Media Matters

Are there stray bullets?

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I have been thinking about all of the shootings since I last wrote and shooting anniversaries ( 5 victims remembered one year after the Annapolis Capital Gazette newspaper office). We have a mass shooting every day in America and could be doing a memorial every day as well. This is the sad state of gun violence in America in the week leading up to our nation’s July 4th celebration.

Is there such a thing as a stray bullet? Every bullet shot out of a firearm finds a place to land. Most often they land in the bodies of innocent humans going about their everyday business. Take, for example, the headline of an article in today’s Duluth News Tribune- “Drive-by shooting in St. Paul injures 5“:

The shootings in the Payne-Phalen area happened about two hours after a man was killed in a shooting, also on the city’s East Side, but Sgt. Mike Ernster said police don’t believe the cases are related.

Officers responded to a two-story house at 909 Desoto Street about 10:30 p.m. on a report of shots fired and found four people injured.

Note that there was a shooting homicide a few hours earlier. No doubt we will learn more about this shooting of 5. No matter who they were or what the circumstances, we know that bullets are flying in our neighborhoods and homes, injuring or killing about 100 a day.

These are daily headlines all over America. They are commonplace enough that most people just shrug and move on. In another country, people would be outraged about it and do something about it or have already done something about it so these are not headlines in their media outlets.

We are an America in love with our guns. Other countries have hunters and recreational shooters but do not own handguns for protection. Other countries also do not have a second amendment or powerful and influential gun lobby making the rules for gun ownership. That could change in America because the once powerful gun lobby has been exposed for the corrupt organization it is and is having so many financial difficulties that there hateful and fear mongering NRATV has been canceled. Dana Loesch’s voice will be silenced for the moment and her terrible screeds against those of us who want common sense gun laws and a gun culture that includes gun safety reform will not be heard by the gun rights extremists.

Her lies and deceptions have been influencing the far right for several years and fomenting the people with guns who are waiting for their insurrection moment. From the Media Matters article above:

The morning after the first Democratic primary debate, Loesch took to Fox & Friends to criticize Democratic presidential candidates’ positions on gun violence prevention. Loesch claimed the candidates hide their “confiscation” plans by calling them “mandatory buybacks.” 

The former NRA spokesperson went on to baselessly claim a new Gallup poll shows “there are more people who think that 9/11 was an inside job” and “more people believe the moon landing was fake than actually want gun control.” 

Fake news. Some people can be controlled by lack of understanding and education about issues. Facts actually do matter. Basing policy and public opinion on false information and lies is dangerous to our country. We have a President who lies with almost every word that comes out of his mouth. So to attribute lies about guns and gun safety reform to those who were telling the truth in the Democratic primaries is the height of hypocrisy. So far it has worked for a certain segment of the population who also call themselves patriots.

Do guns = patriotism? No, is the answer. But on July 4th and other holidays like New Years Eve, some people believe they can do whatever they want with their guns and fire them into the air in celebration. They forgot or never thought of the fact that bullets don’t know where to stop until they hit something. Celebratory gunfire takes the lives or injures innocent people every year when stray bullets go up and then, as is inevitable, come back down. My friend Joe Jaskolka, is one of the innocent victims of such a stray bullet.

Joe’s life and those of his loved ones and friends were forever changed by a stray bullet.

Another stray bullet found its’ way into the body of a Minnesota motorcyclist just traveling innocently and trying to enjoy his ride. A reckless and irresponsible gun owner was target shooting nearby not thinking that bullets actually fly around in the area:

Good advice. The funny thing about this statement ( not funny really) is that too often shooters are sure of their targets which is why so many Americans have died from bullets. And the other bit of hypocrisy is that even people who are trained to use weapons such as law enforcement officers and military members frequently miss their intended targets.

And we want teachers to have guns in schools to protect our children? Do we want this teacher to carry her gun in her classroom after pulling it out to threaten someone who got in front of her at a McDonald’s drive through line? I think not.

Guns are dangerous weapons designed to kill. They should not be owned, stored or carried cavalierly as they too often are.

We are at our cabin for the week of July 4th. We have heard someone target shooting across the lake and not too far from the road that goes past our lake. We think it is the sound of a shotgun which would be less dangerous to others. But it isn’t even close to hunting season so why be shooting now? But then we do hear the sound of a rifle which means there are bullets flying around that could actually hit someone else. And yes, people have a right to shoot off guns in rural areas on property they own or at gun ranges, But if they are not careful, innocent people could be their targets.

