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Justice

Ten State Legislatures That Have Beaten The NRA After Newtown

As Congress fails to make progress on reforming the nation’s gun laws, state legislatures have filled the void. A number of states around the country, and not just deep-blue ones, have taken steps to crack down on gun violence. Even some very conservative states have defeated National Rifle Association (NRA) supported bills that would have significantly weakened state gun laws.

Here’s a run-down of ten instances of state progress that were in some cases mere proposals as recently as this January:

1. Colorado. A purple state with a strong gun culture, Colorado nevertheless enacted universal background checks and a ban on high-capacity magazines.

2. California. Governor Jerry Brown (D) signed legislation at the beginning of May that would provide $24 million for confiscating illegally owned weapons that the police have identified, but hasn’t had the resources to seize. California is also considering thirty-odd measures strengthening the state’s gun violence prevention measures.

3. Georgia. The Georgia legislature killed a bill at the end of the last legislative session that would have allowed concealed carry in churches, courthouse, and college campuses.

4. Maryland. Maryland enacted one of the most sweeping new gun laws in the country, including an assault weapons ban, restrictions on magazine size, and a requirement that all gun purchasers get a license and submit a fingerprint sample.

5. Rhode Island. The Ocean State’s legislature is considering an omnibus gun bill, supported by its governor, Lincoln Chafee (I), that would set up a police registry of guns to better track crime guns as well as make it harder to get a concealed carry permit.

6. Delaware. In early May, Governor Jack Markell (D) signed a universal background check bill into law.

7. Wyoming. The Wyoming legislature, which can be quite hostile to gun regulation, voted down a bill authorizing teachers to carry guns.

8. New York. New York strengthened its already strong gun laws, including stricter assault weapon and high capacity magazine bans.

9. Connecticut. Connecticut also passed a comprehensive package that included universal background checks for bullets as well as guns, as well as an assault weapons ban and magazine restrictions.

10. Nevada. Just this Wednesday, the Nevada Senate passed a universal background checks bill that would require a check on all private sales.

While several states have also loosened their gun laws after Newtown — and a few advanced laws so extreme that they are almost certainly unconstitutional – the above examples prove that the NRA’s stranglehold over the gun conversation isn’t nearly as tight as some believe, and that concerted effort at the state level can have significant effects on the gun policy landscape.

Justice

GOP Senate Candidate Freaks Out Over Gun Ad, Claims Opponent Is Blaming Him For Newtown

Senate nominee Gabriel Gomez (R-MA)

Senate nominee Gabriel Gomez (R-MA)

Gabriel Gomez, the Republican nominee to fill John Kerry’s open Senate seat in Massachusetts, Tweeted a stunning attack against his opponent Friday, claiming, without any apparent justification, that a campaign ad by Rep. Ed Markey (D) blamed him personally for the Newtown shooting.

Markey’s ad correctly notes that Gomez opposes a federal assault weapons ban and is also against a ban on high-capacity magazines. Gomez has explained his opposition to such weapon restrictions, saying “If they [gun buyers] all the checks and they’re qualified to use a weapon, I don’t think we need to restrict what kind of weapon they use.”

From the ad, titled “Clear Differences”:

NARRATOR: Real differences in the race for Senate: Ed Markey has taken on the NRA. He’ll continue to fight for common-sense laws to stop gun violence. And Gabriel Gomez? Gomez is against banning assault weapons.

GOMEZ (in clip): I don’t believe that we need to do an assault weapon ban.

NARRATOR: And Gomez is against banning high capacity magazines, like the ones used in the Newtown school shooting.

GOMEZ (in clip): I don’t believe that you should have a limit on the high-capacity magazines.

NARRATOR: The more you know, the clearer the choice.

Watch the spot:

Gomez tweeted Friday:


In a press release making the same charges, Gomez also inaccurately claims: “The only gun measure before Congress is the Toomey-Manchin proposal for expanded background checks which, just as I do, Congressman Markey supports.” The Senate voted on an assault weapons ban and magazine restrictions last month, at the same time as the minority blocked expanded background checks.

In a January letter, asking for Gov. Deval Patrick (D) to appoint him to the vacant Senate seat, Gomez contradicted his current position, writing: “Two main issues that will dominate the political discussion during this appointment will be Immigration Reform and Gun Control. Given my Latino and Navy SEAL background, I have credibility to contribute thoughtfully on these issues. I support the positions that President Obama has taken on these issues and you can be assured I will keep my word and work on these issues as I have promised.”

