“Georgia Legislature Considers Repealing Basically All Gun Laws”: It’s Way, Way Too Hard To Procure And Go Everywhere With A Gun
This probably won’t come as news to Salon’s readers in the state of Georgia, but it turns out it’s way, way, way too hard in the Peach State for one to procure and go everywhere with a gun. So the state Legislature, keeping its eyes firmly fixed on the real issues that matter, is on the verge of remedying this grave injustice by eliminating seemingly every single law regulating firearms in Georgia (which, considering this is Georgia, might not be quite as much work as it seems).
According to a report in Mother Jones, state lawmakers may soon pass the “Safe Carry Protection Act” (HB 875), a law that would not only expand Georgia’s “stand your ground” law but would also:
-Remove the fingerprinting requirement for gun license renewals
-Prohibit the state from keeping a gun license database
-Tighten the state’s preemption statute, which restricts local governments from passing gun laws that conflict with state laws
-Repeal the state licensing requirement for firearms dealers (requiring only a federal firearms license)
-Expand gun owner rights in a declared state of emergency by prohibiting government authorities from seizing, registering, or otherwise limiting the carrying of guns in any way permitted by law before the emergency was declared
-Limit the governor’s emergency powers by repealing the ability to regulate the sale of firearms during a declared state of emergency
-Lower the age to obtain a concealed carry license from 21 to 18 for active-duty military and honorably discharged veterans who’ve completed basic training
-Prohibit detaining someone for the sole purpose of checking whether they have a gun license
As if all of that weren’t enough, MoJo reports that the bill would also so broaden the state’s SYG regulations that even a person using a gun he does not legally hold would be allowed to claim a SYG defense.
In response to the bill’s pending passage, Lucia McBath, the mother of Jordan Davis, the 17-year-old boy whose killer got off using a SYG defense, wrote a critical Op-Ed in the Savannah Morning News. “I believe Florida’s Stand Your Ground law, and the aggressive culture it fosters, is the reason my son is not here today,” wrote McBath. “Our legislature is looking to expand this dangerous law even further. Legislation here in Georgia, HB 875, would extend our state’s Stand Your Ground law to protect felons who kill using illegal guns.”
“The last thing our families need is for criminals to be shielded by this law,” she added.
The legislation passed the House overwhelmingly in February and moved to the state Senate, where it went into committee. But in a strategic move on Tuesday, House Republicans revised the bill and then tacked it onto a separate piece of legislation, HB 60, which would allow some judges to carry guns. The move accomplished two things: First, it allowed the bill to bypass committee and go to the Senate floor for an immediate vote because HB 60 had already been approved by both the House and Senate. Second, the revision did away with a provision that would have decriminalized carrying guns on college campuses—the bill’s supporters knew that the Senate had struck down a similar legislative effort at the end of last year’s session due to a campus carry statute.
By: Elias Isquith, Salon, March 13, 2014
“Yet Again, Money Influencing Politics”: How The Gun Lobby Became A Threat To Public Safety
Just a generation ago, the NRA was a nonpartisan and relatively non-ideological organization that advocated for responsible and safe gun ownership in addition to defending gun rights.
But in its 20 years under the leadership of chief executive Wayne LaPierre the organization has become another cog in the broader conservative advocacy machine.
At the same time, with gun ownership declining, the organization has come to rely less on its members’ dues and more on firearm manufacturers, which now account for over half of the NRA’s revenues according to Walter Hickey at Business Insider.
The gun lobby also lost a key element of what had long been its defining mission: Guns remain a hot-button topic for political debate, but in the courts the issue has largely been settled. Gun rights won.
In 2010, the Supreme Court settled a long-standing debate about whether the Second Amendment conferred an individual right to bear arms or only applied to, as the Constitution reads, “a well-regulated militia.” The court ruled that the right to own firearms, while not without limits, is as integral as the right to free speech or the free exercise of religion. Since then, a number of municipal bans on firearm ownership have been overturned — most recently when a federal court struck down a California law that allowed counties to restrict the concealed carry of guns.
