Ordinary People

Michigan's Rubber Stamp

2011-08-01T09:27:00.007-04:00

Ten years after Michigan made it easier for residents to obtain concealed handgun permits, an investigation by the Center for Statistical Consultation and Research (CSCAR) has revealed numerous problems regarding the implementation of the law. Of particular concern is the inconsistent manner in which permit applicants and permit holders are screened for public safety.

Michigan’s “Shall-Issue” concealed carry law went into effect on July 1, 2001. It established “gun boards” in each of Michigan’s 83 counties “to issue, deny, revoke, or suspend a license to carry a concealed pistol.” The boards are required to issue a concealed handgun permit to any applicant who is at least 21 years of age, completes an eight-hour safety course (with three hours on the firing range), and meets a basic set of criteria in terms of criminal and mental health background.

Michigan residents are having few problems in meeting these criteria. The CSCAR investigation found that “the number of permit holders [in Michigan] is skyrocketing,” with more than 270,000 Michiganders holding permits today—twice as many as just five years ago.

The problems lie in the oversight of the permitting system. Each year, gun boards are supposed to submit a report to state police detailing permit applications (issued, pending and denied) and detailing any criminal charges against existing permit holders. But since the law was enacted, 43 of Michigan’s 83 counties have yet to file a single report. This has prohibited the Michigan State Police from discharging their duty to provide a complete annual report with these statistics to the state legislature. For example, during one recent year in Genessee County, the following incidents went unreported to the State Police: “a fatal shooting, a federal drug indictment, reckless use of a firearm and 61 other crimes.”

Other serious problems with the permitting system have been identified. Permits are given to applicants before criminal and/or mental health disqualifications expire; permit holders are mistakenly given exemptions to carry handguns in sensitive gun-free zones; and permits that have been properly denied are suddenly approved without any clear reason.

The CSCAR investigation has revealed several alarming cases in which concealed handgun permit holders committed horrific acts of gun violence:

Jamar Pickney Sr., a 39-year-old from Detroit, was “convicted for killing his son with a bullet to the head in November 2009…after the teen told him he had sex with his 3-year-old half-sister.” The Wayne County clerk, however, never filed a report with the State Police.
In May 2010, Edward Bell, a 66-year-old man from Detroit, “fired a .45-caliber handgun at an alleged carjacker.” But a stray bullet from his gun found its way into Geraldine Jackson’s apartment, killing the 69 year-old woman. Once again, because the gun board did not notify State Police, “the state’s public data does not reflect a concealed pistol license holder was charged with manslaughter.”
Michael Alan Hettiger, now 53, fatally shot his son, Matthew Alan Hettiger, 28, in 2009. The shooting occurred after a fight between the victim and one of his brothers, while the victim was high on cocaine and drunk.” Michael Hettiger was sentenced to prison after pleading guilty to manslaughter and felony firearm use. His concealed handgun permit was suspended several days after his arrest, but as of the end of last month, “the imprisoned Hettiger’s long-suspended license hadn’t been permanently revoked.”

This blatant abuse of the law should have lawmakers worried. But when former state Senator Mike Green (R-Mayville)—the original sponsor of Michigan’s “Shall-Issue” law—was told some of the non-reporting counties are from his area, he responded, “I’m glad you told me that. I know those guys,” and laughed.

Prosecutors in Michigan have taken a different tone. Juris Kaps, a prosecutor in Van Buren County, refused to sit on his gun board, saying, “I have a lot of things to do and I’ve got better things to do than be a rubber stamp.” Kaps expressed concern about “the absence of a true check on [an applicant’s] mental health” and didn’t want to “get into a situation where [his] stamp of approval is on someone who is mentally deranged.”

We are constantly told by the National Rifle Association and its gun lobby partners that concealed handgun permit holders are the most “law-abiding citizens” in America. It’s now abundantly clear that such a guarantee holds little or no weight in Michigan.

Portrait of a "Responsible Citizen"

2011-05-09T10:22:00.003-04:00

By now, most Americans are familiar with the extreme controversy that surrounds fundamentalist Christian pastor Terry Jones. What few realized until very recently is that Jones has been authorized to carry a loaded gun in 35 states across the country.

Rev. Jones runs the Dove World Outreach Center in Gainesville, Florida. He first made national headlines in July 2010 when he announced plans to burn 200 copies of the Quran—the Muslim holy book—on the ninth anniversary of the 9/11 attacks. “We must send a send a clear message to radical Islam,” Jones explained. “We will not be controlled by their fear, we will not be dominated. We feel it is time for America to be America.” He punctuated this message by posting signs along the church’s property that shouted, “ISLAM IS OF THE DEVIL.”

Jones was aware of how offensive the book burning would be. "We are definitely probably insulting all Muslims," he stated. "The fact that we offend them is the lesser of two evils."

It wasn’t long before a massive public outcry erupted that cut across party and ideological lines. Former Alaska governor Sarah Palin called Jones’ plans “mean-spirited religious intolerance” and an “unnecessary provocation.” More alarmingly, General David Petraeus, the top U.S. and NATO Commander in Afghanistan, warned that “images of the burning of a Quran would undoubtedly be used by extremists in Afghanistan—and around the world—to inflame public opinion and incite violence.”

Jones, under intense pressure, cancelled his event, but only temporarily. On March 20, 2011, he supervised the burning of a single Quran at his Dove World Outreach Center following an “Islam trial.” In a video, Jones can be heard commenting, “It actually burns very good."

The burning did not go unnoticed in the Middle East. On April 1, approximately 2,000 protesters gathered outside the United Nations office in the northern Afghanistan city of Mazar-i-Sharif. Violence erupted when protesters grabbed guns from UN guards and opened fire on them. The compound was stormed and when the smoke cleared 12 people lay dead, including seven UN workers.

Jones was sanguine in response. “We must hold these countries and people accountable for what they have done as well as for any excuses they may use to promote their terrorist activities,” he said. The Pentagon saw it differently, speaking of the “tragic, deadly consequences” of Jones’ actions.

Just three weeks later, on April 21, Jones was endangering lives again, this time in Southfield, Michigan. The fundamentalist pastor was in town to appear on the Detroit FOX channel’s "Let it Rip” show. After his interview, Jones was escorted by police to his vehicle with his assistant pastor, Wayne Sapp (it was Sapp who physically burned the Quran on March 20).

When Jones got in the passenger seat of the car he accidentally fired a .40-caliber handgun into the floor of the vehicle. Officers who examined the car found another handgun belonging to Sapp under the driver’s seat. The two men were detained for a short period of time, during which the Southfield Police learned that both Jones and Sapp hold concealed handgun permits in Florida (because of a reciprocity agreement, Florida permit holders can carry their weapons in Michigan). But then, with little explanation, police returned both handguns to the men and allowed them to go on their way without filing any charges. This was despite the fact that, when asked about the discharge of the gun, Jones replied, “I have actually no explanation, no excuse.”

Jones was then free to proceed with a publicly-announced plan to arm himself and his followers during an upcoming Good Friday demonstration in the heavily Muslim Detroit suburb of Dearborn, Michigan—an event which necessitated the involvement of riot police.

Florida is a “shall-issue” state, meaning the Department of Agriculture and Consumer Services must issue a concealed handgun permit to any applicant who passes an instant computerized background check and takes a single, 3-hour training course. The permit is accepted in 34 other states and applicants are not required to be Florida residents in order to apply for one. The Florida permit has become popular with individuals of questionable character who cannot obtain permits in their own homes states. Plenty of unsavory characters in Florida are acquiring permits as well, whether it’s Rev. Jones, outlaw motorcycle gang members or individuals with extensive criminal backgrounds.

In commenting about Florida’s concealed handgun permit holders, longtime National Rifle Association lobbyist Marion Hammer remarked, “What other group has a better record of responsible citizenship?”

We can think of a few...

Designated Shooters

2011-04-04T13:38:00.002-04:00

The January shooting massacre in Tucson reminded America of how easy it is for mentally unstable individuals to legally purchase firearms. With states across the country beginning to liberalize their laws to allow the carrying of firearms in bars at the behest of the National Rifle Association (NRA), it is pertinent to ask who is hanging around in your neighborhood pub, as a recent incident from Ohio demonstrates.

On March 16 at approximately 2:00 a.m., the Summit County Sheriff’s Office in Akron, Ohio got a strange 911 call. A local gas station employee reported a man who was claiming that he was being chased by an individual with a gun.

When officers arrived at the station, however, they discovered a different situation. The man in question, 25-year-old Joseph Deitch, was present, but no pursuer could be found. According to a report filed by sheriff’s deputies: “Deitch was found to have an empty holster in his waistband and ammunition on his person ... Deitch appeared unstable and it was determined that no other subject with a gun was involved. He indicated that he had given several guns to a friend earlier in the evening. Other guns and a large amount of ammunition were discovered in the parking lot inside Deitch’s vehicle.”

Deputies also discovered that Deitch has a permit to carry a concealed handgun in Ohio.

The Summit County Sheriff’s Office soon received a call from the friend that Deitch had referred to. It turns out the he and Deitch had been at Brubaker’s Pub (about three miles from the gas station) earlier in the evening, and the friend had witnessed Deitch “make threats to shoot patrons of the bar.” Thankfully, Deitch left the bar before acting on these threats. His friend confirmed that he did indeed take possession of several of Deitch’s firearms as they departed the pub and went their separate ways.

Deputies’ next stop was the house where Deitch lives with his mother. At this location, additional firearms were found. All told, “10 handguns, shotguns, and assault rifles” were tagged and taken into evidence. At the conclusion of the investigation, Deitch was arrested on charges of aggravated menacing and booked into the Summit County Jail. More charges could be pending as the investigation continues.

Ohio is a “shall-issue” state where law enforcement has no discretion whatsoever in the issuance of concealed handgun permits. They must issue a permit to any individual who passes a computerized background check and undergoes the required 12 hours of training, including two hours shooting on a shooting range. Only permit holders who fail to renew their permits within six years need to retake this class—otherwise, it’s good for a lifetime.

Unfortunately, the background check for permit holders offers little in the way of mental health screening. Applicants who have been adjudicated by a court as a mental incompetent or involuntarily committed to a psychiatric institution are disqualified from obtaining permits in Ohio. If Deitch fell under either of these two narrow categories (most individuals with mental health issues do not), his records were not found in any database.

On a positive note, under current Ohio law it is illegal for anyone to possess a firearm on the premises of a location that has a liquor license (it is unclear at this point if Deitch and his friend actually brought their guns inside Brubaker’s Pub). But that could change soon.

HB 45, which would allow Ohio’s concealed handgun permit holders to bring loaded guns into bars, was passed by a state House committee on March 16, the same day that Joseph Deitch threatened the lives of patrons in Brubaker’s Pub. Those carrying firearms into bars would be restricted from drinking alcohol, although the legislation does not specify any enforcement mechanism for this provision. Theoretically, a bartender would have to ascertain whether a customer has a gun every time he/she serves a drink. HB 45 would also allow concealed handgun permit holders to transport loaded handguns in their vehicles without having them secured in a holster, case, bag, or box.

Guns in bars legislation has not won any accolades with Ohio law enforcement. Cleveland Police Department Detective Stephen Loomis stated, “I have spent a career dealing with problems in bars, nightclubs, entertainment-district restaurants and men's clubs, and I can tell you without doubt or hesitation the introduction of firearms...will result in the senseless loss of human life … We're going to go from bar fights with bottles and fists to someone who pulls a gun and starts shooting the place up."

Mark Drum of the Fraternal Order of Police of Ohio added that he is concerned that the idea of a “designated driver would be replaced with a designated shooter.”

The Ohio House is likely to vote on HB 45 this week. The Ohio Coalition Against Gun Violence has issued an Action Alert encouraging Ohio residents to contact their state representatives to tell them to vote ‘No.’ For those who aren’t eager to share a drink (or meal) with the likes of Joseph Deitch and similar “law-abiding citizens,” your call can’t come too soon.

“How do you shoot someone eight times in self-defense?”

2011-02-21T10:15:00.005-05:00

On February 10, National Rifle Association (NRA) CEO Wayne LaPierre spoke at the Conservative Political Action Conference (CPAC) in Washington, D.C. and declared, “Throughout history, one simple truth rings as loud and clear as a bell—the presence of a gun in the hand of a good person makes us all safer.” But a recent tragedy from Florida suggest that perhaps an earlier LaPierre quote—“The guys with the guns make the rules”—more accurately reflects the reality of contemporary America, in a “might makes right” kind of way.

On November 24, 2010, Thomas Baker, a 28-year-old resident of Town ‘n’ Country, Florida, decided to go for a jog. It wasn’t your typical run, however. Baker headed out at approximately 1:00 AM with $950 in cash and a .45 caliber semiautomatic handgun.

18-year-old Carlos Mustelier and his 16-year-old friend saw Baker as they headed to a Beverage King in the neighborhood. Mustelier told his friend he was going to rob Baker. After leaving the store, which was closed, they saw Baker passing them again. “I'm going to bam him. I'm gonna knock him out,” Mustelier announced.

The two teens, clad in dark-hooded sweatshirts, confronted Baker. Mustelier closed in and punched Baker in the face, cutting his lip. "You wanna play games? You wanna play games?" Baker said to Mustelier. He immediately pulled out his handgun, centered his laser sight on Mustelier’s chest, and fired eight hollow-point bullets at point-blank range at the unarmed teen. Four bullets hit Mustelier: one in the chest, one in the buttocks, and two in the back. He was dead by the time paramedics arrived (Mustelier’s friend John Martinez rushed to the scene but was unable to revive him). Mustelier’s 16-year-old friend ran for his life, returning later when police arrived. Authorities searched both teens and found no weapons of any kind. Both had clean criminal records.

Detectives interviewed Baker and asked him, "When you go running at night in the neighborhood, do you normally arm yourself with a firearm?" "I always have it on me, unless I'm going to the courthouse,” Baker replied. As for the $950, Baker told detectives he was unemployed and made money fixing friends’ cars. He had just done some work for a friend and that’s why he had that amount of money in his pocket, he claimed. Finally, Baker said he shot Mustelier in self-defense because he thought the teen had a gun on him.

The story worked. Florida prosecutors determined that no charges will be filed against Baker.

The reason for that is Florida’s “Stand Your Ground” (aka “Shoot First”) law, which was drafted by the NRA and enacted in 2005. The law eliminates the common law duty to use every reasonable means available to retreat prior to using deadly force, which the Florida Supreme Court had legitimized by explaining, “Human life is precious, and deadly combat should be avoided if at all possible when imminent danger to oneself can be avoided.” The “Stand Your Ground” law states that any individual who is in a place where he/she has a legal right to be, and who is “not engaged in an unlawful activity...has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” Individuals using lethal force in this manner are immune from criminal prosecution and civil lawsuits.

The law has been invoked in at least 93 cases in Florida involving 65 deaths, a recent St. Petersburg Times review found. "Whether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be used,” says Miami Police Chief John Timoney. The numbers bear that out—“Justifiable homicides” in Florida have increased from 43 the year the law was enacted to 105 in 2009.

The NRA couldn’t be happier with the results, calling its law “common-sense.” To the NRA, Thomas Baker was another “Armed Citizen” to be celebrated, and that is exactly what the lobby did, proudly announcing on the NRA News Twitter feed: “Florida: Jogger won't be charged in fatal Town 'N Country shooting.”

The family and friends who loved Carlos Mustelier feel differently. Vasilisa Akishina, a classmate and friend of Mustelier, laid flowers at the intersection where he was killed and reminisced about how, "he always made everybody smile." “He was just so generous with everything,” she recalled. Some speculated that there might have been an ulterior motive in the shooting, and referred to an earlier altercation Mustelier had with Baker's younger brother. But perhaps Dianela Gonzaez, Mustelier’s sister, summed up the absurdity of the incident best: "I know that he thought my brother had a gun. But I mean, it was eight shots fired. How do you shoot someone eight times in self-defense? That makes no sense."

No one should paint Carlos Mustelier as a hero in this incident—he was wrong to confront and attack Baker that night. On the flip side, Baker is no hero either. It’s hard to pinpoint the definition of “Looking for Trouble,” but leaving one’s house after midnight with $950 in cash and a loaded handgun must be close. And to fire repeatedly on an unarmed teenager—including three times in the back after he had turned to flee—is murder plain and simple, no matter what the NRA-drafted law in Florida now calls it.

What should have been a fistfight became a tragedy. A young man with his entire life ahead of him has been taken from his loved ones prematurely and unnecessarily. To the NRA, this is “good law” and “good order.” To those of us with a conscience who believe in the notion of a civilized society, it is anathema, and we must stand against it.

Colorado's Criminal Betrayer

2011-01-31T21:32:00.005-05:00

In the wake of the tragic shooting in Tucson, the National Rifle Association (NRA) continues to claim that those who carry concealed handguns in our communities are among most responsible and law-abiding Americans to be found. A recent story from Colorado, however, illustrates the disturbing actions of a high-profile permit holder who has shown little respect for his peers, his community, the philosophy of nonviolence, and the law.

Brett Reese, a Greeley-Evans School District 6 Board of Education member and owner of KELS Radio, has been in the media spotlight—both in Colorado and nationally—since the beginning of 2011. The attention he has been receiving, however, has not made for a positive start to his New Year.

On his radio program, “Pirate Radio,” Reese ran a segment at least twice per day from early January until Martin Luther King Jr. Day, January 17. In the segment, Reese read comments on air about Dr. King from an “anonymous letter” he received three years ago. Reese called King a “plastic god,” a “sexual degenerate,” and an “America hating communist” and said that he was “a criminal betrayer of even the interest of his own people.” Internet browsers soon found the “anonymous letter” that Reese was reading from on the website martinlutherking.org, which is hosted by the white supremacist/neo-Nazi Internet forum Stormfront. When Reese was confronted about the fact that martinlutherking.org was designed by a white supremacist who pled guilty to a count of possessing child pornography in 2008, he stated, “I’m trying to explain the truth. Facts are facts, and truth is truth, whether it came from a white supremacist website or a Black Panther website.”

Meanwhile, Reese’s behavior took an even more bizarre turn on January 12. At a Greeley-Evans School District 6 board meeting, Reese told his fellow board members that he needed to carry his .45 caliber Kimber handgun on him at all times to protect himself because of “serious” threats he received over his continued radio broadcasts attacking the moral character and legacy of Dr. King. When asked if he would comply with a policy that prevents board members from carrying loaded handguns to the board’s meetings, Reese replied, “No, I won’t. I will protect myself.” The other board members were unanimous in their view that there were alternate steps that could be taken to ensure Reese’s well-being. The board then voted to hold future meetings at local schools. Colorado law specifically prohibits the carrying of firearms in elementary, middle, and high school buildings.

Reese’s odd behavior during the meeting was captured by the Greeley Tribute: “Reese was fidgety and nervous throughout the meeting, constantly checking the door. Before the meeting started, he questioned whether people were watching the entrances to the school. John Gates, director of safety and security for the district, told Reese that the only door open was the front door and anyone coming into the meeting room could only come through a door Gates was watching.”

But Reese wasn’t done yet. On January 21, Justin Sasso, a rival radio station owner, was granted a permanent restraining order against Reese. The order was issued in response to threatening voicemails that Reese left Sasso, in which he complained about sales representatives from Sasso’s KFKA contacting advertisers on KELS. Reese threatened a “shootout” to resolve the matter.

Sasso was asked if he would have taken the threat seriously if Reese wasn’t surrounded in controversy. “I couldn’t say if I would or would not have,” Sasso said. “ But we just came off the [shooting in Arizona of a United States Congresswoman], so to threaten a shootout not once, but twice, and never retract it or define it ... It immediately instilled fear in me.”

