A Winning Issue

It has already been well chronicled that gun control supporters fared well in the November 2 elections. As the Brady Campaign to Prevent Gun Violence pointed out, candidates who endorse common-sense gun laws won Senate races from both sides of the aisle. Victorious on Tuesday were the following Democrats: Barbara Boxer in California; Chuck Schumer and Kirsten Gillibrand in New York, Ron Wyden in Oregon; Barbara Mikulski in Maryland; Daniel Inouye in Hawaii; Richard Blumenthal in Connecticut, Michael Bennet in Colorado; and Chris Coons in Delaware. Then there is the incoming Republican Senator from Illinois, Mark Kirk, who currently serves as the Co-Chair of the Task Force on Illegal Guns in the U.S. House of Representatives.

Much was made of the fact that the National Rifle Association (NRA) endorsed many Blue Dog Democrats running for re-election in the House, but the support of the gun lobby did little to improve their fortunes. Of the 49 Democratic incumbents who lost in the November 2 elections, 29 (59%) had an A rating from the NRA, 27 were endorsed by the NRA (55%), and 25 (51%) received financial support from the NRA. On the flip side, only three of the 101 Democratic House incumbents who co-sponsored legislation to close the Gun Show Loophole (H.R. 2324) lost on Tuesday. The loophole allows private individuals to sell firearms at gun shows without conducting background checks on purchasers or maintaining records of sale.

One particularly interesting House race took place in Virginia’s 11^th Congressional District, where first-term Democratic Rep. Gerry Connolly faced off against Keith Fimian, a local businessman. The 11^th is as “an odd-shaped Congressional District stretching from the rural Virginia horse country near Warrenton, then meandering east through the battlefields at Bull Run, and finally racing north headlong towards the uber-metropolian suburbs of Fairfax and Arlington. Nestled near the armpit of the District lies the impressive headquarters of the National Rifle Association.” In 2009, the 11^th supported the Republican slate, voting for Bob McDonnell as Governor, Bill Bolling as Lieutenant Governor, and Ken Cuccinelli as Attorney General.

The NRA’s endorsement in its home district went to Fimian. The gun issue did not figure large in the race, however, until Fimian made the following controversial comments:

I think that at Virginia Tech, if one of those kids in one of those classrooms was packing heat, I think that would not have happened … The perpetrator of that crime would have thought twice before walking into a classroom if he thought there was any chance of someone being armed and preventing him from doing that.

Gerry Connolly immediately bucked the “conventional wisdom” among Democrats in rural and conservative districts that the gun control issue is “untouchable” and “a loser.” James Walkinshaw, Connolly's campaign manager, told the press that “Keith Fimian's extreme position on guns and outrageous comments about the Virginia Tech tragedy serve to show yet again that he is too extreme for Northern Virginia. Fimian's opposition to closing the Gun Show Loophole, his callous lack of regard for the victims of the tragedy, and belief that guns should be allowed on our schools and college campuses are way out of the mainstream.”

Survivors of the shooting at Virginia Tech also took great offense to Fimian’s remarks. Omar Samaha, who lost his sister Reema during the tragedy, appeared in a television ad sponsored by Americans United for Safe Streets (AUSS). "Ask Keith Fimian why he's protecting criminals, instead of protecting us,” he implored his fellow Virginians. Retired Lt. Col. Peter Read, whose daughter Mary was also killed, accepted an apology from Fimian for his remarks, but noted, “He has yet to decide his answer on the simple question of whether he'll support background checks for every gun sold at a gun show. I need my representative in Congress to know the answer to that question.”

The pressure to clarify his stance on these issues became so intense that Fimian’s campaign literally began to run from questions.

Overcoming a massive wave that saw the Republicans gain 60+ seats in the House, Connolly prevailed in the 11^th on Election Day. He currently holds a 935-vote lead over Fimian, with only 300 ballots left to be counted. As one voter told The Connection Newspapers, “I heard some comments that one of the candidates made about Virginia Tech, and I decided to come out and vote for the other guy.”

Even the blog Red NoVA had strong words on the matter: “Keith’s comments saying that if a student was ‘packing heat’ there would have been fewer deaths were incredibly insensitive and damaging to his cause … To make matters worse, this entire drama unfolded on every network news station in the DC region.”

Time will tell if other Democrats in the Commonwealth and across the country catch on, but public safety was clearly a boon to the party in an otherwise disastrous 2010 election. Resources also make a difference—AUSS spent $450,000 on ads and mailers in the VA-11 race and it paid off. Far from a liability, strong support for policies to keep guns out of the hands of criminals is a career booster.

"Like Buying a Candy Bar"

On July 14, U.S. Rep. “Bobby” Scott (D-VA)—the Chair of the Subcommittee on Crime, Terrorism, and Homeland Security—co-hosted a Congressional Forum with Reps. Mike Castle (R-DE), Carolyn McCarthy (D-NY) and Mike Quigley (D-IL). The forum was designed to explore the merits of H.R. 2324, the “Gun Show Loophole Closing Act of 2009.”

