Blogging for gun safety reform and changing the conversation about the role of guns and gun violence in our communities. Common sense gun laws and gun safety reform and gun rights are not mutually exclusive.
I have a friend who is a gun owner working with our local and state gun violence prevention groups who has said many times that guns don’t fall from the sky. They all start out as legal purchases. As proof, this recent arrest shows why this is true. Mind you, this is just one of many many similar stories about how crime guns enter the illegal or maybe even legal market. From the article:
What the heck? Machine guns are strictly regulated for very good reason. They fall under the 1934 National Firearms Act that requires a lengthy background check process and a fee as well as registration. So how did this guy get machine guns? Good question. But they had to have started out as a legal purchase by someone who went through the process required.
Police went on to search two residences associated with Trantham, a convicted felon who is barred from owning guns, and found several firearms, police said. Officers confiscated at least seven seven handguns, two shotguns, two rifles, numerous gun parts and thousands of rounds of ammunition that were seen in a photo posted by police to Facebook on Saturday, July 13.
Think of airport security, metal detectors in government buildings, etc. It will take just one bullet from one of these 3D guns at a Congressional hearing before the public understands the danger.
Where is common sense?
Another article in my local paper reveals that a recently released felon, convicted of shooting someone, on the day after his release, stabbed and beat his wife for the crime of not being home when he was released from prison:
Daniel Kriesel, 45, has been incarcerated for much of the past decade after he was convicted of shooting another man in the East Hillside in 2008. He’s now facing the potential of another long prison term after the Monday incident that left the victim with injuries that a prosecutor described as “brutal.”
Much like cats and dogs, guns don’t fall from the sky. But it is really raining guns in America. We need to drain the ponds formed by the guns flooding our country and stop them from falling into the wrong hands.
“I want to reserve a space for the humane. I hope I would react humanely. And I hope it would affect me. But does that lead me to apologise for what was done? And I appeal back to standard discussions about respect for civil liberties. What does that mean? It means people will abuse these rights. But what does it mean, as a structural feature, to have access to military weapons as a society? I’m not trying to brush it off but it means accepting people will abuse their liberties, but that’s why they deserve protection. If no one is going to abuse a gun, it wouldn’t be a right worth protecting. If no one was going to make a speech, we wouldn’t need to defend the principle of freedom of speech. The same thing with the right to be secure in your possessions.”
The problem with Wilson’s argument is that’s it’s an argument, one that you might formulate in the sixth-form debating society. And on the other side, there would be a dead person. Your mother, perhaps. Or your son who, if it hadn’t been for Wilson, and his desire to push the boundaries of internet freedom further, would still be alive. But I can’t get through on this point.
Coming from an avowed libertarian and anarchist, these are worrisome words. “The right to secure your possessions” is an interesting turn on language. Given that every day, there are incidents where otherwise “law abiding gun owners” don’t secure their possessions and people end up dead, what in the world does this guy mean?
Criminal laws often change because of shifting societal attitudes or in response to other events. One example is the decriminalization and reduced penalties involved in possessing small amounts of marijuana. But the destruction caused by the opioid epidemic and explosion in prescription drug misuse and abuse has led to the opposite result. Louisiana laws regarding possession of heroin, opiates, and prescription drugs have become harsher, and prosecutors throughout the state have been aggressively seeking convictions as part of efforts to fight the crisis.
It is not hard to understand why law enforcement is attacking these crimes so vigorously. In 2016, for the first time in history, more people died in New Orleans from drug overdoses than were killed in homicides. It is estimated that 175 Americans die from opioid overdoses every single day, and the personal and economic damage caused by opioid abuse is astronomical.
If you are arrested for possession of heroin or the unlawful possession of opioids or other prescription medications, you could be facing hefty fines, significant time behind bars, and other serious consequences.
And so, there are shifting societal attitudes in response to gun violence. In fact, 97% of Americans agree that we ought to require a criminal Brady background check every time a gun is sold. That doesn’t happen as we all know. Private sellers are allowed to sell guns in their possession to anyone who wants to buy them. It could be a felon. It could be a domestic abuser. It could be someone who has been adjudicated mentally ill. The seller wouldn’t know that of course, unless the buyer was subjected to an easy and quick background check through the FBI’s National Instant Check System.
But if one can possess a plastic gun made at home on a 3D printer, who is to know anything about the person who has made that gun?
Last month, the agency agreed to settle a multi-year legal battle with Texan Cody Wilson, who claimed in a lawsuit the government infringed on his right to free speech for posting the programming code online to print a 3D gun. He was ordered to take it down for violating US export laws.
The administration said in the settlement, which was not made public but provided by his attorneys to certain media outlets, that Mr Wilson’s charity group Defense Distributed could post the code online and it agreed to pay $40,000 of his legal fees.
“The government fought us all the way and then all of the sudden folded their tent,” Alan Gottlieb of the Second Amendment Foundation, a gun rights group who assisted Mr Wilson on the case, told CNN.