But the gun makers’ lobby remains strong and well-financed, and it has an institutional imperative to keep lobbying. It is now in the business of selling guns by promoting the idea that we can never have too many, nor should there be any public places where firearms aren’t welcome — and by spinning conspiracy theories about various imagined plots to disarm law-abiding Americans.
Today, the NRA and its political allies promote such policies as allowing concealed weapons in bars, allowing the blind to carry firearms (“Blind gun user Michael Barber said: ‘When you shoot a gun, you take it out and point and shoot, and I don’t necessarily think eyesight is necessary’”), making it a felony for doctors to discuss gun safety with their patients (never mind the First Amendment) and barring private firms from telling their employees to keep their guns at home.
Pro-gun lawmakers have gotten the message. Last month, five Republican legislators in Washington State introduced a bill that would exempt all firearms and ammunition from the state’s sales tax. Now in theory at least, one reason for tax breaks is to encourage some social good. For example, 20 years of tax credits have played a role in the exponential increase of wind energy production in the US. Yet here was a proposed tax break that would only encourage the sale of more guns in a country that’s already bristling with them.
These laws are predicated on the belief that more guns make a society safer. One of the cosponsors of the Washington State bill, Matt Shea (R-Spokane Valley) told a local conservative talk radio host, “It’s beyond a shadow of a doubt: More firearms in a society cuts crime in that society.” (In fact, according to the UN, the US is believed to lead the world in private gun ownership and has the highest total crime rate among wealthy countries.)
Kentucky lawmakers proposed a similar measure back in December, and in Kansas, the belief that more guns mean more safety forms the basis of a law that only permits local officials to bar firearms from public buildings if they install costly metal detectors or hire security guards. In South Carolina, Governor Nikki Haley is backing a law that would allow people to carry concealed guns without a permit or any safety training.
The problem is that this faith in guns for security, like global warming denialism, flies in the face of a mountain of serious, peer-reviewed research.
Last month, the Annals of Internal Medicine published a study conducted by epidemiologists at the University of California, San Francisco (UCSF) finding that access to a firearm makes an individual almost twice as likely to become the victim of a homicide and three times more likely to commit suicide.
Previous studies had found that countries with higher rates of gun ownership also have higher rates of gun deaths and that states with more guns have higher homicide rates. But gun advocates dismissed those studies because they didn’t account for illegal gun sales. (The National Rifle Association’s side of the scholarly debate rests largely on the discredited and allegedly fraudulent work of economist John Lott.)
The UCSF study took a different approach, starting with a dead body and working backwards to see whether that person owned or had access to a firearm, legal or illegal. The study was a meta-analysis combining data from 15 previous, peer-reviewed papers.
It also found a significant gender gap in terms of homicide: Men with access to a gun were 29 percent more likely to be a victim of homicide, while women with a gun close at hand were almost three times more likely to be murdered. The report cited previous studies that found that most female murder victims knew their assailant, and three-quarters of women killed with a gun died in their own homes. Researchers concluded that the presence of guns may make impulsive killings during domestic disputes more common.
Another soon-to-be-published study may provide the most compelling evidence to date that looser gun laws lead to more bloodshed. Researchers at the Johns Hopkins Bloomberg School of Public Health were able to conduct a natural experiment in Missouri after the state repealed a law requiring handgun purchasers to get a license and pass a background check in 2007. According to the study’s authors, repealing the law “contributed to a sixteen percent increase in Missouri’s murder rate.”
That translated into 55 to 63 more murders per year in Missouri between 2008 and 2012, despite the fact that during the same period, “none of the states bordering Missouri experienced significant increases in murder rates and the U.S. murder rate actually declined by over five percent.” The increase in murders began in the first full year after the state’s licensing requirement was repealed, and the researchers “controlled for changes in policing, incarceration, burglaries, unemployment, poverty, and other state laws adopted during the study period that could affect violent crime.”
