“Encouraging Vigilante Justice”: The Political Battle Over ‘Stand Your Ground’ Laws
The shooting of teen Trayvon Martin in Florida last week has sparked a national debate over “stand your ground” laws.
But in many states, fights over the controversial legislation have been going on for years without garnering much attention from anyone other than prosecutors and gun-rights activists.
While George Zimmerman admits to shooting Martin, he says he acted in self defense and has not yet been arrested. Under a 2005 Florida law, a citizen who uses deadly force is immune from prosecution when “he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.”
Backed by the National Rifle Association, first in Florida and then around the country, state legislators have pushed for expanding the right to use deadly force. Twenty-one states now have laws giving citizens wide latitude to use deadly force without first attempting to retreat.
Here are some states where “Stand Your Ground” was recently passed or is currently up for debate.
* A bill passed by the legislature in Minnesota was just vetoed by Gov. Mark Dayton (D).
* In Pennsylvania, former Gov. Ed Rendell (D) vetoed a “stand your ground” bill; it was signed last year by Gov. Tom Corbett (R).
* Democratic lawmakers staged a walk-out in Iowa recently to avoid a vote on the legislation. The legislation will probably be blocked on procedural grounds this year, but state Rep. Matt Windschitl (R) plans to reintroduce it next year.
“I anticipate that there are some people who are going to try use this unforunate incident as an excuse not to expand Iowans’ right to self -defense,” Windschitl said, but argued that this one case had to be balanced against the lives saved by laws like the one in Florida.
* In New Hampshire last fall, Republicans in the state legislature overrode a veto from Gov. John Lynch (D) in order to pass a “Stand Your Ground” bill.
“I think if we end up with more moderate Republicans and certainly more Democrats” after the 2012 elections, “it could be on the table again,” said state Rep. Christopher Serlin (D).
* In Alaska, legislation has passed the House and is currently being considered by the state Senate.
Not every “Stand Your Ground” law came from a purely Republican-controlled state government, however.
Oklahoma’s Democratic governor signed one in 2006, as part of the first wave of “Stand Your Ground” success. So did Homeland Security Chief Janet Napolitano, when she was the Democratic governor of Arizona. In Alabama, a bill identical to Florida’s was first introduced by a Democrat.
Overall, however, there is a partisan divide — particularly in the past two years as advocates have attempted to bring the legislation to less-conservative states — with Republicans supporting the bills and Democrats opposing them.
In states where the policy has yet to become law, supporters will likely find new resistance. In states where it has recently become law, its supporters could face a backlash.
Supporters of “Stand Your Ground” argue that it doesn’t apply in this case and does not protect killers who did not act in true self-defense. (Republican presidential candidates Newt Gingrich and Rick Santorum have also suggested the law does not apply.) Opponents say that the law encourages vigilante justice by creating ambiguity.
“We’ve never thought by itself that the law is the main issue,” said Dan Gross, president of the Brady Campaign to Prevent Gun Violence. “What we think is the main issue is the mentality that that law provides.”
By: Rachel Weiner, The Washington Post, March 23,2012
Half Of North Carolina Concealed Carry Permit Holders With Felony Convictions Keep Their Permit
North Carolina is one of the few states in the country with public records of who has a permit to carry a concealed firearm, so it provides a rare window into how such permits are handled once their holder’s criminal record proves them unfit to carry a hidden gun. The results are not pretty:
More than 2,400 permit holders were convicted of felonies or misdemeanors, excluding traffic-related crimes, over the five-year period, The Times found when it compared databases of recent criminal court cases and licensees. While the figure represents a small percentage of those with permits, more than 200 were convicted of felonies, including at least 10 who committed murder or manslaughter. All but two of the killers used a gun. […]
The review also raises concerns about how well government officials police the permit process. In about half of the felony convictions, the authorities failed to revoke or suspend the holder’s permit, including for cases of murder, rape and kidnapping. The apparent oversights are especially worrisome in North Carolina, one of about 20 states where anyone with a valid concealed handgun permit can buy firearms without the federally mandated criminal background check. (Under federal law, felons lose the right to own guns.)