Though the lawsuit had been filed during the Obama administration, Mr Gottlieb said much of the case had been handled by career civil servants not political appointees of Mr Trump.
Was it Russian money as is asked in the above article?:
The F.B.I. and special counsel Robert Mueller are investigating meetings between N.R.A. officials and powerful Russian operatives, trying to determine if those contacts had anything to do with the gun group spending $30 million to help elect Donald Trump—triple what it invested on behalf of Mitt Romneyin 2012. The use of foreign money in American political campaigns is illegal. One encounter of particular interest to investigators is between Donald Trump Jr. and a Russian banker at an N.R.A. dinner. (…) Torshin—who Spanish authorities wanted to arrest in 2013 on money-laundering allegations—made energetic efforts to ingratiate himself with the Trump campaign. (Torshin was never charged and has denied any wrongdoing in the money-laundering case.) He met Donald Trump Jr. at a private dinner during the N.R.A.’s convention in Louisville, Kentucky, in May 2016. Alan Futerfas, a lawyer for Trump Jr., has dismissed the conversation between his client and Torshin as “all gun-related small talk.”
Really? “Gun related small talk”? Doubtful.
Since the above linked article was written, we now know about an actual Russian spy who spent some time getting to know leaders from the NRA and other conservative folks who had influence into the Trump campaign. I wrote my last post about this.
So back to 3D guns. Is there any common sense at all to allowing anyone to make a gun in the comfort of their own home?
The answer just has to be NO. People who will be a danger to themselves or others, if they have the funds to invest in the required printer, could make a gun like this and carry out a crime against an innocent person(s). This is just not the kind of America we want or should have. Gun rights do not include anything that anyone wants to do. There are limits.
And speaking of limits and the NRA, can we touch for a minute on the tragic incident in Florida, the gunshine state, involving a white man who shot and killed a black man in a dispute over a parking space? Because of Florida’s Stand Your Ground law, the shooter will most likely go free. There is still another step but the sheriff has said he will not charge the man with murder because of this law. Read below:
Sheriff’s detectives said Michael Drejka, 47, approached Jacobs while her boyfriend Markeis McGlockton, and the couple’s 5-year-old son, Markeis Jr., went into the store. Drejka and Jacobs began arguing about her parking in the handicapped parking space.
Witnesses told police that McGlockton came outside, walked over to Drejka while he was arguing and “forcibly pushed” Drejka, causing him to fall.
“This is a violent push, this wasn’t a shove, this wasn’t just a tap,” Pinellas County Sheriff Bob Gualtieri said during a Friday press conference.
In response, the news release stated, Drejka pulled out a handgun while he was on the ground and shot McGlockton in the chest.
“Witnesses say McGlockton walked back into the convenient store where he collapsed,” the release stated. He was taken to a hospital where he died.
The state of Florida has made it even harder for victims’ families to get a hearing in court over the murder of an unarmed ( most often) loved one:
The framework of Florida’s ‘stand your ground’ law was changed this year, Gualtieri said. Before, the defendant/shooter used “stand your ground” as a defense and had to prove they were in fear of further body harm, the law now says the state attorney has to provide “clear and convincing evidence” that the defendant/shooter is not entitled to “stand your ground” immunities.
“Nowhere else is there anything like this in criminal law where somebody asserts something and the burden then shifts to the other person,” Gualtieri said. “That’s a very heavy standard and it puts the burden on the state.”
Gualtieri said the case will go to the state attorney. Meanwhile, “Drejka will not be charged, will not be arrested by us … either (the state attorney) will concur or not and if he concurs, there will be no arrest.”
Over 30,000 Americans are killed by bullets every year. It is a health care epidemic.
Elections are coming. Vote for candidates who will actually care about saving lives. Gun rights and gun safety reform are not mutually exclusive no matter what the corporate gun lobby would like you to believe.
WASHINGTON– Attorneys representing the Brady Center to Prevent Gun Violence, Everytown for Gun Safety and Giffords Law Center to Prevent Gun Violence have informed a Texas federal court that they anticipate filing legal action within days related to a settlement that would allow new designs for downloadable, untraceable guns to become public and available world-wide as early as August 1. The gun safety organizations urged the court to consider the public safety and national security risks posed by the settlement, which would let Defense Distributed —a company run by a self-proclaimed anarchist who wants to undermine gun safety laws —post its gun blueprints online in the form of Computer Aided Design files.
“[T]his settlement is far from ordinary,” the gun safety organizations write in a letter available here. “It is dangerous, irreparable and – as the government itself has emphatically argued for years – raises issues of national defense and national security of the highest order. It is also, we believe, illegal.”
This is very good news indeed. National security is at stake here. What kind of country to we want? I would argue that we don’t want people making 3D guns in their living rooms and potentially committing acts of terror on the American public.