Terrorism, the NRA “Solution,” and Safety at Home

December 8, 2015

For some people, the best solution to every problem is to shoot at it, and presidents aren’t leaders unless they’re yelling “charge” into battle. I want to bite off a domestic piece of that nonsense. In the wake of every terrorist tragedy, senators, sheriffs, NRA officers and supporters propose more guns, carry your guns, be ready to defend yourself, ourselves, wherever and whenever occasion arises.[1]

We have some 15,000 murders a year in the U.S., 40,000 suicides, mostly by firearms, and under 30 deaths a year from terrorism. CNN checked Obama’s comparison of deaths by firearms and by terrorism in the U.S. From 2001 to 2013, they found that people killed by terrorists in the U.S. were less than 1/1000th the number killed by firearms.[2] Firearms deaths dwarfed terrorism deaths even in 2001. Whether it’s a good tradeoff depends on what gets worse.

Note though, if we’re all armed, we’ll need to do things differently. Once we assume everyone is armed, when someone demands something, whatever it is – turn off the radio, get out of my way – are we toast if we don’t comply? Do guns become the tool of bullies? Isn’t that some of what police shootings of unarmed people reveal? Police say they were scared because someone with his back turned may have had something in his hands. Do we all get to be that scared, pulling the trigger at anyone whose safety we can’t determine? We’ll have to be suspicious. Who’s hot tempered? Who’s too scared to trust? Who’s a criminal, terrorist, gang member or bully?

America was built on trust and teamwork. Break that down and sap our strength. We might stop some terrorists but America’s strength will dissipate in squabbles and fear – like those that poison and stultify much of the Third World.

Arming ourselves will partially thwart some similarly-armed terrorists but guns can  be replaced by explosives which do their damage before anyone knows what’s happening.

A couple of decades ago a disappointed former student attacked our library – but thank heavens he attacked a glass door with an axe rather than attacking people with a gun. No school can avoid flunking some students out and no employer can avoid firing some employees. One such employee got a gun and murdered one of my clients some years ago. But the police are taught that it’s too late to react once someone starts to pull a gun. My client, armed or not, never had a chance. So now what?

There are alternatives. I’m a civil libertarian but I have no problem with cameras. Security staffs at many places have monitors showing them many parts of the building. I’m a lot happier with observe-and-respond than having a bunch of trigger-happy gun toters wandering around wondering if I or anyone else should be shot. Similarly, with the repeated police shootings of unarmed men, I’d be a lot more comfortable if they left their guns at the station for access only as needed. I’d also be much more comfortable with police departments and the FBI if they stopped bribing unreliable informants to trap people in stings, send innocent people to prison, and corrupt the Bureau in the process. Have a tool, use a tool. These are dangerous tools for routine use.

America would be much safer if we found ways to build on our principles, instead of abandoning them in the chimerical belief that we could protect ourselves better with guns.

— This commentary was broadcast on WAMC Northeast Report, December 8, 2015.

[1] See http://newyork.cbslocal.com/2015/12/03/ulster-county-sheriff-carry-guns/; http://www.nydailynews.com/news/politics/marco-rubio-slams-bill-guns-terrorists-felons-article-1.2455280; http://www.darkcanyon.net/Terrorism%20A%20Good%20Defense%20Is%20A%20Good%20Carry.htm.

[2] See https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/violent-crime/murder; http://www.save.org/index.cfm?fuseaction=home.viewPage&page_id=705D5DF4-055B-F1EC-3F66462866FCB4E6; http://www.cnn.com/2015/10/02/us/oregon-shooting-terrorism-gun-violence/ .

Shootings, Guns and the SAFE Act

October 6, 2015

The shooting at a community college in Oregon saddens me and leads me to these observations about guns.

One of my students has convinced me that the guns used in most of the recent mass shootings do not fit the description of assault or military style weapons. And they don’t fit the categories banned or regulated by the so-called New York Safe Act. In fact some of the damage was done by pistols, by handguns. So I have reluctantly come to the conclusion that the New York statute is a piece of high profile posturing, sound and fury signifying nothing. Who knew? Perhaps the problem is a bunch of people writing legislation about something they know little about. I won’t speculate.

Certainly there are weapons that no people ought to have their hands on unless they are in the military – not even police need bombs.

But more than that, gun ownership should be licensed. All of us have licenses. I have a driver’s license and a law license. It’s a reasonable protection for all of us. If I can’t see well enough I won’t be able to get behind the wheel. That’s a good thing – regardless of how I might feel about it when and if that happens to me. And when I was a practicing attorney, people who came to me could expect that I could help them. That too is a good thing – although lawyers, professors and students have all sorts of quibbles about what is actually on the bar exam. Plus the bar examiners want to know if we have good character, and they collect affidavits from everyone we have ever worked for, to make sure.

Licensing makes sense, to make sure that people with guns have no record of crime or insanity as well as the knowledge to handle and store guns carefully. Licensing will not stop everyone from getting guns who shouldn’t have them. I lost a client years ago, the dedicated leader of a community organization, to a disgruntled job-seeker. But licensing would help. And tracing technology would deter some shooters. Nothing in the decisions of the Supreme Court denies the ability of states and cities to do record checks, licensing or require identifying technology.

