“Silencing The Science”: How The Gun Lobby Shut Down Gun Violence Research
On December 14, a 20-year-old Connecticut man shot and killed his mother in the home they shared. Then, armed with 3 of his mother’s guns, he shot his way into a nearby school, where he killed 6 additional adults and 20 first-grade children. Most of those who died were shot repeatedly at close range. Soon thereafter, the killer shot himself. This ended the carnage but greatly diminished the prospects that anyone will ever know why he chose to commit such horrible acts.
In body count, this incident in Newtown ranks second among US mass shootings. It follows recent mass shootings in a shopping mall in Oregon, a movie theater in Colorado, a Sikh temple in Wisconsin, and a business in Minnesota. These join a growing list of mass killings in such varied places as a high school, a college campus, a congressional constituent meeting, a day trader’s offices, and a military base. But because this time the killer’s target was an elementary school, and many of his victims were young children, this incident shook a nation some thought was inured to gun violence.
As shock and grief give way to anger, the urge to act is powerful. But beyond helping the survivors deal with their grief and consequences of this horror, what can the medical and public health community do? What actions can the nation take to prevent more such acts from happening, or at least limit their severity? More broadly, what can be done to reduce the number of US residents who die each year from firearms, currently more than 31 000 annually?1
The answers are undoubtedly complex and at this point, only partly known. For gun violence, particularly mass killings such as that in Newtown, to occur, intent and means must converge at a particular time and place. Decades of research have been devoted to understanding the factors that lead some people to commit violence against themselves or others. Substantially less has been done to understand how easy access to firearms mitigates or amplifies both the likelihood and consequences of these acts.
For example, background checks have an effect on inappropriate procurement of guns from licensed dealers, but private gun sales require no background check. Laws mandating a minimum age for gun ownership reduce gun fatalities, but firearms still pass easily from legal owners to juveniles and other legally proscribed individuals, such as felons or persons with mental illness. Because ready access to guns in the home increases, rather than reduces, a family’s risk of homicide in the home, safe storage of guns might save lives.2 Nevertheless, many gun owners, including gun-owning parents, still keep at least one firearm loaded and readily available for self-defense.3
The nation might be in a better position to act if medical and public health researchers had continued to study these issues as diligently as some of us did between 1985 and 1997. But in 1996, pro-gun members of Congress mounted an all-out effort to eliminate the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention (CDC). Although they failed to defund the center, the House of Representatives removed $2.6 million from the CDC’s budget—precisely the amount the agency had spent on firearm injury research the previous year. Funding was restored in joint conference committee, but the money was earmarked for traumatic brain injury. The effect was sharply reduced support for firearm injury research.
To ensure that the CDC and its grantees got the message, the following language was added to the final appropriation: “none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control.”4
Precisely what was or was not permitted under the clause was unclear. But no federal employee was willing to risk his or her career or the agency’s funding to find out. Extramural support for firearm injury prevention research quickly dried up. Even today, 17 years after this legislative action, the CDC’s website lacks specific links to information about preventing firearm-related violence.
When other agencies funded high-quality research, similar action was taken. In 2009, Branas et al5 published the results of a case-control study that examined whether carrying a gun increases or decreases the risk of firearm assault. In contrast to earlier research, this particular study was funded by the National Institute on Alcohol Abuse and Alcoholism. Two years later, Congress extended the restrictive language it had previously applied to the CDC to all Department of Health and Human Services agencies, including the National Institutes of Health.6
These are not the only efforts to keep important health information from the public and patients. For example, in 1997, Cummings et al7 used state-level data from Washington to study the association between purchase of a handgun and the subsequent risk of homicide or suicide. Similar studies could not be conducted today because Washington State’s firearm registration files are no longer accessible.8
In 2011, Florida’s legislature passed and Governor Scott signed HB 155, which subjects the state’s health care practitioners to possible sanctions, including loss of license, if they discuss or record information about firearm safety that a medical board later determines was not “relevant” or was “unnecessarily harassing.” A US district judge has since issued a preliminary injunction to block enforcement of this law, but the matter is still in litigation. Similar bills have been proposed in 7 other states.