Under state law, anyone with an active restraining order is prohibited from carrying a concealed weapon in Colorado. Reese’s concealed handgun permit was initially suspended and then permanently revoked on January 21. The judge who revoked the permit, Charles S. Unfug, decided, “Shootout is a loaded word ... When someone says there will be a shootout, it is an implied threat of violence. There is going to be ongoing competition between the two men. I believe [Reese] would continue to commit acts unless restrained.”

Weld Sheriff's Deputy Bureau Chief Steve Reams has informed Reese that he can still continue to carry his loaded handgun in public, but only if he carries it openly. Reese has now changed his tune, however, saying that he will not carry his gun at all without a permit.

If the NRA and other gun rights advocates would have us believe that concealed handgun permit holders are well-vetted and among the most responsible gun owners in America, how do they explain the moral turpitude of Brett Reese?

Cold as Ice

2010-08-16T15:36:00.005-04:00

In 2009, there were six confirmed mass shootings by concealed handgun permit holders in the United States (mass shootings are shootings that involve three or more deaths). 2010 has seen this disturbing trend continue, with deranged and dangerous individuals gaining easy access to firearms and carry permits. In a recent tragedy, a Connecticut gun owner who was supposed to be an upstanding, law-abiding citizen revealed himself to be a soulless, cold-blooded killer.

According to his girlfriend, Omar Thornton went to work at Hartford Distributors on August 3 as if it was any other day. When he was called into his supervisors’ office he seemed calm and collected. After his bosses showed him and a union official a video of Thornton stealing more than $400 worth of beer and empty kegs from a truck he was driving for the company, he was given the choice of being fired or resigning. Thornton quietly signed his letter of resignation.

While being escorted out of the room, Thornton asked for a drink of water. Seconds later, he retrieved a handgun from a lunch bag and shot his two escorts, initiating a deadly rampage. Company Vice President Steve Hollander recalled that, “[Thornton] didn't yell. He was cold as ice. He didn't protest when we were meeting with him to show him the video of him stealing. He didn't contest it. He didn't complain. He didn't argue. He didn't admit or deny anything. He just agreed to resign. And then he just unexplainably pulled out his gun and started blasting.”

It was 7:00 AM—shift change time—when 50-70 employees were entering and exiting the building. Thornton walked through the building methodically, firing on his co-workers. He killed eight and wounded two before taking his own life.

911 dispatchers received a phone call from Thornton just before he committed suicide. “This is a racist place,” he said. “They treat me bad over here. They treat all other black employees bad over here, too ... I wish I could’ve gotten more of the people.” Secretary/Treasurer of Teamsters Local 1035 Chris Roos reported that, “There is nothing on record of any complaints from Omar [regarding racism at Hartford Distributors] and there had been no disciplinary actions with him prior to this.” No formal complaints have ever been made against Hartford employees or management for being racist.

Police reported that Thornton brought two 9mm handguns to work that day in his lunch bag, including a SR9 Ruger semiautomatic handgun, which he told dispatchers was one of his “favorites.” Police also found a shotgun in Thornton’s car in the company parking lot. The handguns were registered (along with three other handguns that Thornton had at home) and all the firearms were legally purchased. According to Thornton’s girlfriend’s mother, Joanne Hannah, Thornton possessed a concealed handgun permit in Connecticut and was planning to teach her daughter how to use a handgun. Thornton listed Hoffman’s Gun Center & Indoor Range in Newington, Connecticut, as one of his Likes on his Facebook page.

Almost immediately after the shooting, commenters at the Connecticut Gun Talk Forum were blaming the tragedy on a “gun-free zone.” “You know someone had to say this, but if someone there [at Hartford Distributors] had been carrying there would probably have been fewer people shot,” said “Gun Techie.” He failed to note that Omar Thornton himself held a valid concealed handgun permit under Connecticut’s “May-Issue” law, and would have been one of the individuals authorized to bring a gun to work to “defend” his co-workers under such a plan.

“Rich_B” went even further than “Gun Techie,” placing the blaming directly on Hartford Distributors: “It should be illegal to make a workplace a 'gun free zone' (otherwise known as a 'victim rich zone') for employees unless the company is willing to take on the burden and liability of providing an adequate defense against bad things happening to its employees while they are on the premises.” He then suggested that the concealed handgun permitting process be eliminated altogether in Connecticut because, “All it does is make a hurdle for people to exercise their right to defend themselves.”

Then “Rich_B” added something truly interesting. “You cannot prevent bad people from getting a permit or a gun because bad people haven't always been caught or shown signs of being bad yet,” he pointed out.

No clear distinctions between “good guys” and “bad guys”? It makes one wonder how arming more people under our current laws could possibly make our society safer...

"A Coarsening of Society"

2010-08-09T09:39:00.017-04:00

A fascinating story was featured this month on the cover of Harper’s Magazine. Entitled “Happiness is a Worn Gun: My Concealed Weapon and Me,” the article was written by author Dan Baum, a “fairly typical liberal Democrat” who recently obtained a permit to carry a concealed handgun in Colorado. Baum’s article provides a balanced and insightful perspective on the culture that surrounds the gun rights community.

In the piece, Baum traces his 49-year love affair with firearms, which dates back to the summers he spent at camp firing a .22 caliber rifle as an overweight child. As an adult gun owner, Baum readily admits that, “The sensual pleasure of handling guns is a big part of the habit ... They are deeply satisfying to manipulate, even without shooting.” After deciding that hunting and range-shooting was not allowing him to be close enough to his firearms (Baum wanted to “live the gun life”), he decided to apply for a permit to carry a concealed weapon in his home state of Colorado.

A Right to Instant Gratification
In Colorado, just as in 37 other “Shall-Issue” states, the state must issue a permit to carry a concealed handgun to any citizen that passes an instant computer background check and meets a basic set of requirements. One of those requirements is to complete just three hours of training through an approved handgun safety course. This course need be taken only once—no additional training is required when a permit holder renews his/her permit every five years.

Baum, to his credit, went beyond the required three hours of training and took two separate handgun safety courses over the course of five days. He hoped to receive serious instruction as he took on the weighty and dangerous responsibility of carrying a weapon in public. In practice however, Baum found that his two classes “taught [him] almost nothing about how to defend [himself] with a gun” and “were less about self-defense than about recruiting [applicants] into a culture animated by fear of violent crime.”

At his first training class in Boulder, Baum’s instructor “packed about twenty minutes of useful instruction into four long evenings of platitudes, Obama jokes, and belligerent posturing.” He also openly admitted to breaking the law, saying he refused to get a carry permit because “I don’t think I have to get the government’s permission to exercise my right to bear arms.” A police officer taught the class a “legal implications” segment and encouraged the applicants to lie to police if stopped while wearing their guns. He then told the class that even though it is illegal to shoot a fleeing criminal, “If your aim is good enough, you have time to get your story straight before I get there.” The class was shown “lurid films of men in ski masks breaking into homes occupied by terrified women” and spent time examining pictures of a man that had been “slashed open with a knife.” In the course of four evenings, the applicants only handled their firearms once—shooting about 50 rounds at targets approximately 15 feet away.

Baum’s second class was at the Tanner gun show in Denver (the same place where Columbine killers Eric Harris and Dylan Klebold obtained their firearms). Baum described it as a “fifteen-minute recruiting pitch for the National Rifle Association (NRA) and a long-winded, paranoid fantasy about home invasion ... ‘They know where your bedroom is, and they’re there to kill you.’” The irony in this, as Baum states, is that only 87 Americans were murdered during home burglaries in 2008: “Statistically, you had a better chance of being killed by bees.”

While Baum asserts that American citizens should be able to carry concealed weapons in public, he was deeply disturbed by his experience with the permitting process in Colorado, stating that, “It’s a scandal...that people can get a license to carry on the basis of a three hour ‘course’ given at a gun show. State requirements vary, but some don’t even ask students to fire a weapon before getting a carry permit.” Baum recommends that state governments “enforce high standards for instruction, including extensive live firing, role-playing, and serious examination of the legal issues ... States should [also] require a refresher course, the way Texas does, before renewing a carry permit.” Furthermore, “Since people can carry guns state to state, standards should be uniform.” As Baum notes, “The Second Amendment confers a right to keep and bear arms. It does not confer a right to instant gratification.”

A Different Mentality
An obsession with violent crime (“At class, it was hard to discern the line between preparing for something awful to happen and praying for something awful to happen”) is just one element of a gun culture that Baum found himself immersed in once he decided to carry a handgun in public. In Baum’s words, “Anyone who tells you he has no fantasy life constructed around his gun either has been packing it for as long as he’s been watching television or is flat-out lying.”

Another element is paranoia that national “gun confiscation is nigh.” Baum recalled a man selling Yugoslav AK-47s at the Tanner gun show and yelling, “Buy it now! Tomorrow they may not let you!” “You don’t think [Obama’s] waiting for his second term to come and get them?” he asked Baum. “You’re dreaming.” To Baum, such fears seem wildly exaggerated: “For as long as I’ve been voting, I’ve reflexively supported waiting periods, background checks, the assault-rifle ban, and other gun control measures. None interfered with my enjoyment of firearms, and none seemed to me to be the first step toward tyranny.”

Baum recalled another gun show dealer yelling to potential customers, “Liberals want to take away your gun and your McDonald’s both.” Baum discovered a “class-based resentment that permeates modern gun culture,” citing an editorial in the NRA’s America’s First Freedom magazine that characterized their opposition as “those who sip tea and nibble biscuits while musing about how to restrict the rest of us.”

Then there are the color-coded “conditions of readiness” that concealed handgun permit holders govern themselves by. Condition White is “total oblivion to one’s surroundings—sleeping, being drunk or stoned, losing oneself in conversation while walking in city streets, texting while listening to an iPod.” Condition Yellow is “being aware of, and taking an interest in, one’s surroundings—essentially, the mental state we are encouraged to achieve when we are driving.” It requires “being mentally prepared to kill.” Condition Orange is being aware of a possible threat and Condition Red is responding to danger.

Baum notes that “contempt for Condition White unifies the gun-carrying community almost as much as does fealty to the Second Amendment.” He was told by one of his Boulder instructors that “when you’re in Condition White you’re a sheep.” The American Tactical Shooting Association notes that the only time you should be in Condition White is “when in your own home, with the doors locked, the alarm system on, and your dog at your feet.” Gun carriers are instructed to be in Condition Yellow at all times.

After experiencing Condition Yellow for months, however, Baum found it to be “kind of exhausting.” He missed Condition White. “Condition White may make us sheep, but it’s also where art happens,” Baum says. “It’s where we daydream, reminisce and hear music in our heads. Hardcore gun carriers want no part of that.”

Drinking the Kool-Aid
Despite being critical about several aspects of the gun culture, Baum simultaneously seems to endorse some of its most well-worn talking points. In a recent radio interview, he argues that guns laws are “not going to keep guns out of the hands of the people that you don’t want to have them” and therefore “only really apply to the law-abiding.” He also suggests that “Shall-Issue” laws have had no negative effect on public safety. In making these claims, Baum examines long-term trends in violent crime rates in the U.S., but curiously fails to comment on gun death rates or compare America to other industrialized democracies. Gun violence prevention organizations do not argue that guns cause crime, but rather that the presence of guns makes attempted crimes, attempted suicides, and arguments/confrontations of all kinds more lethal.

One recent study found that U.S. homicide rates were 6.9 times higher than rates in 23 other high-income countries, driven by firearm homicide rates that were 19.5 times higher. These 23 nations uniformly have fewer guns per capita than the United States and far tougher gun laws. An examination of gun death rates within the United States finds that states with tough gun laws (including “May-Issue” concealed carry laws) like Hawaii, New York and New Jersey have the lowest gun death rates. States with weak laws (and “Shall-Issue” concealed carry laws) like Louisiana, Alaska and Nevada have the highest. This data provides little support for the notion that “an armed society is a polite society.”

Baum also erroneously states, “Young black urban men killing each other—that is the gun problem [in the U.S.] right now.” In reality, the claim that gun violence is a “black problem" hardly makes sense when one considers that out of the 31,446 gun deaths that occurred in America in 2005, 21,958 of the victims were whites, and from 1976 to 2005, 86% of white murder victims were killed by whites. Additionally, in 2008 the FBI reported 14,180 gun deaths, only 844 of which were gang related. The ten states with the highest rates of gun death per capita in the U.S. in 2007 were Louisiana, Mississippi, Alaska, Alabama, Nevada, Arkansas, Tennessee, New Mexico, Arizona and West Virginia—predominantly rural states.

Finally, while acknowledging that “a lot of gun rights people are like the Taliban, if you don’t agree with them on absolutely everything you’re a friend of tyranny and a monster,” Baum does not fully grasp the political consequences of the gun rights movement’s agenda. He fails to perceive the “Insurrectionist Idea” that animates the movement—namely, the belief that the Second Amendment gives individuals the right to confront “tyrannical” government with force of arms. Insurrectionists will naturally oppose any laws that allow government oversight of firearms ownership because they want to remain anonymous should they one day decide to wage war against our government. As Cato Institute analyst David Kopel puts it, “The tools of political dissent should be privately owned and unregistered.”

Insurrectionism is a far-right-wing ideology that opposes a strong, activist government in nearly all of its forms and, as such, presents a threat to the broader progressive agenda that Baum claims to support. Baum recently got the cold shoulder when his Harper's article was featured at "The Truth About Guns" blog. Author Robert Farago and commenters at the blog called Baum into question over "the obvious conflict of interest between his liberal upbringing and the consequences of his acceptance of gun ownership," with one reader comparing the current Democratic Leadership in Congress to Joseph Stalin, Mao Zedong and Heinrich Himmler.

Not a Prop
Baum has decided that he will probably stop carrying his handgun in public. “It’s uncomfortable, distracting, and freaks out my friends; it’s not worth it,” he says. Baum felt that carrying his gun had “militarized [his] life” and brought out impulses in him that he disliked, including “social pessimism” and “irrational fear” (“You don’t want to contribute to a coarsening of society by preparing to kill at a moment’s notice”). Ultimately, he had to remind himself that his gun “is not a prop, a political statement, or a rhetorical device, but an instrument designed to blow a ragged channel through a human being.”

Shooting Buddies

2010-08-02T10:03:00.004-04:00

The National Rifle Association has long perpetuated the myth that Americans are under grave danger from hardened criminals who want to steal their property and exterminate their families. Whether it’s ridiculous pronouncements like, “America, by its free and independent nature, is a breeding ground and safe haven for violent, illegal immigrant criminal gangs,” or morbid declarations such as, “I want carjackers dead. I want rapists dead. I want burglars dead. I want child molesters dead. I want the bad guys dead. No court case. No parole. No early release. I want 'em dead. Get a gun and when they attack you, shoot 'em," the NRA rarely misses an opportunity to stoke the paranoia of the gun industry’s customer base.

The truth is, however, that Americans are far more likely to be harmed by people they know in their everyday lives than faceless criminals. Far too often, perpetrators of homicide are family members, friends, significant others, co-workers, and acquaintances of their victims…and even fellow gun owners, as a recent story from Ohio tragically reveals.

On July 5, Mark Valentino was arrested and charged for the murder of his cousin and friend Hershell “Louis” Roberts in Licking County. Valentino admitted to shooting Roberts as well as stealing firearms and money from his home.

Sherriff Randy Thorp stated that Valentino and Roberts shared a love of target practice and often fired guns on a range in Roberts’ backyard. Roberts’ son-in-law, Jake Morgan, said that Valentino often took advantage of Roberts’ hospitality and generosity—Valentino would stay at his home for weeks at a time. Roberts was apparently either unaware of, or unconcerned about, Valentino’s Indiana criminal record, which included probation violations, bad checks, and even domestic violence.

When Roberts was found dead at his home, his 20 year-old son told investigators that Valentino had a long-standing interest in his father’s missing gun collection. Allegedly, Valentino shot Roberts after a dispute regarding two guns that Valentino sought for their value. “He needed the money that bad,” Morgan said. “[Roberts] would have given it to him, if [he] had it.” Morgan described Valentino as a man “with no conscience.”

Police arrested Valentino after a 15-mile pursuit that concluded when Valentino lost control of his vehicle and crashed into a ditch. According to Licking County Prosecutor Ken Oswalt, Roberts’ firearms and the suspected murder weapon were found in the vehicle in the resulting search.

Valentino’s story bears eerie similarity to that of another individual “with no conscience” who preyed on a fellow gun enthusiast: Timothy McVeigh.

McVeigh bombed the Murrah Building in Oklahoma City on April 19, 1995, an act of terrorism which claimed 168 lives and injured more than 680 people. Well before the bombing, McVeigh was a regular on the gun show circuit, where he sold firearms through unregulated private sales (no background checks, no records of sale). While working at gun shows, McVeigh befriended an Arkansas gun dealer named Roger Moore. Moore testified that McVeigh stayed in his home from time to time as he traveled around the country. According to police, in order to fund the Oklahoma City bombing, McVeigh and Terry Nichols—his co-conspirator in the bombing—robbed Moore of his gun collection while holding him at gunpoint. Moore claims that he lost $60,000 worth of guns, jewels, silver bars and gold coins in the robbery.

According to the FBI’s Uniform Crime Report, only 87 Americans were murdered during burglaries in 2008, despite the fact that only one out of every three American households now has a firearm. As one author recently noted, “Statistically, you had a better chance of being killed by bees.” There were 7,912 homicides in 2008 for which the FBI could establish a relationship between the murderer and the victim. 78% (6,170) of these victims knew their murderer—only 22% (1,742) were murdered by a stranger. Not only do 78% of victims know their murderer—43% of homicides are caused by simple arguments over money, property and other mundane matters. In comparison, only 9% of murders are gang-related.

The NRA’s scare tactics regarding the “criminal element” are an effective sales pitch and certainly better the gun industry. If an American is convinced that their family is under overwhelming threat from unknown outsiders, a gun purchase will seem like a wonderful idea, and he/she will certainly underestimate the harm that that gun could cause within their home while in the hands of someone they know and/or love.

Stories like that of Mark Valentino and Louis Roberts betray the NRA’s version of “reality,” depicting common scenarios where the “home invader” is someone you’ve welcomed in countless times, and where your firepower makes you a potential target and not someone to be avoided.

Children in the Line of Fire

2010-07-13T09:53:00.001-04:00

The United States, with its weak gun laws, remains an exceptionally dangerous place for children. Approximately nine children and teenagers die every day from gun violence in America. In any given year, the U.S. loses more than 3,000 children and teens to gun violence; a number greater than the number of Americans that were killed in the 9/11 attacks. According to the Centers for Disease Control and Prevention (CDC), American children age 14 and below are sixteen times more likely than children in other industrialized nations to be murdered with a gun, eleven times more likely to commit suicide with a gun, and nine times more likely to die from firearms accidents.

A spate of recent tragedies reminds us that children remain vulnerable even when their parents are among the most highly qualified gun owners in America—concealed handgun permit holders. For years, the gun lobby has told us that permit holders are some of the most law-abiding and responsible citizens in the country. The problem is that in approximately 40 states, little is done in terms of screening or training requirements to assure that this is the case.

