In recent months, the National Rifle Association (NRA) has been pushing state legislatures across the country to legalize the carrying of concealed handguns in sensitive public places—an agenda that hasn’t sat well with the public itself. One key battleground concerning such legislation has been the state of Tennessee.
A new law in Tennessee that went into effect on September 1, SB 1518, allows concealed carry permit holders to take their handguns into parks, natural areas, campgrounds and “similar public places.” Cities and counties are allowed to opt out of the law by passing local legislation, however, and maintain their concealed handgun bans in parks. Approximately 70 municipalities have already exercised this option; ranging from major cities Memphis and Nashville to rural towns with populations under 2,000. Vice Mayor Steve Brown said of his city: "Hendersonville is a fairly conservative community, and I'm a fairly conservative alderman. Four of our aldermen have carry permits—I'm one of them—and all four of us opted out of that law." When told that the sponsor of SB 1518, Sen. Mae Beavers (R-Mt. Juliet), was considering offering new legislation to take away the opt-out provision for local governments, Brown said, "If you make a law that 70 percent of your people don't like, you'd be pretty foolish to bring it up again in an election year. I wouldn't touch that law with a 10-foot pole."
Recently, some Knoxville officials who expressed support for the ban have received threatening emails from concealed carry permit holders. Knoxville City Councilwoman Barbara Pelot received approximately 400 such emails, and said, "It made me think strongly about what kind of training do these permit holders have? ... These people don't have psychological testing. They don't go through what Knoxville Police Department officers and the Sheriff's Office do. The passion and the intensity of these e-mails made me think some very bad choices could be made by these people who have permits."
Another law that went into effect in Tennessee this year, SB 0575, allows “[any] person who has [a] handgun carry permit and is not consuming alcohol to possess [a] handgun in any restaurant that derives more than 60 percent of its revenue from the sale of food .” Tennessee does not differentiate between restaurants and night clubs for liquor licensing purposes, making the Volunteer State the first in the country to allow concealed handguns in bars (Arizona recently became the second). No mechanism has been specified to enforce the law—presumably restaurant owners would have to search everyone they serve alcohol to to see if they are carrying a firearm.
In July, a group of 10 Tennessee restaurant owners and workers filed a lawsuit which alleges that SB 0575 “creates unsafe workplaces, [and] violates federal occupational safety and health laws.” Adam Dread, attorney for the plaintiffs and an NRA member, stated, “How hard is it to have a common-sense awareness that guns and alcohol don’t mix? It’s a deadly mix. Two guys with fists, you have a fistfight. But if one has a gun, you have a tragedy.” The Tennessee Hospitality Association, Nashville Chamber of Commerce, and Nashville Visitors and Convention Bureau are supporting the lawsuit.
Proponents of the law, such as SB 0575 sponsor Sen. Doug Jackson (D-Centerville), claim that concealed carry permit holders are well-vetted and among the most responsible gun owners in America. Several recent developments, however, call these claims into question.
In late 2008, the Tennessee Department of Safety discovered that approximately 200 individuals who held concealed carry permits in the state had active restraining orders against them for domestic abuse. Although this was a clear violation of the law (subjects of restraining orders are prohibited under federal law from possessing or purchasing firearms), the Department of Safety did not notice this oversight until informed by a Nashville television station.
Then, in August of this year, the Tennessean discovered “a persistent group of Tennesseans with violent pasts who carry gun permits through loopholes, administrative mistakes, and the realities of a court system where charges based on violent incidents can be reduced or eliminated in plea bargains.” This group included convicted felons who illegally held permits and others who obtained their permits in accordance with the law despite long criminal histories. As a “shall-issue” state, Tennessee does not give local law enforcement any discretion over whether to issue a permit. If an applicant passes a basic computer background check, police must issue the permit, even if the individual is an obvious threat to public safety. "The circumstances of the cases…brought to our attention can certainly lead one to reasonably question the judgment and character of these individuals, and whether they should have permits to carry guns in public, including bars and restaurants," Nashville Metro Police Chief Ronal Serpas said in a statement. "But again, the law is the law."
In an even more recent incident that occurred in Knoxville on September 3, Luann Keller, 55, was charged with aggravated assault after she allegedly pulled her gun on an off-duty police lieutenant. Authorities say the incident may have been the result of road rage. “She started blowing her horn and then pulled up beside him and pulled a firearm,” says Knoxville Police Department Lt. Kenny Miller. Keller had a valid permit to carry a concealed handgun.
The NRA insists that allowing concealed handguns to be carried everywhere will make us safer. Opposition to their legislation in a “Red State” like Tennessee—hardly a liberal bastion—is convincing evidence that few Americans agree with them.