Violent criminals who were allowed to keep their concealed carry permits include Ricky Wills, who “terroriz[ed] his estranged wife and their daughter with a pair of guns and then sho[t] at their house while they, along with a sheriff’s deputy who had responded to a 911 call, were inside,” and Charles Dowdle, who “was convicted of multiple felonies in 2006 for threatening to kill his girlfriend and chasing her to her sister’s house, where he fired a shotgun round through a closed door.” Indeed, violent individuals convicted of domestic violence-related crimes are the most likely to be allowed to keep their concealed carry permits. Nearly two-thirds of individuals convicted of “assault on a female” in the state of North Carolina did not have their concealed carry permits suspended.
The state’s failures to suspend these licenses appears to be a series of oversights, not a deliberate effort to place concealed firearms in the hands of violent criminals — indeed, Mr. Willis’ permit was revoked after New York Times reporters informed the state that he still had it. Nevertheless, these oversights could soon have consequences for the safety of Americans in all fifty states. The National Right To Carry Reciprocity Act, which recently passed the House of Representatives, would give holders of concealed carry permits from any one state the ability to carry a concealed weapon while than were visiting any other state — even if the state they were visiting banned concealed carry or would not allow them to obtain a carry permit.
In other words, should this bill become law, it would mean that a violent felon from North Carolina could keep his permit solely because of an oversight, and then travel to any state he chooses with a concealed gun tucked under his jacket.
By: Ian Millhiser, Think Progress, December 27, 2011
When Al Qaeda Endorses The GOP Line On Guns
A few weeks ago, House Republicans killed a proposal to prevent those on the FBI’s terrorist watch list from buying firearms. It’s the same party that’s supported the gun-show loophole for years.
When it comes to organizations that appreciate the Republican approach most, the National Rifle Association certainly comes to mind, but Chris Brown flags a different group that seems pleased.
In a video released [Friday] Al Qaeda spokesman Adam Gadahn encourages terrorists to use American gun shows to arm themselves for potential Mumbai-style attacks. Gadahn’s video laid out a new tactic for Al Qaeda to continue their murderous terrorist agenda:
“America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card. So what are you waiting for?”
At gun shows buyers can purchase guns from private sellers without passing a background check.
Because the discourse allows no meaningful discussion of restricting gun ownership, this news will probably spark exactly zero debate on Capitol Hill.
But it’s a reminder of just how complete the NRA’s victory really is. Al Qaeda itself is urging radicals to take advantage of loose American laws to arm themselves, presumably to aid in acts of terror … and policymakers who fear the NRA more than they fear terrorists don’t say a word.
By: Steve Benen, Contributing Writer, Washington Monthly-Political Animal, June 6, 2011
The Campus Carry Movement Stutter-Steps Across America
Last October, an email popped into my inbox from Mike Stollenwerk, co-founder of gun rights networking hub OpenCarry.org, which boasts the motto, “A right un-exercised is a right lost.” He was responding to a question I had about the possible re-tabling of a bill in the Texas legislature which would, if passed, allow students to carry handguns with them to college.
At the time, only Utah allowed the carrying of concealed weapons into the classrooms of public universities, while Colorado left it up to the colleges themselves to decide. Stollenwerk wrote: “My bet is that there are a fair number of college students and faculty members across America who, after the Virginia Tech murders, have decided to regularly carry loaded concealed handguns to class even when it violates college administrative rules … I hope campus carry is legalized in Texas soon.”
But faculty members weren’t as keen on their students packing heat during their lessons as Stollenwerk thought they might be. Last month, just as state senators were ready to send a bill to allow handguns on campus to a final vote, University of Texas (UT) Chancellor Francisco Cigarroa wrote a public letter to legislators saying the gun bill was a bad idea. And he had the public support of both the UT Faculty Counsel and Texas A&M University Faculty Senate. The result: the bill stalled in the Texas senate, lacking the two-thirds of votes needed to get it on to the floor.
But Sen. Jeff Wentworth, the Texas Republican who authored the bill, was persistent, and yesterday he managed to get it tacked on to a piece of education finance reform legislation which passed the state senate.
