Tag Archives: gun issues

They have nothing: The GOP and Modern American Life

Black Hole Answer: They have nothing!  Question: What does a political party do when it has failed to research, compile, and publicize a platform of policy proposals addressing American issues?  What’s happened to the Republican Party?  There area clues.

They fall back on old issues, pounding away at uninspired and unoriginal grandstanding rhetoric as if the grandstanding were an alternative in itself.  Witness the latest “vote” to repeal the Affordable Care Act.  The only alternative proposal in the hopper is Coupon Care or “Voucher Hospital,” which didn’t withstand scrutiny for the last several rounds.  The Republicans talk as if the extension of family benefits for children up to age 26 can be maintained, or the provisions disallowing elimination of insurance for pre-existing conditions can be continued, without sending the whole system into a downward spiral – unfortunately for the GOP, the system IS working.  However, that didn’t stop one more amendment to:

To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 entirely,” from hitting the floor of the U.S. Senate for another vote.  [rc 253]

You read that correctly – the Senate Republicans wanted to repeal the ACA entirely – repeal the prohibitions on refusing insurance for pre-existing conditions, repeal the insurance for young people who stay on their parents’ policies until 26, repeal  the prohibition of arbitrary rescission of coverage, repeal your guarantee of a right to ask that your insurance plan reconsider a denial of payment.  Repeal prohibition of that bogus insurance that put limits on lifetime coverage; repeal the review of premium increases; repeal the provision that at least 80% of what’s paid in for premiums must be used to pay for medical treatment.  Repeal preventive health care; repeals insurance company barriers to emergency services…. [DHHS]

It’s been five years since the Affordable Care Act and Patients’ Bill of Rights became law.  Meanwhile, the Senate tried once again to repeal the ACA and Patients’ Bill of Rights “entirely.”   Who were the 49 Senators who voted for repeal?

ACA repeal vote senate 2015And, so Senator Heller, exactly what do you propose to replace the measure which has added  16.9 million more Americans to the number of those with health insurance? [Forbes]  Spare us the vague rhetoric about “free market solutions,” or “protecting individual choices,” or “big government intrusion into American lives.”  Those 16.9 million people aren’t rhetorical place-holders, they are real Americans who want real health insurance – so, what’s your plan?  Crickets.

We can expect more rhetoric about abortion! about immigrants! about Tyranny! about anything EXCEPT those issues which should be attracting our attention, and precipitating practical remedies.

They avoid rational responses to current policy issues(1) What do we hear from our Republican representatives and officials about gun violence in America?   Reaction to the Charleston, Chattanooga, and Lafayette shootings have drawn the same old responses we heard after the IHOP shooting in Carson City, NV,  the VA Tech shooting, the Aurora Theater shooting….  The Republican response has been little more than a recitation of NRA talking points which conveniently boil down to we can’t do anything about the proliferation of guns because: 2nd Amendment.

So, they talk about “mental health,”  but between 2009 and 2011 the legislatures of 34 states cut funding for mental health care services by a total of $1.6 billion.  Some House Republicans tried to bring a funding bill to the floor last January, but as with most legislation in the GOP controlled House it got chopped into bits in the hope that some portion of it could survive. [TheHill]

It’s instructive to note that Representative Murphy introduced his bill (HR 3717) in December 2013, and it bounced around committees until a last subcommittee hearing in April 2014. [Cong]  Then came the portion of the program known as Dueling Bills, the GOP version (HR3717) vs. a Democratic party member sponsored HR 4574 – and the fight was on concerning funding for substance abuse treatment, and treatment under Medicaid, and for veterans.  [NAMI pdf]

Less rationally, Republicans tell us that our personal safety is an individual responsibility and we’d all be safer if we went to the restaurant or theater with weapons.   Former Texas governor Rick Perry:

“I will suggest to you that these concepts of gun-free zones are a bad idea,” Perry said. “I think that you allow the citizens of this country, who have appropriately trained, appropriately backgrounded, know how to handle and use firearms, to carry them. I believe that, with all my heart, that if you have the citizens who are well trained, and particularly in these places that are considered to be gun-free zones, that we can stop that type of activity, or stop it before there’s as many people that are impacted as what we saw in Lafayette.”[CNN]

And who might these “backgrounded” appropriately trained, knowledgeable, people be?  In a dark theater… and how many of these “backgrounded,” trained, knowledgeable people will it take to create complete chaos? And, more casualties?  Are we willing to create the possibility that our schools, churches, and theaters could become shooting galleries?