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Bullet Counter Points: What's Going On (at Gun Shows) Series
Gun Violence Prevention Blogs
- Josh Horwitz at Huffington Post
- Ladd Everitt at Waging Nonviolence
- Things Pro-Gun Activists Say
- Ordinary People
- Mondays With Mike
- Brady Campaign Blogs
- Common Gunsense
- New Trajectory
- Josh Sugarmann at Huffington Post
- Kid Shootings
- A Law Abiding Citizen?
- Ohh Shoot
- Armed Road Rage
- Abusing the Privilege
- New England Coalition to Prevent Gun Violence Blog
- CeaseFire New Jersey Blog
- Considering Harm
September 14, 2009
Few Volunteers for NRA Agenda
September 7, 2009
What's Going On (at Gun Shows): Sense of Impunity
Last week, Dr. Garen Wintemute, the Director of the Violence Prevention Research Program at UC Davis, released a fascinating study that takes an inside look at America’s gun shows. Entitled “Inside Gun Shows: What Goes On When Everybody Thinks Nobody’s Watching,” it catalogues Wintemute’s observations at 78 gun shows that he attended in 19 states between 2005 and 2008. More importantly, it contains hundreds of color photographs that he took surreptitiously at these events. These photos document illegal straw purchases; anonymous, undocumented private party gun sales; the widespread availability of assault weapons; and the links between gun shows and the Neo-Nazi movement.
In the study, Wintemute describes the two systems of commerce that operate side-by-side at gun shows. On the one hand, you have dealers licensed by the federal government who are required to conduct background checks on gun purchasers. At the shows he attended, Wintemute found that those prohibited under federal law from purchasing firearms (i.e., convicted felons, domestic abusers, drug users, the mentally ill, etc.) would often evade this requirement by engaging in straw purchases. In a straw purchase, a prohibited purchaser recruits an individual(s) with a clean criminal record to pass a background check and purchase firearms for him/her (a straw purchase is a federal felony offense for both the straw purchaser and the ultimate possessor of the firearms). “The openness and sense of impunity with which straw purchases were sometimes conducted was striking,” Wintemute reports. Licensed dealers account for two-thirds of trafficked firearms that come from gun shows.Private party sellers are also present at gun shows. These sellers are not licensed by the government and are not required to conduct background checks. A 1986 law exempted anyone who is “not engaged in the business” of dealing firearms from the background check requirement. Theoretically, these are individuals who make “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who [sell] all or part of [their] collection of firearms.” The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), however, has noted that the effect of this law “has often been to frustrate the prosecution of unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons.” More than 85% of crime guns recovered by ATF have gone through at least one private party transaction following their initial sale by a licensed gun dealer.
Private gun sales don’t occur only at gun shows, Wintemute emphasizes. They can occur virtually anywhere—at flea markets, through classified ads in newspapers, over the Internet, in private homes, on the street, etc. Because they are anonymous and involve no paperwork, they are particularly attractive to prohibited purchasers.
At gun shows, the ATF estimates that 25 to 50% of all gun sellers who rent table space are unlicensed. Private sellers can also walk around freely at gun shows, selling firearms they’ve brought with them to other attendees. Private sales were common at the gun shows Wintemute attended. He even observed such sales occurring in states where they are illegal.
In terms of the wares that were available at gun shows, Wintemute observed that, “All types of guns are available at gun shows, but assault weapons, particularly civilian versions of AR and AK rifles, seem to figure more prominently at gun shows than in gun commerce generally.”
Little enforcement action was evident at these events. ATF has stated that “too often [gun] shows provide a ready supply of firearms to prohibited persons, gangs, violent criminals, and illegal firearms traffickers.” Yet, as Wintemute notes, the understaffed ATF has no proactive program of gun show enforcement and conducts investigations at only 3.3% of the approximately 2,300 gun shows that occur each year.In terms of the social environment at gun shows, Wintemute observed three phenomena that have “significant potential to contribute to firearm violence. These concern: 1) promoting objectification and violence in relationships between men and women, 2) facilitating children’s access to firearms, and 3) endorsing violence as a tool for problem-solving.” Neo-Nazi and Neo-Confederate paraphernalia was common. The Turner Diaries is everywhere,” Wintemute notes, “and Mein Kaumpf can be found next to [John Lott’s] More Guns, Less Crime.”
At present, 17 states regulate gun shows in some manner. Six regulate all private party gun sales and nine more regulate private party sales of handguns only. Two states regulate private party sales at gun shows only.