The “Gun Show Loophole” is a serious gap in our nation’s gun laws which allows individuals to buy firearms without undergoing a background check. Federal law mandates that all federally licensed firearms dealers (FFL’s) administer background checks to purchasers. In 37 states, however, the Gun Show Loophole allows “private sellers” who are “not engaged in the business of dealing” firearms to sell guns without processing background checks or keeping records of sale.

The forum began with a series of undercover videos that illustrate how easily the Gun Show Loophole can be exploited. One video from the City of New York showed investigators buying firearms from private sellers at seven gun shows in three states. The city’s investigators conducted “integrity tests” where they told the sellers outright that they “probably couldn’t pass a background check.” Nonetheless, 19 out of 30 private sellers sold them guns anyway in violation of federal law. One private seller from Ohio was caught on tape bragging that he had sold 348 assault weapons in the previous year (no federal agency monitors private individuals’ income to determine if their principal source of livelihood is firearm sales). He then told the investigator not to worry about not being able to pass a background check, stating, “I don’t care ... I wouldn’t pass one either, bud.”

Those present then heard testimony from two panels of law enforcement officials, municipal officials, and gun violence survivors. Some of the most informative testimony came from Gerald Nunziato, a retired Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Nunziato worked for the ATF from 1970 to 1999 in Michigan, Ohio, Florida, Maryland and Washington, D.C. Nunziato’s extensive experience with illegal firearms trafficking investigations showed him that “gun shows are a major outlet for burglars to sell stolen firearms and a place for criminals to shop for the types of firearms they desire.” Nunziato observed that criminals frequently “sought out the known firearms traffickers who would go to gun shows to obtain the type of weapon they needed.” “Buyers at gun shows have a huge selection of firearms and the sellers of stolen firearms and those with criminal intentions have little fear of being detected,” he stated. Perhaps most disturbingly, Nunziato noted that during his time as head of the ATF’s National Tracing Center, 45% of guns used in crime nationally were untraceable, in large part due to unregulated private sales, which leave no paper trail for law enforcement to follow.

Colonel (Retired) W. Gerald Massengill, a former Superintendent of the Virginia State Police, also provided compelling testimony. Following the 2007 mass shooting at Virginia Tech, Massengill chaired the Virginia Tech Review Panel, which recommended requiring background checks for all private sales, including those at gun shows. A firm believer in Second Amendment rights, Massengill stated the problem very simply: “A gun can be legally bought from a private sale at a gun show in Virginia today with no questions as to your identity or background—much like buying a candy bar in a candy store. It seems to me that common sense tells us that such sales are not in the interest of public safety ... We, as a society, need to do all that’s reasonable and prudent to ensure that firearms cannot go, unabated, to felons and the adjudicated mentally ill.” The Virginia Statehouse News has posted two videos of Massengill discussing the Gun Show Loophole outside the forum here.

Virginia Tech survivor Colin Goddard was the final—and perhaps most powerful—speaker at the forum. Goddard was shot four times in 10 minutes at Virginia Tech on April 16, 2007; 10 minutes that, he said, changed his life forever. Although Virginia Tech shooter Seung-Hui Cho acquired his handguns legally through FFLs, Goddard noted that “he could have easily attended any of the dozens of gun shows that take place throughout Virginia each weekend and bought the same weapons from a ‘private seller’ with no background check into his mental history, and no questions asked.” Goddard knows this first-hand, as last summer he travelled to gun shows in Texas, Ohio, Maine, Minnesota, and Virginia and recorded undercover videos of private firearm sales. He and a friend were able to buy semiautomatic handguns and assault weapons without showing any ID or undergoing any background checks. Goddard even purchased the same handgun that was used to shoot him—cash and carry. No transaction took more than five minutes to complete. “Why should sellers at one table be required to run background checks, when the sellers, literally two tables down—with the exact same weapons—are allowed to sell their guns to anyone who just has the cash in hand?” Goddard asked those in attendance. “It’s no mystery why the guns sold by so-called ‘private sellers’ are often more expensive than the exact same model sold by licensed gun dealers. Purchasers who know they can’t pass a background check are willing to pay a premium. One seller told me straight up, and I quote, ‘No paperwork, no tax, that’s gotta’ be worth something.’” As Goddard noted, “For gun traffickers, domestic abusers and felons who can’t pass a background check, that’s worth plenty.” Rep. Castle described Goddard’s testimony as the “most compelling” he has heard during his time in Congress.

The National Rifle Association continues to oppose closing the Gun Show Loophole and claims that gun shows are frequented not by criminals, but by millions of “law-abiding citizens, collectors, hobbyists, hunters, target shooters, law enforcement officers and memorabilia shoppers.” Why then, Gerald Nunziato asked, is the carrying of loaded firearms strictly prohibited inside gun shows? The lawless and dangerous atmosphere inside these events was highlighted this month when the Wyoming Department of Revenue suspended sales tax collections at gun shows because of violent threats that were being received by the state’s field tax agents. Dan Noble, director of the department’s excise tax division, said that “every one” of his state agents has experienced “animosity” from gun show attendees, and “because there are guns there...I don’t want to put my people at risk.”

H.R. 2324, the “Gun Show Loophole Closing Act,” currently has 109 co-sponsors in the House of Representatives. Its Senate counterpart, S. 843, the “Gun Show Background Check Act,” has 17 co-sponsors. You can help by calling your Members of Congress today at (202) 224-3121. Ask them to co-sponsor H.R. 2324/S. 843 and encourage their colleagues to do the same!

