Could Gun Control Be The Defining Campaign Issue In 2016? Don’t Bet Against It.

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I can see it now. The tumultuous last night of the 2016 Republican Convention. The newly-nominated Presidential candidate strides up to the podium flanked by family members and whomever is going to be the VP. Then he bends down, can’t be seen for a second stands back up and raises an AR over his head.

You think it can’t happen? You think that gun control couldn’t be the defining issue of the next Presidential campaign? I beg to differ with you and frankly, I even wish this little fantasy would come true. Why? Because if the election does turn on the gun issue, the folks who agree with the New York Times about banning assault rifles might just win.

heston Before explaining, I have to mention the decision by the SCOTUS that denied certiorari to the appeal of the 7th Circuit’s decision that upheld the assault weapons ban in the town of Highland Park, Illinois. The ban was passed after Sandy Hook, as were similar bans enacted (and upheld) in Connecticut and New York. What was interesting about the denial of certiorari in the Highland Park case was the margin was 7 to 2; in other words, when it comes to protecting the 2nd Amendment rights of assault-rifle owners, as of now the usual 5-4 conservative majority that ruled in favor of Heller in 2008 has collapsed.

Given what just happened in San Bernardino, this decision should come as no great surprise. And luckily for all the Republican candidates, the news that the slaughter did constitute a real, ISIS-inspired terrorist attack, gave them all some way of responding without having to spend much time or verbiage on what has become the standard, red-meat rhetoric about the virtues of an armed citizenry, the dangers of gun-free zones, and all that other crap. This time around, defending the gun industry was left to Jerry Falwell, Jr., whose father, you may recall, blamed gays and lesbians for the World Trade Center attacks.

But let’s get back to which party would be helped and which would be hurt if an assault weapons ban was the driving campaign issue in 2016. And make no mistake about it, ISIS or no ISIS, there’s every good chance that between now and next November, at least one idiot will bring out his Bushmaster or his DPMS and try to even some real and/or imagined score. And I’ll take the short odds right now that the Republicans will make “defending the 2nd Amendment” the Number One plank in the GOP Platform next year, which means that the Democrats will have no choice but to call for some kind of ‘sensible gun control,’ which could mean a ban on black guns.

Here’s the bottom line on next year from a gun point of view. If Hillary gives up Nevada, Colorado, New Mexico, Minnesota and Florida but keeps the other states that voted blue in 2012 she still wins. Doesn’t win by much, but she wins. With the exception of Colorado, the others are all solid, gun-rich states. The bad news is that if she gives up those states, she has to keep states like Michigan, Wisconsin, Pennsylvania and Ohio in the Democratic column, which are also states with lots of voters who own guns. But ‘lots’ and 50% plus 1 is not the same thing. And it was the Democratic turnout in large, metropolitan areas in these states in 2012 which kept them blue. And most of those voters could care less about the 2nd Amendment or about guns.

The Democrats used to keep themselves below the radar screen on gun control as a campaign issue because the NRA took Gore to the showers in his defeat by George Bush. But 2016 isn’t 2000, and the country may not buy one more Sandy Hook. I don’t want any election to turn on the loss of human life, but put an AR in the wrong hands and it could work out that way, like it or not.

The New York Times Wants To Ban Assault Rifles And They Are Right.

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In just three mass shootings – Aurora, Sandy Hook and San Bernardino – the final toll is 147 killed and wounded. Think about that number: 147. That’s three busloads of human beings, two completely-full Amtrak passenger cars. The New York Times, in an unprecedented front-page editorial, is calling it a “moral outrage and national disgrace.” The purpose of this column is to explain why I agree with them and why, if anything, the editorial board’s call for a ban on civilian ownership of assault weapons deserves to be supported in the strongest possible terms.

The gun industry has been promoting the sale of assault rifles for the last twenty years by advancing a big, fat lie; namely, that assault rifles are just another type of ‘sporting’ weapon which is no more dangerous than the old Remington or Winchester that Grandpa and then Dad used to lug out to the woods. Until the 1960s, just about all sporting rifles loaded ammunition by the manual use of a bolt or lever, both of which considerably slowed the speed at which the gun could be reloaded and shot each time. When semi-automatic sporting rifles began to be introduced in large numbers, the speed at which the gun could be reloaded increased, but the standard semi-auto hunting rifle, like the Remington 700 series, still only held 4 or 5 rounds.