The US military is grappling with an increase in suicides within its ranks. Earlier this month, an article by 2 retired generals—a former chief and a vice chief of staff of the US Army— asked Congress to lift a little-noticed provision in the 2011 National Defense Authorization Act that prevents military commanders and noncommissioned officers from being able to talk to service members about their private weapons, even in cases in which a leader believes that a service member may be suicidal.9
Health researchers are ethically bound to conduct, analyze, and report studies as objectively as possible and communicate the findings in a transparent manner. Policy makers, health care practitioners, and the public have the final decision regarding whether they will accept, much less act on, those data. Criticizing research is fair game; suppressing research by targeting its sources of funding is not.
Efforts to place legal restrictions on what physicians and other health care practitioners can and cannot say to their patients crosses an even more important line. Yet this is precisely what Florida and some other states are seeking to do. Physicians may disagree on many issues, including the pros and cons of gun control, but are united in opposing government efforts to undermine the sanctity of the patient-physician relationship, as defined by the Hippocratic oath. While it is reasonable to acknowledge and accept the Supreme Court’s recent decision regarding the meaning of the Second Amendment, it is just as important to uphold physicians’ First Amendment rights.
Injury prevention research can have real and lasting effects. Over the last 20 years, the number of Americans dying in motor vehicle crashes has decreased by 31%.1 Deaths from fires and drowning have been reduced even more, by 38% and 52%, respectively.1 This progress was achieved without banning automobiles, swimming pools, or matches. Instead, it came from translating research findings into effective interventions.
Given the chance, could researchers achieve similar progress with firearm violence? It will not be possible to find out unless Congress rescinds its moratorium on firearm injury prevention research. Since Congress took this action in 1997, at least 427 000 people have died of gunshot wounds in the United States, including more than 165 000 who were victims of homicide.1 To put these numbers in context, during the same time period, 4586 Americans lost their lives in combat in Iraq and Afghanistan.10
The United States has long relied on public health science to improve the safety, health, and lives of its citizens. Perhaps the same straightforward, problem-solving approach that worked well in other circumstances can help the nation meet the challenge of firearm violence. Otherwise, the heartache that the nation and perhaps the world is feeling over the senseless gun violence in Newtown will likely be repeated, again and again.
By: Arthur L. Kellerman, MD, MPH and Frederick P. Rivara, MD, MPH, The Journal of The American Medical Association, December 21, 2012
“Beating The Odds”: Health Care, Guns And The Will To Win
For supporters of the urgent push for sensible gun laws, the fierce national battle over health care is a good example of how folks can beat the odds.
One of the most extraordinary things about the campaign to win Obamacare was the sheer will of its supporters — the ability to maintain momentum and keep going in the face of one challenge after another. The campaign for commonsense gun laws needs the same thing right now. While advocates have been slogging away for years, the horrific massacre at Sandy Hook Elementary School and so many other places have created an historic opportunity for change. We cannot afford to let the momentum and attention slip away.
We can already see the obstacles. Just a few days after the National Rifle Association (NRA) had a press event where they offered a shockingly stupid and tone deaf response to the massacre in Newtown, Conn., they’re back to doing what they do best — telling everyone what they’re against. Anything that smacks of regulating guns is a bad idea, they say. The only way to end senseless firearms violence is more guns, they say.
Already the apologists for the NRA and the gun manufacturers are out in full force, explaining that there are so many factors that contribute to this problem that we can’t possibly tackle one of the solutions that’s within our reach.
This time, it appears, members of Congress are not cowering. Many former opponents of sensible gun laws are announcing their support for measures like criminal background checks for all gun-buyers and bans on military-style assault rifles and high-capacity magazines — the equipment used in the most recent mass shootings. Polls show that the public and most NRA members are on their side.
The outcome of the gun debate, as in the health care battle, will be determined by political will and the courage of individual members of Congress to stand up for what they believe to get results.
When she was Speaker of the House, Nancy Pelosi was a big reason we won health care. She defined what it means to be a leader. She was smart and strategic, and she got others to follow. But perhaps most importantly, in the dark days of January and February of 2010, when it looked like health reform would fall short in Congress, Pelosi was willful. She wouldn’t give up. Pelosi boldly told the American people what it would take to win — and gave us a roadmap for this fight:
We’ll go through the gate. If the gate’s closed, we’ll go over the fence. If the fence is too high, we’ll pole vault in. If that doesn’t work, we’ll parachute in, but we’re going to get health care reform passed for the America people.