Speaking of innocent victims there have been a number of “accidental” shootings of children by children. Two children were injured in Texas when another got access to a shotgun and shot it, as children will do. Yes, even shotguns need to be stored safely away from ammunition. Or this grandmother whose purse was the “holster” for a concealed carried gun:

Kayden Stuber was staying with his grandmother and aunt while his parents were at work, and according to local authorities, the child went into his grandma’s purse — which was sitting on the bed — and “in some way retrieved, was handling the gun when it discharged,” Greenville County Coroner Kent Dill says. Deputies and emergency responders rushed to the scene, but Kayden was pronounced dead on the way to the hospital.

An innocent two year old is dead and the entire family is traumatized. The ripple effect of gun violence is real.

These are American tragedies and not only senseless but avoidable.

The thing is, there are far too many irresponsible gun owners who have been convinced that owning a gun for self defense and maybe carrying one around for protection is a good idea. There is no training required when one purchases a gun for any reason. There should be.

And some states have loosened concealed carry laws to the point where no permits or training are required and want a national law that would recognize the permits from any other state regardless of the regulations.

So far the law has failed to pass. How can any politician even think this is a good idea? Simple- they are lapdogs for the corporate gun lobby.

Our politicians are not thinking through the facts and one fact should trump all others. Passing stronger gun laws is patriotic and will result in a safer America. Stronger gun laws will not infringe on our constitution or gun rights. It will make them stronger as well.

Back to my original thesis- there really are no stray bullets. There are bullets intended for someone else. There are bullets intended for someone loved or known by the shooter. There are bullets that are not locked away from children, suicidal adults, felons, burglars, domestic abusers, terrorists and others who should not have them. There are bullets shot by irresponsible gun owners who think it’s fun to target shoot or shoot into the air without bothering to think about the consequences and where the bullets might land.

Have a safe and happy July 4th however you celebrate. If your celebration includes guns, please use them safely and think about your surroundings. And for goodness sake, don’t let children use those guns or find them lying around loaded. Safe storage of guns saves lives. It keeps small hands from accessing them. It keeps people who are suicidal from accessing them. It keeps people who could be a danger to themselves or others from accessing them.

Being a patriot also means caring enough about our country to care about the safety of its’ families and communities. Being free from shootings is being a free country where we all feel safe in our communities.

NRA Convention myths and facts

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Trump NRAStarting tomorrow Atlanta will host the annual NRA Convention. It should be yet another testament to the more and more extreme agenda of the leadership of the NRA. Nationally and in states all over the country, the gun lobby’s leaders and lobbyists have been pushing for ever more dangerous laws to undermine public safety.

Donald Trump will speak at the convention on his 99th day in office. He must believe that the American public will find this to be one of his key accomplishments in his first 100 days. The accomplishment will be for the corporate gun lobby and, if you follow the money,  for gun industry profits.

There is little real support for these bills except for the NRA’s leadership and lapdog politicians. Americans for Responsible Solutions released new polling data that shows that most gun owners and NRA members do not agree with the agenda of the organization:

As the National Rifle Association (NRA) prepares to kick off its annual convention in Atlanta later this week, a new national survey of gun owners finds overwhelming opposition to the dangerous policies and positions supported by the Washington gun lobby. The poll, released today by Americans for Responsible Solutions PAC, also finds that a many gun owners believe that the NRA has become increasingly out of touch with them on important gun safety issues and shows that a majority of gun owners believe the NRA has lost its way, straying from its original purpose and mission. (…) The poll illustrates a disconnect between the views of gun owners and the priorities being pushed by the gun lobby. Key federal legislative priorities named by the NRA, including federally mandated concealed carry, deregulating the sale of gun silencers, and eliminating gun-free school zones, receive very low support from gun owners themselves.

There is a disconnect not only between gun owners and the corporate gun lobby but between the general public as well. That is because the NRA and other pro gun organizations are out of touch with the real America. Their agenda is all about power, control and money. In a recent post, I mentioned that the NRA has become now a talking head for the agenda of the political far right:

The right-wing conservatives now ascendant in Washington are not so shy about their ties to the gun group, and the NRA and its allies are championing policies that would formerly be regarded as fringe. At the federal level, the NRA’s top legislative priority is a bill that would require states to honor each other’s laws governing the concealed carrying of handguns. Another gun-rights measure pending in Congress would legalize silencers, and a third would abolish gun-free school zones.

So let’s review, shall we?

The NRA now has a “seat” at the White House like in no prior administration.

The NRA spent $30 million to get Donald Trump elected.

The NRA spent political capital and actual capital to make sure that the open Supreme Court seat went to someone they wanted- Neal Gorsuch.

At least one NRA Board member, Ted Nugent, has dined at the White House with Donald Trump- last week. You can’t state clearly enough how offensive Ted Nugent has become and yet still retains a Board position with the NRA. Why was he dining at the White House along with someone who seems to share his views- ex VP candidate Sarah Palin- the one who shoots bears from a helicopter and loves her guns. Ted Nugent is not what we would call a fine upstanding citizen who should be dining with any President in my opinion.

