“A New Awareness”: How The NRA Undermined Congress’ Last Push For Gun Control
Last week, President Obama unveiled sweeping proposals on gun control, including a ban on military-style assault weapons, a reduction of ammunition magazine capacity and stiffer background checks on gun buyers.
National Rifle Association president David Keene quickly accused the Obama administration of being opportunistic. The president is “using our children to pursue an ideological anti-gun agenda,” he said.
The NRA has already begun to lobby on Capitol Hill to counter the administration’s effort.
To get a sense of what the NRA might do, it’s helpful to look at how it scored a victory during the last major federal initiative to tighten gun control.
After a Virginia Tech student killed 32 students and faculty in April 2007, the Bush administration proposed legislation that would require all states to share the names of residents involuntarily committed to mental health facilities. The information would be provided to a Federal Bureau of Investigation database.
The idea, in part, was to help gun dealers get important information about whether potential customers were mentally ill.
In order to get the support of the NRA, Congress agreed to two concessions that had long been on the agenda of gun-rights advocates — concessions that later proved to hamstring the database.
The NRA wanted the government to change the way it deemed someone “mentally defective,” excluding people, for example, who were no longer under any psychiatric supervision or monitoring. The group also pushed for a way for the mentally ill to regain gun rights if they could prove in court that they’d been rehabilitated.
The NRA found allies on both sides of the aisle to champion the concessions.
Rep. John Dingell (D-MI) reportedly pushed the provisions, ultimately with the support of the bill’s lead sponsor, Rep. Carolyn McCarthy (D-NY), whose husband was killed and her son wounded in a 1993 shooting on the Long Island Railroad.
The NRA agreed to support the bill, in exchange for provisions pushing states to create gun rights restoration programs.
Here’s how it worked. It would cost money for states to share their data: A state agency would have to monitor the courts, collect the names of people who had been institutionalized, and then send that information to the FBI on a regular basis.
So, to help pay for data-sharing, Congress created $375 million in annual federal grants and incentives. But to be eligible for the federal money, the states would have to set up a gun restoration program approved by the Justice Department. No gun rights restoration program, no money to help pay for sharing data.
A spokesman for Dingell’s office did not respond to calls for comment on this story. A McCarthy spokesman, Shams Tarek, said the congresswoman is now working on new legislation to “provide more incentives and stiffen penalties for states to put names in the database.”
“We definitely think there’s a lot of room for improvement,” said Tarek.
The NRA supported Dingell and McCarthy’s version of the bill, but the group won further concessions when the legislation reached the Senate.
Sen. Tom Coburn (R-OK) who once joked he’d like to bring a gun with him to the Senate floor, blocked the legislation, citing concerns about privacy and spending.
He negotiated language that, among other things, would allow a person’s application for gun rights restoration to be granted automatically if an agency didn’t respond within 365 days of the application and allowed people to have their attorney’s fees reimbursed if they were forced to go to court to restore their rights.
The final bill was sent to President Bush for his signature in January, 2008.
The NRA praised Coburn and released a statement calling the law a victory for gun owners: “After months of careful negotiation, pro-gun legislation was passed through Congress today.” (The NRA didn’t respond to calls for comment.)
In an email, a Coburn spokesman told ProPublica that the senator “does not operate as an agent of the NRA when considering legislation regarding gun rights” and pointed to a recent statement on the president’s gun proposals. (In the statement, Coburn said he supports improving the mental health database, but said overall, “we first must ensure our Constitutional rights and individual liberties.”)
Since the bill’s passage, two analyses have shown that National Instant Criminal Background Check System (NICS) database has significant gaps, partly because of the way the NRA managed to tweak the legislation. Many states aren’t sharing all of their mental health records.
A July 2012 report by the Government Accountability Office, the investigative arm of Congress, found that while the overall number of records increased exponentially since the law passed, the rise is largely due to cooperation from just 12 states.
The nonprofit group Mayors Against Illegal Guns also released a report in 2011 showing that many states have failed to fulfill their obligations to report data on the mentally ill to the federal government. While Virginia and a few others have disclosed tens of thousands of records, 23 others and the District of Columbia reported fewer than 100 records. Seventeen states reported fewer than 10 records and four submitted no data at all.
