You Might be Right: What can we do about gun violence?

by Rod Williams, Oct. 16, 2023- This is the first episode of the You Might be Right podcast where co-hosts and former Tennessee Governors Phil Bredesen and Bill Haslam discuss important issues of the day. In this issue, they discuss the gun violence. 

In the second half of the episode the governors are joined by David French, a political commentator, and author who regularly writes for The Dispatch, The Atlantic, and National Review.  David French is a native middle Tennessean of humble origin who rose to prominence as a political commentator.  I have seen him speak a couple times, once at First Tuesday and once at some other event.  He is scholarly and thoughtful, yet very relatable. I respect his opinions and like him a lot. 

French addresses the Second Amendment right to bare arms and recent supreme court rulings, the justification for an assault rifle, why the AR-15 is used for lawful purposes and is covered by the Second Amendment, and explains red flag laws and explains why, when properly written, they do not violate the constitution. 

Follow this link to listen to the podcast.  You can listen to the 44-minute podcast at X1.5 speed and not lose context. If you prefer to read the text of the podcast rather than listen, that is an option. 

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Are Guns the Leading Cause of Death for Children in the US?

link

by Rod Williams, Sept. 5, 2023- If you do a search engine search for "Guns the Leading Cause of Death for Children in the US," you will get page after page of articles repeating the assertion that guns are the leading cause of death of "our kids," or "children," or 'kids."  I just accepted it as true. 

Today I was reading a post from the Pamphleteer and read this: 

It's not advisable to make permanent policy decisions motivated purely by emotions. One talking point designed to push the emotive dial up a few notches is the oft-parrotted line "Guns are the leading cause of death for children in America."

But that depends entirely on how you define the word children. For those aged 17 and under, the number one cause of death is infant-specific abnormalities unique to children under the age of 1.

But if we define children as being between the ages of 1 and 18 or 1 and 19, firearms are the leading cause of death, indicating that most firearm deaths cluster at the edge of whether someone should be titled a teenager or a young adult.

The problem for "teens" at the upper end of this age spectrum is the sort of gun violence that proliferates in urban, majority-black neighborhoods —a kind of violence most protesters at the Capitol seem to either tokenize or ignore entirely.  

I had not considered that.  I looked further and found this from Snopes in answer to the question, "Are Guns the Leading Cause of Death for Children in the US?":

Key facts:

• The latest available data pertinent to this claim covers 2020 and 2021. As of this writing, there is no data available for 2022 and 2023.
• The claim that guns were the leading cause of death for U.S. children in 2020 and 2021 is true only if the selected age range is 1-19 years old. This range excludes infants under one year old, who have a unique risk of age-specific causes of death.
• Similarly, capping the age range at 17, instead of 18 or 19, also alters the result, as children aged 17 and under have a greater risk of dying of vehicle-related injuries. 

...  The most important caveat is that this conclusion derives from data that excludes infants below the age of 1, who are uniquely impacted by other causes of death. Adjusting the parameters in other ways also affects the result.

... if we were to calculate the number of motor vehicle deaths between the ages of 1-17 in 2021 using only "Motor Vehicle Accidents" as a category from CDC's "ICD-10 113 Cause List," the number of deaths would be 2,561, which would be slightly less than the number of deaths from guns, which totaled 2,565. If we were to make the same calculations within the same parameters from the ages of 1-18, it would be 3,588 number of deaths from firearms, and 3,397 deaths from motor vehicles.

... Looking at data from the CDC and the Gun Violence Archive, The New York Times found that, in 2021, Black children represented half of these gun deaths, and two-thirds of all gun-related homicides involving youths. In other words, Black children were overall six times as likely to die from gun violence compared to white children. Children in big cities were three times more likely to die from gun violence compared to children in small towns.    

When I think of "kids," or "our children," the picture that comes to my mind is a 8- or 9- or 10-year-old girl. If you look at the above and do the math, the primary problem of "kids" being killed by gun violence is primarily the problem of 17-year-old Black inner-city males shooting each other. 

The above data in no way minimizes the severity of the problem of gun violence, but the truth should matter. When former President Barack Obama said, "We are failing our children. Guns are now the leading cause of death for children in the U.S," that is misleading. 

One may conclude that if there were fewer guns in circulation, there would be fewer people killed with guns, but gun confiscation is not going to happen in America. There are already more guns in America than people and I don't think that will change. 

When one says, "guns are the leading cause of death of children in America," it would be more accurate to say, "guns are the leading cause of death of people between the age of 1 and 18 and it would be more informative to add, "and of those gun deaths the largest portion are the result of Black 17-year-old boys killing each other."

We have a gun violence problem in America, but mass school shootings are only a small fraction of the number of people killed by guns. On average, fewer than 35 children and teens are killed a year as a result of mass shootings (1). I support taking sensible measures to makes schools more save and efforts to temporarily remove guns form people who may be a danger to themselves or others.  However, the problem of children being killed by guns is not the same problem as the problem of school shootings. Most "children" killed by gun violence die as a result of Black youth street violence.

If we wish to address the problem of "children" being killed by guns, we need to think clearly and identify the problem. The primary problem is that Black culture in America is dysfunctional, and violence is a norm. Fear of being called racist, or being too polite to tell the truth, or too politically correct to name the problem means we just ignore the real problem of children dying by gun violence. 

