Why Do I Own Guns? Because I Like To Own Guns.

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I bought my first real gun in Florida when I was 12 years old. A beautiful Smith & Wesson 38. Got it in a flea market somewhere on Highway 441. Owned that gun for about 30 minutes until my Uncle Nat took it away from me and probably hocked it the next day. He was right. What the hell was a twelve-year old kid doing walking around with a gun?

 

              Star 30-M

Star 30-M

This purchase began a life-long addiction to guns which continues to this day. Or at least until yesterday, when I walked into Dave’s Gun Shop and bought a Star Model 30M, a heavy, all-steel pistol that holds 15 rounds. Why did I buy the gun? Because I wanted to buy a gun. Why does my wife buy shoes? Because she likes shoes.

If I were a typical gun guy, I would tell you that I bought this gun because it’s good for self-defense. I don’t often, if ever, carry a gun. Guns are lying around the house but none are close enough to be grabbed up if an intruder were to suddenly burst through the door, but I know that owning a gun makes me safer, which is why I bought the gun.

Actually, that’s not true. I didn’t go into a gun shop yesterday because I was thinking about my personal safety. I didn’t walk up to the counter, take one look at that Star pistol and decide that this gun would protect me from crime. I certainly didn’t for one second imagine that buying that gun would somehow make me ‘free.’ I bought the gun because I wanted to buy a gun.

This may have been the third time I owned this gun. I had a Star 30M back in the mid-90’s; sold it to some guy in my gun shop who then sold it back because he needed a set of tires for his truck; sold it later to another guy who probably at some point traded it at Dave’s shop where it was sitting when I made it mine. You don’t see a Star 30M all that often, and it’s not as if the gun, or any gun for that matter, ever wears out. If this gun had been picked up at a crime scene instead of being sold to me, the ATF trace would show that the gun went into private hands somewhere around 1995. But it went into private hands and then back into an FFL inventory at least two more times over the intervening twenty years. So much for the value of ATF traces and as well as the nonsensical discussions about Time to Crime.

On the NRA website, Wayne LaPierre tells the NRA membership that “nothing would make us more vulnerable to generations of suffering and slaughter than the destruction of our 2nd Amendment.” There’s about as much reality behind this statement as the idea that I bought that Star pistol to protect myself from crime. I live in a White, middle class neighborhood – if anyone ever tried to break into my house it would probably be my drunk neighbor who thought he had come home and forgot his keys.

I have personally owned, bought and sold, probably 500 guns over the course of my lifetime, and I can say that in all those transactions going back to 1956, I never once asked myself why I needed any particular gun. But if someone were to ask me why I bought and sold all those guns, I might rattle off something about crime, or terrorism, or my Constitutional ‘rights.’ After all, I have to come up with some kind of answer, and it’s not as if people who don’t like guns can offer me a clue.

In crafting sensible solutions to gun violence, my friends in the GVP community have to understand that any new law will force me to somehow change this impulsive habit. And when was the last time you stayed on that low carbs diet?

 

 

 

 

What You Hear Is What You Get - The NRA Response To Obama.

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It didn’t take Wayne-o 48 hours to respond to Obama’s remarkable SOTU speech, and his response really points up both the success of the GVP movement to date, along with the challenge faced by GVP going forward. The fact that LaPierre felt compelled to call the President a ‘liar,’ ‘narcissist,’ ‘dishonest,’ ‘long-winded,’ ‘gas bag’ and basically a shill for the Hillary campaign, reveals the degree to which Gun Nation and Trump-ist political rhetoric have merged; i.e., if you insult your opponent enough times, you can avoid any serious talk. What’s the difference between Trump bellowing ‘Make America Great Again’ and LaPierre saying that Obama has “laid waste to the America we remember?” No difference. And that’s a good thing.

lapierre It’s a good thing because the GVP strategy shouldn’t be based on trying to convince 2nd-Amendment nihilists that there are sensible solutions to the problems caused by guns. Obama’s attempt to push a small percentage of gun transfers into the ATF-FBI-NICS framework by requiring individuals who make a ‘continuous’ profit from gun sales is hardly an attack on gun-owning rights, and LaPierre’s totally false description of this effort obliterates even the slightest possibility that his video message was an attempt to engage in an honest exchange.

