The Lessons of Fort Hood

On November 5, Major Nidal Malik Hasan, a licensed Army psychiatrist, walked into the Soldier Readiness Processing Center on Fort Hood military base in Killeen, Texas. After yelling “Allahu akbar,” Hasan, 39, opened fired with a semiautomatic handgun, killing 13 people (12 of them Soldiers) and wounding 42 others before he was shot by military police. Hasan sustained multiple injuries and is currently hospitalized in stable condition at an Army hospital in San Antonio. He will face 13 charges of premeditated murder in a military court.

The Fort Hood shooting ranks as the nation's worst ever on a military installation. It also has raised new fears about terrorist attacks on the homeland, as Hasan had been in contact with a radical imam that has praised the killings.

The U.S. Congress is now preparing to investigate the shooting to determine what action they might take to prevent similar tragedies in the future. Later in the month, the Senate Committee on Homeland Security and Governmental Affairs, headed by Senator Joseph Lieberman (I-CT), will begin hearings on the subject. As these inquiries commence, we would urge legislators to take several important actions concerning America’s gun laws:

1) Close the “Terror Gap” in Gun Purchasing Laws and Allow Federal Agencies to Share Critical Information
A May 2009 Government Accountability Office (GAO) study found that 865 individuals on the FBI’s Terrorist Watch List were allowed to purchase firearms from federally licensed gun dealers between February 2004 and February 2009. Amazingly, while individuals on the FBI’s list are prohibited from boarding planes, they can purchase as many guns as they want as long as they can pass an instant computer background check.

While there has been no indication from federal officials that Hasan was on the Terrorist Watch List, the FBI-led Joint Terrorism Task Force had investigated Hasan after they discovered 10-20 email communications between him and Anwar al-Awlaki. Al-Awlaki, a radical imam now living in Yemen, was known to have associated with two of the 9/11 hijackers. Hasan worshipped at the Dar al-Hijrah mosque, led at the time by al-Alwaki, in Great Falls, Virginia, in 2001 along with the two hijackers.

When Hasan purchased his weapons in August 2009, the Joint Terrorism Task Force was not informed. An NRA-drafted provision in the “Tiahrt Amendments” attached to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations bill requires the Department of Justice (DOJ) to destroy completed background check records within 24 hours. The NRA has also been able to enact restrictions that restrict federal agencies from sharing information about legal gun purchases.

"The piece of information about the gun could have been critical," said former FBI Special Agent Brad Garrett. "One of the problems is that the law sometimes restricts you in what you can do." "We need to be smarter about sharing information," added former 9/11 commissioner Richard Ben-Veniste. "It's very disturbing to see…that the FBI is precluded from sharing information."

There is no rational reason to allow potential terrorists to purchase firearms. The U.S. Congress should act immediately to pass S. 1317—sponsored by Senator Frank Lautenberg (D-NJ)—and H.R. 2159, sponsored by Representative Peter King (R-NY). This legislation would give DOJ the discretion—subject to judicial review— to block gun sales to individuals on the Terrorist Watch List. Congress should also remove current information-sharing restrictions on federal agencies so that they can better monitor gun purchases.

2) Oppose and Defeat the “Veterans Second Amendment Protection Act”
In the U.S. Senate, Senator Richard Burr (R-NC) has offered a legislative proposal, the “Veterans Second Amendment Protection Act,” that would require that the Department of Veterans Affairs (VA) to stop submitting the records of those found to “lack the mental capacity to contract or manage their own affairs” to the FBI’s National Instant Criminal Background Check System (NICS). The immediate effect of this measure would be the removal of approximately 116,000 such records already in the system. These individuals would be free to purchase and own firearms even if the VA determined they are “mentally incapacitated,” “mentally incompetent,” or “experiencing an extended loss of consciousness.”

Senator Burr’s legislation would put veterans, their families, and the public in danger. Researchers are predicting that the rate of Post-Traumatic Stress Disorder (PTSD) among veterans returning from Operation Iraqi Freedom could be as high as 35%. Furthermore, the Army suicide rate is at its highest level in three decades. The New York Times reported that “at least 128 soldiers killed themselves [in 2008], and the Army suicide rate surpassed that for civilians for the first time since the Vietnam War.” All told, 12,000 veterans under VA care attempt suicide each year. A 2007 study by researchers at Portland State University and Oregon Health & Science University found that male veterans are twice as likely to commit suicide as their civilian counterparts. The study also found that veterans are 58% more likely to use firearms to commit suicide than non-veterans.

The shooting at Fort Hood wasn’t the only recent tragedy to remind us of how lethal the combination of mental illness and guns can be. Just two days after Hasan’s attack, a 63 year-old veteran suffering from PTSD opened fire while being escorted out of a bar in Vail, Colorado, killing one and injuring three.

The “Veterans Second Amendment Protection Act” is an affront to common sense and the well-being of America’s veterans and should be rejected strongly by Congress.

3) Enact Licensing Laws for Handgun Purchasers
Currently, only 11 states in the entire country require the licensing of handgun purchasers. Of these, nine states conduct a thorough background investigation on licensees that goes far beyond a simple instant computer check through the FBI’s National Instant Computer Background Check System (NICS).

The problem with NICS checks (like the one which Hasan passed at Guns Galore) is that they lack critical information from state and local authorities. According to a Third Way report entitled “Missing Records,” “91% of those adjudicated mentally ill or involuntarily committed cannot be stopped by a gun buyer background check” because their disqualifying records are not in the system. In addition, one out of four felony conviction records are not in NICS. Third Way’s overall assessment of the database is that it is “deeply flawed.”