In his study, Wintemute makes three key recommendations to improve existing regulation of firearm commerce. First, he says that law enforcement operations at gun shows must be expanded. “Ideally,” he says, “there would be an enforcement operation at every major event.” He cites California as an example of where such a program has worked, and well. Second, he calls for all private gun sales (not just those at gun shows) to be regulated to prevent prohibited persons from buying guns. “It appears that denial of gun purchases [through background checks] significantly lowers the risk of committing violent and gun-related crimes among the persons who are directly affected,” Wintemute notes. Finally, he calls for voluntary action by promoters and licensed dealers at gun shows to police potentially illegal sales. “Little goes on at a gun show that is not observed by those nearby,” he states.
You can view the full study along with photographs and videos here.
August 10, 2009
CSGV Mailbag
In the wake of yet another mass shooting by an individual who legally purchased firearms (and obtained a permit to carry a concealed handgun) despite being clearly deranged, the need for sensible gun laws in the United States is more obvious than ever.
Thankfully, it is not only gun control supporters who are committed to preventing such unnecessary acts of violence. Here at the Coalition to Stop Gun Violence, we are blessed to receive inspiring emails from gun rights activists who are dedicated to ending the suffering that gun violence causes in our country. Over the past four months...
We heard from those who—thankfully—are taking care of their own hygiene...
From: Sinuhe Agrinzoni [sagrin@hotmail.com]
Subject: RE: Tell Congress: Don't Weaken Hidden Handgun Laws!
Date: July 9, 2009
you are an idiot. It is not the people legally carrying hand guns with proper permits that we have a problem with. It is the other wanna be gangsters roaming the streets with no clue or common sense that is the real threat. Get your facts straight and look up how many law abiding citizens are committing gun crimes. The number is staggeringly low. Take me off your ridiculously liberal mailing list. People like you are not qualified to wash my crotch.
Have a good day!
We heard from those who are arming themselves against dangerous practitioners of non-violence...
From: Randall 2 [randall2@randallcounty.org]
Subject: The truth
Date: July 5, 2009
You need to wake up and grow up. There have always been predators---individuals, governments, gangs, religions, in the world and always will be. People have the right, and if they have any family, they have a moral obligation to protect themselves and loved ones as well as their property. If you are too much of a coward to do this, you have no right to live here in America and enjoy the liberties we have. The question is : Why are you afraid of me having a gun? I am a law abiding, patriotic, God fearing, America and family loving citizen. I WILL have my gun to protect myself against YOU !
We heard from fans of CSGV President Mike Beard’s “Mondays With Mike” Blog...
From: lawrence mattera [lawrence.mattera@sbcglobal.net]
Subject: Mondays with fatass!
Date: June 4, 2009
Ted Nugents mental health ? What about your eating disorder,Mike? The fact is your previuos job as lobbyist shows what kind of person you are. Anything for a buck.That fact that you "feed your face" thru a anti gun group that has no "grassroots" support as you claim shows that desperation brings you earn any way you can. How do you live with yourself? From a "lobbyist" to a million mom moron. BRAVO Mike or shall I call you Munching Mike.
We heard from those with great concern for world hunger...
From: Bigdawgbob13@aol.com [Bigdawgbob13@aol.com]
Date: May 31, 2009
Try feeding some children instead of wasting your time on something you can't do. DUH
From: REBARDR1@aol.com [REBARDR1@aol.com]
Date: April 12, 2009
you people make me laugh you can not stop terrorist/ drugs/ drug dealers/ illegal gambling/prostitution/ and everything else in this country but you want to take guns from the ordinary citizen so the criminals will just get another valuable product meaning the fire arm to have in thier corrupt business's WAKE UP you people can not even feed the poor in this country
We heard from those who never explained how you’re supposed to know if someone’s a felon if you don’t run a background check on them; and who missed a recent 20/20 special...
From: slg1373
Subject: Get educated before you post
Date: May 10, 2009
Ther are no gun show loopholes. All sales @ gun shows go thru the same background check as a gun store. The only loophole is a private sale, and the person selling faces a felony if he knowing sales to a felon or someome not legally able to own a gun. Private sales go on everyday. You do not need a gun show. If Wal Mart sells a man a baseball bat and it is used to kill someone, Is Walmart responsible? More guns are used to protect and defend than used in crimes.more people die in car accidents than by guns. Wheres the legilation on banning cars. There are millons of illegal aliens driving without licenses that can't even read road signs, you would save more people by stopping that than banning guns. But doing that is not on the Liberal "feel good" agenda. If you don't beleive the loophole part go to the next gun show in your area and see for yourself.
We heard from those whose signatures stated the obvious...
From: Nathan Jack [nathan.jack95@yahoo.com]
Subject: BS
Date: April 8, 2009
You are all just a bunch of pathetic, wimpy, socialist, and nazi liberals. You think you can get rid of guns? 2nd amendment. Bad guys will always have guns even if you ban them.
