Category Archives: Gun Issues

Nevada Ballot Questions 2016: Number 1 Common Sense Gun Safety

Question One on the November 2016 ballot shouldn’t be there… that is, the issue should have been taken care of by the State Legislature.  It wasn’t, so here we are doing it the hard way. The initiative provides:

“The measure, upon voter approval, would require that an unlicensed person who wishes to sell or transfer a firearm to another person conduct the transfer through a licensed gun dealer who runs a background check. A licensed dealer may charge a “reasonable fee” for his or her service. If the measure is approved, those found to be in violation of the law would be charged with a “gross misdemeanor,” which could result in a $2,000 fine, up to one year in prison, or both, depending on the results of a trial by jury.

The measure exempts certain transfers of firearms from background checks, including transfers between immediate family members and temporary transfers while hunting or for immediate self-defense.

Supporters refer to the measure as The Background Check Initiative.As of 2014, firearms could be sold by individuals via advertisements and at gun shows without requiring purchasers to undergo background checks.” [Ballotpedia]

Ammosexual It didn’t take long for the NRA hysterics to go ballistic.  Look for the Code Words:

“This November, Nevadans will have the opportunity to vote down this unnecessary and unenforceable proposal which Governor Sandoval already vetoed in 2013.  Bloomberg’s NYC propaganda may say this is a gun safety measure, but we all know that this measure has nothing to do with safety or addressing crime and would only impact law-abiding Nevadans.  It’s important that Nevadans stand up for their rights and not let New York City money influence the future of Nevada!”

There they go again.  “Unnecessary and unenforceable,” is an interesting bit of sloganeering, which doesn’t come close to the rational .  We have laws on the books to criminalize robberies – but robberies still take place.  That doesn’t mean that our statutes on robbery are unnecessary because they are “unenforceable.”  And then there’s this:

“The exceptions are incredibly narrow and could turn an otherwise law-abiding person into a criminal, unknowingly.  For example, a firearm can be borrowed to shoot at an established shooting range; however, that same activity away from an established range such as BLM land is not authorized and would constitute an illegal transfer.” [NRA]

Reading comprehension is tricky but the opponents obviously didn’t get the part about “temporary transfers,” so if we’re out hunting and I hand you my gun, this doesn’t constitute a transfer in the legal sense of the initiative.  All this folderol is followed by the usual Faint of Heart Lament “the criminals will ignore it so we can’t do anything.”  Once more,  extrapolating this to its obvious conclusion would pretty much eliminate section 205 of the Nevada Revised Statutes – the ones defining criminal behavior.  We enact statutes like those attempting to curtail credit card fraud, identity theft, and burglary. Thus, we can enact a statute to curtail the unlawful transfers of dangerous firearms.

Straw Man The Straw Man Cometh.  The NRA and ammosexuals argue that the law would be unenforceable without registration, and registration is unconstitutional, un-American, un-holy or whatever.   So, they contend that this is a stalking horse for “gun registration” which leads to “gun confiscation” which leads to the “new world order,” and “tyranny.”

Excuse me while I take a breath.  There is no way to argue an irrational person into rationality.

The Anti-Urbanity Contingent arrives.   It is a “Bloomberg” idea, it comes from New York City. It’s evil?  It’s “New York Values?”  There’s a long and unhealthy anti-urban sentiment that goes back to the popular fiction of the 19th century.  This bit of pure propaganda would have us categorize other New York City inventions as indicative of New York Values, and the Evil City – for example: The Teddy Bear, Mr. Potato Head, Waldorf Salad, and Pizza?  [nyc]  Oh dear, those Teddy Bears might remind children of the story about President Theodore Roosevelt once refusing to shoot a bear because it was tied to a tree. [TRAssoc]

The origin of an idea is immaterial, and relevant only so far as it suggests (but doesn’t prove) some nefarious connections to the irrational fear of something or another.  Nevada statutes are clear about those the state doesn’t want to possess firearms:

Felons. Yes, there are some hysterics who do argue for the “right” of a felon to possess firearms. However, this fringe is fighting against a tide that’s been washing ashore since the 1920s.

Drug Addicts.  I am interested to hear from anyone who believes that a drug addict should be able to upgrade his capacity to steal to support his habit by moving up from burglary to armed robbery.

Fugitives. Again, does the NRA advocate that fugitives, especially those who have graduated to having their pictures up on police bulletin boards and post office displays, have a “right” to possess a firearm?

Adjudicated Mentally Ill.  It seems to me that the cry from the ammosexuals has been that most mass shootings in this country are accomplished by those few who are seriously mentally ill, and constitute a danger to themselves and to the public at large.  

