“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 Elephant Doesn’t Exist”: Guns And The Tyranny Of Extreme Rhetoric
Let’s say you’re making lunch in the kitchen while your kids play in the living room. When you come in with their mid-day meal, the place is a disaster. You look at them. They look at you. And before you know it they’re blurting out something like “the elephant did it!”
Now, I suppose there’s something to be said for that argument. It takes a quick wit. Or at least a keen sense of mammalogy. But it’s got one fundamental flaw: There is no elephant. And you know that’s true no matter how hard they argue otherwise.
These days, some on the right have seized on an invisible elephant all their own. They’ve named him Tyranny, and to hear them tell it, he’s big, he’s scary, and he’s tearing up the place. The problem, of course, is that he doesn’t exist—but that hasn’t stopped them from trying to convince the rest of us that he does.
Their latest effort came in the form of a Scott Rasmussen poll that found “65 percent See Gun Rights As Protection Against Tyranny.” If it’s true, that’s quite a finding. It means most of us believe that our government may descend into tyranny and that guns are the right way to protect ourselves from that eventuality.
Of course, there’s good reason to doubt Rasmussen: His polls reliably lean to the right. But for the sake of argument let’s take his findings on their face. How should we reconcile them with the great many other polls that suggest broadening support for gun control? The 55 percent in a CNN/Time poll who say gun controls should be tightened. The 58 percent in an ABC/Washington Post poll who back an assault weapons ban. The 63 percent in a CBS/New York Times poll who support banning high capacity magazines. The 78 percent in the same poll who favor creating a database to track all gun sales in the United States.
If you take the Rasmussen poll on the one hand and all the other polls on the other, it can only mean that there are many millions of us who somehow believe both that Americans need guns to protect ourselves from a government that may turn tyrannical and that we should make it harder for Americans to get guns. This is a, ahem, nuance that Rasmussen fails to address.
And then of course, there’s this: According to a recent Pew survey, only 33 percent of Americans have a gun in their home at all. If so many of us really think that tyranny looms and that guns are our protection but so few of us actually own them…well, we must be a pretty self-destructive lot.
As it happens, there was another poll in the field at around the same time as Rasmussen’s that was about the same issue, and conducted by a similarly conservative pollster—Wenzel Strategies (the pollster for Kentucky Sen. Rand Paul, among others). Wenzel asked respondents whether they believed the Second Amendment “exists to allow Americans to have small arms for hunting and self-protection” or “to give Americans the ability to defend themselves against government if it becomes tyrannical?” The results? Forty-seven percent said it’s just for hunting and self-protection. A whopping 8 percent said it’s just to defend against tyranny. And 40 percent said all of the above.
In other words, two polls that can be relied on to skew right, but on the question of tyranny and guns, Rasmussen’s big majority turns into Wenzel’s minority. And a less partisan researcher would presumably find that support is actually significantly lower than is suggested in both.
None of this, however, put the brakes on the Rasmussen poll among the conservative press and punditry. Breitbart, NewsMax, FreedomWorks, etc. all quickly linked to or posted stories like the one Katie Pavlich authored at TownHall.com reporting that “an overwhelming majority of Americans believe the Second Amendment and gun rights are necessary to protect against tyranny.”
Look, I don’t put any more stock in Wenzel than I do Rasmussen. In my view, they both poll in the service of ideology rather than in an effort to uncover actual attitudes and beliefs. (Wenzel used his findings, for example, to suggest that we are more at risk of tyrannical takeover precisely because we don’t think it’s going to happen. Sigh.) And I have no doubt that there are those who actually believe that tyranny is in the offing. But the fact is, most of us, regardless of our political or ideological stripe, don’t believe that. We know the difference between our government and that of other countries in world, between Saddam Hussein and John Boehner. The former subjected Iraqis to years of death squads and oppression. That’s a tyrant. The latter’s subjected Americans to years of weepy incompetence. That’s irritating.
That doesn’t make the tyrannists’ rhetoric any less insidious, however. In asking us to conceive of an America that is profoundly different from the one in which we actually live they seek to conform our public policy to threats that exist only in some kind of make-believe place. When they are successful, the mainstreaming of lunatic ideas (like: We live under the threat of tyranny) makes possible ever more extreme policies (like: We all must have the right to semi-automatic weapons). And when we let that happen, nightmares of a very different kind than those conjured up by the ideologues really do come true.