A pissed off citizen
And finally, we heard from a heavily armed guy who would have attended that gun show anyway...
From: Rob Snyder [tango_1_alpha@yahoo.com]
Subject: Gun show Loop holes
Date: April 7, 2009
You poor folks are some of the most un-enlighten individuals I've ever come across. Your web site is so full of inaccuracies and false information, it's a wonder you have ever been taken seriously even by the mindless mass media. It's no wonder gun sales and the sale of ammunition are sky rocketing. You're web site might as well have a direct link to the NRA because you are so obviously biased even in the face of the truth. I want to thank you for directing me to attend a gun show. As a result of your "Loop hole" rhetoric, I decided to check it out for myself. I bought a couple of nice hand guns and an "assault rifle" at a great price! I was also able to shop and buy more accessories than I ever knew existed and all the ammo I could carry. The people have spoken, let freedom ring!
August 3, 2009
Northern Exposure
Though gun control advocates typically focus on the harmful impact that weak laws have on American families, it is becoming increasingly clear that the ease of acquiring firearms in the U.S. has implications far outside our borders.
In June, the Government Accountability Office (GAO) issued a report which stated: “While it is impossible to know how many firearms are illegally smuggled into Mexico in a given year, about 87 percent of firearms seized by Mexican authorities and traced in the last 5 years originated in the United States, according to data from Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) … Many of these firearms come from gun shops and gun shows in Southwest border states.”Understandably, this data has resulted in a national focus on Mexico as an example of how America’s loose laws lead to international firearms proliferation. A recent study in the journal Criminology and Criminal Justice, however, suggests that our neighbor to the north has also been profoundly affected by the trafficker-friendly environment in the United States. The findings of the study, entitled “The Illicit Firearms Trade in North America,” include the following:
- 181 handguns recovered in crime by the Toronto Police Service in 2006 were successfully traced to their first retail sale. Of those, 120 (two-thirds) were traced to the United States.
- Out of 705 crime guns traced by the Firearms Tracing and Enforcement Program in Ontario in 2007, 69% were traced to the U.S.
- In the first six months of 2008, the Tactical Analysis Unit of the Firearms Support Services Directorate of the Canadian Firearms Program seized 1,393 crime guns. For the less than half that could be traced, a large portion of the crime guns recovered in Canada can be traced to dealers in the U.S. (327 U.S. dealers versus 79 Canadian dealers). Of this U.S. total, Washington State had 45 dealers linked to a handgun, more than double that of any other state.
The study’s authors found, “among all data sources, the majority of the successfully traced handguns recovered in crime in Canada are found to originate in the United States and we know of no evidence that would lead one to believe that other countries are a major source of smuggled handguns.”
Criminals and traffickers look south because guns are not easy to come by in Canada. Since 1930, Canadians have been required to show “just cause” to own a handgun, and all firearms must be registered with the government. Guns are particularly easy to acquire in the United States (through straw purchases and unregulated private sales), however, and “long, undefended borders between Canada and the United States, in particular, present a challenge for customs officials who must balance the demands for free flow of goods and people with security needs.”
“The main mechanisms by which weapons are illegally trafficked from one country to another are concealment, false declaration and falsification of documents and mail order,” the study observes. “The networks for smuggling guns are diffuse and range from individuals concealing a few guns in their car to large-scale commercial operations … Mail is another means of illegal importation and one that is often difficult to detect.”
Not surprisingly, the study’s recommendations for curbing the flow of firearms into Canada begin with reforms in the United States. Such reforms would include, “improvements to regulations of firearms (for example regulating transactions at gun shows…as they do in California), better enforcement of existing regulations that prohibit straw purchases and illicit sales at gun shows, and enhanced investigations of smuggling operations.”
The authors also call for freer access to information about trafficked guns. “A firmer factual base...could be established if data from criminal investigations and gun tracing were released for research purposes,” the study finds. “A broader inquiry is warranted: the stakes are very high for developing effective strategies for limiting the illicit movements of guns.” The absence of this “factual base” has been aggravated by the Tiahrt Amendments, which restrict the ability of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to release crime gun trace data, as well as require the destruction of approved criminal background check records after 24 hours.
Toothless U.S. gun laws endanger not only Americans, but the entire continent. With all the recent concern about American guns feeding a war against the government in Mexico, it is long past time to consider the harm being done north of the border.
July 27, 2009
The Insurrectionists are Coming!
Since the election of President Barack Obama in November of last year, there has been a marked increase in the promotion of “insurrectionism” in right wing circles in the United States. The insurrectionist idea holds that the Second Amendment gives individuals the "right," in the words of National Rifle Association (NRA) CEO Wayne LaPierre, "to take whatever measures necessary, including force, to abolish oppressive government." The Coalition to Stop Gun Violence has argued that not only does insurrectionism degrade the democratic values and institutions that protect the freedoms that we enjoy as Americans; it also poses a direct threat to the very existence of our constitutional democracy.
