Big Money, ALEC and the Gun Agenda
Sunday, 16 December 2012 07:24
By Lisa Graves, PR Watch | News Analysis
An attendee sights a rifle at a booth during the National Rifle Association annual convention in St. Louis, April 14, 2012. (Photo: Daniel Acker / The New York Times)
Do you support Truthout's reporting and analysis? Click here to help us continue doing this work in 2013!
"We’ve endured too many of these tragedies in the past few years," President Obama said in response to horrifying shooting massacre of 20 little children and six of their educators in Connecticut.
"Whether it is an elementary school in Newtown, or a shopping mall in Oregon, or a temple in Wisconsin, or a movie theater in Aurora, or a street corner in Chicago, these neighborhoods are our neighborhoods and these children are our children. And we’re going to have to come together and take meaningful action to prevent more tragedies like this, regardless of the politics," he noted.
"Meaningful action" has been thwarted, largely because of the power and wealth of the National Rifle Association (NRA). One of the key avenues it has used to exert its influence is the American Legislative Exchange Council (ALEC). For decades, the NRA has helped bankroll ALEC operations and even co-chaired ALEC's "Public Safety and Elections Task Force," where it secretly voted on bills alongside elected representatives. At ALEC's annual meeting this summer, the NRA had the biggest booth at the convention in Salt Lake City and also underwrote a shooting event along with one of the largest sellers of assault weapons in the world.
Numerous bills to bar or impede laws that would help protect Americans from gun violence were drafted by the NRA and adopted by ALEC corporations and legislators as "models" for the rest of the country. And, dozens of these special interest bills have become law in states across the country. As a result of the NRA's efforts, a city in Connecticut recently repealed the only ban in the state on carrying a concealed firearm. Allowing "concealed carry" has been a long-standing part of the NRA-ALEC agenda, passing in Wisconsin a year ago at the urging of Governor Scott Walker, who was given an award by the NRA for making this item law along with a version of the controversial ALEC-NRA "Stand Your Ground"/"Castle Doctrine" bill. A concealed carry law also was just passed last week in Michigan, along with the so-called "Right to Work" union-busting bill on ALEC's corporate wish list.
Here is a review of the NRA-by-way-of-ALEC gun agenda:
The retail sale of machine guns has been barred by federal law since the gangster era but, as uncovered by the Center for Media and Democracy (CMD), one year ago at ALEC's "policy summit" in Arizona, the NRA obtained unanimous support from the corporate and lawmaker members of ALEC's Task Force for "amending" ALEC's "Consistency in Firearms Regulation Act" to expressly bar cities from banning "machine guns." Other provisions of that bill prevent cities from banning armor-piercing bullets and from banning efforts to alter guns to make them more deadly if the state does not do so. It also bars cities from suing gun manufacturers for gun deaths based on the theory of liability used by governments to sue tobacco manufacturers for smoking deaths.
In 2008, as noted by CMD, in the aftermath of the tragic massacre of students and professors by a heavily armed Virginia Tech student, ALEC adopted a model bill to remove state prohibitions of guns on college campuses and to allow students to bring guns to class.
Also in 2008, as CMD has documented, ALEC also weighed in on litigation challenging a handgun ban in the city of Chicago. ALEC filed a brief with the U.S. Supreme Court in that case, McDonald v. Chicago, on the same side as the NRA.
In 2005, at an ALEC task force meeting co-chaired by Wal-Mart, corporate lobbyists and politicians voted to approve the NRA's request that a law it spearheaded in Florida with ALEC members become a "model" for other states. That ALEC bill was misleadingly named the "Castle Doctrine," but is also known as the "Stand Your Ground" or "Shoot First" or "Kill at Will" law. That Florida law, was initially invoked by law enforcement to prevent the arrest and prosecution earlier this year of high-school student Trayvon Martin's killer. The law creates legal immunity for shooters claiming self-defense, going well beyond the reach of the traditional rights of self defense to create what some call a "license to kill."