The Strong Link in the Chain

“The record is clear: Gun control primarily impacts upon upstanding citizens, not criminals,” the National Rifle Association (NRA) states on its website. Ignoring both national and international data on gun death and homicide, the gun lobby claims that gun control has no positive effect whatsoever. A recent high-profile tragedy, however, illustrates how dangerous individuals can be effectively prevented from acquiring firearms by strong gun laws.

On March 4, California resident John Patrick Bedell, 36, opened fire on two police officers at the entrance of the Pentagon. He was armed with two semiautomatic 9mm handguns despite a history of mental illness and early warnings from family members that he might pose a danger to himself and others. The officers were wounded and, returning fire, killed Bedell.

Bedell’s early adulthood was marked by promise and potential. He was an intelligent young man who was close to receiving a degree in electrical engineering from San Jose State University. Approximately ten years ago, however, he began to spiral into mental illness. Doctors diagnosed him as bipolar and manic-depressive, and Bedell began to self-medicate by growing and smoking marijuana that may have enhanced the symptoms of his disorder. His family states that despite their attempts to keep him in treatment, he was eventually consumed by conspiracy theories and virulently anti-government beliefs.

Eventually these extreme beliefs led to violent thoughts. Jeffrey Bedell stated that his brother had attempted to purchase a firearm in Rancho Cordova, California, in January. The purchase was denied because he failed to pass the required background check as a result of his mental health history.

Under federal law, anyone that has been adjudicated as a “mental defective” or involuntarily committed to a mental institution is prohibited from purchasing firearms. California provides additional restrictions under state law that give it the most effective gun control regime in the country, according to the Brady Campaign to Prevent Gun Violence. As a “Point of Contact” state, California searches not only the FBI’s National Instant Criminal Background Check System (NICS) for disqualifying records, but also a database maintained by the California Department of Justice. This database contains records from the California Department of Mental Health, which is required by state law to forward them. California has submitted more mental health records to NICS than any other state, more than 200,000 in total. The Golden State also requires background checks on all gun sales, whether they are made by Federally Licensed Firearms Dealers (FFLs) or private individuals.

After he was prevented from buying a handgun in California, Bedell still had the option to buy firearms in neighboring states with far weaker gun laws. It appears that at least one of Bedell’s handguns was obtained through an unregulated private sale in Nevada. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) traced the Sturm, Ruger & Co. 9mm used by Bedell to a Las Vegas gun show 19 days after he failed his background check in Rancho Cordova.

The Ruger’s trail originated with the Memphis Police Department in Tennessee. The department seized the handgun five years ago from a felon during a traffic stop and traded it to a licensed gun dealer in Georgia. The Ruger then turned up at a Las Vegas gun show earlier this year, where it was transferred through a private party sale. Authorities say this individual then sold the handgun to another private party, which may or may not have been Bedell. At that point the trail goes cold, because although Las Vegas County requires handgun registration, it is the only county in Nevada that does. Wherever and whenever Bedell obtained his handguns, he did so without undergoing a background check or filling out any paperwork.

Los Angeles County Sheriff Lee Baca summed up the problem accurately: “The key is anyone can leave California and buy a gun anywhere else that doesn’t have strong gun laws. Whether you’re mentally ill or stable, either way, guns are easily accessible because states have different policies.” Translation: A chain is only as strong as its weakest link.

The next time the gun lobby tells us that gun control is doomed to fail because criminals don’t obey laws, we should remember that states like California don’t give them a choice in the matter. If the Golden State was the model for the other 49 states, deranged individuals like John Patrick Bedell would be significantly hindered in their quest for lethal firepower.

What's Going On (at Gun Shows): The Heavy Hand of Reason

During the past year, there have been a number of groundbreaking investigations that have exposed the dangers of the “Gun Show Loophole.” The loophole allows unlicensed individuals to sell firearms from their “personal collections” at gun shows without conducting background checks or maintaining records of sale. The latest hotspot for gun show controversy is central Texas, where an effort by law enforcement to regulate criminal activity has run into resistance.

Federal agents from Immigration, Customs, and Enforcement (ICE) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are partnering in an investigation that has uncovered dozens of cases of criminal activity occurring at gun shows throughout Texas. The Austin Police Department (APD) has assisted in this effort by arresting “prohibited persons (primarily convicted felons and illegal immigrants) that obtained firearms illegally at a local gun show.” “Virtually all” of these sales to prohibited purchasers were made by private citizens who are unlicensed sellers, both inside the shows and in the parking lots outside. Federal convictions have been obtained in a majority of cases.

Because of the recurring criminal activity at Texas Gun Shows events in North Lamar, the APD Nuisance Abatement Unit conducted a meeting with the property lessee for the shows (HEB Grocery), the building sub-lessee (Andrew Perkel, Austin Event Center) and the event promoter (Darwin Boedeker, Texas Gun Shows). At the meeting, ADP and ATF officials offered several recommendations to reduce illegal gun sales, including: 1) Allowing only licensed gun dealers at the shows; 2) Providing on-site security to prevent illegal sales in the parking lot, and; 3) Defining a process for non-licensed firearm sellers to participate to ensure that background checks are conducted. HEB Grocery agreed with these recommendations and instructed Perkel and Boedeker to implement them.

