Category Archives: Examples of Gun Control Failure

NOWTTYG: MSNBC Urges Dem Senators o Seize ‘Opportunity’ of Terror Attack to Push Anti-Gun Agenda

Newsbusters posted this a few days back, with a clip from MSNBC’s Morning Joe show.

Here’s the transcript:

JOE SCARBOROUGH: …background checks, still 97% of Americans support background checks. 60% of American support some sort of ban on so called assault weapons. In that stricter gun law, 61% support. That assault weapon number is higher than usual. So now does seem like again an opportunity, I think, in large part because of the acts of terror that have happened in San Bernardino and then in Orlando. 

KATTY KAY: You know I think there is an opportunity, but all of us who have watched this over the years right Joe after Newtown we’re so feel so cynical and defeated about the prospect of getting anything done. But I was wondering, from the senator, is there anything that can be done short of changing the statutes. For example, red flags that pop up to the FBI if somebody has been under investigation, but that investigation is now closed. Which is what the FBI’s argument is in this case. Is that you know is there something that can happen short of having to actually get congressional approval?

Oh, this is an opportunity for change? Let’s approach this from a facts based manner:

The last “several” mass shootings were carried out by people who were background checked, or more. In the case of the Orlando shooter:

  • The shooter bought his guns at a gun store, where he was background checked.
  •  He had a concealed carry permit, for which he was background checked.
  •  He had a state firearms license, for which he was background checked.
  •  He was also an armed security guard for a government contractor which required an active security clearance, for which he was (you guessed it) background checked.
  • Somewhere in the last two he had to have 60 hours of training and a medical exam that certified he had no issues.
  •  The FBI interviewed him, twice, and investigated him for 10 months. He wasn’t on the Terrorist Watchlist either – they pulled him off after they didn’t find anything actionable.

Universal Background Checks wouldn’t have stopped this. Using the Terror Watchlist wouldn’t have stopped this. FBI interviews didn’t stop this. This was a government failure all the way around. This guy was a poster child for antigun policy proposals and still turned around and killed people.

In the case of San Bernardino, the shooters killed their victims in spite of a litany of California laws:

  •  Assault weapons ban.
  •  Mandatory handgun registration
  •  Mandatory rifle registration
  •  Mandatory safety training requirements
  •  Mandatory waiting periods before picking up guns after buying them.
  •  High capacity magazine bans
  •  Detachable magazine bans on rifles
  •  Mandatory Universal Background Checks
  •  Ban on open carry of weapons
  •  De facto ban on concealed carry thanks to arbitrary “may issue” requirements
  •  Total prohibition of bombs

Something does have to give. We need to stop rewarding the failure of gun control with more gun control. We need to examine whether these laws work, and if they don’t, eliminate them because they aren’t serving their purpose (other than to make red tape for non-criminals).

Social Engineering Opportunity: Gun Buyback in Miami = opportunity for buyers

Oh look, another gun buyback…

A South Florida boxing gym is taking a stand against gun violence in hopes of making our neighborhoods safer. A gun buyback event is being held in Miami this weekend.

“We need you guys to turn in your guns. We need the community from all over Miami-Dade County to show up and show out because too many young people have been shot or killed by senseless gun violence,” said Rev. Jerome Starling, Jordan Grove Baptist Church.

http://www.nbcmiami.com/news/local/Gun-Buyback-Event-in-Miami-Hopes-to-Curb-Gun-Violence-371738391.html

Well, let’s see what the plan is:

The plan is to give people $100 gift cards for each working gun they turn in and $50 gift cards for guns that don’t work.

The Heavyweight Factory boxing gym in Hollywood is sponsoring the event and donating $100,000 for the gun buyback. The owner of the gym grew up in Liberty City.

Hmmm, $100 gift card?  This seems like an excellent opportunity for enterprising buyers to offer $150 cash for any AR-15 or SW686 or Colt 1911s that would be turned in.

Or to head on down to Home Depot and make a few pipe guns.