(2) What do we hear from the Republicans about terrorism?  Plenty, as long as we’re speaking of ISIS or Muslims.  Not so much if we’re speaking of the home grown variety.   The propaganda wing of the GOP can’t seem to remember any reports of domestic terrorism which can’t be attributed to Muslims.  Interesting, because in September 2011 the FBI released its warning about the Sovereign Citizens and their form of domestic terrorism.  The timing is important because by June 2011 the Department of Homeland Security had eviscerated the analytical unit that produced their report on domestic terrorism including white supremacist and Christian Identity activities. [WaPo]

“Last night, a shooter who held white supremacist and extreme anti-government, anti-feminist views “allegedly killed two people and wounded nine others who were watching the new comedy ‘Trainwreck,’ a film written by and starring the feminist comedian Amy Schumer.”  As the Southern Poverty Law Center pointed out in wake of the Lafayette, Louisiana, shooting, “in the last five years, an attack from the radical right was carried out or thwarted on average every 34 days and that the overwhelming majority of those attacks, 74 percent, were carried out by a single person, or a group of no more than two people.” [RRW]

We might add that two individuals associated with right wing extremism assassinated two police officers in Las Vegas in June 2014, and draped the Tea Party flag over one of their bodies. [ABC]  

The Republican formula “Say No Evil” about radicalized anti-abortionists, anti-immigrant, anti-integrationists, may work well in fund raising e-mails about Tyranny In America! or, Big Brother, or whatever the fear du jour may be, but it’s obviously NOT helping track the lone wolves who shoot police officers, or threaten to shoot BLM employees, or shoot patrons in movie theaters.

(3) What happened to that Comprehensive Immigration Bill?  A comprehensive immigration policy reform bill passed the U.S. Senate in June 2013. [NYT]  More specifically that would be 760 days ago, or 108 weeks plus 4 days, and it’s politely referred to as Stalled.  The stall began in December 2013, as the House decided to go “piecemeal.” [MPI] As of February 2014 the Speaker was whining the House couldn’t pass the bill because it didn’t trust the President. [WaPo] However, in April 2014 the Speaker was mocking conservatives for blocking the bill. [WSJ]   By June 2014 Senators were blaming ultra-conservative members of the House for the Great Stall. [9News]  The calendar moved on to January 30, 2015 and the internal struggles of the House Republicans still kept the bill in abeyance. [MPR]

760 days, 108 weeks + 4 days, or 18,240  hours later, there is still no passage of an immigration reform bill in the House of Representatives – whole or piecemeal.

In this morass it may be counted as a minor miracle if Congress can manage to pass a relatively uncontroversial highway funding bill. [TheHill]

Once upon a time, not so long ago, Congress was expected to be filled with Republicans and Democrats who having different perspectives would file differing bills on the same general topics.  Compromises would be worked out among the ladies and gentlemen of the august legislative bodies, and conference committees would work out the differences between measures.  This requires that both sides bring something to the table.  How do we know the GOP isn’t packing anything in its collective briefcase?

When the highway bill comes up they want to “repeal Obamacare” just one more time, or when legislation stalls it is everyone’s fault and no one’s fault that we can’t seem to enact comprehensive immigration policy reform.  How many votes on various and sundry “anti-abortion” proposals has the House taken, instead of taking any votes on whether or not to have universal background checks for gun sales? 

How many hours has the House spent on the Benghazi attack compared to the number of hours it has taken testimony on the condition of our roads, airports, dams, and bridges?  How much time was expended dreaming up a bill to exempt veterans from the ACA and Patient’s Bill of Rights if those individuals already had “government” insurance? (A specious proposal if there ever was one.)

How much more time before the Republicans come to realize that most of the American public – that portion not infatuated with the celebrity bashing all immigrants – would very much like to see something accomplished. 

It’s hard to accomplish anything when what’s being brought to the table is essentially nothing.

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Filed under anti-immigration, Gun Issues, Health Care, health insurance, Heller, terrorism

Domestic Violence: When do the excuses stop?