On January 8, Jaritza Alvarado’s eight year-old son Jose found her 9mm handgun and tragically shot himself in the chest. Alvarado, a resident of Allentown, held a permit to carry a concealed handgun in Pennsylvania. The boy’s father told police that the previous night he had seen the gun on the dresser in the couple’s bedroom. Just before going to bed, he grabbed the weapon, loaded it, racked a round into the chamber, and placed it in a backpack on the floor of the room. That backpack belonged to Jose, who stored his video games inside it. The following morning, as his parents slept, Jose opened the backpack to find the handgun sitting on top of his games. He fatally shot himself, waking them up immediately. After searching the home, police found an extra gun magazine in a kitchen cabinet, next to a two-liter bottle of soda that had a hidden compartment used to store cocaine.
Marine Sergeant Colton Lumon was at home with his wife and two daughters on February 21. As nine month-old Makenna sat in her high chair eating fruit, Colton practiced drawing and “dry firing” his handgun at candles across the room. During one draw he applied too much pressure to the weapon and it accidentally discharged, striking Makenna in the hand and head. She was pronounced dead two hours later. Colton had a permit to carry a concealed handgun in Virginia and told police he kept his weapon loaded with a bullet in the chamber at all times.
On February 27, 11 year-old Randy Reddick, Jr. was accidentally shot and killed in front of his home in Deerfield Beach, Florida. Earlier that day, his father, Randy Reddick, Sr.—a concealed handgun permit holder—had removed his 40-caliber Glock pistol and placed it in the center console of his truck before entering the post office. When the family returned home later that day, Randy Sr. sent Randy Jr. and his 10 year-old son outside to get his coat from the truck. The 10 year-old found the gun, which had been left in the truck, and accidentally shot his brother in the head, killing him instantly.

None of the three states in which these tragedies occurred—Pennsylvania, Virginia and Florida—require any real training for concealed handgun permit holders. Pennsylvania requires no training whatsoever. Virginia requires applicants to take a one-hour online test (applicants watch a 1/2-hour video and then answer a 20-question multiple-choice test at the website). Florida requires three hours of classroom instruction. Once satisfied a single time, the Virginia and Florida requirements are good for life. Additionally, none of these states have any mandatory safe storage requirements for firearms kept in homes where minors are present.

The results, sadly, are predictable: Unnecessary and heartbreaking tragedies that claim the most precious and vulnerable members of our society. We could—and should—be doing a lot more to protect children like Jose Alvarado, Makenna Lumon and Randy Rennick, Jr. It is a stain on our nation’s conscience that we are not.

Terrorists' Right to Carry

2010-07-06T09:50:00.001-04:00

Political violence is not an abstract concept in America, as a series of incidents this year has dramatized. The Department of Homeland Security has warned the nation that a dramatic increase in right-wing extremism since the election of President Obama increases the potential for domestic terrorism. The number of armed militias in America has increased a staggering 200% since 2008.

Recently, the U.S. Congress looked at why those on the FBI’s “Terrorist Watch List” can be prevented from boarding a plane, but not from purchasing firearms. Indeed, experience has shown that terrorists have little or no problems acquiring virtual arsenals of firearms in America, often legally. Something that has flown beneath the public radar, however, is how easy it is for terrorists to obtain permits to carry concealed handguns.

In March, nine members of the “Hutaree,” a Michigan-based militia group, were arrested for allegedly plotting to kill a law enforcement officer and then ambush police at the subsequent funeral with guns and explosives. Federal agents found a cache of firearms (including fully-automatic machine guns and unregistered short-barreled rifles), a variety of explosives, and more than 148,000 rounds of ammunition at just one of the homes they searched. Additionally, according to public records made available by the Ohio Sheriff’s office, at least two of the Hutaree members charged—Kristopher T. Sickles and Jacob J. Ward—had legally obtained concealed handgun permits in Ohio (most of the other charged members live in Michigan where the public is prohibited from accessing such records). Judge Victoria A. Roberts ordered the militia’s members to surrender their concealed handgun permits to authorities in a decision delivered on May 3.

Self-proclaimed “Christian warrior” Kristopher Sickles had openly shared his desire to initiate a Holy War against the government. He gained national attention in 2008 with a sequence of YouTube videos under the alias of “Pale Horse.” The videos display Sickles dressed in military fatigues, wearing a camouflaged balaclava over his face, cradling a firearm, and using a voice modulator. In one video he calls on Americans to arm themselves against their government. Sickles also produced two short films. The first, "Dement Incarnate," features a serial killer who is depicted reveling in the slaughter of a young child. The second film, "American Jihad," depicts a Michigan-based military group that brutally tortures and beheads a businessman. These videos and films were widely viewed online and “Pale Horse” even appeared on Alex Jones’ radio show.

The Hutaree are not the first members of a terrorist cell to acquire permits to carry concealed handguns in their communities. On September 25,2009, authorities arrested and charged seven men for plotting an attack against the U.S. Marine Corps base in Quantico, as well as conspiring to provide material support to terrorists abroad. Three of the terrorists charged—Dylan Alexander Boyd, Daniel Patrick Boyd and Anes Subasic—were legally issued concealed handgun permits in the state of North Carolina. Subasic obtained his permit despite numerous outstanding international warrants for his arrest in Serbia. “Homegrown jihadi” Daniel Boyd also had an international criminal record. Boyd moved to Pakistan in 1989 and became involved with the Afghan militant group Hezb-e-Islami. In 1991 an Islamic Court tried Daniel for a suspected bank robbery where he allegedly stole $3,200, fired a handgun at bank officials, and fled. The sentence was eventually overturned on appeal after Boyd served several months of incarceration and hard labor.

Why these men—with their connections to terrorist groups and violent histories—were able to obtain permits to carry concealed handguns in public remains unknown. A simple Google search could have turned up much, or all, of the evidence documented above.

What is clear is that a majority of states in the U.S. make it far too easy for dangerous individuals to obtain concealed handgun permits. 37 states (including North Carolina, Michigan and Ohio) are “Shall-Issue” states that require a resident to undergo an instant computer background check and take a one-day safety and training class (if there is any training requirement at all) to obtain a permit. Law enforcement officials in these states are given no discretion to deny a permit if an applicant satisfies these basic criteria, even if they uncover additional disturbing background information about him/her. Three states (Alaska, Arizona, and Vermont) require no permit whatsoever to carry a concealed handgun.

The featured speaker at this year’s National Rifle Association (NRA) convention, Fox News host Glenn Beck, demonstrated the organization’s (misplaced) fears about terrorism when he stated, “God forbid, there's another Timothy McVeigh, and God forbid, that guy has in his wallet an NRA card.” Beck might have added, “And God forbid he has a permit to carry a concealed weapon,” given the NRA’s overwhelming support for liberal carry laws. Not to mention that the NRA has also vigorously opposed efforts to prohibit individuals on the Terrorist Watch List from buying guns. Washington Post writer Dana Milbank recently noted that if the standard is “Either you are with us, or you are with the terrorists,” then “NRA chief Wayne LaPierre should be just a few frequent-flier miles short of a free ticket to Gitmo right about now.”

Pure Fantasy

2010-06-21T10:48:00.001-04:00

For years, studies have shown that a gun in the home is far more likely to kill or injure a family member or loved one than an intruder. That data, however, has not deterred some Americans from arming up and fantasizing about the chance to take out a “bad guy.” At the 2005 National Rifle Association (NRA) convention, NRA Board Member Ted Nugent famously proclaimed, “I want burglars dead. I want child molesters dead. I want the bad guys dead. No court case. No parole. No early release. I want ‘em dead. Get a gun and when they attack you, shoot ‘em.” While that rhetoric might provide good material for a movie (think “Dirty Harry” or “Death Wish”), the reality of hyper-macho gun ownership is often far different in practice.

On June 15, Tyler Smith and Tyler Baker (both age 26) were hanging out together at a friend’s house in Portland, Oregon. The pair had been drinking earlier that night when Smith decided to demonstrate to Baker how he would use his handgun if a criminal attempted to break into his home. During this demonstration, Smith discharged his loaded .380 caliber handgun into Baker’s chest, killing him. Smith claimed it was an accident and has been charged with second-degree manslaughter. In an affidavit to the police, he admitted to having at least four drinks that evening.

Both Smith and Baker had concealed handgun permits. The one-time, three-hour training course required to obtain a permit in Oregon, however, was not sufficient to prevent the June 15^th tragedy (no separate training is required to simply purchase or own a handgun in Oregon). Smith apparently felt he could mix guns and alcohol without adverse consequences.

Studies show that guns kept in the home are 22 times more likely to be used in unintentional shootings, murders, assaults, and suicide attempts than in any act of self-defense. A 12-month study done in Memphis and an 18-month study in Seattle and Galveston found a total of 626 shootings that occurred in or around residences. Only 13 of them were deemed legally justifiable.

For all the fantasies that Ted Nugent and other pro-gun activists have about “taking out bad guys” and being heroes, the reality is that such scenarios are highly unlikely to happen. High-profile, testosterone-fueled grandiosity might even serve to exacerbate the reckless behavior of some gun owners, increasing the inherent risk of keeping a gun in the home. Finally, the menial training requirements that most states have instituted for gun owners and gun-toters offer little hope of crowding out the gun lobby’s “Shoot First” message.

Cutthroat Politics

2010-05-03T09:49:00.000-04:00

It has been widely reported that President Barack Obama has been receiving an enormous number of threats during his 15 months in office—a 400% increase over the number received by President George W. Bush. Commentators have also decried the death threats received by Members of Congress who voted for health care reform in March.

Less frequently reported, however, is the number of such threats coming from individuals who hold concealed handgun permits. This blog looks at three such cases that are particularly disturbing.

On March 27, Norman Leboon, 38, of Philadelphia was arrested and charged with threatening to kill U.S. Rep. Eric Cantor (R-VA) and his family. Leboon had posted a video on YouTube in which he warned, “Remember Eric...our judgment time, the final Yom Kippur has been given. You are a liar, you're a pig...you're an abomination. You receive my bullets in your office, remember they will be placed in your heads. You and your children are Lucifer's abominations.”

Rep. Cantor was not the only public figure that Leboon had threatened. Leboon had posted thousands of videos on YouTube which were “bizarre [and] sometimes threatening. In one of these videos, he commented, “Yes, President Obama, you and Vice President Biden and Nancy Pelosi and Harry Reid and your security council say very bad things about me. Your punishment is coming, the swine, it will be severe, and you will beg for mercy to your God. It will be severe.”

According to Philadelphia court records, Norman Leboon was arrested by city police on June 14, 2009, after threatening to kill his live-in partner John Hopkins. Neither Leboon nor Hopkins showed up at the ensuing July 28 hearing. Peter Leboon tried to have his brother committed to a mental institution on numerous occasions, most recently before Christmas 2009.

These issues did not prohibit Leboon from obtaining a concealed handgun permit in Pennsylvania, however. Peter Leboon recalls: “The last time I tried to get him help we searched the whole house, six or seven of us, we couldn't find [his] gun. I found the permit, though, and destroyed it.”

In another case, Mark Anthony Rattenni, 37, was questioned by U.S. Secret Service agents on April 7 “in reference to a threat against the president of the United States.” When Secret Service found Rattenni in possession of a 9mm firearm, they called the Pinellas County Sheriff’s Office. A deputy checked the National Instant Criminal Background Check System (NICS) and found that Rattenni had been convicted of felony forgery in 1999 and felony assault in 2003 in New York, which made it illegal for him to own a firearm. He was subsequently arrested.

Despite these convictions, Rattenni had been issued a permit to carry a concealed handgun in July 2007 by the Florida Department of Agriculture and Consumer Services. The department had sent Ratteni a letter on December 19, 2007, stating that his permit was to be revoked because of the convictions, but the Pinellas County deputy’s check on April 7 found that the permit was still valid.

The Yonkers District Attorney’s office in New York discovered on April 9 that Rattenni’s felony charges were eventually reduced to misdemeanors. Pinellas Chief Assistance State Attorney Bruce Bartlett has said, however, that Rattenni still shouldn’t have passed a background check to buy a handgun or obtain a concealed handgun permit.

In the most recent event, Joseph Sean McVey, an Ohio resident, was arrested on April 26 at the Asheville Regional Airport just after Air Force One departed with the President and First Lady. McVey, 23, exited his vehicle, which was parked in a rental car return parking lot, with a loaded handgun and told a police officer that he wanted to see the president. Police searched McVey’s car and found a variety of law enforcement equipment, including a siren box, a mounted digital camera, LED strobe lights, and four large antennas. In the car’s cup holder were rifle scope formulas, which help a shooter adjust for distance when firing at a target. McVey was charged with going armed in terror of the public.

McVey was a concealed handgun permit holder and a member of the local Coshocton County Radio Emergency Association Citizen Team in Ohio. The citizen team is a volunteer organization that assists the sheriff’s department with traffic control at emergency scenes, which may explain why McVey had a police scanner and radio. County Police had a run-in with him in January, when McVey stopped on the highway to see if a couple who had pulled to the side of the road needed help. When he did not receive a response, he went back to his car, retrieved and holstered his handgun, and went back to the couple, at which point the man “swore at [him] and came towards [him].” After being instructed by a dispatcher to leave the scene, McVey was pulled over at gunpoint and “lectured on the proper way to handle a gun” by police.

After McVey’s arrest in North Carolina, Coshocton County Sheriff Tim Rogers revoked his permit to carry a concealed handgun.

Leboon, Rattenni and McVey all obtained concealed handgun permits in “Shall-Issue” states that give local law enforcement no discretion in issuing them. Applicants who meet a basic set of criteria must be given a permit and there is limited screening for criminal and mental health history (all of which is conducted through an instant computer check). In light of increased threats to our elected officials, policy makers now have another reason to assess whether such a process adequately assures public safety.

A Tale of Two Neighbors

2010-04-05T09:09:00.000-04:00

Much of the National Rifle Association’s current agenda in federal and state legislatures is aimed at expanding Americans’ ability to employ lethal force with a firearm in self-defense, which they assert is a “fundamental, God-given right.” This agenda includes weakening the requirements to obtain a concealed handgun permit, expanding the number of places (public and private) where concealed handguns can be carried, and enacting “Shoot First” laws that remove an individual’s duty to retreat from potentially violent confrontations. “When seconds count, the police are minutes away,” is the mantra frequently heard from self-defense proponents in the gun “rights” community.

When you allow and encourage untrained individuals to make unilateral decisions in heated situations involving firearms, however, the rule of law is weakened and there is a heightened potential for accidents and unnecessary violence. Last summer, two would-be vigilantes in Utah learned this lesson the hard way, and the result was a tragedy that has devastated two families and divided a community.

During the summer of 2009, there had been a string of car burglaries and mailbox thefts in the Bluffdale, Utah community of Parry Farms near Salt Lake City. Reginald Campos, 43, and his family had been the victims of several mail thefts. In addition, late at night, someone had broken into his garage, forced open three cars, and stole some of the family’s credit cards. The police were contacted.

Another resident in the community, David Serbeck, 37, had warned neighbors of the thefts and organized a community watch group. On July 21, 2009, Serbeck, a former army sniper, and Troy Peterson, president of the local homeowners’ association, drove through the neighborhood looking for criminal activity after being given photos of suspicious cars by a friend in the Salt Lake County Sheriff’s Department. Serbeck, who holds a permit to carry a concealed handgun in Utah, brought a loaded handgun with him.

At one point in the night, the men almost hit two girls walking in the street and stopped them to ask some questions. The girls continued on to a friend’s house, picked up two others friends, and started driving to one of their houses. When they saw Serbeck’s SUV again, they thought they were being followed. In reality, they were—their car matched one of the photos Serbeck and Peterson had.

One of the girls was the daughter of Reginald Campos. She called her father and he got in his car to find the girls. After locating them, he escorted them back to his house. Then Campos and his daughter went back out to find the SUV Serbeck was driving. Campos brought a loaded handgun with him. Although Campos does not have a permit to carry a concealed handgun, Utah law allows anyone age 18 or over to legally carry a handgun in their car without any formal safety training.

According to Serbeck, Campos sped his own SUV in front of Serbeck’s vehicle and “slammed on [the] brakes, forcing him to stop.” Campos then exited his vehicle with his handgun drawn and ordered Serbeck to put his hands up. Serbeck states he got out of his SUV holding his handgun upside down, by the barrel. He then placed the gun on the ground and kicked it away. Campos then fired two shots at Serbeck, striking him once and damaging his spinal cord. Peterson, who remained in Serbeck’s car, corroborated this account. Detective Paul Nielson of the Salt Lake County Sheriff’s Office reported that, “Serbeck’s firearm was on the ground when officers arrived [at the scene], and…had the safety lock on.”

Serbeck is now paralyzed from the chest down and Campos has been charged with attempted murder. He is claiming self-defense, despite Serbeck and Peterson’s statements. Salt Lake County Deputy District Attorney Alicia Cook sees things Serbeck’s way. “We determined that there was no reason to use deadly force in this situation,” she said. “There is just simply not a justification for that shooting.”

Campos’ attorney, Greg Skordas, blamed a gun culture run amok in Utah. “If you and I jumped out of our cars [unarmed], we shove each other, maybe walk away embarrassed. But they had to make a decision,” he stated.

Levi Hughes, the Salt Lake County Sheriff’s Office Crime Prevention Deputy, agreed that the presence of firearms turned what should have been at worst a fistfight into a tragedy. “If you have a gun, sometimes people will feel more empowered. Problem is they don’t have the training, knowledge or experience to handle a confrontation that would require a gun,” he said. The Salt Lake County Sheriff’s Office stopped sponsoring mobile patrol programs about ten years ago after patrol members were involved in a similar incident involving a car chase and shooting.

The Sheriff’s Office does, however, sponsor neighborhood watches. “We come to [residents’] homes. We talk to them about the things they need to watch out for, things they need to do to protect themselves.” But residents are not encouraged to become vigilantes. Officers tell them, "Don't take firearms with you and don't get involved. You don't stop people and interview them, don't question people you think might be involved in a crime. Leave that to law enforcement.”

To Hughes, the Bluffdale shooting should be a clear warning to other would-be vigilantes: “This is an example of what’s happened before and could happen to you if you take the law into your own hands.”

In one final tragic irony, federal authorities are close to indicting four suspects for the thefts at Parry Farms. Authorities credited the information given to them before the shooting by Reginald Campos with helping them crack the case.

Open Carry Nightmare

2010-03-29T14:22:00.000-04:00

Starbucks has made national headlines in recent weeks because of its policy allowing individuals to openly carry loaded firearms into the chain’s coffeehouses. In cities and towns across America, patrons quietly drinking a cup of coffee have been alarmed by the sight of customers with handguns holstered on their waists. Starbucks has claimed they are only following local and state law—regrettably, 47 states allow "Open Carry" in public, and only 12 of them require residents to obtain permits. But the truth is Starbucks has every right to set its own rules for conduct and behavior in it stores.

The issue is broader than Starbucks, however. In recent years, gun owners have staged “Open Carry events” in a variety of public places and private establishments with the intent of “normalizing” this behavior. In the words of OpenCarry.org founder John Pierce, “Open Carry forces those you meet, be they friends, relatives or neighbors, to reconcile their preconceived notions and prejudices regarding firearms with the fact that you are exercising this right in a safe and responsible manner.”

It is important to note, however, that not all open carriers are safe, responsible, “law-abiding” citizens simply exercising their “Second Amendment rights.” This blog highlights six individuals who you would not want to see armed in your neighborhood under any circumstances:

1) William Kostric. On August 11, 2009, William Kostric openly carried a loaded handgun at a protest outside a town hall meeting hosted by President Barack Obama at Portsmouth High School in New Hampshire. Kostric, a New Hampshire resident, is a former member of the We The People Arizona Chapter. We The People is a “Patriot” group that espouses “extreme antigovernment doctrines.”

During the protest, Kostric held a sign that read, “It's Time to Water the Tree of Liberty!” The sign referred to the following quote by Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Statements by Kostric were soon identified that shed further light on his sign’s message. On his MySpace page, Kostric lists Bob Schultz, the anti-tax radical and founder of the We The People Foundation; and Randy Weaver, the anti-government radical and white supremacist; as some of his “heroes.” A comment left by Kostric was also found at the Reason Magazine website. Posted on April 17, 2008, in response to an article about two Georgia men who fired guns at police as they conducted a no-knock drug raid, Kostric wrote, “It looks the cops ran into the first amendment while violating the fourth. That's the way it's supposed to work. If people can't wake up and see why it's immoral to trespass and destroy someones property, kidnap and lock them in a cage for growing a plant in their backyard then perhaps a body count is what's required for change. I personally feel zero sympathy for those cops. I reserve my sympathy for the victims of the nonsense they initiate.”