When you take the invisible elephant out of your living room, you can clearly see what caused the mess (your kids.) And when you take the false threat of tyranny out of the equation, the case against assault weapons is pretty clear too (we don’t need them).
The elephant doesn’t exist. And it’s time for us to say so.
By: Anson Kaye, U. S. News and World Report, January 24, 2013
“Evidence And Logic Are Beside The Point”: Newtown Truthers Follow The NRA’s Playbook
Conceived in a dream of reason, what the Internet too often reveals is mass credulousness and fathomless irrationality. According to Salon’s Alex Seitz-Wald, a video depicting the Newtown, CT elementary school massacre as a government-sponsored hoax has drawn 8.5 million views on YouTube.
No doubt many viewers were drawn by idle curiosity or sheer incredulity. What would “evidence” for so transparently preposterous an allegation consist of? Nevertheless, there appear to be thousands of True Believers.
Try googling “Emilie Parker alive,” to sample the crazy.
Adepts claim that a photograph of a young girl sitting in President Obama’s lap reveals that six-year-old Emilie Parker was not murdered along with 19 classmates at Sandy Hook elementary as reported. Supposedly, the photo reveals a telltale blunder.
In reality, the child in the photograph is Emilie’s little sister, Madeline.
But why go on? There’s plenty more in the same dogged, delusional vein. Debunk one aspect of the conspiracy, and a dozen absurdities replace it. To anybody capable of imagining that staging the Sandy Hook tragedy would even be possible—requiring, as it would, the active cooperation of half the population of Connecticut—mere evidence and logic are beside the point.
Maybe we shouldn’t be surprised. Apart from religion, more Americans appear to be nuts on the subject of guns than all other topics. The National Rifle Association has raised and spent millions in recent years peddling scare stories about President Obama’s secret plan to abolish the Second Amendment, confiscate everybody’s deer rifles and set up a gun-free dictatorship.
Newtown conspiracy theories are only incrementally madder spinoffs of the NRA’s master narrative. Yet its leaders are treated as VIPs in newsrooms and TV studios. Why?
To Believers, guns have become fetish objects in American popular culture, having magical potency. Witness Bushmaster Firearms’ advertising its .223 caliber AR-15—Newtown killer Adam Lanza’s weapon—with the slogan: “Consider your Man Card reissued.”
Viagra ads are more subtle.
Hence conversations with gun cultists tend to be conducted in the dualistic, all-or-nothing terms of fundamentalist theology. Although polls have shown that large majorities of gun owners favor, for example, improved background checks to make it harder for criminals and severely mentally ill people to acquire deadly weapons, cultists see all such legislation in apocalyptic terms. All regulation amounts to total confiscation.
Hollywood’s equally to blame. About half the emails I get on this topic invoke the Red Dawn fantasy, although it’s not foreign communists people imagine taking to the hills to fight. It’s mainly tyrannical US government SWAT teams intent upon seizing their personal arsenals and making them eat arugula that they’re determined to repel by force of arms.
I’m always tempted to warn these jokers that I’ve forwarded their messages to the Obama White House for inclusion on Big Brother’s Hellfire drone strike list, but I’m afraid most wouldn’t get the joke. Tanks, helicopter gunships and drones have pretty much put an end to the adolescent fantasy of plucky survivalists taking on the U.S. Marines. Everywhere except in movies and at certain kinds of gun shows, that is.
Then there are the Lethal Weapon/Die Hard revenge comedies I’m partial to myself: the Clint Eastwood, Mel Gibson, Bruce Willis vehicles where a wisecracking hero and his plucky sidekick shoot their way through legions of wicked, heavily armed villains with universally poor marksmanship.
Let’s put it this way: Ever seen a headline like this? “LAPD Detective Kills 17 Gangsters in Nightclub Shootout” (Lethal Weapon) Or this? “Vacationing Cop Foils Xmas Plot; 34 Terrorists Slain.” (Die Hard)
Of course not. Because the working part of your brain understands that these films bear approximately the same relationship to reality as a Roadrunner cartoon.
