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Posts Tagged ‘GUN CONTROL’

STOPPING THE GUN MASSACRES

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on May 26, 2022 at 12:13 am

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 gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Two things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the NRA to risk its wrath.

Consider Republican Presidential candidate Mitt Romney and President Barack Obama.

Both rushed to offer condolences to the surviving victims of the massacre at the Century 16 Theater in Aurora, Colorado, on July 20, 2012.

And both steadfastly refused to even discuss gun control—let alone support a ban on the type of assault weapons used by James Holmes, leaving 12 dead and 58 wounded.

Second, those who survived the massacre—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 spent millions on political contributions to block gun-control legislation.

  • 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 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 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 these  needless tragedies.

WHAT SCARES THE NRA: RIDICULE: PART TWO (END)

In Bureaucracy, History, Humor, Law, Law Enforcement, Politics, Social commentary on April 23, 2021 at 12:15 am

In March, 2013, the National Rifle Association (NRA) and its Right-wing allies declared war on comedian Jim Carrey.

The reason: His music parody video: “Cold Dead Hand,” which mocked gun fanatics and the late Charlton Heston, former president of the NRA.

Among its lyrics:

Charlton Heston movies are no longer in demand
And his immortal soul may lay forever in the sand.
The angels wouldn’t take him up to heaven like he’d planned.
’Cause they couldn’t pry that gun from his cold, dead hand.

The phrase, “cold dead hand,” originated with Heston himself.

Charlton Heston in his prime

On May 20, 2000, the actor and then-president of the NRA addressed the organization at its 129th convention in Charlotte, North Carolina.

He warned that then-Vice President and Democratic Presidential candidade Al Gore “is going to smear you as the enemy,” and concluded:

“So, as we set out this year to defeat the divisive forces that would take freedom away, I want to say those fighting words for everyone within the sound of my voice to hear and to heed, and especially for you, Mr. Gore: ‘From my cold, dead hands!’”

Carrey’s stance on gun control couldn’t have been more opposite.

In in February, 2013, he outraged Right-wingers by tweeting: “Any1 who would run out to buy an assault rifle after the Newton massacre has very little left in their body or soul worth protecting.”

 Jim Carrey

Fox Nation referred to the tweet as “nasty.”  

Red Alert Politics writer Erin Brown dismissed it as “a careless remark …rooted in the shallow, parroted talking points so commonly espoused by liberal elites.”

But that was nothing compared to the rage that has greeted “Cold Dead Hand.” Reason TV’s Remy offered a parody rebuttal to Carrey’s song. Its lyrics included:

It takes a talking ass
to oppose a vaccination
when your PhD is in
making funny faces.

None of which bothered Carrey. In fact, he exulted in Right-wing outrage, tweeting: “Cold Dead Hand’ is abt u heartless motherf%ckers unwilling 2 bend 4 the safety of our kids. Sorry if you’re offended…”

Among its lyrics:

It takes a cold, dead hand to decide to pull the trigger.
Takes a cold, dead heart and as near as I can figger.
With your cold, dead aim you’re tryin’ to prove your dick is bigger …..

Many psychologists have long theorized that a fascination with firearms can compensate for inadequate sexual performance.

But it’s one thing for an unknown psychologist to write this in an obscure medical journal—and another for a famous comedian to splash it across the Internet.

Carrey’s video was especially ruthless in attacking those who—like the NRA—make a lucrative living off gun sales:

Imagine if the Lord were here…
And on the ones
Who sell the guns
He’d sic the vultures and coyotes
Only the devil’s true devotees
Could profiteer
From pain and fear.

Many Rightists attacked Carrey for parodying a man—Heston—who died in 2008 and could not defend himself. But Heston had appeared several times on “Saturday Night Live” to spoof his granite-hard image.

In his video, Carrey dares to attack not simply the masculinity of the Rightist NRA crowd, but even its courage:

You don’t want to get caught
With your trousers down
When the psycho killer
Comes around
So you make your home
Like a Thunderdome
And you’re always packin’
Everywhere you roam.

Perhaps that’s what most outraged the Right—the accusation that its members live in fear and do their best to generate needless fear in others. 

Fear that can supposedly be abated by turning America into a society where everyone packs a weapon and every moment holds a potential High Noon.

On March 29, 2013, responded to his critics with this statement:

“Since I released my “Cold Dead Hand” video on Funny or Die this week, I have watched Fux News rant, rave, bare its fangs and viciously slander me because of my stand against large magazines and assault rifles.