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Gov. Lee Announces Special Session on Public Safety to Begin August 21 Tennesseans are invited to engage in the conversation by sharing feedback.

State of Tennessee Press Release, Monday, May 08, 2023- Today, Tennessee Governor Bill Lee announced that he will call for the Tennessee General Assembly to convene a special legislative session on August 21, 2023, to strengthen public safety and preserve constitutional rights. 

“After speaking with members of the General Assembly, I am calling for a special session on August 21 to continue our important discussion about solutions to keep Tennessee communities safe and preserve the constitutional rights of law-abiding citizens,” said Gov. Lee. “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.”

Starting today, Tennesseans are invited to engage in the conversation by sharing feedback here.

Gov. Lee will meet with legislators, stakeholders and Tennesseans throughout the summer to discuss practical solutions ahead of the special session. 

The Governor’s office will issue a formal call ahead of the special session. 

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So far this year, 349 guns have been stolen from vehicles in Nashville,

Metro Press Release, April 19, 2023- The MNPD strongly encourages Nashvillians to lock their automobile doors, secure any valuables---especially guns, and remove the keys.

So far this year, 349 guns have been stolen from vehicles in Nashville, 19 were taken from autos just last week. The total number of guns stolen this year in Davidson County is 452, which means that 77% of guns stolen so far in 2023 have been taken from automobiles.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 42% of the automobiles taken (28 of 67) were easy targets because the keys were left inside or made available to thieves.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

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From Tennessee Big City Mayors to Gov. Lee: Recommended Policy Actions to Reduce Gun Violence in Tennessee

April 19, 2023

To: Governor Bill Lee, Speaker Cameron Sexton, Lt. Governor Randy McNally

From: John Cooper, Mayor, Metropolitan Government of Nashville & Davidson County; Lee Harris, Mayor, Shelby County; Tim Kelly, Mayor, City of Chattanooga; Indya Kincannon, Mayor, City of Knoxville.

Subject: Recommended Policy Actions to Reduce Gun Violence in Tennessee

According to the National Center for Health Statistics, Tennessee has the 12th highest rate of gun deaths in the country over the past four years. Tennessee ranks 9th in total deaths by firearms. Nearly 1,300 Tennesseans die each year from guns, and it is the leading cause of death among children and teenagers.

Nationwide data shows a clear correlation between the strength of a state’s gun laws and the rate of gun violence. For example, the six states with the strongest gun laws each rank among the eight safest states for the rate of gun violence.

Tennessee can save lives by implementing gun laws that have proven to be successful in other states. While evidence suggests that banning assault weapons should be a primary policy consideration, this memo outlines ten common sense policy recommendations we believe should earn bipartisan support to enact this legislative session.

We are encouraged by Governor Lee’s recent support for extreme risk laws after the tragic murders a few weeks ago at The Covenant School. Now is the moment to turn statements of support and sympathy into action. We can incorporate these policies into legislation immediately. Working together, we can keep guns away from people who shouldn’t have them, and out of circumstances that are likely to result in more dead Tennesseans.

1. Require background checks for all gun purchases.

Tennessee should require point-of-sale background checks for all gun purchases, including rifles and shotguns.

This requirement would help close a loophole that currently allows felons and other people who are prohibited from possessing firearms to bypass a background check by buying a gun from an unlicensed seller.

A mandatory background check would screen to make sure the buyer is not legally prohibited from owning firearms due to criminal history.

20 states currently require background checks. Those state laws are associated with lower rates of homicide and suicide by firearm.

A recent poll showed that 88% of Tennesseans support background checks for gun sales.

2. Implement Extreme Risk Protection Orders.

Known as a “red flag” law, an Extreme Risk Protection Order (ERPO) empowers law enforcement and family members to intervene and temporarily prevent those at extreme risk of harming themselves or others from possessing guns.

Law enforcement and immediate family members could petition a civil court for an ERPO to temporarily remove guns the possession of those at serious risk of harming themselves or others. If a judge finds that there is sufficient evidence, that person is temporarily prohibited from purchasing and possessing guns. The guns they already own will also be held by law enforcement for the duration of the ERPO.

Once the immediate threat of harm to an individual or others is removed, individuals can petition to have the ERPO removed to ensure proper due process.

Tennessee should allow law enforcement to petition a civil court for an ERPO. Petitioners could also include immediate family members and medical professionals. 20 states have already implemented ERPOs.

A recent poll showed that 71% of Tennesseans support adopting red flag laws.

3. Enhanced safety of the concealed carry law.

Recognizing that Tennessee legislators support concealed carry without a permit, action can still be taken to protect Tennesseans without undoing our state’s overall policy on concealed carry. Tennessee should prohibit individuals who have been convicted of a violent misdemeanor offense from carrying a concealed firearm.

This policy change would follow states like Florida, which eliminated its permit requirement this session while still prohibiting people convicted of violent misdemeanors from carrying in public, but would stop short of banning gun purchases for violent misdemeanants (a law that 15 states including Alabama have in place).

The right to carry a concealed firearm should not be extended to members of society who have proven themselves to be violent. Tennessee should become the 24th state to bar concealed carry by people with violent misdemeanor convictions.

4. Establish a statewide minimum age for purchasing firearms.

Under Federal law, a gun buyer purchasing from a licensed firearm dealer must be 21 years old to buy a handgun and 18 to buy a long gun. Federal law prohibits someone under 18 from possessing a handgun, but there is no minimum purchase age for long guns bought from an unlicensed seller.