The resistance of the NRA to licensing and tracing methodology is so irrational and so perplexing that it makes one wonder about their loyalty as well as their good sense. Indeed I think the NRA has been catering to the extremists in its membership, and some reflect the same animus. An NRA president recently referred to “The War of Northern Aggression”, his description of the secession of the Confederate States and South Carolina firing on Fort Sumter, the federal fort protecting the Charleston harbor. Some gun toting members of private militia style organizations clearly are aiming their rhetoric at public servants, at government, and at the people they call “Fourteenth Amendment citizens.” That’s right, they object to the fact that our Black brothers and sisters are free, equal, citizens who can and do vote. In other words they are still fighting the Civil War.

Hate groups are proliferating in this country. They are the most determined gun owners. All it takes is one of their number splitting off and firing into a crowd. Timothy McVeigh, who bombed the federal building in Oklahoma City was nursed in those groups.

Do you really want to put gun policy in their hands? Or, for that matter, people who posture about gun control without taking the time to study the problem?

— This commentary was broadcast on WAMC Northeast Report, October 6, 2015.


Do the police really have no time to do anything but shoot?

August 4, 2015

Perhaps you read the NY Times story over the weekend about the self-described expert in police killings, William Lewinski, who justifies every police killing on the ground that the policeman had no time to protect himself, no time to do anything but shoot. Victim’s back turned, no time. Hand in pocket, no time. Victim doing what the officer told him to do, no time. All the evidence contradicts the statement of the officer, no time.

On Lewinski’s logic, we should all not only carry weapons, we should shoot everyone on sight, because we have no time to react, so we should all practice  preemptive killing – dead men can’t shoot us. What we should really do is move to Iraq or Syria because that’s a matter of course there. Shoot, shoot, shoot.

And understanding that the police are taught by nut-jobs like Lewinski to shoot pro-actively, what we should really do is go out like armed vigilantes and attack the police systematically, kill ‘em all so they can no longer attack us. And in case you hadn’t noticed there have been groups that have targeted the police and for just that reason.

Lewinski’s approach is good only for the undertakers. I don’t know what the undertakers give him but they should chip in a lot because they will certainly benefit from a shoot on sight society.

Of course if you or I actually took that advice, we’d be charged with murder. But the rules don’t apply to the police. We can’t shoot unarmed people but police can – and get away with it. We can’t shoot people in the back but police can – and get away with it. We can’t tell a bunch of lies about what happened that are contradicted by the provable facts and get away with it but police can – and get away with it. Thanks to Lewinski.

Think what Lewinski and others of his ilk would have to tell the police if, like most of us, they weren’t armed. They’d have to tell the police to use their heads, not their guns. They’d have to tell the police to cool tempers instead of raising them. They’d have to tell the police that the best response to a disagreement isn’t a hole in the head. They’d have to tell the police that a traffic stop isn’t ground for ending someone’s life.

What a different world it would be if we learned to live together, if we learned that there is a difference between civilization and a jungle, if we learned that the default rule is respect for human beings, respect for life, liberty and the pursuit of happiness as the Declaration of Independence tried to tell the world. What a different world it would be if police in America acted like our servants, not our rulers, that they don’t have a God-given right to issue commands but that like most of us, the magic word is “please.”

It’s time to imitate the British and take the guns out of the hands of the cops and leave to special rules those more unusual occasions when guns should be issued for specific jobs and reasons. The ordinary rule must be to use our heads instead of blowing away everyone in sight, leaving only death and destruction in the wake of the police.

— This commentary was broadcast on WAMC Northeast Report, August 4, 2015.

What’s up with gun rights

May 14, 2013

What’s the NRA’s big attachment to assault weapons? Why do we have to suffer the weapons of mass murder?

One NRA member from Texas told an NPR reporter, “As far as I’m concerned, if you can afford to buy a tank, you should be able to buy a tank.” He explained: “the Second Amendment was put in not to hunt, not to go plink at cans, not to shoot at targets. If and when tyranny tries to take over our country, we can fight it.” NRA President Porter, too, wants people to be “ready to fight tyranny.” Porter, told an audience last June, when he was NRA vice-president, that “We got the pads put on, we got our helmets strapped on, we’re cinched up, we’re ready to fight, we’re out there fighting every day.” Read the rest of this entry »

We Will Not Comply

March 5, 2013

Did you hear the demonstrators against New York’s new gun law chanting in unison “We will not comply!”

That’s the problem. Guns allow some of their owners to think that they can define right and wrong and everybody else has to comply. In the hands of some of their owners, guns puff up their sense of self-importance, their sense that laws are written for everybody else but that they are above the law. Read the rest of this entry »

Guns, Militias and Public Safety

February 12, 2013

I’d like to address the debate over guns from an angle very different than the general conversation. Most of the conversation is about whether guns increase or decrease the risk of homicide or suicide. I’m pretty well convinced that the most likely victims of guns in the house are the people in the household, just as most car accidents happen within a short distance from home. But that’s not what I want to talk about. I see another problem that I think is quite significant.

The Southern Poverty Law Center has developed a great deal of expertise and information about the existence of hate groups around the country. It has identified thirty-seven different hate groups operating around New York State, forty-seven in New Jersey, thirty-four in Pennsylvania, ten in Massachusetts, five in Connecticut, four in New Hampshire and one in Vermont. These groups spew their venom at virtually every racial group, many religious groups, and gays. They comprise a litany of despicable groups from the KKK, neo-Nazi and white supremacist groups to anti-Muslim, anti-white and Holocaust deniers. Some of them just write, speak and blog, but some have been involved in criminal violence. Read the rest of this entry »

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