Tag Archives: NRA

This Is Why We Can’t Have Nice Things….

Like reasonable laws.

Recently, Indianapolis City-County Councilor Kip Tew sponsored an ordinance that would  require people to file a report if a gun they owned was lost or stolen.

Laws requiring gun owners to report loss or theft of a weapon help police in several ways:  they deter gun trafficking and discourage straw purchasing; they  facilitate the return of the guns, if found, to their lawful owners; and they help police disarm people who aren’t legally eligible to possess firearms.

As an officer friend pointed out recently, timely reporting of gun thefts and losses allows police to trace guns more effectively, and makes the successful prosecution of users of stolen guns more likely.

A very small step, granted, but a step in the right direction.

Currently, however, there aren’t enough votes to pass the measure. Not because council members are opposed to it, but because several of them worry that it might violate a relatively recent provision of the Indiana Code–a provision so ridiculous I couldn’t believe it was real.

Here are the relevant parts of Indiana Code 35-47-11.1 – 7.

Except as provided in section 4 of this chapter, a political subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

Anyone “adversely affected” by such an action is authorized to sue for damages.

This is yet another example of the legislature telling local governments what they can and cannot do (my Home Rule complaint). And in this case, what our local folks can’t do is anything that even smells of gun regulation.

But the rest of this abomination is even worse:

A person is “adversely affected” for purposes of section 5 of this chapter if either of the following applies:
…..
(2) The person is a membership organization that:
(A) includes two (2) or more individuals described in subdivision (1); and
(B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.

Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff’s attorney’s fees.
(2) Court costs (including fees). (3) Reasonable attorney’s fees.

Short version: if Indianapolis tries to protect its citizens by controlling guns or ammunition in any way whatever, the “membership organization” (i.e. the NRA) can sue the city and recover attorney’s fees and punitive (“liquidated”) damages from our tax dollars.

Think about that.

I can’t imagine what “damages” the NRA would suffer from the passage of an innocuous and helpful measure like reporting stolen guns. (For that matter, putting on my lawyer hat,  I don’t think that “theft” comes within the definition of “ownership, possession, carrying, transportation, registration, transfer, and storage,” but I do understand council members’ concern that it might.)

If you ever want an example of the way a well-heeled lobby overrides the will–and the welfare–of mere citizens, this one’s a doozy.

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La La La…I Can’t Hear You!

Remember when you were a kid on the playground having an argument, and felt you were losing? Remember sticking your fingers in your ears and going “la la la” as loudly as you could, in order not to hear what the other kid was saying?

Some of you who are reading this were probably  never that childish, and most of the rest of us have since grown up.

All except Congress.

A congressional ban on gun violence research backed by the National Rifle Association (NRA) has been extended in the aftermath of the Charleston church shooting that left 9 people dead.

As Public Radio International (PRI) reported recently, the House of Representatives Appropriations Committee voted to reject an amendment last month that would have allowed the Centers for Disease Control and Prevention (CDC) to study the relationship between gun ownership and gun violence.

The purported reason for the ban is that gun deaths are not “diseases.” Neither are cigarettes, but the CDC researches the health effects of tobacco. Guns certainly affect health; guns kill more Americans under 25 than cars. (More than 25% of teenagers ages 15 and older who die of injuries in the US are killed by gun-related injuries.)

The costs of gun violence are staggering: American taxpayers pay roughly $12.8 million every day to cover the costs of gun-related deaths and injuries. Total social costs have been estimated at 100 billion each year. That, of course, excludes the human losses.

The CDC used to conduct firearms safety research, but in 1996, the gun lobby persuaded Congress to restrict CDC funding of gun research; similar restrictions on other federal agencies followed.

Far from hiding its role, the NRA has publicly taken credit for preventing the research. In 2011, it issued a statement :”These junk science studies and others like them are designed to provide ammunition for the gun control lobby by advancing the false notion that legal gun ownership is a danger to the public health instead of an inalienable right.”

The CDC doesn’t do “junk science,” of course. And denying that guns pose a danger to public health is tantamount to an admission of insanity. But facts and evidence pose a special threat to the NRA extremists who no longer even reflect the position of most NRA members.

They can’t put their fingers in their ears, so–like the bullies on those long-ago playgrounds–they’re trying to deprive advocates of sensible gun control measures of data that they know would strengthen those advocates’ arguments.

It’s their version of “la la la–I can’t hear you.”
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The Arms Race and the Road to Ferguson

Peter Mancuso, at Ten Miles Square, takes issue with the conventional wisdom about “militarization” of police departments. Not that it isn’t taking place–clearly it is–but he argues convincingly that the reasons go far beyond the notion that local police units are simply a convenient receptacle for the federal government’s no-longer-needed weaponry.

He lays the blame on the gun lobby and NRA.

By the early 1980s, there was a growing perception among law enforcement officers and portions of the public that America’s police were being out-gunned in encounters with criminals…. [R]outine arrests for illegal gun possessions were increasingly turning up weapons more powerful than those carried by the officers making those arrests. As law enforcement officers, their families, and police unions began naturally voicing their concerns, the call became louder to increase police officers’ “firepower” (a military term). It was argued strenuously then that this would require replacing the highly reliable revolver, which had been carried by most departments for over a half-century, with a rapid fire, more powerful, semi-automatic side arm.