Two recent examples provide disturbing evidence of this threat, and demonstrate that many individuals on the fringes of American politics—inspired by gun lobby rhetoric and FOX News commentators—feel that our democratically elected government has already lapsed into “tyranny.”On two separate occasions in June, Hal Turner, a New Jersey resident and white supremacist blogger/radio host, was arrested for making threats against public officials. Turner first drew the attention of law enforcement by calling for the deaths of two Connecticut state legislators on his blog because they sponsored a bill that would have transferred financial power in Roman Catholic parishes from priests and bishops to lay members. “While filing a lawsuit is quaint and the 'decent' way to handle things,” he wrote, “we at TRN (Turner Radio Network) believe that being decent to a group of tyrannical scumbags is the wrong approach. It's too soft. Thankfully, the Founding Fathers gave us the tools necessary to resolve tyranny: The Second Amendment. TRN advocates Catholics in Connecticut take up arms and put down this tyranny by force ... If any state attorney, police department or court thinks they're going to get uppity with us about this, I suspect we have enough bullets to put them down, too.” Turner was soon arrested on charges of inciting injury.
Then, a few weeks after making bail on this charge, he shifted his attention outside of the tri-state area by asking his audience to kill three Republican-appointed jurists on the 7th Circuit Court of Appeals. In response to a June 2 decision which upheld handgun restrictions in Chicago pending a review by the Supreme Court, Turner explicitly called for the murder of deciding judges Frank Easterbrook, Richard Posner and William Bauer. Turner wrote on his blog, “Let me be the first to say this plainly: these judges deserve to be killed,” and included photographs, phone numbers, work addresses, and room numbers of the judges, as well as a map of Chicago’s federal courthouse which pointed out its “anti-truck bomb” pylons. A search of his home by the FBI after his arrest revealed that he was in possession of three handguns, one shotgun, and 200 rounds of ammunition (including 150 hollow point bullets). Turner is currently in jail awaiting arraignment in Chicago.
Then there is Katherine Crabill, a Republican candidate for the Virginia House of Delegates in the state’s 99th District. She recently made headlines by calling on Americans to resist the course President Obama has set for the country. Appearing at a “Tea Party” rally on July 15, Crabill quoted a 1775 speech by Patrick Henry and then went further, stating, “We have a chance to fight this battle at the ballot box before we have to resort to the bullet box. But that's the beauty of our Second Amendment right. I am glad for all of us who enjoy the use of firearms for hunting. But make no mistake. That was not the intent of the Founding Fathers. Our Second Amendment right was to guard against tyranny.” This thought is reinforced on Crabill’s campaign website, where she states the Second Amendment “was clearly intended for self defense as well as, and more specifically, to keep the government on notice of an armed citizenry.”
When the video of her remarks made the rounds across the Internet, Crabill told the Washington Post that she would not back down from her defense of the right to use bullets to address government grievances, citing the “domestic terrorism” and “Marxist agenda” of the Obama administration as legitimate threats. She later clarified this statement, stating, “I have no desire to see this country erupt in any kind of violent revolution. I don’t even own a gun.” She now claims her speech was “less a call to arms than a call for conservatives to mobilize for coming elections at all levels.”
This was not Crabill’s first public expression of support for insurrectionism, however. In the mid 1990’s, a time when right-wing extremism was similarly on the rise, she belonged to a militia group known as the New Mexico Citizens Action Association. An April 1995 article by the Washington Times quotes her as saying that the Oklahoma City bombing, in which Timothy McVeigh killed 168 innocent people, “was the work of our government, which will use it as an excuse to aggressively attack the growing militia movement across the country.”
Turner and Crabill are just the latest insurrectionists to make national headlines. From Wichita to Pittsburgh to Oklahoma City and beyond, 2009 has already been marred by real insurrectionist violence and other attacks that were narrowly averted. And with sales of handguns and assault weapons soaring amidst (unsubstantiated) fears of tougher gun laws under President Obama, those who view our current democracy as a “tyranny” are now better armed than ever.
July 13, 2009
McNair Shooting Puts Spotlight on Unregulated Gun Sales
On July 4, former National Football League quarterback Steve McNair was asleep on a couch in his condominium in Nashville, Tennessee, when his life was abruptly taken. 20 year-old Sahel Kazemi—a woman that McNair was having an extramarital affair with—shot him four times at close range with a semiautomatic handgun, killing him. She then sat next to him on the couch and fired one shot into her temple, taking her own life.Nashville Police report that Kazemi’s life was “spinning out of control” in the days before the shooting. Kazemi’s family has said she believed McNair was in the process of leaving his wife and four sons when they met at her job at Dave & Buster’s several months ago. No divorce papers were ever filed by the McNairs, however. Additionally, Kazemi saw McNair with another woman days before the shooting and became convinced he was seeing her. Kazemi was also concerned about making rent and car payments and had told friends and associates she “was going to end it all.”