2) Chris Broughton. On August 16, 2009, about a dozen people were noted by police to be openly carrying firearms at a health care rally across the street from a Veterans of Foreign Wars Convention at the Phoenix Convention Center, where President Barack Obama was giving an address. One of the armed protesters at the rally was Chris Broughton, a 28 year-old resident of Phoenix and Team Member of We The People's Arizona Chapter. Broughton openly carried a loaded AR-15 rifle, slung on his back, as well as a loaded handgun in a holster.

In an interview videotaped that day, Broughton stated that his AR-15 “aids [him] in [his] resistance efforts.” He went on to say, “What do you think we did in the revolution, in the American Revolution? The British weren't stealing money from us for health care. They weren't taxing us the way they are now back then. And what did we do? We forcefully kicked them out of our country, and we will forcefully resist people imposing their will on us through the strength of the majority with a vote.”

Broughton is a congregant of fundamentalist pastor Steven Anderson at the Faithful Word Baptist Church in Arizona. The night before President Obama's speech in Phoenix, Anderson gave a sermon where he said of the president, “I’m not gonna pray for his good. I’m going to pray that he dies and goes to hell.” Broughton, asked about the sermon in an interview outside the church, said, “I concur. I think we'd be better off if God would send him where he's going now instead of later. He is destroying our country.” When a reporter then asked, “You're not advocating violence against the president?” Broughton replied, “I'm not going to answer that question directly.”

3) Leonard Embody. On December 20, 2009, “The Radnor Lake Rambo,” Leonard Embody, was detained for openly carrying a loaded AK-47 pistol into Radnor Lake State Park in Tennessee. He was apparently testing a new state law allowing those with concealed carry permits to bring their handguns into state parks. One park visitor who encountered Embody reported, “He was wearing military boots and a black skull cap. He didn’t look like the friendliest of guys. It was scary.” Park rangers were notified and Embody was questioned, but subsequently released.

On January 20 of this year, Embody was questioned by law enforcement again after he was found openly carrying a pistol on Belle Meade Boulevard. He carried his 1851 Model Navy black powder pistol “in an unsafe manner, in an unsafe location and in an unsafe condition.”

Thomas Sexton, the Criminal Investigator for the Belle Meade Police Department, sent a letter to the Tennessee Department of Safety on February 26, stating, “[Embody’s] actions clearly are for his own benefit and do not represent the actions of a responsible citizen wishing to safely carry a handgun for legitimate purposes.” On March 12, Embody received a letter from the Department of Safety informing him that his concealed carry permit had been revoked. According to Embody, the letter said, “There was a material likelihood that [he] was a risk to the public.”

4) Unidentified Alamogordo Protester. On January 2, 2010, approximately 300 people attended a rally in Alamogordo, New Mexico, organized by the local Otero Tea Party Patriots and Second Amendment Task Force. The purpose of the rally was to protest health care reform and the Obama administration, and many of the rally's participants openly carried handguns and/or rifles. Alamogordo Department of Public Safety officers and the New Mexico State Police drove by “at no less than five-minute intervals during the two-hour event.”

In a videotaped interview with a reporter from the New Mexico Independent, one protester stated that his handgun was a “very open threat” to the “Socialist Communists” in the Obama administration. “The government fears the people, and a disarmed people are slaves,” he said. “Political power comes from the barrel of a gun ... They’re pushing us to our limits.”

Ron Browne of Alamogordo, a bystander at the rally, saw things differently. “I see this as the seeds of terrorism being born,” he said. “You have the guns. Eventually, you'll have the hate, then someone will actually take it one step further and try to hurt the president. Hate has to start somewhere and grow. This is it, right here. You're looking at it. If this keeps expanding, we're going to have a civil war.”

5) Christian George Gonzales. Just after midnight on February 12, 2010, Christian George Gonzales, 29, walked out of a 7-Eleven in San Bruno, California, with a .40 caliber handgun on his belt. He approached two police officers in the parking lot, asking Officer Jack Boland, “Want to check me?” California law requires those who carry guns openly to keep them unloaded (although ammunition magazines can be openly carried as well, allowing for instant loading)—and Gonzales was apparently trying to make some kind of point with the officers.

The gun was indeed unloaded, but the officers promptly arrested Gonzales for being drunk in public. Gonzalez was so inebriated he "stumbled backwards and fell into the [officers’] patrol car." According to Steve Wagstaffe, San Mateo County’s chief deputy district attorney, Boland has known Gonzales for years because of his “predilection for alcohol.”

6) Mike Vanderboegh. In a March 19, 2010 blog posting entitled, “To all modern Sons of Liberty: THIS is your time. Break their windows. Break them NOW,” Mike Vanderboegh incited all those unhappy with health care reform legislation to action. When incidents of vandalism were reported hours later at Democratic offices throughout the country, Vanderboegh was quick to take credit (several U.S. Representatives who voted for health care reform also received death threats).

Vanderboegh is the former leader of the Alabama Constitutional Militia and the author of the Sipsey Street Irregulars blog. The blog refers to “The Three Percent,” meaning the percentage of American gun owners who “will not disarm, will not compromise and will no longer back up at the passage of the next gun control act.” “We are the people that the collectivists who now control the government should leave alone if they wish to continue unfettered oxygen consumption,” Vanderboegh warns.

In his March 19 posting, Vanderboegh expanded on this idea and aired his frustration with health care reform:

When the law becomes a deadly tool of tyranny, it is no longer a good thing to be obedient and “law-abiding.” It is, in fact, suicidal ... This is the message that modern Sons of Liberty should get across to the Royalists of today. Now. Before we have to resort to rifles to resist their ‘well intentioned’ tyranny ... It is, after all, more humane than shooting them in self defense. And if we do a proper job, if we break the windows of hundreds, thousands, of Democrat party headquarters across this country, we might just wake up enough of them to make defending ourselves at the muzzle of a rifle unnecessary.

Vanderboegh’s violent call to action has made him a darling of the Open Carry movement. He will be a featured speaker at the “Restore the Constitution Open Carry Rally” on April 19 in Fort Hunt National Park, Virginia. According to the organizers, the site was chosen because it is the closest attendees can get to Washington, D.C. and still legally carry guns in public. The date is significant because it recognizes three anniversaries: The Battle of Lexington/Concord in 1775, during which the opening shots in the American revolution were fired; the burning of the Branch Davidian compound in 1993 during federal law enforcement’s siege in Waco, Texas; and the bombing of the Murrah Building in Oklahoma City in 1995 by Timothy McVeigh.

When these Open Carry activists began to make headlines last year, even some ardent gun rights activists began to express reservations about the practice. Alan Gottlieb, founder of the far-right-wing Second Amendment Foundation, said, “I’m all for open carry laws, but I don’t think flaunting it is very productive for our cause. It just scares people.” Clayton Cramer, gun rights advocate and author of Armed America: The Remarkable Story of How and Why Guns Became as American as Apple Pie, opined, “gun owners should think long and hard about whether it serves our best interests to offend, disturb, or concern people” by openly carrying firearms.

John Pierce of OpenCarry.org claims that if gun owners “made it very clear to…people that they meet every day that gun ownership is a wholesome and responsible activity, we would see many of the negative stereotypes go away.” The problem is that open carriers, in many cases, are not living up to Pierce’s standards. Until they do, such negative stereotypes will remain rooted in reality.

Hit and Gun

2010-03-15T10:14:00.000-04:00

Concealed carry advocates frequently talk about their imminent need to be armed in public, saying things like, “When seconds count, the police are minutes away.” Unfortunately, what some concealed handgun permit holders consider to be self-defense can rightfully be deemed aggression by others. Additionally, permit holders sometimes display little interest in the assistance of law enforcement even when they are seconds away, as a recent tragedy in Texas reveals.

On March 3, Sonya Randle and her 13-year old daughter Alexis Wiley were driving home from a high school basketball game in Houston, Texas, when Richard Calderon, 24, ran a stop sign and hit their car with his 1998 Cadillac. Before Randle could get out of her Nissan Altima to talk to Calderon, he sped off, leaving the scene of the accident. Randle followed Calderon and was able to get his license plate number. She then passed him to continue her drive home. At that point, Calderon began to chase Randle. After closing the distance between the two vehicles, he drew a 9 mm handgun and fired two rounds into the Altima’s rear windshield. Alexis, who was sitting in the back seat, was hit in the head by one of the bullets. She died from her injuries the next morning at Memorial Hermann-Texas Medical Center.

Randle gave police the license plate number and they located Calderon at the address where the Cadillac was registered. Calderon had covered the vehicle with a tarp. He turned over his handgun and indicated he possessed a permit to carry a concealed handgun. Calderon claimed he had acted in “self-defense” when he saw a front-seat passenger in Randle’s car lean out of the window holding “something shiny.”

Sgt. Brian Harris of the Houston Police Department Homicide Division doesn't buy it. He stated, “Pursuing is not acting in self-defense. [Calderon] was able to clearly articulate there was no imminent threat to him—whatever threat he perceived had already passed.” Sgt. Harris continued, “His story doesn't match the ten other witnesses that we have—and that's the problem.”

Calderon was charged with felony murder and made an initial court appearance on the morning of March 5, posting $50,000 bond. While he went free, family and friends of Alexis Wiley mourned her death. One of her classmates at Johnston Middle School said, “Everyone is walking around and they’re crying, even if they didn’t know her.”

Road rage is a common phenomenon in the United States, and this is not the first time Ordinary People has commented on stories about such incidents involving concealed handgun permit holders (including violent encounters in Fairfax, Knoxville, Memphis, Port St. Lucie and Pembroke Pines). According to the AAA Foundation for Traffic Safety, “an average of at least 1,500 men, women, and children are injured or killed each year in the United States as a result of ‘aggressive driving.’”

Meanwhile, there were only 204 instances of justifiable homicide with a firearm by American citizens in all of 2008, according to the FBI.

Had Calderon not been carrying a handgun on March 3, Alexis Wiley would probably still be alive. And Calderon, at worst, would be dealing with the consequences of leaving the scene of an accident where no one was injured. Instead he is facing murder charges, and as Sgt. Harris noted, “you have two families’ lives that are destroyed.”

The Right Priorities

2010-03-08T10:04:00.000-05:00

Two recent stories in California shed light on how the concealed handgun permitting process in the state works—and sometimes doesn’t work.

The first story involves a local sheriff in Orange County who is garnering criticism for placing public safety too high on her priority list. Sheriff Sandra Hutchens replaced Sheriff Mike Carona in 2008 after Carona was indicted on federal corruption charges. Carona had also come under scrutiny for his practice of providing friends and business associates with concealed handgun permits. “The policy under the previous administration was to freely give them out,” Hutchens stated. “It comes down to whether you’re going to follow the law. The prior sheriff did not.”

Carona set up a program where those who donated over $1,000 to his campaign were granted concealed handgun permits and badges through a program called "Professional Service Responders." An investigation revealed that the recipients of these permits gave at least $68,000 to Carona. One of these permit holders, Carona's former martial arts instructor, was sentenced to six months in prison after drawing his gun in a dispute on a golf course. Others had prior criminal convictions before receiving a permit.

California is a “May-Issue” state, meaning that law enforcement officials have discretion in issuing concealed handgun permits. Applicants must provide a “good cause” for wanting a permit and demonstrate “good moral character.” They are interviewed and run though a computerized instant background check, and can be required to submit a medical clearance letter from a physician and/or undergo psychological or polygraph testing. Hutchens’ policy is to issue permits to “persons of good and upstanding character who possess credible, significant, and substantiated cause to fear for their safety. [Permits] will not be issued for political, social or other reasons.”

Since coming into office, Hutchens has revoked 132 permits issued by Carona (individuals targeted for revocation were given the option of having their permits expire early so they would not have a “revoked” denotation on their record). Another 168 individuals permitted by Carona did not seek renewal. Of the applications for new permits and renewals evaluated by Hutchens, 564 out of 642 have been approved (90%).

This is apparently not good enough for the National Rifle Association (NRA), gun rights activists, and certain county supervisors, who have accused Hutchens of launching a “misguided jihad.” One man who had his permit revoked by Hutchens stated, “It’s a telling sign of a public official who brings in a philosophy from Los Angeles that doesn’t belong in Orange County and imposes that philosophy against the will of the people and the board that hired her.” The two men running against Hutchens in the November elections, Bill Hunt and Craig Hunter, have also harped on the issue.

Another recent story from California, however, reinforces Hutchens’ wisdom in taking a close look at applicants for concealed handgun permits.

On February 26, law enforcement officials went to the Minkler community home of Rick Liles with a warrant for arson and firearm violations. When they attempted to arrest Liles, he responded with gunfire from an AR-15 semiautomatic assault rifle. At least 150 officers from nearly a dozen agencies arrived on the scene to lay siege to the mobile home. After firing 400 rounds of ammunition into the trailer, authorities were finally able to suppress Liles’ fire. Tragically, Fresno County Sheriff’s Deputy Joel Wahlenmaier was shot dead and Reedley Police Department Officer Javier Bejar was critically wounded (another officer sustained minor gunshot wounds). Officer Bejar was taken off life support and died on March 1.

When authorities finally entered Liles’ trailer hours later, they found him dead from a self-inflicted gunshot wound. His personal arsenal consisted of five handguns and five rifles.

Liles had been issued a permit to carry a concealed handgun by Fresno County in 2003. He renewed the permit on two occasions before it expired in the summer of 2009.

This was despite Liles’ personal history, which indicated a propensity toward violence and mental instability. Neighbors and local residents had accused Liles of setting fires on their property and firing bullets into nearby homes, one of which “caused minor injuries to a neighbor.” Mary Novak, owner of the Minkler Cash Store, had been one of Liles’ targets. “I don’t think it was focused towards me,” she said. “I think he was reaching out for something, maybe help.” Liles’ wife Diane “told police that [he] had been taking several medications, including Prozac.” She also indicated he was becoming increasingly paranoid with violent thoughts. Liles told Diane several times in recent months that he intended to shoot officers and then take his own life rather than go to prison.[Diane has a violent past of her own—she was convicted in 2005 of threatening to kill a co-worker with a gun.]

Incidents like the one in Minkler demonstrate the importance of thoroughly screening concealed handgun applicants to ensure their mental stability and good character. If every sheriff in California embraced comprehensive and thorough screening procedures like Sandra Hutchens, it would be extremely difficult for dangerous individuals to obtain concealed handgun permits. In a state that loses over 3,300 of its residents to gun violence each year, citizens should lend their support to a sheriff who values public safety over the personal convenience of a small group of individuals.

"His mental state was in question."

2010-02-01T09:44:00.000-05:00

On January 19, Christopher Bryan Speight, 39, shot and killed eight people inside and around the home he shared with family members in Appomattox, Virginia. His victims were Lauralee Sipe, 38, Speight's sister; Dwayne Sipe, 38, his brother-in-law; Morgan Dobyns, 15, Speight's niece; Joshua Sipe, 4, his nephew; Emily A. Quarles, 15, Morgan's friend; Karen Quarles, 43, Emily's mother; Jonathan L. Quarles, 43, Emily's father; and Ronald "Bo" Scruggs II, 16, Emily’s boyfriend.

More than 150 law enforcement officials arrived on the scene in response to the shootings and combed the nearby woods in search of Speight. During the siege, Speight took down a Virginia State Police helicopter by piercing its fuel tank with six rounds from a high-powered rifle (Speight had participated in National Rifle Association rifle competitions, which he excelled in). Eventually, Speight surrendered to authorities. He has been charged with one count of first-degree murder, with more charges likely coming.

A search of Speight’s house uncovered 17 bombs, including seven homemade grenades, two improvised explosive devices “with chemical irritant attached,” two IED “anti-personnel mines,” two pipe bombs and four more IEDs. Authorities also found more than a dozen firearms (including at least three AR-15 assault rifles and two Chinese-made Uzis) and “large amounts” of ammunition. Night-vision equipment, body armor and a pair of homemade mortar tubes were also found inside the home.

A search of Appomattox County court records has revealed that Speight held a concealed handgun permit, which was renewed on two occasions (in 2004 and 2009) despite his “history of mental breakdowns,” which was well known to his family and their attorney. Speight also apparently legally purchased the guns used in the shootings, and bought and sold firearms through unregulated private transfers (i.e., no background checks, no paperwork).

There were six confirmed mass shootings by concealed handgun permit holders in 2009. Speight becomes the first in 2010.

Those who knew Speight say he may have become fixated on the notion that his sister wanted to oust him from the Appomattox County home passed down to them by their grandparents and mother. Speight was removed as a trustee of the property in 2007 “over concern for his stability.” When family members met with him to discuss the matter, he “talked about booby-trapping his bedroom.” Speight also told friends he heard a “zinging” in his ears following the death of his mother in 2006. As the family attorney, Henry Devening, describes it, “his mental state was in question.” Speight was apparently seeing a therapist to address these issues.

Under Virginia law, individuals are disqualified from obtaining concealed handgun permits for reason of mental health under a narrow set of criteria, including the following: a) If they have been involuntarily committed to a psychiatric institution; b) If they have been adjudicated as “mentally incompetent,” and; c) If they have been acquitted by reason of insanity. Virginia makes no provision for people who do not fall under certain specific criteria but who are nonetheless seriously mentally ill.

Additionally, no investigative authority exists to make sure these disqualifications are detected. The Virginia State Police conduct instant computer background checks to verify mental health information through databases that are missing millions of disqualifying records. This process failed to turn up any information about Speight’s mental health issues.

In his most recent application to renew his concealed handgun permit, filed on January 6 of last year, Speight described himself in court papers as a dependable person who showed pride in his ability to "find ways to get out of problems without using force or violence." The tragic irony of that statement is now apparent.

As Alice Mountjoy, the Government Relations Coordinator of the Virginia Center for Public Safety, recently commented, “When an individual with as tortured a mental health history as Christopher Speight is able to get a concealed handgun permit, it confirms what we have been saying for years ... The screening process [for concealed carry applicants in Virginia] is broken and does little to assure that permit holders are both law-abiding and mentally fit to carry handguns around our families in public.”

A Familiar Pattern

2010-01-25T09:54:00.000-05:00

During the past decade, independent audits of concealed handgun permit holder rosters in states such as Florida, Texas and Tennessee have revealed that violent individuals can—and frequently do—obtain carry permits. Last summer, the Indianapolis Star, conducted an in-depth, independent investigation of their own in their home state, examining more than 900,000 concealed carry permit applications, court records, and police reports.

The Star uncovered “a system that breaks down in numerous ways, enabling people with troubled and often violent pasts to legally keep a loaded gun in their waistbands and on their passenger seats.” Specifically, 450 permit holders with “dubious backgrounds” were identified in Marion and Lake Counties. In many of these cases, “local police recommended disapproval but the Indiana State Police granted the permit.” Several of these individuals went on to commit additional acts of violence with the guns they had been legally permitted to carry.

Indiana is a “shall-issue” state, which means that law enforcement authorities are required to issue a concealed carry permit after an applicant passes a computerized background check (which determines if the applicant is prohibited under federal law from possessing a firearm). However, the state lays out additional requirements for applicants. They must be of “good character and reputation” and a “proper person.” The definition of “proper person” is detailed in the law—and defines additional behavior that would prohibit someone from obtaining a permit. Applicants who have “a propensity for violent or emotionally unstable conduct” are specifically prohibited. What it means to be of “good character and reputation,” however, is left up to the discretion of law enforcement.