“I would take them to task legally if I felt they were worth my time or that anyone with a brain in their head could actually fall for such irresponsible buffoonery. That would gain them far too much attention which is all they really care about.”

The NRA has spent decades bribing and intimidating its way through Congress. Those members who subscribe to its “guns for everyone” agenda get legalized bribes (i.e., “campaign contributions”).

Those who refuse to do so face the threat—if not the reality—of being ousted. 

Bullies are conspicuously vulnerable to ridicule. And they fear it even more than serious criticisms.

To become an object of ridicule means no one fears you. And the NRA thrives on fear–that of its own members (“They’re coming for our guns!” and it can generate in its opponents (“We won’t be re-elected!”).

The NRA’s only “defense” is to smash anyone who dares to mock its folly, brutality or pretense to omnipotence.  

Or, as Ernest Hemingway once put it: “Fascism is a lie told by bullies.”

WHAT SCARES THE NRA: RIDICULE: PART ONE (OF TWO)

In History, Humor, Law, Law Enforcement, Politics, Social commentary on April 22, 2021 at 12:17 am

As of April 16, there have been 147 mass shootings in the United States since the start of 2021. 

According to the Gun Violence Archive, a mass shooting is one when four or more people have been shot or killed, not including the shooter.  More than one mass shooting a day has occurred in 2021. 

In 2020, there were 610 mass shootings in the country. Nearly 20,000 Americans died from gun violence that year, more than any year in the previous 20.  

In 2019, there were 417 mass shootings, up from 337 in 2018. 

Meanwhile, the National Rifle Association (NRA) and its Republican shills in the House and Senate remain as intractable as ever on any aspect of gun control.

“We have a lot of drunk drivers in America that kill a lot of people,” said Sen. John Kennedy (R-LA). “We ought to combat that too. But I think that many folks on my side of the aisle are saying is the answer is not to get rid of all sober drivers. The answer is to concentrate on the problem.”

Mass shootings in the United States: January to April 16, 2021

The average American may fear being the victim in a random mass shooting. But what frightens the NRA—besides proposed gun control legislation—is mockery.

Consider the Right’s reaction to actor Jim Carrey’s March, 2013 “Cold Dead Hand”  music video.

In this, Carrey—–a strong advocate of gun control—mocked the NRA and its right-wing allies.

These included rural America and (for the video’s purposes) the late actor Charlton Heston, who served as the NRA’s five-term president (1998-2003).

Jim Carrey's “Cold Dead Hand” video got everyone's attention | The Comic's Comic

Jim Carrey as Charlton Heston

The video featured Carrey and alt-rock band Eels as “Lonesome Earl And The Clutterbusters,” a country band on a TV set modeled after the 1960s variety show, “Hee Haw.” Carrey also portrayed Heston as a dim-witted, teeth-clenching champion of the NRA.

“I find the gun problem frustrating,” Carrey said in a press release, “and ‘Cold Dead Hand’ is my fun little way of expressing that frustration.”

Carrey’s frustration triggered NRA outrage.

Fox News personality Greg Gutfeld ranted: “He is probably the most pathetic tool on the face of the earth and I hope his career is dead and I hope he ends up sleeping in a car.

“This video made me want to go out and buy a gun. He thinks this is biting satire going after rural America and a dead man… He’s a dirty, stinking coward… He’s such a pathetic, sad, little freak. He’s a gibbering mess. He’s a modern bigot.”

Columnist Larry Elder spared no venom in attacking Carrey: “Let’s be charitable—call Carrey ignorant, not stupid.”

Much of his March 29, 2013 column centered on defending Heston, who died at 84 in 2008.

A lyric in Carrey’s song says “Charlton Heston’s movies are no longer in demand.” This prompted Elder to defend the continuing popularity of Heston’s 1956 movie, “The Ten Commandments,” where he played Moses.

Elder felt compelled to defend Heston’s off-screen persona as well, citing his 64-year marriage to his college sweetheart, Lydia.

On the other hand, writes Elder, Carrey, “followed the well-worn Hollywood path: Get famous; get rich; dump the first wife/mother of your kid(s), who stood by you during the tough times; and act out your social life in the tabs to the embarrassment of your kid(s).”

Clearly, Carrey’s video struck a nerve with Right-wing gun fanatics. But why?

Start with Gutfield’s accusation that Carry was “going after rural America.”