We like to say that Obama has been the gun industry’s best salesman because gun revenues have soared over the past seven years. But he’s also been a magnet for the NRA’s attempts to expand its own ranks. According to Advertising Age, the circulation of the American Rifleman magazine surged by nearly 30% from 2012 to 2013, although the total circulation of all NRA membership magazines still doesn’t nearly add up to the 5 million members that the NRA now claims to represent. But numbers are one thing, the message going out is something else. If you take the time to watch Wayne-o’s video (quoting don Corleone, “Keep your friends close but your enemies….”) you’ll quickly realize that the organization which claims to speak for America’s gun owners has abandoned even the slightest pretense for anything remotely connected to reality, facts or common sense.

Take the alleged ‘failure’ of the Obama Administration to prosecute gun crimes. According to LaPierre, the President could simply pick up the phone and direct his Justice Department to mount a scorched-earth campaign to rid Chicago of every drug dealer, violent felon and gangbanger currently prowling the Windy City’s streets. This statement, incidentally, is made less than one minute after Wayne-o accused Obama of using his executive authority to destroy the Constitution, as if one can find anywhere in the Constitution the legal grounds for using a federal agency to deal with local crime.

You may recall that back in 1995, Wayne-o sent out a fundraising letter referring to ATF agents as ‘jack-booted thugs’ who were the shock troops in the “final assault to eliminate firearms ownership forever,” rhetoric that caused President George H. W. Bush to resign from the NRA. Now he’s at it again, claiming in this video that Obama is creating a ‘federal gun force’ that will be four times larger than the number of Special Forces currently leading operations against ISIS in Syria and Iraq. I don’t think that combat against ISIS has cost the lives of more than a handful of our beloved and heroic troops but gun violence kills more than 80 Americans every day. More resources to respond to domestic gun violence as opposed to overseas terror attacks? Doesn’t sound like a bad idea to me.

Watch the entire video because Wayne-o saves the best for last. After referring to the President in the most indecorous and insulting terms, he then flips and obsequiously asks Obama to engage in a one-on-one debate. I can see it now – Wayne LaPierre in the Oval Office lecturing the President on the 2nd Amendment and why Michelle should be walking around with a gun. If the NRA thinks that such amateurish grandstanding appeals to anyone beyond their most devoted members, they better think again.

The New York Times Weighs In On Crime Guns.

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Now that The New York Times devotes a portion of its editorial space to gun violence, we are treated to the contribution of op-ed writer Charles Blow. And what Blow has decided to talk about is what is truly the elephant in the living room when it comes to gun violence, namely, the issue of stolen guns. Obama mentioned the issue twice in the official White House press release outlining his new EO agenda on guns, but he tied it to expanding background checks by bringing more gun transactions under the rubric of regulated sales.

atf To his credit, Blow dug up Sam Bieler’s 2013 article which cites data from Phil Cook’s 1997 article which estimates that as many as 500,000 guns might be stolen each year. And having discovered this incredible number, Blow then throws up several remedies for the problem which will have no real impact at all. They won’t have any impact because registering guns or requiring insurance for their ownership simply isn’t going to occur. As for the idea that gun theft will go down as safe guns enter the civilian arsenal, even if a few were to finally hit the market, we still have 300 million+ unsafe guns lying around.

On the other hand, there are some steps that could be taken right now that would, I believe, have a substantial impact on the ability of law enforcement to identify and trace crime guns, a process which right now occurs in the most slipshod or piecemeal fashion when it occurs at all. And these steps wouldn’t even require any legislation or executive orders; they could be accomplished easily and quickly if someone, anyone, would make the regulatory division of the ATF do what it is really supposed to do.

Why does the GVP advocacy community put so much time and effort into pushing the expansion of NICS-background checks into secondary transfers and sales? Because the ATF has been whining for 20 years that they can only trace a gun through its first, legal sale. This is a lie. The fact is that every time a gun is acquired by an FFL dealer it must be listed in his Acquisition & Disposition book. This A&D book, along with the 4473 forms used to conduct background checks, can be inspected by the ATF whenever they enter a store. Now It happens that 40% or more guns that are sold by retail dealers are used guns, many of which were sold previously out of the same store. Or they were first sold by the gun shop in the next town. Can the ATF ask a dealer to tell them the particulars of the last, as opposed to the first sale of a particular gun? Of course they can – they own the entire contents of the A&D book.