Boedeker complied with HEB’s request and put up a sign outlining the first two recommendations at the two-day gun show held on January 16-17. When police reported that a private gun sale to an illegal immigrant had nonetheless occurred that weekend, HEB Grocery announced that gun shows would not be hosted on their property until the issue was resolved.

Boedeker, outraged at the decision, began organizing a petition to the Texas Attorney General and stated, “All they are doing is keeping the honest man from being able to do what is afforded to him by the Constitution.” But he seemed to contradict himself in explaining what happened at the meeting. While on one hand Boedeker admitted, “[Law enforcement] made it a point to keep repeating themselves [to say] ‘these are just recommendations,’” on the other, he quoted them as saying, “You do what we say or we shut you down.”

Conspiracy theorist/radio host Alex Jones then interviewed Boedeker and helped him articulate his outrage further. Jones didn’t hesitate to take the opportunity to attack the Obama Administration, saying, “He’s got these armed thugs doing this. This is tyranny. This is the end of America.” His comments about ATF agents were even more offensive and recalled the National Rifle Association’s “jack-booted thugs” smear. “They are an absolutely wicked bunch of un-American trash,” said Jones.

The controversy over Texas Gun Shows recalls a 2004-2005 investigation of gun shows in Richmond, Virginia, that was conducted by the ATF. During that investigation, 56 arrests were made for the following violations of state and federal law: Making False Statements on ATF Form 4473, Felon in Possession of a Firearm, Straw Purchase of a Firearm, Possession of Marijuana, Possession of Cocaine, Felony Fugitive Apprehension, Misdemeanor Fugitive Apprehension, Carrying a Concealed Weapon and Grand Larceny—Theft of Firearm.

The promoter of the Richmond shows, Steve and Annette Elliot of C&E Gun Shows, nonetheless described the investigation as follows: “It's just a persecution thing. It's not really an attempt to solve crimes or stop them. It's their way of trying to get rid of gun shows.” ATF was then hauled in front of the House Subcommittee on Crime, Terrorism and Homeland Security for a show trial. Chairman Howard Coble admonished, “it does appear that maybe the ATF activity may have risen to the threshold of being heavy-handed.” No action was taken against C&E Gun Shows. They continue to profit and have done nothing to modify their business practices to curb the criminal activity catalogued by ATF.

Were the actions of the APD and ATF in central Texas “heavy-handed”? Not by any reasonable American’s standard. For starters, Texas is the leading source state of guns being illegally trafficked to drug cartels into Mexico, and that is probably why so many illegal immigrants were arrested buying firearms at Texas Gun Shows events. Second, a 2009 survey by Republican pollster Frank Luntz showed that 69% of National Rifle Association (NRA) members and 85% of non-NRA gun owners support background checks for all firearm sales at gun shows. Finally, even the NRA was forced to admit that the “voluntary agreement concerning the transfer of firearms at the Austin gun show…was a self-imposed regulation, not a rule from the BATFE [popularly known as the ATF] or an ordinance of the City of Austin.”

It doesn’t take a law enforcement professional to realize there is a problem when criminals and illegal aliens (whom the NRA describe as “criminal aliens”) are openly buying firearms without undergoing background checks at gun shows. Hopefully, Texas officials will dispense with Alex Jones’ conspiracy theories and continue to act in the interest of public safety.

Practice Makes Perfect

A failed shooting attempt at the Woodbridge campus of Northern Virginia Community College (NVCC) suggests that there has been progress made in responding to “active shooter” incidents at our nation’s colleges and universities.

On December 8, student Jason Hamilton, 20, walked into a classroom at NVCC and fired two shots at his mathematics professor with a Marlin .30-06 bolt-action rifle he had bought the day before at Dick’s Sporting Goods. The teacher took cover under a desk after the first shot and was not injured. As Hamilton attempted to fire a third time, his gun jammed, and he discarded it. He then walked out of the classroom and sat down in a chair in the hallway.

It didn’t take long for authorities to find him. Prince William County police began arriving on the scene within two to three minutes of the shots. An emergency response team at NVCC’s offices in Annandale coordinated the response via phone and Internet and locked the Woodbridge campus down.

NVCC had created the job of Director of Emergency Planning a few months after the shooting tragedy at Virginia Tech on April 16, 2007. Since that time, NVCC has trained faculty and staff in emergency response, purchased additional emergency notification equipment, and enhanced cooperation with local law enforcement. Just two days before the December 8 incident, NVCC’s campus police had conducted a mandatory, eight-hour training session where they practiced a scenario in which a student shot a teacher. “Everything that was done on Tuesday, we had practiced on Sunday,” said Cheryl Creed, NVCC’s acting Police Chief.

The county and campus police kept the campus locked down for approximately three hours after Hamilton was arrested in case there were other suspects still at large. “We erred on the side of caution and kept the lockdown until we could complete the search and evacuation,” said Prince William Police Chief Charlie T. Deane.

