Does it Apply?

Last year, the Supreme Court overturned a handgun ban here in the federal enclave of Washington and ruled that the Second Amendment protects individual gun ownership (the justices did leave room for firearms regulation, saying government could prohibit guns in "sensitive places" and forbid ownership by certain dangerous people, such as felons). But the court did not say whether the Second Amendment also applies to the states.

Last Thursday, an 11-member panel of the 9th U.S. Circuit Court of Appeals grappled with this specific question. The case, Nordyke v. King, involves a dispute over a firearms ban at the Alameda County Fairgrounds in California. Some members of the divided panel argued that the Second Amendment "right to keep and bear arms" is binding on states. Others argued that the Supreme Court has never overturned its earlier rulings that said the Second Amendment applies only to the federal government. One judge suggested the court uphold the ordinance as a valid public safety measure while side-stepping the constitutional argument.

Sayre Weaver, attorney for Alameda County, presented the argument that the earlier Supreme Court decisions that set precedents on the scope of the Second Amendment remain binding and can be overturned only by the high court. The 9th Circuit issued an order after the argument that they are holding the Nordyke case pending disposition by the Supreme Court of another case, National Rifle Association v. Chicago, where the 7th Circuit Court of Appeals found that the Second Amendment is not incorporated at the state level.

The Supreme Court’s decision on whether to accept the Chicago case for consideration will be a key one and have a significant effect on gun-related litigation across the country.

A Little Less Comedy Tonight

One of the greatest things about working for the Coalition to Stop Gun Violence has been the myriad of fascinating people that you meet and come to admire.

One such person is Larry Gelbart, the award-winning writer whose sly wit helped create such hits as Broadway's "A Funny Thing Happened on the Way to the Forum," the films "Tootsie" and "Oh, God!" and the hit television series "M-A-S-H". Mr. Gelbart died this past week at the age of 81.

During his long career as a comedy writer, Gelbart wrote for Bob Hope, Jack Paar, Red Buttons, Jack Carson, Eddie Cantor, Joan Davis and many others. In the 1950's he joined a legendary writing team that included Mel Brooks, Neil Simon and Carl Reiner writing for Sid Caesar's "Caesar's Hour."

Reiner, longtime friend and colleague, as quoted by AP writer Christy Lemire, called Gelbart "the Jonathan Swift of our day...It's a great, great, great, great, great, great loss. You can't put enough `greats' in front of it." Reiner directed "Oh, God!" from Gelbart's Oscar-nominated script. "The mores of our time were never more dissected and discussed. He had the ability to make an elaborate joke given nothing but one line."

Mr. Gelbart was a warm and generous human being. He will be greatly missed. There will be a little less comedy tonight.

Old and Wise

As I reflected on the harsh political rhetoric of this past summer, I was reminded of the words of the ancient writer of the Epistle of James:

"You must understand this, my beloved: let everyone be quick to listen, slow to speak, slow to anger, for your anger does not produce righteousness. Therefore rid yourselves of all sordidness and rank growth of wickedness, and welcome with meekness the implanted word that has the power to save your souls.

"But be doers of the word, and not merely hearers who deceive themselves. For if any are hearers of the word and not doers, they are like those who look at themselves in a mirror; for they look at themselves and, on going away, immediately forget what they look like. But those who look to the perfect law, the law of liberty, and persevere, being not hearers who forget but doers who act—they will be blessed in their doing.

"If any think they are religious, and do not bridle their tongues but deceive their hearts, their religion is worthless. Religion that is pure and undefiled is this: to care for the orphans and widows in their distress, and to keep oneself unstained by the world."

[James 1:19-27, Inclusive Language translation]

In Search of That Better America

Senator Edward M. Kennedy, who passed away last Tuesday, was a stalwart force in national efforts to stop gun violence. Our country is better today for the work that the senator did to keep guns out of the hands of criminals and children. Senator Kennedy supported every major gun safety initiative since the Gun Control Act of 1968; including the Brady background check law, the ban on assault weapons, and ongoing efforts to close the gun show loophole. His wise counsel, gentle good humor, and steely resolve on these issues will remain in the hearts and minds of all those who work to reduce gun violence.