Domestic Violence

This weekend a domestic violence issue in Texas transitioned into an assault on the Dallas Police Department. Early reports give every impression of a man, out of control in every way imaginable, extending his personal sense of outrage to his local law enforcement authorities.  “After the shootout at police headquarters, the suspect called 911 and gave a four- to five-minute rant, accusing of police of being to blame for him losing custody of a child,…” [CNN]

There was an incident in Montana last week that barely attracted much attention at all.  Augustine Bournes killed his wife and three children, June 11, 2015.  The children were all under the age of 6.  He set fire to their home, and then took his own life. [NYDN]   He was “anti-government and unhappy with his life.”  There’s a term for this pathology: Family Annihilators.  Pehaps the most tragic comment about the incident came from a relative: “People tried to tell him he needed to get help,” 35-year-old Starla Shannon said Wednesday. “He said he’d rather go to a vet than a doctor.”

There’s no question the Family Annihilators and the Public Attack Perpetrators are a distinct minority subset of those who commit or are involved in domestic violence.  However, they do set the peg for the extreme end of the spectrum.

The Excuses

Unfortunately for any rational discussion, the peg is inserted in swampy terrain, territory in which men are supposedly victimized by a culture that no longer provides Hollywood staple John Wayne-esque characters as role models (as if that were a model to be emulated), or fears of the expressions of male sexuality (as if ‘a little groping just happens naturally’ down at the garage), or Big Government obscures the origins of the “true source of oppression, (whatever in the world that might mean), or men’s natural expression of free speech is truncated by feminine criticism of those who don’t understand that ‘privilege’ begets a perspective which doesn’t necessarily include the lives of women or minorities.   There are other supposedly “pro male” excuses for male disaffection, such as the “lie” about equal pay; because it is said men work at more dangerous jobs? (Missing the point that the call is for equal pay for equal work, the last portion being conveniently omitted.

And then we get to the domestic arrangements – wherein women falsely accused men of rape, and women get the benefit of the doubt in court in terms of child custody and alimony or child support payments.

The Delusions

“There are people in every time and every land who want to stop history in its tracks. They fear the future, mistrust the present and invoke the security of a comfortable past, which in fact, never existed.” [Robert Kennedy, Chicago, 1963]

Okay, in 763 BC the Romans adopted the Law of Chastisement, allowing husbands to beat their wives, and in the 14th century the Church advised a little spousal abuse for her “spiritual improvement.”  However,  we also know that by 1600 there were shelters for women – they called them convents.  In 1871 both Alabama and Massachusetts declared wife beating a crime. [StM]   Thus, if a wife abuser is seeking a “comfortable past” be advised it hasn’t exists in the last 144 years.

Another useless excuse is that “they – meaning women – do it too!” The misogynists among us are fond of providing statistics which “prove” women are also engaged in spousal and domestic abuse.  The stuffing comes out of this straw man quickly.  No one is saying all spousal abuse is done by men – but a sizable proportion of it certainly is.

A study of the reports of intimate partner violence between 1994 and 2010 found that 4 out of 5 victims were female. [NDVH]  The American Bar Association’s study of domestic violence found that:

(1) “Access to firearms yields a more than five-fold increase in risk of intimate partner homicide when considering other factors of abuse, according to a recent study, suggesting that abusers who possess guns tend to inflict the most severe abuse on their partners.”

(2) “Of females killed with a firearm, almost two-thirds were killed by their intimate partners. The number of females shot and killed by their husband or intimate partner was more than three times higher than the total number murdered by male strangers using all weapons combined in single victim/single offender incidents in 2002.”

Therefore, we should rid ourselves of the delusions that (1) slapping the little lady around is good for them because the Romans did it; (2) it’s just as bad for men; and (3) a gun in the home will make things safer.

Home Not So Sweet Home

Nevada could do a much better job of preventing the instances of domestic and intimate partner violence, and violence against women and families in general. Our current statistics could use some improvement. The Nevada Network Against Domestic Violence reported that for 2014 there were 65,026 contacts; 40,927 were for the first time; 15,534 were repeats; and 8,565 were follow ups. 1,091 adults needed shelter for 22,040 ‘bednights.’ 1,178 children were sheltered for 26,390 bednights. Most of the adults sheltered were between the ages of 30 and 44. Among those sheltered 12,096 were Caucasian, 3,396 were African American, and 7,725 were Hispanic.  Those numbers provide some context for the trauma.  Other numbers illustrate the strain on the system

Law enforcement was contacted 12,999 times, arrests were made 6,830 times. In 5,589 incidents arrests were not made. Police reports were made 481 times, temporary orders of protection were issued 11,354 times.  There were 4,520 court appointments, and 18,540 individual counseling sessions.