Rural America—home of the most superstitious, ignorant and knee-jerk Fascistic elements in American society—boastfully refers to itself as “The Heartland.”

In short: a prime NRA and Rightist constituency.

It was rural America to which Senator Barack Obama referred—accurately—during his 2008 Presidential campaign:

“They get bitter, they cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.”

Second, there’s Elder’s outrage that Carrey should dare to say that Heston’s movies “are no longer in demand.”

Among these movies: “Major Dundee,” “El Cid,” “Khartoum,” “The War Lord.” And even the hammiest film for which he is best-known: “The Ten Commandments.”

Heston was a widely respected actor who won the Academy Award for Best Actor in 1959 for “Ben Hur” and served as the president of the Screen Actors Guild from 1965 to 1971.

But it was not Heston’s film career that Carrey focused on—but his role as president of the NRA.

Related image

Charlton Heston at the NRA convention

Ironically, Heston had identified himself with liberal causes long before he became the face and voice of the gun lobby.

In 1961, he campaigned for Senator John F. Kennedy for President.  In 1963, he took part in Martin Luther King’s March on Washington.

In 1968, after the assassination of Senator Robert F. Kennedy, he joined actors Kirk Douglas, James Stewart and Gregory Peck in issuing a statement supporting President Lyndon Johnson’s Gun Control Act of 1968.

But over the coming decades, Heston became increasingly conservative: 

  • Reportedly voting for Richard Nixon in 1972;
  • Supporting gun rights; and
  • Campaigning for Republican Presidential candidates Ronald Reagan, George H.W. Bush and George W. Bush. 

When asked why he changed political alliances, Heston replied: “I didn’t change. The Democratic party changed.”

WANT TO STOP GUN MASSACRES? HERE’S HOW

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on March 24, 2021 at 12:12 am

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 gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Two things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

This is especially true for Republican members of Congress. They have opposed background checks on gun buyers—while allowing criminals and terrorists to own firearms. They champion the sale of assault weapons—which were designed for use by the military, not civilians.

🔥 25+ Best Memes About Occupy Democrats | Occupy Democrats Memes

They speak directly to those masses of disaffected Americans for whom the Second Amendment is the Constitution. And they know they can count on those voters to give them lifetime tenure in Congress.

Second, those who survived the massacre—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 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 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 these needless tragedies.

THE NRA: FACING JUDGMENT FOR THE LEAST OF ITS CRIMES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 18, 2020 at 1:20 am

On August 6, New York Attorney General Letitia James gave the National Rifle Association (NRA) an unprecedented broadside. 

“The NRA’s influence has been so powerful that the organization went unchecked for decades while top executives funneled millions into their own pockets,” James outlined in a news release.

And she assailed the organization’s leadership for creating “a culture of self-dealing mismanagement” benefiting themselves, family, friends and favored vendors.

As a result, the NRA had lost more than $63 million in three years.

James’ office filed the suit on August 6 in New York Supreme Court. In it, she accuses the following NRA leaders of corruption and misuse of funds:

  • CEO and Executive Vice President Wayne LaPierre;
  • General Counsel and Secretary John Frazer;
  • Former Chief Financial Officer Wilson “Woody” Phillips; and
  • Former Chief of Staff and Executive Director of General Operations Josh Powell. 

Wayne LaPierre

The lawsuit accuses these officials of:

  • Violating multiple laws including false reporting of annual filings with the IRS and New York’s charities bureau
  • Improperly documenting expenses, improper wage and income tax reporting and
  • Excessively paying people for work for which they were not qualified.

The NRA is headquartered in the Northern Virginia suburbs outside Washington, D.C. But it has operated as a New York-registered 501(c)(4) non-profit group since 1871. 

As a charitable organization, the NRA faces strict state and federal rules governing spending. The alleged violation of many of those rules gives James’ office legal jurisdiction for bringing the lawsuit.

The NRA has long been one of the nation’s most powerful special interest groups. It has dominated Republican politics for decades. With a reported five million members across the country, it claims as its mission the defense of the Second Amendment right to bear arms.

The NRA claims that its mission stems from 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 about “a well regulated Militia….”  They simply want everyone to own a gun—and contribute to the NRA.

The charges now facing the NRA are not the ones for which it truly deserves indictment.

For decades, the NRA has been the death-dealer of choice to criminals and terrorists. In its wake lie the bullet-torn, bloodstained bodies of countless Americans from coast to coast.