Persons who are unlawfully or illegally in the United States.  I have met a couple of people whose pro-gun enthusiasm is exceeded only by their anti-immigration views.  I wonder if they want “aliens” with guns?

Now, here’s the question: How can we prevent the felons, the fugitives, the drug addicts, the adjudicated mentally ill, and the undocumented from obtaining firearms — IF we don’t adopt a universal system of background checks?  The anti-Question One crowd renders unenforceable the very statutes we rely upon to prevent the dangerous from obtaining the lethal.

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They’re Back! Ladies vie for Official Nevada Embarrassment Title

Angle 2016

Just in time for political silly season in Nevada! Sharron Angle, Our Lady of Perpetual Campaigning, is pleased to tell one and all in 8 minutes and 41 seconds, how she’d be a great candidate for Nevada’s U.S. Senate seat.

Perhaps we can get a repeat performance of some of Angle’s classics:

“You know what I’m talking about. You’re paying for things that you don’t even need. They just passed the latest one, is everything that they want to throw at us now is covered under ‘autism.’ So, that’s a mandate that you have to pay for. How about maternity leave? I’m not going to have any more babies, but I sure get to pay for it on my insurance. Those are the kinds of things that we want to get rid of.” –Sharron Angle, mocking the notion that health care coverage for autism treatment and maternity leave should be mandated, 2009 Tea Party rally”  [Phumor]

Or this:

They [Republicans] say, ‘You’re too conservative.’ Was Thomas Jefferson too conservative? I’m tired of some people calling me wacky.” –Sharron Angle, March 21, 2010”  [Phumor]  Maybe if she’d stop saying wacky things people might not comment on it?

Fiore Mag

If this isn’t enough fun – welcome back Michele Fiore, the Bundy Babe from southern Nevada.  There’s always her classic comment about guns on campus: “If these young, hot little girls on campus have a firearm, I wonder how many men will want to assault them,” she told the New York Times. “The sexual assaults that are occurring would go down once these sexual predators get a bullet in their head.” [WaPo]  Nice, for a candidate from Congressional District 3? [h/t Crooks and Liars]

Who’s the best qualified as the Official Embarrassment of the Silver State?

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Birds of a Feather in the Refuge

Wampler “Birds of a feather, flock together.” So sayeth all grandmothers offering advice about the accumulation of friends and acquaintances.  For all the palaver about a “peaceful” occupation of the Malheur Wildlife Refuge from the Bundy Boys, they’ve kept company so far with the two notorious cop-killers in southern Nevada, and now it comes to light they have an armed felon in their midst.

Neil Wampler, California patricide, “…Wampler was a ubiquitous presence at the start of the occupation, often seen roaming the compound and talking to reporters. He said he drove to Oregon from his home near San Luis Obispo after seeing an online call for people to support the cause in Burns.” [Oregonian]  And, yes, by his admission, he’s armed.

Little wonder Mr. Wampler’s concerned about gun rights, as a convicted felon (2nd degree murder of his father during a drunken fight) Mr. Wampler doesn’t have any.   As a convicted felon he is prohibited from firearm ownership in California, and in Nevada, and in Oregon.   Mr. Wampler doesn’t agree, however:

“California and federal law generally prohibit felons from possessing firearms. Wampler told The Oregonian that he can legally possess a gun. Cipolla, the San Luis Obispo Sheriff’s Office spokesman, said Wampler cannot have a gun because of his murder conviction.” [Oregonian]

Thus we can assume that Mr. Wampler is a law unto himself; if he says his criminal record doesn’t prohibit his gun toting, then his sovereignty must be respected? This position seems to capture the sovereign notion that the law applies to thee but not to me.  And, Mr. Wampler isn’t the first of the Malheur Loons to make threats, he just seems to be the most recent:

“We are peaceful people, I certainly am,” he says. “And the only circumstance, the last extremity, I think that any gunshots would be fired is if the federalists tried to root us out of here. They would find out then, that we are not playing. We’re not gonna give an inch. And I say that very seriously.” [Oregonian]

Shorter version: If the authorities try to make us leave the Refuge we’re going to start shooting people, even if we Loons have worn out our welcome in the county. [Oregonian]

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Profiles in Cowardice: GOP Soft on Terrorism

Gun Congress I should have known, given that Senator Dean Heller’s last campaign material came from the National Shooting Sports Foundation, that he’d cave to NRA radicals on the following bit of legislation: S.Amdt. 2910 to S.Amdt. 2874 to H.R. 3762