22 states have adopted higher minimum age laws for purchasing firearms. Florida is one of seven states that set the minimum age at 21 for all firearms purchases.

Tennessee should establish a minimum age of 21 to purchase handguns or any centerfire semiautomatic long gun. All other rifles (including .22 rimfire rifles) and shotguns could be purchased at 18 years of age. This policy will make sure that the firearms most likely to be used in violent crimes and mass shootings are less easily attainable for young people.

5. Require and enable secure storage of guns.

Secure storage laws reduce gun violence and firearm accidents. 25 states currently have laws to prevent children from gaining unauthorized access to firearms.

Tennessee should adopt a secure storage law that penalizes gun owners if a child (under 18 years old) or person prohibited from possessing firearms gains access to a firearm.

A recent poll showed that 82% of Tennesseans support adopting a safe storage laws.

The State of Tennessee should also provide funding to any city or county government interested in operating a distribution program for mailing gun locks to residents who request a lock. For example, Shelby County has given out 600 gun locks so far in 2023 at a total cost of less than $10,000.

6. Limit gun thefts from cars.

Gun thefts from cars are a common problem in Tennessee and contribute to further crime. Tennessee should take action to limit thefts of guns from cars by requiring cars containing a gun to be locked and for the gun to be stored inside a locked compartment within the vehicle.

7. Ban high-capacity magazines.

Limiting magazines to fewer rounds of ammunition requires a shooter to reload more often, thereby making it more difficult to inflict mass casualties. For reference, the shooter in the Covenant School shooting fired 152 rounds using high-capacity magazines. In the 2019 Dayton, Ohio shooting, the shooter used a drum magazine holding 100 rounds.

High-capacity magazines are typically defined as greater than 10 rounds. 14 states have laws banning high-capacity magazines. States with a ban on high-capacity magazines experience mass shootings at less than half the rate of states without restrictions.

8. Protect women by prohibiting convicted stalkers from owning guns.

Stalking is linked to the murder of women. 89% of femicide victims who had been physically assaulted had also been stalked in the 12 months before their murder. 54% of femicide victims reported stalking to police before they were killed by their stalkers. (Stalking Prevention, Awareness, and Resource Center)

People convicted of misdemeanor stalking in Tennessee can currently still own a gun. Tennessee should pass a law that prevents convicted stalkers from possessing a firearm. 20 states have laws that ban convicted stalkers from owning guns.

9. Provide funding for school threat assessment teams to keep schools safe.

School threat assessment teams are trained to identify warning signs and intervene before students commit acts of violence. Such programs are unanimously recommended by school safety experts. In 77% of school shootings, at least one person, most often the shooter’s classmate, had prior knowledge of the shooter’s plan.

Nine states require school threat assessment programs including Kentucky, Florida, and Texas. Numerous other school districts, such as Metro Nashville Public Schools, have implemented threat assessment programs even if not required by state law.

Tennessee already has a law that enables Local Educational Agencies (LEA) to adopt policies to establish threat assessment teams (Section 49-6-2701). The State of Tennessee should now provide funding for school districts who want to form school threat assessment teams to keep their students safe. Additional funding for SROs is helpful to this effort, but it is important to note that school threat assessment teams’ scope goes beyond law enforcement.

10. Require reporting of lost and stolen guns.

15 states require gun owners to promptly report to law enforcement if a gun is lost or stolen. These reporting requirements allow law enforcement to investigate and track down gun trafficking operations. Laws requiring reporting of lost and stolen guns can reduce illegal gun movement by 46%, according to one study.

Tennessee should require gun owners to report a stolen or missing gun within 72 hours of the incident. Such a law would not restrict gun rights, but evidence suggests it would reduce illegal gun sales by preventing people from claiming a gun was stolen or missing only after it was used in a crime.

Rod's Comment: I support many of these recommendations, especially those related to safe storage of guns and limiting theft from cars and required reporting of lost or stolen guns. I can support a red flag law if it contains due process protections. All of these proposals seem to be moderate common-sense proposals. All of these recommendations are worthy of consideration, study, and debate.  

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House Passes Democrats’ Gun Measures as Senate Talks Continue. House Votes to Increase Semi-Automatic Rifle Purchase Age to 21

by Siobhan Hughes, Wall Street Journal, June 8, 2022 -WASHINGTON—The Democratic-controlled House passed a broad package of measures intended to reduce gun violence, while parents and other witnesses shaken by mass shootings in their communities beseeched lawmakers at a congressional hearing to act to prevent further deaths.

The House bill, approved 223 to 204 largely along party lines, pulls together a series of gun measures that have backing in the Democratic Party but little support among Republicans, making the proposal a nonstarter in the evenly split Senate, where 60 votes are required to advance most legislation. Senate negotiators are working on a narrower set of proposals, centered on school security, supporting state red-flag laws and adding juvenile records to background checks, to keep guns out of the hands of potentially dangerous people. (link)

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House Votes to Increase Semi-Automatic Rifle Purchase Age to 21

National Review, June 8. 2022- On Wednesday, as part of a slate of bills aimed at curbing mass shootings and gun violence, the House voted to increase the age required to purchase a semi-automatic rifle from 18 to 21.