What makes the AR-style rifle so different, so lethal, and so non-sporting is not the fact that it looks like a military gun (which it is); not the fact that it might be fitted with a laser which makes it extremely accurate, particularly in indoor, low light; not the fact that the stock can be folded so that the gun can be easily carried or even concealed; not even the fact that the front barrel lug can also be fitted with a bayonet, just in case a little extra oomph is needed to finish the job.

ARnew No, what makes the assault rifle an assault rifle and not a sporting rifle is one thing and one thing only, namely, that it fires ammunition specifically designed to kill or maim military combatants (who happen to be humans, not sporting animals) and it can easily deliver 50 or 60 high-powered rounds in 30 seconds or less. This is not to say that mass shootings involving scores of victims can only be accomplished with an AR; in fact, Seung-Hui Cho killed and wounded 56 people at Virginia Tech in 2007 using a Glock 19. But Cho’s attacks were spread over more than three hours; Adam Lanza killed 26 with an AR in an assault that didn’t last ten minutes. Better coordination and communication might have saved many lives at Virginia Tech; in San Bernardino the carnage was over in five minutes or less.

What the Times calls a moral outrage and national disgrace is more than that; the ability of private citizens to get their hands on these highly-lethal weapons fitted out with high-capacity magazines is a risk to the nation’s health. When two cases of Ebola occurred in the same hospital where a patient stricken with the virus had previously died, it wouldn’t have taken more than one or two more confirmed cases and the city of Dallas would have ceased to exist. But the risk was recognized by the CDC and the threat was quickly brought to an end.

I am suggesting that the same situation now exists in the United States as regards the ownership and use of AR-15s. How many more senseless slaughters are we going to endure while politicians dither around and pretend that they are truly concerned about 2nd Amendment rights? The Constitution wisely gives government the right to institute comprehensive public health measures when the health of an entire community is put at risk. If 147 dead and injured human beings in just three assaults with AR rifles doesn’t constitute a risk, then let’s save the taxpayers some money and close down the CDC.

Responding To Mass Shootings Has Nothing To Do With ‘Gun-Free’ Zones.

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What are we going to do about mass, public shootings which not only exact a terrible physical and psychic toll on our society, but also appear to be on the rise? Well, there’s two ways we can go. One way is to believe that the stupid, self-promotions of people like John Lott about ‘gun-free’ zones and armed citizens can provide a measure of safety and security. The other way is to sit down with the professionals in the field who are intently trying to figure out the problem based on real data and real-world experiences and listen to what they have to say.

The latter response is the basis of an important article in Mother Jones by Mark Follman, who writes frequently about guns and gun violence for the Mother as well as for just about every major news venue that can be found. This article is based primarily on a threat assessment conference that Mark attended in August at which 700 professionals got together to share ideas, experiences and strategies for what might and might not work to identify and stop mass shooters before they hit the ground. The conference was sponsored by the Association of Threat Assessment Professionals (ATAP), which comprises law enforcement officers, forensic psychologists, private security consultants, representatives of school districts, researchers; in other words, the people whose job it is to protect all of us from mass shooting events. The annual conference was held this year at Disneyland because public amusement parks are considered a Numero Uno attraction for anyone who wants to commit serious mayhem with a gun.

campus I’m going to pause right here for a moment and tell you why Wayne LaPierre wasn’t invited to this conference, despite the fact that he postures himself as an expert on how to respond to mass shooting events. The NRA response to every type of gun violence – ‘good guys with guns stop bad guys with guns’ – may get an enthusiastic response from everyone who suffers from arrested development when it comes to fantasizing walking around with a gun, but it’s nothing more than a shabby marketing ploy to sell more guns.

In that respect it should be noted, incidentally, that the conference attendees were near-unanimous in their belief that easy access to guns, particularly guns that are favored by mass shooters like AR-15s, make these events not only more probable, but also more lethal. This wasn’t the opinion of a bunch of tree-hugging, liberal do-gooders who want to get rid of guns. This was the consensus view of law enforcement and security specialists who spend all their time trying to figure out what to do. Nobody at the conference wasted a moment talking about the 2nd Amendment; it was simply recognized that when you have so many guns lying around, this creates more problems for professionals who are trying to stop mass killings in which invariably guns are used.

One of the reasons that the professionals dealing with mass shooters don’t come out and tell people like John Lott where to get off is because the nature of the task which confronts them requires that they operate in a non-public mode. For example, the FBI has a special unit at Quantico that brings together specialists from five federal agencies in an effort to assist local police departments in identifying and tracking mass shooting threats. Since 2012 this group has taken on more than 400 cases, in other words, good guys using computers to stop bad guys with guns.