Justice

Is The ‘James Bond’ Gun Bill A Silver Bullet Against Gun Violence?

You may start seeing more people carrying James Bond’s gun around — by law. A new proposed federal law would require that all new guns, and eventually all guns for sale, would be required to have “smart” identification technology that only allows specially authorized users to fire it, something the silver screen saw recently in Skyfall. The law is intended to crack down on gun accidents, thefts, and suicides, but its critics — including a major gun violence prevention group — worry that it might make the problem worse.

Introduced by Rep. John Tierney (D-MA), the Personalized Handgun Safety Act of 2013 would require that all guns manufactured for sale or put up for sale, would have to have some kind of “personalized” technology that limited the ability to fire the gun to its owner and any individuals authorized. Since this technology is not widespread now, these requirements would kick in within two years for manufacturers and three years for sellers. Affected sellers include both federally licensed retailers and private sellers.

The bill is technologically feasible. Several possible ways of building “smart” guns include firearms that only activate when you press a special ring into it, guns that won’t work until you enter a key code, guns that only fire if they detect a specific radio signal, and guns that recognize biometric info like fingerprints. Some smart guns are already available abroad, including one Irish design that automatically disables guns when they’re brought into properly equipped schools.

There’s some reason to believe these measures could be effective in reducing gun violence. Roughly ten to fifteen percent of crime guns are acquired by theft; an average of 232,400 guns are stolen per year. Presumably, a smart gun couldn’t be used by a thief.

So long as parents don’t give their kids biometric “permission” or leave their gun key lying around, then kids also wouldn’t be able to fire the gun. Adam Lanza couldn’t have brought his mother’s guns to Newtown absent her say-so were they smart guns. Some of the 900 kids who died in gun accidents or suicides last year may not have lost their lives.

“Even if smart guns disarmed only our dumbest, laziest criminals and other unauthorized borrowers like kids,” wrote Dave Guston and Ed Finn, two professors at Arizona State University, “the savings in lives could be tremendous.”
Read more

Justice

At Least 5 Children Were Accidentally Shot By Children In The Week Before Mother’s Day

On Mother’s Day, the mothers of four Newtown victims warned of the danger guns pose to children. Meanwhile, at least five families saw a child injured — or in some tragic cases killed — when a child obtained and accidentally discharged a loaded firearm in the week leading up to the holiday.

  • On Monday a 4-year-old boy shot himself in the hand after removing a gun from his father’s safe in Indianapolis, IN. Thankfully, the boy was taken to the hospital and his injuries were not believed to be life-threatening.
  • Monday evening a 3-year-old boy in Florida accidentally shot and killed himself with a handgun police believe he found in a backpack belonging to his uncle, who slept in the same bedroom of the apartment also shared with the boy’s parents. The uncle has been charged with culpable negligence, a 3rd degree felony.
  • A 7-year-old Texas boy was accidentally shot in the lower back by his 5-year-old brother while taking a bath on Tuesday. The injuries were described by police as “non-life threatening” and no charges were filed against the parents for negligence as of Wednesday morning.
  • A 2-year-old Texas boy tragically died after accidentally shooting himself in head Wednesday. The boy found a handgun in a bedroom while his father was in the walk-in closet.
  • A 5-year-old boy is reported to be in critical condition after his 8-year-old friend accidentally shot him in the head with a .22 caliber rifle the night before Mother’s Day. Two adults and a teenager were in the home at the time of the shooting.

All of these tragic incidents likely could have been prevented if the children did not have access to the weapons, but 40 percent of households with kids under age 18 do not lock up their guns and almost half of U.S. states lack laws punishing individuals who allow children unsupervised access to firearms.

Guns kill twice as many children and young people as cancer, five times as many as heart disease, and 15 times more than infection each year in the United States according to the New England Journal of Medicine.

Health

How The Powerful Gun Lobby Works To Discredit The Doctors Trying To Keep Children Safe

As the nation continues to grapple with the best policy solutions to help prevent gun violence, powerful lobbying groups like the NRA continue to wield outsized influence over the ongoing conversation. That’s why pediatricians, who are currently lobbying Congress for stronger gun laws in order to safeguard children’s health, are treading cautiously as they quietly push for legislative action.