The vote was 228 to 199, with ten Republicans joining Democrats in supporting the measure. Those GOP members were Representatives Fitzpatrick, Gonzalez, Jacobs, Katko, Kinzinger, Malliotakis, Salazar, Smith, Turner, and Upton. (link)

Rod's Comment: I support increasing the age to purchase AR-15 type weapons to age 21. I will have more to say on the issue in a future post. It is time for sensible legislation to reduce gun violence. 

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In the last 56 years, there have been 13 school mass shootings.

by Rod Williams, June 3, 2022- Since the tragedy in Uvalde Texas, I have consumed a lot of news about that tragedy and done a lot of reading about past similar tragedies and thought a lot about it.  I am tending toward a conclusion that something must be done. Maybe it is time for reasonable gun control or if not "gun control," other measures to lessen gun violence. However, I am not yet firmly committed to what should be done. It is a complex issue. 

One needs to be careful in understanding what one reads and be clear of one's definitions. Some in reporting on the problem of mass school shootings will conflate information and leave an impression of many more mass school shootings have occurred than have actually occurred. There is a difference between "school shootings," "mass shootings," and "mass school shootings." 

The best information I can come up with is from Reason magazine, that in the last 56 years, there have been 13 school mass shootings. This uses the definition of a shooting occurring at a school in which at least four people were killed or injured. Also, Reason points out that all mass casualty shooting events constitute less than 1 percent of all gun deaths. That does not negate that America is an outlier and compared to the rest of the countries of the developed world Americans kill each other at an alarming rate. 

This is by no means meant to minimize the tragedy. Mass shootings at nightclubs, churches, shopping malls, or Country music concerts in Las Vegas are also tragedies, but a clear understanding of the problem is necessary for clear thinking about the problem.  School children are still safer at school than riding to school in a car with their parents. Schools are still one of the safest places a child can be. 

NPR ran a piece titled, "27 school shootings have taken place so far this year." That is 27 school shootings with injuries or deaths this year. That is terrible, but that could be one person wounding another; not 27 Uvalde Texas-style mass shootings.

If you do a Wikipedia search on the topic you will find, "List of school shootings in the United States". It covers the period Feb. 2020 through May 21, 2022. It lists several hundred. Included in the list are entries such as: 

March 30, 2015, University City, Missouri Police said one person has been arrested for a shooting at Pershing Elementary School. The shooting occurred in the parking lot, with a 34-year-old-man being shot in the buttocks.

October 22, 2015, Nashville, Tennessee, One person was killed and three others were wounded in a shooting at an outdoor courtyard at Tennessee State University. The shooting may have stemmed from an argument over a dice game. A suspect has not been identified or arrested.

November 11, 2019, Baltimore, Maryland. A 19-year-old student who was outside Reginald F. Lewis High School was approached by a masked man who shot him in the leg.

May 9, 2022, Suwanee, Georgia, A woman fired 12 shots at a moving school bus. Nobody was shot but the bus driver was injured by shattered glass.

This is terrible, but getting shot in the leg by a masked gunman is normally not what one thinks of when they hear the term "school shooting." Two college students getting into a shoot-out over a dice game is not what one thinks about.

The tragedy of  Uvalde Texas was terrible. It is terrible enough as it is, one does not need to distort the magnitude of the problem to make that point. Truth should matter. 

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Law abiding gun owners are arming thugs. So far this year, 625 guns have been stolen from vehicles in Nashville.

Metro press release, May 31, 2022- The Nashville Police Department strongly encourages Nashvillians to lock their automobile doors, secure any valuables---especially guns, and remove the keys.

So far this year, 625 guns have been stolen from vehicles in Nashville. More than 70% of all guns reported stolen in 2022 (873) were taken from vehicles. Last week, 21 guns were stolen from cars and trucks.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 64% of the automobiles taken (28 of 44) were easy targets because the keys were left inside or made available to thieves.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

Rod's Comment: I think it is past time to address this. Very few criminals buy their guns from a gun shop.  They buy stolen guns off the street, placed in circulation by irresponsible gun owners who left them in a vehicle. If one is going to leave a gun in a car, it should be secured in a gun safe that is bolted to the car frame or otherwise firmly secured to the vehicle. I am of the opinion that improperly securing a weapon should be a punishable offense. 

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Explaining the Gun Debate

by Rod Williams, May 29, 2022- The tragedy of another mass shooting has renewed and reinvigorated the gun debate and Kevin D.Williamson writing in National Review discusses some of the issues around that debate. In this post are paraphrasings and quotes from the article and my thoughts. If you are an NR subscriber or can find it elsewhere or access it through your library, I suggest reading the complete article.  

A lot of things people think about guns are simply not true or if true need context.  I know there are those who have their mind made up and are not going to budge from the position they have taken. On the one hand, there are those who think Americans should not have the right to bear arms and that all firearms should be confiscated. I assume readers of this blog know the rebuttal to that simplistic unrealistic point of view. On the other hand, there are those who think any restriction on the type of weapon, magazine capacity, reduction in the age of majority, or registration of arms, or licensing of arms dealers is a step toward confiscation and the end of America as a free country. 

My view is that somewhere between these two extremes there is room for reasonable efforts to reduce gun violence. I also admit that the issue is complicated. I don't have the answers but see a problem that needs to be addressed. I see no point, however, in window dressing and symbolic measures and meaningless legislation that will have no impact. That being said, there probably are incremental steps that could make an incremental difference. We should however not be satisfied with the status quo.  Also, we should not be afraid to engage with people whose views differ from ours. A good place to start any debate is with facts and good data. This article by Williamson contributes to a clearer understanding of the issues. Below are some highlights from the article. 

