenager I was very skeptical of this
idea that you know having a ton of guns
around was just you know was an
unalloyed good unto itself. Um but what
really kind of brought me around on the
gun issue are the realities of gun
violence. Now, you mentioned two really
horrific uh uh cases, and we tend to
center our debates about this topic
around these kind of sensational
instances, but the reality of gun
violence on a day-to-day basis in
America. You know, the kind of gun
violence that actually drives our
homicide rate and our shooting rates
looks nothing like what we saw on Bondi
Beach or at Brown. Um the vast majority
of it is what researchers call community
violence. These are, you know, violent
uh interactions between individuals,
usually known to each other, um that
take place on the streets of our our
urban enclaves. And that violence
problem is hyper hyper concentrated. And
when I say hyper concentrated, I mean
like you wouldn't believe it if I told
you. I mean, you know, for for example,
every year in this country, somewhere
around 2% of all of the counties in
America, and there are about 3,000
counties, account for well over half of
all of the homicides in this country.
And more than half of the counties
usually don't see a single homicide uh
in a given year in this country. And
within those counties, gun violence is
incredibly hyperconentrated at the micro
geographic level. So that in a city like
New York for example, you can have a
situation in which you have 82,000
street segments, but only about 4% of
those street segments see about 50% of
all the violence. About 1% of the street
segments see about 25% of all the
violence. And so when I learned those
things um and then you know coupled that
with the demographic concentration right
when you see the reality that you know
the the gun violence problem is is
disproportionately impacting low-income
minority communities particularly
African-American males significantly
more than everyone else you start to ask
the questions well if guns are really
the driving force behind this why aren't
guns affecting all communities in the
same way especially the communities
where gun ownership is significantly
more prevalent
So that that's an interesting point then
and I think it'll be further uh
elucidated when we talk about Bondai
Beach. So 1996 you have the Port Arthur
mass shooting, the largest mass shooting
in Australian history. More than 35 uh
civilians are gunned down. Almost
immediately, Prime Minister John Howard
implements pretty strong and
comprehensive gun control. So things
like a national gun buyback program, the
criminalization of essentially uh all
assault or semi- assault weapons, the
criminalization of any type of
unregistered firearm. And I guess those
on the right will say, well, you have
very strict gun control. In fact, some
of the strictest gun control laws in the
world. So when you look at the Bondi
Beach massacre over Hanukkah, where more
than 15 Jews uh were killed, how could
this have happened exactly? Yeah. I
mean, well, the the way that it happened
is that they were able to legally
purchase firearms that fit within the
limitations of Australia's very strict
uh uh gun control laws. Um, and, you
know, use those for bad purposes. I
mean, it the idea that we can legislate
our way out of these kinds of
atrocities, I think, misunderstands the
role that motivation plays. When you
have people, particularly, you know,
Islamic religious fanatics who are
intent on on murdering as many people as
they can, the idea that they are not
going to be able to find workarounds to
whatever kind of laws you you can think
of is just is just kind of silly. The
other thing is here is that, you know,
look at the penalties, right? I mean,
what are the penalties for homicide?
They are the most harsh penalties that
our criminal justice system can muster
in a given jurisdiction. If someone who
is committed to mass murder, they are
already willing to risk those penalties.
So the idea that some lower level of of
of penalty that attaches to whatever,
you know, criminal uh uh uh sanction has
you have on uh on some kind of gun
restriction that that would deter
somebody, I think, you know, also uh uh
is is is misguided. Now, that that is
not to argue that we shouldn't have
these, you know, um lower level gun
restrictions in place at all. Um but we
should be clear about why we have them.
We have them to create the conditions to
allow us to identify who the risks to
our communities are so that we can
target those individuals for prosecution
before they actually do the thing um
that we all want to avoid them doing.
And this is really my biggest beef with
the gun control crowd. And you know, I I
hate to kind of make these things
partisan, but you know, we can't ignore
or shut our eyes to the reality that the
gun control debate is largely one that
is uh existing between left and right in
this country, right? So most of the gun
controls are being pushed from the left
onto the right. The reason I think
that's important is because there's a
ven diagram with a massive middle
section where you have people who are
progressive leftists who want more gun
controls and want to further restrict
gun rights, but who also
are big advocates for the kinds of
criminal justice reforms and policing
roll backs that we know make those uh uh
gun control legislation that make that
gun control legislation harder to
enforce and and you know give takes away
the teeth that it would otherwise have.
