“The Status Quo Is Unacceptable”: It’s Time To End The Imposed Ignorance Of Guns And The Harm They Do
A revealing thing happened in the grief-filled days that followed the massacre of helpless children and their teachers at Sandy Hook Elementary School in Newtown, CT.
Virtually every conversation about gun control, about any possible remedy for gun violence, hit a roadblock. We just didn’t know a lot about the guns circulating in America.
How many guns are in the U.S.? We don’t have reliable figures.
Is there a connection between gun violence and the depictions of violence in video games and movies? Studies on that issue are few and inconclusive.
Just how do guns wind up in the hands of the mentally ill or the criminally minded? To answer that, we’d have to do a better job of tracking guns used in crimes.
This national ignorance is the cover under which the gun lobby hides. Its denialism and simplistic wishful thinking — the solution to mass shootings is more “good guys with a gun” — thrives and holds sway because we have failed to study the problem and base our policy decisions on a sound basis: evidence.
Things may be about to change. A new report pushes us one step closer to treating gun violence as a public health issue. If allowed to gain traction, this change in attitude will have huge consequences.
The report was issued by a panel of experts called together under executive order by President Obama after Newtown killings. The Institute of Medicine and National Research Council assembled the panel and has set priorities to focus research.
Obama is asking for $10 million in the 2014 budget to fund research. Time will tell if Congress has the backbone to follow through. It has folded before.
Money for such research was halted in the mid-1990s under pressure by the National Rifle Association. Ever since, we’ve been stumbling along as a nation, racking up more than a quarter-million deaths by gunfire in the last decade alone.
Because we haven’t gathered a great deal of data on how guns are used in America — for self-defense, in crime, in suicides — we have permitted all sorts of magical thinking.
Hence, some have argued that the solution to mass shootings is to get rid of “gun-free zones,” which (they reason) create easy targets for killers to seek. Then there’s the argument that simply giving children more education about gun safety will lessen their chances of playing with a weapon. What does the evidence say? Well, studies conflict. More and better research would help assess policy proposals.
The president’s panel has selected five areas for focus: the characteristics of gun violence, risk and protective factors, prevention and other interventions, gun safety technology, and the influence of video games and other media.
The aim is not to take guns away from people. It’s about making gun ownership and use safer. It’s about respecting the lethal nature of the weapons enough to reduce accidents, suicides and gun use by the untrained and criminals.
The report took pains to address the fear of creating any sort of national database for gun ownership, a favorite bugbear of gun-control critics. It notes that “anonymized data should be used to protect civil liberties.”
In fact, more and better information could decrease the gulf between those who see gun ownership as an absolute and integral American right and those who regard guns as a serious public health problem. The two points of view need not be mutually exclusive.
Think about the great benefits to American society that have come from efforts to change attitudes about road safety, as well as improvements to roadway design. Countless lives have been saved by a process that began after the federal government began thoroughly studying car wrecks.
By understanding better how people were being injured, both government and industry could make sensible changes. Some key changes were instituted by law, such as speed limits and seat belt usage. Some were safety design changes initiated by manufacturers. After all, protecting the car’s “precious cargo” is a great selling proposition.
Wouldn’t the same argument appeal to a responsible gun owner? This model is less likely to be used by a child or stolen and used by a criminal due to biometrics.
We didn’t confiscate people’s cars. We simply mitigated the injury and loss of life they caused.
As the debate about funding research into firearms goes forward, note which organizations and politicians fight mightily against it. It will speak volumes.
The status quo is unacceptable. And those who fight research and understanding will be telling us that they are satisfied with the way things stand.
By: Mary Sanchez, The National Memo, June 24, 2013
“Making Us Less Safe”: Stand Your Ground Laws A Shaky Basis For Justice
The Trayvon Martin murder case will boil down to one claim known by mothers everywhere.
“He started it!”
Every parent with more than one child has heard that cry. When their little one points his or her finger accusingly at a sibling, claiming to have been provoked into the tussle or name-calling, a wise parent responds with, “Well, why did you react?”
George Zimmerman will be asked if he instigated the altercation that led to him shooting to death the unarmed Trayvon, for which Zimmerman now faces the charge of second-degree murder.