Q: They didn’t have to worry about this kind of thing 100 years ago, did they?

"Of course they did," he says. "We are coming up on the 100th anniversary of the worst school massacre in American history, which happened in Bath, Mich., in 1927, and saw the deaths of 44 victims plus the perpetrator."  

Williamson could have done a better job. He only gives this one example. I would like more data. How big of a problem was this a hundred years ago compared to now? How often did it occur? I know that in my youth schools had Rifle clubs. I never worried about a school shooting. Columbine was the first school mass shooting of which I was aware. I think this is a recent problem and want data to see if that is correct.

Q: So how important is access to guns?

He says that by most meaningful measures it is not very important. "So, guns don’t seem to be the important variable. ... Americans buy more guns today than they did in 1990 ... but violent crime has decreased radically since those years, ... homicides falling almost by half between 1991 and 2020 ... There isn’t much reason to believe that the increase in gun ownership led to less crime, but it is a matter of historical fact that it was not accompanied by more crime."

Q: But isn’t our country awash in guns?

No, he says. A relatively small number of households have more guns but more households do not have guns. "The number of Americans living in households in which there is a gun present has actually declined quite a bit over the past several decades." "In 1973, only a minority of Americans (49.5 percent) lived in a household with no firearm, but by 2014 almost two-thirds of Americans (64.3 percent) did. So the typical American is less likely to reside in a household with a firearm in it today than 50 years ago." Some people live in a household with 50 arms but he says the lone psychopath in a house with 50 guns is probably no more of a threat than a lone psychopath with one rifle.

I don't doubt the data. However, in my own case, I only became a gun owner fairly recently. When the Antifa/BLM riots and random attacks on white people began occurring, I felt it wise to be armed. I know there was a shortage of good handguns during this period. Gun shops sold out. His data is from 2014. I think updated data would show more people have guns. Maybe not as many as in 1973, but more than in 2014.

Q: So gun owners are basically a bunch of insecure white guys with basements full of AR-15s? 

No, he says.  He says a lot of the increase in American domestic gun ownership was the result of women’s acquisition of firearms. He gives data.

Q: But isn’t the United States an outlier compared to other countries?

He says "Certainly, though not in the way you may have been told." He then mentions the genocide in Rwanda. That is not relevant, in my view. We are an outlier by an enormous amount compared to other developed countries. To me that is relevant; not what happened in Rwanda.  He does however provide a useful comparison to Switzerland. 

Switzerland has more guns per capita than any country other than the United States and Yemen. Its murder rate is about one-ninth the U.S. rate. Switzerland has about 8.6 million people to Cook County’s 5.1 million, but Switzerland saw only 47 homicides in 2021 (14 by shooting) while Cook County saw more than 1,000. 

He then points out that while Americans shoot each other to death at a much higher rate than do citizens of most other countries, "they also stab each other to death, beat each other to death, burn each other to death, etc., much more frequently than do citizens of other countries. In fact, the number of murders committed by Americans armed with nothing more than their bare hands each year exceeds the number of murders committed by Americans with so-called assault rifles. The United States has unusually high rates of criminal violence across the board rather than just an unusually high rate of gun-related violence."

That is disturbing. I think he hits the nail on the head when he says. " The problem with America isn’t that it is full of guns — the problem with America is that it is full of Americans." 

Q: What is the point of allowing civilians to have military weapons?

He says, "we don't." To call semiautomatic 5.56mm rifles “weapons of war” is dishonest" and he explains the difference between a military weapon and a civilian weapon.

Q: But isn’t it easy to modify these rifles to make them fully automatic?

No, not really, he says and explains that while it can be done, it is difficult to do. 

Q: But aren’t these new rifles 200 times more lethal than the old Revolutionary War muskets that were being used when the Second Amendment was written?

No, that figure was simply fabricated and continues to be spread. He goes on to say that it is absolutely true that a modern semiautomatic rifle is a more effective weapon than a muzzle-loading musket.

Q: Isn’t the Second Amendment and all that militia stuff just outmoded in the 21st century?

This is his answer and is similar to something that I have said. "In my view, that is really the most honest line of argument from the gun-control lobby. But that isn’t an argument for ignoring the Second Amendment — the law doesn’t stop being the law because of the private subjective judgment of political activists. It is an argument for repealing the Second Amendment. We have a process for amending the Constitution, and the Second Amendment could be repealed if enough Americans believed that to be the wise thing to do. I wouldn’t support that myself, but it is the proper course of action for those who want to eliminate the Second Amendment protections of Americans’ right to keep and bear arms."

Q: Isn’t there anything else that we could do short of a likely doomed effort to pass a constitutional amendment?

He says, yes there is, and lists these two possible actions.

Stronger enforcement of “straw buyer” laws, which are laws against buying a firearm on behalf of someone who is legally prohibited from purchasing one himself. He Explains that when violators are caught they are seldom prosecuted and explains why. He says we need to aggressively enforce these laws.

Improve the federal NICS background-check system. This system used to screen gun buyers is poorly administered and often people who would fail a background check get a gun anyway because the data is faulty or the background check is not conducted within the prescribed three-day period. Also, when the mistake is discovered, no effort is made to correct the mistake and repossess the illegally purchased weapon. Also, people who knowing attempt to purchase a weapon, knowing they are ineligible are almost never prosecuted. The law doesn't work and it should and could be improved and enforced.