Identifying a mass shooter means figuring out a probable profile and then figuring out who fits the profile before the shooting begins. I came away from reading this article with a greater awareness of the difficulties and challenges precisely because sometimes the mass-shooting profile fits and sometimes it does not. But the profiles are all the same in one respect: these shooters all have in common the ease with which they get their hands on guns.

The NRA Admits The Truth About How Often We Actually Use Guns To Protect Ourselves From Crime.

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So my man Colion, he of the prancing around with his cute little AR, has just stuck up a new video on the NRA website, and it is simply a remarkable commentary on the Big Lie that the NRA has been spreading around for the last thirty years. And the lie I am referring to is the idea that armed citizens carrying their own guns are an effective response to crime. In the old days they had real personalities like Charlton Heston drumming up the ‘guns protect us from crime’ doggerel, now it’s left to made-for-video characters like Colion Noir or AM Talk Radio hamsters like John Lott to spread this nonsensical and dangerous line around. Why is it nonsensical? Because it’s based on data which (I’m being polite) doesn’t exist. Why is it dangerous? Because it diverts attention from the fact that guns create risk. Notice that I have bolded, underlined and italicized the word ‘fact.’ Get it?

Anyway, so Colion has this new video in which he’s up on a stage and with lots of canned applause, ooohs and aaahs, performs a card trick in which it appears as though he is laying out 52 cards in a certain order and then tries to do it again. And the odds of anyone being able to perform such a trick, he admits, are somewhere above a gezillion to one. Which he then says – are you ready, are you ready? – that these are about the odds of an American getting attacked and, in their moment of peril, needing to use a gun.

What? A spokesperson for the NRA actually coming out and saying that we aren’t all facing an immediate and continuous threat to our lives from the you-know-who’s that are stalking us down every street? No. Play it again Colion, play it again. And here it is: “The odds of you or me needing a gun to protect our lives is not that much better than Colion the Incredible putting these cards back in the exact order.” Then he drops the other shoe: “But the odds of someone needing a gun to protect their life with is a hundred percent.”

So what he’s saying in a somewhat scrambled way is that even though guns are the best way to defend yourself, the chances that you will ever have to defend yourself are a gazillion to one. And this segues into the usual nonsense about how people who are anti-gun have no right to tell anyone else how they should defend themselves, and nobody has the ‘right’ to tell someone else that they don’t have the ‘right’ to do something. I’m actually quoting our man Colion word for word and maybe he’s decided that if Donald Trump can get a big following by talking to his audience on a third-grade level, then Colion will get an even bigger response if he ratchets his language down to second grade. I don’t really know whether he’s dumb, playing dumb or figuring his audience is dumb, or all three. But I do know this: I never imagined I would ever hear anyone connected to the NRA admitting that the odds of ever using a gun in self-defense were about the same as bumping into a rhinoceros while you were taking Fido for his evening walk.

But come to think of it, that’s not really the reason why Wayne-o and the other NRA noisemakers tell us over and over again that we should be carrying guns. What the NRA has really been saying is that you shouldn’t be carrying a gun just to protect yourself, you should be carrying it to protect everyone else! Remember the ‘only thing that stops a bad guy with a gun is a good guy with a gun?’

Colion my man, it’s refreshing to see someone from the ‘other side’ of the gun debate actually saying something that’s based on a bit of the truth. But don’t push the truth too far or you might find yourself looking for a job.

A Court Decision That Uses The Gun Industry’s Own Fiction Against It.

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Right after the Sandy Hook massacre, both New York and Connecticut passed laws that tightened up restrictions on owning ‘black’ guns, a.k.a., the military-style AR rifles like the type Adam Lanza used to kill 26 adults and young kids. The laws basically toughened the earlier assault weapons bans, provoking immediate outcries from the pro-gun gang who challenged the laws based on their inalienable 2nd-Amendment rights. After all, the 2008 Heller decision protected private ownership of all guns that are “in common use,” and what could be more common than AR rifles of which probably more than four million have been manufactured over the last twenty years?

bushmaster logo2 The gun industry began promoting black guns in the 1990s when they realized that hunting and traditional sporting use of guns was dying out. This promotion took two forms: on the one hand creating the fiction that black guns, like all guns protected us from crime; on the other hand creating the equally beguiling fiction that military-style weapons were no different from other, traditional rifles since they could only be fired in semi-automatic mode.