The American Academy of Pediatrics (AAP), which represents about 60,000 pediatricians across the country, has publicly come out in favor of expanded background checks, an assault weapons ban, and more federal research into gun violence. The group of doctors has consistently framed these steps as matters of public health, not politics. Nonetheless, the AAP is well aware of the fact that staking out a position on firearms could still get them in trouble with the NRA, which works hard to discredit any medical groups that wade into the issue:

Gun advocacy groups have moved to discredit the AAP, which represents 60,000 doctors who have voted overwhelmingly to support some gun measures. One was set up specifically to do this — the Doctors for Responsible Gun Ownership (DRGO). “DRGO is a nationwide network of 1,400 medical doctors, other health care professionals, scientists, and others who support the safe and lawful use of firearms for any legitimate purpose,” the group says on its website.

Founded by the pro-gun-ownership Second Amendment Foundation, DRGO says the the AAP and the American Medical Association are “motivated by deep-seated prejudice against gun owners.” “DRGO’s mission is to expose the poor medical scholarship — and the anti-gun bias behind it — held out as truth by organized medicine and medical journalism,” the group says.

The NRA has sponsored legislation to stop pediatricians from asking parents about guns in the home — something that really puzzles doctors who routinely ask about other safety issues, such as using car seats and wearing helmets while riding bikes.

A federal judge struck down Florida’s 2011 law that forbade doctors to ask about guns in the home, but the NRA has sponsored similar legislation in Alabama, North Carolina, West Virginia, Minnesota, and Oklahoma.

In fact, the NRA has stifled medical professionals’ ability to prevent gun violence for decades. In the 1990s, the group and its pro-gun allies successfully stripped funding from the Centers for Disease Control’s gun research programs, which has prevented public research into areas that could shed insight into gun violence prevention. At the beginning of this year, the White House announced that it will attempt to remove those restrictions and encourage new scientific innovation in this area — an especially important priority considering the fact that treating gun wounds costs the U.S. an estimated $2 billion each year.

Pediatricians aren’t the only ones pointing to the toll that gun violence takes on the nation’s youth. On Sunday, four mothers whose young children were killed in the Sandy Hook shooting emphasized the danger that guns pose to children in a powerful op-ed. Nevertheless, the NRA continues to market its products specifically to children.

Politics

On Mother’s Day, Sandy Hook Moms Remind Americans Of The Danger Guns Pose To Children

Four Newtown mothers whose children were killed during the December 14th shooting at Sandy Hook Elementary School have a message for the country this Mother’s Day: “We are not going away.”

In a heartbreaking essay, Jackie Barden, Nicole Hockley, Nelba Marquez-Greene and Francine Wheeler reflect upon their childrens’ lives, thank those who have stood behind them and ask others to make the Sandy Hook Promise. They write that while they’re disappointed by the Senate’s recent failure to pass additional gun regulations, they aren’t giving up on their efforts to prevent tragedies like Sandy Hook from happening in the future:

There have been nearly four thousand gun related deaths since Newtown. Too many mothers are spending too much time talking to their children in heaven instead of across the kitchen table….It is time, as six-year-old Ana Marquez-Greene once said, to “let love win.” There are 150 million parents in this country and it’s our goal to unite them in a place of common ground. This is the Sandy Hook Promise.

This Mother’s Day, we encourage you to make the Sandy Hook Promise with us. Today is not about guns, laws or politics; it is about mothers and love. As “Sandy Hook Moms,” we often hear the phrase “I can’t imagine what you are going through.” Well, please imagine it. Imagine what it’s like to lose a son or daughter to gun violence and encourage your elected officials to do the same. We never thought our school, our community or these innocent children would ever face the unspeakable. The more we as parents expand the boundaries of our love beyond our family and to all children, the more likely a tragedy like the one that broke our hearts will never happen again.

The tragedy in Newtown has exposed the threats guns pose to children — not just in mass shootings but, for many children, in their everyday lives at home. In 2010, 15,576 children and teenagers were injured by firearms — three times the number of U.S. soldiers injured in the war in Afghanistan, according to a study by the Children’s Defense Fund. At least 71 children aged 12 and under have been killed by guns in the five months since the Newtown shooting. Several of these have been tragic accidental shootings by other children: on April 29, five-year-old Kristian Sparks shot and killed his two-year-old sister with a rifle marketed for kids. In the past two weeks alone, there have been at least eight accidents involving children shooting themselves or other children.

