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!
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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
July 26, 2010
"Like Buying a Candy Bar"
December 21, 2009
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.
May 11, 2009
“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.”
February 16, 2009
Deranged Shooters, Legal Handguns
A horrific tragedy occurred last month when a 24 year-old man opened fire with a handgun outside a popular under-21 nightclub in Portland, Oregon. On January 24, Erik S. Ayala drove downtown to The Zone, got out of his car, and began shooting into the crowd gathered outside. He fired 8-10 times before fatally shooting himself. Ayala had taken a tranquilizer prior to the shooting, but otherwise had no alcohol or drugs in his system.
The shooting took the lives of two bright young women: Marta “Tika” Paz de Noboa, 17, a Peruvian exchange student, and Ashley Wilks, a 16-year old high school sophomore. Seven other individuals were injured, including the manager of a nearby restaurant and other foreign exchange students.
Like the shooters in the tragedies at Virginia Tech and Northern Illinois University, Erik Ayala had an established and well-known history of mental illness and violent tendencies. In high school, Ayala was identified as a “student of concern.” School officials received an anonymous tip in September 2000 that Ayala had made threats against others and talked about bringing a gun to school. In December of that year, he was hospitalized for attempting suicide by overdosing on over-the-counter pills.
As a result, Ayala was diagnosed with “numerous mental disorders,” including schizophrenia, and received intensive counseling from a team composed of school officials, psychologists, police, county mental health experts, and Oregon Youth Authority officials (which was formed in response to the 1998 Thurston High School shooting in Springfield, Oregon). This treatment was administered during a month-long stay at a Portland mental health facility and continued when Ayala returned to school.
Once Ayala graduated high school in 2002, his treatment ended (in part because he was unable to obtain health care insurance). He worked as a data entry operator for the Oregon Department of Health and Human Services until July 2007, and then part-timed with a temp agency. At the time of the shootings, police say that Ayala was unemployed and battling depression.
Ayala purchased the weapon used in the shooting, an Italian-manufactured EAA Witness 9mm pistol, for about $350 from 99 Pawn & Guns in Milwaukie, Oregon. He visited the pawn shop on January 6 to browse and returned the next day to purchase the handgun, but was told he did not have appropriate identification. Two days later, he returned with an alien resident card and proof of three months residency in the United States in the form of utility bills. Ayala then passed the required instant background check and left the store with his gun later that day.
Despite his history of mental illness and threatening behavior, Ayala appears never to have been involuntarily committed to a psychiatric institution or declared “mentally defective” by a court of law. He was therefore not prohibited under federal law from purchasing firearms.
That’s not to say that Ayala’s handgun purchase couldn’t have been prevented, however. States such as New York and New Jersey require would-be purchasers to obtain a license/permit before they are allowed to buy handguns. The permitting process involves an actual background investigation where law enforcement officials interview significant figures in the applicant’s life (such as a spouse or relatives) about issues ranging from substance abuse to the applicant’s mental health. Under this process, Ayala would certainly have been denied a permit once authorities spoke with members of his family or local officials.
Commenting on the Portland shooting, Dr. Joseph D. Bloom, professor emeritus at the Oregon Health & Science University Department of Psychiatry, said, "It's all becoming very familiar. A person with recent losses and some history of past difficulties who is depressed and becomes suicidal, and then deliberately purchases a gun with a clear plan in mind to end his life and take out his anger on society by a random shooting event and ends it by taking his own life."
Such tragedies don’t have to be familiar, however, and won’t be for long if our elected officials take the necessary steps to assure that gun purchasers are not a threat to themselves or others.
February 9, 2009
“We believe in absolutely gun-free, zero tolerance, totally safe schools”
In the wake of recent shooting tragedies at Virginia Tech and Northern Illinois University, there has been a push by the gun lobby to allow concealed carry permit holders to bring handguns onto college campuses. To date, lawmakers in 17 states have considered bills that would prohibit university officials from regulating the possession of firearms on school property. Fortunately, all of these measures have gone down in defeat due to the strong opposition of students, university administrators, and campus law enforcement officials.
During the past six months, two respected organizations, the International Association of Campus Law Enforcement Administrators (IACLEA) and the American Association of State Colleges and Universities (AASCU), have released well-researched policy briefs that argue clearly and convincingly against allowing concealed handguns on college campuses.
IACLEA was founded in1958 and is affiliated with the National Association of School Safety and Law Enforcement Officers (NASSLEO) and campus law enforcement organizations in 29 states. In their position paper, “Concealed Carrying of Firearms Proposals on College Campuses,” IACLEA’s Board of Directors states unequivocally that such initiatives will not make campuses safer, pointing out that, “There is no credible statistical evidence demonstrating that laws allowing the carrying of concealed firearms reduce crime. In fact, the evidence suggests that permissive concealed carry laws generally will increase crime.”