The conclusions presented in these studies, along with previous research, fly in the face of the persistent claim that more guns make a society safer. But this is as much a story of money influencing politics as anything else. With supporters like Springfield Armory, Inc, Pierce Bullet, Seal Target Systems, Beretta USA Corporation, Sturm Rugar & Co and Smith & Wesson, public safety simply isn’t a high priority for the gun lobby.
By: Joshua Holland, Moyers and Company, Bill Moyers Blog, March 4, 2014
“New Study Makes The Case For Gun Control”: The Strongest Evidence We Have That Background Checks Really Matter
During last year’s battle over gun control, the pro-gun side did more than passionately invoke the Second Amendment: They claimed that gun control doesn’t work. Sometimes even the reformers, surveying the limited impact of legislation from the 1990s, feared the same. But a new study on universal background checks makes the strongest case yet that the policy saves lives. “This is probably the strongest evidence we have that background checks really matter,” said Philip Cook, a gun expert at Duke’s Sanford School of Public Policy.
The study, from the Johns Hopkins Center for Gun Policy and Research, found the murder rate in Missouri jumped 16 percent—an additional 55 to 63 murders a year—after the repeal in 2007 of a state law that required anyone purchasing a handgun to obtain a permit showing they had passed a background check. (Though federal law mandates background checks by licensed dealers, private dealers don’t have to perform them in all but 14 states.) “This study provides compelling confirmation that weaknesses in firearm laws lead to deaths from gun violence,” said Daniel Webster, the study’s lead author, in a statement.
Since this is only a single study, “it’s just suggestive,” warned David Hemenway of Harvard’s School of Public Health. It is “another piece of evidence that is consistent with the bulk of the literature, which shows where there are fewer guns, there are fewer problems… But you want eight more studies that say background checks really matter.”
And the study isn’t perfect: Missouri also enacted a “stand your ground” law in 2007, creating some challenges in disentangling the effects. But Cook said he is confident that background checks played a major role because the authors tracked an increase in guns that went directly from dealers to criminals—exactly the scenario background checks are designed to prevent. The study also notes an uptick in guns “purchased in Missouri that were subsequently recovered by police in border states that retained their [permit-to-purchase] laws.”
The findings at least begin to fill a gap in the research that last year’s debate exposed. Mayors Against Illegal Guns, Michael Bloomberg’s gun control group, found that the shortage of data stems from a shortage of funding—especially federal funding. In 1996, the National Rifle Association and the gun lobby pushed Congress to eliminate the $2.6 million appropriation that underwrote the Center for Disease Control’s research on firearm injuries. President Barack Obama ended the funding freeze last year, and Garen Wintemute, director of the Violence Research Program at the University of California, Davis, told NBC that private funding for gun research has also spiked with the shooting of Congresswoman Gabrielle Giffords and other high-profile acts of violence.
So why hasn’t the new finding gotten much attention? “I don’t mean to diminish the value of the study, but I don’t think it could have made a difference last year, and I don’t think it will now,” said Tom Diaz, a former policy analyst at the Violence Policy Center. He called the finding “very clear,” but added: “The debate is just unhinged from the facts.”
As the study notes, 89 percent of Americans, and 84 percent of gun owners, supported universal background checks in 2013, before this study bolstered the argument for them. But that’s just one more reason for Congress to pick up the issue again—that, and a new analysis last week which found there have been 44 school shootings since the one at Sandy Hook Elementary School in Newtown, Connecticut.
By: Nora Caplan-Bricker, The New Republic, February 19, 2014
“Lives In The Balance”: Smoking Guns, The Deafening Silence Of The Assault Weapons Makers
When I hear about another military-style assault-weapon tragedy, I can’t help thinking about cigarettes.
It’s faded a bit into history now, but it was roughly 20 years ago that the heads of seven major tobacco companies were called before Congress to testify in hearings about regulating their products.