Would a background investigation (as opposed to a computer check) have stopped Nidal Malik Hasan from purchasing a handgun? Possibly.

There were several red flags in Hasan’s background that suggested he might have been a threat to himself or others. He had been working with service members suffering from PTSD for more than six years at Walter Reed Army Medical Center and experienced problems that required counseling.. He had also begun openly opposing America’s wars in Iraq and Afghanistan and espousing extremist Islamic views. While a senior-year psychiatric resident at Walter Reed, Hasan gave a PowerPoint presentation to mental health staff members which concluded, “It’s getting harder and harder for Muslims in the service to morally justify being in a military that seems constantly engaged against fellow Muslims.” In the Spring of 2008 and again in the Spring of 2009, key officials from Walter Reed and the Uniformed Services University of the Health Sciences met and expressed concern about Hasan's behavior, which fellow students and faculty had described as "disconnected, aloof, paranoid, belligerent and schizoid."

Finally, as described above, Hasan was being monitored by the FBI-led Joint Terrorism Task Force because of emails he had exchanged with the radical imam Anwar al-Awlaki. The FBI was also investigating whether he was behind violent anti-American comments left on a website under the screen name of "NidalHasan."

None of these warning signs were revealed by the NICS check that Hasan underwent at Guns Galore. But any or all of this information might have been uncovered by a background investigation if Hasan had had to obtain a license in order to purchase a handgun. Such investigations typically involve interviews with licensees’ family, friends, and co-workers/colleagues.

Because instant computer checks are imperfect, the U.S. Congress should adopt licensing standards for handgun purchasers similar to those enacted in New York and New Jersey. This would help ensure that dangerous individuals do not legally acquire handguns.

4) Regulate High-Powered Firearms on the Civilian Market
Hasan used a Belgian-made FN Herstal Five-seveN semi-automatic pistol during the shooting which he legally purchased at Guns Galore in Killeen. The weapon's name refers to its 5.7 mm bullet diameter. The Five-seveN is popular with U.S Secret Service agents and police SWAT teams because of its ability to penetrate body armor. It is also popular with the Mexican drug cartels, who call the Five-seveN the “Mata Policia” (“Cop Killer”).

The Legislative Director of the International Brotherhood of Police Officers, Steve Lenkhart, has called the Five-seveN "an assault rifle that fits in your pocket."

FN Herstal maintains that armor-piercing ammunition for the Five-seveN is only available to law enforcement and military personnel. However, when first launched for civilian sales, FN officials advertised that “enemy personnel, even wearing body armor can be effectively engaged up to 200 meters.” Additionally, the Brady Campaign to Prevent Gun Violence tested the Five-seveN in January 2005 with commercially-available SS192 ammunition and found that it penetrated both Level IIA and Level IIIA body armor.

In 2005, Congress considered an amendment that would have prevented FN Herstal from selling the Five-SeveN on the civilian market.

Ordinary People: The Gun-Toting Soccer Mom

Bullet Counter Points’ “Ordinary People” series examines the gun lobby’s frequent claim that gun owners—and concealed carry permit holders—are the most law-abiding citizens in our country. We grant that this is probably true in many cases, but argue that gun owners are human beings—subject to the same issues of stress, depression, substance abuse and mental illness; which can sometimes lead to criminal behavior and tragedy.

Today we relate the story of another “ordinary person.”

On October 7, Meleanie Hain’s handgun failed to protect her. That evening, she was in the kitchen of her home in Lebanon, Pennsylvania, chatting on the Internet with a friend through a web camera. Her husband, Scott Hain, entered the room, picked up a 9mm handgun, and shot her several times. As the Hain’s children—ages 2, 6 and 10—fled the house in terror, Hain’s online friend heard the shots and immediately called 911. When police arrived, Meleanie Hain was found dead in the kitchen. Scott Hain, having committed suicide with a shotgun, was found dead in an upstairs bedroom.

Meleanie’s 9mm Glock 26 handgun, loaded with a full magazine and a bullet in the chamber, was in a backpack hanging from the front door. A car parked in the driveway bore an “NRA Law Enforcement” bumper sticker.

A Visible Presence
The murder-suicide drew a significant amount of media coverage because Meleanie Hain was an ardent and outspoken pro-gun activist. Known as the “gun-toting soccer mom,” she gained national attention in September of last year when she openly carried her Glock handgun to her five year-old daughter’s soccer game in Lebanon. This led to an outcry by other parents affiliated with the Central Pennsylvania Youth Soccer League who feared for the safety of their children. Unfortunately, there wasn’t much they could do. It is legal for Pennsylvania residents to openly carry handguns in public—and no permit is required.

Why did Hain bring her gun to her daughter’s soccer games? She explained that it was for self-defense and because “carrying a gun ensures that I’m taking responsibility for my children’s safety.” She added that she carried her gun openly (versus concealed) because “I don’t really need anything extra in the way of the gun if I’m going to have to pull it out and I’m holding a baby and trying to shuttle two or three other kids.” “It may sound arrogant,” Hain said, “but the Constitution has guaranteed me a right, and there is nothing more to say about it.”

Preaching the Gospel
Hain spoke frequently with the press and echoed a number of talking points that have been circulated for years by the National Rifle Association and other gun lobby groups:

• “An armed society is a polite society.”
  
  
• “When seconds count, the police are minutes away.”
  
  
• “A gun-free zone says to a criminal: ‘Easy Target.’”
  
