The Mass Shooting Tracker was created to track every incident in the United States where a gun is used to kill or injure four or more people at one time.
By October 2, the year 2015 has seen 294 mass shootings in 275 days. Those shootings have claimed the lives of 380 people. No more than eight days this year have passed without a mass shooting.
So what should the surviving victims of these rampages 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 (NRA) 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 these rampages–-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, terrorists 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 significantlyweaken 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 slaughters that could have been prevented.
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SECRETS OF THE 2020 MIDTERMS
In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on November 8, 2022 at 12:16 amDuring the 2022 midterm elections, Republicans ran—as usual—on the basis of hate and fear. And Democrats—as usual—ran as on the basis of cowardice and naivety.
On June 24, when six Right-wing Justices on the Supreme Court finally banned legalized abortion, Democrats believed they had a sure issue-winner come November.
But in the months since then, momentum has steadily swung to the Republicans. They have blamed President Joe Biden—and Democrats generally—for the following:
While all of these have proven popular with voters, they reveal a tide of ignorance and unrealism among the electorate. Consider:
Inflation: This is a worldwide problem, not simply an American one. Some of this can be blamed on the continuing COVID-19 pandemic. But another reason is simply old-fashioned corporate greed—and the refusal of the Federal Government to attack it.
According to the Commerce Department’s Bureau of Economic Analysis (BEA): From May to August, corporate profit margins were the widest since the 1950s. During the second quarter of 2022 companies continued jacking up prices. This pushed inflation to a 40-year high at the expense of workers and consumers.
“We can argue until the cows come home about the cause of inflation,” writes Chris Becker, senior economist at the Groundwork Collaborative. “But we can’t lose sight of the basic moral point that it is outrageous that corporations are seeing skyrocketing profits while purchasing power for so many American households is declining.”
The Justice Department could deal with this through RICO—the Racketeer Influenced Corrupt Organizations Act. Corporations guilty of extortion—such as those that have priced insulin out of the reach of most Americans—could be prosecuted for extortion.
That would not only bring prices down but serve as a warning for future greed-fueled corporations.
But it takes more than laws to protect the citizens of a nation; it takes prosecutorial courage to enforce those laws. And in Attorney General Merrick Garland, that courage is pathetically lacking.
Republicans claim to have a “plan” for turning around this situation. Yet they have repeatedly voted against:
In November, 2017, Donald Trump and a Republican-dominated House and Senate rammed the Tax Cuts and Jobs Act of 2017 through Congress.
According to Chye-Ching Huang, Director of Federal Fiscal Policy, the law:
Yet poor and middle-class Americans remain ignorant of this and believe Republicans truly care about them.
One symptom of inflation that especially infuriates Americans: High prices for gas.
In October, Saudi Arabia and Russia steered a group of oil-producing countries in voting to slash oil production by two million barrels per day. OPEC wants to prop up oil prices as global demand slows down.
Mohammed bin Salman Al Saud
Kremlin.ru, CC BY 4.0 <https://creativecommons.org/licenses/by/4.0>, via Wikimedia Commons
The Biden administration tried to persuade OPEC countries to not cut oil output. But Saudi Arabia—the biggest member of the oil-producing cartel—refused.
Some commentators believe that Saudi Crown Prince Mohammed bin Salman was primarily responsible for this. Biden had once pledged to treat Salman as a “pariah” after the brutal murder of journalist Jamal Khashoggi.
Yet there is nothing Biden can do—short of invading Saudi Arabia and taking control of its oil fields.
(President Donald Trump said the United States should have done this after it invaded Iraq.)
Crime: According to the Pew Research Center: Around six-in-10 registered voters (61%) say violent crime is very important when making their decision about who to vote for in this year’s congressional elections.
The Bureau of Justice Statistics, however, reports no recent increase in the U.S. violent crime rate. The FBI also estimates that there was no increase in the violent crime rate in 2021.
There has been a record number of mass shootings in the United States—622 by October. But while Republicans rail against violent crime, they consistently block all efforts to curb the sale of semi-automatic weaponry to anyone who wants it.
AR-15 Rifle
Moreover, while Federal law enforcement agencies—especially the FBI—receive major news coverage, most crime occurs at the local level. The Federal Government has no role to play in it—unless the violation occurs on Federal property or involves a Federal official.
Illegal Immigration: For Republicans, illegal aliens come exclusively from Central and Latin American countries.
Yet David DePape, who assaulted Paul Pelosi, the husband of House Speaker Nancy Pelosi, is a Canadian who overstayed his visa.
According to the latest report from the Department of Homeland Security (DHS), overstayers numbered more than 500,000 in 2020. They represent up to 40% of the total illegal alien population.
Moreover, dealing with illegal alien invasions is a problem that confronts every President, Republican and Democrat.
President Barack Obama was often attacked by immigration groups as the “Deporter in Chief.” Between 2009 and 2015, his administration removed more than 2.5 million people through immigration orders.
According to government data, the Obama administration deported more people than any other administration in history.
Yet, for Republicans, “the crisis at the border” will always remain a rallying cry—as long as it’s aimed at Hispanics.
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