According to the non-profit organization, Brady: United Against Gun Violence: 

Every year, 114,328 people are shot. Among those:

  • 37,603 people die from gun violence
  • 13,380 are murdered 
  • 76,725 people survive gunshot injuries 
  • 34,566 are intentionally shot by someone else 
  • 22,926 died from gun suicide 
  • 3,554 survive an attempted gun suicide 
  • 478 are killed unintentionally 
  • 510 are killed by legal intervention 
  • 1,376 are shot by legal intervention
  •  310 die but the intent was unknown 
  • 4,471 are shot but the intent is unknown 
  • 529 women are killed by their husband or male dating partner

Gun Violence is estimated to cost the American economy at least $229 billion every year.

Among the NRA’s “contributions” to this carnage:

  • 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.
  • It championed the marketing of Teflon-coated “cop killer” bullets capable of piercing the bulletproof vests worn by police officers and targets of assassination.
  • The NRA opposes  removing firearms from violent individuals under active restraining orders for domestic abuse.

  • 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 rammed through a Republican-dominated Congress the Protection of Lawful Commerce in Arms Act, (PLCAA). It was signed into law by President George W. Bush in 2005. This has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence. 

  • 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.”
  • In 2012, the NRA rushed to defend accused murderer George Zimmerman, the self-appointed “community watchman” who  ignored police orders to stop following 17-year-old Trayvon Martin and ultimately shot him. 
  • 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.

  • Anyone–including convicted criminals—can buy the NRA’s “hide-a-gun” sweatshirts, putting both the public and law enforcers at deadly risk.
  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems. 

The NRA’s leaders—past and present—will never be criminally indicted for the carnage their greed and irresponsibility have unleashed.

But the effort by New York Attorney General Letitia James to dissolve the NRA is at least a welcome step in the right direction.

READY TO END GUN MASSACRES? HERE’S HOW.

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 6, 2019 at 12:05 am

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 gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Two things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the NRA to risk its wrath.

Consider Mitt Romney and President Barack Obama.

Both rushed to offer condolences to the surviving victims of the massacre at the Century 16 Theater in Aurora, Colorado, on July 20, 2012.

And both steadfastly refused to even discuss gun control—let alone support a ban on the type of assault weapons used by James Holmes, leaving 12 dead and 58 wounded.

Second, those who survived the massacre–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 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 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 these  needless tragedies.

NRA: FEEL FREE TO INSULT DEAD GUN VICTIMS

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 9, 2019 at 12:11 am

“You know the great thing about the state of Iowa is, I’m pretty sure you all define gun control the same way we do in Texas—hitting what you aim at.

“My wife, Heidi, who is a petite, 5’2 California blonde, she was standing at the tripod unloading the full machine gun with a pink baseball cap that said ‘Frmed and Fabulous.’”

Yes, it was United States Senator Rafael “Ted” Cruz (R-Texas) on the prowl for laughs–-and votes—at a town hall meeting in Iowa.

Normally, Cruz would do his vote-hunting in Texas. But now Cruz had a bigger prize on his mind than simply being re-elected a United States Senator. Cruz wanted to be President in 2016.

U.S. Senator Rafael Cruz

And Iowa held its precinct causes on February 1-2, 2016.

Cruz’ jokes about gun control came on June 19, 2015, only two days after Dylann Roof, a white high school dropout, gunned down three unarmed black men and six black women at Emanuel African Methodist Episcopal Church in Charleston, South Carolina. 

Dylann Roof

Following his remarks, Cruz headed to a shooting range, where he fired off rounds on a semiautomatic .223-caliber Smith and Wesson M&P 15.

Cruz’ remarks no doubt appeared insensitive to those who now mourned for the latest victims of gun violence. But Charles L. Cotton took insulting the dead to a whole new level. 

Cotton is a National Rifle Association (NRA) board member who also runs TexasCHLForum.com, an online discussion forum about guns and gun owners’ rights in Texas and beyond.

In a discussion thread on June 18, 2015—one day after the church slaughter—a board member noted that Clementa C. Pinckney, one of the nine people slain, was a pastor and a state legislator in South Carolina.

Cotton responded: “And he voted against concealed-carry. Eight of his church members who might be alive if he had expressly allowed members to carry handguns in church are dead. Innocent people died because of his position on a political issue.”

#NRA boardmember Charles L. Cotton: #Charleston tragedy could've been avoided if guns allowed in Churches.