  
• “11% of the time police officers kill an innocent person. Only 2% of the time does a private citizen shoot an innocent person.”
  
  
• “60% of criminals polled said that they would not victimize someone if they new they were armed. 40% of them said they would not victimize someone if they thought they were armed.”
  
  
• “Did anybody think they would need [guns] at Virginia Tech? Did anybody think they would need a gun at an Amish school house? Probably not.”

These comments brought plaudits from pro-gun activists (Pennsylvania Open Carry presented her with awards and one visitor at OpenCarry.org memorialized Hain by stating, “She was a true beacon for the [open carry] cause and fought the good fight”) and circumspection by Lebanon County Sheriff Michael DeLeo. On September 17, 2008, DeLeo revoked Hain’s concealed handgun permit, citing a section of Pennsylvania law that applies to individuals “whose character and reputation is such that [they] would be likely to act in a manner dangerous to public safety.”

Hain appealed the revocation and her permit was reinstated on October 14, 2008, by County Judge Robert Eby, a gun owner and concealed carry permit holder himself. Eby said that the law required him to return Hain’s permit (Pennsylvania is a “shall-issue” state that gives local law enforcement no discretion in denying permits to those who pass basic computerized background checks), but he questioned her judgment nonetheless. Eby noted that Hain had “scared the devil” out of other parents and children, and declared, “Fear doesn’t belong at a kid’s soccer game from any source.” He advised her to stop open carrying her sidearm at the games—a suggestion she immediately dismissed.

Scarlet Letter
Hain wasn’t done though. She then launched a million-dollar lawsuit against Sheriff DeLeo, claiming he had infringed on her Second Amendment rights. “Just the fact that he was wrong is evidenced by the fact that my license was restored to me,” said Hain. “I am a victim of Sheriff Michael DeLeo’s. I am a victim of those in society as a direct result of his actions as well. The way people look at me sometimes when I am out running errands, I feel as if I am wearing a scarlet letter, and really it’s a Glock 26.”

Hain’s family was also beginning to look at her differently. She noted that, outside of her mother, her family was “not well educated about firearms” and “basically anti-gun.” Additionally, several local families took their children out of the daycare center that Hain ran out of her home as a result of her open carry activism. This represented a distinct setback in OpenCarry.org’s goal to "naturalize the presence of guns, which means that guns become ordinary, omnipresent, and expected. Over time, the gun becomes a symbol of ordinary personhood."

The Devil You Know
Ironically, the greatest threat to Hain at this time was not from outside her home, but from within. Hain’s attorney, Matthew Weisberg, indicated that she had separated from her husband Scott Hain, a parole officer, in early 2009, and wanted to pursue a protective order against him. Jay Bell, a moderator at the Pennsylvania Firearm Owners Association message board (where Hain’s screen name was “shefearsnothing”), said, “She was telling me at the [Open Carry] dinner in Collegeville she was planning to discuss divorce with her husband, but was afraid he’d react violently.” What exactly transpired between Meleanie Hain and her husband in the days and hours before the shooting is unknown, but it is now clear her fears were justified.

Reacting to the Hain’s murder-suicide, Daniel Vice of the Brady Center to Prevent Gun Violence said, “We hear about cases like this every day. Eighty people are killed by guns each day [in the United States] … We see every day the effects of gun violence, especially against women. Having a gun in the home makes it 22 times more likely you’ll be killed by that gun instead of it being used on an intruder.” Joe Grace, Executive Director of CeaseFire Pennsylvania, added, “The myth is that you’re safer with a gun … Having a gun did not make Meleanie safer. She and her husband are now deceased … It should give policy-makers pause. It’s time to let go of extreme rhetoric in the name of sanity and common sense.”

In the end, there was one piece of Hain’s rhetoric that seemed prescient. “If children are afraid of guns, that goes back to their parents,” Hain said on November 12, 2008, on the “It’s Your Call” show with Lynn Doyle. “It goes back to what they’re being exposed to at home.” Certainly, no one has suffered worse in this tragedy then the Hain children.

The Point of No Return

Two recent undercover investigations, by the City of New York and a researcher at UC Davis, drew national attention by exposing widespread illegal activity at America’s gun shows. But however shocking these studies might have been, they contained no new revelations.

It has now been ten years since “The Gun Show Loophole” became a household term following the shootings at Columbine High School in Colorado. It is well-known that the shooters at Columbine obtained firearms through Denver-area gun shows, but two new books—Dave Cullen’s Columbine and Jeff Kass’ Columbine: A True Crime Story—have shed light on how weak federal and state gun laws were purposefully exploited in the tragedy.

A Tragedy of Epic Proportions
On April 20, 1999, Eric Harris and Dylan Klebold drove to their high school in Columbine with an arsenal of bombs, guns and ammunition. Their subsequent rampage lasted approximately 45 minutes and left 13 dead (one teacher and 12 students) and 24 injured. Harris, armed with a Hi-Point 995 9mm carbine rifle (with thirteen 10-round magazines) and a Savage-Springfield 67H sawed-off 12-gauge shotgun, would fire a total of 124 rounds during the shooting. Klebold, armed with an Intratec Tec-9 semiautomatic assault pistol (with one 52-, one 32-, and one 28-round magazine) and a Stevens 311D double-barreled, sawed-off 12-gauge shotgun, would fire 64 rounds. Their final rounds were used to take their own lives.