In addition, he had a tremendous impact on nearly every aspect of modern American political life. Some of his many legislative accomplishments were summed up in remarks at his "Celebration of Life" by Senator John Kerry, his colleague from Massachusetts:

“Ted Kennedy changed the course of history as only few others ever have. Without him, there might still be a military draft. The war in Vietnam might have lasted longer. There might have been delays in passing the Voting Rights Act or Medicare and Medicaid. Soviet Jewish Refuseniks might have been ignored—and who would have been there to help them as Ted did? Without him we might not have stood up against the apartheid government in South Africa. The barriers to fair immigration might be higher...

“Without Ted, 18-year-olds might not be able to vote. There might not be a Martin Luther King Jr. holiday, Meals on Wheels, student loans, increases in the minimum wage, equal funding for women’s college sports, health insurance portability, the Family and Medical Leave Act, the Americans with Disabilities Act, the first billions for AIDS research, workplace safety, Americorps, or the Children’s Health Insurance Program...

“He stood against judges who would turn back the clock on constitutional rights. He stood against the war in Iraq. For nearly four decades, and all through his final days, he labored with all his might to make health care a right for all Americans."

Massachusetts Governor Deval Patrick added, "Ted Kennedy more often than not sailed into the political wind, in search of that better America. He did it with a grace and skill so typical of him and his family."

The Lion of the Senate understood that sometimes the toughest fights were the ones most worth fighting. In the future we can honor the memory of Ted Kennedy and the millions of victims of gun violence by sailing into the political wind and making Teddy's work our own.

What Do We Want Our Country to Look Like?

This summer’s Congressional recess has been marred by many incidents that raise grave questions about the current political climate in America and what that portends for the future of the Republic. One of the more jarring elements has been the presence of guns at town hall meetings on health care reform. Last week, we even saw a man openly carry an assault weapon outside a public appearance of the President of the United States.

In an excellent article about this issue, columnist E.J. Dionne Jr. has asked some appropriate questions about this development. His first query: "What would conservatives have said if a group of loud scruffy leftists had brought guns to the public events of Ronald Reagan or George W. Bush?"

Dionne goes on to argue that the real question that must be addressed is what message the gun-toters are trying to send. As he sees it, “This is not about the politics of populism. It's about the politics of the jackboot. It's not about an opposition that has every right to free expression. It's about an angry minority engaging in intimidation backed by the threat of violence.”

This dovetails nicely with an excellent blog recently published by our executive director, Josh Horwitz, at the Huffington Post. In that piece, entitled, “‘Resistance Efforts,’ Guns and the Constitution,” Josh states, “If we let "the guys with the guns make the rules" then the very fabric of our democracy is up for grabs.”

I couldn’t agree more. All Americans need to take a close look at what is happening at these health care reform events and wonder what they want this country to look like for their children...

This Sounds Familiar...

Dr. Martin Luther King was a communist. The Director of the FBI, J. Edgar Hoover, had secret files to prove it. The entire "civil rights" movement was a Soviet Union-backed plot to lead induce race-mixing and thus weaken the fighting will of Americans. President John F. Kennedy was secretly set on disarming the United States. People who supported equal rights for non-whites were unstable, driven insane by mind-altering drugs and the devil's rock and roll music.

Listening to some of the charges being flung around in the current debate over health care reform, I can’t help but think that I’ve heard it all before. The charges above, of course, were some of those that we heard in America during the 1960s. People frightened by the changes taking place in our society were looking for a boogeyman and found it in the "Communist menace." Rightist politicians, organized hate groups, and some in the news media were quick to jump on the fear bandwagon. Civil rights supporters were shouted down in public meetings. Many universities were closed to certain speakers. Civil rights workers were openly harassed. Some were killed. Others were badly beaten or run out of town.