“Millions of records identifying seriously mentally ill people and drug abusers as prohibited purchasers are missing from the federal background check database because of lax reporting by state agencies,” the report said.
According to the report, the reasons for such uneven compliance vary by state. Some states don’t turn over data because their privacy laws prevent them from doing so. Some states have a different interpretation on what kind of data needs to be provided, or what, exactly, constitutes “mentally ill” or “involuntarily committed.”
Still others simply can’t afford the expense of gleaning the data from the courts, providing it to the relevant state agency and then passing it on to the federal government.
The NRA-backed language creates problems for these states.
As a New York Times investigation found, many states haven’t qualified for federal funding to share their data because they haven’t established gun rights restoration programs.
In 2012, only 12 states received federal grants, according to the Bureau of Justice Statistics.
A Coburn spokesman pointed out that some states have had trouble setting up restoration programs because gun control advocates in those states have protested them.
While mental health data has remained sparse, some states have made it easier for the mentally ill to restore their gun rights. As the Times noted, in Virginia some people have regained rights to guns by simply writing a letter to the state. Other Virginians got their rights back just weeks or months after being hospitalized for psychiatric care.
It’s difficult to know just how many people in Virginia have had their gun rights restored because no agency is responsible for keeping track.
Despite the limitations of the mental health database, some gun control advocates still see it as better than nothing.
“The fact that so many states have been able to get so many records into the database does demonstrate a willingness on the part of certain groups to work on this issue and that’s a good sign. The others really need to step up,” said Lindsay Nichols, a staff attorney at the San Francisco-based Law Center to Prevent Gun Violence.
The group, then known as the Legal Community Against Violence, was one of several gun control organizations that opposed the legislation when it was first signed into law.
Nichols is optimistic that the NRA won’t succeed in commandeering the gun control debate the way the group did after Virginia Tech.
“I think there’s new awareness among the public and legislators that we need to take this issue seriously and it’s not an issue where the public is going to accept political wrangling.”
By: Joaquin Sapien, ProPublica, January 25, 2013
“The Single Lethal Thread”: High-Capacity Magazines Put The “Mass” In Mass Shooting
Semiautomatic firearms with the capacity to accept a detachable high-capacity ammunition magazine are the single lethal thread that runs through the vast majority of mass shootings in the United States. From Cleveland Elementary School, in Stockton, Calif., where in 1989 Patrick Purdy opened fire with an AK-47 assault rifle equipped with a 75-round drum ammunition magazine on teachers and schoolchildren leaving five victims dead and 30 wounded, to the Sandy Hook Elementary School where Adam Lanza used a Bushmaster assault rifle equipped with a 30-round magazine to kill 20 grade schoolers and school staff, this lethal combination is what has defined our nation’s most horrific mass shootings.]
On January 3, 2013, Democratic Reps. Diana DeGette of Colorado and Carolyn McCarthy of New York introduced legislation to ban high-capacity ammunition magazines. The bill would ban the sale and transfer of ammunition magazines with a capacity greater than 10 rounds. Both lawmakers know all too well the damage high-capacity ammunition magazines can inflict. In 1993, McCarthy lost her husband in a mass shooting on the Long Island Railroad, where Colin Ferguson, armed with a 9mm Ruger pistol and four 15-round ammunition magazines, opened fire on commuters, killing six and wounding 19. DeGette’s congressional district was the site of the 1999 Columbine High School massacre, where Eric Harris and Dylan Klebold armed with guns that included an Intratec TEC-DC9 assault pistol and high-capacity ammunition magazines killed 13 and wounded 23. In July 2012, James Holmes armed with firearms that included a Smith & Wesson M&P15 assault rifle equipped with a 100-round drum magazine, opened fire at the Century Aurora 16 movie theater near Representative DeGette’s district, killing 12 and wounding 58.
As McCarthy stated in announcing the introduction of the bill last week, high-capacity ammunition magazines “help put the ‘mass’ in ‘mass shooting.'”