The NRA’s extreme agenda is now in the “mainstream” of our government and will be apparently pushed by our very own President.

Americans continue to die from gunshot injuries at the alarming rate of 90 per day and around 32,000 a year.

Mass shootings continue on a pace more rapid than in past years.

Veterans are shooting and killing themselves in gun suicides daily but the House and perhaps the Senate will decide that not only is that OK, they will make it more possible.

Alex Jones, right wing conspiracy theorist and who believes the Sandy Hook shooting was a hoax, is a friend of our President.

Common sense is nowhere to be seen at the federal level concerning a national public health epidemic.

Americans generally do have common sense about gun policy, but as long as the corporate gun lobby has a hold on our political leaders, the public’s wishes will be ignored.

“Corporations are people” but corporations don’t get shot and killed. The gun lobby is a corporation formed by the gun industry and the leaders and lobbyists of the pro gun movement. As long as this is the case, we can expect to see shootings continue unabated.

Here are some facts to lead us into the week-end’s festivities:

While the NRA has been placing friends and allies in the Trump Administration and getting favors in return, it has also been relying on relationships with legislators and even President Trump’s own family to push its legislative goals in Congress. NRA allies in Congress and the White House have already delivered some quiet victories for the gun lobby that will endanger public safety. In February, Congress passed and President Trump signed legislation behind 3 responsiblesolutions.org #ResistTheGunLobby closed doors that eliminated a President Obama-era rule that prevented mentally impaired individuals from accessing firearms.12 The rule had required the inclusion of records into the NICS background check system of recipients of Social Security disability benefits who also required a fiduciary representative to manage their benefits because of a disabling mental disorder.13 And in March, the House of Representatives passed legislation that would make it harder to keep guns out of the hands of veterans with severe mental illnesses by effectively prohibiting the Veterans Administration from sharing those records with NICS while also removing the 174,000 records already included in the system. This will put the veterans who most need our support at increased risk of doing harm to themselves or others. The most recent statistics available from the VA found that an average of 20 veterans per day die from suicide.14 While these are early victories for the NRA, their real agenda is focused on policies that would undermine law enforcement and put public safety at risk, making communities across the country less safe.

And more, from the ARS article, from the mouth of NRA Executive Director Wayne LaPierre:

In January, before President Trump was even sworn in, LaPierre made the NRA’s new mission clear, warning members that the “forces that conspired to keep Donald Trump out of the White House are coming together to sabotage his administration,” seeking to “inflict their revenge.”46 A month later LaPierre compared antiTrump protestors to “terrorists” and joined Trump’s attacks on “leftist media” and the “fake news.”47 LaPierre and NRA-ILA Executive Director Chris Cox are both slated to speak alongside Trump at the NRA’s annual meeting.48

Revenge. What is that exactly? And what are we talking about here? What I am talking about is public health and safety and protecting lives. The NRA and corporate gun lobby don’t seem to care a whit about that because… rights……money……loyalty…….power……control……..business.

The alternative facts and fantasy of more guns everywhere making American great again continues. Facts don’t matter when it comes to the gun extremists. They want what they want. And what they want is not good for America. A visit to the NRA headquarters is featured in a recent New York Times article takes on the fantasy world of the gun lobby in which we put our heads in the sand and ignore our real problems with guns and gun violence. From the article:

The film star stands tall at the National Rifle Association’s National Firearms Museum — true, only as a cardboard cutout of himself. But the cardboard fantasy of the good guy gunning down the bad guy is what makes the museum work as an enjoyable escape from the life-and-death reality of American gun carnage.

There are thousands of ingenious, gleaming rifles and handguns in displays about America’s gun-rich history of colonialism, immigration, expansionism and vigilante justice. But it is the gallery devoted to Hollywood and its guns and good-guy shooters that best illustrates the power of fantasy now driving the modern gun rights debate.

“Go ahead, make my day,” Clint Eastwood growled famously to a movie bad guy before dispatching him — kaboom! The museum narrative identifies the actual movie guns, not the actors, as having the “starring” roles in assorted western and terrorist-fantasy shootouts. The gallery includes some of the blank rounds actually fired in movies, as opposed to the live rounds bedeviling real life beyond the film screen.

During a visit, the difference between “acting” and “acting out” necessarily comes to mind. Why is there no stream of gripping films about the thousands of troubled Americans with easy access to guns who can lethally act out their darkest grievances on family and society day after day? Shooters nowadays must rise above the B-movie level to get noticed amid the 30,000-plus annual toll of gun death. They need a different twist in motive or a record-high death toll — or maybe the live delivery of death on Facebook, as happened last week — to jolt a jaded public. Inert politicians, of course, remain far more sensitive to the gun lobby than to routine gun mayhem.