There are approximately 300,000 active concealed handgun permits in Indiana. In 2008, State Police reviewed 77,429 applications, including renewals. Of those, only 1,278 (about 1.6%) were denied. For whatever reason, Indiana State Police have failed to deny a permit under the “good character” provision since the 1980s. Additionally, because the State Police frequently receive incomplete records from local officials, it can be difficult to confirm who is a “proper person.”

Certainly more applicants should have been denied. Among the Indiana permit holders turned up by the Star were the following:

Tony Thomas had five misdemeanor convictions before receiving his permit in 2006. Several months later, Thomas held his wife captive in their home for four days, threatening to shoot her and their four children.
William Gammon threatened to kill his girlfriend at gunpoint in 2008 and left “a very noticeable round circle mark” on her forehead. Gammon also had five misdemeanor convictions (one was a felony reduced to a misdemeanor) before receiving his permit in 2006.
Brandon Kennedy had several misdemeanor convictions and two documented incidents of firing his handgun in the air in public before receiving his permit.

Miguel Roa, an Indianapolis police officer who was on duty last year when Gammon threatened his life, said, “You can have an extensive criminal history and still have a permit … At some point you should say enough is enough.”

The Star made several recommendations regarding how to address this problem:

Create an administrative definition of “good character and reputation” to aid State Police in the application approval and denial process.
“Reconsider alternative misdemeanor sentencing as it relates to gun permits,” to allow State Police to deny applicants with multiple misdemeanor convictions but no felony convictions (or those with felony charges that were reduced to misdemeanors charges).
Improve the communication lines between State Police and local police. This could involve creating a centralized law enforcement information system “to provide more than just a list of charges and dispositions on an applicant.”

The Indiana state legislature, however, has decided to address the problem in a decidedly different way. After outrage was expressed by the National Rifle Association (NRA) at “the irresponsible actions of Indiana newspapers,” the Indiana House Natural Resources Committee voted 11-0 on January 14 to approve legislation that would prevent information about concealed handgun permit holders from being released to the public or the media.

The argument for the legislation involves “privacy issues,” as well as concerns that criminals will use the database to target permit holders for gun thefts. “To protect the safety of gun owners and non-gun owners, it is better to have this information available only to law enforcement,” said Rep. Mike Murphy (R). Neither the NRA nor anyone else has provided a single example of a criminal targeting an individual based on information from a permit holder database—in any state.

Dennis Ryerson, Editor of the Star, pointed out that his paper never published individual information about any legal gun owner. Furthermore, he pointed out that without access to Indiana’s concealed handgun permit holder database, “We would never have been able to show our readers how hundreds of bad guys were able to get concealed weapons permits over the objections of local police jurisdictions … We would never know how government is acting on these kinds of matters and, in the process, point to needed corrections in the system.”

Ryerson is undoubtedly aware that the NRA has drafted and pushed through laws in 27 other states that prohibit the release of permit holder information. The pattern is by now familiar: 1) An independent audit of concealed carry permit holders uncovers permit holders with violent histories; 2) The NRA reacts with indignation and demands that legislators ban such information from the public, and; 3) The legislature complies with the NRA’s demands and does nothing substantive to address the threat to public safety.

For the sake of Hoosiers, let us hope that the final chapter in their own story has a different ending.

Do as I Say, Not as I Do

2009-12-07T10:13:00.000-05:00

Today we relate the stories of three more “ordinary people” who are not only concealed carry permit holders, but certified instructors paid to provide the safety and training classes required to obtain a permit in their states. If concealed carry permit holders are the most law-abiding citizens in our country, we would expect their trainers to be virtually infallible when it comes to respecting the rule of law. The truth, however, is somewhat less flattering…

On the evening of May 13, police responded to a call regarding a deceased person in a private home in Palestine, Texas. When they arrived, 62-year-old Ronnie Cook, a concealed handgun instructor in the state, opened fire on them from inside the house. The officers took cover and secured a perimeter. Two hours later, Cook called 911 and negotiated his surrender. He then walked out of his house in a pair of handcuffs he had placed on his own wrists. Police entered the home and discovered Cook’s wife, 62 year-old Frances Darlene Cook, dead in the bathroom from a single gunshot wound. Ronnie Cook now faces a murder charge for his wife’s slaying as well as attempted capital murder charges for firing at the police.

In August, handgun training instructor Jason Hernandez, 38, was arrested in Perrysburg Township, Ohio, on charges of selling falsified concealed carry permits. To acquire a permit in Ohio, residents are required to complete 12 hours of instruction. More than 130 individuals allegedly bought training certificates from Hernandez, however, without attending any classes or receiving instruction. Hernandez now faces charges of forgery and tampering with evidence. Wood County Detective Sergeant Scott Koch reported that applicants paid $150 to $300 for a falsified certificate despite the fact that actual training classes cost between $75 and $150. Falsified permits that were issued to individuals in Wood County have been suspended.

On September 28, parents of students attending Saint Gregory School in Tyler, Texas, received an email from Principal Kathy Shieldes Harry informing them that the father of a four-year-old student had inadvertently left a loaded handgun in his daughter’s overnight bag. A teacher discovered the gun while the girl was rummaging through her backpack in class. Her father is a certified concealed handgun instructor in Texas. The child’s mother told the Tyler Morning Telegraph that the school did not inform her of the discovery and that she only learned of the gun when she went to take her daughter home: “We were pulling out of the parking lot and I saw her father pulling in and I asked her if she knew why her dad was at the school, and she told me his gun was in her backpack.” Don Martin, the Tyler Police Department public information officer, said that it is illegal to have a gun on the school’s campus and the girl’s parents could be charged with making a handgun accessible to a minor.

These incidents suggest that certified concealed handgun instructors are vetted no more carefully than their charges in terms of assessing their potential threat to public safety. Perhaps even they are ordinary people after all...

The Gun-Toting Soccer Mom

2009-11-09T10:41:00.001-05:00

On October 7, Meleanie Hain’s handgun failed to protect her. That evening, she was in the kitchen of her home in Lebanon, Pennsylvania, chatting on the Internet with a friend through a web camera. Her husband, Scott Hain, entered the room, picked up a 9mm handgun, and shot her several times. As the Hain’s children—ages 2, 6 and 10—fled the house in terror, Hain’s online friend heard the shots and immediately called 911. When police arrived, Meleanie Hain was found dead in the kitchen. Scott Hain, having committed suicide with a shotgun, was found dead in an upstairs bedroom.

Meleanie’s 9mm Glock 26 handgun, loaded with a full magazine and a bullet in the chamber, was in a backpack hanging from the front door. A car parked in the driveway bore an “NRA Law Enforcement” bumper sticker.

A Visible Presence
The murder-suicide drew a significant amount of media coverage because Meleanie Hain was an ardent and outspoken pro-gun activist. Known as the “gun-toting soccer mom,” she gained national attention in September of last year when she openly carried her Glock handgun to her five year-old daughter’s soccer game in Lebanon. This led to an outcry by other parents affiliated with the Central Pennsylvania Youth Soccer League who feared for the safety of their children. Unfortunately, there wasn’t much they could do. It is legal for Pennsylvania residents to openly carry handguns in public—and no permit is required.

Why did Hain bring her gun to her daughter’s soccer games? She explained that it was for self-defense and because “carrying a gun ensures that I’m taking responsibility for my children’s safety.” She added that she carried her gun openly (versus concealed) because “I don’t really need anything extra in the way of the gun if I’m going to have to pull it out and I’m holding a baby and trying to shuttle two or three other kids.” “It may sound arrogant,” Hain said, “but the Constitution has guaranteed me a right, and there is nothing more to say about it.”

Preaching the Gospel
Hain spoke frequently with the press and echoed a number of talking points that have been circulated for years by the National Rifle Association and other gun lobby groups:

These comments brought plaudits from pro-gun activists (Pennsylvania Open Carry presented her with awards and one visitor at OpenCarry.org memorialized Hain by stating, “She was a true beacon for the [open carry] cause and fought the good fight”) and circumspection by Lebanon County Sheriff Michael DeLeo. On September 17, 2008, DeLeo revoked Hain’s concealed handgun permit, citing a section of Pennsylvania law that applies to individuals “whose character and reputation is such that [they] would be likely to act in a manner dangerous to public safety.”

Hain appealed the revocation and her permit was reinstated on October 14, 2008, by County Judge Robert Eby, a gun owner and concealed carry permit holder himself. Eby said that the law required him to return Hain’s permit (Pennsylvania is a “shall-issue” state that gives local law enforcement no discretion in denying permits to those who pass basic computerized background checks), but he questioned her judgment nonetheless. Eby noted that Hain had “scared the devil” out of other parents and children, and declared, “Fear doesn’t belong at a kid’s soccer game from any source.” He advised her to stop open carrying her sidearm at the games—a suggestion she immediately dismissed.

Scarlet Letter
Hain wasn’t done though. She then launched a million-dollar lawsuit against Sheriff DeLeo, claiming he had infringed on her Second Amendment rights. “Just the fact that he was wrong is evidenced by the fact that my license was restored to me,” said Hain. “I am a victim of Sheriff Michael DeLeo’s. I am a victim of those in society as a direct result of his actions as well. The way people look at me sometimes when I am out running errands, I feel as if I am wearing a scarlet letter, and really it’s a Glock 26.”

Hain’s family was also beginning to look at her differently. She noted that, outside of her mother, her family was “not well educated about firearms” and “basically anti-gun.” Additionally, several local families took their children out of the daycare center that Hain ran out of her home as a result of her open carry activism. This represented a distinct setback in OpenCarry.org’s goal to "naturalize the presence of guns, which means that guns become ordinary, omnipresent, and expected. Over time, the gun becomes a symbol of ordinary personhood."

The Devil You Know
Ironically, the greatest threat to Hain at this time was not from outside her home, but from within. Hain’s attorney, Matthew Weisberg, indicated that she had separated from her husband Scott Hain, a parole officer, in early 2009, and wanted to pursue a protective order against him. Jay Bell, a moderator at the Pennsylvania Firearm Owners Association message board (where Hain’s screen name was “shefearsnothing”), said, “She was telling me at the [Open Carry] dinner in Collegeville she was planning to discuss divorce with her husband, but was afraid he’d react violently.” What exactly transpired between Meleanie Hain and her husband in the days and hours before the shooting is unknown, but it is now clear her fears were justified.

Reacting to the Hain’s murder-suicide, Daniel Vice of the Brady Center to Prevent Gun Violence said, “We hear about cases like this every day. Eighty people are killed by guns each day [in the United States] … We see every day the effects of gun violence, especially against women. Having a gun in the home makes it 22 times more likely you’ll be killed by that gun instead of it being used on an intruder.” Joe Grace, Executive Director of CeaseFire Pennsylvania, added, “The myth is that you’re safer with a gun … Having a gun did not make Meleanie safer. She and her husband are now deceased … It should give policy-makers pause. It’s time to let go of extreme rhetoric in the name of sanity and common sense.”

In the end, there was one piece of Hain’s rhetoric that seemed prescient. “If children are afraid of guns, that goes back to their parents,” Hain said on November 12, 2008, on the “It’s Your Call” show with Lynn Doyle. “It goes back to what they’re being exposed to at home.” Certainly, no one has suffered worse in this tragedy then the Hain children.

A Tale of Two Terrorists

2009-10-26T10:09:00.001-04:00

When most Americans think about gun control, they think about laws that are designed to stop street criminals from obtaining firearms. In the post-9/11 era, however, such laws are equally important in foiling the violent ambitions of terrorists. Because the gun lobby has successfully blocked federal efforts to prohibit those on the FBI’s Terrorist Watch List from buying guns, it is frequently up to individual states to provide the necessary safeguards to prevent such purchases.

Two recent arrests that made national headlines provide an interesting contrast in terms of states’ ability (or willingness) to handle this responsibility.

The first was made on September 25, when authorities apprehended 33-year-old Anes Subasic after a nine-hour search of his home in Holly Springs, North Carolina. Officials found counterterrorism literature, an empty sniper scope case, and ammunition in the house. Subasic is a Muslim who fled Bosnia during its civil war (later becoming a naturalized U.S. citizen). Along with Daniel Boyd, Zakaria Boyd, Hysen Sherifi, Dlyan Boyd, Ziyad Yaghi, and Mohammad Omar Aly Hassain; Subasic was charged with conspiring to provide material support to terrorists. The cell is accused of planning violent overseas operations and an attack on the Marine Corps base in Quantico, Virginia.

Not only was the cell able to acquire a substantial cache of firearms (Daniel Boyd was also charged with selling a Ruger mini 14 and ammunition to a convicted felon), but it has also been revealed that Subasic held a permit to carry a concealed handgun in North Carolina.

Not that there weren’t obvious red flags in his background... The Bosnian Serb Republic courts had issued four warrants for Subasic’s arrest, one of which was international. An official with the Bosnian Serb police stated that Subasic “is known to be part of a criminal gang that operated in the wider area of Bosnia and the region.” All told, Bosnian Serb police charged Subasic 11 times on 16 counts of attempted murder, extortion and robbery. A waitress in Banja Luka recalled Subasic entering a restaurant and spraying fire randomly with an automatic weapon. “Whoever knows Anes, they are not surprised [by his recent arrest],” she said.

Because North Carolina is a “shall-issue” state, authorities were required to issue Subasic a concealed carry permit after he passed a computerized background check (Subasic had only minor traffic offenses during his time in the U.S.). A simple background investigation should have turned up Subasic’s outstanding international warrants, but no such investigation is conducted either for firearm purchasers or concealed carry permit holders in North Carolina.

Another terrorist who was recently apprehended had a much harder time arming himself. On October 21, Tarek Mehanna, a 27 year-old resident of Sudbury, Massachusetts, was arrested and charged with providing material support to terrorists. Authorities say Mehanna was part of a cell that attempted to join terrorist groups in Iraq, Yemen and Pakistan. When they failed to gain admission, they began plotting attacks on U.S. soil.

Inspired by the 2002 sniper attacks in Washington, D.C., Mehanna and his co-plotters hatched a plan to commit a mass shooting in a shopping mall in Massachusetts. However, according to U.S. Attorney Michael Loucks, “Mehanna and his co-conspirators ultimately abandoned this plan, because they could not obtain the automatic weapons they thought necessary to effectively carry out such an assault.”

Massachusetts certainly does not make it easy for dangerous individuals to get assault weapons. Any resident seeking to obtain a "large capacity" weapon (including assault weapons capable of holding more than ten rounds of ammunition directly, or via a high-capacity magazine) must obtain a special Class A license. The screening requirements to obtain this license are extensive, and law enforcement is given the discretion to deny any applicant they believe is a potential threat to public safety.

Unregulated private sales of firearms are also closely regulated in Massachusetts. The state requires all private sellers to submit a written report documenting each firearm transfer to the executive director of the state’s Criminal History Systems Board. Purchasers of firearms from private sellers are also required to submit this information. Additionally, no more than four firearms may be transferred by a Massachusetts resident in this manner in a given calendar year.

The National Rifle Association loves to claim that criminals will always be able to obtain firearms, no matter what laws are passed. The case of Tarek Mehanna gives lie to this notion. Clearly, smart gun laws can deter dangerous individuals bent on arming themselves for violence. In a time when internal threats in our country are very real, state legislators should pay heed to the case of Mehanna and put public safety over the priorities of the gun lobby.

Gunning for the President

2009-09-21T10:05:00.001-04:00

The nation, sadly, has become well acquainted with the phenomenon of individuals bringing loaded guns to town hall meetings, presidential speeches and other political events. Initially, these shows of force were headline news and covered nationally. Recently, however, two disturbing incidents occurred that barely made a blip on even the local media radar.

On the evening of September 9, President Barack Obama was at the U.S. Capitol preparing to address a joint session of Congress on the subject of health care reform. At approximately 8:00 p.m., Joshua Bowman, 28, of Falls Church, Virginia, attempted to drive his Honda Civic into a secure area near the Capitol. U.S. Capitol Police stopped him and, searching his car, found a rifle, a shotgun and 500 rounds of ammunition. Bowman was arrested on the spot and charged with two counts of possession of an unregistered firearm and one count of unlawful possession of ammunition. An Associated Press article noted that “Bowman’s intentions were unclear.”

A spokesman for the U.S. Attorney’s Office in Washington has stated that they have decided against prosecuting Bowman on more serious charges. It is difficult to imagine, however, what legitimate reason there might have been for bringing that kind of firepower to the Capitol when so many important elected officials were gathered in one place.

Three days later, Josh Hendrickson of Rogers, Minnesota, traveled to a rally outside the Target Center in downtown Minneapolis, where President Obama was giving another speech on health care reform. Hendrickson, a concealed carry permit holder in Minnesota, was carrying a .40 caliber Glock 22 handgun in a holster on his hip, and a Kel Tec 380 in his pocket. “The Second Amendment isn’t suspended just because the president’s in town,” he explained. He was questioned by Minneapolis police and Secret Service agents, but no charges were pressed.

Hendrickson described himself as a “pretty laid-back guy,” a National Rifle Association member who always takes his keys, wallet and guns when he leaves the house. In reality, Hendrickson is a “Truther” with a violent criminal history. In fact, he was recently released after serving a 60-day stint in jail for pepper spraying a customer at the Cub Foods where he worked as a security guard. The woman had parked illegally, Hendrickson claims, and was being belligerent. “It didn’t cause a commotion,” though, he assured a reporter. Nonetheless, Hendrickson was fired, charged with fifth-degree assault, and convicted.

Nor was that his only contact with law enforcement. Hendrickson described two other incidents, one “a disorderly conduct charge involving a parking lot argument as his son’s school” and another “a dispute over a neighbor’s dog, in which police were called.” A search of the Minnesota Trial Court Public Access website reveals a total of 9 convictions for Joshua David Hendrickson, born in November 1976: 1 for 5^th degree assault, 1 for Disorderly Conduct—Brawling or Fighting, 3 for Disorderly Conduct, 1 for Reckless Driving, 2 for Driving While Intoxicated, and 1 for Interfering with an Emergency Call.

Sadly, Hendrickson was able to obtain a concealed handgun permit in Minnesota and hold on to it despite this extensive criminal record. Under Minnesota law, Hendrickson’s permit could have been revoked after his conviction for fifth-degree assault. And the law would have required law enforcement to revoke Hendrickson’s permit following his DWI convictions had he been armed during either one of these incidents. Although Minnesota is a “shall-issue” state, Minnesota sheriffs are also permitted to deny permits if they believe there is a “substantial likelihood that the applicant would be a danger to self or others.”

That Hendrickson was able to avoid all these hurdles and carry handguns near the president without being arrested is astonishing. “Now I’m going to be the guy with the assault record—the gun-carrying assaulter of people who’s outside the Obama rally,” Hendrickson predicted.

On that point, he was right. The natural question is now: How many other individuals carrying guns at political events (either openly or concealed) have disturbing criminal histories? And why is the media already losing interest in what should be headline news?

“You can commit mass murder then still go to heaven.”

2009-08-17T09:59:00.001-04:00

On August 4, George Sodini , 48, walked into the LA Fitness Center in Collier, Pennsylvania, wearing black workout gear and a headband. In his pocket was a .32 semiautomatic handgun. He carried a duffel bag with three more handguns: two 9mm semiautomatic pistols with 30-round clips and a .45 caliber revolver. All told, he was carrying 150 rounds of ammunition.

Sodini entered an exercise room where an aerobics class was taking place, turned off the lights, and opened fire, emptying one of the 9mm pistols. He then drew the second 9mm pistol and continued firing. In his last act, Sodini drew the .45 revolver and shot himself in the head. When the smoke cleared, at least 36 rounds had been fired and Sodini and three women lay dead. Sodini’s victims were Heidi Overmier, 46; Elizabeth Gannon, 49; and Jody Billingsley, 37. Nine other women were wounded in the shooting.