Looking for Solutions

First, and foremost, let’s make an attempt to alleviate the problem of escalating domestic violence by enacting common sense gun laws.

Local law enforcement authorities should have the power to immediately remove firearms from any home in which they have been called to deal with an incident of domestic violence – for their own safety if nothing else. [TCJ] [KMGH]  And, for the safety of the spouses and children the firearms should be locked up in police custody during the period covered by an order of protection.

Background checks should be expanded to private and gun show sales, and should include any records of domestic violence, stalking, or harassment.  No firearms should be sold to any person who is currently under a restraining order – temporary or extended.

Funds should be appropriated to adequately staff those agencies which keep records of criminal behavior, including incidents of domestic violence, the adjudication of mental health status, and the approval of temporary and extended orders of protection.

The state should require that all firearms in a home be kept locked when not in the immediate process of being maintained.

If we can take some small steps to create a safer environment for women and children, then we can better consider how to develop strategies for improving our society.  It would be helpful if we’d think beyond the extreme forms of firearm violence (Columbine, Va Tech, etc. or Montana and Dallas) and improve the way we deliver the message about violence and its results in general terms.  For example, behaviors like bullying are unacceptable, whether it’s bullying members of minority groups, women, or children.  Period.  Every school, public and private alike, should be required to update and upgrade their anti-bullying policies.

Getting a better grip on history wouldn’t be a bad idea either.  Yes, 14th century Europeans were encouraged to “beat the women” but those aren’t the best role models.  Edward I of England was a fearsome warrior with a sound reputation on the battlefield, and a person known for being troublesome if not downright petulant.  However, when it came to his domestic life things were quite different.  His marriage in 1254 to Eleanor of Castile was by all accounts a genuine life-long romance. Her death at Harby in November 1290 left him devastated.  Some of the visible reminders of his love and loss can still be seen in that country – as in Charing Cross (Chere Reine, or Beloved Queen).  There are far better role models available throughout history, even European medieval,  than the thuggish peasant “improving his wife.”

At the extreme, the Montana family annihilator would rather have gone to a veterinarian than a psychiatrist – and that’s a sad tale in itself.  We’ve done a relatively poor job of diminishing the stigma attached to mental illnesses in this country. We could and should do better.  No one would sit around contemplating whether to get treatment for a broken arm – why would or should anyone not seek treatment for a broken mind?  We’d not let a person with a dangerously high fever stay away from a hospital – so why do we not have services immediately available for family members who are coping with a person who is experiencing mental instability?  And, those services should be provided in a setting which isn’t the county jail!

Stop letting the perfect become the enemy of the possible or even the pragmatic.  Opponents of common sense gun regulation, those who don’t wish to make the investment in mental health care services, and even those who have mistakenly analogized boorishness for masculinity, repeat the mantra that “it (whatever solution is proposed) won’t prevent tragedies from happening.  True. However, that doesn’t negate the improvements which could be made if we’d try.  Laws against bank robbery don’t prevent the criminals among us from trying, but they do provide for a place to put them when they are caught.  Increasing the number of mental health care facilities and programs will not provide 100% security – but it would be better than what we have at the moment. And, providing anti-bullying and anger management programs and projects at an early age won’t mean that some erratic person won’t engage in violent behavior – but the incidents prevented before they ever happen will reduce the strain on our educational, police, and health care services.

A productive perspective will do more to accomplish the reduction in domestic violence and related homicides than sitting stone silent wrapped in the fear a solution might not produce 100% success.  Franklin Roosevelt had two sentences for that:

“It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.”

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Filed under Gun Issues, Nevada, Nevada politics, violence, Women's Issues, Womens' Rights

Gun Violence Awareness

Gun Violence Day 1

No, I’m not coming for your gun. I could not care less how you spend your disposable income, and if guns and ammo are your “thing” so be it.  However, I am tired of the civic conversation about firearm safety being driven by the arch-fanatics whose attachment to their weaponry verges on the pathological.