Not everything went smoothly. It was more than 30 minutes before an announcement was made over classroom speakers informing students and faculty to shelter in place due to an emergency. As a result, some rushed out of the building after shots were fired in violation of the school’s emergency policy. Interestingly, students made up for some of these communication mishaps by sharing information through text messages.

In any case, it was a vast improvement over the Virginia Tech response, where the administration never ordered a campus shutdown and delayed notifying students and faculty after the first two victims were shot and killed in West Ambler Johnston Hall.

Perhaps in part because of improving emergency preparedness, Colorado State University’s Board of Governors recently voted unanimously to overturn the school’s policy allowing concealed handguns on its two campuses. “This makes us fairly unusual,” said Pueblo Campus President Joe Garcia, “as most institutions of higher education have a complete concealed weapons ban.”

Garcia is right. Utah’s public colleges and universities and Blue Ridge Community College in Virginia are now the only schools in America (out or more than 4,300 colleges and universities in the United States) that allow concealed handguns on campus.

Colorado State University is also now aligned with the policy of the International Association of Campus Law Enforcement Administrators (IACLEA), which has stated, “There is no credible evidence to suggest that the presence of students carrying concealed weapons would reduce violence on our college campuses” and called on public policy makers to “weigh heavily the…unintended consequences of any proposals to allow college students and any other persons to carry concealed weapons on campus.” IACLEA is instead “working with other campus public safety stakeholders to provide and promote campus crime prevention training programs, as well as to develop strategies and programs to enhance emergency preparedness.”

It is good to see that such efforts are bearing fruit. While the Woodbridge incident could have been far worse-particularly if Hamilton had used a more dangerous firearm like an assault rifle-law enforcement deserves credit for taking campus safety seriously and demonstrating results.

Gunning for the President

The nation, sadly, has become well acquainted with the phenomenon of individuals bringing loaded guns to town hall meetings, presidential speeches and other political events. Initially, these shows of force were headline news and covered nationally. Recently, however, two disturbing incidents occurred that barely made a blip on even the local media radar.

On the evening of September 9, President Barack Obama was at the U.S. Capitol preparing to address a joint session of Congress on the subject of health care reform. At approximately 8:00 p.m., Joshua Bowman, 28, of Falls Church, Virginia, attempted to drive his Honda Civic into a secure area near the Capitol. U.S. Capitol Police stopped him and, searching his car, found a rifle, a shotgun and 500 rounds of ammunition. Bowman was arrested on the spot and charged with two counts of possession of an unregistered firearm and one count of unlawful possession of ammunition. An Associated Press article noted that “Bowman’s intentions were unclear.”

A spokesman for the U.S. Attorney’s Office in Washington has stated that they have decided against prosecuting Bowman on more serious charges. It is difficult to imagine, however, what legitimate reason there might have been for bringing that kind of firepower to the Capitol when so many important elected officials were gathered in one place.

Three days later, Josh Hendrickson of Rogers, Minnesota, traveled to a rally outside the Target Center in downtown Minneapolis, where President Obama was giving another speech on health care reform. Hendrickson, a concealed carry permit holder in Minnesota, was carrying a .40 caliber Glock 22 handgun in a holster on his hip, and a Kel Tec 380 in his pocket. “The Second Amendment isn’t suspended just because the president’s in town,” he explained. He was questioned by Minneapolis police and Secret Service agents, but no charges were pressed.

Hendrickson described himself as a “pretty laid-back guy,” a National Rifle Association member who always takes his keys, wallet and guns when he leaves the house. In reality, Hendrickson is a “Truther” with a violent criminal history. In fact, he was recently released after serving a 60-day stint in jail for pepper spraying a customer at the Cub Foods where he worked as a security guard. The woman had parked illegally, Hendrickson claims, and was being belligerent. “It didn’t cause a commotion,” though, he assured a reporter. Nonetheless, Hendrickson was fired, charged with fifth-degree assault, and convicted.

Nor was that his only contact with law enforcement. Hendrickson described two other incidents, one “a disorderly conduct charge involving a parking lot argument as his son’s school” and another “a dispute over a neighbor’s dog, in which police were called.” A search of the Minnesota Trial Court Public Access website reveals a total of 9 convictions for Joshua David Hendrickson, born in November 1976: 1 for 5^th degree assault, 1 for Disorderly Conduct—Brawling or Fighting, 3 for Disorderly Conduct, 1 for Reckless Driving, 2 for Driving While Intoxicated, and 1 for Interfering with an Emergency Call.

Sadly, Hendrickson was able to obtain a concealed handgun permit in Minnesota and hold on to it despite this extensive criminal record. Under Minnesota law, Hendrickson’s permit could have been revoked after his conviction for fifth-degree assault. And the law would have required law enforcement to revoke Hendrickson’s permit following his DWI convictions had he been armed during either one of these incidents. Although Minnesota is a “shall-issue” state, Minnesota sheriffs are also permitted to deny permits if they believe there is a “substantial likelihood that the applicant would be a danger to self or others.”

That Hendrickson was able to avoid all these hurdles and carry handguns near the president without being arrested is astonishing. “Now I’m going to be the guy with the assault record—the gun-carrying assaulter of people who’s outside the Obama rally,” Hendrickson predicted.