The plans for the mass shooting had begun to take shape in the fall of 1997. On November 3, 1997, it was mentioned for the first time when Klebold wrote in his diary, “[Name blocked] will get me a gun. I’ll go on my killing spree against anyone I want.” What Klebold had in mind was a “straw purchase,” where a prohibited purchaser recruits another individual to buy guns on his behalf—a federal felony offense for both parties.

Both Klebold and Harris were intimately familiar with existing gun laws. On November 12, 1998, Harris referred to Jim Brady and the 1994 “Brady Handgun Violence Prevention Act” in his diary, writing, “Fuck you Brady! All I want is a couple of guns, and thanks to your fucking bill I will probably not get any! Come on, I’ll have a clean record and I only want them for personal protection. It’s not like I’m some psycho who would go on a shooting spree….fuckers. I’ll probably end up nuking everything and fucking robbing some gun collector’s house. Fuck, that’ll be hard. Oh well, just as long as I kill a lot of fucking people. Everyone is always making fun of me because of how I look, how fucking weak I am and shit, well I will get you all back, ultimate fucking revenge here ... Guns! I need guns! Give me some fucking firearms!”

Harris was being playful and sarcastic. He knew that getting guns would not be difficult, despite the fact that at age 17, he and Klebold were barred under federal law from buying both long guns (minimum age 18) and handguns (21). Harris had previously written an essay about the Brady Act for school. “The FBI just shot themselves in the foot,” he declared. “There are a few loopholes in the new Brady bill. The biggest gaping hole is that the background checks are only required for licensed dealers…not private dealers.”

Too Easy
Just ten days after Harris cursed Jim Brady in his diary, he and Klebold would exploit that loophole. On November 22, 1998, they brought Robyn Anderson, an 18 year-old friend of Klebold’s, to the Tanner Gun show in Denver. There, Anderson purchased three of the guns used in the shootings (the Hi-Point 9mm rifle and two shotguns) for Klebold and Harris through three different private sellers. As these sellers were (supposedly) “not engaged in the business” of dealing firearms, Anderson never had to undergo a background or fill out any paperwork. Only one of the three sellers checked her driver’s license to see if she was of legal age to purchase long guns. Klebold and Harris were able to buy ammunition at the show themselves. The entire process took only about an hour.

In a statement she released after the shootings, Anderson said, "I think it was clear to the sellers that the guns were for Eric and Dylan. They were the only ones asking all the questions and handling the guns ... It was too easy. I wish it would have been more difficult. I wouldn't have helped them buy the guns if I had faced a criminal background check." Of the private seller that sold him his Stevens shotgun through Anderson, Klebold wrote, “He knew I was fucking buying it.”

That night, Harris was ecstatic as he wrote in his journal: “Well folks, today was a very important day in the history of Reb [Harris’ nickname] today, along with Vodka [Klebold’s nickname] and someone else who I won’t name, we went downtown and purchased the following: a double barrel 12 ga. Shotgun, a pump action 12 ga. Shotgun, a 9mm carbine, 250 9mm rounds, 15 12 ga slugs, 40 shotgun shells, 2 switch blade knives, and a total of 4 10-round clips for the carbine. We ...... have ...... GUNS! we fucking got them you sons of bitches! HA! HA HA HA! Neener! Booga Booga. Heh. It’s all over now. This capped it off, the point of no return. You know what’s weird, I don’t feel like punching through a door...probably cause I am fucking armed. I feel more confident, stronger, more God-like.”

The purchases made Harris hungry for more firearms. On December 3, 1998, he wrote in his diary, “I’m gonna still try and get my calico 9mm. Just think, 100 rounds without reloading.... hell yeah! We actually may have a chance to get some machine pistols thanks to the Brady bill. If we can save up about $200 real quick and find someone who is 21+ we can go to the next gun show and find a private dealer and buy ourselves some bad-ass AB-10 machine pistols. Clips for those things can get really fucking [big] too.”

On December 18, 1998, Harris, paid for nine magazines of 9mm ammunition at Green Mountain Guns in Lakewood, Colorado. The store ordered the ammo for the 17 year-old, and Harris was able to pick it up on December 29.

The duo then got the assault pistol they were looking for. On January 23, 1999, Harris and Klebold met Blackjack Pizza co-worker Philip Duran, 22, and his friend Mark Manes, 21, at the same Denver gun show they attended with Robyn Anderson. They shopped around for Tec-9s before Manes agrees to sell Klebold and Harris one he owned for $500. Klebold gave him a down payment of $300 that night and took possession of the gun.

From February through March 1999, Harris, Klebold, Duran and Manes would hone their marksmanship together in a forested area outside Denver known as Rampart Range. On the third and last trip to the shooting range on March 6, Duran filmed the outing with a camera that Harris and Klebold had taken from Columbine High. In the video, Klebold and Harris can be seen gleefully firing their newly acquired firearms. Nine days later, Harris and Klebold would record the first of their “Basement Tape” videos and thank Duran and Manes. Klebold observes, “We used them, like you use a horse to carry shit.” And they add one final round of thanks: “Thanks to the gun show, and to Robyn. Robyn is very cool.”

One final purchase was made the day before the shootings. On April 19, 1999, Manes went to Kmart and bought 100 rounds of 9mm ammo for Harris. Harris picked it up from Manes’ house that evening.

A History of Violence
In the wake of the shootings, commentators focused on Klebold and Harris’ age (17) when discussing their illegal gun purchases. But even if the two had been of legal age to purchase firearms, there were numerous red flags in their background that are eerily similar to ones we continue to see today in school shooters like Seung-Hui Cho and Stephen Kazmierczak. These warning signs included:

• August 7, 1997—Teenager Aaron Brown reports Eric Harris’ website to the Jefferson County Police. The website contains information about homemade bombs and acts of neighborhood vandalism. Police meet with the Brown family and are given seven printed pages of Harris' website.
  