Responsible Sales

I am also tiring very quickly of those who argue that we need to “crack down on crime,” and then reverse course and proclaim that it is too great a burden to require gun sellers to prevent “straw man” purchases of firearms – wherein the real beneficiaries are the very criminals we’re supposed to “crack down” upon. [SGL.org]   Read your copy of the U.S. Constitution’s 2nd amendment one more time – it says we may “keep and bear arms”. It doesn’t say we can purchase as many as we want at one time.  There are common sense limits we can place on the quantity of such purchases; and, it’s agreed that “straw man” purchases can be regulated.  Even our conservative Supreme Court agrees on this point. [WSJ]

The ATF and the National Shooting Sports Foundation have coordinated the “Don’t Lie for the Other Guy” program which seeks to get the message out that “… buying a gun for someone who is prohibited is a federal crime punishable by up to 10 years in prison and a fine of up to $250,000.”  In Nevada that would be those who are fugitives, felons, adjudged mental ill, undocumented persons, unsupervised juveniles, and those under court order not to possess firearms because of incidents of domestic violence, who are prohibited from procuring firearms.

Background Checks

And, how do we know if a person falls into one of the prohibited categories? We require background checks.  In a better world we would require background checks for gun dealers no matter the setting, and this would include private and gun show sales.  I am not receptive to arguments that requiring a background check for all sellers is an infringement – on anything.  A truly responsible person would take every opportunity to insure that he or she is not involved in trafficking a gun to any person on the proscribed list.

Safe Storage

We’ve not done a particularly good job of collecting figures on unintentional firearm deaths among children.  We do know that in 2009 we lost 114 youngsters under the age of 20 in firearm related fatalities.  And, we know that 66 of those deaths were in the 15-19 age range. [AAP]  There’s also the matter of teen suicide:

“In 2009, suicide was the third leading cause of death for American youth 15 to 19 years of age. Firearms remained the most common method used for suicide in this age group, accounting for 736 deaths (3.4 per 100 000). Of all common methods used for attempting suicide, firearms are the most lethal, with approximately a 90% mortality rate.” [AAP]

If we can’t completely prevent these instances of homicide and suicide then we can at least make access to firearms by children more difficult.  Consider the implications of the following numbers:

21.7% of American gun owners with children at home under the age of 18 stored a loaded gun. 31.5% stored a gun unlocked, and 8.3% had at least one gun unlocked and loaded. Among those with children at home between the ages of 13-17 some 41.7% kept a gun unlocked, compared to those with children under 12, who kept a gun unlocked at a rate of 28.8%. [AAP]

It’s startling to think that almost 30% of youngsters under the age of 12 who live in a home with a gun could have access to that unlocked unsecured weapon.  That’s the origin of those incredibly sad headlines.  It’s also disturbing to note that the older the children the less likely the parents are to lock up the guns – even though suicide is the third leading cause of death among adolescents, and that those disturbed kids who use a firearm are “successful” 90% of the time.

Moving the Conversation

Responsible sales, reasonable background checks, and safe storage are not impossible goals, and there are ways to promote a more responsible society.

(1) Tell the hysterics to put a sock in it.  No one is coming after your gun. There is no “slippery slope” from gun show background checks to “confiscation.”  That the state may require safe storage of firearms doesn’t mean The Black Helicopters are going to swoop down and grab your Ruger.  Further, that the state doesn’t want someone selling guns to those adjudged seriously mentally ill who may be a danger to themselves (most often) and others upon occasion, doesn’t mean the End of the World As We Know It.  These hysterics get the press coverage because they are deemed “news-worthy,” i.e. they are dramatic, virulent, and very loud.  They’re not very rational, responsible, or right.

(2) Tell elected representatives that if they are wedded to money from the hysterics for their campaign coffers they aren’t your kind of candidate.  When senatorial candidate Sludgepump proudly announces his endorsement from one of the hysteric organizations, do let him know he’s lost the vote he was trying to get with the advertising money he’s collected.  When legislative candidate Loonybird says she’s 100% pro-gun, do tell her she’s 100% off your list of favorable candidates.   A quick telephone call, e-mail, or note will do nicely.

(3) Tell those organizations which seek to promote responsible gun ownership and use that you support them.  Better still, send them what reasonable donation you can afford to help them get their information and messages publicized.

(4) Stand up for yourself, and your children.   If the neighbor happens to be an ammosexual with unlocked firearms on the premises then he’ll be annoyed you asked if there are unsecured guns, but your child will be safer – and that’s one of the hardest parts of parenting.  If the neighbor is a responsible gun owner, one who doesn’t keep loaded and unsecured weapons about, then you should both be proud of your responsible parenting.