Proper firearm storage could prevent many of these accidental shootings: if children don’t have access to guns, they won’t be tempted to handle and shoot them. But about 29 percent of households with children under 12 don’t lock up their guns, and nearly half of U.S. states don’t have laws that punish individuals who provide children unsupervised access to firearms. And although the National Rifle Association — which fought hard against expanding background checks and other gun safety measures earlier this year — teaches a gun safety course for children, one of its convention speakers recently suggested parents store guns in a safe in their kids’ rooms.

Justice

Missouri Passes Gun Nullification Bill That Criminalizes Federal Law Enforcement

A Missouri bill that would make all federal gun laws “null and void” and criminalize enforcement of those laws was sent to Gov. Jay Nixon (D) Thursday, after it overwhelmingly passed the House this week by a vote of 118-36. If the bill is signed into law by the state’s Democratic governor, Missouri would become the second state to enact a nullification law that is clearly unconstitutional. After the enactment of a Kansas law containing similar provisions, Attorney General Eric Holder sent Kansas officials a letter warning that the Department of Justice would take Kansas to court over the issue. The bill also contains several other provisions to relax state gun laws. Fox News reports:

In addition to declaring federal gun laws unenforceable, the bill would allow concealed weapons to be carried by designated school personnel in school buildings. It would allow appointed “protection officers” to carry concealed weapons as long as they have a valid permit and register with the state Department of Public Safety. The officers would also be required to complete a training course.

The bill would also allow people with a firearms permit to openly carry weapons less than 16 inches in length even in localities that prohibit open-carry of firearms.

Privacy rights of gun owners have been a hot topic this legislative session after lawmakers learned the state Highway Patrol shared the list of concealed weapons permit holders with a federal agent in the Social Security Administration.

The legislation passed Wednesday would prevent people from publishing any identifying information on gun owners. A person who publishes such information would be guilty of a class A misdemeanor. It also would prevent doctors or nurses from being required to ask patients about firearm ownership.

The measure would also lower the minimum age required to obtain a concealed weapons permit from 21 to 19.

The bill’s nullification provision not only declares invalid all laws that ”infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment.” It also specifically states that several existing federal gun laws are void, including the Gun Control Act of 1968, even though that law merely sets forth the basic licensing system and list of prohibited gun purchasers and sellers that is now in place, and has not been deemed to violate the Second Amendment. The law also makes enforcement by federal officials a misdemeanor, and creates a private cause of action for Missouri citizens who are the subjects of federal enforcement to file a lawsuit for damages.

The bill even prohibits laws that impose “registration” and “confiscation” of guns, even though the failed bill in Congress to simply expand background checks would have included a provision explicitly banning a gun registry, and making its implementation punishable with jail time  –  a point that even gun rights organizations made during the National Rifle Association’s recent conference. But this is not the only recent Missouri bill to take an extreme and untenable position. The state Senate recently voted to entirely defund the state’s driver’s license bureau, citing gun confiscation worries, and both houses passed a bill to thwart a nonbinding United Nations resolution on sustainable resource development that conspiracy theorists warn will take away their freedom.

Justice

Texas Congressman Raffling Off Same Type Of Assault Rifle Used At Sandy Hook


Rep. Steve Stockman’s (R-TX) official campaign Twitter account sent out a series of tweets on Wednesday evening offering one lucky American the chance to win an assault rifle. Not just any assault rifle, though, Stockman is offering the Bushmaster AR-15, the same rifle used in the tragic shooting at Sandy Hook Elementary School in Newton, CT:

In fairness to Stockman, his gun raffle is unusually compliant with federal law for someone who has threatened to work towards impeaching President Obama for seeking to expand background checks. According to the official rules listed on the campaign’s website, the newly minted assault rifle owner will have to go through this same supposed imposition on their freedom:

Firearms prizes must be claimed through a licensed firearms dealer in accordance with federal, state and local law. Firearms prize winners must meet all legal requirements and will be subject to a dealer’s background check.

This isn’t the first time Stockman’s campaign account pulled an outlandish stunt to gain donations or grow its email list. In April, the account sent out word that Stockman would be offering bumper stickers that read “If babies had guns, they wouldn’t be aborted.”

Justice

NRA Youth Magazine Recommends Kids Build Indoor Home Shooting Ranges

The National Rifle Association (NRA)’s overtures to children have come under fire after its annual conference last week, which advertised weapons for children and advocated storing firearms in kids’ rooms just on the heels of the fatal shooting of a two year old by her five year old brother. A ThinkProgress review of the NRA children’s magazine, InSights, found another piece of disturbing advice: kids should build target ranges inside their homes.