  
• Fall 1997—Harris and Klebold bring a pipe bomb to work at Blackjack Pizza (they plan to blow up a watermelon after work, they say) and are admonished by their boss.
  
  
• October 2, 1997—Harris and Klebold are suspended for hacking into Columbine High School’s computer system to get student locker combinations.
  
  
• December 10, 1997—For a classroom assignment, Harris writes a paper titled “Guns in Schools,” which affirms, “It is just as easy to bring a loaded handgun to school as it is to bring a calculator.”
  
  
• January 30, 1998—Harris and Klebold break into a parked van and steal equipment they find inside (total value: $1,719). They are arrested that evening and placed in a juvenile diversion program. Both are released from the program early for good behavior.
  
  
• February/March 1998—Klebold is suspended again for scratching something threatening into a student’s locker.
  
  
• Spring 1998—In September 1998, Harris writes an essay in school about a time when he had to “give away all my weapons to my parents.” “I paid good money or spent a lot of time making them,” he says. Months later, in the “Basement Tape” videos, Harris and Klebold confirm that Harris’ parents found a tackle box in his room with pipe bombs in it. Nate Dykeman and Zach Heckler, friends of the pair, tell authorities after the massacre that Harris’ father detonated a bomb that had been confiscated from Eric’s room in the spring of 1998. Dykeman also claims that he saw Harris and Klebold blow up things with bombs on several occasions.
  
  
• March 18, 1998—The Brown family calls Jefferson County Police again after Harris updates his website and writes, “God I can’t wait till I can kill you people. I’ll just go to some downtown area in some big ass city and blow up and shoot everything I can ... I will rig up explosives all over a town and detonate each one of them at will after I mow down a whole fucking area full of you snotty ass rich mother fucking high strung godlike attitude having worthless pieces of shit whores. i don’t care if I live or die in the shootout, all I want to do is kill and injure as many of you pricks as I can, especially a few people. Like brooks brown [a fellow student of Harris’ at Columbine High School].” Although one detective begins to prepare a warrant to search the Harris home for bomb-making materials (the warrant notes that a pipe bomb matching a description by Harris was recovered by police in February 1998 near his home), no concrete action is ever taken in regards to the complaint.
  
  
• November 1998—Harris designs a business project for his Government and Economics class. The proposal, “Hitmen for Hire,” is for a business “basically to kill people who anger our clients.” “Several weapons, such as a sawed-off pump-action riot shotgun, an AB-10 machine pistol, homemade rocket launchers, swords and daggers were gathered to help our business,” Harris adds. In a video produced for the assignment, Harris and Klebold take money from a student who complains of being bullied. The pair then shoot and kill a “jock” with fake guns in an alleyway.
  
  
• December 1998—Green Mountain Guns calls the Harris house to report that the 9mm magazines which were ordered (for Eric Harris) are ready for pick-up. Harris’ father answers the phone, says he did not place any such order, and hangs up. He does not question his son.
  
  
• February 1999—Klebold writes an essay for his Creative Writing class. It tells the story of a man who kills “preps.” The man is Dylan’s height, wears a trench coat (like both Klebold and Harris), and uses bombs, a knife and two guns. The essay uses inappropriate words like “pussy” and “prick.” Klebold’s teacher talks to his parents and later calls the essay, “the most vicious story I have ever read.”

All told, Klebold and Harris had 15 confirmed contacts with law enforcement before the Columbine massacre. This is information that would have been readily turned up in any type of background investigation prior to a firearm purchase (as opposed to an instant computer check through the National Instant Criminal Background Check System database maintained by the FBI). Only a handful of states in the U.S.(New Jersey being one example) license gun owners and conduct such investigations. Virtually every other industrialized democracy in the world has licensing and registration laws in place for gun owners and their weapons.

Criminal Neglect
What was done in the wake of the Columbine tragedy to eliminate the loopholes in America’s gun laws that Harris and Klebold so deftly exploited?

Not much.

To Colorado residents’ credit, they acted quickly to close the Gun Show Loophole at the state level. In 2000, 70% of Colorado voters approved Amendment 22, a referendum to require background checks for all firearm sales at gun shows. The “Robyn Anderson” bill was also passed to clarify state law and make it clear that no individual can legally transfer a long gun to a minor without the consent of that juvenile’s parent or guardian.

The U.S. Congress was a different story. On May 21, 1999, the U.S. Senate narrowly passed an amendment to close the Gun Show Loophole. Then-Vice President Al Gore had to use his constitutional power to break the 50-50 tie vote in favor of the amendment, which he dedicated “to all of the families that have suffered from gun violence.” Then the National Rifle Association (NRA) took over. They accused the White House of backing "a charade of lawmaking" and warned that they would "hold a mirror up to this dishonest process.” Sen. Larry Craig (R-ID), an NRA board member who led the effort to defeat the amendment, was equally confident. "I haven't lost," he said with a smile, wagging his forefinger in the air. "It's not over yet." These were not idle threats. Within days, similar Gun Show Loophole legislation was defeated in the House of Representatives. The Senate bill eventually stalled in conference committee.

The NRA continues to oppose efforts to close the Gun Show Loophole to this day, portraying them as some secret scheme to confiscate all privately-held firearms in America. Their defiance is certainly not a reflection of the views of the American people. According to a recent national poll, 87% of Americans—including 83% of gun owners—support closing the Gun Show Loophole.