That discussion thread has since been deleted.

During a subsequent phone interview, Cotton emphasized that he had been speaking as a private citizen—and not as an NRA board member:

“It was a discussion we were having about so called gun-free zones. It’s my opinion that there should not be any gun-free zones in schools or churches or anywhere else. If we look at mass shootings that occur, most happen in gun-free zones.”

If private citizens were allowed to carry guns everywhere, Cotton says, there will be fewer mass shootings because “if armed citizens are in there, they have a chance to defend themselves and other citizens.”

Cotton’s position—“there should not be any gun-free zones”—is exactly that of the NRA itself.

Under such circumstances, America will become a nation where anyplace, anytime, can be turned into the O.K. Corral.

Another point that Cotton didn’t mention: Dylann Roof did believe in concealed-carry–and it cost the lives of nine innocent men and women.

Finally, there is this: Even highly-trained shooters—such as those assigned to the United States Secret Service–don’t always respond as expected.

On May 15, 1972, Alabama Governor George Wallace was campaigning for President in Laurel, Maryland. He gave a speech behind a bulletproof podium at the Laurel Shopping Center. Then he moved from it to mingle with the crowd.

Since the 1968 assassination of Senator Robert F. Kennedy, all those campaigning for President have been assigned Secret Service bodyguards. And Wallace was surrounded by them as he shook hands with his eager supporters.

Suddenly, Arthur Bremer, a fame-seeking failure in life and romance, pushed his way forward, aimed a .38 revolver at Wallace’s abdomen and opened fire. Before he could be subdued, he hit Wallace four times, leaving him paralyzed for the rest of his life. 

Arthur Bremer shoots George Wallace

Nor was he Bremer’s only victim. Three other people present were wounded unintentionally: 

  • Alabama State Trooper Captain E. C. Dothard, Wallace’s personal bodyguard, who was shot in the stomach;
  • Dora Thompson, a campaign volunteer, who was shot in the leg; and 
  • Nick Zarvos, a Secret Service agent, who was shot in the neck, severely impairing his speech.

None of Wallace’s bodyguards got off a shot at Bremer—before or after he pulled the trigger.

On October 6, 1981, Egyptian President Anwar Sadat was reviewing a military parade in Cairo when a truck apparently broke down directly across from where he was seated. 

Anwar Sadat, moments before his assassination

Suddenly, soldiers bolted from the rear of the vehicle, throwing hand grenades and firing assault rifles.  They rushed straight at Sadat—who died instantly under a hail of bullets.

Meanwhile, Sadat’s bodyguards—who had been trained by the CIA—panicked and fled.

Sadat had been assassinated by army officers who believed he had betrayed Islam by making peace with Israel in 1977.

The ultimate test of the NRA’s mantra that “there should not be any gun-free zones…anywhere” will come only when one or more heavily-armed gunmen target an NRA convention.

It will then be interesting to see if the surviving NRA members are as quick to blame themselves for being victims as they are to blame the victims of other mass gun-slaughters.

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 27, 2019 at 12:13 am

“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 gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

As far back as 2012, this writer posed those questions. And offered the following solution.

But only now has a court—the Connecticut Supreme Court—made this remedy possible.

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Consider Republican Presidential Nominee Mitt Romney and then-President Barack Obama.

Both rushed to offer condolences to the surviving victims of the massacre at the Century 16 Theater in Aurora, Colorado, on July 20, 2012.

And both steadfastly refused to even discuss gun control—let alone support a ban on the type of assault weapons used by James Holmes, leaving 12 dead and 58 wounded.

Second, those who survived the massacre—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 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 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 these needless tragedies.

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Military, Politics, Social commentary on March 26, 2019 at 12:11 am

Weapons manufacturers are the only companies in the United States that cannot be sued for the deaths and injuries their products cause.

This is because The Protection of Lawful Commerce in Arms Act, or PLCAA, immunizes the American firearms industry against lawsuits by victims of mass shootings and gun violence.

Rammed through a Republican-dominated Congress in 2005 by the National Rifle Association (NRA), it was signed into law by President George W. Bush. 

But on March 15, 2019, the Supreme Court of Connecticut ruled that families of schoolchildren gunned down in the 2012 Sandy Hook Elementary School massacre could sue Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons to civilians.

The Court ruled that the victims’ families had the right to sue Remington under the Connecticut Unfair Trade Practices Act (CUTPA).

