“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
“The Infinite Circle Of Black Responsibility”: Part Of The Privilege Of Whiteness Is You Don’t Have To Have Responsibility For Anyone Else
In 2006, after being a United States senator for one year, Barack Obama made an appearance on Meet the Press. After talking about the Iraq War for a while, Tim Russert asked Obama this: “I want to talk a little bit about the language people are using in the politics now of 2006, and I refer you to some comments that Harry Belafonte made yesterday. He said that Homeland Security had become the new Gestapo. What do you think of that?” Obama said he never uses Nazi analogies, but people are concerned about striking the balance between privacy and security. Russert pressed on, asking Obama to take a position on whether some insulting things Belafonte had said about George W. Bush were “appropriate.”
I thought of that interview today as I watched another interview, this one with Bill O’Reilly interviewing White House aide Valerie Jarrett. I bring it up not because it’s important to be mad at Bill O’Reilly (it isn’t), but because it’s yet another demonstration of the rules both prominent and ordinary black people have to live with. Unlike white Americans, they are subject to an entirely different and far more wide-ranging kind of responsibility. A black senator has to answer for the remarks of every black activist, black musicians are responsible for the actions of every wayward teenager, and black people everywhere carry with them a thousand sins committed by others. That burden isn’t just psychological; as we’ve seen in cases like those of Trayvon Martin and Jordan Davis, it can be deadly.
Yesterday, President Obama held an event at the White House called “My Brother’s Keeper,” to encourage people to help create more opportunities for young men of color. Afterward, O’Reilly told Jarrett that on “the streets,” there’s a problematic culture. “It’s not just blacks—it’s the poor, and the hard core, what they call ‘gangstas.'” He went on: “You have to attack the fundamental disease if you want to cure it. Now I submit to you that you’re going to have to get people like Jay-Z, all right, Kanye West, all of these gangsta rappers, to knock it off.”
You may laugh at the idea that disproportionately high levels of incarceration among young black men can be laid at the feet of Kim Kardashian’s husband. And I’m pretty sure that crime in America predates “Straight Outta Compton,” though we might have to look that up. But the truth is that Bill O’Reilly could hear a rap song about butterflies and rainbows, and the first thing to pop into his head would be “gangsta rap!” because it’s black people rapping.
And in this, O’Reilly resembles Michael Dunn, the man who gunned down Jordan Davis over his music. Over and over in his jailhouse writings, Dunn references the “culture” around rap music as one of criminality and danger, citing it as the source of crimes committed by black people. So naturally, when he heard that music coming from the next car over, he thought he was about to be the victim of a drive-by, and the only alternative was to pull out his gun and start firing first.
This is about the collectivization of every misdeed committed by a black person, the way all black people are implicated and have responsibilities imposed on them. When a white man beats his children or kills his wife or robs a liquor store or commits insider trading, nobody tells Bill O’Reilly that he, as a white person, needs to do something about it. And he sure as hell doesn’t go on the air and say that white people need better role models. There isn’t a thing called “white on white crime,” but there is a thing called “black on black crime,” because crimes committed by black people are black crimes, born from blackness and soiling all black people, but crimes committed by white people have nothing to do with the race of the perpetrators; they’re just crimes, no modifier needed.
My guess is that if you asked Bill O’Reilly what responsibility white musicians or white politicians have for the thousands of white crimes committed every year, he would have no idea what you’re talking about. It would sound like gibberish to him. As I’ve written before, a big part of the privilege of whiteness is that you don’t have to have responsibility for anyone else. You can be just yourself. The security guard is not going to follow you around in a store because some other white person shoplifted there last week. A TV host is not going to demand that you defend something stupid another white person said, for no reason other than the fact that the two of you are white. No one is going to think that because of the music you’re playing, it might be a good idea to fire ten bullets into your car.
Creating that broad black responsibility doesn’t just happen, it has to be reinforced and maintained. Nobody does it with more vigor than Bill O’Reilly and the rancid cauldron of race-baiting that is the network for whom he works. The real mystery is why the White House keeps trying to court him. They actually invited him to that event yesterday.
By: Paul Waldman, Contributing Editor, The American Prospect, February 28, 2014
“Unreasonable Absolutist Death Penalties”: The ‘Stand Your Ground’ Mindset Is Flawed
Florida’s “Stand Your Ground” law was not invoked by the defense at either the trial of George Zimmerman or, more recently, Michael Dunn. But the mindset was present in both cases, and raises some troubling questions about what constitutes self-defense.
In the Zimmerman case, the defendant was acquitted of shooting an unarmed teenager, Trayvon Martin, in the chest, arguing that Martin had attacked him. Zimmerman was acquitted.