All those links refer eventually to a simple amendment —

“To increase public safety by permitting the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected dangerous terrorists.” {Sen}

And, how did the junior Senator from Nevada cast his vote?  Here’s the roster from vote # 319 —

Heller Terrorist Vote 319That’s right – all those “Nay” votes were to prevent the Department of Justice from refusing to approve gun sales to those on the Terrorist Watch List.  In other words, spoken so often in the last 48 hours, Senator Heller doesn’t want terrorists flying but he evidently has no problems allowing them to waltz into a gun store and loading up on – say,  “1600 rounds of ammunition, another 4,500 rounds ‘at home,’ two assault rifles and two semi-automatic handguns.” [ABC]   

“Senators will need to decide where they stand. Or do they stand with the NRA?” Reid said on the Senate floor Thursday, declaring that the Senate had been “complicit through our inaction” in the 355 mass shootings that have taken place in the United States since the start of the year. “Those who choose to do the NRA’s bidding will be held accountable by our constituents.” [WaPo]

That pretty well sums it up.

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Blood Money and Nevada Politicians

blood money Indeed, it’s time to “politicize” the gun violence issue in this nation; and, it should be done in this election cycle.   The top “gun rights” advocacy groups in terms of money spent on candidates are: (1) The National Rifle Association, which spent $952,252 during the 2013-14 season; (2) Safari Club International, which spent $694,640 during the same period; (3) Gun Owners of America, $270,157; (4) National Shooting Sports Foundation, $169,250; (5) The Ohio Gun Collectors Association, $35,500; and, (6) The Dallas Safari Club, $9,250.  [OpenSecrets]  And now – Who has been collecting some of this money in Nevada?

Contributions from all cycles to date as reported by the Center for Responsive Politics show:

Senator Dean Heller (R-NV) $101,565

Representative Joe Heck (R-NV) $31,415

Representative Mark Amodei (R-NV) $25,765

Representative Cresent Hardy (R-NV) $1,000*

During his 2012 election campaign Senator Heller was presumably pleased to have five contributions from the Safari Club International totaling $6,000. [FEC]   FEC records show more recent money coming into the Cresent Hardy* (R-NV4) campaign from pro-gun sources: there was a $1,000 contribution from the National Rifle Association Political Victory Fund on June 19, 2015, and a $2,000 contribution from Safari Club International on June 30, 2015. [FEC]

Representative Mark Amodei (R-NV2) collected $2,000 from the Safari Club International (6/22/15) thus far in the 2016-2016 season; he collected $2,500 from the National Rifle Association on 9/15/14, $1,000 from the National Shooting Sports Foundation (9/22/14), and $1,000 from Safari Club International on 6/21/13.  The gun lobby was generous to Representative Amodei in the 2011-2012 season as well, with three contributions (8/1/2011) (12/20/2011) (7/27/2012) totaling $4,000 from the National Rifle Association.  Then, he received four more contributions from Safari Club International for $1,000 (8/9/2011) another $1,000 (3/19/2012), a boost of $2,000 (2/4/2012) and yet another $1,000 late in the season (9/8/2012).

Counting

While the politicians were collecting contributions from the pro-gun organizations, the CDC reported 16,121 homicides in the US in 2013 of which 11,208 were attributable to firearms. [CDC] As of 2011, the CDC reported, there were 41,149 suicides in this country, of which 21,175 were attributable to firearms. [CDC]  Worse still, we’re not even sure exactly how many children we’re losing every year to gun violence. [WaPo] [NYT] As close as we can infer is that between 2007 and 2011 an average of 62 children under the age of 14 were accidentally shot and killed each year. This is probably, as the Post pointed out, an undercount. [ERorg.]  The politicians collect more contributions, and the count rises.

Counting is important because the gun violence argument is becoming entangled in the differentiation between causation and correlation.  Gun fetishists will be delighted to find that FactCheck is criticizing one of the President’s recent comments about gun regulation and death rates as not being one of causation. No one appears to be disputing the correlations.  What’s interesting is that the original comment, “states with the most gun laws tend to have the fewest gun deaths” doesn’t seem to imply a causal relationship (or even a near perfect positive correlation of .98)  Perhaps for the purists, he might have expressed it as: “There appears to be a correlation between the efforts of a state to enact and enforce gun safety legislation and a lower overall gun violence death rate.”

