“Absolute Opposition”: How The NRA Is Helping To Pass Gun Control
We’re in the early stages of a lengthy process that will involve hearings, competing bills, horse-trading, and the usual ugliness of life in the Capitol Hill sausage factory, but the contours of gun legislation are beginning to take shape. Though President Obama is out campaigning for the full package of reforms he has been advocating, there are indications that the assault weapons ban may get dropped in order to forestall a Republican filibuster in the Senate, and a bipartisan group is about to introduce a bill in the House on gun trafficking and straw purchases. (I’ll discuss the assault weapons question in a later post). In other words, the actual legislative process is getting underway.
And though it’s by no means assured that some gun measures will pass Congress, if any do, we’ll partly have the NRA to thank. That’s because, I believe, the organization fundamentally misread the role it plays in the minds of the average voter. They’ve become more extremist in the last two decades, but most people didn’t realize it, because unless you’re a member and are getting their magazines and emails or seeing their representatives appear at conventions, you had no idea just how extreme they’d become. So the idea that the NRA is just the guardian of Americans’ gun rights could persist. An average gun owner who saw that the NRA endorsed a candidate could say, whatever else he thought of that candidate, “I suppose he’s all right when it comes to guns.” But now that Wayne LaPierre has been appearing on television shows, the whole country has gotten to see just what a maniac he is, and how extreme the organization has become. And now that there are concrete proposals on the table, voters can see that the NRA will oppose even universal background checks, which every opinion poll taken in the last couple of months has shown are supported by an astonishing 90 percent of the public. When even the host of Fox News Sunday is calling your arguments “ridiculous” and “nonsense,” you’ve got a problem.
So now, members of Congress who just a few months ago would never have considered bucking the NRA on anything may realize that it isn’t that much of a risk to oppose them on a particular measure, provided it has wide public support. Instead of worrying that they’ll be branded “anti-gun” for disagreeing with the NRA on anything, they may be saying to themselves that if they’ve got the public behind them, it may not be such a risk after all to support something like universal background checks.
The NRA’s model of influence—absolute opposition to any measure to restrict guns combined with apocalyptic rhetoric aimed at its supporters—worked as long as the gun issue was out of the spotlight. But now that we’re having an actual debate, things have changed. It’s becoming clear that while they represent a certain portion of gun owners, they definitely don’t speak for all gun owners, which is what they’d like legislators to believe. And that may provide just enough of an opening for legislation to pass.
By: Paul Waldman, Contributing Editor, The American Prospect, February 5, 2013
“18 Year Olds Can Buy Handguns”: Easier To Buy Three Glocks Than A Case Of Bud
If you’re 18, the law says you can’t buy a handgun. But you can buy a handgun without breaking the law. This paradox exists thanks to a little-noticed manifestation of the so-called gun show loophole, which keeps government regulations out of private gun sales.
The Gun Control Act of 1968 made it illegal for a gun dealer to sell handgun to anyone under the age of 21. “Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older,” the ATF’s official Federal Firearms Regulations Reference Guide states. But the agency’s regulations only apply to federally licensed firearms dealers, not to non-professional private sellers.
“A high school senior in most states can go to a gun show, go online, or any other place that they might find a private seller and lawfully purchase a gun that they couldn’t otherwise at a gun dealer,” explained David Chipman, a former ATF special agent who now works with Mayors Against Illegal Guns.
“That is correct,” confirmed George Semonick of the ATF. “Under federal law, it’s not unlawful for an 18-year-old to posses a handgun,” Semonick explained to Salon, though some states have their own age requirements for handgun possession.
While Congress will soon consider legislation to close the part of the private seller loophole that lets them sell guns without background checks, the handgun age restriction loophole has so far not been specifically addressed or even much noticed. “I’m shocked that the media hasn’t jumped on this,” Chipman told Salon.
But the Internet is way ahead of Washington (and the media) and can helpfully explain this nuance in the gun laws to anyone looking for answers. “How should I go about buying a pistol? I’m 18 years old?” one user asked on Yahoo’s question forum. There are plenty of informed responses: “You cannot buy from a dealer if you are under 21. You can buy from a private sale in many states, but not all states,” one read.