We must ensure that the innocent victims of Newtown and other mass shootings, along with the 12,000 people killed each year by gun violence, did not die or suffer in vain. The fallen and their families deserve better. It’s time for Congress to pole vault in and break the political inertia that leaves us all at risk.
We took on the mammoth task of reforming a broken health care system, and our political leaders beat the odds through sheer force of will. Now our leaders must use the same single-minded determination to end rampant gun violence.
By: Ethan Rome, Executive Director, Health Care for America Now, The Huffington Post, December 26, 2012
“Freedom Isn’t Free”: Congress Won’t Act On Gun Control, But The President And The States Can
It has now been nearly two weeks since the Newtown massacre once again cast an ugly shadow of gun violence over our country. In the ensuing fortnight, the pundits have been working overtime generating their ideas on “what to do” about guns.
Their ideas aren’t new: Ban assault weapons. Limit high-capacity magazines. Make access to mental health care as easy as access to a gun. All reasonable ideas, though it must be acknowledged that 1) such hand-wringing after past shootings has faded rather quickly as the public moves on and 2) if anything, because today’s congressional districts are drawn up so safely, lawmakers are less inclined to do anything about guns than ever before.
Let’s face facts: Congress hasn’t passed a major gun control bill since 1994, when at the behest of Ronald Reagan, it approved an assault weapons ban (long since expired) and, in 1993, the Brady Bill, which requires background checks on gun buyers when a gun is bought for the first time. (Subsequent sales of those used weapons are often unregulated, thus the so-called “gun show loophole.”) The fights to pass those laws were nasty and protracted, and in the ensuing years, positions have hardened even more. Bottom line: As disturbing and outrageous as the Newtown massacre was, there is essentially zero chance that Congress will do anything of substance about it.
So what can be done?
The Constitution grants any president of the United States executive powers. Some have argued that President Obama could exercise them to close the gun show loophole — which has arguably allowed up to 40 percent of all private gun purchases to occur with no background check whatsoever, just pay and be on your way. This appears to be easy politics. Even before Newtown, a survey by GOP pollster Frank Luntz said that 85 percent of non-NRA gun owners and 69 percent of NRA members favored this.
Look for this to be among the recommendations given to Obama by his “gun czar,” Vice President Biden. These background checks could also include any known information on a customer’s mental health. The Justice Department has also studied the idea of better information-sharing among different agencies, sort of like how the CIA and FBI began working better together after the Sept. 11, 2001 terror attacks. These are all ideas worth discussing, though state’s rights and privacy laws are legitimate barriers.
Even the National Rifle Association has a few ideas. The NRA’s Wayne LaPierre, blaming just about everyone other than his own organization for Newtown, says Hollywood is at fault for gratuitous violence, as are the manufacturers of violent videogames (one, he said, was called “Kindergarten Killer”). He calls this kind of content “the filthiest form of pornography.” On this one point, LaPierre is right. Parents should know better than to expose their kids to this kind of garbage. But here’s a question for Mr. LaPierre: If the NRA insists that the Second Amendment is sacred and must be protected, is it not hypocritical to suggest that the First Amendment, whose free speech protections cover movie and game makers, be weakened? (It’s a moot point anyway: The Supreme Court, in June 2011, upheld the free speech rights of videogame makers to spew out their filth.)
LaPierre has also suggested, as you’ve no doubt heard, that guns in schools might have prevented the Newtown massacre. “The only thing that stops a bad guy with a gun is a good guy with a gun,” he insisted. LaPierre, whose rantings caused former President George H.W. Bush to quit the NRA in outrage in 1995, seems to have forgotten that an armed guard at Columbine High School couldn’t prevent the murder of 12 students and a teacher (he fired four times and missed). There were plenty of good guys with guns at the Fort Hood army base in 2009. And on and on.
So why not go after guns — and the NRA itself — the way 46 states went after cigarettes back in the 1990s? Guns are similar to cigarettes in one key respect: Long after they are used, both incur very large and ongoing costs that states, local communities, and thus taxpayers are forced to absorb. Aside from the immediate anguish and grief that can result from the use of a gun, the economic burden is spread over many years, in the form of lost work, medical care, insurance, law enforcement, and criminal justice. One study puts a price on this: $174 billion a year.