Additionally, as the FactChecker points out counting suicides and accidental gun deaths is problematic because we lack a standard reporting system, an issue which muddies the clarity of statistics on accidents involving children as described in the links above.  Accurate information (data collection as in “counting” as accurately as possible) would also allow us to treat gun violence as a public health issue.  [Gupta CNN]

Counting and Will Power

If we go by the numbers, none of us can avoid the No. 1 cause of death until we reach 44 years of age – the heart disease and cancer causation kicks in. Unintentional injury is the leading cause for those aged 1-44.  However, when we look at the second leading cause of death in those between the ages of 15-35 it’s suicide, and the third leading cause is homicide.  [CDC]  Surely, if we have these kinds of statistics before us we can observe a public health issue of the first water.

Consider for a moment: Tuberculosis, Pneumonia, and Gastrointestinal infections were leading causes of death in 1900; in 2010 the leading causes were heart disease and cancer. [I09]  We treated TB, Pneumonia, and gastrointestinal infections as public health problems, studied causes, promoted research to find preventative measures and cures, and made a political decision that we would address these three killers with the funding and resources to defeat them.  However, as long as the merchants of lethal weapons continue to pay off politicians, and dispute even the most common sense elements of a potential solution, and won’t even consider funding basic research … our public health problem will persist as a matter of ill-advised political policy.

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I’m Tired: Of Defeatist Gun Glorifiers.

Blood splatter Another week another mass shooting, and yet another round of the old tired clichéd talking points from the defeatist – demoralized – ammosexuals. 

#1.  “Oregon has strict gun safety laws and the incident happened in Oregon, therefore gun laws don’t work.” No matter how many times another state or municipality is inserted into this framework it’s still the southbound product of a northbound bull.    Not sure? Go to this report of a study of the subject.

#2.The shooter was a ___________”  Another dropping of “product.”  I don’t care if the shooter was a bright green aubergine striped believer in the Great Pumpkin.  The shooter was able to secure lethal firepower all too easily and the entities which allowed him to do so are not held accountable in any meaningful way.

#3.It’s the parent’s responsibility to instruct and acculturate their children.”  Yes, and too many have decided on instructing children in the use of firearms without teaching the elements of responsibility thereof and  have begat another generation, some members of which think using a firearm is a way to vent, rage, and settle domestic disputes.  Again – more bull “product.”

#4.  “Banning guns leaves citizens unprotected.”  More male bovine “product.”  Really? Unprotected from what? Criminals? A gun in the home is more likely to be used in a crime, an accident, or a suicide than it will be to protect the Castle.  Need some real information? Try here.

#5.The shooter was mentally ill.”  This piece of “product” usually comes up when the shooter is a white male.  (Other shooters are Black (thugs), Muslim (terrorists) or if brownish (Un-American.)  So, I ask, what was a mentally ill individual doing with a lethal weapon?  Did a parent allow access? Did a store fail to run a background check? Did a private seller not perform due diligence?  Did the state legislature decide that only those who have been adjudicated mentally ill would be precluded from obtaining lethal weapons?

Ok, enough of the NRA publicity points, enough southbound product of northbound bulls.  We can, and should, make every effort to make our country safer.  We will never achieve perfection, but if we listen to the demoralizing, defeatist ammosexuals we’ll never even try.  We can do something:

  • Require universal background checks for firearm purchases. All firearm purchases.
  • Legislate to limit the practice of straw purchases of firearms.
  • Legislate to limit the amount of purchases.  One gun per month seems reasonable.  A person would have every right to purchase guns, just not all at once.
  • Limit the magazine capacity. 
  • Ban the sale of assault rifles.  Soldiers need them, civilians don’t.
  • Keep firearms out of the hands of domestic abusers and stalkers.
  • Fund and assist scientific studies into the causation and effects of gun violence.
  • Repeal liability immunity for gun manufacturers, in short make them as responsible for their product and any other manufacturers.
  • Enact safe storage laws.
  • Pledge to vote against any politician supported by the NRA, the Shooting Sports Foundation, Gun Owners of America, or any other manufacturing lobby promoting the sales of lethal weapons in this country.

If the defeatist, demoralizing, gun enthusiasts want to keep spouting their talking points, want to keep making excuses for doing nothing – fine, however I’m tired of their defeatism, their demoralization, their ranting, and their irrationality.  We cannot achieve perfection, but we can certainly do something to make this country and its citizens safer.

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Nevada’s Unfortunate Export

Guns In the last published annual report from the Nevada Department of Corrections FY 2013 (pdf) we discover that 24.87% of the men admitted into the Nevada prison system were being incarcerated for drug related offenses. Property crimes accounted for 24.24% of the admissions, sex crimes for 7.91%, and crimes of violence 36.79%.  DUIs and “other” accounted for approximately 6.2%.  Various trafficking crimes are included in Category A and Category B felony provisions in Nevada. 