Sometimes I think it’s mainly about the wisecracks.
“Go ahead, make my day.” The average dweeb wishes he could say something so clever to a rude supermarket bag boy, much less to a lone demento with a .357 mag.
However, deep in many of our lizard brains the Dirty Harry fantasy lurks nevertheless. NRA president Wayne LaPierre invoked it during his notorious Newtown press conference. You know, the bit about a good guy with a gun shooting it out with a bad guy with a gun—inside a first-grade classroom.
That’s why the single most useful piece of journalism since Newtown may be Amanda Ripley’s “Your Brain in a Shootout: Guns, Fear and Flawed Instincts.” Writing for Time, Ripley interviewed highly trained, experienced cops and soldiers who talked to her bluntly about the crazy, jagged chaos of armed combat.
“[R]esearch on actual gunfights,” she writes “the kind that happen not in a politician’s head but in fluorescent-lit stairwells and strip-mall restaurants around America, reveals [that]…Winning a gunfight without shooting innocent people typically requires realistic, expensive training and a special kind of person.”
And normally not the kind of person, oddly enough, that makes an excellent kindergarten teacher.
By: Gene Lyons, The National Memo, January 22, 2013
“A Line In The Sand”: The NRA Won’t Support Arizona’s New Gun Bill
Arizona is a place where you can get a family photograph with Santa holding an AK-47, where state lawmakers point pink pistols at reporters, and where men tote AR-15s to political protests. And if one state representative gets his way, gun-loving Arizonans won’t have to worry about pesky federal gun control laws, because it will be illegal to enforce them.
Republican state Rep. Steve Smith proposed a bill last week that would prohibit public officials in the state from following any federal gun laws or regulations, fearing an effort by the Obama administration to impose harsh new restrictions on firearms. That means no background checks, no restrictions on automatic weapons or grenade launchers, and no prohibition on sale to the mentally ill, unless the state enacts its own restrictions, none of which are laid out in Smith’s bill.
While there is no penalty specified for state and local officials who follow federal law, federal judges or law enforcement agents would face felony charges punishable by up to a year in state prison. “Here’s a line in the sand: Thanks, but no thanks. Stay out with your federal regulations you’re going to impose on us,” Smith said.
HB 2291 would almost certainly be unconstitutional, as federal law trumps state law, and Smith acknowledged that there would probably be legal challenges that would have to be worked out in the courts. But he appears to be trying to get around this problem by making his legislation apply only to firearms that are manufactured in and never leave the state of Arizona, presumably in an attempt to thwart the Commerce Clause, which allows Congress to regulate interstate trade. Still, the Supreme Court has not been sympathetic to similar arguments.
And the Constitution isn’t Smith’s only problem; he’s catching some friendly fire too. Todd Rathner, an Arizona resident who sits on the board of the National Rifle Association, told the Capitol News Service that he doesn’t like the bill because of what it would do to gun dealers, who must receive federal licenses and comply with federal regulations.
“I worry about putting federal firearms licensees in the middle of a fight between us and the federal government,” he said. “It puts them between a rock and a hard place because they worry about committing a federal crime or a state crime.”
Indeed, Smith’s law specifies that firearms dealers would be barred from following the regulations mandated by the federal government to maintain their license. Still, Rathner said of Smith’s proposal, “I like the message he’s trying to send.”
Arizona isn’t the only state considering what amounts to a lite form of secession over guns. In Mississippi, Gov. Phil Bryant and state House Speaker Philip Gunn have both said they intend to block any new Obama executive orders on gun control. South Carolina lawmakers have made similar moves as well. But Arizona’s law goes much further, by not only restricting new regulations but also all existing ones, targeting “any act, law, statute, rule or regulation” from Washington on guns.
Also, keep in mind that the NRA’s objection to the legislation is not that it is unconstitutional or that it might make it easier for criminals to acquire weapons, but that it would hurt firearms dealers. If Smith rewrote the law to exempt dealers, one wonders if the NRA would be OK with the rest of it.
By: Alex Seitz-Wald, Salon, January 23, 2013
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