In the Dunn case, the defendant’s behavior was even more sketchy. He had pulled into a gas station, and – annoyed by what he called the “rap crap” emanating from another car there – asked the four teenagers inside to turn it down. Dunn said 17-year-old Jordan Davis then threatened him and had a shotgun, and Dunn then shot into the car. Prosecutors said there was no threat (there was, in fact, no gun in the boys’ SUV) and merely shot 10 bullets into the car because he didn’t like the loud music.
Davis was killed, and Dunn was convicted of attempted murder of the three surviving teens. The jury deadlocked over whether Dunn was guilty of fist-degree murder of Davis. From a practical standpoint, it may not matter as much – Zimmerman is free, and has spent the time doing such bizarrely inappropriate activities as posing for a photo with a gun manufacturer and getting into a fight with his girlfriend, while Dunn already faces up to 60 years in prison for the attempted murder convictions. But the mindset, that “threat” is in the eye of the shooter, endures.
Florida law says someone does not have an obligation to retreat if he or she “reasonably” believes his or her life is at stake, even if there is no actual threat. (The “Stand Your Ground” law was not specifically invoked at either trial, but the Florida self-defense statute, complete with that language, was read to the jury.) How far does one take that? State of mind is indeed a reasonable factor to consider. But putting the onus on the prosecution to prove that the defendant was not reasonably in fear for his or her life merely enables racism, xenophobia and any other kind of fear-based in bias.
Would a middle-aged white man be more “reasonable” in believing that four black teenagers were a threat, than if the ages and races were reversed? That’s not stated in the law, of course, but juries, which insert their own experiences and fears into their judgments, might think so. A woman has a far greater chance of being raped than any man of any race has of being murdered. Would that make it OK for a woman walking alone to attack or shoot a man walking past her – especially if the man were of the same race, since most rapes are intra-racial?
The problem with the standard of “reasonable” is that it isn’t reasonable at all. It puts law behind emotion and human bias.
In Virginia, current law allows farmers to shoot dogs which run after their chickens, and officers are actually required to kill a dog caught going after someone’s poultry. The state legislature recently cleared a bill that would soften that law, giving urban areas (where more people, it seems, are raising chickens) the right to ease such absolutist death penalties. If Virginia can do more to protect dogs, perhaps Florida could do more to protect people.
By: Susan Milligan, U. S. News and World Report, February 19, 2014
“Repeal Stand-Your-Ground Laws”: We Shouldn’t Have To Wait For Another Death And Controversial Trial
The law is supposed to solve problems, not create them. Laws should provide as much clarity as possible, not expand the realms of ambiguity and subjectivity. Laws ought to bring about the practical results their promoters claim they’ll achieve. And at its best, the law can help us to live together more harmoniously.
By all these measures, “stand your ground” laws are a failure. These statutes make the already difficult task of jurors even harder. They aggravate mistrust across racial lines. They appear to increase, rather than decrease, crime.
We should not have had to go through another racially charged trial in Florida to learn all this. Writing online for The Post, Mark Berman offered a succinct account of the facts of the Michael Dunn case that has aroused so much legitimate passion.
“In November 2012, Michael Dunn shot 17-year-old Jordan Davis in a Jacksonville, Fla., gas station parking lot. Dunn had approached a Dodge Durango holding Davis and three other teenagers and asked them to turn down their music. . . . An argument developed, and Dunn fired 10 times at the vehicle, including multiple shots fired as it pulled away.
“Davis died almost immediately after he was hit. . . . Dunn, who was in town for a wedding, returned to his hotel and drove back home to Brevard County the following morning; he was arrested later that day.” Dunn said he saw a shotgun in the Durango, but there was no evidence of one.
Dunn was convicted on three counts of attempted second-degree murder, but the jury hung on the first-degree murder charge brought in connection with Davis’s death.
The verdict came seven months after George Zimmerman was acquitted in the Sanford, Fla., killing of Trayvon Martin in another case where the stand-your-ground law was at issue. Both Martin and Davis were black teenagers. Should it surprise anyone that many African Americans fear that the law does not protect young males of color when they find themselves in confrontations with whites?
We shouldn’t fault the Dunn jury, which seemed to struggle to reach a just outcome. Unlike Zimmerman, the 47-year-old Dunn was not acquitted and could spend the rest of his life in prison. The jury clearly saw no justification for his firing at a fleeing car. But the stand-your-ground law undoubtedly sowed confusion on the murder count.
Supporters of the law say it was technically not at issue in the case, but this overlooks the obvious role it played in the trial. Cory Strolla, Dunn’s lawyer, mentioned it in his closing argument: “His honor will further tell you,” Strolla said, “that if Michael Dunn was in a public place where he had a legal right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force.” The judge, Russell L. Healey, was required to read the relevant stand-your-ground provisions to the jury.
Florida’s statute allows someone to use force if he or she “reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” The “reasonable belief” standard is not unique to stand-your-ground laws, but it opens a vast loophole for extreme subjectivity when it is applied in conjunction with them. This has created problems that even the law’s supporters should acknowledge.