The paper also states that, “IACLEA is concerned that concealed carry laws have the potential to dramatically increase violence on college and university campuses that our Members are empowered to protect. Among the concerns with concealed carry laws or policies are: the potential for accidental discharge or misuse of firearms at on-campus or off-campus parties where large numbers of students are gathered or at student gatherings where alcohol or drugs are being consumed, as well as the potential for guns to be used as a means to settle disputes between or among students. There is also a real concern that campus police officers responding to a situation involving an active shooter may not be able to distinguish between the shooter and others with firearms.”
The American Association of State Colleges and Universities—a group devoted to helping to advance public education, economic development and the quality of life at our nation’s universities—has issued a policy brief entitled “Concealed Weapons on State College Campuses: In Pursuit of Individual Liberty and Collective Security.” The brief states that “the vast majority of college administrators, law enforcement personnel and students maintain that allowing concealed weapons on campus will pose increased risks for students and faculty, will not deter future attacks, and will lead to confusion during emergency situations.”
The brief further notes that, “While police are extensively trained to deal with crises, students or university staff with concealed weapons are not trained or integrated into campus security plans. Even with the best of intentions, armed students or employees could escalate an already explosive situation further, accidentally cause harm or use a gun in a situation that is not warranted.”
Once upon a time, even the National Rifle Association recognized the wisdom in keeping schools gun-free. In the aftermath of the Columbine High School shootings, NRA Executive Vice President Wayne LaPierre addressed the issue in a speech at the 1999 NRA National Convention, stating: “First, we believe in absolutely gun-free, zero tolerance, totally safe schools. That means no guns in America's schools, period, with the rare exception of law enforcement officers or trained security personnel. We believe America's schools should be as safe as America's airports. You can't talk about, much less take, bombs and guns onto airplanes. Such behavior in our schools should be prosecuted just as certainly as such behavior in our airports is prosecuted.”
Great irony can also be found in recent comments by Ken Stanton, the Virginia Tech Campus Leader for Students for Concealed Carry on Campus (SCCC). SCCC believes “there is no pragmatic basis for declaring college campuses off-limits to concealed carry.”
Speaking about Haiyang Zhu, who tragically murdered a fellow Hokie on campus last month, Stanton said, “He wasn’t like [Virginia Tech shooter Seung-Hui Cho] at all. He’s a very social, outgoing guy. He was just a normal outgoing kind of person like the rest of us. We couldn’t have seen this coming.” Stanton did not make it clear why the behavior of students with concealed carry permits—which now can be obtained through a one-hour online “training” course in Virginia—would be any more predictable.
January 19, 2009
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
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.
October 13, 2008
The Old West Mentality
In the aftermath of recent shooting tragedies at Virginia Tech and Northern Illinois University, much attention has been focused on the policies of colleges and universities concerning the carrying of concealed handguns by students and faculty.
The group Students for Concealed Carry on Campus (SCCC) has insisted that the only way to address future shooting sprees is to eliminate “gun-free zones.” They seek revisions in state laws to force colleges and universities to allow concealed handguns on their campuses. In active shooters situations, SCCC advocates that concealed carry permit holders present on the scene take charge of the situation before trained law enforcement officers arrive. In their view, “the answer to bullets flying is almost always more bullets flying. That’s why the police bring so many guns with them when they respond to a report of ‘shots fired.’”
The problem is that this directly contradicts the actual advice of campus police across the country, such as that of University of Cincinnati Police Chief Gene Ferrara, who said, "I don't think the answer to bullets flying is to send more bullets flying. My belief is we ought to be focusing on what we do to prevent the shooting from starting." University of Georgia Police Chief Jimmy Williamson concurred, stating, “I don’t know if society is quite ready for the Old West mentality to come back. How are police to know who the bad guy or good guy is [after responding to an active shooter situation]?”