Another: “To be honest your best bet is to place a WTB [want to buy] classified, make sure you are up front about your age because lots of Face to Face sellers won’t sell to someone under 21.” A third: “Basically you have to put an ad in your paper saying you would like to purchase one of these or pick it up at a gun show.”
A separate user wrote that he or she had “heard from a lot of virginia residents that you can buy a gun at 18 years old in virginia at a gun show without a license i also know a couple of people that have bought from gun shows.”
The topic has come up on numerous gun forums as well, where commenters can give sophisticated explanations of the dichotomy between licensed dealers and private sellers. “I hate when people don’t know that you can sell a handgun to a 19 year old in a private purchase,” one commenter complained. Another responded: “Unfortunately, it will be very hard to convince something is legal if they feel it is illegal … All you can do is print out 18 USC 922(x) and the ‘providing firearms to juveniles or minors’ statutes in your state.”
“It’s quite legal for a nonprofessional to sell it to the 18-to-20-year-old, and for the 18-to-20-year-old to buy it, even if the nonprofessional knows or suspects that the buyer is under 21,” wrote libertarian-leaning lawyer Eugene Volokh on his popular blog back in 2010. Volokh notes that while the 18-to-20-year-old “can’t have someone buy it specifically for him, since that would be conspiracy to make a false statement, given that the straw purchaser would have to falsely assert that the gun is for the straw purchaser himself,” he can buy it from a private seller. (Although, one 18-year-old in Pennsylvania found a state-specific loophole that let his father legally purchase a handgun for him.)
Laws vary from state to state and while some make it illegal for people under the age of 21 to purchase or possess a handgun at all, others go by federal law, which deals only with sales from gun dealers. An 18-to-20-year-old cannot, however, obtain a concealed carry license in any state, as they all set the threshold at 21.
The ATF’s Semonick explained that this loophole sometimes creates unexpected complications. For instance, if an 18-year-old brings their legally purchased handgun into a gun store for repairs, the licensed dealer is not allowed to return the gun, as that would violent federal law prohibiting the transfer of a handgun from a dealer to someone under 21-years-old.
“As a law enforcement professional, this was one of my concerns,” former ATF agent Chipman said. “It shouldn’t be easier to go buy three Glocks than to buy a case of Bud. But that’s the case.”
By: Alex Seitz-Wald, Salon, February 5, 2013
“What An Honor”: What Do I Have To Do To Make The NRA’s ‘Enemies List’?
I can’t tell you how let down I am that I didn’t make the National Rifle Association’s so-called “enemies list,” which has surfaced again as the gun lobby comes under closer fire, if you’ll excuse the expression.
The NRA keeps so many scores of groups in its sights as anti-gun-control that it beggars belief. Among them are the American Academy of Pediatrics, the United Methodist Church, the American Civil Liberties Union, the American Jewish Congress, the National Coalition Against Domestic Violence, the Women’s International League for Peace and Freedom, the YWCA, and Physicians for Social Responsibility. Those from the creative arts named include Bruce Springsteen, Alec Baldwin, Jerry Seinfeld, Matt Damon, Kyra Sedgwick, and Maya Angelou, to name but a few.
What an honor. Some newspaper columnists, notably E.J. Dionne, Jr., and Cynthia Tucker, got the nod. Congratulations to all, but count me in for next time. Another columnist, the economist Paul Krugman, who writes for the New York Times, is also mysteriously missing. He recently described the NRA as “insane,” in the wake and ashes of the Newtown school shooting tragedy.
Well, I go farther than that. The NRA may as well be criminally insane for the part it plays in American society, terrorizing legislators like a loose junkyard dog. It has intervened to block medical treatment and lawsuits relating to gun ownership and violence. Deaf to the urgent words of wounded former representative Gabrielle Giffords, whose congressional career was cut short by a lone white young gunman, the NRA was unmoved by the cold blooded murder of women and children in Newtown by a lone white young gunman. For its aggressive stance over the last decades, NRA has the blood of children on its hands.
