A lot of the issue centers around intent, something which often involves the court in determining. It's what Mr. Kabay's article is trying to avoid having to do.
If we could write laws using his logic, you'd need a license and a government monitor to cut your steak. Why? Because a major portion of all murders are committed with knives, of course! They must be controlled now!!
The use of "Quod erat demonstrandum" at the end of his article is also a bit offensive. He uses it to signal that he's proved his point and it's justifiable to pass out the pitchforks and torches and head towards the castle.
A friend (hi Steve!) has a much better one: Ita bardus plector.