CMD connected those dots and documented that the NRA's lobbyist Marion Hammer pushed this bill through the Florida legislature in early 2005. She then brought the law to the closed door ALEC task force meeting in Texas that summer to become a priority for ALEC legislators. According to the NRA at that time, her pitch was warmly received and "unanimously" adopted by the private and public sector members at that meeting. The list of special interest reps attending that meeting is not publicly available, but it is known that the nation's largest retailer of ammunition and long guns, Wal-Mart, was the corporate leader of that task force; earlier this year, Wal-Mart announced it was resigning from ALEC.
Also around that time, ALEC pushed a variety of legislation to require reciprocity between states for "concealed carry" laws, laws that result in more people carrying concealed firearms in public places, as CMD has noted.
In 2000, as CMD has reported, when Koch Industries was the chair of ALEC's corporate board, ALEC's crime task force adopted the "Defense of Free Market and Public Safety Resolution" as a national template for states across the country. That resolution was an effort to thwart law enforcement from using contracts -- to buy firearms for police officers -- to favor gun manufacturers that adhered to a code of conduct. As part of a lawsuit settlement, gun manufacturer Smith & Wesson (S&W) had agreed to penalize S&W retailers who sold guns that tended to end up used in crimes, barred S&W retailers from using the gun show loophole to avoid conducting criminal background checks on prospective buyers, and forbade dealers from releasing more than one handgun to a purchaser per day. It also required retailers to sell all of its handguns with mechanical trigger locks to help protect kids from accidentally killing themselves or others. ALEC's resolution sought to bar states from rewarding S&W with contracts for police weapons or creating an incentive for other gun manufacturers to adopt similar voluntary codes of conduct.
In 1995, ALEC promoted as model legislation a bill that would create state-based criminal background checks for firearms purchases different from the federal Brady Handgun Violence Prevention Act, which established the National Instant Check criminal background check system at the FBI. As analyzed by CMD, ALEC's bill expressly exempts firearms sales at gun shows from its background checks (creating a "gun show loophole"). It also exempts holders of "concealed carry" permits from a background check, even though the Brady Law attempts to protect the public through background checks regardless of whether a person had previously obtained a permit to carry a gun, such as from people who subsequently become fugitives or persons adjudicated to be mentally unstable.
As CMD has shown, ALEC also strongly opposed the 1994 "Assault Weapons Ban," which sought to expand the long-standing federal bar on fully automatic machine guns by preventing the purchase of rapid-firing "semi-automatic" assault-style weapons. Certain military-style firearms -- such as the .223 Bushmaster rifle reportedly found at the scene of the Connecticut school massacre and similar to the one used in the sniper shootings that terrorized D.C. in 2003 -- include versions for sale in the U.S. that were modified by manufacturers for the civilian market along with versions that allow three-shot bursts of fire with each pull of the trigger for law enforcement rather than their faster-firing military-style kin like the M4 or AK-47, in light of the federal assault weapons ban. The ban was allowed to expire during the George W. Bush administration, which had very close ties to the NRA.
The NRA's gun agenda helps protect and expand the market for the firearms sold by the weapons companies that bankroll its multi-million dollar lobbying and influence operations. Although ALEC's crime task force no longer officially exists, ALEC is doing nothing to undo the damage done through its many years of advancing the wish list of the gun industry through laws like "Stand Your Ground"/"Shoot First," pushing for guns on college campuses, and even opposing government purchasers from rewarding codes of conduct by gun makers and sellers.
Three months after ALEC issued a PR statement that it was eliminating its Public Safety and Elections Task Force, the NRA announced that it would still be hosting its regular annual shooting event at ALEC's summer convention, held in July of this year. For the past several years, on the Saturday of ALEC's annual meeting, the NRA has regularly hosted an outing for ALEC legislators and lobbyists to go shooting together -- with complimentary guns and ammo. July's event was co-sponsored by Browning Arms Company, whose foreign parent company is one of the world's largest sellers of machine guns, as noted by CMD.