Wayne LaPierre, executive vice president of the NRA, didn’t bat an eye in front of a Senate panel where Giffords and Newtown parents made eloquent pleas for better gun laws, such as background checks for buyers. LaPierre didn’t move an inch on working with Congress on an assault weapons ban. And there was no apology to President Obama for the ludicrous, lowdown ad suggesting that his daughters’ school, Sidwell Friends, has armed guards (“his kids are protected by armed guards at their school”). Of course the Secret Service protects every president’s family, but the daughters’ school does not have armed guards. (Note to LaPierre’s outfit: Society of Friends schools are Quaker, a pacifist faith founded in 17th century England. “Pacifist” is a word NRA leaders should go look up in the dictionary.)
Assault weapons are more sacred than preventing human tragedy, both civilian and police deaths. It’s just that simple in the NRA’s sinister worldview. Obama could not have done anything better with his Monday than visiting Minneapolis to talk to citizens about stemming the tide of gun deaths. He stated he didn’t intend to wait for another Newtown in taking this fight to the people. Thank you, Mr. President, for acting like one.
One more thing: Gayle Trotter, a senior fellow at the NRA-allied Independent Women’s Forum, also testified in front of the same Senate panel as LaPierre last week. How she could make the absurd claim that mothers need to protect their children from intruders with guns is beyond the reach of reason. It is pure right-wing fiction, since studies show that women are actually less safe with a gun in the house. Sen. Sheldon Whitehouse of Rhode Island tried to set the record straight with some facts, but Trotter wasn’t having any of that.
Trotter’s testimony goes to show that the enemies of a more peaceful public square remain ruthless. We more temperate Americans can’t let them take Thomas Jefferson or James Madison away from us. We have to work harder to oppose their locked-in conviction, knowing that it won’t be perfect or pretty (to paraphrase Baltimore Ravens champion Head Coach John Harbaugh). But we have to get on the field and engage. Obama has started the dialogue out in the open where it belongs.
My mother, a professor, made the Nixon enemies list. Do you think I just made the NRA’s?
By: Jamie Stiehm, U. S. News and Eorld Report, February 5, 2013
“The NRA’s Tone-Deaf Rhetoric”: Powerful But Not Omnipotent, The NRA Is Seriously Overplaying Its Hand
The moment that most deserves to be remembered from Sunday’s thrilling Super Bowl came before the game, when Jennifer Hudson joined students from Sandy Hook Elementary School in singing “America the Beautiful.” It was a heart-rending elegy for the fallen — and a stirring call to action.
The brave students, in khakis and white polo shirts, survived the unspeakable massacre in Newtown, Conn., that left 20 of their schoolmates dead, riddled with bullets from an assault rifle fired by a madman. Hudson, the acclaimed recording artist and Oscar-winning actress, lost her mother, brother and nephew to Chicago’s endemic gun violence in 2008 when a troubled relative went on a murderous rampage; she had to identify all three bodies at the morgue.
The performance brought tears to the eyes of some of the players — and, surely, many television viewers. It was a reminder that life goes on but also that we must not lose sight of unfinished business: reducing the awful toll that barely regulated, insufficiently monitored commerce in powerful weapons takes on innocent victims, day after day after day.
Despite the best efforts of the National Rifle Association (NRA) and like-minded groups to make sure this business remains unfinished, reducing gun violence remains stubbornly high on the nation’s agenda.
This is partly due to the ravings of Wayne LaPierre, the NRA’s executive vice president and spokesman, who almost single-handedly, or single-mouthedly, is making the pro-gun argument sound even crazier and more irresponsible than it is. And that’s saying something.
This weekend, LaPierre treated viewers of “Fox News Sunday” to some of his lunacy. Anchor Chris Wallace gave him the opportunity to disavow the NRA’s shameful ad accusing President Obama of hypocrisy for supporting gun control while his own family is protected by armed Secret Service agents. LaPierre stuck to his guns, such as they were.
The president’s daughters “face a threat that most children do not face,” Wallace pointed out.
“Tell that to people in Newtown,” LaPierre replied. He was about to continue in this vein before Wallace interrupted: “Do you really think the president’s children are the same kind of target as every school child in America? That’s ridiculous and you know it, sir.”
LaPierre then went into an absurdist rant about how “all the elites and all the powerful and privileged, the titans of industry,” have armed security and — in LaPierre’s fantasy — send their children to schools that are veritable bunkers. Wallace noted that he sent his children to the same school the Obama daughters attend, and there were no armed guards on campus.