On that point, he was right. The natural question is now: How many other individuals carrying guns at political events (either openly or concealed) have disturbing criminal histories? And why is the media already losing interest in what should be headline news?

“Those types of weapons ... They’re pretty powerful.”

The National Rifle Association (NRA) has long claimed that assault weapons are no more dangerous than any other type of rifle, stating: “In the mid-1980s, gun control groups invented the slang term ‘assault weapon’ and applied it to certain semi-automatic firearms which, though designed for civilian use, look like modern fully-automatic assault rifles used by the military.” That view contrasts sharply with that of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which apparently speaks in slang: “Assault weapons were designed for rapid fire, close quarter shooting at human beings. That is why they were put together the way they were. You will not find these guns in a duck blind or at the Olympics. They are mass produced mayhem.”

The expiration of the federal Assault Weapons Ban in September 2004 has led to real violence in our country, as we have seen in a series of disturbing shootings this year. Sadly, it is our nation’s law enforcement officers who are often caught in the crosshairs of these weapons. Just ask Officer Sean Fleming of the Chesapeake Police Department.

On June 1, Fleming was on his way home from the Department’s third precinct when he responded to a call of shots fired near Interstate 64. He arrived at the scene in his green Jeep Wrangler and immediately met an onslaught of bullets fired by Christopher White, who hours earlier had assisted in the abduction of Tione Vincent, 30, off of East Liberty Street in Norfolk, Virginia.

White jumped out a van and opened fire on Fleming with a semiautomatic AK-47 assault rifle. In the resulting firefight, Fleming was shot four times. The gunfire also blew out two of the Jeep’s tires, shattered its front headlights and left 12 bullets holes in the front windshield. Police believe that two rounds went through the metal of Fleming’s car before piercing his bullet-proof vest—a demonstration of the power of the AK-47. All told, White fired approximately 30 rounds at the Jeep in a matter of seconds.

As Chesapeake Police Major T.D. Branch noted, “Those types of weapons, depending on what kind of rounds, typically penetrate metal. They’re pretty powerful.”

Additional officers arrived on the scene quickly and gave chase to White and his fellow captors, who fled the scene. In a firefight that ensued, White was killed and two other suspects were arrested. Sadly, Tione Vincent was found dead in the back of the van, apparently killed before police arrived.

Thankfully, Officer Fleming survived his injuries after being airlifted to Sentara Norfolk General Hospital and is now recovering. It is also a credit to law enforcement that no civilians were injured given that the shootout occurred in a busy intersection near rush hour.

As of June 11, the Chesapeake Police Department was still attempting to determine how White acquired the AK-47 used in the shooting. Before this incident, White was wanted in Norfolk on a series of charges including robbery, conspiracy and failure to appear in court—and as a fugitive from justice would have been banned under federal law from purchasing or owning firearms. It is possible that he acquired the weapon through an unregulated private sale in Virginia. Such sales do not require sellers to conduct background checks or maintain records of sale.

The NRA justifies its support for the legalization of assault weapons by stating that “self-defense is the primary purpose of the right to keep and bear arms.” After a series of assault weapon shootings this year targeting police, perhaps the best response to this question is: Defense against whom?

“The academic environment is sacred…and students need to feel safe.”

Here at Bullet Counter Points we like to highlight the exceptional work that everyday Americans are doing to prevent gun violence in their communities. Today we focus on a young man who is determined to keep America’s college campuses safe.

On April 16—the second anniversary of the Virginia Tech shooting tragedy—approximately 300 students staged a “walk-out” of their classes at the University of Texas to protest a bill in the state legislature that would allow students and faculty to carry concealed weapons on campus. The students made their way to the Texas Capitol building, where they chanted in protest and rang a bell 32 times for the victims lost at Virginia Tech.

At the head of the marching students was John Woods, a Campus Leader with the group Students for Gun Free Schools (SGFS) who organized the demonstration. John is currently a graduate student at the University of Texas, but was directly affected by the shootings at Virginia Tech. He was an undergraduate at the college on April 16, 2007, and lost his girlfriend and a number of other close friends that day.

“I didn't have a choice about becoming involved,” John says. “When the shootings happened at Virginia Tech, there was no purpose to them. The people I cared about—they didn't die defending their country or their beliefs. They died for nothing.”

“I needed for there to be a purpose,” he recalls, “so I started looking at prevention. Texas lawmakers, however, started using the Virginia Tech tragedy to market concealed carry on campus. ‘The death toll could have been reduced,’ they said. From talking to survivors, though, I knew this was extremely unlikely. I knew that what the authors of the concealed carry legislation were claiming was a Hollywood fantasy.”

John resolved to organize on campus to fight HB 1893, a bill sponsored by state Rep. Joe Driver (R-Garland), who claims that allowing students to carry concealed weapons on campus would help to prevent another Virginia Tech. John was already active in Student Government at the University of Texas and found out about the organization Students for Gun Free Schools. He quickly signed up as an SGFS Campus Leader.

“I organized the walk-out because I had been to a number of offices in the Capitol where they seemed completely shocked that students were against the bill,” says John. “We hoped the walk-out and rally would show them, in a very visible way, that students did not want guns on campus.” He is now organizing students to come back to the Capitol on May 11 when the Texas House of Representatives is scheduled to vote on HB 1893.