The ATF trumpets the development of time-to-crime data which, they say, alerts them to questionable dealer behavior because the average TTC right now is about 12 years, so if guns sold by a particular dealer have a much shorter TTC, that dealer must be pushing guns out the back door. But the fact is that since 40% of the sale dates of guns used to calculate TTC might not represent the last, legal sale, the TTC numbers published by the ATF are, to be polite, meaningless at best.

The ATF still sends trace requests by fax; the rest of the world, including all gun dealers, has discovered email as a more accurate and certainly efficient way to communicate back and forth. If the ATF required dealers to keep their A&D book in Excel (which they actually recommend,) the dealer could scan his entire book immediately looking for a particular serial number and the ATF and local police would have a better chance of figuring out how and when a crime gun moved from legal to illegal hands.

You don’t need a new law, you don’t an Executive Order, you don’t need anything except some basic knowledge about the gun business in order to figure this out.

The ATF Issues A New Directive Defining Dealing In Guns But What They Say Is Not So New.

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As someone who has sold more than 12,000 guns retail, which included selling guns at gun shows and over the internet, I think I know a little bit more about whether today’s White House announcements will have an impact on gun violence than does Mike Huckabee, who has already announced that he will “repeal” every one of Obama’s gun initiatives, even though most of what the President intends to do has nothing that could be repealed at all.

atf Coincident with the White House news release and media blitz, the ATF has issued a new publication which attempts to define their notion of what constitutes being in the “business” of selling firearms, which is one of the key elements in the new Obama plan; i.e., people who sell guns privately at gun shows or online may now be required to operate as federally-licensed dealers, which means that they must conduct NICS-background checks on every gun they sell – unless, of course, the gun is transferred to another dealer.

I have read this publication with care, in particular a series of brief vignettes that give examples of people transferring guns as a business transaction as opposed to people transferring guns where no real business activity occurred. In my judgement, this publication is totally consistent with relevant laws as well as a reflection of the approach usually taken by the ATF in regulating firearm sales: “As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed.” And this rule applies to every venue that might be possibly used for selling guns – your store, retail space, trunk of your car, laptop computer or anywhere else.

I never had a problem complying with this rule when I sold guns at shows or over the internet because I was always a federally-licensed dealer; hence, every gun in my inventory needed to be identified as to where it came from and to whom it was then sold. And since as a licensed dealer I could only sell to individuals after completing a background check, it didn’t matter what sales venue I used. The ATF could (and did) inspect my documentation to insure that every gun in my inventory was properly acquired in and transferred out, and if I couldn’t produce the requisite paperwork for any particular transaction they would raise holy hell.

To provide some guidance as to what constitutes dealing in firearms, the ATF has appended 9 examples of different types of gun transfers of which 5 instances would require a dealer’s license and 4 others would not. This is a pretty comprehensive series of examples which, to my mind, honestly reflect the basic requirements of operating with a federal dealer’s license as opposed to an individual who has a personal need or desire to transfer some guns. On the other hand, anyone behaving like the 5 ‘repetitively buying and selling’ examples who doesn’t currently have a dealer’s license should be prosecuted not just for illegal sale of guns, but for being a complete and unmitigated dope. And any current FFL-holder who sells guns to someone knowing or suspecting that this individual is engaging in repetitive, for-profit sales, is aiding and abetting straw sales - period, that’s that.

The truth is that most gun dealers buy from and sell to the same people all the time. Even my internet sales, which were always dealer-to-dealer transactions, went to the same dealers because I trusted them and they trusted me. Although the term ‘straw sales’ never appears in this publication, when someone buys a gun from a dealer intending to resell it privately to someone else, that’s exactly what constitutes a straw sale, and anyone who actually believes that this infringes on 2nd-Amendment rights, also probably believes that Mexico will pay for Donald Trump’s new fence.

 

 

Where Do Crime Guns Come From? Not Necessarily From Where You Think.

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My friends at The Trace have just published a document that has floated around gun circles since it first appeared in 2003 as an affidavit in a liability case against the gun industry that was one of a number of class-action torts which came to a crashing end in 2005. Bob Ricker, the deposition’s author, had been an NRA attorney and gun-industry lobbyist who then went over to the ‘other side’ and began working in favor of more stringent industry regulations as a way to keep guns out of the ‘wrong hands.’