(…) The N.R.A.’s latest priority is rooted in its ultimate fantasy that society will be safer if ordinary Americans are allowed to routinely pack a pistol. The organization is pushing Congress to pass a national concealed-carry reciprocity law to make it easier for people with state concealed-gun permits to carry their firearms nationwide. This is part of the campaign to make gun possession ubiquitous among ordinary citizens. All states permit some concealed carry, but under vastly different safety controls. That is why opponents wisely fear that national reciprocity is a ploy to sell more guns and undermine stronger local and state gun controls.

Fantasyland for sure. Evidence and real shootings every day lend the lie to the fantasy about more guns making us safer. Survivors and family members have found out that what they see on TV or in the movies is fantasy. What happens in real life is no fantasy.

The fantasy is that the NRA leaders and lobbyists live in fantasyland as they promote their agenda. One has to wonder when this fantasy bubble will burst. In the ARS polling ( from article above) an interesting question was asked and here is the answer:

  • The NRA is out of touch with gun owners on gun safety issues. 67 percent of the gun owners feel that the NRA used to be an organization dedicated to gun safety, but it’s been overtaken by lobbyists and the interests of gun manufacturers and lost its original purpose and mission. Less than 50 percent of gun owners feel that the organization represents their interests.

It’s past time for a change. As the myths and fantasies of the NRA continue to be perpetuated by those at the top, including now our President, people are dying. It doesn’t have to be this way.

 

UPDATE:

This Media Matters article sets the record straight about the myth that the NRA is a Civil Rights organization as often touted by their leaders:

Despite targeting a civil rights hero, the NRA has routinely attempted to co-opt the civil rights movement by, among other things, calling gun regulations “equally as unconstitutional” as Jim Crow laws and bemoaning that “too many Americans don’t think of the Second Amendment as a civil rights issue.” In August 2015, NRA’s Institute for Legislative Action media liaison Lars Dalseide compared a Seattle ordinance that would fund gun violence research by imposing a tax on the sale of guns and ammunition to Jim Crow-era poll taxes.

In March 2014, NRA board member Ted Nugent wrote in a column for conspiracy website WorldNetDaily that gun owners “must learn from Rosa Parks and definitely refuse to give up our guns,” in response to a law that banned assault weapons following the Sandy Hook Elementary School massacre. Nugent went on to call Rosa Parks his “hero” and has previously called himself “Rosa Parks with a Gibson.”

The NRA can in no way be compared to our nation’s real Civil Rights organizations and actions taken to push for those rights. The organization was founded on the idea that it would support hunters and hunter and gun safety. The fact that the leaders and lobbyists use their efforts to increase profits of the gun industry and their control over elected officials by couching it in civil rights language is dangerous and fantasy. I am betting that even many who pay their dues to the organization have no idea that the leaders make this claim.

Nugent is no Rosa Parks.

Wayne LaPierre is no John Lewis.

False facts are not facts.

Myths are fantastical thinking.

The definition of fantasy:

  1. obsolete :  hallucination

  2. 2:  fancy; especially :  the free play of creative imagination

  3. 3:  a creation of the imaginative faculty whether expressed or merely conceived: such asa :  a fanciful design or invention a fantasy of delicate traceryb :  a chimerical or fantastic notion His plans are pure fantasy.c :  fantasia 1 the organ fantasy of Johannes Brahmsd :  imaginative fiction featuring especially strange settings and grotesque characters spent the summer reading fantasy —called also fantasy fiction

  4. 4:  caprice served to fulfill the king’s fantasies

  5. 5:  the power or process of creating especially unrealistic or improbable mental images in response to psychological need an object of fantasy; also :  a mental image or a series of mental images (such as a daydream) so created sexual fantasies

  6. 6often attributive :  a coin usually not intended for circulation as currency and often issued by a dubious authority (such as a government-in-exile)

 

 

 

All for fun gunny tales

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red_hood_002Many fairy tales are violent. I admit to that and admit that some of them made me uncomfortable while reading them to my own children. Sometimes we examine what we are doing and what we have done and come to the conclusion that it wasn’t such a good idea after all and that we could do better. Writing non violent tales is one of those ideas whose time has come. Is it just a liberal idea that we should protect children from the violence that befalls children and adults in these fairy tales?  Because in the real world, bad things do actually happen to children.

So the NRA is “making light” of some popular fairly tales by writing their own versions in which children appear to save themselves by defending themselves and sometimes with guns:

That world now exists on the National Rifle Association’s NRA Familywebsite, which partnered with author Amelia Hamilton “to present her twist on those classic tales” — a series that has infuriated gun-control advocates, some of whom called it “disgusting.”