When John talks about “prevention,” he has something specific in mind: “I think gun laws in this country utterly lack common sense. Specifically, I think background checks [on gun purchasers] need to be universal.”

John also stresses that our nation’s college campuses are some of the safest places in the country, far safer than the communities that surround them. “When someone says guns on campus make faculty and students safer,” he says, “I tell them campuses are already about as safe as they can be. I tell them to talk to the survivors of the Virginia Tech shooting, who are experts on the issue. I also point out that the lack of guns on campus enables police to respond extraordinarily quickly to a crime, particularly in an active shooter situation.”

“I think it's important to note that guns are dangerous in certain circumstances. They're not allowed in football games or athletic events or in the gallery of the Texas Capitol. Why not? They can’t be carried by private citizens onto airplanes, even though the gun lobby would have us believe someone could stop a hijacking with one in the right place at the right time. Why not? And why is campus different?”

With the gun lobby pushing to force universities to allow guns on campus, John says now is the time for others to get involved. “To other students, I would say this: Get existing leaders on campus involved. Student government organizations are always looking for ways to get things done so they can say to students, ‘Look, we accomplish things for you.’ Hold them to it—show them that this issue is important. Recruit volunteers from among them. Or run for a position yourself if you have to.”

John also emphasizes public education about loopholes in our current gun laws. “Most people don't think about it,” he says. “When they do, they end up wanting common sense gun laws.” John makes reference to another bill in the Texas state legislature that would make Texas (for the first time) forward mental health information to the National Instant Criminal Background Check System (NICS) to prevent deranged individuals from acquiring guns through licensed firearms dealers.

Ultimately, John sees irony in his current activism. “My precise stance on guns on campus is much like [National Rifle Association CEO] Wayne LaPierre's ten years ago,” he notes. “Schools should have absolutely zero tolerance for weapons of any kind, except in the hands of law enforcement. The academic environment is sacred, and more importantly, it's safe, and students need to feel safe.”

Advocates Determined to Close Gun Show Loophole in Commonwealth

On January 13, staff from the Educational Fund to Stop Gun Violence was honored to join victims and survivors from the tragic shootings at Virginia Tech; concerned students from Longwood University; and representatives from Protest Easy Guns, the Virginia Chapters of the Million Mom March, the Virginia Center for Public Safety, and Students for Gun Free Schools as they attended a hearing of the Virginia State Crime Commission in Richmond.

The Crime Commission was scheduled to make a recommendation to the Virginia General Assembly on the Gun Show Loophole issue. The loophole allows individuals to sell firearms at gun shows without conducting criminal background checks on purchasers. The ATF has identified gun shows as the second leading source of illegally trafficked firearms in the United States, stating that “prohibited persons, such as convicted felons and juveniles, do personally buy firearms at gun shows and gun shows are sources of firearms that are trafficked to such prohibited persons … Firearms [are] diverted at and through gun shows by straw purchasers, unregulated private sellers, and licensed dealers.” An ATF investigation in Virginia found that between 2002 and 2005 more than 400 firearms sold at Richmond-area gun shows were recovered in connection with criminal activity.

The Virginia Tech Review Panel, the Virginia State Police, and an overwhelming majority of Commonwealth residents have called for the loophole to be closed. Omar Samaha, brother of Virginia Tech victim Reema Samaha, also made it clear to the Crime Commission how easy it was for him to buy handguns and assault weapons at a recent Virginia gun show from private sellers—no questions asked. “It’s like going to the store to buy a jug of milk or a candy bar,” Samaha said. “I had 10 guns in under an hour.”

Unfortunately, the Crime Commission failed to heed these recommendations, and deadlocked 6-6 on a vote to recommend that the Gun Shop Loophole be closed. The key vote was cast by House Minority Leader Delegate Ward L. Armstrong (D-Henry), who had joined the commission only days earlier. He claimed his NO vote was because of the high unemployment rate in his district, and the importance of the annual Carroll County Gun Show. This logic was not immediately clear—background checks are inexpensive and gun shows continue to thrive in states that have closed the Gun Show Loophole, such as California. Armstrong also complained about not being well briefed on the issue, but decided to vote NO anyway even after Commission Chairman David B. Albo (R-Fairfax) recommended he abstain.

Gun violence prevention advocates were undeterred, and gathered by the Bell Tower on the State Capitol grounds immediately after the Commission hearing to conduct a Lie-In in remembrance of past victims of gun violence. Courtney Edwards, a Longwood student who lost her best friend, Nicole White, during the Virginia Tech tragedy, spoke and said, “I can't believe that they are even questioning this. I don't even understand what the question is about it." Nicole’s father, Mike White, was more blunt: “Indecision is what caused the murder of my child,” he said. “Indecision today is what will cause convicted felons, [the] mentally ill and others to walk into the next gun show and purchase a weapon in order to wreak more harm.”

The issue will now move to the Virginia General Assembly, where Senator Henry Marsh (D-Richmond) and Senator Janet Howell (D-Reston) have already introduced legislation, SB 1257, to close the Gun Show Loophole.

Advocates are committed to passing the legislation and ready for a tough fight. “I don’t care if it takes a decade,” said Lily Habtu, who was shot multiple times at Virginia Tech but survived. “No one should have to go through what I went through.” Omar Samaha agrees. “We are going to keep going until this law is changed,” he said.