The basis of Zimmerman’s defense is that, fearing for his life, he believed he was justified to shoot and kill.
The jury, being chosen now, will decide.
Zimmerman waived his right for a hearing to exculpate himself under Florida’s Stand Your Ground law, although his lawyer has suggested that he may attempt to invoke the law if he is found guilty in his impending trial.
These laws need to be better understood for their implications for a civil society. Since Florida became the first state to pass the so-called Stand Your Ground law in 2005, about 30 other states have followed suit with some form of these laws.
Most states have the Castle Doctrine, which allows people to use deadly force, without the expectation to retreat, when threatened in their own home.
What the Stand Your Ground laws do is broaden the right to kill without retreating, even when it is possible, to other places, such as a workplace or a car.
Prior to the spread of these new laws, people were expected to back down, to retreat, if possible. Shoot First, Stand Your Ground, Make My Day laws can make it legal to refuse to walk away.
More research is needed into the effects of these laws. However, the evidence available now should trouble anyone who thinks laws should make society safer, rather than promoting violence.
One point is made repeatedly by David Hemenway, director of the Harvard Injury Control Research Center: “Firearms are used far more often to frighten and intimidate than they are used in self-defense.”
People are confused about what constitutes self-defense. What many people term self-defense is really just the last act in an argument gone out of control, a situation that escalates until one or both parties reach for a gun.
In one study, verbatim accounts of people who claimed self-defense were sent to criminal court judges for review. The majority of time, the judges felt the shootings, as described by the shooter, were not legal uses of self defense. Most often, the cases were simply arguments that ended violently when one person used a gun. Many were avoidable.
The Harvard Center has ripped apart other studies that overestimate the number of instances in which people have justifiably used a gun in self-defense. Given a chance to paint themselves a victim/hero, shooters often do, no matter what the facts of their cases were. So when researches try to estimate what proportion of shootings are cases of self-defense, it’s problematic to say the least to base their figures on the shooters’ self-reported motives.
Hemenway has also noted that in interviews, about half of convicted felons who used a gun in their crimes claim they did so in self-defense.
Many of these instances probably aren’t all that different from the type of the knuckleheaded justifications for murder that we regularly hear on the evening news: the endless stories of one teenager claiming someone “disrespected” them with a sneer, an ugly comment. So they just had to shoot the person dead.
People readily recognize the ludicrous nature of the claim that violence was necessary, that someone “had it coming to them.” Yet Stand Your Ground laws by definition turn this lack of self-control and inability to manage disagreement into a legal right to use lethal force. It’s sanctioned murder.
Depending on how one of these laws is crafted, it can even take away the ability of police to file charges, and prosecutors can face higher burdens of proof.
The question that needs to be answered is if the proliferation of Stand Your Ground laws are influencing public behavior to the point of making us less safe.
If he were alive to answer, it would be good to get Trayvon Martin’s opinion.
By: Mary Sanchez, The National Memo, June 17, 2013
“Another Kid With An AR-15”: Yet, Washington Has Given Up On Gun Control And Doing Absolutely Nothing
The scene described by eyewitnesses and authorities is one out of a video game: Suspected shooter John Zawahri turned the beachfront Southern California community of Santa Monica into a battle zone for 15 minutes Friday afternoon, cutting a bloody swath through a mile of the city as he shoot at cars and passersby with abandon after killing two family members and burning down their house. NBC News:
As firefighters first arrived at the scene to extinguish the blaze, the gunman carjacked a vehicle being driven by an adult woman and threatened to murder her if she didn’t drive him to the nearby college campus, Santa Monica Police Chief Jacqueline Seabrooks said Saturday.
The gunman demanded the woman stop at various points along the mile-long ride so he could fire indiscriminately at passing cars, police said. He shot at a woman driving past the scene of the carjacking, wounding her, and later sprayed bullets at a public bus, shattering glass and injuring three people.
As they approached the SMC campus, the shooter fired at Carlos Navarro Franco while he sat behind the wheel of his SUV, which spun out of control and careened into a wall…[he] died instantly.