And that has always been kind of one of
my biggest beefs with the left on this
issue. And so, one of the first
questions that I tend to ask people,
particularly who are on the left when
they propose new gun control
legislation, is, well, what kind of
mandatory minimum sentencing scheme
would you be willing to attach to this
new rule that you want? And very rarely
do I ever get an answer because those
laws don't really mean anything in a
jurisdiction where you have bail reforms
that almost guarantee that somebody who
breaks these laws is going to end up on
the street pre-trial where you have
restrictions on proactive policing that
make it significantly more difficult for
police to actually discover these guns
which often get discovered through
low-level interactions like traffic
stops for example. Right? So, in New
York City, about 42% of all illegal gun
um arrests that were made in 2020 began
as a traffic stop. Why is that
important? Well, because New York City
just elected a mayor in Zoran Mandani,
who actually wants to take the NYPD out
of traffic enforcement altogether. And
yet, this is also someone who
immediately called for additional gun
control uh legislation in the wake of
the mass shooting that we had at 345
Park Avenue earlier this year. And so
you there is this this kind of
inongruity on the left where you have a
lot of support for these new kinds of
rules and laws but nowhere near enough
support for the kinds of uh policing and
criminal justice approaches that would
actually give those laws teeth and
effect. And so one of the first I think
the first time I ever uh got an op-ed
through the editorial board at the
Washington Post was actually in response
uh to Mayor Mike Bloomberg who I think
was running for president at the time.
Um because he was someone who had begun
this sort of apology tour for backing
the NYPD as it took a more aggressive
posture during his tenure as mayor uh
particularly with respect to stop and
frisk which was driven by a desire to
get more illegal guns off the street.
And yet his major campaign issue was gun
control. And I just wanted to point out
to the American public that hey, you
can't actually have it both ways, right?
If you want to get illegal guns off the
street, when you have to give police a
mandate to be aggressive and that
appetite just doesn't really exist on
the left anymore today.
>> There was a lot there to unpack. I think
a lot of interesting points as well. I
want to first follow up on the first
point you made um which is Islamic
fundamentalism. Are you implying or
otherwise suggesting that what would be
a far more effective uh political
response to the Bondi shooting would not
be more gun control in an otherwise
heavily gun-crolled country, but would
actually be something like mass
deportations of radical Islamists? Is
that something that you think would make
more of an impact on the lives of daily
Australians?
>> And if not mass deportations, at the
very least, a re-examination of the
kinds of immigration laws that allowed
individuals like this into the country.
Right. I think we have to be very uh
careful and circumspect about
allowing individuals into the country
who are not going to be able to to sort
of assimilate and who are going to be
hostile to the way of life in western
society. Um and I find it interesting
that no one in the wake of that mass
shooting, at least on the left, called
for a re-examination of the immigration
rules. Um, and and that is something
that I I I think would likely bear a lot
more fruit in terms of reducing this
this kind of violence.
>> So, let's go to the shooting then at
Brown University, which happened the
same week as the Bondi Beach massacre.
Rhode Island, again, like most uh blue
states on the East Coast, they have
strict gun control. So, are you saying
that there is no type of gun control
that would work and that's really not
defeating the problem? Like, what? No,
>> I apologize for the rudimentary uh um
narrative or the the elementary way I'm
asking the question, but how
specifically would you tackle this
problem?
>> Yeah, I mean it's it's certainly not the
case that no gun control would work,
right? I mean, there are gun laws if
they are enforced uh at the right moment
in time. There is certainly a case to be
made that that enforcement could uh
avoid um carnage in the future. The
question is is
do we have the capacity for that kind of
enforcement? Do we have the stomach for
that kind of enforcement, the political
will to engage in it? And is that the
most effective and efficient use of
limited criminal justice resources?