Within minutes of the tragedy becoming national news, the internet community discovered a journal that Sodini had posted online. In it, Sodini provided his name, date of birth, and hometown—and in a series of entries dating back to November 2008 detailed his plans to commit mass murder. Sodini asked “Why do this?? To young girls?” and made it clear that it was because he was lonely, suicidal, and deeply angry at women, who he felt had spurned him his entire life. He took comfort, however, in a conversation with his pastor at Tetelestai Church in Pittsburgh, who convinced him that “you can commit mass murder then still go to heaven.” The journal even detailed a previous failed murder-suicide attempt by Sodini on January 6 of this year. “I chickened out!” he wrote. “I brought the loaded guns, everything. Hell!”

Authorities had also had previous contact with Sodini. Jack Rickard, a deacon at Tetelestai Church, reported Sodini after he harassed a woman there. A state trooper called Sodini to discuss the matter with him, but no charges were filed. Sodini was asked to leave the church, however, and he did.

A week before the shooting, Sodini came to authorities’ attention again when they received reports that a man on a public bus in Pittsburgh had pulled out what appeared to be a grenade from a computer bag. The man saw a passenger on the bus watching him and said, “It is real. Do you want to hold it?” Soon after, police questioned Sodini—who matched a description provided by the passenger. Sodini denied any involvement, and escaped charges when the passenger couldn’t confirm him as the suspect. After the shooting at LA Fitness Center, Allegheny County Police found a note in Sodini’s home that referred to the grenade incident. “Don’t worry about that; it was a fake,” it said.

Despite all this, Sodini purchased the firearms using in the shooting legally (and bought one of his high capacity-magazines and a magazine loader from Eric Thompson, the online gun dealer who also armed mass shooters Seung-Hui Cho and Steven Kazmierczak). Sodini also held a permit to carry a concealed handgun in the state of Pennsylvania.

The screening process for both purchasing firearms and obtaining a concealed carry permit in Pennsylvania involves a computerized background check. That check searches a state database and also the National Instant Criminal Background Check System (NICS), the federal database maintained by the FBI. Because he had no significant criminal record, and because he had not been involuntarily committed to a mental institution or adjudicated as a “mental defective,” Sodini passed those checks. No background investigation is conducted in Pennsylvania to determine if there is any significant history that is missed by the computer check (this is despite the fact that the NICS database is missing millions of records that should be disqualifying purchasers). The result is that Pennsylvania authorities allowed Sodini to purchase firearms and carry a handgun in public without even looking for what it took bloggers minutes to find—a publicly-posted journal detailing his plans to slaughter women.

George Sodini is the fourth confirmed concealed carry permit holder to commit mass murder this year. Like him, the others—Frank Garcia, Michael McClendon, and Richard Poplawski—all had obvious red flags in their background that should have prevented them from obtaining their permits. It has been clear for some time in America that our weak gun laws make it easy for dangerous individuals to purchase firearms. The frequency with which they are obtaining permits to carry concealed handguns in public is a phenomenon that is even more disturbing.

Back Nine

2009-07-20T09:54:00.001-04:00

On June 22, an argument at a golf course in Austin, Texas, nearly turned into a tragedy. That day, Matthew Nader (a former stand-out football player for Westlake High School) and two friends were playing golf at the Lions Municipal Golf Course when 73-year-old Edwin Dailey approached the group and complained about their slow play and the way they had parked their golf cart. The argument continued for four more holes. At the 13^th hole, Dailey told Nader that he was prepared to “make them both equal” by getting his gun.

After the 18^th hole, all four of the golfers ended up in the course’s parking lot together. There was another verbal exchange, and Dailey pulled out a .25-caliber Browning handgun loaded with hollow-point bullets and pointed it at Nader. Nader and his friends took cover behind their cars, and Dailey concealed the weapon and walked back to the clubhouse.

The three men were on the phone calling 911 when Dailey returned to the parking lot. “If I feel threatened, I am morally obligated to destroy you,” he told the former football star and his friends. [It is unclear if Dailey was alluding to Texas’ controversial “Shoot First Law,” which removes an individual’s duty to retreat from a potential confrontation and presumes that he/she is reasonable in using lethal force if someone enters or is attempting to enter their occupied home, car or workplace.]

Dailey then left the scene, but was pulled over soon after by an Austin city marshal and taken into custody. Police seized the Browning handgun and also found a .38-caliber Beretta pistol with two magazines in a cooler in Dailey’s car.

In an affidavit, officers stated that they didn’t believe that Dailey had been in physical danger or that his threat of deadly force was justified. Dailey has been charged with aggravated assault with a deadly weapon, a second-degree felony, and was released from prison on $15,000 bail.

Law enforcement officials have reported that Dailey holds a concealed carry permit in the state of Texas. It is unclear at this time whether he has a criminal record or any past history of mental instability. Texas residents can obtain concealed carry permits by showing proof of residency in the State of Texas, filling out an online application, and taking a single 10-hour gun safety class.

A “shall-issue” state, Texas forces law enforcement to issue a permit to anyone who completes these requirements and passes a computerized background check. The federal database searched during these checks, however, is missing millions of records that would potentially disqualify an applicant.

Hopefully, law enforcement authorities in Texas will take prompt action to revoke Edwin Dailey’s concealed carry permit. Any individual who feels a “moral obligation” to shoot and kill someone for their pace of play on a golf course is clearly a threat to public safety and not fit to carry a handgun in public—or anywhere else.

Siege Mentality

2009-06-29T11:13:00.001-04:00

On June 8 in Kittery, Maine, 60 year-old Michael Flaherty called relatives to say “goodbye” after surrounding himself with guns and ammunition and making “direct threats to kill family members and the police should they arrive.”

At 11:00 a.m. that morning police responded to a domestic disturbance call from Flaherty’s wife and forced entry into the family’s home after hearing cries for help. They found Flaherty and members of his family wrestling over a loaded .44-caliber Magnum revolver. Flaherty was wearing a bulletproof vest and had a second loaded .25-caliber handgun in his possession.

Thankfully, police were able to gain possession of the guns and subdue Flaherty before anyone got hurt. After searching the residence, police discovered “additional firearms at various entry points around the house with ammunition nearby as if they were ready for use.” All told, police seized a total of four rifles, two shotguns, two handguns, and several hundred rounds of ammunition. According to Sergeant Daniel Soule of the Kittery Police Department, it appears that Flaherty “was ready for a standoff. Everyone was fortunate in that no one was hurt. Praise goes to the officers, but also to the family members.”

Flaherty now faces charges of criminal threatening, and domestic violence-related reckless conduct, which were elevated to felonies due to the presence and use of firearms. He is currently being held at the York County jail on $20,000 bail, and is scheduled to appear in Superior Court on July 30.

Reports have revealed that Flaherty held concealed carry permits in the states of Maine and New Hampshire. Both are "shall-issue" states, meaning that local law enforcement must issue applicants a permit to carry a concealed handgun if they pass a basic computerized background check. Apparently, Flaherty did not have a criminal record that would have prevented him from passing those checks. In terms of mental health issues, only a previous involuntary commitment or adjudication by a court deeming an individual “mentally defective” would bar that person from possessing or purchasing guns under federal law. Unfortunately, the states have yet to forward 9 out of 10 of these disqualifying mental health records to the National Instant Criminal Background Check System (NICS) run by the FBI.

One thing is sure: Michael Flaherty did not just wake up one Monday morning and decide to kill himself and his family. He had prepared carefully for his siege. Laws which prohibit law enforcement from examining individuals’ backgrounds in detail when they purchase firearms or obtain permits to carry concealed weapons might further the agendas of gun lobby groups, but do little or nothing to protect the public. Thanks to the brave and rapid response of the Kittery police to this incident, no one was killed or injured. Sadly, this is frequently not the case when disturbed individuals gain easy access to firearms.

Attack of the Black Dwarves

2009-06-01T10:14:00.001-04:00

On May 24, a 56 year-old male resident of Elyria, Ohio, went to a nearby house armed with a shotgun and asked his neighbor to call 911. When police arrived, they ordered the man to put the shotgun down, but he refused, stating, “I can’t, I’m protecting myself, I have a concealed carry permit.” After police promised to protect him, he put the gun down, and said that two armed black men were in his home. He also told officers that the night before the same black men had broken into his home, but he had chased them down the street, firing a full magazine of 9mm rounds at them.

Officers entered the man’s home and found no intruders or signs of forced entry. They did, however, find “pans, bowls and other containers throughout the house containing moldy food.” They also found 11 guns along with knives, swords and ammunition. The man told the officers that he had the weapons “so he could be prepared for the next war to begin.” As they searched the home, he told officers outside that “even more black men were inside the home then he first reported and described them as three-legged dwarves with one of their legs being a roller skate they used to escape from places.”

Police confiscated 23 weapons from the man’s home and took him to EMH Regional Medical Center for evaluation. They also contacted the Nord Center, a provider of mental health services.

The Lorain County Sheriff’s Office has confirmed that it issued the man a permit to carry a concealed handgun. Ohio is a “shall-issue” state, meaning that authorities have to issue a concealed carry permit to any applicant who passes a basic computerized background check. Federal law prohibits anyone who has been adjudicated as a “mental defective” or involuntarily committed to a mental institution from owning or purchasing firearms. At last count, however, the National Instant Criminal Background Check System (NICS) was missing 90% of the mental health records that would disqualify Americans who fall under these two categories. The Virginia Tech Review Panel dealt directly with these issues and recommended that the states forward all necessary mental health records to NICS as promptly as possible, and that new legislation be enacted to prohibit those who have been voluntarily committed to mental institutions from owning or purchasing firearms.

“If they have not been adjudicated incompetent by the court system, we have no choice but to issue a license,” said Lorain County Sheriff’s Captain Richard Resendez. “The law does not give us the ability to act on our instincts.” Capt. Resendez has indicated the man’s permit will be suspended, but said, “it would likely take a court finding him mentally incompetent to permanently revoke it.”

There is no guarantee that will happen. A 2003 presidential commission on mental health concluded that: “For too many Americans with mental illnesses, the mental health services and supports they need remain fragmented, disconnected and often inadequate, frustrating the opportunity for recovery. Today’s mental health care system is a patchwork relic—the result of disjointed reforms and policies. Instead of ready access to quality care, the system presents barriers that all too often add to the burden of mental illnesses for individuals, their families, and our communities.”

Given the imperfect nature of background checks and the mental health system, legislators in “shall-issue” states would do far better to prioritize public safety over the wishes of a vocal minority who seek to carry guns in public. Tying the hands of law enforcement officers who are well-placed to determine potential threats to their communities makes little sense.

“It was almost like looking in the devil’s eyes.”

2009-05-18T09:58:00.001-04:00

On March 10, 28 year-old Michael McLendon began a shooting rampage at the ranch-style home in Coffee County, Alabama, where he lived with his mother. First, he shot and killed her and her four dogs, then laid them on and around the living room couch, which he soaked with paint thinner and lit on fire.

McLendon then got into his Mitsubishi Eclipse wearing a vest loaded with ammunition and armed with a .38 caliber handgun, a shotgun, and two assault rifles (an SKS and a Bushmaster). He drove south to the town of Samson to a white frame house where he had lived for years with his uncle, James White, 55, and aunt, Phyllis White. The two were sitting on the porch with their daughter, Tracy M. Wise, 34, her son, Dean, 15, and a family that lived across the street: Andrea Myers, 31 (the wife of a local sheriff’s deputy), and her two children, 4-month old Ella and 18-month old Corrine. McLendon’s great aunt, Virginia White, 74, was in a trailer parked in the White’s yard. McLendon exited his vehicle and opened fire on them all, killing everyone but Phyllis White and Ella Myers. Phyllis White ran to a neighbor’s house and was saved when McLendon’s gun jammed. Ella was rescued by a neighbor, but had to be taken to a hospital later for surgery for a gunshot/shrapnel injury. A neighbor who saw McLendon as he pulled away from the house in his Eclipse said of him: “It was almost like looking in the devil’s eyes.”

But McLendon was not done yet. He killed another man, James Starling, 24, on a nearby street, shooting him in the back as he tried to run away. Starling was the father of two children and had another on the way. McLendon then rounded the corner and killed Sonya Smith, 43, outside a convenience store. Two men, Jeffrey Nelson, 50, and Greg McCullough, 49, were injured at the store.

McLendon then continued on to the town of Geneva. At this point, police were in pursuit of him. McLendon was still spraying fire, and killed motorist Bruce Malloy, 51. When an officer tried to ram McLendon’s Eclipse, he fired into the officer’s vehicle, narrowly missing him. McLendon then evaded a roadblock and drove to Reliable Products, a metals plant where he once worked. There he engaged in a shootout with law enforcement officers before finally entering the business, turning a gun on himself, and taking his own life.

During the entire rampage, which lasted approximately 50 minutes, McLendon fired more than 200 rounds, killed 10 innocent people, and wounded six.

Subsequent investigation revealed that McLendon held a permit to carry a concealed handgun which had been issued by the Coffee County Sheriff’s Department. A friend of his, Cecil Knowles, told reporters that McLendon had a lifelong fascination with guns. Officials have yet to indicate where McLendon purchased the firearms used in the shootings, but have indicated they were all bought legally.

After the rampage, authorities who investigated the home McLendon lived in with his mother found notes he had left on a dresser and kitchen table. “The notes had lists of co-employees and employers who apparently had done him wrong,” said 12^th Judicial Circuit District Attorney Gary McAliley. “Along side of the names, he wrote notes on who had done what, for example, ‘turned me in for not wearing earplugs.’ The note also listed three different locations of employers.” Investigators also found 20 to 30 boxes of ammunition, a bullet-proof vest, and “dozens of soot-covered DVDs on how to commit acts of violence, including how to shoot into a moving car and building a homemade gun silencer.” McLendon stopped showing up to his job shortly before the rampage, spent his free time shooting guns at the local firing range and behind his home, and talked “about being depressed about his failure to become a Marine or a police officer.” He had also been involved in an argument with family members over custody of a family Bible, and had recently received a letter from a lawyer representing another family member telling him to back off. “He was excessively upset about that,” said McAliley.

“He had obviously planned to go out in grand style,” observed Colonel Chris Murphy of the Alabama Department of Public Safety.

Disturbingly, McLendon is not the only mass shooter in recent months who held a concealed carry permit:

CCW permit holder and Neo-Nazi Richard Poplawski killed three police officers and wounded one in Pittsburgh, Pennsylvania, on April 4.

CCW permit holder Frank Garcia killed four and wounded one in a shooting rampage in upstate New York on February 14.

CCW permit holder Randal Rushing killed three people in Scranton, Pennsylvania, on July 17, 2008, telling reporters, “I had fun.”

These incidents and others provide powerful evidence that screening procedures for concealed carry permit holders are as minimal and ineffective as those for gun purchasers in the United States. Hopefully, state legislators across the country will begin putting the safety of their citizens ahead of the interests of the gun lobby, which has consistently defended existing standards for permit holders—and even acted to weaken them further.

"This Kid's Nothing But Trouble."

2009-04-20T10:09:00.001-04:00

On April 4, 23 year-old Richard Poplawski shot and killed three police officers who were responding to a 911 call at his home in Pittsburgh, Pennsylvania. Poplawski, wearing a bulletproof vest and armed with a shotgun and an AK-47-style assault rifle, ambushed two officers who entered his house. He then managed to hold off police and SWAT team members who responded to the scene for four hours, firing approximately 100 rounds in the process. Poplawski has been charged with three counts of criminal homicide and nine counts of attempted homicide, including the wounding of a policeman who was trying to assist a fallen officer.

It was quickly learned that Poplawski is a White Supremacist with a long and disturbing history of violent behavior. He frequently visited, and posted messages at, the Neo-Nazi website Stormfront.org. Poplawski’s best friend, Edward Perkovic, stated that he “didn't like the Zionists controlling the media and controlling, you know, our freedom of speech.” On November 1, 2008, Poplawski wrote on Stormfront: “A revolutionary is always regarded as a nutcase at first, their ideas dismissed as fantasy ... If a total collapse is what it takes to wake our brethren and guarantee future generations of white children walk this continent, if that is what it takes to restore our freedoms and recapture our land: let it begin this very second and not a moment later.”

Poplawski’s problems date further back, however. He was expelled from North Catholic High School in his junior year for reasons that have not been fully disclosed. In 2004, Poplawski enlisted in the Marines and entered boot camp at Parris Island, South Carolina. He was discharged from the service just 23 days later, apparently for assaulting a drill sergeant. A year later, Poplawski’s former girlfriend, Melissa Gladish, received a protection from abuse order against him. “He was a violent, abusive man,” she said. “He dragged me by the hair, pulling me across the floor. I saw him choke his own mother. He was controlling.”

Despite this history, subsequent investigation has revealed that Poplawski passed the required background checks and bought his shotgun and two handguns at Braverman Arms Company in Wilkinsburg, Pennsylvania. Poplawski’s best friend, Edward Perkovic, has also reported that Poplawski possessed a permit to carry a concealed handgun in the state of Pennsylvania. "I've seen it. He showed it to me. He said, 'Eddie, get one of these,'" remembers Perkovic. Poplawski also posted on the Pennsylvania Firearm Owners Association website under the username “RWhiteman” and in one thread complained that the state of Maryland did not recognize his concealed carry permit when he traveled there.

If Poplawski was dishonorably discharged from the military (citing privacy laws, the Marines have refused to divulge this information), then he would have been barred under federal law from owning or purchasing firearms. He also would have been barred under federal law from purchasing or owning firearms while he was the subject of Melissa Gladish’s protection order. It is unclear at this time exactly when Poplawski purchased his guns. It is also not known where he obtained his AK-47 assault rifle, although he frequently bought and sold guns online through unregulated private sales.

What is more baffling is how Pennsylvania authorities could have issued Poplawski a permit to carry a concealed weapon. Pennsylvania is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant passes a computerized background check and meets certain basic qualifications. Nonetheless, these guidelines state clearly that an applicant should be denied a permit if he/she “has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety.”

Poplawski not a threat to public safety? Even a cursory investigation into his background would have revealed that he was a violent individual with racist, anti-government views. In the words of one of Poplawski’s neighbors (whose stepdaughter was threatened by him), “this kid's nothing but trouble.” Why that wasn’t patently obvious to Pennsylvania authorities is worth examining.

The Fake Cop

2009-03-30T10:00:00.001-04:00

On March 5, at 9:50 a.m., a woman traveling south on U.S. 1 in Florida saw 25-year-old John T. Colucci race by her on a motorcycle, pull up next to a white pickup truck at a stoplight, and begin threatening the driver of the vehicle. “I’m a [expletive] cop, you could have laid me out on the street,” Colluci was quoted as saying, as he simultaneously raised his jacket and exposed a handgun. Colluci then held a badge in his wallet up at the truck driver and screamed, “I’m a [expletive] cop!” He then sped off on his motorcycle "pulling his front wheel off the ground."

The woman followed Colucci to the Port St. Lucie Civic Center while dialing 911 on her cell phone. Colucci, noticing that he was being followed, turned around and raced towards her vehicle as if he was “playing a game of chicken.” The woman was “terrified of a head-on collision,” but thankfully Colluci turned his motorcycle and sped away from the scene.

Investigators later apprehended Colucci at the Self Defense Gun Shop and Pistol Range in Port St. Lucie, where he worked. He denied knowing anything about the incident, but admitted to having a “security badge” in his wallet. The badge looked almost identical to the badges worn by Port St. Lucie Police Department officers. Colucci was arrested and charged with falsely impersonating an officer, openly carrying a weapon, unlawfully using a police insignia, and driving recklessly. Police confiscated his Glock 30 handgun and “security badge.”