It’s good to have a Gun Violence Awareness Day … but then among responsible civic minded people every day should be one in which we remember that our safety and the safety of our children is a matter which should be based on sound information (not hysterical ranting) and civil discourse (not irrational fantasies).

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Filed under Gun Issues

Sausage Grinding Nevada Style: The Legislature Scrambles to Sine Die

sausage Ah, the sausage is in the grinder for this session of the Nevada Assembled Wisdom:

“However in order to finally secure the votes to pass the full Uber deal, Roberson may be considering resuscitating a couple other bills previously thought to be dead. Democrats have made it clear they won’t play ball with Republican leaders if they move any further on AB 148(“Guns Everywhere“, including colleges & airports) and/or any of the voter ID/voter suppression bills (such as SB 169 and AB 266). There’s a new rumor swirling in the Building that Senate Republican leaders are considering scheduling hearings on these #Crazytown bills to scare the Democrats into supporting the Uber deal. I’m not sure yet how much force is actually behind it, but I can confirm it’s from a very reliable source.” [LTN]

Just what we need.  There are some tax and revenue issues to deal with, and some important issues concerning education which need attention… thus we’re hearing about Guns Galore! Vote Suppression! and, perhaps one more shot at privatizing (read: raiding) the Public Employees Retirement System, see AB 190. [bill text]

There’s something unseemly about using such egregious bits of Tea Party inanity as the Guns Galore legislation as a bargaining chip.  Some chips are counterfeit and this one is particularly untoward.  How many people are truly enamored of the idea of 18 and 19 year olds stashing guns in dorm rooms?  Of having some 18 or 19 year old “coming to the rescue” gun blazing and most likely untrained in police tactics?  Combine this with the Ammosexual propensity to call for background check repeals and we have a lovely recipe for a slaughter?  Once more with some feeling:

EVERY right comes with some responsibilities. And, truly responsible gun owners aren’t bellowing for proliferation, and are supportive of background checks to weed out the insane, the criminal, and the felonious from gun ownership.

Another counterfeit bit of coinage is the Vote Suppression legislation desired only by those who are afraid they won’t win the next election – or any election in which lower income, possibly people of color, maybe elderly, are allowed to express their options at the voting station.

There are some things that aren’t even allowed in a hot dog. Stuff that’s too toxic to add to an already questionable mixture of ingredients – and Tea Party idealizations about “liberty” and “free markets” (for the top 0.1%) are definitely in that category.

Sine die can’t come fast enough for this assemblage.

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Filed under Nevada economy, Nevada legislature, Nevada politics, Vote Suppression, Voting

The Ammosexual Assembly: Nevada Legislature and SB 175

NV Legislature wide A much amended SB 175 is still alive in the Nevada Legislature.  [LTN]  This “gun bill” contains several items on the ammosexual wish list, and with copious amendments got out of the Senate on a 14-5 vote.  There’s a subtle, but important revision in Amendment 136 which should given reasonable individuals some hope for sanity in an otherwise irrational session.  In the Kill At Will portion – otherwise known as Stand Your Ground – the language changes from “knew or had reason to believe” that the shooter was imperiled, to “reasonably believed” the victim of the shooting was in the act of perpetrating a violent crime.

This is improved language because merely because I have a reason to think a person is in the act of committing a felony doesn’t necessarily mean I have a good reason, or even a rational explanation.  The improved language now specifies that I must provide a rational explanation, something a reasonable person might believe.  The new language sets a higher and better standard.

The second change of note is that the aforesaid ‘knowledge’ must relate to the act of committing a violent crime, not merely any felony.  If a felonious action is all that is necessary then a person embezzling more than $650 may be said to be in the act of committing a Class C felony in this state – and who gets shot for embezzlement?  Or mortgage fraud? Or even running a chop shop?

The language is still a bit sloppy in the sections dealing with reciprocity of concealed carry permitting.  Existing law requires that the out of state permit be “substantially similar to” or “more stringent than” Nevada statutes. The new language merely says the state will describe any training, class, or program required by the initiating state.  That an issuing agency (sheriff’s department) knows the training level doesn’t necessarily mean it is an appropriate training level, or that the restrictions on an individual seeking  a concealed carry permit can be discerned from a description of training, classes, or programs.