Another warning sign came in the early morning hours of July 2, when Kazemi was arrested on a driving under the influence (DUI) charge while driving 54 miles per hour in a 30-mph zone. McNair, who was in the car with her at the time, was not arrested or charged. He bailed Kazemi out of jail the same day.
Hours later, Kazemi purchased the handgun she would use to kill McNair and herself. She did not purchase the handgun at a gun store. Under federal law, the minimum age to purchase a handgun from a federally licensed gun dealer (FFL) is 21. Being 20 years of age, Kazemi would have failed the required background check through the National Instant Criminal Background Check System (NICS).
Instead, she purchased a Bryco-Jennings 9mm handgun through a private sale from Adriam Gilliam, Jr., who she had previously met while trying to sell her car. On the evening of July 2—the same day she was bailed out of jail—Kazemi met Gilliam in the parking lot of Dave & Buster’s to complete the transaction. Because of a loophole in federal law created by the gun lobby, private individuals are permitted to sell guns without conducting background checks on purchasers or maintaining records of sale. Furthermore, private sellers, unlike FFLs, can sell handguns to persons between the ages of 18-20.
The sale by Gilliam was illegal, however, because he is prohibited under federal law from owning or purchasing firearms. In 1993, Gilliam was convicted in Florida of three counts of second-degree murder and attempted armed robbery and sentenced concurrently to 15 and 17 years in prison. Detectives traced the Bryco-Jennings pistol to a pawn shop, Household Pawn, in Nashville, where it was originally sold in 2002. The individual who originally purchased the handgun that year, who has not been identified by authorities, then sold it to Gilliam—a convicted felon—through an unregulated private sale a year and a half ago. The seller committed no crime; because he had no legal duty to perform a background check on Gilliam to verify his criminal history. The sale was cash and carry, $100 and no questions asked.
The death of Steve McNair is the latest in a series of gun-related incidents involving National Football League players. McNair’s involvement with guns and alcohol predated the July 4 tragedy. In 2003, he was arrested and charged with driving under the influence and carrying an illegal handgun. In 2007, he was charged with drunken driving again for letting his intoxicated brother-in-law drive his pickup truck. All the charges were later dropped, and McNair at some point obtained a permit to carry a concealed handgun in Tennessee (law enforcement authorities in Tennessee have no discretion and must issue a permit to anyone who passes a computerized background check).
The McNair shooting is the latest example of how unfettered access to firearms is prioritized over public safety in the United States. Multiple red flags indicated that Sahel Kazemi was a threat to herself and possibly to others. And yet weak federal laws allowed a convicted felon to obtain a handgun through an unregulated private sale; a firearm he would transfer to Kazemi without knowing anything about her; a firearm that she could not have legally purchased at a licensed gun store. Sadly, the Nashville community—and McNair admirers across the nation—are now grieving over a tragedy that was entirely preventable.
July 6, 2009
“Gun violence is…causing America to fall apart.”
Here at the Coalition to Stop Gun Violence (CSGV), we are fortunate to be able to work with talented and passionate interns from across the country. This summer, Marcellas Williams, a student at the César Chávez Public Charter School for Public Policy in Washington, D.C., spent three weeks interning at the Coalition. Marcellas was a great asset to CSGV during his time here and contributed the following blog about his views on gun violence:
Gun violence is slowly but surely causing America to fall apart.I am an 11th grader living in Ward 8 in Washington, D.C., where there is a high rate of death due to gun violence. I feel as though young people who try to be something in life are often those who die for no apparent reason. Some teenagers in my community try to take the “Fast Money” route and get attention for having flashy accessories. They want the “Lavish Life.” That is where their downfall begins. Many teens believe that selling drugs or being a thug is the easiest way in life, but we refuse to look beyond that and realize that there is a better road to take. It’s sad to say, but I believe that in a way I’m contributing to violence, because I’m the type of person who believes that certain people deserve what they have in store for them.
There are young people who set goals and become experts in their career fields, but we sometimes don’t see that education leads to bigger and better chances in life. That means that even when you’re doing right, you aren’t always going to be rewarded by the outside world. You need to feel a sense of pride and satisfaction for yourself. If you think you deserve recognition, you might go back to your old ways (and figure you’ll get more recognition on the streets).