Dontray Mills & Jalita Johnson – perfect examples of why the President is wrong on background checks.

I’m still pretty incensed from Tuesday’s press conference, where President Obama mentioned background checks 22 times:

The problem is some gun sellers have been operating under a different set of rules.  A violent felon can buy the exact same weapon over the Internet with no background check, no questions asked.  A recent study found that about one in 30 people looking to buy guns on one website had criminal records — one out of 30 had a criminal record.  We’re talking about individuals convicted of serious crimes — aggravated assault, domestic violence, robbery, illegal gun possession.  People with lengthy criminal histories buying deadly weapons all too easily.  And this was just one website within the span of a few months.

So we’ve created a system in which dangerous people are allowed to play by a different set of rules than a responsible gun owner who buys his or her gun the right way and subjects themselves to a background check.  That doesn’t make sense.  Everybody should have to abide by the same rules.  Most Americans and gun owners agree.  And that’s what we tried to change three years ago, after 26 Americans -– including 20 children -– were murdered at Sandy Hook Elementary.

Ignoring that no background check in the world would have stopped Adam Lanza from killing those kids at Sandy Hook, President Obama lied outright when saying that violent felons can get weapons over the internet, as if shopping online suddenly removes federal firearms regulations.

It doesn’t.  Violent felons are always considered prohibited persons under US code and therefore it is illegal for them to purchase firearms, online or otherwise.  There’s no magical exemption from background checks for them, whether they are trying to buy a gun online, face to face, or in a store.   Well, unless they are getting their guns from the Feds via Operation Fast and Furious as some gleefully pointed out.

Politifact rated this claim as “mostly true” because, for some reason, they think that because the possibility exists, it’s a fact – as if the President was referring to DarkNet Market sales of firearms when he was talking about background checks.  Here’s a clue for Politifact – background checks aren’t ever going to be put in place on these sorts of sales, so why on earth would you think that remotely applies to what the President was talking about?  “But but but ARMSLIST!” they go on to say, ignoring that Armslist is not a site that accepts transactions.  If the money doesn’t change hands online, it’s not an online sale.

Lack of Consequences

This is all a sideline though, because the main problem isn’t about lack of background checks – that’s not the elephant in the room. The issue is that firearms violations aren’t being prosecuted and have never been a priority for this administration.

All the laws in the world don’t matter if you fail to enforce them.  I’ve mentioned previously that firearms violation prosecutions have fallen during President Obama’s tenure, despite his “tough” talk on firearms crime, but it seems like the media is content to let this issue slide while giving him fawning adoration over his crocodile tears.

Here’s two rather notable examples that should be brought up each and every time that the President screams for more background checks: Dontray Mills and Jalita Johnson

Dontray Mills

Dontray Mills, 24, purchased a total of 27 firearms, mostly handguns, between December 2012 and April 2014 and pleaded guilty to one of the charges on April 22, 2014, after an ATF investigation. As a result of the conviction, Mills will never again be able to buy firearms legally.

On Wednesday, he was sentenced. As part of the plea bargain, prosecutors agreed with the one year of probation.

Randa said he recognized the seriousness of the offense and acknowledged the problem of guns winding up in the hands of people who use them to commit violence.

Wow.  Probation. For providing 27 firearms to gang members.  55 counts of firearms violations, from buying guns with fake IDs to selling without a license.  His sentence: probation with no jail time.

Jalita Johnson

Johnson bought her boyfriend, Marcus Wheeler, a Glock pistol.  Wheeler happened to be a convicted felon, and was wanted in connection for another shooting when he turned around and used that same pistol to murder a cop.

However, she confirmed that the firearms transaction record the agents had acquired from Arrowhead Pawn Shop looked like a copy of the one she had filled out when she bought the gun.

Johnson, from Jonesboro, replied ‘yes’ to a question on the form asking whether she was the actual buyer of the gun, according to a sworn statement by an agent from the ATF, filed in court last week.