History was made when, one by one, they testified under oath that they, personally, did not believe nicotine is addictive – even though their scientists had generated box cars of data showing that creating addiction was precisely the point. One by one, the CEOs willfully deceived Congress in a roll call of commercial infamy: Philip Morris, RJ Reynolds, U.S. Tobacco, Lorillard, Liggett, Brown and Williamson, American Tobacco.
By the time the hearings were over, the CEOs were being called “The Seven Dwarfs.”
So, from cigarettes to guns: Where is that public debate with the makers of hollow point bullets, high capacity magazines, and weapons designed to harm and kill human beings as quickly as possible?
(By the way, if you want to wade into these waters, keep your facts straight. A fully automatic weapon fires bullets as long as you hold down the trigger. They’re not illegal, but they are highly regulated. A semiautomatic weapon fires as fast as you can pull the trigger. You can get one at Walmart. There is no technical definition of assault weapon, but it generally refers to both automatic and semiautomatic rifles. In fact, the very complexity of the 1994 federal assault weapons ban riddled it with so many exceptions that it proved largely ineffective.)
I’ve posed that question of the cigarette maker-gun maker connection in various forums, and I get some interesting, angry, and often logic- twisting responses.
Among my favorites:
– You can’t compare cigarettes and assault weapons. Cigarettes harm and kill a lot more people. Accountability for these two product-related deaths tolls, then, is a matter of degree.
– Why not regulate blunt instruments? More people are killed by hammers each year than by guns – including assault weapons. The fact is: if you torture the data long enough you can make it confess to anything. And there is no doubt that there is a cottage industry on both sides in making statistics fit arguments.
But missing in those arguments: of all the implements used to kill people — knives, fists or a handy vase – only guns are created to do exactly that, and only assault weapons are manufactured expressly to do that as quickly as possible. Seriously – could Adam Lanza have dispatched 26 innocent souls in Newtown in five minutes with anything but an assault weapon?
And of course, there is the second amendment. I won’t try to imagine what was in the minds of the Founding Fathers. But I’m going to guess their thinking did not include high-capacity magazines (the ones Lanza carried held 30 bullets each) that serve up a new bullet as soon as the previous one is fired, and bullets designed to explode inside your body.
Still, as we debate statistics and parse definitions, the public is largely unaware of the companies that are making the weapons that are the subject of the debate. And that is exactly as intended.
Who can come up with the names of the top makers of semi-automatic weapons: like Bushmaster, Sig Sauer, Colt, Smith & Wesson, ArmaLite, DPMS and others?
The reason most people can’t name these companies is because of a very slick sleight of hand – executed flawlessly by NRA’s Wayne LaPierre, the gleefully belligerent face of the NRA who expertly draws attention away from the industry he represents.
LaPierre is very good at a job he is paid a lot of money to do. As long as we’re talking about his outrageous bluster, we’re not talking about the people who make a lot of money from the products he wants to keep on shelves of the local sporting goods store and laid out at gun shows.
His ability to do that is increasingly important to the industry. As hunting declines, so do rifle sales – even with periodic spikes driven by fears of gun restrictions. Long term, how do you replace that? A report from the Violence Policy Center argues that selling military-style assault rifles – re-branded as “modern sporting rifles” – to civilians has been a key part of the industry’s marketing strategy since the 1980s. Women, say gun control advocates and the industry alike, are a high marketing priority. The gun makers insist it’s for their protection. The lethal AR-15 (used in both the Aurora and Newtown killings) comes in pink. (Available now at Gun Goddess.com)
As the debate over assault weapons rages on, the deafening silence of the gun makers reminds me of a lyric in the Jackson Brown song – “Lives in the Balance.” “I want to know who the men in the shadows are. I want to hear somebody asking them why.”
Those who have been killed and injured by weapons made expressly for that purpose deserve no less.