SCCC’s “More Bullets” philosophy isn’t even endorsed by the 11 colleges and universities where concealed carry is allowed on campus. The Colorado State University Police Department has created a pamphlet titled “Handguns on Campus: Do You Have the Facts?” with a section on “Active Shooter Response.” Their recommendations for concealed carry permit holders? For those directly involved in an active shooter situation and unable to exit the building, they advise the following:
1. Go to the nearest room or office.
2. Close and lock the door.
3. Turn off the lights.
4. Seek protective cover. This may be under a desk or table or anywhere else that offers some concealment.
5. Keep quiet and act as if no one is in the room.
6. Do not answer the door.
7. Notify 911, if it is safe to do so.
8. Wait for law enforcement officers to assist you out of the building.
They also emphasize that their officers “receive specialized training for active shooter situations,” unlike the day-class of general handgun safety training typically required of concealed carry permit holders (if they are required by their state to have training at all). Louisiana State University Police Department spokesman Major Lawrence Rabalais recently stressed the same point when Guns on Campus legislation was considered in his state, noting that his officers repeat firearm training twice a year and participate in seminars about how to keep control of their gun during a confrontation.
The Virginia Tech Review Panel was equally clear on this matter in their final report, stating, “If numerous people had been rushing around with handguns outside Norris Hall on the morning of April 16, the possibility of accidental or mistaken shootings would have increased significantly.”
SCCC might argue that their lack of training is acceptable because concealed carry permit holders are not meant to “act like amateur, one-man SWAT teams,” but what else would you call it when individual students make unilateral decisions about whether to use lethal force in crisis situations where the potential for collateral damage is enormous?
As Chief Ferrara noted above, as opposed to turning our classrooms into war zones, the logical solution is to enact tougher gun laws to ensure that unstable persons (such as Seung Hui Cho and Steven Kazmierczak) are unable to obtain lethal weapons with which to ravage our schools. For that reason, we are happy that there are students actively opposing SCCC’s agenda, including those in Students for Gun Free Schools (SGFS), an organization founded by victims and survivors of the tragedy at Virginia Tech.
August 25, 2008
"No one should have to go through this..."
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 lady who faced tragedy at Virginia Tech before channeling her grief into a positive campaign to keep America’s campuses safe.
On the morning of April 16, 2007, Megan Meadows was sitting in her Media Writing class at Virginia Tech when a friend turned to her and said, “Something’s happened.” For the next four hours, her class was in lockdown as word spread about a shooting at West Ambler Johnston Hall. She and her fellow students spent that time watching CNN for developing news and hiding under their desks for protection.
During this time, Megan began calling her close friend Reema Samaha to see if she was okay, but there was no answer. Hours later, she would go to the Inn at Virginia Tech, where many families who could not get in touch with their loved ones had congregated. When she saw Reema’s brother there, she knew immediately—Reema was one of those killed at the shooter’s second stop that day, Norris Hall. In Megan’s own words:
“That was the most awful place I have ever been in my life. Just hoards and hoards of sobbing people, crying out names… I was so fixated on the one person I lost, that I couldn't even fathom the real number of people killed at the hands of one person until later.”
“No one should have to go through this, especially at their own school,” she thought.
Shortly thereafter, Megan saw a letter from a new group called Students for Concealed Carry on Campus in Virginia Tech’s school paper, the Collegiate Times. “I was not aware that allowing guns onto campuses was even being considered,” Megan remembers, “and when I saw this letter in support of allowing guns into schools, I became quite angry. I did not understand how after having such a tragedy happen because of guns at our school, how anyone would want to support more guns on campus. I knew I had to be a part of taking a stand against it. I knew Reema would not want this and I knew her family would not either.”
Megan met with Reema’s family soon thereafter and her suspicions were confirmed. Together with Reema’s siblings, Omar and Randa; VT survivor Lily Habtu (who was shot three times in Norris Hall); and another close friend of Reema’s, Brian Hickey; she would form Students for Gun Free Schools (SGFS).
Why does SGFS object to the presence of concealed handguns on campus? “I don't want to be forced to go to school where someone sitting next to me could possibly be carrying a weapon, and having to worry about it in class,” Megan said. “Unless that person is a police officer, I think they have no right carrying in a campus setting. The college learning environment is such a sacred thing…allowing guns—or any weapon for that matter—in schools is essentially promoting violence in that environment.”
SGFS stresses that America’s campuses remain some of the safest places in the country, with an extremely low rate of homicide. They would prefer to see a focus on tightening gun control and mental health laws to prevent future Seung-Hui Chos from committing horrific acts. “That doesn't mean that I don't think people shouldn't be able to have guns,” Megan says. “I am just saying that guns by nature are lethal weapons and we shouldn't be handing them out like an ice cream truck does popsicles.” Megan also regrets the many warning signs that were missed with Cho. “I don't think he was able to help himself, and I think the people around him at school just didn't know what to do,” she says. “There is nothing shameful about being sick, and I think this is a lesson for everyone—speak out if you know someone who needs help, who might be capable of hurting themselves or others. The SPEAK OUT campaign by PAX is a powerful resource, and I think their anonymous hotline (800-226-7733) where people can report potential threats is a step in the right direction in
preventing future tragedies.”