I think this is a good start. I think there is more that could be done or at least considered and debated and will address some of it in future posts. For more of what I have posted on the topic of guns, see the following.

• ARE TENNESSEE’S GUN LAWS BLATANTLY UNCONSTITUTIONAL REGARDING 18-20-YEAR-OLDS? (Gun talk #5) 
• Strict local gun policies aren’t effective in reducing gun violence. (Gun talk #4)
• World's most dangerous cities include St. Louis, Baltimore, New Orleans, Detroit. (Gun talk #3)
• Gun violence is a symptom of a dysfunctional society, not the root cause. (Gun talk #2)
• The U.S has the seventh-highest firearms-related death rate in the world. (Gun talk #1)
• The Constitutionality of Gun Control by David Horwitz.

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Gun mass shooting scoreboard: US 101- UK 1; US 101 - Canada 4; US 101- France 8

 

link

Former Senator Bill Frist Tweets: "Firearms became the leading cause of death for American children and teenagers in 2020, surpassing car accidents for the first time in 60 years. We can find ways to preserve the intent of the Second Amendment while also safeguarding the lives of our children."

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The U.S. is an outlier when it comes to gun deaths. Why? What can be done.

by Rod Williams, May 25, 2022 - Following the tragedy of the Uvalde school shooting we are hearing renewed calls for gun control. Not much will change. We could make small changes that might withstand constitutional muster but small changes will change little.  Not much will change because we have the right to bear arms. 

Unlike most of the world where rights are viewed as concessions granted by government, we believe we are endowed with rights.  It is not easy to take away a right. Rights cannot be taken based on the mood of the voters at a particular point in time. Rights are not subject to simple majority rule. 

Why do those who want to ban guns never propose repealing the Second Amendment? Why do those who want to impose gun control not come out and clearly say it is time to repeal the Second Amendment?

What they want to do is ignore the Second Amendment; not repeal it. If that can happen then none of our liberties are secure. If we can take away the right to bear arms by ignoring the Second Amendment, we can take away freedom of the press little by little, not by repealing the First Amendment but by ignoring it and rationalizing that it is antiquated and that "hate speech" must be prohibited. After all, when the First Amendment was written there were no blogs or Facebook or TV, or radio.  The logic that new forms of communication make the First Amendment obsolete and thus the First Amendment can be ignored is as logical as saying because we have automatic weapons instead of flintlock rifles the Second Amendment can be ignored.  

If the Second Amendment can be ignored due to public opinion and public opinion turns against the right to bear arms, then all of our liberties can depend on the public opinion of the moment.

The problem of gun violence in America is serious. We are an outlier. Why? What can be done? I wish I knew.

Also see: Pass and Enforce Red Flag Laws. Now by David French.

For more of my postings on the issue of gun violence see the following:

• ARE TENNESSEE’S GUN LAWS BLATANTLY UNCONSTITUTIONAL REGARDING 18-20 YEAR OLDS? (Gun talk #5) 
• Strict local gun policies aren’t effective in reducing gun violence. (Gun talk #4)
• World's most dangerous cities include St. Louis, Baltimore, New Orleans, Detroit. (Gun talk #3)
• Gun violence is a symptom of a dysfunctional society, not the root cause. (Gun talk #2)
• The U.S has the seventh highest firearms-related death rate in the world. (Gun talk #1)

Also see: The Constitutionality of Gun Control by David Horwitz.

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The Uvalde school shooting won’t change a thing

 The Uvalde school shooting won’t change a thing

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Law-abiding gun owners arm 1,287 criminals this year in Nashville

December 30, 2021, Metro Nashville press release -The MNPD strongly encourages Nashvillians to lock their automobile doors, secure any valuables---especially guns, and REMOVE THE KEYS.

So far this year, 1,287 guns have been stolen from vehicles in Nashville. More than 70% of ALL guns reported stolen in 2021 (1,825) were taken from vehicles. Last week, 27 guns were stolen from cars and trucks. Just yesterday, East Precinct community engagement officers recovered two guns in the possession of two male teens, ages 13 & 16. Both guns had been stolen from vehicles.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 70% of the automobiles taken (33 of 47) were easy targets because the keys were left inside or made available to thieves. Three of the 47 vehicles stolen were left running without the driver present.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

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So far this year, 1,084 guns have been stolen from vehicles in Nashville. Am I the only one that sees this as a problem?

Metro Press release, November 17, 2021 - The MNPD strongly encourages Nashvillians to lock their
automobile doors, secure any valuables---especially guns, and REMOVE THE KEYS.

So far this year, 1,084 guns have been stolen from vehicles in Nashville. More than 70% of ALL guns reported stolen in 2021 (1,508) were taken from vehicles. Last week, 32 guns were stolen from cars and trucks.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 74% of the automobiles taken (46 of 62) were easy targets because the keys were left inside or made available to thieves. One of the 62 vehicles stolen was left running without the driver present.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

Rod's Comment-  Think about 1084 stolen guns. They probably ended up in the hands of thugs, maybe juvenile thugs. I see this as a problem. I think it is undeniable that more guns in circulation make us less safe.  Especially, more stolen guns.  I think it would be reasonable to have a law requiring gun owners to take reasonable precautions to secure their weapons from theft. Perhaps, guns left in an unoccupied car should have to be stored in a gun safe mounted to the vehicle frame. If that is too severe, then reasonable people should be able to come up with some law that puts some responsibility on the gun owner to make it less likely that their guns are stolen.  Support for the second amendment should not mean that this obvious problem cannot be addressed.