The article, “BB, It’s Cold Outside,” ran in the January 2013 edition of InSights. The spread features a picture of a young-looking boy holding a BB gun next to a fireplace, and is addressed to children who are “shooting a real gun now” but can’t wait to practice until it’s warm enough outside to make firing one fun. The NRA article recommends that, instead, the child build a home BB gun range to keep up.

While the article does tell kids to follow standard firing range safety rules and ask adult permission before setting up the indoor range, here are some other tips it offers:

– “Eliminate ricochet with a proper backstop. You have no idea how bouncy a tiny metal ball can be until you hear one whizzing by your head.

“There are plenty of indoor range setups you can find on the internet.”

– “You don’t want people opening a door or looking in a window to see a BB gun pointing at them.”

– “While you’re thinking of cool stuff to use as targets, also keep in mind how you’re going to set them up in your range. Hanging targets work great, by the way.

– “When you’re trying to improve accuracy, BB guns are the best. If you have a habit of flinching when pulling the trigger, BB guns will help you work that out.”

The online edition of the article links to a previous InSights feature article, which helpfully reminds young children that “The first and most important thing to remember is that with air guns, any projectile that does not hit a proper pellet stop has a very high possibility of a ricochet or bounce back. This is particularly true with a BB gun using round steel projectiles.”

Though BB guns are powered by air rather than gunpowder, they’re still very dangerous. A 2009 study in the journal Pediatrics found that BB guns and similar weapons send roughly 22,000 Americans to the emergency room each year, the overwhelming majority of whom are children aged 5-14. These injuries have, in some cases, been fatal. The American Association of Pediatrics has concluded that these guns “are weapons and should never be characterized as toys,” partly because “the range of muzzle velocities for nonpowder guns overlaps velocities reached by traditional firearms.”

It’s also questionable whether young children can be trusted to accurately carry out all of the NRA’s safety instructions. Not only are young children notoriously clumsy and irresponsible, but it’s unclear whether, say, an eight year old is capable of understanding the difference in lethality and risk between BB guns and real firearms. The Savage Arms .22 “Rascal” .22 rifles, which are frequently advertised in InSights under the banner “One Shot! One Thrill!,” don’t look all that different from some BB gun models.

Justice

At NRA Conference, Major Gun Groups Debunk NRA Spin On Background Checks

HOUSTON, TX — Two prominent gun rights groups are distributing literature taking apart the National Rifle Association (NRA)’s misinformation on the Manchin-Toomey background check bill — at the NRA’s own conference.

The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) bills itself as the second largest gun advocacy organization in the country. Its leader, Alan Gottlieb, also heads up the Second Amendment Foundation, a pro-gun legal action group that brought the case (McDonald v. Chicago) that required all states to treat handgun ownership as a constitutional right. The two organizations appear, judging from joint flyers distributed at the NRA conference, to coordinate.

CCRKBA kicked up a controversy in April, when it broke with the NRA to support the Manchin-Toomey expanded background checks bills. (The group later withdrew its support for Manchin-Toomey right before the vote because a pro-gun amendment it supported was not being considered.) But despite the bill’s (perhaps temporary) defeat in the Senate, CCRKBA doesn’t appear to be backing down — The Gun Mag, a Second Amendment Foundation publication, published an “NRA Meeting Special Issue” whose lead article takes apart the NRA’s line on Manchin-Toomey.

The article, written by former NRA Board member Dave Workman, takes an oblique shot at the NRA, which built its argument against Manchin-Toomey on the specter of gun registration and confiscation:

Gun rights activists across the nation believe the Schumer measure would establish a de facto gun registry due to a record keeping requirement. There is no record keeping provision in the Manchin-Toomey bill, and using background check information to create a registry would be punishable by up to 15 years in prison.[...]

The Manchin-Toomey alternative would provide for background checks on all commercial gun sales, including those done at gun shows and that originate on the Internet. An important exemption applies to transfers of firearms between family members, and private sales between friends and neighbors would also be exempt.

Though the Manchin-Toomey bill did not receive enough support to break a filibuster against it, Senate Majority Leader Harry Reid used a procedural maneuver to ensure the bill could be reconsidered at a future date.

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