A person can get into major trouble under Nevada law, as in Category A felony categorization territory, for trafficking in Schedule I drugs (28 grams or more) or trafficking in Schedule II drugs (400 grams).  Trafficking in persons is covered in Category B felonies, carrying penalties of from 1 to 20 years.  Sex trafficking can yield sentences between 3 to 20 years, with no probation or suspended sentences if the conviction involves a child.  What kind of trafficking won’t get a person into the Nevada prison system?

Gun trafficking.   Nevada does have some statutes pertaining to the transfer and sale of firearms. NRS 202.310 does provide that: “Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.”  We might want to come back to this provision sometime to discuss what constitutes “recklessness” in this instance, but for now it’s enough to know that it is unlawful to sell a gun to someone under the age of 18 without parental supervision.  There are other classifications of persons to whom firearms shall not be sold in this state.

NRS 202.362  Sale or disposal of firearm or ammunition to certain persons prohibited; penalty; exceptions. 1.  Except as otherwise provided in subsection 3, a person within this State shall not sell or otherwise dispose of any firearm or ammunition to another person if he or she has actual knowledge that the other person:  (a) Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;  (b) Is a fugitive from justice;  (c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or (d) Is illegally or unlawfully in the United States.  2.  A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. (emphasis added)

The requirement that the seller have “actual knowledge” of a person’s status with regard to a gun sale, obviously the “knowledge” of a seller is diminished by the fact that Nevada doesn’t require universal background checks, but the “actual” knowledge is further restrained by the fact that Nevada applies no penalties to those who lie in order to purchase guns.  Washington, Oregon, and California have criminal penalties for “buying a gun  using false information,” Nevada does not. [TTG] [Wash. 9.41.113] [Oregon 116.470] [AG CA pdf]

Indeed, Nevada has NO statutes which establish criminal penalties for buying a gun on behalf of someone who may not legally purchase one otherwise;  as seen above, the individual who buys the gun may be prosecuted but not the seller.  Nevada has NO statute(s) preventing someone from selling a firearm to some buyer who has a record of serious misdemeanors – only felonies will do.  And, since Nevada has no universal background check law there are no criminal penalties for selling a firearm to someone without having made a proper background check.  The result of all this?

As of 2009, Nevada had the 9th highest rate of “crime gun exports” in the country.  making Nevada a “net exporter” of guns used in serious crimes in other states – 781 such guns were imported into Nevada and 808 were “exported” to other states.  [TTG]  But! 204 crime guns came from California. Yes, and California has a total population of 38,802,500 while Nevada has 2,839,099. [Census] We have 7% of California’s population and we’re doing more than our share of exporting weapons used in crimes.

Making gun trafficking even more likely is the simple fact that Nevada has no restrictions on the sales of multiple guns. [SGL]  We know the exportation of “crime guns” drops when restrictions are placed on multiple sales because it worked in Virginia between 1993 and 2012. During that period Virginia imposed its “one gun per month” rule, and the odds the gun was purchased in that state (as compared to other southeastern states) dropped by 71% of guns recovered in NY, 72% for guns recovered in Massachusetts, and 66% for guns recovered in NY, NJ, CT, RI, and MA combined. [SGL]

Nevada would be a much better neighbor if the next session of the State Legislature would give serious consideration to:

  • Imposing criminal penalties for buying firearms for individuals who are not legally allowed to possess them.
  • Imposing criminal penalties on those who seek to purchase firearms in this state who provide false information to the seller.
  • Requiring universal background checks for the sale of all handguns.
  • Imposing criminal penalties for those who deliberately sell firearms without conducting a background check on the purchaser.
  • Limiting the number of firearms which can be purchased in any single transaction.

Trafficking guns should at least carry some of the same penalties we apply to those entering our prison system convicted of drug and sex trafficking?

References: Department of Corrections, State of Nevada, “Annual Statistical Abstract” (pdf) FY 2013.  Category A felonies, NV Legislature, (pdf), Category B felonies, NV Legislature, (pdf); Category C felonies, NV Legislature (pdf); Category D felonies, NV Legislature, (pdf); Category E felonies, NV Legislature (pdf); Nevada Revised Statutes 202;  Office of the Attorney General, State of California, “California Firearms Laws Summary,” (pdf);  Law Center to Prevent Gun Violence, “Multiple Purchases, Sales of Firearms Policy;”

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