"There is absolutely nothing wrong with the law."

"We saw a parade of hypotheticals by those who opposed this ... What's important is the message it sends, and that's, 'Don't attack me.'" - NRA Florida lobbyist Marion Hammer, March 12, 2005

With the entire nation outraged about the February 26, 2012 murder of 17 year-old Trayvon Martin in Sanford, Florida by concealed handgun permit holder George Zimmerman, 28, the gun lobby is finally breaking its silence on the tragedy. It has been well chronicled that the National Rifle Association's "Stand Your Ground" law in Florida has played a central role in the controversial decisions made by the Sanford Police Department in the case.

The "Stand Your Ground" law eliminates the longstanding common law duty to retreat from a conflict if one can do so safely. It also allows an individual to meet force with lethal force—thereby escalating a simple fistfight into a firefight. Finally, it grants immunity from both criminal prosecution and civil action to those deemed to have acted in "self-defense" under its liberal terms. Protected by these provisions, Zimmerman has yet to be arrested and still has both his handgun and his concealed handgun permit in hand. And it took nearly a month, a petition with more than a half-million signatures, national media attention, and Department of Justice intervention for the State Attorney's office to convene a grand jury in Seminole County to investigate the case.

Those responsible for the law, however, fail to see a problem.

The NRA's Marion Hammer, who was the primary lobbyist for the "Stand Your Ground" bill in Florida, told the Palm Beach Post that calls for the arrest of George Zimmerman are premature, stating, "For law enforcement to rush to judgment just because they are being stampeded by emotionalism would be a violation of law. This law is not about one incident. It's about protecting the right of law-abiding people to protect themselves when they are attacked. There is absolutely nothing wrong with the law." Responding to comments by Florida Republican Governor Rick Scott, who said, "If there's something wrong with the law that's in place, I think it's important we address it," Hammer added, "If the governor wants to waste time looking at it he can knock himself out."

She was right about one thing. It's not about one incident. The Stand Your Ground defense has been used in at least 93 cases in the past five years in Florida (these are just the confrontations that made the newspapers). In 57 of them, those who used force were either not charged with a crime or the charges were dropped by prosecutors or dismissed by a judge before trial. Seven other defendants were acquitted.

All in all, Hammer's comments were not surprising given that she justified the law years earlier by stating, "Through time, in this country, what I like to call bleeding heart criminal coddlers want you to give a criminal an even break, so that when you're attacked, you're supposed to turn around and run, rather than standing your ground and protecting yourself and your family and your property."

Concerned citizens with different opinions about the "Stand Your Ground" law can contact Marion Hammer at her office at (850) 222-9518.

The legislator who sponsored the "Stand Your Ground" bill for the NRA in the state legislature has also weighed in on the Trayvon Martin tragedy. While admitting that his law "has been used by [George Zimmerman] to pardon his actions," Republican Florida Rep. Dennis Baxley (R-Ocala) vigorously defended the law in a March 21st editorial for FoxNews.com, arguing that it "does not seem to be applicable to the tragedy that happened in Sanford." In doing so, he stated that "there is no duty to retreat when an individual is attacked on their property," but failed to acknowledge that this duty is removed in public as well.

Explaining why he sponsored the law in the first place, Baxley said the "catalytic event" was an incident in which a Panhandle man shot and killed a man breaking into his RV. But not only was this man not convicted of any crime, prosecutors didn't even bring charges against him.

Outside of his editorial piece, Baxley's tone has been decidedly different. He told the Palm Beach Post, "Invariably when there's any adverse incident, it's open season for anti-gun factions to disseminate this idea that there's something wrong with 'Stand Your Ground.' There's nothing in 'Stand Your Ground' that authorizes anyone to pursue and confront an individual. That's the problem in this case. Let them do a bill about that." To Baxley, the law continues to be "good public policy."

Rep. Baxley can be contacted at (352) 732-1313 or (850) 488-0335. His Twitter account is @dennisbaxley.

Meanwhile, the NRA continues to push and promote "Stand Your Ground" laws across the country. As Media Matters recently chronicled, since Trayvon Martin's death the NRA has continued to actively lobby for "Stand Your Ground" laws in Iowa, Alaska, and Minnesota, among other states.

In truth, the NRA has long experience with unnecessary "self-defense" shootings, including ones in which minority youth are the victims. The man who seized control of the NRA during the 1977 "Cincinnati Revolution," Harlon Carter, and turned it into a no-compromise, far right wing organization focused on rolling back existing gun laws, was involved in such an incident.

On March 3, 1931, Carter, who was 17, shot and killed 15-year-old Ramón Casiano. After returning home from school that day, Carter was told by his mother that there were three Hispanic youths loitering near their family’s property. Carter left his house, shotgun in tow, to confront the alleged loiterers. After finding Casiano and his two companions, Carter pointed his shotgun at them and ordered them to come with him. Casiano refused and pulled out a knife and asked Carter if he would like to fight. Carter then pointed the shotgun at Casiano’s chest. Casiano pushed the gun aside and asked Carter not to shoot while taking a step back. He was then shot and killed. Carter claimed self-defense, but the presiding judge instructed the jury, “There is no evidence that defendant had any lawful authority to require deceased to go to his house for questioning, and if defendant was trying to make deceased go there for that purpose at the time of the killing, he was acting without authority of law, and the law of self-defense does not apply.” Carter was convicted of murder without malice aforethought (a crime similar to second-degree murder) and sentenced to three years in prison. Subsequently, Carter successfully appealed his conviction with the appeals court, holding that the trial court failed “to submit to the jury appropriate instructions upon the law of self-defense.” When the shooting incident was reported in media in 1981, Carter initially denied that he had killed Casiano before falsely claiming that the shooting took place on his property.

Sadly, all these years later, the NRA has made sure the Harlon Carters of America are still getting away with it far too often.

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

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.

Shooting Buddies

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.

Terrorists' Right to Carry

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

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.