Right? Right. So, one of the things that
we know, for example, is that even
though we have uh background check
requirements for buying a firearm in a
in a gun store, in a federally licensed
firearm uh dealership,
what happens is that a lot of times
every year you have tens of thousands of
people who are not legally allowed to
buy a firearm, go in, try to purchase
one um and are either rejected um or in
some cases uh you know, there there's a
failure um in the system and they're
they're actually given a firearm, But
there are very very few prosecutions
um for those kinds of cases. So that you
know having that rule in place is it
beneficial? Yes, in so far as it can
lead to the kinds of rejections um you
know that that it obviously leads to. Um
how much of the carnage is that actually
stopping? I don't really know.
Especially when you consider the the
surveys, although, you know, some of
these are are more dated because we
don't really do them anymore of uh
prison inmates, you know, who committed
uh crimes with guns. If you ask them
where they got their guns, very few of
them, you know, got their guns through
paths that would have allowed these
restrictions to kind of do their job,
right? They're getting their guns on the
black market. They're getting them
through straw purchasers. Um, and so the
only way to avoid that is to kind of,
you know, impose really draconian gun
restrictions that would impact a much
broader part of the population than is
responsible for the kind of violence
that we're all concerned with avoiding.
And that's kind of one of my major
critiques of the gun control crowd,
which is that they are proposing
solutions that are both overly broad and
overly narrow at the same time. overly
broad in that the vast majority of the
American public, including the
gun-owning American public, and I'm one
of them, these are not criminal risks,
right? These are individuals who don't
pose a risk of future violence. And so
to impose on them um a a a
legislative scheme that would
criminalize otherwise lawful behavior,
um I think is overly broad. It's overly
narrow in so far as it views the main
avenue through which to attack the
problem of gun violence as being gun
control legislation on its own. Now
again, 1990 to 2014, this country was
able to half its homicide rate
essentially um over a single generation.
It didn't do that through gun control,
right? It did that through more
aggressive policing, through more uh um
through harsher criminal justice
sanctions, right? We saw massive
ballooning in the prison population, in
the jail population. We saw new
investments in policing, both in terms
of the size of police forces throughout
urban America, but also the shift from a
kind of reactive posture to a proactive
posture that allowed police officers to
identify who the repeat offenders were
within their jurisdictions and make
moves to get those individuals off the
street. And the arrests that they were
making, which were often not for
gun-related crimes, right? I mean, there
are a lot of them are for drug crimes or
for robberies or thefts, but when you
have somebody who is committing these
kinds of offenses on a regular basis,
those tend to be the people who are your
shooters of tomorrow. And so that is
actually, you know, taking a broader
approach, a more aggressive approach to
criminal justice is actually, I think, a
significantly more effective way to
achieve what I think the gun control
crowd wants to achieve, and that is a
reduction in gun violence. And that's
something that we've done. we've done
throughout this country. We've done in
cities throughout America. And we've
done it very, very, very efficiently,
much more efficiently than Australia
did, by the way. I mean, if you look at
New York City, right, in 1990, New York
City was seeing about 2,262
murders a year. They got that number
down to fewer than 300 by 2017.
That was not a gun control story, right?
That was a policing, a prosecution, an
incarceration story. These are the
conversations that I think we need to be
having. These are conversations I would
welcome the gun controllers on the left
to have with with those of us on the
right because I do think that we're both
after the same thing. You know, I think
you're you're pointing out a really
interesting hypocrisy of the political
left that I never really considered
before, which is if you truly believe in
gun control because you want to lower
the amount of homicides, for example,
then you would actually be empowering
local police precincts like the NYPD as
opposed to trying to, I don't know,
defund them and calling them anti-ra
anti-quer and racists and all that.
America, as it pertains to gun control,
has a a cultural paradigm whereby gun
ownership is a right. It's not a
privilege. Whereas in Australia it very
much is a privilege not a right and
that's uh certainly because of the
second amendment. The relevance of the
second amendment in the 21st century is
something that is always debated
particularly within the political left.
This is quite a rudimentary question but
do you see the second amendment or its
application in the 21st century as a net
positive for American society?
>> I do. I do. And a big part of that just
has to do with the reality of life in
America outside of big cities in
particular. I think a lot of people who
are having these debates are, you know,
sort of coastal elites coming from
America's largest cities with big
responsive police departments.