Among the ads that Remington ran to promote its military-style AR-15 Bushmaster rifle: 

  • “Truly the most versatile and adaptive rifle ever conceived, it was born of a collaborative effort between Bushmaster, Magpul and Remington to create the ultimate military combat weapons system.”
  • A photo of a Bushmaster with its barrel facing the reader, with the caption: “CONSIDER YOUR MAN CARD REISSUED.” 
  • A photo of a Bushmaster, alongside the slogan: “Forces of opposition, bow down. You are single-handedly outnumbered.”
  • “ONE RIFLE. MANY MISSIONS. THE REVOLUTIONARY, FULLY MODULAR REMINGTON ACR (ADAPTIVE COMBAT RIFLE).”

Image result for Images of Remington AR-15 Bushmaster rifle

Remington AR-15 Bushmaster

“The defendants knowingly marketed, advertised, and promoted the XM15-E2S for civilians to use to carry out offensive, military style combat missions against their perceived enemies,” alleges the Newtown lawsuit.

And the Justices ruled that, “such use of the XM15-E2S, or any weapon for that matter, would be illegal, and Connecticut law does not permit advertisements that promote or encourage violent, criminal behavior.

“We are confident… that, if there were credible allegations that a firearms seller had run explicit advertisements depicting and glorifying school shootings, and promoted its products in video games, such as ‘School Shooting,’ that glorify and reward such unlawful conduct, and if a troubled young man who watched those advertisements and played those games were inspired thereby to commit a terrible crime like the ones involved in the Sandy Hook massacre, then even the most ardent sponsors of PLCAA would not have wanted to bar a consumer protection lawsuit seeking to hold the supplier accountable for the injuries wrought by such unscrupulous marketing practices.”

Image result for Images of Connecticut Supreme Court Building

Connecticut Supreme Court Building

Said David Wheeler, father of a Sandy Hook victim: “There is a reason why this particular consumer product is the one that is used by people who want to inflict the most damage, and we have seen it time and time again since my son and his classmates were killed. That reason very likely potentially resides in the documents that we have been unable to look at until now.”

“The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety,” said Josh Koskoff, one of the lawyers for the victims’ families, “Today’s decision is a critical step toward achieving that goal.” 

“This is a landmark and potentially historic ruling,” said Adam Winkler, a UCLA Law School professor who specializes in constitutional law. “While all this decision does is allow a case to go forward, in broader terms it really opens up a new avenue for holding gunmakers responsible.”

More importantly, the ruling could spur similar suits in other states. “This could prompt further such suits not only for cases of mass shootings, but individual ones as well,” Winkler said.

The decision by the Connecticut Supreme Court wasn’t unanimous. Three of its seven justices dissented.

The case now goes back to the lower court for further proceedings and a possible trial.

Opinion remains divided over its chances for success.

According to National Public Radio: “The suit is a high-stakes challenge to gun companies, which have rarely been held liable for crimes committed with their products, and could mark a new front in the battle over gun regulations and corporate accountability.

“An eventual ruling against Remington could establish legal precedent, opening doors for more lawsuits against gun manufacturers, and expose the company’s communications about its marketing plans.” 

Noted The Root: “While federal judges remain split on which laws apply to firearm manufacturers, Connecticut judges have drawn a line in the sand. While U.S. Supreme Court intervention on behalf of Remington is a distinct possibility, Connecticut’s decision could inspire lawmakers and lawyers to take a hard look at PLCAA.”  

“The larger implications of this are that the Connecticut Supreme Court has just blown a giant hole in the PLCAA and in federal immunity for firearms manufacturers,” said Timothy Lytton, a law professor at Georgia State University.

Lytton predicted that the United States Supreme Court would be likely to take up the case: “What we’re talking about here is the interpretation of a federal statute and that falls squarely in the jurisdiction of the [United States] Supreme Court.”

A spokeswoman for the National Rifle Association declined to comment. 

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 25, 2019 at 1:38 am

It had happened before—all too often before:

  • Midnight vigils for the victims of yet another spree-killer.
  • Makeshift memorials of flowers, candles and teddy bears.
  • Grief counselors for students at elementary, junior high and high schools.
  • And, of course, the inevitable question: “Why?”