Gun-rights supporters say the stories — which started with “Little Red Riding Hood (Has a Gun)” and continued with “Hansel and Gretel (Have Guns)” — are a more peaceful alternative to the often disturbing fairy tales from childhood.

Which is it?

The idea drew mixed reactions amid the continuing battle between gun-rights advocates holding tight to their Second Amendment rights and gun-control activists concerned with incidents involving children and guns.

And then, the reality of kids and guns is mentioned:

So far in 2016, at least 52 children under age 18 have picked up a firearm and accidentally shot themselves or someone else, according to data from the gun-control group Everytown for Gun Safety.

Gun violence prevention groups (like the Brady Campaign) reacted to this cynical attempt to sell the idea of self defense for children ( from the article):

“Make no mistake, this is a disgusting, morally depraved marketing campaign,” Dan Gross, the organization’s president, said in a statement. “The NRA continues to stoop to new lows in the hopes of shoving guns into America’s youngest hands. If nothing else, this approach demonstrates just how desperate the organization has become to sell more guns — it must now advertise deadly weapons to kids by perverting childhood classics with no regard whatsoever for the real life carnage happening every day.

“To be frank, it’s pathetic.”

Pathetic indeed.

In real life, this just happened:

The father of a 7-year-old San Angelo boy who allegedly shot himself in the leg struck another boy with his truck while attempting to take his son to the hospital, police said.

Andrew Crittenden, 26, told San Angelo police Friday that he had given his son the handgun, which the boy was playing with inside an apartment. Crittenden said he thought the gun had been emptied of live rounds, police said.

So in this case, a father gives his 7 year old a gun to play with and the boy shoots himself and then the father runs over another 5 year old with his car on the way to the hospital with his own son. Is this a fairy tale? Sometimes truth is stranger, or worse, than fiction. The gun lobby can try to create its’ own world of fiction regarding the use of guns for self defense and encouraging children to have guns but reality  blows their fiction out of the water. Or at least it should if we had any common sense regarding the actual risks of guns to children.

This is a real pathetic tale.

Or what about this real story about a 14 year old boy who shot and killed his 13 year old friend with a gun that was left around the house? The 14 year old will be living now in the real world of awful guilt over this terrible and avoidable tragedy and another family will be living with their real grief over the loss of a loved one whose potential will never be reached. That’s no fairy tale.

In the NRA’s ( and corporate gun lobby) world, small concealable guns should look like cell phones because….. why not? Imagine searching through a pocket or purse for your phone and coming up with the gun/cell phone instead. What could possibly go wrong?

In the gun lobby’s world, God gave people their rights to own guns because…….why not use religion to get people to arm themselves?  Let’s look at the above linked article from The Trace:

The bottom line for Wagner, and many gun-carrying Christians, is that it is in fact okay for Christians have guns, and to use them — so long as they do so for the right reasons. Guns should be not be used for vengeance, he says, but for love. “There is a time when the most loving thing you can do is restrain evil.”

“The Bible does say in Matthew 5:9, blessed are the peace makers,” Wagner adds, “and we actually call guys who carry weapons ‘peace officers’ — right? — because they are there to help enforce that which is going to suppress evil and protect the innocent.”

Such talk of blessed peacemaking from the barrel of a sidearm fits perfectly with today’s “good guy with a gun” fantasies. But it likely has another, older parent as well: the aggressively masculine “muscular Christianity” popularized through the late nineteenth and early twentieth centuries, whose shadow still lingers over much of the evangelical world.

Rationalizing and fictionalizing religious teachings as a reason for carrying guns is absurd and just fiction. We all know that firearms were nowhere in the picture when these teachings were put to print.

But never mind. The article starts with the the Mississippi legislature considering a bill to extend “Stand Your Ground” provisions to houses of worship. You never know when that “big bad wolf” will come walking in with a gun- like at the Mother Emanuel Church in Charleston last summer. And in the gun lobby’s fairy tale world, that “bad guy” with a gun could have been stopped if only those 9 people had been carrying in their church.

And last, but certainly not least, the NRA has a Board member who lives in some sort of twisted fairy tale world. The latest from Ted Nugent through Media Matters:

National Rifle Association board member Ted Nugent shared a sexist chain letter on social media, which claimed that “men prefer guns over women” because “guns function normally every day of the month.”

Nugent’s post is the latest example of a phenomenon where the NRA increasingly tries to attract women to the organization even as the organization’s leadership engages in sexist and degrading commentary.

Women, of course, are more likely to die in America in gun owning homes than in non gun owning homes.

In the real world,  the majority of gun deaths are due to suicide. In the fictional world of the gun lobby, that doesn’t appear to be a part of their tale.