The societal cost of just one gun homicide averages $5 million, according to the institute. That includes $1.6 million in lost work; $29,000 in medical care; $11,000 on surviving families’ mental-health treatment; $397,000 in criminal-justice, incarceration and police expenses; $9,000 in employer losses; and $3 million in pain, suffering and lost quality of life.
Who pays for much of this? You do. Doesn’t matter whether you have a gun or not. Just like smoking. You pay for much of its after-effects whether you smoke or not.
Here is what the states did about cigarettes: In November 1998, Big Tobacco, worn down by legal wrangling on dozens of fronts, agreed to pay 46 states a minimum of $206 billion over 25 years. The landmark deal, known as the Master Settlement Agreement (MSA), exempted Philip Morris, R.J. Reynolds, Brown & Williamson and Lorillard from private tort liability resulting from harm caused by tobacco use. In addition to paying billions, the companies agreed to end or limit marketing of cigarettes, fund anti-smoking education campaigns, and dissolve industry-funded trade groups such as the “Tobacco Institute.”
The landmark agreement with the states wasn’t designed to put cigarette makers out of business, just make them more accountable and responsible for the use of their product, which was and remains legal. Guns, by virtue of the Second Amendment, are even more protected, but this hardly excuses their defenders from accountability for their use. Only a handful of states and the District of Columbia have laws governing private sales at gun shows. Those who lack such laws can cite states’ rights, a legitimate point — but often it’s the taxpayers in those states who pay for years to come. States with tougher laws can sue neighboring states that don’t to recover their costs; the NRA can be sued for similar reasons. Want a gun? Oppose reasonable restrictions on them? Fine. But you know the saying: Freedom isn’t free. Give those who oppose tighter gun laws an economic incentive to comply.
By: Paul Brandus, The Week, December 26, 2012
“We Did What We Could”: With Suffering All Around Us, Some Lessons Are Learned Too Late
In December 2001, my father sent his first-ever Christmas card to me.
He even signed it, “Love, Dad.” Unprecedented. Throw some tinsel on my head and watch me sparkle like a snow globe; that’s how happy I was.
Dad came from the “show, don’t tell” school of parenting. He supported his family and shoveled the snow from the walkway before any of us were out of bed. His love was to be understood.
His postscript on that 2001 card made clear that despite the arrival of his one-time-only Christmas greeting, nothing had changed.
“I got a card from the wife of a man I used to work with,” he wrote. “She was at the church when you spoke, and she said you were the best they ever had. Don’t get the big head.”
What he didn’t mention was that he had attended my speech, too, delivered in the church of my childhood. He also skipped the part about how he had grinned through the whole darn thing.
Each December, I pull out Dad’s Christmas card and prop it up on my desk. He’s been gone for six years now, and the sight of his cramped handwriting makes him feel a little less far away. His admonishment about this head of mine is a reminder that in his own way, he loved me very much.
I spent way too much energy wishing my father would just come out and say it. Well into my version of adulthood, I’d end every phone call with, “I love you, Dad.” His response: “Yep.” Sometimes he’d mix it up by saying, “OK.”
Click.
Once in a while, I’d push back. “A-a-a-a-nd you love me, too?” His response every time: “Well, if you already know it, there’s no need for me to say it.”
Click.
When he finally wrote “Love, Dad” on that card, there was no victory. It was his second Christmas without my mother, and his heart was broken. How I longed for the days when Mom was still around and Dad’s “yep” was code for what he meant to say. Some things we learn too late.
This has been a long year for many Americans. Even if our own lives bobbed along without incident, it was hard to ignore the suffering of those around us. We did what we could. We attended funerals and hospital rooms, wrote checks and volunteered, worried ourselves sick and bowed our heads in prayer. Some of us smiled for no reason, and strangers felt a little less alone.
This Christmas season, the tragedy in Newtown, CT, altered the holiday for all but the most hardhearted among us. One minute we were shopping for stocking stuffers; the next minute we were trying to remember to breathe. Twenty young children and six adults who risked their lives to save them were dead. What? What? It was that horrible, that unbelievable. We never will be the same.
And yet, Christmas came.
Now the new year barrels toward us, a force of promise and uncertainty. May we welcome it with gratitude that we are here to greet it.
As I write this, snow is threatening to bury our house here in Ohio. My youngest daughter and her boyfriend spent the morning on cellphones, trying to reschedule canceled flights home. Halfheartedly, I try to hide my joy.