One decade after Columbine, only 17 states in the U.S. have taken some action to close the Gun Show Loophole. It remains wide open for future Klebolds and Harrises in the other 33. As for illegal straw purchases, the recent undercover investigations by New York City and UC Davis demonstrate that they are as commonplace at gun shows as ever.

The Cost of “Freedom”
When police searched Dylan Klebold’s 1982 Black BMW following his shooting rampage, they found a newsletter from the Firearms Coalition of Colorado. “Dear Firearms Activist,” it read. “The Firearms Coalition of Colorado is working for you!” And working they were, to: a) Prohibit local municipalities from enacting gun control ordinances; b) Prevent law enforcement from exercising discretion in issuing concealed handgun permits, and; c) Bar the state of Colorado from suing firearm manufacturers “like the tobacco companies have had to fight.”

Klebold and Harris would have been gratified to know that all three of these campaigns were ultimately successful. The pair was concerned about their legacy and hoped to kick-start a “revolution.” They even spoke directly to future students in the “Basement Tapes,” stating, “If you’re going to go fucking psycho and kill a bunch of people like us...do it right.” Those who have been inspired to kill by Klebold and Harris have had no problem in following their model—weak gun laws in this country continue to allow the obviously disturbed to acquire arsenals of firepower.

“Whoever said the cost of freedom was free?” asked the Firearms Coalition of Colorado newsletter found in Klebold’s car. Certainly not the victims of Columbine. They understand the price we continue to pay for gun “freedoms” better than anyone.

A Tale of Two Terrorists

When most Americans think about gun control, they think about laws that are designed to stop street criminals from obtaining firearms. In the post-9/11 era, however, such laws are equally important in foiling the violent ambitions of terrorists. Because the gun lobby has successfully blocked federal efforts to prohibit those on the FBI’s Terrorist Watch List from buying guns, it is frequently up to individual states to provide the necessary safeguards to prevent such purchases.

Two recent arrests that made national headlines provide an interesting contrast in terms of states’ ability (or willingness) to handle this responsibility.

The first was made on September 25, when authorities apprehended 33-year-old Anes Subasic after a nine-hour search of his home in Holly Springs, North Carolina. Officials found counterterrorism literature, an empty sniper scope case, and ammunition in the house. Subasic is a Muslim who fled Bosnia during its civil war (later becoming a naturalized U.S. citizen). Along with Daniel Boyd, Zakaria Boyd, Hysen Sherifi, Dlyan Boyd, Ziyad Yaghi, and Mohammad Omar Aly Hassain; Subasic was charged with conspiring to provide material support to terrorists. The cell is accused of planning violent overseas operations and an attack on the Marine Corps base in Quantico, Virginia.

Not only was the cell able to acquire a substantial cache of firearms (Daniel Boyd was also charged with selling a Ruger mini 14 and ammunition to a convicted felon), but it has also been revealed that Subasic held a permit to carry a concealed handgun in North Carolina.

Not that there weren’t obvious red flags in his background... The Bosnian Serb Republic courts had issued four warrants for Subasic’s arrest, one of which was international. An official with the Bosnian Serb police stated that Subasic “is known to be part of a criminal gang that operated in the wider area of Bosnia and the region.” All told, Bosnian Serb police charged Subasic 11 times on 16 counts of attempted murder, extortion and robbery. A waitress in Banja Luka recalled Subasic entering a restaurant and spraying fire randomly with an automatic weapon. “Whoever knows Anes, they are not surprised [by his recent arrest],” she said.

Because North Carolina is a “shall-issue” state, authorities were required to issue Subasic a concealed carry permit after he passed a computerized background check (Subasic had only minor traffic offenses during his time in the U.S.). A simple background investigation should have turned up Subasic’s outstanding international warrants, but no such investigation is conducted either for firearm purchasers or concealed carry permit holders in North Carolina.

Another terrorist who was recently apprehended had a much harder time arming himself. On October 21, Tarek Mehanna, a 27 year-old resident of Sudbury, Massachusetts, was arrested and charged with providing material support to terrorists. Authorities say Mehanna was part of a cell that attempted to join terrorist groups in Iraq, Yemen and Pakistan. When they failed to gain admission, they began plotting attacks on U.S. soil.

Inspired by the 2002 sniper attacks in Washington, D.C., Mehanna and his co-plotters hatched a plan to commit a mass shooting in a shopping mall in Massachusetts. However, according to U.S. Attorney Michael Loucks, “Mehanna and his co-conspirators ultimately abandoned this plan, because they could not obtain the automatic weapons they thought necessary to effectively carry out such an assault.”

Massachusetts certainly does not make it easy for dangerous individuals to get assault weapons. Any resident seeking to obtain a "large capacity" weapon (including assault weapons capable of holding more than ten rounds of ammunition directly, or via a high-capacity magazine) must obtain a special Class A license. The screening requirements to obtain this license are extensive, and law enforcement is given the discretion to deny any applicant they believe is a potential threat to public safety.


Unregulated private sales of firearms are also closely regulated in Massachusetts. The state requires all private sellers to submit a written report documenting each firearm transfer to the executive director of the state’s Criminal History Systems Board. Purchasers of firearms from private sellers are also required to submit this information. Additionally, no more than four firearms may be transferred by a Massachusetts resident in this manner in a given calendar year.