By: Peggy Drexler, Assistant Professor of Psychology at Weill Medical College, Cornell University; Time Magazine, January 17, 2014
“The Killer Who Supports Gun Control”: We Parade Through Life To The Relentless Drumbeat Of Death
A year ago, America was shocked by the murder of 26 children and adults at Sandy Hook Elementary School. But momentum to take action has faded, and we still lose that many lives to gun violence every eight hours on average.
The price of our gun policy can be seen in this breathtaking statistic: More Americans have died from guns here in the United States since 1970 (nearly 1.4 million) than American soldiers have died in all the wars in our country’s history over more than 200 years (about 1.2 million).
Those gun killings have been committed by people like John Lennon (his real name, but no relation to the Beatles star), who, in 2001, used an assault rifle to shoot an acquaintance dead in a quarrel over drugs. Lennon is now locked up at Attica Correctional Facility in Attica, N.Y., and he underscores that while people kill people, so do guns.
“I do take responsibility for the murder; I’m sorry for taking his life, and all the life he could have had,” Lennon writes in an essay that he sent me out of the blue and that I’ve published on my blog. “But without a gun, I would not have killed.”
Lennon says that only “that perfect killing machine” of a gun assured that the murder would succeed.
“Could I have stabbed him?” he adds. “Strangled him? Bludgeoned him? If I had done so and he hadn’t died, why would that have made me less culpable than I am now, a man who swiftly and cowardly shot another man to death? A killer nonetheless, I hash these things out, in my head, in my cell, in Attica serving 28 years to life.”
Lennon does not deny that people will still try to kill each other without guns. Indeed, he knows that firsthand, for he writes about being the target of a revenge attack:
“He sneaked upon me in the prison yard like I sneaked upon his friend in a Brooklyn street. When I turned, I saw his arm swing for my neck. I weaved. Then I felt the piercing blows, as he gripped my shirt and dug into my side. Pressured by the blood-thirsty crowd, he stabbed me six times because I shot his friend to death. The ice pick didn’t do the job, though. He got away with it because we were in a blind spot of the yard, and I never told on him. Prison ethics. While my assailant’s intent was clear, the weapon he had access to was insufficient. Therefore I lived.”
“It’s clear that the only reason I’m alive is because my assailant didn’t have his weapon of choice,” he adds. “Can you imagine if we had access to guns in prison?”
Lennon says that he has been tempted to commit suicide but that hanging himself — the best option in prison — is grim and difficult. So he settles for living. Indeed, he notes the irony that it is only because he is in a safe refuge without guns that he has not been murdered or killed himself; at large, he believes he would be dead.
In quoting a murderer and publishing an essay by him on my blog, I’m not diminishing his crime or romanticizing it. But Lennon speaks a blunt truth that Washington politicians too often avoid.
“I’m all for the market system,” Lennon says, “but when the products are killing machines, why shouldn’t we tighten measures to keep guns out of the hands of people like me?”
He’s right. Take cars, which are also potentially lethal instruments ubiquitous in America. We’ve undertaken a remarkable half-century effort to make automobiles far, far safer — and that is precisely the model for what we should do with guns. We’ve introduced seat belts, air bags, prominent brake lights and padded dashboards. We’ve cracked down on drunken drivers, improved road layouts and railings, introduced graduated licenses for young drivers and required insurance for drivers.
The upshot is that we have reduced the vehicle fatality rate per 100 million miles driven by more than 80 percent — so that firearms now claim more American lives each year than vehicles.
We need to approach gun safety in the same meticulous way we approach safety in motor vehicles and so many other aspects of life: It’s ridiculous that a cellphone can require a code to use, but a gun doesn’t.
One of the heroes at Sandy Hook was Victoria Soto, a 27-year-old teacher who was killed while trying to hide and protect her students. It would be nice if Washington could show a fraction of that courage, but instead, on this issue of guns, politicians display paralysis and fecklessness. So, as Lennon writes, and he should know: “we parade through life to the relentless drumbeat of death.”
By: Nicholas D. Kristof, Op-Ed Columnist, The New York Times, December 14, 2013