Statistics show that 97% of the District of Columbia’s crime guns come from outside states. 25% come from Virginia, 25% come from Maryland, and the rest come mainly from states in the Southeast. Traffickers buy the guns in these states and then drive them across the border into D.C. and re-sell them to criminals and youths. Federal gun laws, and the laws in these outside states, are just not strong enough to protect D.C. from gun trafficking. For example, more than 40 states allow individuals to sell guns to others without putting them through a background check! Meanwhile, the District of Columbia still doesn’t have a vote in Congress, which means that our elected officials don’t have any ability to change federal gun laws to make our city safer.
All told, 1,000 people across the world die every day due to gun violence, and until people sit down and take the time to realize that, things will never change. Here in America, we need to put aside our differences and come to an understanding that guns are not the way to solve problems. Living in Southeast Washington, I’ve seen people die for senseless reasons, such as the neighborhood they’re from. I wish the people who are involved in gun violence would realize they are only showing others their ignorance. They need to realize what they've put people’s families through. It’s time to choose education over guns and the “Lavish Life.”
I’ve heard many complaints about gun violence, but when are people going to actually come together and confront those who can change America and our urban communities? The good news is that there are many things we can do to take action collectively. Build a coalition of groups and individuals against violence; organize protests to impact our laws; draft proposals and send them out to D.C. Council Members, Mayor Adrian Fenty, and President Barack Obama; create petitions; get more young people involved, etc. We need to ask legislators the following question: “If you were in my shoes, how would you feel?”
A problem won’t solve itself—it takes people who are willing to help make change in America. We can start to make that change this very second; all we need is involvement from people who are concerned and willing to make a difference.
June 22, 2009
The Myth of the "Black Market"
The cities of Washington, D.C. and Chicago have been under siege in recent months by the National Rifle Association (NRA), which is attempting to overturn gun laws in both jurisdictions.
The NRA’s battle with Chicago has been in the courts, where the gun lobby is seeking to have the Supreme Court’s Second Amendment ruling in the case of D.C. V. Heller incorporated at the state level. This would have the practical effort of repealing Chicago’s handgun ban. After the 7th Circuit Court of Appeals rejected the NRA’s lawsuit, it appears headed to the Supreme Court on appeal.
D.C. v. Heller, of course, already repealed the District of Columbia’s handgun ban, but the Supreme Court’s ruling did not go far enough for the NRA. They are now seeking to have the city’s new, constitutional gun laws repealed through an amendment that was initially attached to the “D.C. House Voting Rights Act” by Senator John Ensign (R-NV). That bill has yet to be considered by the House of Representatives, and the amendment’s next likely target is the D.C. appropriations bill, which Congress will likely take up this summer.
Time and time again, the NRA has blamed violence in the two cities on their tough laws, despite evidence that shows that criminals are totally unable to acquire firearms inside Chicago and Washington. So why is it so easy for criminals and gun traffickers to get firearms outside the borders of cities? A fascinating new essay by David Kairys, a professor of Law at Temple University, provides some answers.The essay, entitled “Why are Handguns So Accessible on Urban Streets?” is a chapter in the new book Against the Wall: Poor, Young, Black and Male. Kairys argues that we need to avoid a “pervasive acceptance and strange sense that the extraordinary level of death and killing is a normal or inevitable aspect of life in urban America,” and that only after understanding why guns are so readily available in cities can we begin to correct the problem.
Kairys explains that “the market makes new handguns so easily available—often for less than one hundred dollars new, right out of the box—that it makes no sense to steal one.” In fact, “anyone who does not have a record can go to a licensed gun store in most states, legally buy as many handguns as he or she wants, and walk out the door with them.” Kairys also points out that there are no “meaningful limits on the resale of handguns,” because private individuals, unlike federally licensed gun dealers, are not required to run Brady background checks on purchasers.
In Kairys’ words: “The bottom line is this. Under federal law and the law of most states, any person so inclined can buy huge quantities of cheap, easily concealed handguns and sell them to others indiscriminately, often without violating any law and usually without having to worry about getting arrested, prosecuted or convicted. Nor are the identities of owners of handguns, or the persons to whom they transfer ownership, registered or maintained by government, unless state law so provides—and most do not.” Capitalizing on this weak regulation, gun manufacturers produce “more guns than could be sold to law-abiding people,” knowing full well their product will be distributed to criminals and other prohibited purchasers downstream.
So what can we do to address this problem? Kairys advocates for registering handguns and licensing handgun owners; adopting strong, clear and specific “straw purchase” laws that make all of the parties to a straw purpose criminally and civilly responsible; limiting multiple purchases of handguns in a given period; and providing large urban areas with the authority to regulate handguns within their borders. All of these measures would help to reduce the flow of handguns to criminals on America’s streets.