And yet, the scene is all too quotidian and real. It follows a familiar script: A young man — Zawahri’s 24th birthday would have been on Saturday — who suffered from emotional and psychological problems — he was previously hospitalized for mental illness — wielding an AR-15 rifle — the same gun used at Sandy Hook and Aurora and Oregon and countless other shootings — to kill innocent people who happened to be in the wrong place at the wrong time. In this case, five dead, including the gunman, and at least four others injured.
The parallels with alleged Newtown shooter Adam Lanza go even deeper. Zawahri’s parents were divorced and he lived with his mother, whom neighbors desired as a “lovely woman…with a crazy kid.” “John had a fascination with guns,” a friend told the Los Angeles Times. “We were all worried about it.” And, like Lanza, he shot his parent before launching his rampage.
Maybe it’s because the shooting was overshadowed by blockbuster revelations about government spying, or maybe we’ve finally exhausted our ability to care about these tragedies after so many, but the shooting hasn’t earned anywhere near the attention of other mass sprees. Or maybe it’s just too difficult to dwell on — and no political leaders have an interest in drawing attention to it — since Washington has all but abandoned any attempt to reform gun safety laws.
And this case should show just how badly those laws need reform. Zawahri should have been stopped at least twice over from accumulating his stockpile, thanks to both his mental health problems and California laws that generally prohibit the purchase of assault weapons. Critics will undoubtably say the fact that he wasn’t stopped shows the opposite — strict gun laws don’t stop shootings — but both prohibitions are fraught with glaring loopholes, as this incident and too many others have shown. Guns can be lightly modified to flout legal definitions of assault weapons, or purchased online, or bought through private sales in other states to skirt all regulations. They can even be assembled from parts kits purchased online with zero government oversight, as Bryan Schatz did just a few miles from Santa Monica for a Mother Jones story.
But more importantly, background checks are supposed to stop people with mental illness from purchasing weapons, but problems with coordination between states and the FBI have meant that this often doesn’t happen. And it’s too easy to avoid a background check all together. These are exactly the kinds of loopholes that reforms want to close.
Others will say that armed bystanders could have stopped the shooting, but this argument fails basic tests of logic, history, and science. Armed civillians rarely, if ever, stop gunmen, and occasionally injure other victims in the melee by accident. And if guns laws are worthless because some people won’t follow them, as the NRA and its comrades like to say, then by that logic all laws, from speed limits to prohibitions on rape, should be thrown out because people keep finding ways to break those too.
Maybe guns don’t kill people, as the bumper sticker says, but tell me that Zawahri would have killed as many people with a knife instead of a semi-automatic assault rifle. And if it can happen in restorty Santa Monica, a community best known for being the backdrop for hundreds of movies and the subject of several hit songs (and, disclosure: this hometown of this writer), or white collar Newtown, Connecticut, it can happen anywhere.
We’ll probably never be able to stop all gun crimes, but throwing up our hands and doing nothing to at least try isn’t the answer.
By: Alex Seitz-Wald, Salon, June 10, 2013
“A Towel, Sunscreen And A Handgun”: Now, You Can’t Ban Guns At The Public Pool
If you feel unsafe at a public pool in Charleston, WV, you may soon have the right to lie there on a towel with a handgun at your side.
For 20 years, Charleston has been an island of modest gun restrictions in a very pro-gun-rights state. But its gun laws — including a ban on guns in city parks, pools and recreation centers — are now likely to be rolled back, the latest victory in a long-standing push to deny cities the power to regulate guns
Since the 1980s, the National Rifle Association and other groups have led a successful campaign to get state legislatures to limit local control over gun regulations. These “preemption” laws block cities from enacting their own gun policies, effectively requiring cities with higher rates of gun violence to have the same gun regulations as smaller towns.
Before 1981, when an Illinois town banned the possession of handguns, just a handful of states had preemption laws on the books. Today, 42 states block cities from making gun laws, according to the Law Center to Prevent Gun Violence. Even Illinois, which has long allowed its cities to pass gun control measures, is about to invalidate local restrictions on concealed handguns and ban any future local regulation of assault weapons.