By: Josh Sugarman, Executive Director, Violence Policy Center; Published in Washington Whispers, Debate Club, January 8, 2013
“Looking For America”: We’re Doing This To Ourselves Because We Don’t Know Who We Are Anymore
“I’m sorry,” said Representative Carolyn McCarthy, her voice breaking. “I’m having a really tough time.”
She’s the former nurse from Long Island who ran for Congress in 1996 as a crusader against gun violence after her husband and son were victims of a mass shooting on a commuter train. On Friday morning, McCarthy said, she began her day by giving an interview to a journalist who was writing a general story about “how victims feel when a tragedy happens.”
“And then 15 minutes later, a tragedy happens.”
McCarthy, whose husband died and son was critically wounded, is by now a practiced hand at speaking out when a deranged man with a lot of firepower runs amok. But the slaughter of 20 small children and seven adults in Connecticut left her choked up and speechless.
“I just don’t know what this country’s coming to. I don’t know who we are any more,” she said.
President Obama was overwhelmed as well, when he attempted to comfort the nation. It was his third such address in the wake of a soul-wrenching mass shooting. “They had their entire lives ahead of them,” he said, and he had trouble saying anything more.
It was, of course, a tragedy. Yet tragedies happen all the time. Terrible storms strike. Cars crash. Random violence occurs. As long as we’re human, we’ll never be invulnerable.
But when a gunman takes out kindergartners in a bucolic Connecticut suburb, three days after a gunman shot up a mall in Oregon, in the same year as fatal mass shootings in Minneapolis, in Tulsa, in a Sikh temple in Wisconsin, in a theater in Colorado, a coffee bar in Seattle and a college in California — then we’re doing this to ourselves.
We know the story. The shooter is a man, usually a young man, often with a history of mental illness. Sometimes in a rage over a lost job, sometimes just completely unhinged. In the wake of the Newtown shootings, the air was full of experts discussing the importance of psychological counseling. “We need to look at what drives a crazy person to do these kind of actions,” said Representative Cathy McMorris Rodgers of Washington, one of the highest-ranking Republicans in the House.
Every country has a sizable contingent of mentally ill citizens. We’re the one that gives them the technological power to play god.
This is all about guns — access to guns and the ever-increasing firepower of guns. Over the past few years we’ve seen one shooting after another in which the killer was wielding weapons holding 30, 50, 100 bullets. I’m tired of hearing fellow citizens argue that you need that kind of firepower because it’s a pain to reload when you’re shooting clay pigeons. Or that the founding fathers specifically wanted to make sure Americans retained their right to carry rifles capable of mowing down dozens of people in a couple of minutes.
Recently the Michigan House of Representatives passed and sent to the governor a bill that, among other things, makes it easy for people to carry concealed weapons in schools. After the massacre at Sandy Hook Elementary School Friday, a spokesman for House Speaker Jase Bolger said that it might have meant “the difference between life and death for many innocent bystanders.” This is a popular theory of civic self-defense that discounts endless evidence that in a sudden crisis, civilians with guns either fail to respond or respond by firing at the wrong target.
It was perhaps the second-most awful remark on one of the worst days in American history, coming up behind Mike Huckabee’s asking that since prayer is banned from public schools, “should we be so surprised that schools would become a place of carnage?”
We will undoubtedly have arguments about whether tougher regulation on gun sales or extra bullet capacity would have made a difference in Connecticut. In a way it doesn’t matter. America needs to tackle gun violence because we need to redefine who we are. We have come to regard ourselves — and the world has come to regard us — as a country that’s so gun happy that the right to traffic freely in the most obscene quantities of weapons is regarded as far more precious than an American’s right to health care or a good education.
We have to make ourselves better. Otherwise, the story from Connecticut is too unspeakable to bear.
Nearly two years ago, after Representative Gabrielle Giffords was shot in the head in a mass shooting in Arizona, the White House sent up signals that Obama was preparing to do something. “I wouldn’t rule out that at some point the president talks about the issues surrounding gun violence,” said his press secretary at the time, Robert Gibbs.
On Friday, the president said: “We’re going to have to come together and take meaningful action to prevent more tragedies like this, regardless of the politics.”
Time passes. And here we are.
By: Gail Collins, Op-Ed Columnist, The New York Times, December 14, 2012
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