"Calling for 'meaningful action' is not enough," said New York Mayor Michael Bloomberg, founder and co-chair of Mayors Against Illegal Guns. "We need immediate action. We have heard all the rhetoric before. What we have not seen is leadership -- not from the White House and not from Congress. That must end today. This is a national tragedy and it demands a national response."
Facts are still coming in about how the 20-year old shooter -- who under Connecticut law is too young to possess the pistols he was found with -- came to use the assault weapon fired repeatedly and rapidly in the assault on the school children, or why his mother (who was apparently also shot to death by him) reportedly brought or allowed such an arsenal of weapons into the home she shared with her son, who has been called "mentally ill." But, some observers are pointing out the terrible coincidence of a knife attack that injured 22 students in China within a day of these 20 American school children being murdered in a matter of minutes by a gunman in Connecticut, which shows yet again that the ready availability of guns in the U.S. can be the difference between life and death. And easing access to deadly firearms has been a major part of the NRA/ALEC agenda, underwritten by ALEC corporations and advanced by ALEC politicians, for years and years.
The library of NRA/ALEC gun bills can be accessed here.
Thinking the Unthinkable
In the wake of another horrific national tragedy, it’s easy to talk about guns. But it’s time to talk about mental illness.
Three days before 20 year-old Adam Lanza killed his mother, then opened fire on a classroom full of Connecticut kindergartners, my 13-year old son Michael (name changed) missed his bus because he was wearing the wrong color pants.
“I can wear these pants,” he said, his tone increasingly belligerent, the black-hole pupils of his eyes swallowing the blue irises.
“They are navy blue,” I told him. “Your school’s dress code says black or khaki pants only.”
“They told me I could wear these,” he insisted. “You’re a stupid bitch. I can wear whatever pants I want to. This is America. I have rights!”
“You can’t wear whatever pants you want to,” I said, my tone affable, reasonable. “And you definitely cannot call me a stupid bitch. You’re grounded from electronics for the rest of the day. Now get in the car, and I will take you to school.”
I live with a son who is mentally ill. I love my son. But he terrifies me.
A few weeks ago, Michael pulled a knife and threatened to kill me and then himself after I asked him to return his overdue library books. His 7 and 9 year old siblings knew the safety plan—they ran to the car and locked the doors before I even asked them to. I managed to get the knife from Michael, then methodically collected all the sharp objects in the house into a single Tupperware container that now travels with me. Through it all, he continued to scream insults at me and threaten to kill or hurt me.
That conflict ended with three burly police officers and a paramedic wrestling my son onto a gurney for an expensive ambulance ride to the local emergency room. The mental hospital didn’t have any beds that day, and Michael calmed down nicely in the ER, so they sent us home with a prescription for Zyprexa and a follow-up visit with a local pediatric psychiatrist.
We still don’t know what’s wrong with Michael. Autism spectrum, ADHD, Oppositional Defiant or Intermittent Explosive Disorder have all been tossed around at various meetings with probation officers and social workers and counselors and teachers and school administrators. He’s been on a slew of antipsychotic and mood altering pharmaceuticals, a Russian novel of behavioral plans. Nothing seems to work.
At the start of seventh grade, Michael was accepted to an accelerated program for highly gifted math and science students. His IQ is off the charts. When he’s in a good mood, he will gladly bend your ear on subjects ranging from Greek mythology to the differences between Einsteinian and Newtonian physics to Doctor Who. He’s in a good mood most of the time. But when he’s not, watch out. And it’s impossible to predict what will set him off.
Several weeks into his new junior high school, Michael began exhibiting increasingly odd and threatening behaviors at school. We decided to transfer him to the district’s most restrictive behavioral program, a contained school environment where children who can’t function in normal classrooms can access their right to free public babysitting from 7:30-1:50 Monday through Friday until they turn 18.
The morning of the pants incident, Michael continued to argue with me on the drive. He would occasionally apologize and seem remorseful. Right before we turned into his school parking lot, he said, “Look, Mom, I’m really sorry. Can I have video games back today?”