The domestic violence issue is also barely resolved.  Here’s the portion, with the line reference numbers retained:

37 Sec. 5. Chapter 33 of NRS is hereby amended by adding thereto a new 38 section to read as follows: 39 1. If a court issues an extended order pursuant to NRS 33.030, the adverse 40 party shall not subsequently purchase or otherwise acquire any firearm during 41 the period that the extended order is in effect. 42 2. A person who violates the provisions of subsection 1 is guilty of a 43 category B felony and shall be punished by imprisonment in the state prison for a 44 minimum term of not less than 1 year and a maximum term of not more than 6 45 years, and may be further punished by a fine of not more than $5,000.”

Here’s the problem – notice that in line 39 the confiscation of firearms is associated with an extended order of protection.  The related statute is NRS 33.030 and 33.033.   It’s necessary at this point to look at the provisions of NRS 33.020 – which says there can be two types of protection orders: temporary and extended.  A temporary order of protection would not, under the language of SB 175, allow the authorities to confiscate firearms from the ‘adversarial party.’ AKA the abuser.  There’s a hair-splitting argument to be made that getting an extended order allows the abuser to have his or her day in court, and thus wouldn’t violate the 2nd Amendment.  This argument works if, and almost only if, the absolutist theory of the 2nd Amendment applies.

If the absolutist theory is attached to other elements in the Bill of Rights then perhaps one couldn’t be immediately arrested for yelling “Fire” in a crowded theater? Or, for indulging in the ancient Aztec religious ceremony of removing the ‘still beating heart’ to offer to the Sun God? One would have to have “his or her day in court” before any preventative measures could be taken to mitigate further damage? Yes, this is a silly argument, but nonetheless it illustrates the limitations of any absolutist theoretical framework. And there is evidence of ‘immediate damage.’

Nevada, Louisiana, Alaska, and South Carolina have the highest rates of homicide for women who are victims of domestic violence, all with a rate in the range of 2.00 to 2.50. [HuffPo] This is not the Top Four in the Nation category of which we should be proud.

We might be able to get out of this unfortunate ranking by inserting language which allows the removal of firearms from a premise if any order of protection is granted, until the expiration of that order.  The firearms have not been permanently taken from the rightful owner, they’ve just been removed temporarily from a volatile environment in which the two ‘adults’ may not be the only potential victims – bullets have been known for going through apartment walls.

If the ammosexual contingent in the Nevada Legislature can contain its enthusiasm for shootin’ up the state, we might want to have a serious discussion about whether we want the least restrictive statutes for firearm possession and ownership, or those which have the greatest potential for removing obvious threats to public safety.

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Filed under domestic abuse, Gun Issues, Nevada legislature, Nevada politics

Tea Party Antics in the Assembled Wisdom

Tea Party Flag

There are 40 days left in the Nevada Legislative Session.  Not that the initial leadership struggles in the Assembly weren’t entertaining, but the decorum on the set appears to be degenerating into sniping sessions worthy of  an agitated  flock of mockingbirds. There’s something about a gun-packin’ right wing Mama telling a fellow member to “Sit your A___ down” which doesn’t quite fit into the image of Legislative debate. Granted, most of what passes for debate in many sessions is essentially soporific and would cure the most intractable insomnia, but Assemblywoman Michele Fiore (R-NRA) has perhaps ventured a step too far into the realm of the theatrical. But then we could muse that most of what passes for Issues in this session is just that – political theater.

There’s nothing fundamentally wrong with Political Theater, when used to good effect we get The Lincoln-Douglas Debates, the Nixon Checkers Speech, and the August 28, 1963 March on Washington for Jobs and Freedom.  It’s when the theatrical elements are endowed with more significance than the policy discussions that we get into difficulties.

At the point where posture becomes more important than policy we are treated to things like the offering of 11 gun bills in a single session of the Legislature.  Some of these bills were predictably extreme – guns galore and guns everywhere!  Posturing becomes problematic when the extreme bills are endowed with Sanctity and aren’t part of a compromise process.

In an age of sound bite politics it’s hard to get a good policy discourse going.  If all one side is willing to offer is a parroting of “No new taxes,” then discussions about equitable ways to raise revenue for essential public services is diminished.  If 2nd Amendment rights may not have any responsibilities attached thereto, then common sense legislation to control the proliferation of firearms and the attendant loss of life becomes a stalemate.