If the bill in Texas becomes law, some professors there have said they plan to include a clause in syllabi stipulating that students are not be permitted to carry guns into their classroom — and then simply refuse to teach classes where students don’t assent.
Campus-carry legislation was also on the move this spring in Arizona. Three weeks ago, the state’s conservative governor Jan Brewer vetoed a gun rights bill that had already made its way successfully through both houses, saying it was “poorly written” and that allowing guns to be carried in ‘public rights of way’ could have included K-12 schools — something prohibited under state and federal law.
But the hiccup in Arizona hasn’t stopped the movement to allow guns on campus gather momentum elsewhere. This year alone an astonishing 20 states have seen ‘guns on campus’ bills introduced (so far seven have failed).
The non-profit Brady Campaign to Prevent Gun Violence points out that since the 2007 Virginia Tech massacre, campus-carry legislation has been stymied 51 times in 27 states. But they shouldn’t sit back and breathe a sigh of relief just yet. In Arizona, Brewer has signaled that she’d consider future campus-carry legislation if it addressed her concerns.
The gun rights lobby is powerful — and persistent. And here’s a peculiar anomaly: that movement seems emboldened by the perception that President Obama is a “committed anti-gunner,” as the Gun Owners of America organization said during his initial run for president. This perceptions persists despite the fact that the Brady Campaign issued a report card last year failing him on all of the issues it considered important — including closing gun show loopholes and curbing trafficking.
In fact, since taking office, Obama has signed a law permitting guns to be taken into national parks and wildlife refuges and another allowing people to check guns as baggage on Amtrak. During a campaign speech in Virginia back in 2008 he declared: “I will not take your shotgun away. I will not take your rifle away. I won’t take your handgun away.” If anything, until now the Obama administration’s hands-off attitude toward gun control has paved the way for the campus-carry movement to flourish, while the misperception that he wants to take people’s guns away has been used as an effective tool to bolster support for Second Amendment groups.
The Brady Campaign’s Brian Malte told me that since his organization issued Obama an “F” on his report card for his first year in office, the president has made some steps in the right direction: a few weeks ago he wrote an op-ed piece for the Arizona Star newspaper in which he emphasized the need for failsafe background checks for gun owners. “An unbalanced man shouldn’t be able to buy a gun so easily,” he wrote. And he nominated Andrew Traver to head up the Bureau of Alcohol, Tobacco, Firearms and Explosives — a man who has been outspoken on gangs and weapon control, and whose nomination the NRA opposes.
But none of this is likely to have any effect on the lobby to push campus-carry legislation at the state level. And I don’t like the idea of anyone carrying a gun in public, let alone a 21-year-old student fueled by testosterone and alcohol. When I was at university in the mid-’90s, we drank far more than was good for us. Add guns to the mix and it’s a volatile concoction. When you think of it like that: giving guns to young students largely interested in sex and booze, I’d wager it seems less of a genius idea.
Angela Stroud, a PhD candidate at the University of Texas, has spent the last two years researching the social meanings of concealed handgun licensing. She’s conducted over 40 interviews and even took the handgun license test herself so she’d be more informed. She told me there are those opposed to guns who consider ‘what’s best for society’, and those who are pro-second amendment for whom the ‘greater good’ does not form part of their argument. “There is a major privileging of the individual,” she said. “And it’s a powerful experience to become enmeshed in this worldview. There’s a fear. Instead of saying that incidents like Virginia Tech rarely happen, they say that even a one-in-a-million chance of being murdered is a frightening thing. They see two major threats — one is a criminal who wants to kill you; the other is a government that wants to control you.”
For me, the argument that you could prevent another Virginia Tech with more guns is fatuous. Guns are designed for one thing only — and the more of them there are, the greater the chance of someone getting hurt. Texas Senator Rodney Ellis issued a statement saying the bill would do nothing to improve the safety of students on campus in his state and could, in fact, make dangerous situations more deadly by creating confusion for law enforcement. “We don’t need to incentivize campus Rambos,” he said.
I couldn’t agree more.
