Disarming the Amish

By Jessica Sauer

Posted ~ January 7, 2004

A young bearded man in a hat backs away slowly from the counter. He nods one last time to the cashier and slips his handgun into its holster.  "Remember, whatever you do, don't tell my family!" he pleads, and walks out the door.

He hasn't committed a crime.  His secret fits smoothly into the palm of his hand or the back of his wallet.  It's not a gun.  It's a photo ID.

Ten years ago, Congress passed the Brady Handgun Violence Prevention Act -- better known as the Brady Bill -- which significantly expanded federal gun control.  The law requires that licensed gun dealers perform an "instant background check" on prospective buyers.  It was heralded as an effective way to keep firearms from criminals.  Though the goal of the bill was noble, the scope of the national legislation has cramped the rights of one of Pennsylvania's and Ohio's most law abiding groups of citizens: the Amish.  And few outside the Amish seem to care.

While they are conscientious taxpayers, the Amish tend to abstain from involvement in many civil affairs, such as voting, attending secular schools, and serving in the military.  They are also known for their religiously based abhorrence of photography.  Derived from interpretations of the Biblical commandment: "Thou shalt not make unto thyself a graven image," Amish belief maintains that a photograph can "rob the soul."  For the purposes of identification, some Amish obtain non-driving identity cards from the Department of Motor Vehicles.  These cards, which may be issued without photographs, are a recognized form of identification in Pennsylvania.  Except, of course, when it comes to a matter of federal law. 

The Brady Act requires that gun purchasers present a photo-ID to a gun seller.  Under the law, photo-free identification cards are not acceptable.  Thus, to legally buy a handgun, the Amish, according to their belief system, risk God's wrath and their very soul.  Or, they can simply find creative, illegal ways to circumvent the law.  Like common criminals prevented from firearm purchases under the Brady Bill, the Amish can seek illicit dealers.

In this case, the Brady Bill is keeping guns from a group of upstanding citizens that truly need them.  The intent of the bill was to keep guns from criminals.  No sane person considers the Pennsylvania Dutch a criminal class.

Gun control advocates commonly argue that guns are unnecessary today.  At best, they will concede that guns might serve a purpose if intended for home defense or self-protection generally.  To the contrary, they insist, the vast majority of gun enthusiasts in America do not need a gun to hunt food or run a farm.

The Amish, however, are an exception.  They need guns to hunt food and run their farms.  Guns are an integral part of their daily livelihood.  Their lifestyles are similar to Americans of yesteryear.

Joe Leone understands that.  He also understands frustration.  He owns "Gun World" in Harrisville, Pennsylvania.  To Leone, one of the most frustrating aspects of the Brady Bill is that it has prevented him from selling guns to Amish customers he has known for years.  He asks a common sense, beyond-the-beltway question: "When they walk in the door and we can greet them by their first names, why do we have to see a picture to know who they are?"  Leone sends them home empty handed.

The Amish have now struggled with this for almost 10 years.  What can be done?

Eliminating the photo ID requirement from the Brady Bill is one option.  That would not mean eliminating background checks altogether.  Alternative identification, such as a Social Security Card and a state-issued identity card could be more than sufficient to accomplish the purposes of the bill.  While the photo-ID can offer visual confirmation, its utility is limited to the evaluation of the seller.

            Or, simply, the photo ID stipulation could be waived for groups like the Amish.

            A lot of time went into developing the Brady Bill.  Surely, a small portion of that energy can be devoted to ironing out some of its unforeseen shortcomings.

            While solutions are available, policy makers are unlikely to get involved.  That's because Amish gun rights are hardly a popular issue screaming across national headlines.  Moreover, the Amish are a very silent minority.  And gun controllers are surely not bothered by the fact that retailers like Gun World -- also owned and staffed by law-abiding citizens that pay their taxes -- are losing as much as $50,000 a year in sales because of this problem.

            The question is whether Washington will help the Amish.  The Pennsylvania Dutch don't have a powerful, vocal group like the National Organization for Women or NAACP to do their bidding.  They don't protest and carry signs.

            Still, that doesn't make them less important.  Charlie Schumer and his constituents in New York City might not care.  Don't expect a supportive editorial from the New York Times.  To the Amish, however, this matters.  Congress doesn't tolerate policies that discriminate against other minorities, and it shouldn't for the Amish either.

Jessica Sauer is a contributor for the Shenango Institute for Public Policy, a policy organization located in Western Pennsylvania.  For our most recent policy briefs please visit www.shenangoinstitute.org.