A comprehensive 2012 examination of the law by the Tampa Bay Times concluded: “Seven years since it was passed, Florida’s ‘stand your ground’ law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.” The law, the Times reporters wrote, has “confused judges” and has “allowed drug dealers to avoid murder charges and gang members to walk free.”
A study by two Texas A&M economists found that such laws “do not deter burglary, robbery, or aggravated assault” but do “lead to a statistically significant 8 percent net increase in the number of reported murders and non-negligent manslaughters.”
Stand-your-ground laws shift the balance of power on the streets to those who carry weapons. They thus provide an incentive for everyone to be armed, which is why the National Rifle Association has pressured legislatures in some two dozen states to enact them. We shouldn’t have to wait for another death and controversial trial to recognize that this is a poor reason for laws that cause such palpable harm. It’s time to repeal them.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 20, 2014
“Guns And The Thug Life”: There Was Only One Thug In That Convenience Store Parking Lot, And It Wasn’t Jordan Davis
On Saturday night, the jury in the case of Michael Dunn rendered a strange verdict, convicting Dunn of attempting to murder the three teens who survived the hail of fire he sent at their car, but deadlocking on the charge of murdering the one he succeeded in killing. We may never know what went on in the jury room, but if nothing else, Dunn will not be driving into any more parking lots and getting into any more arguments that end in death, at least not for some time.
This case is, of course about race, which we’ll get to in a moment. But it’s also about—to use a word that crops up repeatedly in Michael Dunn’s written comments—a culture. It’s a culture where manhood must continually be proven, where every disagreement is a test of strength, and where in the end, your fellow human beings are only waiting to kill you, so you’d better draw first.
This was the culture of violence that Michael Dunn carried with him to the convenience store, the one that ended the life of 17-year-old Jordan Davis. It was Dunn’s manic hyper-vigilance, his fear, and the .45 he carried with him that brought death to the parking lot.
Dunn’s defense was built on his belief that he saw something that looked like the barrel of a shotgun (or maybe a pipe) emerge from the window of the car holding the teenagers with whom he was arguing about their music, though no shots came from their car and the police never found any gun. Unlike many people, I have no trouble believing that, for an instant at least, Dunn really did think he saw a gun. I also suspect that he realized afterward that there was no gun, which would explain why he never mentioned it to his fiancée.
What we do know is that when he encountered those black teens, Michael Dunn was sure he was facing down a group of dangerous criminals who might well try to kill him at any moment. We don’t have to wonder whether Dunn is a racist, because his own words make it pretty clear. The letters he wrote to family and friends while awaiting trial are full of statements describing black people as violent criminals who hate whites. “I’m not really prejudiced against race, but I have no use for certain cultures,” he wrote. “This gangster rap, ghetto-talking thug ‘culture’ that certain segments of society flock to is intolerable.” He wrote to a family member, “I just got off the phone with you and we were talking about how racist the blacks are up here. The more time I am exposed to these people the more prejudiced against them I become. I suppose the white folks who live here are pretty much anti-black, at least the ones who have been exposed to them.” And from another letter: “Remember when your mom was robbed? At gunpoint? Black thug.”
So when Dunn arrived at the store and heard that loud rap music, what it meant to him was clear: These are dangerous thugs. After all, they’re young and black, and they’ve got that awful rap music playing, right? And once he began to argue with them, you can bet that he was on high alert, ready to draw his weapon. Think about the last time you got into an argument. Your heart rate accelerated, the adrenaline started pumping, you entered into a state of heightened agitation and awareness. This physiological reaction was bred into us by millions of years of evolution, the fight-or-flight response to danger that ensured the survival of our ancestors.
The 7-11 is not the savanna, but Michael Dunn plainly believed he was a water buffalo surrounded by hyenas. So this time, he would be the predator. He grabbed his gun, exited his car, got down on one knee, and began to fire. And then he kept on firing, ten shots in all, even as the car drove away to escape him.
Just like the case of Curtis Reeves, the Florida man who shot and killed a man who irritated him by texting in a movie theater during the previews, the argument began over the most mundane thing, but ended in death. Michael Dunn couldn’t abide that loud rap music. Curtis Reeves got popcorn thrown at him, and threw back a bullet.
In a reasonable world—or in most countries other than ours—arguments like those would end with someone muttering “Jerk!” under his breath, then getting back to what he meant to be doing beforehand. An hour later, he’d think of the perfect retort that would have put that guy in his place. But in the world gun advocates have made, the result isn’t frustration or resentment, but death.
In his letters, Michael Dunn refers to black men, again and again, as “thugs.” But there was only one thug in that convenience store parking lot, one person who was ready to unleash violence at a moment’s notice, one man whose regard for human life had departed him somewhere along the course of his days. That thug wasn’t the 17-yead-old black kid. It was the 47-year-old white guy holding the gun.
By: Paul Waldman, Contributing Editor, The American Prospect, February 17, 2014
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