By: Alex Hannaford, The Atlantic, May 5, 2011
School of Glock-Get Your Graduate Degree Here
It’s been nearly nine weeks since that tragic shooting in Tucson, and you may be wondering whether there’s been any gun legislation proposed in the aftermath.
Well, in Florida, a state representative has introduced a bill that would impose fines of up to $5 million on any doctor who asks a patient whether he or she owns a gun. This is certainly a new and interesting concept, but I don’t think we can classify it as a response to Tucson. Jason Brodeur, the Republican who thought it up, says it’s a response to the health care reform act.
A sizable chunk of this country seems to feel as though there is nothing so secure that it can’t be endangered by Obamacare. It’s only a matter of time before somebody discovers that giving everyone access to health insurance poses a terrible threat to the armed forces, or the soybean crop, or poodles.
Brodeur’s is one of many, many gun bills floating around state legislatures these days. Virtually all of them seem to be based on the proposition that one of the really big problems we have in this country is a lack of weaponry. His nightmare scenario is that thanks to the “overreaching federal government,” insurance companies would learn who has guns from the doctors and use the information to raise the owners’ rates.
However, it turns out that the health care law has a provision that specifically prohibits insurers from reducing any coverage or benefits because of gun ownership. A St. Petersburg Times reporter, Aaron Sharockman, looked this up. I had no idea, did you? Apparently Senate Majority Leader Harry Reid himself stuck this in to make the gun-lobby folks happy.
Which they really aren’t. The gun lobby will never be happy, unless the health care law specifically requires every American to have a pistol on his or her person at all times.
Great idea! thought State Representative Hal Wick of South Dakota, who tossed in a bill this year requiring every adult citizen to purchase a gun. Actually, even Wick admitted this one wasn’t going anywhere. It was mainly a symbolic protest against the you-know-what law.
Actual responses to the Tucson shooting — that is, something that might actually stop similar tragedies in the future or reduce the carnage — seem to be limited to a proposal in Congress to ban the sale of the kind of ammunition clip that allowed the gunman to fire 31 shots in 15 seconds. That bill is stalled at the gate. Perhaps Congress has been too busy repeatedly voting on bills to repeal the health care law to think about anything else. But, so far, the gun-clip ban has zero Republican supporters, which is a problem given the matter of the Republicans being in the House majority.
Meanwhile in the states, legislation to get more guns in more places (public libraries, college campuses) is getting a more enthusiastic reception.
The nation’s state legislators seem to be troubled by a shortage of things they can do to make the National Rifle Association happy. Once you’ve voted to allow people to carry guns into bars (Georgia), eliminated the need for getting a permit to carry a concealed weapon (Arizona) and designated your own official state gun (Utah — awaiting the governor’s signature), it gets hard to come up with new ideas.
This may be why so many states are now considering laws that would prohibit colleges and universities from barring guns on campus.
“It’s about people having the right to personal protection,” said Daniel Crocker, the southwest regional director for Students for Concealed Carry on Campus.
Concealed Carry on Campus is a national organization of students dedicated to opening up schools to more weaponry. Every spring it holds a national Empty Holster Protest “symbolizing that disarming all law-abiding citizens creates defense-free zones, which are attractive targets for criminals.”
And you thought the youth of America had lost its idealism. Hang your head.
The core of the great national gun divide comes down to this: On one side, people’s sense of public safety goes up as the number of guns goes down; the other side responds to every gun tragedy by reflecting that this might have been averted if only more legally armed citizens had been on the scene.
I am on the first side simply because I believe that in a time of crisis, there is no such thing as a good shot.
“Police, on average, for every 10 rounds fired, I think, actually strike something once or twice, and they are highly trained,” said Bill Bratton, the former New York City police commissioner.
Concealed Carry on Campus envisions a female student being saved from an armed assailant by a freshman with a concealed weapon permit. I see a well-intentioned kid with a pistol trying to intervene in a scary situation and accidentally shooting the victim.
And, somehow, it’ll all turn out to be the health care reform law’s fault.
By: Gail Collins, Op-Ed Columnist, The New York Times, March 9, 2011
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