They are in a hurry, but I’m old enough to be on the other side of that impatience. All of our family was happy and healthy this Christmas. I know that kind of luck runs out.
I also know that my daughter’s heavy sighs mean only that she is young, with plans that did not include two more nights with her mother. I will not misread her signals, nor will I complain. Her love is understood.
For that, we can thank her grandfather for a lesson once learned too late.
By: Connie Schultz, The National Memo, December 26, 2012
“But Not For Statutory Rights”: Gun Nuts Ignore The First Amendment To “Protect” The Second
Protect the Second Amendment, screw the First!
Tens of thousands of people have signed a petition calling for British CNN host Piers Morgan to be deported from the United States over his gun control views. And sadly, I’m not surprised.
Morgan has taken an aggressive stand for tighter U.S. gun laws in the wake of the Newtown, Conn., school shooting. Last week, he called a gun advocate appearing on his Piers Morgan Tonight show an “unbelievably stupid man.” And that is Mr. Morgan’s opinion, which he is entitled to, whether you like his accent or not. Entitled to, you ask? Is he a citizen of this country?! Well, there are a few folks, namely our founding forefathers, and more currently constitutional legal experts, who were pretty clear with regard to whose speech is protected by the First Amendment. Noncitizens and permanent residents are also protected under the First Amendment–that is unless, like those of us who are citizens, we’re yelling fire in a crowded theatre.
But that doesn’t seem to faze the gun rights activists. They are fighting back, creating a petition on December 21 on the White House E-petition website. This was done by a user in Texas accusing Morgan of engaging in a “hostile attack against the U.S. Constitution” by targeting the Second Amendment. It demands he be deported immediately for “exploiting his position as a national network television host to stage attacks against the rights of American citizens.” The petition has already hit the 25,000 signature threshold to get a White House response.
Unfortunately for Tex and those who signed this petition, they shouldn’t hold their breath. Noncitizens, and especially permanent residents, have statutory rights to remain in the country unless they’ve done (or there’s sufficient reason to think they’ve done) certain bad things—at least until Congress revises the statutes to broaden the grounds for deportation. Even if the Executive Branch decides to deport someone, it has to have statutorily authorized grounds, and it has to provide hearings at which an immigration judge decides whether the conditions for deportation are met. The government may not criminally punish noncitizens—or presumably impose civil liability on them—based on speech that would be protected if said by a citizen. See Bridges v. Wixon (1945).
And how has Piers Morgan responded? Actually, he seemed unfazed, perhaps even amused by all of this. On Twitter he urged his followers to sign the petition, and in response to one article about the petition he said “bring it on” as he appeared to track the petition’s progress. “If I do get deported from America for wanting fewer gun murders, are there any other countries that will have me?” he wrote.
What bothers me about this is the blatant hypocrisy of those gun rights proponents. As a liberal, I push for stricter gun control measures; I always have, even before Columbine, Virginia Tech, Tuscon, Aurora, Portland, and Newtown, and I have been attacked by the right for wanting to take away their Second Amendment right to bear arms. I and other liberals have been clear we don’t want to take their rights away, we just want to protect other Americans, especially our children by restricting military-style weapons with high volume magazine clips. Yet when someone voices their opinion and it is completely contrary to what a gun proponent believes, they have no trouble tramping on their rights…namely the First Amendment.
Look, I’m no Piers Morgan fan. As a broadcaster, I get tired of radio programmers and networks hiring people with pretty British accents. I’m a fan of not only buying American, but “hiring American,” since I know so many people out there who are unemployed in the field of broadcasting and, quite frankly many of whom I feel are much more talented and qualified interviewers and broadcasters than Mr. Morgan. I don’t make the decisions as to who they put on the air at CNN, but I do have a choice what network or program I tune into. And I can assure you, Mr. Morgan’s show is not on my list of favorites programmed on my television.
If the gun enthusiasts really want to hurt Mr. Morgan for his opinions, they should realize it’s his ratings, not his residence address they should be attacking. Because if Mr. Morgan’s ratings plummet, CNN will hand him his walking papers and as Mitt Romney once proposed, Mr. Morgan will deport himself–perhaps back over the pond for a better cup of tea.
By: Leslie Marshall, U. S. News and World Report, December 26, 2012