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Should the father of the Waffle House shooter be liable? Lawsuit filed.

by Rod Williams, July 12, 2018 - Shaundelle Brooks, the mother of one of the victims of the Waffle House shooting filed a $100 million wrongful death lawsuit yesterday against the shooter, Travis Reinking, and his father, Jeffrey Reinking.

On April 22 at 3:24 in the morning Jeffrey Reinking pulled up to the Antioch Waffle House in his pickup truck and fatally shot two people outside the restaurant with an AR-15 type rifle, then entered the restaurant and  gunned down other patrons, killing at least one person. One patron who was wounded in the shooting  later died at the hospital.

Twenty-nine year-old James Shaw Jr. was dining at the Waffle House at the time and when he saw Reinking struggling with the rifle at one point, Shaw rushed Reinking and wrestled the weapon away him and tossed it over the restaurant’s counter, no doubt saving many lives. James Shaw was a hero.

Reinking was wearing a green jacket and was otherwise naked at the time of the shooting.  He fled the scene on foot naked, dropping the green coat he was wearing. A manhunt ensued and Reinking was captured the next day.

Reinking who was from Illinois and had recently moved to Nashville. In Illinois, to own a firearm, one must have a firearm owners identification card. which at one time he did.  However, in 2017 he had  his weapons removed from his possession, including the weapon used in the Waffle House shooting, following an arrest by the U.S. Secret Service for being in a "restricted area" near the White House. He told the Secret Service he wanted to set up a meeting with the president. 

The county sheriff of the county in which Reinking resided took the guns from Travis and gave them to Reinking's father who had a valid firearm owners identification card. Travis Reinking's firearm identification card was revoked. The father was advised that he needed to keep the weapons secure and away from his son. Unfortunately, Reinking's father soon returned the weapons to Reinking. Doing so, may have violated federal law but he has not been charged with a crime.

In addition to the arrest by the Secret Service, there were other indications that Jeffrey Reinking was a nut-case. He had previously been arrested for showing up at a public swimming pool in a pink dress and exposing himself.  Another bizarre behavior was that he had told people that he was being stalked by Taylor Swift.  He once was arrested for threatening someone with a weapon. He was fired from his job in Nashville after telling co-workers that people in the company were out to get him and exhibiting what his boss called paranoid behavior. 

Daniel Horwitz

The attorney representing Ms Brooks in the case is Daniel Horwitz. "Let this lawsuit serve as a stark warning: If you entrust someone that you know to be both dangerous and mentally unstable with one of the most efficient purveyors of death in modern society, you will be held personally accountable for the consequences," Horwitz said in a statement.

I know that some supporters of gun rights will no doubt be rooting for Mr. Jeffrey Reinking in this case. Not me. I support the Second Amendment, but at a minimum, I agree that if you give someone who is dangerous and mentally unstable a weapon and they kill people with it, you should be held personally liable.

How far we should go in this direction, I am not sure. If a parent leaves a gun unsecured and his teenage child takes the weapon and shoots up a school killing classmates, should the parent be liable? I don't know but I am open to listening to the arguments and thinking about it. 

Given the number of mass shooting in the last few years, I think something needs to change. I oppose gun registration or banning guns. I do not want to repeal the Second Amendment or ignore it.  I also do not want to trample the rights of someone who may be accused of being mentally ill.  If one is too mentally ill to own a gun, they are too mentally ill to vote or drive a car.  Those accused of being mentally ill should not be deprived of their rights without due process. However,  Jeffrey Reinking should not have been able to possess a weapon and his father should pay a price for giving his obviously troubled son the weapon he used to commit this mass murder.

For the Tennessean.s report on this development, follow this link. 

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Police promise to arrest violators of gun ban at Tennessee Valley Fair

No one had been threatened with arrest for violating Knoxville's ban on firearms at the Tennessee Valley Fair, so Second Amendment activists on Tuesday sought out the threat. And they got it, from the Knoxville Police Department's deputy chief of patrol, Monty Houk, as they stood outside a gate leading to the fairgrounds.

Seven members of the Tennessee Firearms Association gathered outside Gate 8 at East Magnolia Avenue and Beaman Street about 6 p.m. to obtain a promise of arrest in order to garner standing for a lawsuit. The group has already filed a lawsuit against a ban on carrying guns at the fairgrounds but wanted to bolster its case.

"It looks like the judge is going to throw (the lawsuit) out because no one was thrown out of the fair," said Raymond Bergeron, a Heiskell man who has fought for years for legislation expanding the rights of handgun carry permit holders.

Bergeron and his wife, Kimberly, asked Houk specifically what would happen should the permit holders try to enter the fairgrounds while armed. Raymond Bergeron, 61, was armed at the time. His wife was not. Both had their $10 entry tickets in hand.

Both, Houk assured them, would be subject to arrest on a charge of criminal trespassing should they violate the gun ban. TFA members shot video of the exchange.