A call to the Public Affairs Office at the Port St. Lucie Police Department confirmed that Colucci holds a permit to carry a concealed handgun in the state of Florida. Due to a law passed at the behest of the NRA that shields the identities of permit holders in the state , however, the Florida Department of Agriculture and Consumer Services refused to say whether Colucci’s permit had been suspended or revoked by authorities.

That might leave residents of Port St. Lucie unsettled, because Colucci is currently out of jail on $3,500 bail. A court date is expected to be set sometime soon.

It is ironic that an individual who works for the “Self Defense Shooting Center” would use his handgun instead to intimidate and threaten the residents of his own community. If Florida officials have respect for the brave men and women who have taken an oath “to serve and protect” as law enforcement officers in the Sunshine State—and even a passing interest in safeguarding public safety—they will make sure this fake cop never carries a concealed weapon again.

If at First You Don't Succeed...

2009-03-16T10:21:00.001-04:00

On Valentine’s Day, 35 year-old Frank Garcia drove into the parking lot of the Lakeside Memorial Hospital parking lot in Brockport, New York, at approximately 5:00 AM. Just four days earlier, Garcia had been fired from his nursing position at the hospital, and he wasted little time before exiting his vehicle and physically attacking Mary Silliman, 23, a former co-worker who was on a break. Two individuals who were driving by the hospital at that moment, Randal Norman and Audra Dillion, saw Garcia beating Silliman and stopped to help. When they got out of their car, Garcia opened fire with a .40-caliber Glock pistol, killing Norman and Silliman. Audra Dillion was also shot, but she managed to drive herself to Strong Memorial Hospital in Rochester, where she recovered from her injuries.

Garcia was not done yet. He then drove 50 miles to Canandaigua, New York, where he went door-to door looking for the home of another former co-worker. Garcia eventually found Kimberly Glatz and her husband Christopher and shot the couple execution-style after terrorizing the entire family, including Glatz’s 14 year-old daughter and 13 year-old son. Kimberly Glatz worked with Garcia while he was a part-time nursing supervisor at Wesley Gardens nursing home in Rochester. Garcia was fired from this position in October 2008.

The rampage finally ended when Garcia was arrested after negotiating his surrender by cell phone. He has been charged with a total of four counts of first-degree murder, two counts of second-degree murder, two counts of second-degree kidnapping, and one count of attempted murder.

After the shootings, it was revealed that Garcia possessed a permit to carry a concealed handgun in New York. Officials reportedly denied Garcia’s request for a permit three times before granting him one in 2007. He was first denied a permit in 1994 after omitting information about his criminal record on his application, including arrests for criminal possession of a weapon, assault, and harassment. He then filed two more permit requests in 2001 and 2006 that were denied because of “omission[s] of fact” and because it was determined that Garcia “lack[ed] moral character.”

In a letter written prior to the 2001 denial, Garcia told a local judge about his enjoyment of the “works of Jefferson, J. locke, madison, and Hamilton” and “the organic Constitution and the Bill of Rights.” Garcia also discusses his need to protect himself with a gun in light of his view that “executive atthoraties/police officers are not bond to protect me. 95% of the time there are in pursut of the perpetrator and 5% arrive late when needed. So you see. I have no-one but myself for my own protection, especially in the city of Rochester.” At the end of the letter, Garcia offers to produce “Public-law 89-297” at an upcoming hearing, which, he claims, “calls for the total disarmament of our sovereign nation, from citizens to the military. This is all part of the New world order agenda.”

Garcia’s successful 2007 request for a permit was initially denied. However, judicial hearing officer and longtime Judge Charles Maloy reversed the denial and granted Garcia the right to carry a concealed weapon. The county court judge who initially denied the permit had the right to review the case but instead signed the permit in April 2007.

Judge Maloy has yet to explain why he issued Garcia a concealed carry permit, but it is clear that this permit offered no “protection” to Garcia or anyone else. Instead, it endangered an entire community that has now paid a terrible and unimaginable price.

Parking Violation

2009-02-23T09:33:00.001-05:00

On February 6 in Memphis, Tennessee, Robert “Dutch” Scherwin was leaving Villa Castrioti, a restaurant where he and his three children were celebrating the birthdays of his father and father-in-law. In the restaurant’s parking lot, Scherwin began arguing with Harry Coleman and his wife about how close Coleman’s Hummer was parked next to his car, a GMC Yukon Denali. According to Scherwin’s son, the argument boiled over, leading Coleman to reach into the Hummer for his handgun. Coleman then shot Scherwin, who was unarmed, in the torso. Scherwin died in the parking lot in front of his three children.

One witness at the scene, Joseph Sneed, tried to intervene during the argument but backed off when Coleman drove his handgun into his chest. "From seeing the look in his eyes, without him saying it, I felt he was telling me, 'I'm going to kill this man. If you decide to get in the way, you're going to get hurt, too,’” said Sneed.

Police found the handgun used in the shooting in Coleman’s back pocket when he was taken into custody. Coleman, 59, was granted permit to carry a concealed handgun by the state of Tennessee in 2006. That permit has now been suspended. In addition, Coleman faces second-degree murder charges for the slaying of Scherwin. He has been released from jail after posting $50,000 bond and has indicated he will plead innocent to the charges and argue that he acted in self-defense.

Scherwin’s death has made orphans out of his three children: Dallas, 21, Colt, 19, and Savannah, 15. Their mother passed away in 2004 due to complications from rheumatoid arthritis.

Four days after the shooting, Shelby County Mayor A.C. Wharton publicly called for a statewide gun offender registry and felony penalties for first-time offenders who illegally carry guns. Though not without merit, it is unclear how either measure would have prevented Robert Scherwin’s death. Furthermore, Mayor Wharton curiously failed to mention the extensive problems experienced by Tennessee’s concealed carry permitting system. An investigation by the Memphis Commercial Appeal revealed that the Tennessee Department of Safety sent out 99 permit-revocation letters in 2008 to individuals who had successfully renewed permits despite being disqualified from owning firearms due to felony convictions, DUI charges, orders of protection, etc. Mayor Wharton might have also drawn attention to the minimal training requirements for Tennessee concealed carry permit holders—a one-day, one-time class that typically lasts 10 hours.

Shortly after his brother was shot and killed, Butch Schwerin wondered, "Why did it have to escalate? This was a parking space. All you had to do was go out and move your car. That would have been the end of it, not my brother being murdered." Clearly, had a gun not been present, the result of the argument between Robert Scherwin and Harry Coleman would have been, at worst, a fistfight. Nonetheless, there has been no indication from Tennessee’s elected or appointed officials that they are ready—or willing—to address Butch Schwerin’s important question.

Bottoms Up

2009-01-26T17:15:00.001-05:00

On January 13, a 26 year-old Salt Lake City man was using the restroom of a local restaurant when his concealed handgun went off unintentionally. The gun, a .40-caliber Kahr P40, apparently fell out of the man’s pants as he was pulling them up, hit the tile floor, and fired. The bullet struck the toilet beneath him, sending sharp pieces of porcelain flying. Some of this shrapnel lodged in the man’s arm, causing minor injuries. While no one else was hurt, an employee of the restaurant in the next-door women’s restroom was treated for chest pains after hearing the gun shot and panicking.

The man, whose name is being withheld by authorities, holds a permit to carry a concealed handgun in the state of Utah. Utah is a “shall issue” state, meaning that concealed carry permits are issued to applicants who pass a background check and complete four hours of firearm safety training.

According to Centreville Police Lieutenant Paul Child, “the accident would have been prevented if the man had used a secure holster. A good quality firearm also should not fire if it is dropped.” Several visitors to the Deseret News website, however, questioned why an individual would need to have a loaded handgun in the bathroom of a fast food restaurant.

Police confiscated the man’s handgun at the scene, but have indicated that the firearm will soon be released back to him. No charges have been pressed against him nor is there any indication that authorities will seek to revoke his concealed carry permit. There is apparently little concern that the man could have killed an innocent bystander, or that he violated several of the National Rifle Association’s most basic gun safety rules, including “ALWAYS keep the gun unloaded until ready to use” and “Remember, a gun's mechanical safety device is never foolproof. Nothing can ever replace safe gun handling.”

One Deseret News commenter mocked the gun lobby’s talking points in capturing the absurdity of the incident: “Guns don't kill people,” he/she said. “Toilets do.”

Forgot Something?

2008-12-15T10:08:00.001-05:00

Today’s “Ordinary People” blog features two stories that involve curious episodes of memory loss.

The first story involves a concealed carry permit holder who was shopping at a Wal-Mart in Steubenville, Ohio, on December 3. When he departed the store that day, he had his purchases in hand, but not his firearm. His .40 caliber Glock handgun was left sitting in his shopping cart, conveniently marked down for a five-finger discount.

Authorities are now searching for a “man driving a red Dodge Ram pickup truck” who apparently found the gun later in the day and drove off with it. Hardly comforting, but better than the real possibility of a child finding the gun at the popular family store… Apparently, this permit holder forgot not just his gun, but one of the National Rifle Association’s cardinal rules of gun safety: “Store guns so they are not accessible to unauthorized persons.”

Our second tale comes from the state of Tennessee, where authorities recently reported that 200 hundred state residents who have permits to carry concealed handguns might have their permits revoked or suspended because they have active restraining orders against them. Apparently, several counties in the state were failing to inform the Tennessee Department of Safety of such orders of protection. The Department of Safety did not realize this oversight through their own investigation-they were alerted to it by a Nashville television station.

Restraining orders are typically issued to protect spouses in abusive relationships. Charlotte Boatwright, President of the Coalition Against Domestic and Community Violence of Greater Chattanooga, commented, “We do know that there is a direct correlation between having weapons available in the home and lethality.”

Hopefully, the Tennessee Department of Safety will act quickly to revoke the permits of the 200 individuals in question. Public safety will also be better served if they remember in the future to audit their permit holder database to screen out potentially dangerous individuals who are prohibited under state statue from carrying concealed weapons.

"I blew her away."

2008-12-01T10:38:00.001-05:00

Richard Peters’ cavalier attitude towards the safe handing and storage of firearms caused a tragedy on November 16 in Marysville, Washington, when he shot and killed his six-year-old daughter while cleaning a firearm.

That night, Peters asked his daughter, Stormy, to retrieve a Colt Double Eagle .45-caliber handgun from a nightstand in his bedroom. The accident occurred when Peters removed the magazine from the weapon to prepare it for cleaning and pulled the trigger. Peters, who was apparently unaware that a live round was in the chamber, told detectives responding to the accident, “I blew her away.” He is being held in lieu of $250,000 bail while under investigation for first-degree manslaughter.

Peters, who is a concealed carry permit holder, told investigators that prior to the fatal shooting he drank up to five double shots of vodka and believed that he would have been too intoxicated to drive a car. He also revealed to investigators that he regularly allowed all three of his children (ages 3, 6 and 8) to handle his firearms, including the .45-caliber handgun with a “hair trigger” involved in the fatal accident. Child Protective Services took custody of Peters’ two surviving children and investigators have recovered a “large” number of firearms from his residence.

The fatal shooting wasn’t Peters’ only accident involving a firearm. As recently as November 1, he accidentally discharged a shotgun that was handed to him while shooting pumpkins. Thankfully, no one was harmed in that incident.

Peters told deputies responding to the shooting of his daughter that he was "very proficient" with firearms. His pattern of irresponsible behavior, however, demonstrates that nothing could be further from the truth. Peters broke almost every rule in the book related to gun safety. He handled firearms while drinking alcohol. He pulled the trigger on a gun on multiple occasions without inspecting the weapon’s chamber to make sure it was clear of ammunition. He allowed his children—one as young as three years old—to handle firearms without direct adult supervision. He even violated the cardinal rule of gun safety—ALWAYS KEEP A FIREARM POINTED IN A SAFE DIRECTION.

Rather than being an unpreventable or unexpected tragedy, the death of Peters’ daughter was foreshadowed by his reckless attitude towards guns.

Cowboy Up

2008-10-27T10:22:00.001-04:00

On September 19, Gerald Deaguiar risked his own life as well as the lives of other motorists as he raced his 2007 silver Jaguar at speeds of up to 90 mph against a motorcyclist. To make matters worse, Deaguiar was drunk and carrying two handguns, one on each hip. A Florida Highway Patrol trooper arrested Deaguiar and gave him a breathalyzer test at the Hernando County Jail. Deaguiar registered a Blood Alcohol Content (BAC) of .309—almost four times the legal limit. He was so drunk that he had to be hospitalized before being taken to jail.

After posting $1,250 bail, Deaguiar was released early the next morning. He has since been charged with driving while intoxicated, racing, and possessing a firearm while intoxicated.

Deaguiar holds a concealed carry permit that was issued by the state of Georgia. The state of Florida has a reciprocity agreement with Georgia, meaning that anyone who possesses a valid concealed carry permit in that state may carry a concealed weapon in Florida. Florida has an extremely liberal reciprocity policy that recognizes concealed carry permits from 33 other states.

An individual in Georgia only has to pay $15 dollars, show a photo ID, and submit to a basic background check to receive a concealed carry permit valid for five years. Applicants are not required to demonstrate proficiency with a handgun or knowledge of firearm safety as there is no written test or training requirement. Florida’s requirements aren’t much tougher. Florida prohibits applicants from obtaining a permit if they have two or more drunk driving convictions in the previous three years (one, apparently, is fine). The Sunshine State also requires applicants to take a two-hour firearm safety course or present evidence of military service.

There is no word yet on whether Deaguiar’s concealed carry permit will be suspended or revoked due to his criminal behavior.

Commentators are increasingly comparing America’s liberal concealed carry policies to the frontier days of the “Wild, Wild West.” In this case, such a comparison seems particularly apt. Deaguiar acted as the quintessential “Wild West” gunslinger—as if he were The Man With No Name in “A Fistful of Dollars,” riding through town with a pistol on each hip after taking shots of whiskey at the saloon. Armed, drunk and dangerous, he displayed a reckless disregard for public safety that belied the gun lobby’s best arguments about “law-abiding” behavior and responsibility.

Road Rage

2008-09-29T09:59:00.001-04:00

On August 5 in Pembroke Pines, Florida, a quiet morning erupted in tragedy when Special Agent Donald Pettit was shot and killed in the parking lot of a post office by James Patrick Wonder. Pettit, who was employed by U.S. Customs and Border Protection, was traveling along a Florida highway with his 12-year-old daughter when an incident of road rage led to a needless death.

For miles, Pettit and Wonder participated in an aggressive game of “chicken,” cutting off each other’s cars, slamming on brakes, and cursing heavily. When Wonder pulled over into the parking lot of a local post office, Pettit followed him.

The two men exited their cars and an argument ensued. Wonder, a concealed carry permit holder in the state of Florida, then drew his handgun and shot Pettit, who was unarmed, in the back of the head. While Pettit’s daughter looked on in horror, Wonder went back to his vehicle and fled the scene, leaving the federal agent to die.

Wonder attempted to elude police by dying his hair and driving in a rental car, but after a massive 24-hour manhunt, he was apprehended by authorities at a dialysis clinic thanks to an anonymous tip. “We told you we would get you,” said Pembroke Pines Deputy Chief Mike Segarra to a cheering crowd of law enforcement officers at a press conference later that evening. Police recovered several handguns from Wonder’s home, including the weapon they believe was used to shoot Pettit.

While Wonder was initially charged with premeditated murder and held without bond, on August 28, a Broward County grand jury indicted him on a lesser charge, manslaughter. Wonder then posted $10,000 bond and was released from jail. He now faces a maximum of 15 years imprisonment. Had he been charged with premeditated murder, Wonder could have received life in prison or the death penalty.

Frank Maister, an attorney for Wonder, expressed disappointment that the grand jury chose to indict his client. He also indicated he will argue his client acted in self-defense. He might have a strong case due to a Florida law that lowered the standard for using deadly force in public places. Previously, Florida law required citizens to retreat from a situation in which they felt threatened if they could do so safely. Florida’s 2005 “Shoot First” statute, however, changed the law so that, “A person who is not engaged in an unlawful activity and who is attacked in any…place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

Clearly, both Wonder and Pettit were at fault that day for allowing their road rage to escalate into dangerous behavior, and Pettit was wrong for following Wonder into a parking lot and confronting him. Beyond that, however, we are left with several important questions… Why didn’t Wonder call the police or drive to a police station if he was being followed by Pettit? If he was being actively attacked by Pettit, then why was Wonder uninjured, and why was the fatal bullet wound in the back of Pettit’s head? Most importantly, why would a man who acted legitimately in self-defense flee a crime scene (leaving a child to deal with her dead father) and attempt to evade police capture by ditching his car and disguising his appearance?

No matter what answers we eventually find, the sad fact is that no one had to die that day. The presence of a handgun during a moment of passion turned what should have been a shouting match or at worst a scuffle into a fatality that has left a family “destroyed.”

"I had fun."

2008-09-08T08:56:00.001-04:00

On July 17, Randal Rushing, 25, turned a quiet family home in Scranton, Pennsylvania into a slaughterhouse. At approximately 4:30 AM that morning, Rushing—who rented basement room in the house—went on a killing spree, using a handgun to order his victims into submission and then bludgeoning and stabbing them to death with carpentry hammers and knives. When all was said and done, three people lay dead: Justin Berrios, 21; Dustin Hintz, 22; and Leslie Collier, 16. Collier’s body was so badly beaten that police could not tell exactly how he was killed. Authorities believe that Rushing’s rampage was triggered by jealousy regarding a girl he was dating who also lived in the house.

Police apprehended Rushing at a friend’s apartment the next morning, where he was found playing Playstation in blood-soaked boots. As police led Rushing out of the house, he blew reporters a kiss and told them, “I had fun.” The office of the Lackawanna County District Attorney is currently deciding whether to pursue the death penalty against him.

Rushing had a permit to carry a concealed handgun in Pennsylvania. His permit application had been approved in less than 24 hours in February 2007, despite the fact that he listed the address of a homeless shelter as his home address and provided two references whose names were illegible. The sheriff who issued the permit, Barry Stankus, claimed that he “followed all the guidelines established by the Pennsylvania Crimes Code and utilized the [Pennsylvania Instant Check System] established by the Pennsylvania State Police.”

Stankus’ successor as sheriff, Michael Savokinas, was of a different opinion. He described Stankus’ office as a “one-stop shop” for permits and, stating the obvious, noted, “we should have called the [references].”

Rushing had no criminal record, but even outside the problems with his written application for the permit, there were obvious red flags in his background. His attorney, Paul Ackourey, has stated that Rushing “has some serious emotional and mental health problems that will be explored.” State Police also indicated that Rushing had “made overt threats” at T.J. Maxx, where he worked. Despite the fact that Pennsylvania is a “shall-issue state, pursuant to statute local law enforcement can deny a concealed carry permit to an individual who is “not of sound mind” or who “has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety” (among other reasons). Law enforcement is allowed 45 days to carry out an investigation on an applicant.

When claiming that concealed carry permit holders are the most law-abiding citizens in the country, the gun lobby will frequently point to the “rigorous” vetting they go through in order to obtain their permits. This case, however—and others detailed in our “Ordinary People” series—reveal that the screening process in many instances is not even cursory, much less rigorous. For example, Pennsylvania does not even require permit holders to undergo firearm safety training before carrying a handgun in public.

Several other important questions are raised by the Rushing case… Did Sheriff Stankus issue permits to other individuals who posed a threat to public safety during his tenure? Has the state of Pennsylvania implemented any monitoring or oversight procedures to determine if there are similar permitting problems in other counties?