The industry went so far as to create an entirely new shooting tradition, replacing the phrase

‘assault rifle’ with the nomenclature ‘modern sporting rifle’ so as to pretend that an AR-15 is nothing other than the same, old hunting gun that sportsmen have for generations been taking out to the woods. And for those who like to imagine themselves mowing down ISIS or Al Queda in the streets and alleys of Philadelphia or New York, the guns being sold by Bushmaster, Colt, Stag and other black-gun manufacturers are referred to as ‘tactical’ weapons, which everyone knows is simply an assault rifle with a different name.

Both the CT and NY laws were challenged and upheld in District Court; now the Court of Appeals, 2nd Circuit, has upheld both laws again. What is interesting about this decision, indeed remarkable, is the fact that it is based not just on the government’s authority to regulate guns that are in “common use,” but to regulate these particular types of weapons based on their definition as created and promoted by the gun industry itself! The Circuit Court accepted the notion that black guns are just another type of sporting rifle, and it was the acknowledgement that black guns are no different from other types of sporting guns that ultimately legitimized the assault-rifle bans in Connecticut and New York.

Plaintiffs in this case argued that there were more than four million AR-15 rifles owned by civilians and that these guns, like other civilian weapons, could only be fired in semi-automatic mode. As the Court said, “This much is clear: Americans own millions of the firearms that the challenged legislation prohibits.” Further, the Court also accepted the notion that many Americans keep an AR-15 in their home for self-defense. Given those circumstances, how could the Circuit Court decide that prohibiting civilian ownership of such weapons was not a violation of 2nd-Amendment rights? Because what the Court did was take the gun industry’s own fiction about these guns and stand it on its head.

The industry’s marketing of black guns as ‘sporting’ rifles is based on one thing and one thing only; namely, these weapons can only be shot in semi-auto mode. Never mind that you can deliver up to 60 rounds of ammunition in thirty seconds or less; never mind that the .223 round has a lethality specifically designed to kill or injure human targets; never mind that many military and law enforcement units also deploy the semi-auto gun. That residents in New York and Connecticut can own all kinds of semi-automatic rifles which do not contain certain military-style features means that the ban on AR-style rifles is not a prohibition of semi-automatic weapons at all.

As a noted Supreme Court justice once said, “History also has its claims.” And one of those claims is that the 2nd Amendment doesn’t give the gun industry the right to invent a tall tale to justify how it tries to sell guns.

 

 

What Did Adam Lanza and Chris Mercer Have In Common? Moms Who Lived Guns,

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So it turns out that the Oregon shooter, Christopher Mercer, got into gun s the old-fashioned way – he learned to enjoy the shooting sports from his mother. And his mother, according to an article in today’s New York Times, was no shrinking violet when it came to exclaiming on the virtues and values of gun ownership, posting for example the following statement on the internet: “I keep two full mags in my Glock case and the ARs and AKs all have loaded mags. No one will be ‘dropping’ by my house uninvited without acknowledgement.” Sweet.

Adam Lanza, the shooter at Sandy Hook, was similarly enabled and supported by his mother when it came to guns. Momma and son visited gun shops together, they shot at the range together, they probably sat and cleaned the guns together. Adam had access to all the guns in the house, which made it easy for him to drop a cap on the old lady before going over to the elementary school where he made his feelings really known.

What’s really scary in this tale of two massacres is that along with building warm and loving relationships with their sons over guns, both mothers were also keenly aware that neither boy would have qualified for the mental stability award of the year. Lanza’s mother dragged him from one mental health professional to another; Mercer’s mother posted that he suffered from Asperger’s Syndrome, an autism spectrum disorder, and she encouraged other parents of troubled children to contact her for advice.

Now don’t get me wrong. I’m not even hinting at the idea that children (or adults) who demonstrate any kind of mental disorder should, ipso facto, be considered risks to themselves or anyone else. I’m also not saying that the fact that these two boys were encouraged to use and shoot guns means, ipso facto, that they would be more disposed to commit horrendous gun assaults. But in all of the post-Oregon chatter what we hear from a certain group of public officials who want to become the 45th president of the United States, is that the Umpqua CC massacre “proves” that no amount of gun control will make any difference because people like Adam Lanza and Christopher Mercer will always ‘fall through the cracks.’