With that, the members of the association thanked Houk for his time, thanked him for the job he did, wished him well and ended the conversation. They got what their attorney had told them they needed to satisfy Knox County Chancellor John F. Weaver's questions regarding whether their lawsuit had been filed by an injured party.  - KnoxvilleNews Sentinel

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Nashville judge throws out fairgrounds gun show lawsuit

The Tennessean - Davidson County Chancellor Carol McCoy, in a ruling from the bench, granted Metro’s motion to dismiss the case and denied the motion of plaintiff David Goodman of Bill Goodman’s Gun and Knife Shows for injunctive relief. Goodman had requested that the court order the Metro fair board to block off weekends next year when gun shows at the fairgrounds had previously been scheduled. ... McCoy said that Goodman does not face immediate and irreparable harm to warrant an injunction and also lacked standing to bring the lawsuit .... “I cannot find that there is a right to contract with Metro,” McCoy said. (link)

My Comment: While my sympathies are with Goodman, I am not surprised or outraged by this ruling.  I am not a lawyer but I thought the Goodman argument was weak from the very beginning.

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The 2nd Amendment is Homeland Secuity rally July 2.

From Nashville Tea Party:

Join Country Music Super Star Larry Gatlin and WWTN Host Ralph Bristol on Saturday July 2nd to celebrate America and proclaim our right to self-defense. "The 2nd Amendment is Homeland Security" rally will feature great music by Larry Gatlin, Taylor Bennett, Adam Pope, political candidate and organization booths where you can talk to your favorite candidates and groups. Come together with like minded patriots and join us for a great celebration.

Mark your Calendars, Save the Date: Saturday, July 2nd at 10 AM

Location: Charlie Daniels Park, MT Juliet, TN Map Link. 

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Corker: We can protects due process rights and keeps guns out of terrorist hands

By Melanie Hunter, CNSNews.com, June 27, 2016- Sen. Bob Corker (R-Tenn.), chairman of the Foreign Relations Committee,  told CNN’s “State of the Union with Jake Tapper” that Congress can still pass a bill that “protects 2nd Amendment rights” and keeps guns out of terrorist hands.

Tapper asked Corker about a gun control bill introduced by Sen. Susan Collins (R-Maine) last week after four other gun control bills were defeated along party lines. Collins’ bill would ban people on the government’s no fly list from buying guns. The bill fell shy of the 60 votes needed to advance it. Only eight Republicans voted for it, and Corker was not one of them.

Opponents of the bill were reportedly concerned about due process. They objected to the government being able to block the sale of a weapon without first demonstrating probable cause to a judge that the person trying to buy the gun was a terrorist. .... Corker said a gun control bill introduced by Sen. Ron Johnson (R-Wis.) seems like a better option, because it doesn’t have the same due process concerns that the Collins bill does. (link)

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All four gun control measures fail in the Senate. See how Alexander and Corker voted.

Following the terrorist attack in Orlando, Democrats and liberal media attempted to use the tragedy to advance gun control. Senate Democrats held a 15-hour filibuster to bring gun control bills to a vote.  Republicans allowed the bills to come to the floor but the outcome was pretty much known in advance.   There were four bills addressing the topic of access to guns and all of them failed. Nothing was accomplished. Below is a summary of what was voted on:

• Sen. Chuck Grassley (R) sponsored a bill to add funding to the FBI’s existing National Criminal Instant Background Check System (NICS). It failed by a vote of 53 to 47, needing 60 votes to pass.
• Sen. Chris Murphy (D) sponsored a bill to close the so-called "gun show loophole."  It would expanded the requirement to do a background check to individuals who sell guns to each others. That failed by 44 to 56.
•  Sen. Dianne Feinstein (D) sponsored a bill that would  block gun purchases for buyers who show up on some government  no-fly list or other watchlist. It failed by a voter 47 to 53.  In my view this was the most dangerous of the bills.  With no accountability, the government could put your name on a list and take away your 2nd amendment rights.  Names are put on list in secret and you are not even notified your name is on a list.  This bill essentially denied due process and would be a great tool to abuse. The American Civil Liberties Union has long complained about the credibility of the FBI database and argued that individuals such as former Sen. Ted Kennedy, D-Massachusetts, were at one time on the watch list. The ACLU also said the database is “unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error.” Some people end up on the watchlist simply because they make an error and attempt to use and expired credit card to buy an airline ticket. It is a total mystery why some people end up on the watchlist.  In December 2014, there were 80,0000 people on the consolidated watchlist.
• Sen. John Cornyn (R) had a bill that would delay a gun purchase when a buyer's name showed up on a watchlist.  There would be a three day waiting period during which time  prosecutors could make a case to a judge that the person is an actual threat and the purchase should be delayed until the government conducts an investigation. Should a judge find probable cause to detain the person, the person could be detained.  This seems like a reasonable bill.  It preserves due process and actually requires that the  person attempting to purchase the gun be investigated and calls his attempted purchase to the attention of the government, while all the Feinstein bill would do is simply stop the purchase. The Fenstein bill would not trigger an investigation. Unfortunately this bill also failed by a vote of 53 to 47. It needed 60 votes to pass.  Several noted conservatives such as Ted Cruz voted for this measure

Senators Lamar Alexander and Bob Corker vote for bills one and four above and against bills two and three. Most votes were along party lines with Republicans voting for one and four above and Democrats voting against them, and Democrats voting for bills two and three above and
Republicans voting in opposition. For more on this issue see this link,  this link, this link,  and this link.

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