In the real world 90 Americans a day die from gunshot injuries. Wouldn’t it be nice if the NRA would write a fairy tale about how to prevent some of those gun deaths instead of arming fairy tale figures with guns?

There are two worlds when it comes to guns. The majority of Americans live in the world of common sense and support reasonable laws and measures to keep guns away from those who could be dangerous with them. That is the real world. The minority live in the world of fear, paranoia, deception and fiction when it comes to guns. Many in our Congress and legislatures seem afraid of the wrong world. It’s time for them to step into the real world and not believe in fairy tales. Real lives depend on it.

 

 

Law suits and the gun lobby

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In 2005 Congress passed a law opposed by many, including the gun violence prevention organizations around the country. It was difficult for the general public and Congress to really grasp. But when the “guys with the guns make the rules” that is often the case. This law is the Protection of Lawful Commerce in Arms law, aka the Immunity Law ( Gun Industry Immunity). Here is what this law does:

In the years before passage of the act, victims of firearms violence in the United States had successfully sued manufacturers and dealers for negligence on the grounds that they should have foreseen that their products would be diverted to criminal use.[2] The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for negligence when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S. based manufacturer of consumer products (i.e. automobiles, appliances, power tools, etc.) are held responsible.

Here is more about the law:

While opponents of the measure said it singles out the gun industry for special protection, Mr. LaPierre said the protection is necessary because, unlike auto manufacturers or pharmaceutical companies, American firearms makers “don’t have deep pockets,” and the industry would be at risk simply from the cost of fighting the lawsuits.

But opponents called the bill shameful — “bought and paid for by the N.R.A.,” in the words of Senator Edward M. Kennedy, Democrat of Massachusetts. Representative Chris Van Hollen, Democrat of Maryland, whose constituents include victims of the 2002 sniper shootings in Washington and its suburbs, called the measure “a cruel hoax” on victims of gun violence.

“I went to a lot of memorial services during that period of time,” Mr. Van Hollen said. “I’ve met with family members. To tell them that their cases were frivolous is, I think, to add insult to injury.”

Eight of the sniper victims or their relatives won a $2.5 million legal settlement from the manufacturer of the gun used in the shootings and the dealer in Washington State who sold it. Mr. LaPierre said that suit would have been permitted under the law passed Thursday. But the lawyer who brought it, Dennis Henigan of the Brady Center to Prevent Gun Violence, disagreed.

Mr. Henigan said that while the dealer had violated federal law, the bill would have prevented the suit nonetheless because the violations did not pertain directly to the weapon used in the sniper shootings. He said he intended to challenge the bill on constitutional grounds, arguing that it deprives states of their right to legislate and deprives victims of their right to sue.

As our country is experiencing more, not fewer, gun deaths and injuries and as the mass shootings keep piling up, this Media Matters article wonders why we aren’t paying more attention to this gun lobby law. From the article:

The Protection of Lawful Commerce in Arms Act favors an industry that, at best, turns a blind eye to business practices that place profit over victims. As Forbes admits, the result is that “gun manufacturers have won double-barreled protection from Congress against the type of lawsuits that bedevil the makers of everything from toys to tractor-trailers.” Although legal experts like Andrew Cohen, posting in The Atlantic, are starting to highlight this unnecessary and unprecedented immunity for the gun industry, further attention would better inform current calls to hold gun companies accountable in court. As leaders of Congress state that “every idea should be on the table” in attempting to prevent another tragedy like the Newtown massacre, major news outlets should investigate why the gun industry remains shielded by law from the consequences of its irresponsible business practices in a way that other industries are not.

For example, the same type of gun used in the Newtown shooting was used by the 2002 Washington, D.C., snipers to shoot more than a dozen people. But if it had been in effect at the time, the Protection of Lawful Commerce in Arms Act would have blocked the lawsuit filed by the victims against the gun maker and dealer, and prevented the settlement they received. On this point, the questions of Denise Johnson, the widow of one of the snipers’ victims, are still relevant:

I’m confident that the criminal justice system will work to punish the people who killed my husband. But the civil justice system must also be allowed to work. Those who share responsibility for my husband’s death must also be held accountable.

[…]

I and families of other sniper victims have sued these gun sellers. I hope that by holding them accountable, we can cause others to behave more responsibly, and that future tragedies such as mine will be prevented. I understood when I filed the case that I was not guaranteed victory, but that’s OK. All I wanted was my day in court. But if [the Protection of Lawful Commerce in Arms Act] is enacted, the courthouse door will be slammed in my face.

No other industry enjoys the protections that the gun industry is seeking. Gun sellers and manufacturers shouldn’t be above the law. If any other product injured my husband and irresponsible sellers played a part, I would be able to bring a case in court. But because Conrad was shot with a gun, my lawsuit would not be allowed. Those who sell guns that are sought by criminals need to be more careful than sellers of other products, not less careful.