However, Wheeler had actually given her the money to buy the gun for him, it is alleged.

Wheeler, who was not legally able to own or buy a firearm himself, also sent his girlfriend several text messages while she was in the pawn shop indicating what she should buy, the statement said.

After she bought the gun, Johnson allegedly gave it to Wheeler, who occasionally visited her.

Orozco, who lived in Council Bluffs, Iowa, and was a native of nearby Walnut, Iowa, was shot dead after Wheeler opened fire on officers trying to arrest him in connection with another shooting

This is a textbook example of a straw purchase that ended with a dead cop.  Clearly they threw the book at her, right? Wrong.

A Clayton County woman was sentenced to a year of probation for lying about the gun she purchased for her boyfriend, a convicted felon who used the Glock to kill a Nebraska police officer.

Jalita Jenera Johnson, 26, must also complete 40 hours of community service and serve 180 days of home confinement, U.S. Attorney John Horn’s office said Monday.Johnson pleaded guilty in August.

Johnson got caught with texts from Wheeler specifying what gun to buy. She lied on the ATF Form 4473. which is punishable by up to 10 years imprisonment and / or up to a $250,000 fine.  She gave the gun to a convicted felon who was already wanted for another shooting, effectively enabling him to murder a police officer.  She then lied to the feds who questioned her after the gun was traced.

She got a slap on the wrist for it.

If you can’t muster the intestinal fortitude to put someone behind bars after they straw purchased a firearm that is used to kill a police officer, why should we take you seriously when you call for more background checks?

What can be done to stop mass shootings & gun crime? I’m ever so glad you asked.

With another mass shooting making headlines, the antigun extremists are out in force, from the President stating he would like Australian style gun control (and the firearms bans & confiscations that go with it), columnists not even bothering to hide that they want confiscation, to the slacktivists sharing facebook memes.

Here’s the thing, though.  When they are done venting, if you ask them what their plan is to specifically address these shootings, they can’t identify what would have prevented them.  Watch Charles W. Cooke do just that on Morning Joe:

I’ve got some ideas though.  Pardon the coarse language, but it’s time for real talk and if you can’t handle it, you aren’t ready for a serious discussion on this topic.

Identify the current policies that are failing
All jokes about nuclear holocaust and wiping out humanity as a solution aside, I think we all can agree that the current policy of “let’s make sure that the crazy guy with a gun has a safe working environment” has failed miserably at preventing mass shootings. When you are just nutty enough to commit several death penalty felonies such as mass murder and the like, a sign on a door saying “no guns” isn’t going to stop you. With that in mind, maybe it’s time to allow people to defend themselves since there’s at least 10 instances of people with CCW preventing mass shootings or stopping them from getting any further.

Nobody is saying HURR DURR GUNS EVERYWHERE. Nobody is calling for armed swat teams in schools. Please save the “blood will run in the streets, armed vigilantes getting in fights over tests!” arguments as they haven’t born out in the 30 or so years CCW reform has been spreading through the US. Texas collects CHL revocation rates and unsurprisingly people who bother to go through the legal rigmarole of having a clean criminal record, getting tested and getting a permit to carry commit far fewer crimes than the general population as a whole. Before anyone starts whining about drunk freshmen carrying guns at college, most states have a 21 year old age limit for CCW so chances are the only people carrying are going to be adults doing continuing education or veterans using the GI Bill. All things being equal, I’d rather dudes like Chris Mintz have something other than their gigantic brass balls to fight with if they happen to encounter a school shooter.

As it is right now, even if your state allows you to carry at work or school, you can be fired or expelled for doing so. Maybe, just maybe, that should change.

This is not a “guns everywhere” argument.  This is about being pro-choice when it comes to self defense.