>> I feel attacked.
>> Well, no, I'm I'm born in I'm born and
raised in Brooklyn, New York. I live in
a suburb of New York City. Um, you know,
with with a very large police
department, uh, you know, that that I
can absolutely rely on for a relatively
quick response time. But in a lot of
this country, right, you know, you'll
you'll be lucky if there's a police
officer within 20 miles of you at any
given time. Um, and part of what's at
the root of America's sort of, you know,
culture is this self-reliance that it's
not just cultural, it's also built out
of necessity, right? Because in most of
this country, you do have to rely on
yourself. And the reality in America is
that you will sometimes as a citizen
find yourself in a situation in which
you have to defend yourself or your
family. And the ability to do that um
having the ability to do that is
paramount. And that's really what's
embedded in the Second Amendment as the
Supreme Court has recognized, right?
What's what's protected is not just a
right uh uh uh you know to have this
thing. It's it's a right to
self-defense. It's a recognition that
this thing is essential to the kind of
self-defense that we all find ourselves
um in need of at some point or another.
Now, that that need may not necessarily
rise to the level of deadly force and
and hopefully it never does, right?
That's that's pretty rare, but it still,
you know, happens in by some estimates,
you know, well over hundreds of
thousands of times a year.
Taking that ability away um from
Americans without any kind of guarantee
that you can um kind of backfill that
level of protection, which I don't think
that any government in this country can
guarantee, I think would be a net
negative. And so to that end, yes, I I
do think that having the Second
Amendment in place as it has been
interpreted and understood throughout
the 21st century is absolutely a net
positive. Um particularly for the people
who cannot rely on a quick response from
a large and capable police department,
which is most Americans. So earlier you
mentioned DC versus Heler and you're
right that the 2008 Supreme Court ruling
affirmed or reaffirmed the individual's
right to carry a firearm irrespective of
any affiliation with the militia. But it
also left up to Congress and
policymakers what well-regulated means.
So as it pertains to gun control
specifically, what do you think well
regulated could actually mean? Could
that mean something like universal
background checks? Could that mean
something like, I don't know, domestic
abuse registry? What does well
reggulated within the context of the
second amendment in the 21st century
actually mean?
>> Yeah. I I I don't think it means uh what
we think of as regulations today. I
think you know the the reference to a
well-regulated militia means like a
well-trained militia, a capable uh
militia, a a a an equipped militia. Um
you know, not one that is subject to,
you know, a number of rules and
regulations um you know, from from the
executive branch. Um that doesn't mean
that there is no room for regulation,
right? I think the Supreme Court has
recognized that there are um things that
both the federal and state governments
can do um you know to impose to some
degree or another on the right to keep
and bear arms. I don't think it's
unfettered. Think things like age
restrictions, for example, are very
likely to survive constitutional
scrutiny as well as background check
requirements. um you know whether those
background check requirements would
extend to you know uh uh um every sale I
think is is an open question you know uh
what constitutes a transfer right in in
in in some states like my state of New
York right I if I'm at the range um you
know shooting and you know the guy in
the stall next to me you know has a a
fancy new gun that I'd love to try and
fire if he were to hand it to me um and
let me you know pop off a few rounds
that would constitute a felony. Um, you
know, is that the kind of thing that
that we we should want to criminalize? I
I don't think so. Um, you know, but but
yeah, I I do think that there is some
room for some regulation. Um, but but I
don't think it's as that the scope is as
large as as the left implies that it is
or should be. Um, and I don't think that
we should want it to be either. Again,
you know, this right was embedded in the
Bill of Rights for a reason. And it was
a recognition that we are going to have
to defend ourselves whether at the
individual level or at the community
level from some kind of threat at some
point. Having that capability is
important. It is a deterrent. It is a
core part of what this country's
personality is. Um that does come with
downsides. We should recognize that. Um
but like all liberties right we have
made a conscious choice to accept those
risks based on the benefits that that
come with having that right in place and
you can say the same thing about speech
for example right I mean there is lots
of violence that that comes about as a
result of individuals exercising their
right to speak freely um and I'm sure
that we could avoid a significant amount
of that angst as the United Kingdom is
actively trying to do you know by
limiting the ability of its citizens uh
uh to speak, but I don't think that's an
America anyone wants to live in. And I
would extend that same logic uh and
reasoning to the existence of the Second
Amendment today.