Students for Gun Free Schools is welcoming students across the country to join their group on Facebook and become involved on their campuses. “Students can make a difference by becoming educated,” Megan says. “I think if more students were aware that state legislators could force their schools to allow guns in their classrooms and dorms, they would take action on this issue.” What can students do to make a difference? “The first step could be contacting your Members of Congress or state legislators, writing a letter to your campus newspaper, organizing a discussion on your campus to inform others of what you have learned, or starting a chapter of Students for Gun Free Schools at your school!” Megan says.
In the end, the issue is very simple to Megan: “The overwhelming majority of Americans do not want guns on campus, so why should we let a small contingent control legislation that will greatly affect our lives?”
August 4, 2008
The Same Old Story
In the aftermath of the shooting at Northern Illinois University in February of this year, Americans struggled to understand how Steven Kazmierczak could have perpetrated such a terrible tragedy. National media outlets quoted close friends of Kazmierczak who described him as “probably the nicest, most caring person ever.” His professors said he was “a nice kid” and “extremely respectful.” NIU Police Chief Donald Grady said that law enforcement had "no indications at all this would be the type of person that would engage in such activity … There were no red flags.”
They were wrong.
A recent article in Esquire, published more than five months after the shooting, paints a far different picture. Unlike the sweet, award-winning graduate student that we heard about in February, Esquire writer David Vann tells the story of a troubled, volatile individual who was clearly a threat to himself and those around him.
The warning signs in Kazmierczak’s behavior date back to his childhood. In high school, he idolized serial killers like Jeffrey Dahmer and Ted Bundy, and was fascinated by Hitler and his crimes against humanity. Along with this obsession with violence, Kazmierczak developed severe mental health problems as a teenager. By the time he graduated from high school, Kazmierczak had attempted suicide three times, taken eight different medications for mental illness, and been institutionalized on five different occasions—including a stay at the Mary Hill Residence, a psychiatric hospital, where he spent nine months in in-patient care.
After leaving Mary Hill, Kazmierczak decided to join the Army. When it was found he had lied on an enlistment form, Kazmierczak was sent to the William Beaumont Army Medical Hospital’s psych ward. The Army then determined he was a potential danger to himself and others, and Kazmierczak was given an “uncharacterized” discharge and kicked out of the service.
After 22 troubled years, Kazmierczak arrived at Northern Illinois University, where he tried his best to conceal his past from his new peers, friends and mentors. However, his disturbing behavior continued. At NIU, Kazmierczak engaged in long, detailed conversations about school shootings with a friend on campus. When Seung-Hui Cho killed 32 fellow students at Virginia Tech, Kazmierczak was excited. He studied everything about Cho—his writings, his planning, his timing, and how he obtained his guns.
Not long thereafter, Kazmierczak began stockpiling his own weapons. In December 2006, he applied for a Firearms Owner Identification (FOID) The FOID application contained only one question that pertained to mental health. Kazmierczak was asked if he had been institutionalized in the past five years. He hadn’t been—and no further explanation was needed.
Having obtained his card, Kazmierczak purchased five handguns and two shotguns over the next 13 months from federally licensed firearm dealers. Then, on February 14, 2008, he entered NIU’s Cole Hall and killed six people (including himself) and wounded 18 others. Not long before the shooting, he told a former girlfriend, “If anything happens, don’t tell anyone about me” and “You can write a book about me some day.”
The truth is that Kazmierczak exhibited as many red flags as Cho, the Virginia Tech shooter. Six months earlier, the Virginia Tech Review Panel had published a report detailing Cho’s disturbing and lifelong struggles with mental illness. The report also included a list of recommendations on how to prevent such a tragedy from happening again—including measures to improve screening of gun purchasers.
Regrettably, the U.S. Congress and state legislatures have taken little action in the wake of the panel’s report to deny deranged shooters access to firepower.
Today, gun laws in Virginia and Illinois remain fundamentally unchanged. The current FOID card application in Illinois is nearly identical to the one that Kazmierczak sailed through in December 2006. And while Virginia clarified the process by which mental health records are transmitted to their State Police, loopholes remain open that allow prohibited purchasers and others to buy guns without undergoing a background check.