Stricter enforcement of firearms violations
Most firearms crimes are felonies. It does no good to make all these felonies if you don’t prosecute. If someone is stopped on a background check because they are a felon, put them in jail. Obama has talked tough on this but hasn’t delivered

Then again, neither has any president. This is a decades long problem, across all administrations. Nobody has ever cracked down on these crimes – you know how you hear about background checks stopping [x] number of felons from getting guns? Each of those is a slam dunk fed felony with prison time up to ten years and fines up to $250k. They aren’t enforced ever so they aren’t effective deterrents – they are a toothless threat. When Colorado passed universal background checks, they touted something like 2900 criminals being stopped by background checks within the state and claimed this was a sign of success (and these were actual felons with ag assault, murder, burglaries, etc convictions). They made around 230 arrests off them. Who knows how many went to jail for it.

Meanwhile guys like this get probation for actually getting caught trafficking by nutball judges.

On top of that, a couple of these mass murderers had run ins with the cops prior to going hog wild

  • The Navy Yard Shooter, Alexis Aaron, had shot out some guys tires, claiming he went into a blackout rage and got his ass kicked out of the navy on another firearms charge.
  • The guy that shot up the Lafayette movie theater had been denied a CCW because he’d been brought in on arson and domestic violence charges. Guess what? No convictions.

Maybe, just maybe, getting some of these guys to plead guilty to felonies or putting them behind bars might have prevented them being able to buy a gun in a store.

Fixing the background check system
For those unfamiliar with the process, every time someone buys a gun from a FFL, they are put through the National Instant Background Check system that was proposed by the NRA when the 94 Brady Bill went through. The NICS system takes the info filled in on the ATF 4473 and checks it against a FBI database and returns either PROCEED / DENY / DELAY. It’s only as good as the info that gets put into it.

NICS needs to be fixed. States are inputting crap into the database, or not putting in complete records. The gun industry has a campaign to solve this: http://www.fixnics.org/factinfo.cfm

  • Remember the Lafayette movie theater guy? Yeah, GA removed his info from NICS, allowing him to buy a gun from a pawn shop.
  • Dylan Roof, the Charleston Church Shooter, had been arrested for drug charges and was pending trial, making him a prohibited person blocked from purchasing. Whoops, the reporting agency didn’t put the data in correctly and when Roof bought his gun, he was passed by NICS.
  • Jaylen Fryberg, the Marysville School Shooter, got his firearm from his father, who falsified his 4473.  Fryberg’s father was under a permanent protective order and a prohibited person – NICS should have caught that, had the information been properly

Worried about the so called “gun show loophole”? Open NICS to the public
We hear a lot of whining about how everyone needs Universal Background Checks and the Gun Show loophole and that sort of bullshit. The facts are that most of those mass murderers bought their guns at gun stores.

  • The asshole that shot up Umpqua? Bought 13 guns over 3 years, all at gun stores. Background checked for each. Apparently he got chaptered out of basic too, so there’s that…
  • Roof bought his gun at a store, and was background checked.
  • Alexis Aaron, the Navy Yard Shooter, bought his shotgun from a store and was background checked.
  • Holmes bought his guns at a store, and was background checked.
  • Cho, the Virginia Tech shooter, bought his guns at a store. You guessed it, background checked.
  • Eliot Rodgers, the Isla Vista beta bought his pistols at a store, registered them in California’s database, and underwent a waiting period for each after getting background checked – ticking off just about every gun control wish list item.

Lanza wasn’t background checked, but his mom was, and registered her guns, and complied with CT’s waiting periods and all that jazz. Even had them locked in a safe. He just murdered his mom to get to them, possibly because she was going to have him committed.  So clearly background checks aren’t a factor in stopping mass shootings and aren’t going to do any good, even if you implement Universal Background Checks.

B-b-b-b-b-b-b-b-but 40% of criminals get their guns from private sales! Nope. Not true. That’s based on a study that came out before the background check even was in place in 1995. On top of that, a study from U Chicago just came out that surveyed inmates in for violent crimes and they asked where they got their guns from. 2% said a store. 70% said family or fellow gang members. In IL you have to have a FOID to get ammo, nevermind a gun, so these enterprising lads would have a girlfriend with no rapsheet buy a bunch of guns, report them stolen, and turn them over to the gang. The rest came from street connections such as drug dealers who’d been traded guns for drugs.