An independent audit of the permitting process is also certainly justified. That is impossible, however, because Pennsylvania has enacted a National Rifle Association-drafted law that prohibits the public from accessing information on concealed carry permit holders.

One thing is clear—when it comes to individuals carrying handguns in public, it is time for Pennsylvania to start putting the safety of its citizens ahead of the interests of the gun lobby.

"Reasonable Belief"

2008-08-18T09:50:00.001-04:00

On July 9, a confrontation between an Indiana resident and a homeless man led to tragic violence in Salt Lake City, Utah. That day, Michael James Mays—who had a history of substance abuse problems—was seen pacing across the street from Mama’s Southern Plantation restaurant while talking on a cell phone. He then turned towards restaurant patron George Harrison, who was sitting outside Mama’s with a group of people, and approached him while shouting expletives. Harrison—who said that Mays lifted his shirt up and reached for his waistband—pulled out a concealed handgun and fired once at Mays, killing him. Police later determined that Mays had been unarmed.

Harrison is a concealed carry permit holder in the state of Indiana. Individuals who hold a valid concealed carry permit in any other state may freely carry concealed handguns while in Utah due to a reciprocity law.

The District Attorney’s office has exonerated Harrison and spokesperson Alicia Cook has stated, “We believe this incident falls within the parameters of self-defense and that the shooting was justified.” Oddly, Cook was also quoted in the same statement as saying, “You cannot use lethal force to respond to a fistfight.” Utah law allows the use of lethal force for self-defense when an individual “reasonably believes” that it is necessary “to prevent death or serious bodily injury.” Additionally, the law contains “Shoot First” language that removes an individual’s duty to retreat from a situation if possible before using deadly force.

What makes Cook’s statement puzzling is that Harrison fired his gun without the situation even escalating to the level of a fistfight. Yet the District Attorney’s office has found that Harrison was justified in his actions because he believed that Mays had a gun, without making any visual confirmation of the fact.

Mays’ son told the media, “If they do have a weapon, they should like pull out the gun and point it at them and say ‘freeze,' like cops would do. The guy who shot him is very immature...he needs to be ashamed of himself.” Numerous other relatives and friends said that they never knew Mays to be a violent person.

Responding to the District Attorney’s decision to not press charges, Mays’ first wife, Holly Mays, said, “I totally think it was unjustifiable … at least they could have written [Harrison] a ticket, something. I think now people think you can basically open fire in a residential area and say, 'I did it in self-defense.'” Family members are considering a civil lawsuit.

While it was wrong of Mays to confront Harrison, the situation should not have resulted in a fatal shooting. Without the introduction of a firearm into the confrontation by Harrison, the outcome could have ranged from a verbal confrontation to a fistfight. Even given the presence of a handgun, Harrison could have simply brandished his weapon until police arrived, or attempted to move away from Mays. In the end, he chose none of these options, shooting Mays without even giving a verbal warning. The result was an unnecessary death—or, as Steve Gunn from the Gun Violence Prevention Center of Utah put it, a "sadness, for both the victim and the shooter, because the shooter is going to have to bear that burden for the rest of his life.”

A Case of "Self-Defense"

2008-07-28T10:18:00.001-04:00

At 1:56 a.m. on the morning of July 13, Officer Joshua Miktarian of Twinsburg, Ohio, pulled over Ashford Thompson on suspicion of drunken driving. Dispatch tapes reveal that 90 seconds after making the stop, Officer Miktarian radioed for assistance and then failed to respond to the questions of the dispatcher and his fellow officers. During these critical moments, Thompson used a Kel-Tec P11 handgun to fatally shoot Miktarian four times in the head at close range. The location of two recovered bullets suggest that Thompson continued to fire even after Miktarian had fallen to the ground. Officer Miktarian never had a chance to draw his own weapon, which remained in his holster as he was flown to emergency medical care.

Thompson fled the scene and was later found with a handcuff on one wrist at a relative’s home, where he was arrested without further incident. Prosecutors are seeking the death penalty—Thompson is facing charges including aggravated murder, resisting arrest and tampering with evidence.

Thompson possessed a concealed carry permit in the state of Ohio and had no criminal record whatsoever. His defense attorney, Larry Zukerman, has argued that he acted in self-defense, but refused to offer any additional details. Prosecutor David Maistros has responded by saying, “He’s Mr. Thompson’s lawyer and he has a job to do. But self-defense? I’d find that laughable.” Added Twinsburg Officer Tom Austin: “Just because you have the right to carry a gun, it doesn’t give you the right to slaughter somebody.”

Sergeant Darren Senft from nearby Warrensville Heights commented on the dangers that law enforcement officers face in pulling over armed drivers: “When you’re making a traffic stop, you have no idea who this person is. There are so many unknowns.” The National Law Enforcement Officers Memorial Fund reports that 20% of fatal police officer shootings occur during traffic stops.

Friends and family remembered Josh Miktarian as a man who “brought laughter everywhere he went.” He leaves behind a wife (who is also a police officer) and a three month-old daughter. At a candlelight vigil conducted in his memory, Cindy Steele, wife of a local police officer, told the gathered mourners, “Look around you…We are good, caring people here…people who value human life.” Just a day earlier, Ashford Thompson made it apparent how little he valued human life by stealing Officer Miktarian away from his friends and family. As an individual licensed to carry a concealed handgun, Thompson was obliged to act responsibly with his firearm. Instead, he used it to needlessly kill a man who had dedicated his life to serving and protecting his community.

The "Hidden" Handgun

2008-06-30T18:36:00.001-04:00

On June 9, in Columbia, South Carolina, a family’s shopping trip turned into a nightmare when a child found her grandmother’s hidden handgun. The young girl, who is four years old, was riding in a shopping cart when she reached inside of her grandmother’s purse, pulled out a loaded small-caliber handgun, and shot herself in the chest. Luckily, the bullet missed her major organs. She is now recovering after intense surgery and will be released from the hospital soon.

The grandmother, Donna Hutto Williamson, a South Carolina magistrate, possessed a license to carry a concealed weapon in the state. Chief Magistrate Rodger Emerson Edmonds noted that it is common for magistrates to carry guns for protection: "Sometimes some of the judges have to make deposits at the banks. The other reason is for self preservation to protect yourself because there are some crazies out there."

Williamson had been shopping with her granddaughter at Sam’s Club. South Carolina law allows those with concealed carry permits to bring handguns into privately-owned businesses unless they post signs prohibiting firearms on their premises. Sam’s Club posts no such signs at their retail outlets.

It is clear from all reports that Williamson is a well-respected individual in her community. Her case demonstrates that even law-abiding gun owners are subject to the distractions of everyday life, which can sometimes lead to serious lapses in judgment. No one plans on accidents. Williamson believed that her gun would protect her if she was attacked by an armed criminal. In the end, however, it was her gun that ended up nearly killing her loved one.

Thankfully, her granddaughter survived the gunshot, but Williamson is still facing possible charges, including child endangerment and unlawful neglect of a child. Hopefully, this unfortunate incident will be a lesson to others—guns should always be stored away securely so that they are totally inaccessible to children.

Folk Villain

2008-06-16T10:01:00.001-04:00

On May 24, thousands of people gathered to listen to music and dance at the Northwest Folklife Festival in Seattle, Washington. Among the crowd was a 22 year-old man from Snohomish County named Clinton C. Grainger, who brought with him a Glock 19 handgun concealed in an ankle holster. Reports indicate that a fight began when Grainger gave a man at the festival a confrontational look as he walked by. The man said he thought he recognized Grainger and asked his name. Instead of answering, Grainger pushed the man in the chest and went for the gun in his ankle holster, firing the sidearm once. The bullet passed through the man’s nasal cavity, penetrated another person’s wrist and finally lodged in a third person’s leg. Miraculously, none of these three victims were critically injured, and all are currently recovering.

It seems odd that someone attending a peaceful music festival would feel the need to carry a gun on his person. But since that day, local law enforcement officials have discovered a number of startling facts about Grainger.

Since he was 18 years old, Grainger had been enrolled in a treatment program for drug addiction. He also struggled with mental illness, and was taking prescribed medication for anxiety and schizophrenia. Additionally, Grainger had a record of juvenile convictions for misdemeanor theft and possession of stolen property.

Despite these issues, Grainger was granted a permit to carry a concealed weapon by the state of Washington in 2007. Washington is a “shall-issue” state, meaning that local law enforcement officials must issue a concealed carry permit to any applicant who meets a basic set of qualifications and passes a computerized instant background check. Under federal law, those with felony convictions or domestic violence-related misdemeanor convictions are prohibited from possessing or purchasing firearms. The state of Washington also prohibits those convicted of “any crime of violence.” Grainger’s convictions, however, were for non-violent juvenile misdemeanor offenses, so they were not flagged when his background check was run.

Nor did Grainger’s diagnosis of schizophrenia prevent him from passing his background check. Federal law prohibits the possession or purchase of firearms by those who have been adjudicated as a “mental defective” or who have been involuntarily committed to a mental institution—neither of which conditions applied to Grainger’s case. Grainger also avoided disqualification for his drug addiction by claiming on his background check form that he was not “an unlawful user of, or addicted to, marijuana, or any depressant, stimulant or narcotic drug, or any other controlled substance.”

In the wake of recent tragedies at Virginia Tech and Northern Illinois University, many Americans are undoubtedly wondering why it is still so easy for individuals with histories of mental illness to purchase firearms and even obtain permits to carry concealed handguns. One thing is certain: Grainger would not have been able to obtain a concealed carry permit in a “may-issue” state, where local law enforcement is given the discretion to withhold a permit from an applicant who might pose a threat to themselves or others, regardless of whether they pass an instant background check.

In response to the shooting at the Folklife Festival, Seattle Mayor Greg Nickels has signed an executive order requiring the city to come up with a plan to prohibit visitors from bringing firearms into city facilities. Mayor Nickels deserves praise for this important step to improve public safety—however, in order to keep guns out of the hands of dangerous individuals, we must ensure that individuals are thoroughly screened before they are allowed to purchase and carry firearms.

A Child's Party, A Family's Nightmare

2008-06-02T13:18:00.001-04:00

Normally, a child’s birthday party is a time for celebration and joy. In Rhode Island, on May 18, however, one boy’s party turned deadly when a neighborhood dispute escalated into violence.

On that day, James Pagano, a local firefighter, was hosting a birthday party for his young son. During the course of the party, a ball that Pagano’s son and other children were playing with struck a car owned by a neighbor, Nicolas Gianquitti. An argument between Pagano and Gianquitti ensued and the men began to scuffle. Witnesses reported that Gianquitti then fired several shots from a handgun at Pagano, who was pronounced dead at a hospital shortly thereafter. There was confusion as to whether Gianquitti left his house armed, or if he returned inside to retrieve the handgun before shooting Pagano. Gianquitti has been charged with murder and is being held without bail.

Cranston Fire Chief James Gumbley told the media that Pagano, the father of two young children, was well-liked and respected by his co-workers. One neighbor described him as a “great guy, really family-oriented.” A friend called him the most stand-up, reliable friend you could ever know.”

Gianquitti, who served as a Providence police officer for six months during the early 1990s, legally owned the murder weapon and had been licensed to carry a concealed handgun in Rhode Island for fifteen years. From most accounts, he did not get along with his neighbors in Cranston. A former neighbor said that Gianquitti would often complain about balls “banging his cars.” In 2006, he filed a formal complaint with Cranston police about neighborhood kids going on his property. Adriana Pagano, James’ wife, filed her own complaint and was concerned that Gianquitti watched her children play from inside his house. Another neighbor described Gianquitti as “weird” and said that her parents told her younger brother to stay away from the man.

Despite the problems Gianquitti had with his neighbors, there was no indication that he was prone to violence. Before the shooting, Gianquitti possessed a clean criminal record and was legally permitted to carry a concealed handgun. Nor were Gianquitti’s issues with his property or neighbors unique, as many communities experience such conflicts and disagreements.

In almost all cases, however, such conflicts are resolved peacefully—through our legal system if necessary—but without violence. Had a gun not been present, Gianquitti and Pagano’s scuffle probably would have resulted in a simple fistfight. Bodies and egos might have been temporarily bruised and perhaps law enforcement would have been called in to mediate. Instead, Gianquitti’s gunfire has left James Pagano dead and a wife and two young children without the man they love the most. Gianquitti himself now faces a criminal charge that could land him in prison for the rest of his life.

Over kids on a lawn? A scuff mark or dent on a car? Whatever stress or anger Gianquitti was dealing with at the moment, surely it was not worth this.

Tragedy in Stafford County

2008-05-19T10:05:00.001-04:00

To the outside world, the Stafford, Virginia family of Aaron Jackson, LaTasha Thomas and their two children “seemed happy.” In reality, that was anything but the case. On May 5, Jackson used a semiautomatic AK-47 assault rifle to kill Thomas, before using a handgun to kill his children (ages 2 ½ and 1 ½) and himself.

Police responding to the crime scene at the family’s trailer discovered the bodies of the four victims, as well as six handguns, the AK-47 assault rifle, numerous boxes of ammunition, a sword, and a machete. The kitchen counter top in the trailer was crowded with empty liquor bottles. Jackson, 24, was discovered wearing a bulletproof vest.

Jackson and Thomas had been having relationship problems, and in the days before the shooting Thomas told others she wished to move out of the mobile home the couple shared. Jackson had begun a relationship with another woman, Ashley Price, with whom he shared an appetite for both alcohol and cocaine.

Jackson did not have a significant criminal record, however, and had been involved in no reported incidents of domestic violence. According to Jackson’s sister, his primary source of stress was financial in nature: "He was obviously upset—stuff wasn't going to well—everybody was having problems with money." Despite these issues, many who knew the family were baffled by the murder-suicide. One neighbor commented, “I sold them ice cream just the other day. They got SpongeBob ice cream.”

Authorities reported that Jackson possessed a concealed carry permit in the state of Virginia. “He carrie[d] a gun with a holster underneath him,” said Price, who stated that Jackson felt the need to protect himself in case he was ever attacked in public.

Ultimately, Jackson’s guns would provide him no protection. There was nothing extraordinary about his relationship issues, struggles with substance abuse, or financial problems—such stresses are experienced every day in our country by gun owners and non-gun owners alike. Regrettably, though, Jackson’s guns provided a permanent solution to temporary problems—allowing him to quickly and easily take not only his own life, but also the lives of those he loved, before cooler heads could prevail.

Lack of Protection

2008-04-09T10:16:00.001-04:00

Marc Kidby was a 30 year-old Ohio University employee who was deeply troubled by a pending divorce. A gun owner and concealed carry permit holder, Kidby became the subject of a domestic violence protection order that was filed by his wife on February 11. At that point, Kibdy’s concealed carry permit should have been suspended by the Athen County sheriff’s office in Ohio. Kibdy was also required by law to surrender his guns to authorities.

He did not surrender them, and the sheriff’s office failed to suspend his permit. A deputy with the office stated that he knew of “no case where anyone thought [Kidby] was a threat to others.” Kidby’s wife, however, had said in her petition for the protection order that he had threatened to kill both her and their two year-old daughter.

Moreover, it was abundantly clear Kidby was a threat to himself. He had threatened to jump off tall buildings, was admitted to a mental health hospital at one point, and talked of “suicide by cop.”

Sadly, on April 1, Kidby took his own life with a .38-caliber handgun he owned. An opportunity to avert tragedy had been missed.

Kidby’s struggles with depression and loss were far from unique, and his unfortunate death is a reminder that guns purchased for self-defense can sometimes become a threat to those they are meant to protect. As researcher Dr. Garen Wintemute recently noted, living in a home where there are guns increases the risk of homicide by 40 to 170% and the risk of suicide by 90 to 460%.

This case also highlights the tremendous importance of clarifying and enforcing court-ordered removal laws "to actively engage the criminal justice system in the process of removing firearms from individuals who are violent toward their intimate partners.” Regrettably, one recent study that examined state laws in this area reported “an urgent need for progress.” We can and should do better.

A Match Made in Hell

2008-03-28T09:56:00.001-04:00

This month's "Ordinary People" entry involves the unlikely duo of David Downs, a middle-class home owner from Levittown, Pennsylvania; and Sean Hagins, a crack dealer from Trenton, New Jersey. Downs had a nasty crack habit, and when Hagins saw him roll up for a purchase one day in a pick-up adorned with Pennsylvania tags and an NRA bumper sticker, he had an idea. As an ex-felon prevented from buying firearms, he wanted to know if Downs would be willing to buy guns for him in Pennsylvania. In Pennsylvania, handguns can be bought at a gun store in a matter of minutes. In New Jersey, the process can take weeks, even months. It was a match made in heaven—or hell, depending upon your perspective.

After the deal was struck, Downs, a concealed carry permit holder, bought scores of guns over the counter at established gun stores in Pennsylvania, easily passing the required computerized background checks. He failed to note that he was addicted to a controlled substance on the required sales form (which would have prohibited him under federal law from buying guns), but nothing came up in his criminal record and no one questioned him about it. These guns later ended up on crime scenes across Trenton. The owner of one of the stores that sold Downs the guns, commenting on the instant background check system that screens gun buyers, stated, “Maybe there should be a little more than that.”

At CSGV, we certainly agree. In New Jersey and certain other states, those purchasing handguns must obtain a permit through the police. This process involves fingerprinting and a background investigation by law enforcement. Such a process could have turned up evidence of Downs’ drug addiction. Given the flaws in our background check system (many disqualifying records have yet to be transmitted to the federal database), tighter screening makes a lot of sense and is the best way to catch questionable—and sadly, commonplace—activity that might fall through the cracks of a computer check.

10 Items or Fewer…Strictly Enforced

2008-02-13T12:46:00.001-05:00

“Shop till you drop” almost took on new meaning after a tense confrontation at a Winn-Dixie grocery store in Miramar, Florida, last Thanksgiving Eve. Frustrated at having to wait in a long checkout line, Miramar City Commissioner Fitzroy Salesman drew a concealed handgun and pushed it into the side of 18-year-old Lazavius Hudson, who Salesman claimed had too many items in his cart.

A video captured by surveillance cameras at the store shows Salesman, a concealed carry permit holder in the state, brandishing his .45 caliber handgun after a brief verbal confrontation with Hudson. After pulling his gun, Salesman is reported to have taunted the other customers in the store, saying, “they can call the police.” He apparently was confident that he would not go to jail for the offense and told police that he pulled the gun because he felt threatened.

Salesman has since been charged with aggravated assault with a firearm and removed from the city council by Florida Governor Charlie Crist. Although Salesman by all objective standards was not under any real threat at the Winn-Dixie, his claim to police that he “felt threatened” may allow him to cite a new Florida law in his defense at his upcoming trial.

Florida’s “Shoot First” statute, which became law in 2005, eliminates the duty to retreat from a threat and allows residents to use deadly force anywhere they are legally permitted to be to stop the commission of a “forcible felony.” Any felony that involves the threat or use of physical violence against an individual is included under the auspices of the law. Individuals need not meet some reasonable standard of fear of such a threat to their safety, but rather must only subjectively affirm that they felt threatened. The burden of proof in these cases falls upon the prosecution, who must prove a defendant’s state of mind wasn’t one in which he/she felt threatened.

Fortunately, Hudson was not physically harmed and will be able to testify in the case and go on with his life. We regret to say that Florida’s Shoot First law has already led to several shootings that resulted in the deaths of unarmed civilians. We believe that every citizen, innocent or guilty, has the right to a fair trial by jury where there is an objective standard as to what constitutes “reasonable force.” By enacting a Shoot First law, the Sunshine State has chosen the path of vigilantism over that of reason and allowed momentary bouts of hubris to determine the course of lives. For this reason, future Fitzroy Salesmans will undoubtedly feel emboldened.