Pure Fantasy

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.

Open Carry Nightmare

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.

Parking Violation

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.

Forgot Something?

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.