At the federal level, the picture is no more impressive. Last year, Congress passed the “NICS Improvement Act of 2007,” which was signed into law by President Bush. The bill was intended to improve the National Instant Criminal Background Check System (NICS) by creating financial incentives for states to submit more disqualifying records to the federal database, including mental health records. Before it was passed, however, the National Rifle Association was permitted to make a number of detrimental additions. Contrary to its original purpose, the legislation will now require states who accept grant funding to create programs to restore firearm purchasing privileges to those previously restricted because of mental health disability. Moreover the bill has yet to be appropriated and no grant money has been disbursed. The bottom line, however, is that the U.S. Congress has not passed meaningful gun control legislation since 1997.
If the cases of Seung-Hui Cho and Steven Kazmierczak have taught us anything, it’s that red flags and warning signs do appear consistently among shooters before they engage in acts of mass destruction. What is needed is a screening process that effectively identifies these warning signs before individuals purchase handguns, assault weapons, and other firearms. A handful of states have effective laws that go beyond a simple computerized background check and thoroughly screen gun purchasers. New Jersey is a good example—the state conducts an actual background investigation on an applicant before licensing them to purchase a handgun. Moreover, the recent decision by the Supreme Court in District of Columbia v. Heller expressly stated that background checks and licensing and registration laws were constitutional.
The question is, how much more bloodshed will it take until we implement such best practices on a national level to prevent terrible tragedies like the ones at Northern Illinois and Virginia Tech?
April 28, 2008
"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.”
May 24, 2007
Another Dangerous Individual, Another Preventable Tragedy
A murderous rampage that occurred last week on May 19, 2007, provides additional evidence that dangerous individuals can easily get their hands on guns in America, no matter what warning signs they've exhibited in the past. And while Jason Hamilton did not garner the national media attention of Seung-Hui Cho after killing three people and himself in Moscow, Idaho, the two cases are eerily similar and make one wonder how many of these shootings the American public is not hearing about.
Hamilton left a Moscow bar last Saturday night and returned home, where he fatally shot his wife in the head. He then drove to the Latah County Courthouse armed with two semiautomatic rifles and fired approximately 125 bullets into the sheriff's dispatch center and vehicles in the parking lot, killing one law enforcement officer and wounding two other officers and a University of Idaho student. Hamilton wasn't done yet. He then moved across the street to the First Presbyterian Church and shot and killed a 62 year-old church sexton. After firing off an additional 60 to 80 rounds from inside the church, Hamilton then turned the gun on himself, taking his life at approximately 1:00 a.m. An M-1 rifle was found in the courthouse parking lot. An AK-47-style rifle was found next to Hamilton's body. A search of Hamilton's house turned up an Aryan Nations flag and other written materials from the white supremacist group.
As in the case of Seung-Hui Cho, local law enforcement were well acquainted with Hamilton.
In December 1992, Hamilton was accused of aggravated assault in Arizona. The charge was dropped to a misdemeanor and he spent two days in jail.
In 1995, Hamilton was accused of cruelty to animals. The charge was dropped to a misdemeanor and Hamilton was given a one-year suspended sentence.
In 1999, Hamilton was charged with unlawful discharge of a firearm at a vehicle or a building. There was no sentence handed down.
On September 10, 2005, Hamilton was arrested for felony strangulation in a case involving a woman with whom he was having an extramarital affair. He was convicted of misdemeanor domestic battery and sentenced to 180 days in jail. 90 days were suspended from the sentence after Hamilton agreed to two years probation and mandatory counseling. Another condition was that Hamilton could possess no firearms during this time.
On January 16, 2006, Hamilton was cited for misdemeanor battery for an incident at a local tavern.
On February 16, 2007, Hamilton attempted suicide by overdosing on anti-anxiety medication and was evaluated for involuntary mental health commitment. At this time he told a mental health professional that if he were to really commit suicide, he would take others with him in a mass shooting or bombing. Hamilton was judged not to need involuntary commitment and was released.
On May 15, 2007, just days before the shooting, he was in court again for allegedly violating his probation by failing to continue with his mental health counseling. A follow-up hearing in the case was planned for mid-June.
Despite this extensive and troubling history, law enforcement authorities have indicated that, as far as they're aware, Hamilton legally purchased his guns. Yet Hamilton's misdemeanor domestic violence conviction would have prohibited him from purchasing firearms under federal law. Additionally, the terms of his sentence for that conviction called on him to surrender any firearms he owned to law enforcement authorities. Apparently, however, no effort was ever made to confiscate his guns.
What additional red flags were needed in this case? How can an individual with this type of criminal and mental health history so easily acquire the firepower needed to attack a police station? And why has the national press totally ignored a story that reinforces the lessons of the Virginia Tech tragedy?
Have we already forgotten those lessons? Or has gun "rights" again trumped what should be the most basic freedom for all Americans: public safety.