Color me shocked that people who can figure out how to get cocaine from Columbia, superlab meth from South America, heroin from the far east and a host of other illegal shit including human beings for the sex slave trade are also able to figure out ways around obtaining firearms in order to protect their profits.

The “gun show loophole isn’t really a problem. Criminals state flat out that they don’t like buying them from strangers because they worry about stings.

So what can be done? Universal Background Checks aren’t a good idea – it doesn’t solve the problems listed above, and adds a whole host of new ones because the NICS system currently gets overloaded on busy sales days. Plus, it’s really a dick move to whine about people living in food deserts and then make them ride public transit across the county (or in San Francisco or Chicago’s case, out of the goddamn city since there’s no gun stores there anymore) and find a FFL during business hours, forcing them to take time off from their 3 minimum wage jobs…. etc etc etc to use every possible tumblr stereotype about why [proposal x] is racist.

What is a good idea? Open a public, smartphone accessible NICS portal to allow private sellers to prevent unlawful transfers – not perfect but better than nothing and a positive defense against trafficking charges. The Coburn proposal was just that. The same people shitting their pants about how we absolutely had to do something about the gun show loophole and needed UBCs voted in lockstep against it, showing that they really aren’t for making improvements, just telling gun owners to fuck off.

Blah blah blah MENTAL HEALTH
Yeah, it’s a trite thing to say and paid a lot of lip service, but something needs to be done. There need to be clear reporting policies for people who are a danger to themselves and others. This is tough because on one hand you don’t want to prevent people getting help. On the other hand, Holmes told his therapist about wanting to kill people before Aurora and she sent his journal by snail mail instead of getting the cops out there. Aurora was the result. Lanza was supposedly getting committed. Alexis Aaron had several episodes including hallucinations prior to shooting up the Navy Yard. As did Hauser in the Lafayette Theater shooting. Cho,the Virginia Tech Shooter had court ordered psych evals too. The guy from Umpqua was apparently a sperglord and on several meds as well. Notice a pattern?

And you know there’s no way Big fucking Pharma is going to allow a study to be done on what kind of psych meds all these crazy fuckers were on when they shot up the place. So the therapists need to be more proactive as they are the early warning system.

Rounding out this giant TL;DR there this
Stopping things before they start
An ounce of prevention, right? Violence interruption work such as what Dr Gary Slutkin does – http://www.ted.com/talks/gary_slutk…ipt?language=en – this has worked everywhere it’s been tried from Chicago to Iraq.

See also Richmond California’s efforts which led to a 2/3 reduction of murders – http://m.motherjones.com/politics/2…-rate-gun-death – stop likely offenders before they turn into murderers by making them productive members of society. This involves police work and community outreach.

Anyhow, if you don’t like this wall of text SMDFTB

If you want to whine about how we need more gun control, here’s another wall of text from an actual subject matter expert on firearms, competition shooting, firearms training, best selling author and more. This is most of the standard gun control arguments broken down so ignore the parts that you aren’t bitching about.

California: Machinegun used to shoot up neighborhood in Rancho Cordova

Sacramento County sheriff’s deputies shot one person and detained two others after a machine gun-wielding man terrorized a Rancho Cordova neighborhood Thursday afternoon.

http://www.kcra.com/news/local-news/news-sacramento/rancho-cordova-school-on-lockdown-due-to-police-activity/35206316

Now, this could be another typical example of the news media calling a standard AK type rifle a machinegun, but let’s take it at face value:

Laws broken:

  • Federal National Firearms Act of 1934 – requires all machineguns be registered, with the owner background checked and fingerprinted.
  • California further requires a permit for owning a machinegun – these are rarely issued.
  • California has banned most “assault weapon” style rifles on top of this.

Odds that this weapon was legally owned? Slim to None.