Despite these obstacles, dedicated civil rights activists—many of whom were students, both black and white—fanned out across the country to seek a change in the laws of the nation. Brave religious leaders stood up to speak truth to power. Advocates of reform organized and took action and eventually achieved great social change in America.

Now, once again, we seem to be on the threshold of major social change, and once again the threats, outlandish charges, and out-right thuggery are part of our public life this summer of discontent. Now there are new charges... President Obama isn't an American. He is part of a Muslim plot to destroy the country. The Democrats’ health care plan would create “death panels” to euthanize senior citizens, thereby reducing health care costs.

Again, the motivating factor is fear of change. I cannot help but believe that much of that fear is—just as in the 1960s—stoked by racial anxiety. It has finally sunk in that the election of Barack Obama is a reality and there is no going back to the “good old days.”

Another similarity is the stockpile of firearms in private hands. Only now the weapons are far more sophisticated and dangerous. I could not help but be alarmed by the New Hampshire man who recently showed up to a public forum held by the President of the United States with a 9mm handgun prominently strapped to his leg and a sign about letting the blood of “tyrants.” I am glad my colleague Josh Horwitz is keeping a close eye on such insurrectionist activity.

But there are two key differences between this upheaval and that of the 1960s. First, in the 1960s we did not have a 24/7 news coverage machine and the Internet to present unedited opinions instantly. Second, it seems that the majority of Americans are not buying into the scare tactics and will not stand (or fall) for such paranoia.

Ultimately, it is up to people of conscience to prevail against hate and intimidation and achieve the change we so desperately need. We can all have great confidence in our ability to reach this goal—those brave souls of the 1960s, who refused to bend against any opposition, proved that beyond a shadow of a doubt.

Mightier Than the Sword

The recent defeat in the U.S. Senate of the "Thune Amendment" was a rare victory for proponents of sensible gun legislation. If this amendment were signed into law, concealed handgun (CCW) permit holders from states with lax standards would be allowed to carry guns through and into other states with tough and more restrictive CCW laws.

Although we can celebrate the fact that the amendment fell two votes short of the 60 required for passage, we must be mindful that 58 Senators voted for this dangerous and unprecedented legislation. This underscores the disproportionate support that the gun lobby has in the Congress of the United States at this time.

Conventional political wisdom has it that Democrats are convinced that gun control is a losing issue. The converse of that argument is that the supporters of stronger gun regulation will not hold their elected officials responsible for ignoring or voting the wrong way on the issue. Some years ago, there were polls conducted which showed that for gun control advocates, the issue ranked #5 on a list of issues about which they cared the most. For gun rights advocates, however, the issue ranked in their top two. This “commitment factor” helps explain why many elected officials feel they can ignore the wishes of gun control advocates, who vastly outnumber pro-gun advocates.

Some Members of Congress have been recently asking, "What has happened to the voice of supporters of sensible gun legislation?” Editorials in newspapers across the country have wondered, "Where is the outrage at the recent spate of gun violence in this country?" In defeating the Thune Amendment, we stood together and began to answer those questions, but more needs to be done.

The Congress will soon be taking their August month-long recess. They will be heading home to take the temperature of the voting public in their respective districts and states. There are two things you can take for granted: 1) The economy and health care will be the top items on everyone's agenda, and; 2) The pro-gun lobby will be well organized to see that their voice is heard.

Will you be equally committed to sharing your concerns about—and support for—sensible gun legislation? If you do not speak up this August, the voice of the NRA and its ilk will be the only voices heard and the prospects for saving lives in the future will be diminished. Remember, 58 Senators voted for the Thune Amendment because they think you aren't paying attention, or just don't care. Let's tell them otherwise.

As a sage once put it, you should always carry a pen because you never know when you will meet someone with a sword.

A Modest Proposal

Dear gun rights activists,

As you know the National Rifle Association and other gun lobby groups have been very successful in expanding the easy availability of firearms and curtailing restrictions on who can carry guns and where they can carry them. You are also aware that gun sellers are reporting great increases in the volume of their sales.