The National Rifle Association loves to claim that criminals will always be able to obtain firearms, no matter what laws are passed. The case of Tarek Mehanna gives lie to this notion. Clearly, smart gun laws can deter dangerous individuals bent on arming themselves for violence. In a time when internal threats in our country are very real, state legislators should pay heed to the case of Mehanna and put public safety over the priorities of the gun lobby.

What's Going On (at Gun Shows): Caught on Video

Last month, Bullet Counter Points reported on a new study by Dr. Garen Wintemute of UC Davis that uncovered widespread illegal activity at gun shows in 19 states. This month sees the release of an equally revealing—and disturbing—study about these largely unregulated events.

On October 7, the City of New York released “Gun Show Undercover: Report on Illegal Sales at Gun Shows.” The report details undercover investigations that took place at gun shows in three states–Tennessee, Nevada, and Ohio—between May and August of this year. Private investigators were hired by the Office of NYC Mayor Michael Bloomberg to perform sting operations on federally licensed firearm dealers and unlicensed private sellers at 14 different shows in that time-frame.

The investigations expose the dangers of the “Gun Show Loophole,” which allows individuals who are “not engaged in the business of dealing firearms” to sell guns to others without conducting background checks or maintaining records of sale. Private investigators posing as purchasers approached 33 unlicensed sellers and told them that they “probably couldn’t pass a background check.” 22 (or 67%) of the private sellers responded with quips like “I don’t care” or “I couldn’t pass one either, bud” and sold a gun to them anyway. In these transactions, 20 semiautomatic handguns and two semiautomatic SKS assault rifles were sold illegally to investigators (it is against the law for private sellers to transfer a firearm if they have reason to believe the purchaser is prohibited under federal law from buying guns)

It also became apparent that many of these unregulated private sellers—despite not having a federal license—were indeed “engaged in the business” of dealing firearms, and therefore breaking the law. One seller in Sharonville, Ohio, told investigators that he had sold 348 assault rifles in “just under a year” for $174,000 in revenue.” Another seller had “over 100 guns on display in twelve professionally designed cases.” Others acknowledged that they sold firearms at gun shows on a regular basis.

Not that the record of licensed dealers was much better during the investigations... 17 licensed dealers at the shows were approached by investigators who simulated a “straw purchase.” In a straw purchase, a prohibited purchaser recruits an individual with a clean criminal record to fill out paperwork, pass the background check, and purchase firearms for him/her. Only one licensed dealer refused to sell investigators a gun in this manner, despite the fact that it constitutes a federal felony offense. In these sales, 16 semiautomatic handguns were sold illegally.

Undercover videos of several of these illegal sales can be viewed here.

The guns purchased in the NYC investigation were turned over to law enforcement authorities and did no harm in nearby communities. Two homicides that were recently reported in the media show the real-life damage that can be done by guns that are trafficked from gun shows, however.

A revolver sold by a private seller at a Reno gun show was recently found at the scene of a murder in Oakland. The seller informed authorities that the woman who purchased the gun suggested to him that she would not be able to pass a background check.

In Dayton, Ohio, a police officer who lost his wife tragically to gun violence in 2000 recalled that the murder weapon came from Bill Goodman’s Gun and Knife Show—one of the shows investigated by NYC authorities. “I’m a firm proponent of the Second Amendment,” said Officer John Beall, “but it is true that the subject who killed my wife walked into Bill Goodman’s gun show, no questions asked, while under indictment [and purchased the gun].”

As Mayor Bloomberg recently said, “This is an issue that has nothing to do with the Second Amendment; it’s about keeping guns from criminals, plain and simple.” That much is obvious—and we hope that President Obama and the ATF will pay heed to a paper recently sent to them by Mayors Against Illegal Guns (of which Mayor Bloomberg is a co-chair) entitled “Blueprint for Federal Action on Illegal Guns.” This document contains many important recommendations on how to better regulate gun shows—none of which require action from a U.S. Congress that lives in fear of the gun lobby.

"We cannot allow gun violence to take any more children's lives..."

The Children’s Defense Fund (CDF), a member of the Coalition to Stop Gun Violence, has worked tirelessly during their 35 years of existence to better the lives of children. The driving force behind these efforts has been CDF President Marian Wright Edelman. Edelman was a longtime activist in the civil rights movement and later moved to the District of Columbia to found CDF.

Recently, CDF released its 2009 “Protect Children, Not Guns” report, which evaluates the impact of gun violence on America’s youth. According to the most recent data from the Centers for Disease Control and Prevention (CDC), 3,184 children died from gunfire in the United States in 2006, a 6% increase from 2005. More preschoolers (63) were killed by firearms that year than law enforcement officers (48) in the line of duty. Since 1979, gun violence has ended the lives of 107,603 children and teens in the U.S. The data also reveals that black males ages 15 to 19 are almost five times as likely as their white peers and more than twice as likely as their Latino peers to be killed by firearms. Edelman firmly believes that “the United States does not provide a level playing field for all children, and our nation does not value and protect all children’s lives equally.”

Why does CDF continue to prioritize the issue of gun violence? Edelman says that “it is now more important than ever that we work to protect children from firearms in their homes, schools and communities.” In her mind, “we do not have a ‘child and youth problem,’” but a “profound adult problem.”

“It is up to every one of us,” Edelman states, “to let our elected officials know that we care deeply about controlling gun violence.” She feels that “stronger federal legislation could help protect more children” and outlines some key measures she would like legislators to act on.