"You don’t have to be a mother..."

Here at Bullet Counter Points we like to highlight the exceptional work that everyday Americans are doing to prevent gun violence in their communities. Today we focus on a Virginia mother whose work has reached beyond her state and had a national impact.

When the tragedy at Virginia Tech occurred on April 16, 2007, Abby Spangler, like so many other Americans, was overcome by grief. Yet another school shooting—this time the deadliest in American history—had extinguished 32 bright lives. Abby knew little about federal and state gun laws at that point, but as reports of Seung-Hui Cho’s mental health problems and handgun purchases appeared in the media, she suddenly realized “just how lax and ineffective our gun laws are in this country.”

Abby knew the typical response to such tragedies was to conduct candlelight vigils in honor of the victims. But she envisioned a day when candlelight vigils would become a thing of the past. With a mind on preventing future tragedies, she thought, “If we want to truly memorialize these victims, we have to fight for change and strengthen our gun laws.” As she noted, “The status quo was simply not working.” Time and time again, the complacency of elected officials had failed to produce meaningful reform.

So Abby stood up for the safety and well being of millions of American families by lying down. She conceived of a new form of protest, the “Lie-In,” to bridge the gap between our increasingly apathetic society and the great protest movements of the civil rights era. A Lie-In involves 32 people (the number of victims at Virginia Tech and the number of Americans who die each day from gun homicide) who lay on the ground for three minutes of silence and reflection (symbolizing the brief amount of time it takes to buy a gun in America). Abby conducted the first Lie-In with other mothers in front of City Hall in Alexandria, Virginia, and then founded the group ProtestEasyGuns.com. By February 2008, she had helped to inspire and organize 37 other Lie-Ins in towns and cities across America.

It was on April 16, 2008, however, that the Lie-In movement would reach a new level. On the one-year anniversary of the Virginia Tech shootings, more than 70 Lie-Ins were conducted in 29 states and the District of Columbia, where several hundred demonstrators gathered in front of the Supreme Court and U.S. Capitol. Gun violence survivors, their friends, and families were heartened beyond their hopes and dreams by the Lie-Ins as they witnessed the growing collective of Americans determined to prevent future suffering.

Regarding the future of the gun control movement, Abby believes “the framework is there, but we need to mobilize the American people and create a social movement. It’s going to take people to put their feet down and say, “‘we won’t allow our fellow citizens to die.’” She is encouraged to see some movement in the U.S. Congress, with Senators Lautenberg and Reed having recently introduced a bill to close the Gun Show Loophole.

Abby is quick to point out that she is just an ordinary person, and that we all can make a difference in the struggle to save lives lost to gun violence: “You don’t have to be a mother, you just have to love someone enough that you wouldn’t want them to be ripped from you.”

Who's Afraid of The 11 Year-Old Girl?!

Are things really this bad at the National Rifle Association? We knew that they were frustrated after watching their legislative priorities go down in flames in the 109th Congress. We witnessed their paroxysms of fury over the results of the November elections. And we knew that their paranoia had reached all-new heights after reading a draft copy of their disturbing "Freedom in Peril" pamphlet.

But Wayne LaPierre, the Chief Executive Officer of the NRA, publicly attacking an 11 year-old girl?!

Yes, even we were left scratching our heads after reading the January 22 entry in his "What They Didn't Tell You Today" blog.

The object of Wayne's anger? That would be one Kailey Leinz, an elementary school student in Burke, Virginia, who spoke at a press conference at the State Capitol on Martin Luther King, Jr. Day. Kailey was there to express her support for SB 827, a bill introduced by Senator Jeannemarie Devolites Davis (R-Fairfax) to close the state's gun show loophole, which allows criminals to buy guns without undergoing background checks.

In his blog, LaPierre mocks Kailey's concern over the issue, inferring that surely her opinion about criminals' free access to guns at 50+ Virginia gun shows a year must be the result of parental brainwashing. It couldn't possibly have anything to do with public safety and security at her school. LaPierre even misquotes a Department of Justice study in claiming that only 2% of crime guns come from gun shows. Actually, the ATF has stated point blank that gun shows are the second leading source of crime guns in the country, behind only corrupt federally licensed dealers. Furthermore, in the study LaPierre mentions, 80% of the felons interviewed indicated they got their gun from "family, friends, a street buy or an illegal source." No effort was made to trace these guns and find out where they were originally bought and how they were subsequently trafficked. It is likely that gun shows were the source of many of these crime guns, but the NRA won't tell you that.

The NRA is never shy about pointing out its enemies, but LaPierre was so unnerved he wouldn't even put Kailey's name in his blog, referring to her simply as "this 11 year-old girl." He should take a lesson in courage from Kailey herself. At the press conference, members of the pistol-packing Virginia Citizens Defense League crowded into the room to intimidate those calling for sensible gun laws. Kailey stood up, looked them in the eye, and never flinched while delivering her eloquent speech.

Way to go, young lady. Oh, and Wayne - if your idea of protecting children is putting more guns in America's grade schools, well, you probably shouldn't be doling out parental advice to anyone.