You may have seen the news reports recently that many hospitals, emergency rooms and trauma centers across the country are running low on—or are out of—critical blood supplies needed to treat the victims of gunshot wounds. A large number of these victims are teens and younger.

Might it not be a good PR gimmick for you and your fellow activists to organize blood donor drives to restore some of the much-needed blood bank base in our nation’s emergency and trauma units? After all, we all know that "freedom isn't free." Freedom requires responsibility and sacrifice.

By donating blood to ensure there is enough in supply, the life you save may be your own.

Donating blood is easy, painless, and only takes about an hour of your time. Read more about donating in the "Donating Blood" section of the Red Cross website and call your local blood center today to schedule an appointment to donate.

Nominating Dictators

So what else is new?

Given the recent activities of many its Members, a May poll revealed that the Congress of the United States is held in low esteem by much of the public.

In Walt Whitman's political tract, "The Eighteenth Presidency," an attack on the dreadful state of American governance in 1856, he trained his sights on the "nominating dictators" of American political life. “Who are they?” he asked. The answer:

"Office-holders, office-seekers, robbers, pimps, exclusives, malignants, conspirators, murderers, fancy-men, post-masters, custom-house clerks, contractors, kept-editors, spaniels well-trained to carry and fetch, jobbers, infidels, disunionists, terrorists, mail-riflers, slave-catchers, pushers of slavery, creatures of the President, creatures of would-be Presidents, spies, blowers, electioneerers, body-snatchers, bawlers, bribers, compromisers, runaways, lobbyers, sponges, ruined sports, expelled gamblers, policy backers, monte-dealers, duelists, carriers of concealed weapons, blind men, deaf men, pimpled men, scarred inside with the vile disorder, gaudy outside with gold chains made from the people's money and harlot's money twisted together; crawling, serpentine men, the lousy combings and born freedom sellers of the earth."

Americans have been having fun looking at their political leaders ever since. Long may we look with a critical eye at the shenanigans of the kept editors [Did someone say "fair and balanced"?] and lobbyists for carriers of concealed weapons.

Some Things Never Change

Some years ago the Coalition to Stop Gun Violence used to issue an annual award to highlight the many ridiculous ways guns are misused in this country. We never wanted for candidates for this dubious honor.

In today's internet world, we have been taken over and expanded by the Darwin Awards. The stated mission of the Darwin Awards is "to salute the improvement of the human genome by honoring those who accidentally remove themselves from it."

In case you missed them, here are some of the nominees making the rounds these days. These are supposedly true stories culled from daily newspapers:

• An unidentified man, using a shotgun like a club to break a former girlfriend’s windshield, accidentally shot himself to death when the gun discharged, blowing a hole in his gut. (San Jose Mercury News)
  
  
• Ken Charles Barger, 47, accidentally shot himself to death in December in Newton, North Carolina. Awakening to the sound of a ringing telephone beside his bed, he reached for the phone but grabbed instead a Smith & Wesson 38 Special, which discharged when he drew it to his ear. (Hickory Daily Record)
  
  
• Just as squirrels bury their acorns to protect them from predators for later use, a man from Howard, Wisconsin, put his ammunition and three handguns in a safe place before he and his wife departed on vacation. He wanted to be sure they would be there when the couple returned. But just as squirrels frequently forget where they buried a particular acorn, the man forgot that his hiding place was the oven. When they returned from their trip, his wife turned on the oven to prepare dinner. Shortly afterward the couple had to duck behind the refrigerator as the bullets began to explode like popcorn. The husband used a fire extinguisher to put out the fire the bullets started in the oven. No humans were hurt, but the prognosis for the oven was grim. (Associated Press)

I know that gun violence is not a laughing matter, but sometimes I have to shake off the grim reality and marvel at the many ridiculous and deadly ways that guns are misused daily in our nation. And if humor can help people take notice of the importance of handling firearms safely in all situations, all the better.