I call on Congress to protect my rights and the rights of other victims of gun violence. There’s nothing frivolous about how bad gun dealers behave. And there’s nothing frivolous about my case.

The gun industry does not need to be more protected than any other industry. If victims file law suits, the courts can sort it out like they do for other industries who are sometimes sued by victims who are harmed by a product. The tobacco industry was found to be liable for deleterious health effects caused by their products. The same with the auto industry. Why does Congress treat the gun industry differently?  The corporate gun lobby may complain that they don’t have deep pockets but that is really not the case. The gun industry seems to be thriving thanks in part to the protections it has received from our own elected leaders who are afraid to stand up for the victims. And also thanks to the fear and paranoia sold to some in America that fuels the sale of firearms. And in a sick twist, many of these firearm sales increase after high profile mass shootings.

At some level, our elected leaders must know and understand this information. Do they also know how much gun deaths and injuries cost Americans?  Our leaders need to know it all in order to make informed decisions. There has been controversy in the past week or so about one such leader who happens to be running for President- Senator Bernie Sanders.  Sanders voted in favor of the 2005 law that protects the gun industry and has been having problems because of it. He also voted against the Brady Bill.

The 2005 law has come to the forefront in a recent lawsuit filed by the parents of one of the Aurora theater shooting victims against an ammunition company.  From the article:

A federal judge ordered the parents of a Aurora, Colorado, theater shooting victim to pay court costs and attorney fees as a result of a lawsuit filed last year, and the defendants in the case say the family owes around a quarter of a million dollars. (…)

The lawsuit was part a larger effort by the Brady Campaign to Prevent Gun Violence to expose unscrupulous gun dealers that ignore obvious warning signs and sell to customers with malicious intentions.

The plaintiffs, Sandy and Lonnie Phillips, whose daughter, 24-year-old Jessica Ghawi, was killed in the shooting, filed suit in September, but a senior district judge dismissed the claims last month.

The judge cited the Protection of Lawful Commerce in Arms Act in the ruling, a law passed in 2005 to shield gun makers and retailers from liability for injuries caused by a third party with their products.

On-line purchases like this are way too easy and come with no background checks:

“We’re different than other cultures,” said Dudley Brown, executive director of Rocky Mountain Gun Owners, which advocates for firearms owners’ rights. “We do allow Americans to possess the accoutrements that our military generally has.”

Gun rights activists like Brown celebrate that freedom, but even some involved in the trade are troubled by how easily Holmes stocked up for his alleged rampage.

Chad Weinman runs TacticalGear.com, which caters to police officers looking to augment their equipment, members of the military who don’t want to wait on permission from the bureaucracy for new combat gear, and hobbyists like survivalists and paintballers. The site receives “thousands” of orders daily, sometimes from entire platoons that are about to deploy to war zones.

On July 2, Holmes placed a $306 order with the site for a combat vest, magazine holders and a knife, paying extra for expedited two-day shipping to his Aurora apartment. The order, Weinman said, didn’t stand out.

“There’s a whole range of consumers who have an appetite for these products, and 99.9 percent of them are law-abiding citizens,” Weinman said. But he said that “it makes me sick” that Holmes bought material from him. He added that he doesn’t sell guns or ammunition and that he was “shocked” at the amount of bullets that Holmes allegedly bought online.

Authorities say all of Holmes’ purchases were legal – and there is no official system to track whether people are stockpiling vast amounts of firepower.

This statement ( above) should concern us: “”There’s a whole range of consumers who have an appetite for these products, and 99.9 percent of them are law-abiding citizens,””. Law abiding or not, why is there an appetite for these products in the first place? Doesn’t that tell us something about our insane American gun culture? Who needs these kinds of products? And if you are law abiding and want them, a background check or further scrutiny should not be a bother to you. But…rights.

Sandy and Lonnie Phillips lost her daughter, Jessica, that night in a movie theater. Her right to live was taken from her in just seconds by a man who could buy hundreds of rounds of ammunition on-line because- rights:

That’s right. Not only does U.S. federal law protect gun makers and sellers from being held responsible for selling arms to nutcases, terrorists and murderers, but the state of Colorado requires plaintiffs to pay them court costs for having the nerve to sue them! (…) The other problem, which Sachs does not specifically mention is that our nation’s lax gun laws — along with laws protecting gun makers and sellers — allow no recourse to victims of the weapons industries and the NRA gun lobby.