If one side is wedded to the notion that the only way to deliver public services is by corporate interests then nothing of much value gets accomplished.

Combining ideological posturing with election politics simply adds another layer of difficulty to an already delicate democratic process.  The fact that SB 169 – a vote suppression bill if there ever was one – was granted an exemption from the Legislature on March 10, 2015 should send chills down the spines of those who are watching the process in the current Legislative session.  It’s companion in the Assembly, AB 253, a photo ID bill which carries with it an unfunded mandate among other baggage, is still percolating through the Assembly.

A restricted electorate plus the sound bite politics of posturing isn’t a recipe for rational legislative decision making.

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Filed under civil liberties, Gun Issues, Nevada legislature, Nevada politics, Republicans, Vote Suppression

News of Note

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  Stay tuned, today’s agenda in the Assembled Wisdom includes a vote on the foundation of Governor Sandoval’s tax and revenue plan.

“The state senate is expected to take a vote on Gov. Brian Sandoval’s Business License Fee bill, the main business tax component of his overall $1.1 billion plan in new and extended taxes.

If the senate fails to pass Gov. Sandoval’s bill, it will be a sign that any tax plan to fund the governor’s proposed $7.3 billion general fund budget will not be completed by the end of the Legislature’s regular session, which is scheduled to end after the first week in June.”  [RGJ]

And, BTW, Attorney General Tea Party (Laxalt) is quick to inform us that his dive into the anti-immigration lawsuit, isn’t anti-immigrant.   Right. It’s just about the “Rule of Law,” and Congress should be acting on immigration reform, not the President.   And, if you believe this I have some lovely (but rather arid) cliff side real estate I’d love to sell you.  We might also note that the comprehensive immigration policy reforms were hammered out in 2013 and the GOP hasn’t seen fit to allow the package to see the floor since.  Or, as AZ Central points out:

Though some Republicans last year argued that a GOP-run U.S. House and U.S. Senate might be inclined to tackle immigration reform early this year — and national Republicans have stressed the need to get the issue off the table before the 2016 presidential election — most observers now say there appears to be little chance for far-reaching legislation along the lines of the 2013 Senate-passed bill negotiated by the bipartisan “Gang of Eight.”

So, it’s 2017 – if then – before the Congressional leadership has any interest in tackling the issue?

Meanwhile, prominent passenger in the GOP Presidential Race Clown Car, Wisconsin Governor Scott Walker, is hauling out the old canard – the very old canard – that even legal immigration is a threat to American workers.

“In terms of legal immigration, how we need to approach that going forward is saying — the next president and the next Congress need to make decisions about a legal immigration system that’s based on, first and foremost, on protecting American workers and American wages. Because the more I’ve talked to folks, I’ve talked to [Alabama Sen. Jeff] Sessions and others out there — but it is a fundamentally lost issue by many in elected positions today — is what is this doing for American workers looking for jobs, what is this doing to wages. And we need to have that be at the forefront of our discussion going forward,”  [HuffPo]

This one’s been debunked so many times it’s hard to keep track of the volume. but that won’t prevent the GOP from hauling it out once again.  No, they “aren’t taking our jobs,” and calls for full deportation would Negatively Impact our economy, and if you want the best information on the subject – which is not coming from right wing Republicans and their pet media outlets – that’s still the 2013 CBO report (FactCheck) and related reports from the CBO the links for which are HERE.

However, immigration policy reform isn’t the only casualty in this 18 months before the election hysteria from the right.  The propaganda mill is working overtime.  Additionally, some of the same donors who’ve brought us extreme right wing politics are funding the highly questionable “research” by Peter Schweiser’s Government Accountability Institute.   This doesn’t mean the internecine warfare among the occupants of the Clown Car will diminish any time soon.  The Cruz of the Mouth Club is claiming that Rubio and Walker are “wimping out” on Gun Rights.   The 20 week abortion ban seems to be one of the major points for Republicans in the primary season, even though Planned Parenthood notes that nearly 99% of all abortions take place before 21 weeks.

Biggest Losers:  The jerks who vandalized a memorial, including killing a newly planted tree, to Michael Brown in Ferguson, MO.

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Filed under abortion, Gun Issues, Immigration, Nevada legislature, nevada taxation, Republicans, Womens' Rights