“The idea of an elite class,” Wallace said, “it’s just nonsense, sir.”
When Obama unveiled his far-reaching proposals on gun violence, it appeared initially that the NRA was willing to compromise. NRA President David Keene seemed to indicate that the organization would accept universal background checks for gun purchases while strongly opposing proposed bans on assault weapons and high-capacity magazines. But LaPierre declared Sunday that that the NRA will resist any new legislation.
In Senate hearings last week, LaPierre portrayed life in the United States as one long horror movie. “What people all over the country fear today is being abandoned by their government,” he said. “If a tornado hits, if a hurricane hits, if a riot occurs, that they’re going to be out there alone, and the only way they’re going to protect themselves, in the cold, in the dark, when they’re vulnerable, is with a firearm.”
He left out the zombies.
With so many members of Congress already bought and paid for, it’s understandable that the NRA would feel a measure of confidence. But I believe the pro-gun lobby is seriously overplaying its hand, and that the wind has shifted.
Former representative Gabrielle Giffords also testified at last week’s hearings; she spoke only briefly, because it is still difficult for her to form words after being shot in the head two years ago. The gunman was wielding a semiautomatic pistol with a 33-round magazine. No one can convince her that if we lived in the world the NRA would like to see — in which everyone is armed to the teeth with military-style guns and ammo — we would be safer. Nor can anyone convince the children of Newtown. Or Jennifer Hudson’s family.
The NRA is powerful but not omnipotent. Polls show that Americans favor sensible gun control; if Obama and other proponents of sanity keep the issue alive, we can achieve it. From sea to shining sea.
By: Eugene Robinson, Opinion Writer, The Washington Post, February 5, 2013
“Too Few Deaths”: The Big NRA Flip-Flop On Background Checks
You know, I had premonitions of this story, thinking: Didn’t the NRA used to support universal background checks as the alternative to every gun control measure? Between deadline pressures and the fear that I was having a senior moment, I didn’t follow it up. But now, via TPM’s Evan McMorris-Santoro, we have a former NRA president acknowledging that used to be the organization’s position not that very long ago, but has “changed its mind”:
The former president of the National Rifle Association told CNN Thursday night that the group has changed its mind on universal background checks. Back in 1999, after the Columbine school shooting, the NRA actually ran ads saying “it’s reasonable to provide for instant background checks at gun shows, just like gun stores and pawn shops.”
After last month’s school massacre in Newtown, Conn., the group has sounded a different note. Universal background checks are a waste of time at best and a “federal nightmare” that would lead to confiscation at worst, NRA leaders have said recently.
On CNN, former NRA President Sandy Froman admitted that the group dramatically changed its tune on universal background checks — which gun control advocates have said are their number one post-Newtown goal — and explained the reason was that the NRA now sees expanded background checks as totally ineffective.
“Yes, the NRA has changed its position,” Froman said. “And the reason it’s changed its position is because the system doesn’t work. The (National Instant Criminal Background Check System) is not working now. We have to get that working before we can add any more checks to that system. It’s already overburdened. In Colorado, I know it takes 10 — 10 days to do an instant check.”
So why not fix the system? If the NRA’s basic position is its members are law-abiding citizens who have no reason to fear background checks, why is it a problem?
Current NRA President David Keene echoed those concerns at a meeting with reporters Thursday while explaining his group’s opposition to expanded background checks. But he also sounded a more ominous note, warning that a universal background check infrastructure was possibly a first step toward a dismantling of Second Amendment rights.
“One of the reasons we’re fearful of a system like that is because we have been and continue to be and will continue to be very opposed to any kind of national gun registry system,” Keene told reporters at a Christian Science Monitor-sponsored breakfast. “For several reasons. The historic reason of course is that is a precursor in many cases to confiscation.”
So boil off the evasions, and we’re right back to the insane idea that Barack Obama is part of, a front for, or a precursor to, a totalitarian regime, and that “patriots” need the right to keep their military-style weapons on hand in case the day arrives when it’s time to start killing cops and members of the U.S. Armed Forces.
Somebody with access to these people needs to very directly ask them their own personal indicators for when it’s time to start the blood-letting.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, February 1, 2013
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