Much of what is in this document was similar to what the Clinton Administration said about the gun industry when it tried to get gun makers to adopt better self-policing in return for an immunity from class-action suits. This effort ultimately went nowhere, but much of what Ricker claims to have been standard practice in the industry has influenced discussions within the GVP community, along with shaping strategies that are followed by GVP advocate to this day. Which therefore leads me to ask two questions: (1). What does Ricker actually say, and (2). Is what he says really true?

Here’s the key point as quoted from the affidavit itself: “The firearms industry has long known that the diversion of firearms from legal channels to the black market occurs principally at the distributor/dealer level.” Not only does the firearms industry know this, but so does everyone else. And the fact that the industry, according to Ricker, had not taken “constructive voluntary action to prevent firearms from ending up in the illegal gun market” is, in and of itself, neither here nor there. The reason it’s neither here nor there is that the one, voluntary action that Ricker mentions (Par. 12 of the affidavit) is that manufacturers and wholesalers could more closely monitor the sales practices of dealers, rather than just shipping guns to anyone with a valid FFL.

Ricker’s affidavit goes on to tie better policing of FFL business practices to the illegal diversion of guns to criminal hands through straw sales, gun shows and the like. The only problem is that while we have all heard about ‘bad apple’ dealers as well as the proliferation of unregulated internet sales as two sources of illegal guns, nobody including the ATF has ever come up with an evidence-based number for exactly how many guns move from legal to illegal commercial channels each year. Garen Wintemute estimates that as many as 40,000 straw sales were attempted annually, but he has no data on how many of those attempts actually result in a gun moving from an FFL’s inventory into illegal hands.

Let’s play devil’s advocate for a minute and pretend that all of those 40,000 attempted straw sales go through. Sounds like a lot of guns going into the wrong hands, doesn’t it? In fact, it’s a pittance compared to the way in which most guns in this country wind up in the wrong hands, and I don’t notice anyone talking about that issue at all.

Back in 1994, Philip Cook and Jens Ludwig published the most comprehensive survey on gun ownership that I have ever seen. Now if the Nobel Prize Committee decided to give an award for gun research, it would have to go to Phil Cook. He not only practically invented the entire field of gun violence research, but his work, then and now, is impeccable and should be accepted without question as the best of breed.

And what did he learn about how guns get into the wrong hands? He learned that perhaps as many as 600,000 guns were stolen every year, this at a time when the total number of guns owned by Americans was 50% less than it is now! Are you telling me that we can have a substantive conversation about reducing gun violence without asking how to prevent the theft of guns? Gun theft isn’t the elephant in the GVP living room, it’s the whole house.

 

How Many Guns In America? Maybe Not As Many As You Think.

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Now that The New York Times has decided to become a major player in the gun debate – they even have editorial writers attending gun shows – we better make sure that all our facts are straight and our arguments correct when it comes to explaining violence caused by guns. Now I’m not concerned with getting facts from my friends on the gun nut side because like all gun nuts, including myself, we just want to hold onto our guns. But it’s my friends in the GVP community dialoging with the newspaper that sets the gold standard for fact-checking who need to make sure they get it right. So over the next couple of weeks I’m going to look at some of the evidence the GVP folks bring to bear in discussing guns, and I’m starting today with the most basic question of all, namely, just how many guns do Americans really own?

We are told again and again that the size of the civilian arsenal is somewhere above 300 million and climbing fast. Since we don’t have anything close to universal (or even partial) gun registration, this number comes from a somewhat creative extrapolation combining guns that are manufactured and imported (both of which must be reported to the ATF), plus estimates of how many guns were floating around before the ATF started compiling and publishing their numbers in 1986. The base number that is used by researchers on both sides comes from a survey of gun owners conducted for the National Institute of Justice in 1994. This study concluded that the civilian arsenal stood at 192 million guns which, when one adds in the annual numbers from the ATF since that date, gets us up to the 300-plus million that is bandied around today.

Both the gun nuts and the GVP are quite happy promoting a massive gun ownership number that continues to increase. After all, if you’re the NRA, America’s oldest civil rights organization, the more guns owned by Americans, the more guns are just another mainstream, consumer product, all the more reason why we shouldn’t do anything about guns. On the other hand, the GVP community would find its recent organizational momentum slowing if, all of a sudden, gun ownership really started going down. What does seem to be declining is the percentage of American households which contain guns – from what appears to have been maybe half of all American homes in the 1970s now appears to be roughly thirty percent.