Americans had seen it all before—too many times before: 

  • After the San Ysidro McDonald’s shootings, 1984: 21 dead, 19 wounded.
  • After the 101 California Street shootings in San Francisco, 1993: 9 dead, 6 injured.
  • After the Columbine High School shootings in Colorado, 1999: 15 dead, 21 wounded.
  • After the Virginia Tech shootings, 2007: 32 dead, 23 wounded.
  • After the Tucson shooting of Rep. Gabrielle Giffords, 2011: 6 dead, 13 wounded.
  • After the massacre at the Century 16 Theater in Aurora, Colorado, 2012: 12 dead, 58 wounded.

And then, on December 14, 2012, Adam Lanza, a mentally unstable, 20-year-old gunman, shot and killed his sleeping mother, Nancy, as she lay in bed at home.

Then he drove his mother’s car to Sandy Hook Elementary School, in Newtown, Connecticut, and slaughtered 20 school children aged six and seven and six adult staff. 

His weapon of choice: A Remington AR-15 Bushmaster rifle, a semi-automatic civilian version of the U.S. military’s M-16.

A fanatical gun collector, Nancy Lanza had turned the house she shared with her son into a virtual arsenal:

  • Izhmash Saiga 12-gauge semiautomatic shotgun
  • Bushmaster Model XM15-E2S .223-caliber semiautomatic rifle
  • Glock 20 10mm semiautomatic handgun
  • Sig Sauer P226 9mm semiautomatic handgun 
  • Savage Mark II bolt-action .22-caliber rifle
  • Enfield Albian bolt-action .323-caliber rifle
  • Volcanic .22-caliber starter pistol. 

Of the firearms listed above, Lanza used the first four (italicized) to carry out the Sandy Hook massacre.  

Stockpiles of ammunition for all of these weapons were later found by police as they searched the house. 

Related image

Adam Lanza

Yet Adam Lanza’s mentally unbalanced condition should have barred him from possessing even a single firearm.

A report issued by the Office of the Child Advocate in November, 2014, noted that Lanza had Asperger’s syndrome. As a teenager he had suffered from anxiety, depression and obsessive-compulsive disorder.

The report concluded: “His severe and deteriorating internalized mental health problems…. combined with an atypical preoccupation with violence….(and) access to deadly weapons…. proved a recipe for mass murder.”

On the day of the massacre, Adam Lanza chose his firearms with care. 

He shot his defenseless mother four times in the head with a Savage Mark II .22-caliber rifle, a bolt-action firearm that can accept a 10-round magazine. But for his planned massacre at Sandy Hook, he chose semiautomatic weapons with detachable ammunition magazines. 

Of all the weapons Lanza carried to Sandy Hook, the Bushmaster XM15-E2S proved the most lethal: A semiautomatic rifle that can be equipped with 30-round magazines, which allows the shooter to cut down on the number of times he has to reload.

In the past, countless Americans had responded to the latest gun outrage with “sending thoughts and prayers.” 

But, this time, there would be a different response to this latest slaughter.

In February, 2014, nine families of the victims in the Sandy Hook massacre filed a lawsuit against the gun manufacturer, Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons. 

In October, 2016, the Connecticut Superior Court dismissed the case based on a federal law that protects the gun industry from liability.

Rammed through a Republican-dominated Congress by the National Rifle Association (NRA), the Protection of Lawful Commerce in Arms Act, or PLCAA, was signed into law by President George W. Bush in 2005. Since then, it has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence.

But on March 15, 2019, the Connecticut Supreme Court ruled that families of Sandy Hook victims could sue Remington Outdoor Co Inc.

The families asserted that Remington, along with a gun wholesaler and local retailer, were partially responsible for the carnage because they marketed the weapon based on its militaristic appeal.

For the first time in American history, victims of gun violence have won the legal right to hold gun makers accountable for the devastation caused by their products.

“The perception for the gun industry is: ‘We can’t get sued,’” said Josh Koskoff, a Connecticut attorney representing families of the Newtown massacre. “‘We can be as unethical and as wild and aggressive in the marketing as we want.’”

The families had sued Remington by citing the legal doctrine of negligent entrustment. This has been used in such cases as when someone lends a car to a high-risk driver who then causes an accident.

But the Supreme Court rejected that theory. Instead, it ruled that the families could bring their claims under the consumer protection statute. 

The court said that state unfair-trade-practices law allows anyone who’s suffered a financial loss from such activities to sue “regardless of whether they had a business relationship with the person or entity that engaged in the prohibited practice.”

“Once we accept the premise that Congress did not intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct … it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet,” the judges said.

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