Americans can buy anything they want on-line no matter who they are. Guns and ammunition should be treated differently than other products because they are the only product designed to kill people. Why can’t we get this right? High profile shootings often highlight our weak gun laws. The recent Charleston shooting has exposed a flaw in the FBI’s national instant check system:

That is something that should outrage all Americans, black or white, gun owner or non-owner. Polls show voters overwhelming support a background check system that prevents serious criminals and the dangerously mentally ill from owning firearms. Yet the NICS isn’t getting the job done — failing about 228,000 times per year based on the latest FBI numbers. And that’s not even counting the sales from private sellers to private buyers (including those conducted in conjunction with gun shows) that, while restricted in Maryland, are unrestricted in 33 states by last count. According to the Brady Campaign to Prevent Gun Violence, background checks only cover about 60 percent of gun sales. (…)

As troubling as the Confederate flag may be as a symbol of racism and oppression, a gun in the hands of a criminal or a dangerous psychotic poses a far more imminent danger. Fixing the background check — and closing the private sale loophole on a national basis — is no assault on Second Amendment rights. Rather, it would be a case of making existing law, one that’s been on the books for 22 years, function in the way that Congress intended. And qualified gun owners would have nothing to fear as they’d face no additional burden beyond a meaningful criminal background check while gaining the comfort that terrible armed rampages like the one that took place in South Carolina might be made less frequent.

Sometimes overlooked in discussions of this nation’s falling violent crime rate (and it’s fallen every year since 1994 on a per capita basis) is the role of Brady background checks that have denied guns to 2.4 million prospective buyers who were either convicted of felonies, were fugitives from the law or were determined to be dangerously mentally ill. Surely fixing the system will yield even better results, making it just a bit more difficult to walk into a church and kill six women and three men gathered for a Bible study. As important as taking down the Confederate flag may be on a symbolic level as a repudiation of the kind of white supremacy that Mr. Roof embraced, fixing the leaky background check system would save lives of all kinds and likely in large numbers.

Background checks on all gun sales can save lives.

We need to Finish the Job and require background checks on all gun sales. It’s the bullets and ammunition that actually kill.

Back to the gun lobby and lawsuits. Some lawsuits have worked in spite of the 2005 law. This Kansas lawsuit  puts gun sellers on notice that they need to make sure those who are buying their guns can pass a background check. From the article:

The owners of Baxter Gun and Pawn say they didn’t know Graham was a felon, and that they were convinced the grandmother was buying the gun as a gift for young Zeus. She filled out the form and passed the mandatory federal background check, as Graham waited.

“He paid cash for the gun, he carried out the gun, and he purchased the ammo,” Shirley says.

And just hours later, he used it to kill the boy, and himself.

“I lost my son,” Shirley says. “At the time, my only child. At the age of eight.”

She filed a negligence suit against the gun shop, and the Kanas Supreme Court eventually ruled that gun dealers must exercise the “highest standard of reasonable care” to keep weapons away from felons. That’s higher standard than had been in place.

She recently settled with the gun shop owners for $132,000.

“This case is hugely important,” says Jonathan Lowy with the Brady Center to Prevent Gun Violence.

He argues that gun control advocates face a veritable brick wall in Washington, where he says powerful gun rights lobbying groups consistently block gun control legislation. Civil litigation, he says, offers a chance to move the needle on restricting sales.

And more from the article: ” “Gun dealers can be held accountable when they irresponsibly supply a dangerous person. That is a powerful message,” he says.”

And what follows is a comment from a gun dealer about how this is not the norm and most gun dealers are responsible. It is only about 5% of gun dealers who are responsible for 90% of the crime guns. But that 5% comes with innocent victims losing their lives. There should be no tolerance for “bad apple” gun dealers. Clearly stopping these dealers from careless and dangerous business practices can save lives. It won’t bring the ones who were shot back and it won’t stop their families and friends from grieving for them, but if it will stop another family or more than one family from experiencing the devastation of gun violence, it is important and worth doing.

Lawsuits matter.

Reasonable people can agree that we need to keep people from being shot in any way we can. That being the case, our laws need to be stronger, not weaker. And our conversation about the role of guns and gun violence in our communities needs to involve a discussion about everything we can do to stop the senseless violence that is devastating our communities. Common sense tells us we must have that conversation.

The thing is, we shouldn’t have to beg for our leaders to pass laws that can save lives. We shouldn’t have to sue bad apple gun dealers to get them to do the right thing. We shouldn’t have to remind gun owners to keep their guns locked away, unloaded, from kids and teens so they can’t “accidentally” shoot someone or themselves. (According to the Gun Violence Archive, there have been 994 “accidental shootings since January of this year; 371 children killed/injured in the same time period; 1269 teens (12-17) killed or injured since January.) Something has to change.

We are better than this.

Other countries have managed to get it right. We can too if we have the will and if our leaders do what they know is right in the face of a well funded and fierce corporate gun lobby.