The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.
–Robert F. Kennedy, April 4, 1968
Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.
What should the surviving victims of the Santa Barbara rampage do to seek redress?
And how can the relatives and friends of those who didn’t survive seek justice for those they loved?
Three things:
First, don’t count on politicians to support a ban on assault weapons.
Politicians–with rare exceptions–have only two goals:
- Get elected to office, and
- Stay in office.
And too many of them fear the economic and voting clout of the National Rifle Association to risk its wrath.
Second, don’t expect the mental health profession to prevent such future tragedies.
There is simply no definitive way to predict who is likely to commit mass murder.
And even if such a method were developed, it would likely be ruled unconstitutional. A person can’t be jailed or hospitalized for fear of what he might do.
Third, those who survived the Santa Barbara rampage–and the relatives and friends of those who didn’t–should file wrongful death, class-action lawsuits against the NRA.
There is sound, legal precedent for this.
For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
- The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
- Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
- Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
- From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
- In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
- Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
- The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
- In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
- The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.
The parallels with the NRA are obvious:
- For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people. People kill people.” With guns.
- The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.
- The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
- The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
- The NRA has spent millions on political contributions to block gun-control legislation.
- The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
- The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
- The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
- Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Santa Barbara–with casualties, and have thus badly strained the states’ public healthcare systems.
It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.
The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.
As with the cases first brought against tobacco companies, there will be losses. And the NRA will rejoice with each one.
But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.
And then the NRA–like the tobacco industry–will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.
Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of such needless tragedies as the one in Santa Barbara, California.


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WHAT AMERICA OWES THE NRA: PART ONE (OF TWO)
In Business, History, Law, Law Enforcement, Military, Politics, Social commentary on May 27, 2014 at 12:02 amOn September 11, 2001, Islamic terrorists snuffed out the lives of 3,000 Americans in New York, Washington, D.C. and Pennsylvania.
World Trade Center – September 11, 2001
But within less than a month, American warplanes began carpet-bombing Afghanistan, whose rogue Islamic “government” refused to surrender Osama bin Laden, the mastermind of the attacks.
By December, the power of the Taliban was broken–and bin Laden was driven into hiding in Pakistan.
For more than ten years, the United States–through its global military and espionage networks–has relentlessly hunted down most of those responsible for that September carnage.
On May 1, 2011, U.S. Navy SEALS invaded bin Laden’s fortified mansion in Abbottabad, Pakistan–and shot him dead.
U.S. Navy SEALs
Now, consider these statistics of death, supplied by the Brady Campaign to Prevent Gun Violence:
In short, in one year on average:
(These statistics are based on death certificates and estimates from emergency room admissions.)
And who, more than anyone (including the actual killers themselves) has made all this carnage possible?
The National Rifle Association (NRA), of course.
But unlike the leadership of Al Qaeda, that of the NRA is not simply known, but celebrated.
Its director, Wayne LaPierre, is courted as a rock star by both Democrats and Republicans seeking NRA political endorsements–and campaign contributions.
Wayne LaPierre
He frequently appears as an honored guest at testimonial dinners and political conventions.
The largest of the 13 national pro-gun groups, the NRA has nearly 4 million members, who focus most of their time lobbying Congress for unlimited “gun rights.”
The NRA claims that its mission is to “protect” the Second Amendment to the United States Constitution, which states:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
NRA members conveniently ignore the first half of that sentence: “A well regulated Militia, being necessary to the security of a free State….”
For the NRA, the Second Amendment is the Constitution, and the rest of the document is a mere appendage.
At the time Congress ratified the Constitution in 1788, the United States was not a world power.
A mere 26 years later, the British seized and burned Washington, D.C., after repeatedly defeating American armies. On the frontier, settlers had to defend themselves against hostile Indians and marauding bandits.
Only after World War II did the country maintain a powerful standing army during peacetime.
But World War II ended 69 years ago, and today the United States is a far different country than it was in 1788:
But apparently the NRA hasn’t gotten the word.
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