I don’t really blame Trump, Fiorina, Bush, et. al., for saying something as stupid as that. After all, it’s a tight race and pro-gun voters could be decisive in primary states like Iowa and South Carolina. What’s the old saying? You do what you gotta do? And let’s not forget that the idea that we can’t do anything about mass shootings until we ‘fix’ the mental health system didn’t emerge full-blown from Trump’s Twitter account. It was announced with unrestrained finality by Wayne LaPierre after Sandy Hook.

Truth to tell, it probably isn’t possible to do anything that would allow us to predict with any degree of accuracy who might be the next person to walk into a school, a movie theater, or some other public venue and see how many people could be mowed down before flipping to the next mag. Which is why the whole point about ‘fixing the mental health system’ to deal with gun violence is nothing more than an argument that has been invented to avoid talking about gun violence at all.

Because the truth is that mass shootings are pretty hard to pull off if you are carrying a bolt-action hunting rifle which, loaded to full capacity, only holds five rounds. And the idea that anyone would take an AR-15 with a 30-shot mag into the woods to look for Bambi is nothing but pure crap. But when sport shooting and hunting are replaced with the safety afforded by the ‘armed citizen’ versus the dangers of ‘gun-free’ zones, the result is a debasement of language to the point that no substantive discussion can ever take place. Which pretty much sums up the strategy of the pro-gun movement when it comes to gun violence.

 

Bye Bye, American Pie: The End Of Colt Firearms.

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If kids growing up today learn the word Apple for their first consumer product, then when I grew up in the 1950s, the first consumer product name we knew was Colt. So there’s a bit of personal regret, I must admit, at the not-unexpected news that Colt, the storied old gun manufacturer, has slipped into Chapter 11 and appears to be on the way out. This won’t be the first time that Colt has hit the skids, in fact the company almost didn’t survive shortly after Samuel Colt started it up in 1836, and it went through bad times - work stoppages, strikes, business downturns – on a regular basis every ten or twenty years. In fact, my father’s first job was at Colt’s in 1941 but he decided not to remain with the company because my mother didn’t particularly like living in Hartford and he was convinced that the company would fall on hard times once World War II came to an end. He was right. It did.

Colt’s has not only been the oldest, continually-operating manufacturing company in America (although sometimes it operated in name only) but the rampant Colt logo, which adorns the frame of every gun, was the first commercial logo ever copyrighted in the United States. The problem with the company, however, was that it always tied its product development to what it perceived would be the next generation of military small arms, and while it guessed correctly sometimes, such as with the Colt 1911 pistol, other times it guessed wrong. And because it guessed wrong on the military side, it missed changes in the civilian market as well.

The biggest mistake the company made was to tie its fortunes over the last several decades to the M-16 battle rifle, whose design Colt purchased from Gene Stoner in 1961 and then began receiving large military contracts in the build-up in Viet Nam. By the 1980s the original patents had expired, Colt could no longer protect its brand, and other companies like Bushmaster and FN began outselling the Hartford-made product both to the U.S. military and abroad.

You would think that Colt would have revived over the last few years given the upsurge in demand for black guns (a.k.a. assault rifles, a.k.a. modern sporting rifles) on the civilian side, but this didn’t happen at all. First, other companies like Bushmaster and DPMS had focused their marketing on commercial sales, and this made Colt just one of many companies now selling to the public at large what had become a generic gun design. Second, Colt abandoned revolver production in the mid-1990s, never got into small, polymer-frame pistols which were the coming thing, and kids turning into gun-buying adults just don’t watch cowboy movies any more. It’s hard for me, a pre-Boomer, to imagine not knowing the name Colt, but I’ll bet you my teen-age grandson has no idea what the name means at all.

But leaving aside issues of consumer tastes and how those tastes change, I think there’s another major reason why Colt’s is on the veritable block, namely, the fact that the demand for black guns has run its course, and none of the gun companies whose balance-sheets are dependent on sporting-goods sales of ARs are having an easy time. Even Smith & Wesson, whose AR products only accounts for a small percentage of their overall sales, admitted that the 10% decline in overall revenues for Q3 on a year-to-year basis was from a shrinking AR market which “drove most of the sales decline.”

A gun company selling only one, basic product which nobody wants to buy is a gun company in trouble. And no matter what the NRA and all the pro-gun advocates say, guns still represent a particular consumer product which a majority of American consumers can do without. And if Americans can do without guns, they can even do without an iconic name like Colt.

 

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