Of course, this call to increase police officer fire power was further exacerbated by the fact that state legislatures failed miserably in the face of the gun lobby to curb the sale of some of the most powerful and lethal firearms that posed threats to police officers across the country in the first place. As this dichotomy, of the availability of more powerful weapons in the face of police officer safety took hold weapons manufacturers finally broke through and hit real pay dirt. The true irony in all of this is that the huge fortunes realized by their marketing more powerful weapons to American law enforcement, was actually the result of them having already made a fortune selling these more powerful weapons, easily acquired by criminals, to the public to begin with.

You can chalk up the demise of Officer Friendly to your local gun nut. People aren’t the only things being killed by out-of-control guns–sanity and moderation are also victims.

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Suddenly I Don’t Feel So Safe…..

Heartbreaking. Yesterday in Chicago, a fifteen-year-old was shot dead–evidently caught in the crossfire of a gang shoot-out. Just the week before, she’d been thrilled to participate with her school’s band in the Presidential inauguration. Like the children at Sandy Hook in Newtown, she was an innocent child who had her whole life ahead of her.

As we ate dinner last night, the television news reported on two other shootings. It also covered a portion of the Congressional hearing on the administration’s proposals for background checks and restrictions on the sales of large “magazines” that allow a shooter to rapidly fire multiple shots without reloading–including, poignantly, halting testimony from Gabby Gifford, the Congresswoman shot in the head in Phoenix while meeting with her constituents. The cost of her miraculous survival was on full display–this formerly vibrant woman is now partially blind, able to form words only with great effort, partially paralyzed.

A colleague shared with me an article from Slate, featuring a graphic and an interactive map of all the firearms deaths since Newtown. You can access it here. As of a couple of days ago, the toll stood at 1440. Just since Newtown.

Can we craft laws that will eradicate all this violence? No. Will background checks eliminate the ability of criminals to get their hands on weapons? No. In a country with a toxic gun culture and an estimated 300,000,000 guns, we aren’t going to be able to wave a policy wand and make it all go away. But surely, we can make it incrementally more difficult to kill and maim, to destroy lives and terrorize law-abiding citizens.

The survivalists (one of whom, the news just reported, has killed a school bus driver and abducted a young boy) and the paranoid see every modest measure to protect the public as part of a plot to disarm them. Newtown has had one salutary effect: it has pulled back the covers and given the American public a good look at that worldview, as expressed by Wayne LaPierre and his fellow crackpots at the NRA, and most of us–including responsible gun owners–have been understandably appalled. (Until now, like many other Americans, I had considered the NRA simply another lobbying group, rather than a cult. I was wrong.)

It shouldn’t take another Newtown, or the death of another promising 15-year-old, to shake well-intentioned lawmakers out of their complacency. As for those elected officials whose inaction has been purchased with NRA support, I don’t know about the rest of you, but I will no longer vote for a candidate who accepts campaign contributions from that organization.

Just because we can’t wave a magic wand and make everyone safe doesn’t mean we shouldn’t take reasonable measures to reduce the violence and mayhem. And “reasonable measures” do not include arming kindergarten teachers. It’s past time to stop the crazy.

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What We Don’t Know and How It Hurts Us

Remember the old saying, “what you don’t know can’t hurt you”? Unlike a lot of folk adages, it’s wrong. Very wrong.

A lot of folks–especially younger people–shrug off the suggestion that they need to follow what our political class is doing. They have lives to live, livings to earn, children to raise, parties to attend. Let the politicians tend to governing.

This morning’s New York Times–buttressed by an article from the Journal of the American Medical Association–offers a prime example of why it’s important to keep tabs on Congressional shenanigans.

In the wake of the most recent horrendous shootings, of children in Connecticut and firefighters in New York, fingers have been pointed at the Bureau of Alcohol, Firearms and Explosives. ATF is theoretically an agency with the authority to thwart gun violence. But it has been without a permanent director for six years, thanks to the persistent efforts of Republicans in Congress to block any and all Obama appointments. Furthermore, it is hampered by laws lobbied for by the NRA and dutifully passed by Congress. As the Times notes,

Under current laws the bureau is prohibited from creating a federal registry of gun transactions. So while detectives on television tap a serial number into a computer and instantly identify the buyer of a firearm, the reality could not be more different.

So–unlike many countries–the U.S. doesn’t have a gun registry database. The NRA thinks such information would “pose a threat to the Second Amendment.”

In fact, the NRA evidently thinks that information would pose a threat to their version of the Second Amendment.

A former student who went on to get his doctorate in medical informatics sent me a recent Viewpoint from JAMA, the Journal of the AMA. After detailing several of the most recent mass shootings, and noting that in the U.S. more than 31,000 citizens die annually from firearms, the authors note research findings that ready access to guns in the home “increases, rather than reduces” a family’s risk of homicide in the home.  Then they make their main point:

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 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.

The funding was restored in joint conference committee, but only on condition that it be earmarked for traumatic brain injury. And the following language was added to the final appropriation: “none of the funds made available for injury prevention and control may be used to advocate or promote gun control.”

Similar language has been added to funding for the National Institute on Alcohol Abuse and Alcoholism, after a research study was funded by that agency to determine whether carrying a gun increased or decreased the risk of firearm assault. The article went on to detail similar restrictions on other agencies.

A couple of rhetorical question: why doesn’t the NRA want the American public to have good information about gun violence? and why does a majority of Congress do its bidding?

A not-so-rhetorical question: when will citizens of this country say “enough!”

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