The problem in figuring out the size of the civilian stock is that the surveys assume that once a gun gets into the civilian arsenal, it should always be counted as if it still exists and, more to the point, could be a factor in the link between the size of the arsenal and our extraordinary rates of gun injuries and gun crimes. But anyone who ipso facto assumes this to be true may know very little about guns.

According to the NIJ report, roughly one-quarter of all guns owned in 1994 were inherited or received as gifts, a percentage which is probably higher today as the proportion of gun owners continues to go down. Know what these guns tend to be? Old, useless junk. I can’t tell you how many times the kids walk into my shop with a broken or rusted gun that’s been lying around the old man’s basement and now that the old man’s carted off to the nursing home or the cemetery, the old lady says to the kids, “get rid of the goddamn guns.” The average age of privately-owned guns in the NIJ report was 13+ years, which means that for every gun recently purchased, another one was at least a quarter-century old.

Don’t get me wrong. I’m not denying the obvious connection between 300 million guns and 100,000 gun injuries and deaths every year. But if we believe that controlling those guns will reduce gun violence, we should understand which guns need to be controlled.

 

Available on Amazon.

 

Dana Loesch Opens Her Mouth About Guns And Gets It Wrong Again.

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When the NRA has to join forces with the paranoid fantasists who shoot their mouths off on The Blaze, you know that a decision has been made by the folks in Fairfax to abandon even a shred of reality-based discussion in order to hold onto their ever-dwindling base. And like it or not, the number of Americans who own guns keeps dropping, which means that in order to sell more guns, a way has to be found to convince current gun owners to buy more, and more, and more. And the game plan that has always worked in this regard is to sell the idea that Armageddon in the form of gun confiscation is right around the corner or lurking down the block.

The most successful use of this strategy occurred over the last seven years due to the fact that our President made no bones about the fact that he was, generally speaking, anti-gun. So it was easy for the gun industry to remind its supporters that Obama was the tenant at 1600 Pennsylvania Avenue, a conclusion that spoke for itself. Of course the problem now is that he can’t run again; but until January 20, 2025 we can remind the gun folks that he’s still capable of doing terrible things.

And who better to push the most conspiratorial argument from this point of view than Dana Loesch, who got going as a right-wing noisemaker promoting her own, nutty view of the world on The Blaze, but has now been hired by the NRA. And her inaugural video, which floated onto YouTube yesterday, is a combination of conspiracy, fear-mongering and downright falsehoods that could put even the most ardent conspiracy theorists (I’m thinking of Jade Helm, for example) to shame.

The only statement in Dana’s entire spiel that even remotely aligns with the truth is when she says early on that Obama is considering using Executive Orders to expand government regulation over guns. In fact, the Kenyan has made it clear that he is looking at options to close some loopholes which, under current gun laws, let individuals transfer large quantities of guns without undergoing NICS-background checks. And what this would amount to is making a clear distinction between the gun owner who buys, sells or transfers guns from time to time because he’s a hobbyist and he just enjoys fooling around with guns, as opposed to the guy who brings 50 ‘personally-owned’ handguns into a gun show, sells these guns and then restocks his inventory to sell more guns for profit at the next show. I’m not saying that a gun transferred without a NICS-background check is necessarily going to wind up in the ‘wrong hands.’ But you don’t have to be a rocket scientist to figure out that someone who can’t pass a background check today still won’tencounter any great difficulty if he wants to get his hands on a gun.

So here’s how Dana puts it: “You see, the President could use his pen to require that even the simplest transfer of a firearm between family members, like if my husband handed a rifle to his oldest son, be treated in accordance with FFL requirements.” She then goes on to paint a frightening picture of the ATF coming into the home of every gun owner, kind of a throwback to Wayne-o’s calling the ATF ‘jack-booted thugs,’ in a fundraising letter sent to the membership in 1995.

This extraordinary mangling of gun law, you should know, comes out of the mouth of someone who claims to have written a book about guns and Constitutional law. But the fact is that the entire FFL system, as defined by GCA68, has nothing to do with personal transfers at all. Dana obviously doesn’t know the difference between personal transfers on the one hand and business transactions on the other. But why should she care? Do you honestly believe that anyone who takes her rubbish seriously is interested in an evidence-based discussion about guns?

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