Gun rights advocates argue that allowing cities to have their own gun laws creates an impossible situation for law-abiding gun owners, who cannot be expected to read ordinances for every town they might pass through.
The preemption campaign has racked up so many victories nationwide, it’s now focusing on holdouts like Charleston, population 51,000.
Charleston’s current gun restrictions include a three-day waiting period to buy a handgun, and a limit of one handgun purchase per month, as well as bans on guns on publicly owned property, such as parks and pools.
West Virginia Delegate Patrick Lane crafted an amendment to an unrelated state bill, now passed, that will likely force Charleston to erase those restrictions.
“Crime could happen anyplace. You obviously want to be able to defend yourself and your family if something happens,” Lane said, when asked why anyone would want to bring a gun to a public pool.
The NRA did not respond to requests for comment, but its website calls Charleston’s restrictions “misguided” and “unreasonable.” Its site has closely tracked the progress of the repeal of the ordinances, which it states “would have no negative impact whatsoever on Charleston.” The site has repeatedly criticized Charleston’s Republican mayor for “speaking out publicly against this pro-gun reform.”
It’s not clear what effect the spread of preemption has had on public safety. “It’s very hard to determine what causes crime to go up and down, because there are so many variables,” said Laura Cutilletta, a senior attorney at the Law Center to Prevent Gun Violence.
But in Charleston, Police Chief Brent Webster says he’s worried about losing the city’s current restrictions, in particular the law banning guns at city pools, concerts and sporting events.
“You will have some citizens say, ‘I can do that now, so I’m going to do that,’” Webster said. “I am greatly concerned.”
“When they’re diving off the diving board, is that [gun] going to be in a book bag? Is that going to be lying under their towel and an eight-year-old kid is walking through the pool area and picks it up?”
Two of the city’s former police chiefs also say they’re worried about losing the ban on guns in public places that attract kids.
“That has nothing to do with the Second Amendment right. It has to do with public safety,” former Chief Dallas Staples said.
Charleston’s mayor, Danny Jones, who’s fought to keep the gun restrictions, said the city now has no choice but to do what the state legislature wants and roll them back. The state legislature packaged the rollback requirement with a popular measure giving Charleston more leeway in how it raises taxes.
“I’m still reeling from all this, because it’s going to affect us in a very negative way,” Jones told reporters after the law passed.
Keith Morgan, president of the West Virginia Citizen’s Defense League, a gun rights group, said the group has been pushing for an end to Charleston’s ordinances for years, and that the change would protect law-abiding gun owners from a “minefield” of conflicting local laws.
Lane, the West Virginia delegate, also said that gun-owning commuters were put at risk as they traveled through different cities with different rules.
But neither Lane nor Morgan could cite an example of a gun owner being prosecuted for accidentally breaking the law during their commute, or by accidentally wandering into a city park. When Morgan himself once showed up at the Charleston Civic Center with a gun, he said, he was simply asked to leave, and he did. In lawsuits the West Virginia Citizen’s Defense League filed against gun ordinances in Charleston and Martinsburg, the plaintiffs cited their fear of potential prosecution.
The main burden of Charleston’s laws for gun owners has been the inconvenience of waiting three days to purchase a handgun, and only being able to buy one handgun at a time — something that can be particularly troublesome “if you’re buying a present for your family and there happens to be a Christmas sale at the retailer,” Lane said.
Former Charleston law enforcement officers say the handgun restrictions, passed in 1993, helped the city tamp down on the drugs-for-guns trade that was rampant at the time. But since then, gun stores have sprung up right at the city’s borders, said Steve Walker, a former Charleston police officer and now president of the West Virginia branch of the Fraternal Order of Police.
“Honestly, I don’t know whether with them repealing it, it is going to help them or hurt them,” Walker said of the handgun restrictions.
State legislators said that city officials are overplaying their fears.
“I don’t see everyone with a concealed carry permit deciding to go to a pool and carry a gun,” said Democrat Mark Hunt, a state delegate, “So what if they do? They’re law-abiding citizens.”
Charleston’s mayor said he has a plan if somebody brings a gun poolside: “We’re going to close down the pool.”
By: Lois Beckett, Pro Publica, June 3, 2013