But most importantly, we must learn to overcome our own misconceptions of the problem. As Kairys writes, “the common image of an underground, illegal market is largely fictional.” The ability of dangerous people to easily obtain guns is the result of our weak gun laws, which do little to regulate the firearms industry. The good news? Significant progress can be made in reducing gun violence as soon as our elected officials are made to realize that “the loss of life, the economic and social costs, and the undermining of the safety and the quality of life in America are unacceptable.”
June 15, 2009
“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?
June 8, 2009
Anarchy and Vigilantism
On May 31, Americans across the country were shocked to learn that Dr. George Tiller, an abortion provider, had been shot and killed in the foyer of Reformation Lutheran Church in Wichita, Kansas. Just three hours after the shooting, authorities apprehended a suspect—Scott P. Roeder of Merriam, Kansas—on Interstate 35.
Initial reporting on the case linked the murder to Roeder’s extensive history as a pro-life activist. One Kansas City pro-life protestor, Regina Dinwiddie, commented that Roeder, “believed in justifiable homicide. I know he very strongly believed that abortion was murder and that you ought to defend the little ones, both born and unborn.” A September 3, 2007, post from a “Scott Roeder” on the website www.chargetiller.com reads as follows: “It seems as though what is happening in Kansas could be compared to the ‘lawlessness’ which is spoken of in the Bible. Tiller is the concentration camp ‘Mengele’ of our day and needs to be stopped before he and those who protect him bring judgment upon our nation.”
Subsequent investigation, however, revealed that Roeder’s ties to right wing extremist groups were far more extensive. In the words of Anti-Defamation League National Director Abraham Foxman, Roeder’s “extremism cross-pollinated between anti-government extremism and anti-abortion activism.”
In April 1996, Roeder was pulled over in Topeka, Kansas, for driving with a homemade license plate. Police found a military-style rifle, ammunition, a blasting cap, a fuse cord, a one-pound can of gunpowder, and two 9-volt batteries in his car. He was subsequently convicted on one count of criminal use of explosives and several driving-related misdemeanors, and ordered to stop associating with violent anti-government groups. The convictions were overturned on appeal a year later, however, after a court determined that the evidence was illegally gathered.
At the time, the FBI listed Roeder as a member of the Montana Freemen, a radical anti-government group. From March-June 1996, the group engaged in an armed standoff with FBI agents who were attempting to serve warrants at their compound. Federal prosecutors had alleged that Freemen members wrote worthless checks and money orders to pay taxes and to defraud banks and credit card companies. Though no shots were fired, the heavily-armed Freemen remained in their Jordan, Montana, compound for 81 days before allowing the FBI to enter. Several of the group’s members were subsequently convicted on a range of charges.
This information suggests that Roeder’s killing of Dr. Tiller could be the latest manifestation of the Department of Homeland Security’s warning that, “the combination of environmental factors that echo the 1990s, including heightened interest in legislation for tighter firearms restrictions and returning military veterans, as well as several new trends, including an uncertain economy and a perceived rising influence of other countries, may be invigorating rightwing extremist activity, specifically the white supremacist and militia movements.” One cannot ignore the parallels between Roeder and right-wing extremists like Neo-Nazi Richard Poplawski, who killed three police officers in Pittsburgh, Pennsylvania, in April; Joshua Cartwright, who killed two police officers in the Florida panhandle in April; and Jim Adkisson, who killed two parishioners at the Tennessee Valley Unitarian Universalist Church in July 2008.
It is unclear at this point what type of gun Roeder used in the shooting or how he acquired it. Because Roeder’s felony conviction for criminal use of explosives was thrown out in the late 1990s, that would not have stopped him from passing a criminal background check. During a custody battle over a girl Roeder claimed was his daughter, a 2005 court ruling noted that Roeder had been diagnosed with schizophrenia and did not take medication, "which may pose a clear and present danger to the minor child." Had Roeder been adjudicated “mentally defective” or involuntarily committed to a mental institution, he would have been prohibited under federal law from purchasing or owning firearms.
Though the shooting of Dr. Tiller has obvious religious overtones due to Roeder’s pro-life activism, it is also clear that Roeder felt that violence was an appropriate way to oppose what he viewed as an illegitimate government that refused to ban abortion. Such insurrectionist beliefs pose a direct threat to any constitutional democracy, a fact recently noted by conservative FOX commentator Bill O’Reilly, who said, “Anarchy and vigilantism will assure the collapse of any society. Once the rule of law breaks down, a country is finished. Thus, clear-thinking Americans should condemn the murder of late-term abortionist Tiller. Even though the man terminated thousands of pregnancies, what he did is within Kansas law.”