>> Leaving aside guns for a moment, and I
think I I think your articulation of the
hyperloized problem of criminality and
violence is really fascinating, but is
America uniquely violent? Why is America
experiencing this level of gun violence,
of homicide in a way that very few other
countries are? particularly in response
or in connection with with school
shootings. What is it then? Why are we
facing these problems?
>> Yeah. I mean, I think well, with respect
to school shootings, I think it's
largely a copycat phenomenon. Um, you
know, and it's it's it's a, you know,
it's a it's sort of a psychological
phenomenon more than anything else. Um,
still I think we have to, you know,
retain our perspective with respect to
how common those kinds of events
actually are in a country of 300, you
know, 40 50 million people. um they are
still extremely extremely rare
statistically very very remote uh uh
events. When we talk about gun violence,
even when we talk about mass shootings,
what we're really talking about um are
the kinds of, you know, often gang
related inner city urban violence
incidents that, you know, drive the
nation's homicide rate and have been
driving it for, you know, the last
hundred years. And doing something about
that is a a I think requires a much
different approach than the gun
controlcentric approach that the left
has has wanted to take. And I think the
reason for that is is exactly as I said,
it's it's a problem that is very
hyperconentrated both geographically and
demographically, right? I mean, if you
look at, you know, the firearm homicide
rate um of young black men in this
country, it's, you know, an order of
magnitude higher than the firearm
homicide rate, you know, for young white
men or for young white women for that
matter or for Hispanic men and women.
Um, it is a significant outlier. So, you
know, that's part of what makes the
United States an outlier on the gun
violence question. It's it's, you know,
it's not that the whole of our people
are extremely violent. It's that we are
home to a lot more small pockets of
concentrated urban violence than exist
in other parts of the world. Um, and and
that's something that is a problem to be
dealt with. Um, and I think that we have
a pretty good idea of how to deal with
that problem in so far as we came as
close to solving it as, you know, we've
ever come in, you know, the late 90s and
early as the question is is whether we
have the political will to retain that
kind of aggressive posture that brought
about those benefits. And I think what
the 2015 to 2021 period showed us was
that that political will is very
fragile. Um, and when you have, you
know, some of these other statistically
rare incidents like, you know, what what
happened to George Floyd or Freddy Gray
or, you know, Eric Garner or, you know,
Laquan McDonald, um, you know, the you
can spit off the names for for a while,
but, you know, again, these are
statistically very very rare kinds of
occurrences, but when you have those
gain as much national traction as they
gained, and you have that national
traction result and translate into
significant policy changes that
undermine the systems ability to keep us
safe. I think that is the significantly
bigger problem that I very much wish the
gun control left would concern itself
with more.
>> So, really last question, then I promise
I I will shut up. It's
>> okay.
>> If if you had one hour uh if you had one
hour with a liberal who was genuinely
open-minded but gun skeptical, what
would you want that liberal to walk away
with understanding as it pertains to
your position on guns, gun control, gun
culture? that guns are not the getting
good that it's a lot easier to go after,
for example, the, you know, 2,000 most
prolific criminals in an American city
than it is to go after 450 million guns.
We've tried banning all sorts of things
in this country, um, to very little
effect. Now again, doesn't mean that the
bans shouldn't be in place because that
gives us an avenue for enforcement. But
we have to understand what those bans
are there to do, what their capacity is
to actually get at the problem that
we're all concerned with. And I think
the left is genuinely concerned with gun
violence. And if that's true, then they
should go after gun criminals, not guns
themselves. I think that would be much
more successful uh approach. And that
would be what I spent the hour trying to
convince them of.
Wow, Raphael, this has been a really
fascinating conversation. I appreciate
your ability to keep up with with my
skepticism. I'm trying not to be
argumentative, but I am trying to
understand the the position. So, I
really appreciate it. I learned a lot.
I'm sure our viewers did as well.
Raphael Manuel of the Manhattan
Institute, thank you so much again for
joining us.
>> Thank you for having me.