First, she believes the “Gun Show Loophole” should be closed. While the Brady Law requires that federally licensed firearms dealers conduct background checks on every sale, the law allows private individuals to sell firearms without a license and avoid the required background checks, and these sellers frequent gun shows. One study estimated that 40% of all firearms in the U.S. are purchased without a background check. Edelman suggests that advocates push for passage of bipartisan bills to require background checks on all sales at gun shows, S.843 and H.R. 2324.

Edelman also believes that the National Instant Criminal Background Check System (NICS) should be strengthened. “The system could be strengthened by requiring states to provide more information to the FBI’s national database on prohibited persons, extending background checks to cover all purchases of firearms, and closing the [Terrorist Watch List] Loophole,” she says.

Finally, Edelman emphasizes the need to reinstitute the Assault Weapons Ban. While the ban, signed into law in 1994, banned 19 types of semiautomatic military-style firearms and high-capacity ammunition magazines, it expired in 2004.

Legislation is not enough by itself, however. Edelman believes “America has a deadly, historic romance with guns and violence. Our culture frequently glamorizes guns and violence in movies, television, music, and on the internet.” This culture of violence is “desensitizing” us “to the value of life,” according to Edelman, and “individuals and communities must act to end [it].”

Edelman envisions hard work on the road to a safer, more peaceful society: “Like the black students and other civil rights activists during the 1960s, we cannot wait placidly for change. They took control of their own destinies and fought inequality and discrimination—and we must do the same. We cannot allow gun violence to take any more children’s lives because of our complacency. We must take action now to let Congress know it must enact sensible gun legislation to stop the senseless killing of children and teens.”

Call Heeded

A remarkable victory was achieved by grassroots activists in Philadelphia last month when one of the most corrupt gun dealers in America was forced to permanently shutter his business. The activists’ campaign, known as “Heeding God’s Call,” relied on one very powerful “weapon”: faith.

The Heeding God’s Call campaign unites 39 churches, synagogues and mosques in the Philadelphia area that are frustrated with the high level of gun violence in the city and the refusal of Pennsylvania legislators to address the problem. "[We need] a reduction of violence, a reduction of homicides that are affecting Philadelphia," said Allen Bartlett, assisting bishop for the Episcopal Diocese of Philadelphia in 2008. "It's getting worse. Guns have to be acquired somewhere and so we're going to the source."

It turns out the primary source of Philadelphia’s crime guns was Colosimo’s, a prominent gun store in Philadelphia. 2003 data from the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF) data showed that from 1989 to 1996, Colosimo’s sold 425 guns traced to crime (10 homicides, 85 assaults, 30 robberies and 300 additional gun crimes). Colosimo’s ranked fifth among federally licensed dealers in the U.S. in terms of having the highest number of guns traced to crime. Additionally, ATF data showed that 20% of all the guns recovered at crime scenes in Philadelphia were originally purchased at Colosimo’s.

“Naturally, I have more traces,” said James Colosimo, the store’s owner. “I’m the oldest gun dealer in Pennsylvania. I’ve sold more guns.” Bryan Miller of Ceasefire New Jersey saw it differently. “All of the bad guys in Philadelphia and Camden know they can straw-purchase guns at Colosimo’s,” he said. “Colosimo’s values profits over the lives of others,” added Philadelphia Solicitor Shelley Smith.

The members of Heeding God’s Calls met with Colosimo in December 2008 and asked him to sign a Responsible Firearms Retailer Partnership 10-Point Voluntary Code to reduce the amount of straw purchases and “irresponsible” gun sales taking place at his store. The code was based on one that had been adopted by Wal-Mart at the request of Mayors Against Illegal Guns in April of that year.

After Colosimo refused to sign the document, members of Heeding God’s Call began a series of protests. Twice a week for nine months, they gathered in front of the gun shop to demonstrate and pray. On January 12, members of Heeding God’s Call were arrested after entering Colosimo’s and charged with trespassing and disorderly conduct. At their trial in May, their attorney argued that their behavior “was justified because they were trying to prevent a greater evil”—deadly shootings in Philadelphia. Defendant Kemah Washington, from the Church of the Advocate in Philadelphia, told the judge, “Being arrested in January was never my intention. I did not go to be a nuisance nor did go to engage in any tumultuous behavior, but I hear the cries from our children and knew I had to react to their cries, I knew I had to stand up and be a voice for those who have been killed or maimed by gun violence.” The 12 defendants were acquitted of all charges.

Probably not coincidentally, the store began to draw intense scrutiny from federal agents during the demonstrations and trial. On September 22, U.S. Attorney Michael Levy charged Colosimo’s with making false statements and failing to properly maintain firearm transaction records. The ATF found that Colosimo’s had sold at least 10 guns to three people in straw purchases between 2004 and 2007, including through “controlled buys” that had been set up by the agency. On September 28, James Colosimo pled guilty. His federal license to sell firearms has been revoked and as of October 1 a small sign appeared on the front door of his shop that said “Closed for inventory.”

After hearing that news, Cherie Ryans—a Philadelphia mother who spent Saturdays outside Colosimo’s in memory of a son she had lost to an illegal gun—said, “I will never find the person who took my son’s life, but another life will be spared because this shop has closed.”

The Philadelphia Inquirer opined: “Activism of the Heeding God's Call variety—as well as the increasingly vocal Mayors Against Illegal Guns campaign in Pennsylvania –is the best hope for pushing back against National Rifle Association opposition to commonsense trafficking safeguards.” We agree, and hope the efforts of these courageous activists will serve as a model—and a source of inspiration—for other Americans trying to save lives in their communities.