“No way,” I told him. “You cannot act the way you acted this morning and think you can get your electronic privileges back that quickly.”
His face turned cold, and his eyes were full of calculated rage. “Then I’m going to kill myself,” he said. “I’m going to jump out of this car right now and kill myself.”
That was it. After the knife incident, I told him that if he ever said those words again, I would take him straight to the mental hospital, no ifs, ands, or buts. I did not respond, except to pull the car into the opposite lane, turning left instead of right.
“Where are you taking me?” he said, suddenly worried. “Where are we going?”
“You know where we are going,” I replied.
“No! You can’t do that to me! You’re sending me to hell! You’re sending me straight to hell!”
I pulled up in front of the hospital, frantically waiving for one of the clinicians who happened to be standing outside. “Call the police,” I said. “Hurry.”
Michael was in a full-blown fit by then, screaming and hitting. I hugged him close so he couldn’t escape from the car. He bit me several times and repeatedly jabbed his elbows into my rib cage. I’m still stronger than he is, but I won’t be for much longer.
The police came quickly and carried my son screaming and kicking into the bowels of the hospital. I started to shake, and tears filled my eyes as I filled out the paperwork—“Were there any difficulties with....at what age did your child....were there any problems with...has your child ever experienced...does your child have....”
At least we have health insurance now. I recently accepted a position with a local college, giving up my freelance career because when you have a kid like this, you need benefits. You’ll do anything for benefits. No individual insurance plan will cover this kind of thing.
For days, my son insisted that I was lying—that I made the whole thing up so that I could get rid of him. The first day, when I called to check up on him, he said, “I hate you. And I’m going to get my revenge as soon as I get out of here.”
By day three, he was my calm, sweet boy again, all apologies and promises to get better. I’ve heard those promises for years. I don’t believe them anymore.
On the intake form, under the question, “What are your expectations for treatment?” I wrote, “I need help.”
And I do. This problem is too big for me to handle on my own. Sometimes there are no good options. So you just pray for grace and trust that in hindsight, it will all make sense.
I am sharing this story because I am Adam Lanza’s mother. I am Dylan Klebold’s and Eric Harris’s mother. I am James Holmes’s mother. I am Jared Loughner’s mother. I am Seung-Hui Cho’s mother. And these boys—and their mothers—need help. In the wake of another horrific national tragedy, it’s easy to talk about guns. But it’s time to talk about mental illness.
According to Mother Jones, since 1982, 61 mass murders involving firearms have occurred throughout the country. (http://www.motherjones.com/politics/201 ... otings-map). Of these, 43 of the killers were white males, and only one was a woman. Mother Jones focused on whether the killers obtained their guns legally (most did). But this highly visible sign of mental illness should lead us to consider how many people in the U.S. live in fear, like I do.
When I asked my son’s social worker about my options, he said that the only thing I could do was to get Michael charged with a crime. “If he’s back in the system, they’ll create a paper trail,” he said. “That’s the only way you’re ever going to get anything done. No one will pay attention to you unless you’ve got charges.”
I don’t believe my son belongs in jail. The chaotic environment exacerbates Michael’s sensitivity to sensory stimuli and doesn’t deal with the underlying pathology. But it seems like the United States is using prison as the solution of choice for mentally ill people. According to Human Rights Watch, the number of mentally ill inmates in U.S. prisons quadrupled from 2000 to 2006, and it continues to rise—in fact, the rate of inmate mental illness is five times greater (56 percent) than in the non-incarcerated population. (http://www.hrw.org/news/2006/09/05/us-n ... quadrupled)
With state-run treatment centers and hospitals shuttered, prison is now the last resort for the mentally ill—Rikers Island, the LA County Jail, and Cook County Jail in Illinois housed the nation’s largest treatment centers in 2011 (http://www.npr.org/2011/09/04/140167676 ... -prisoners)
No one wants to send a 13-year old genius who loves Harry Potter and his snuggle animal collection to jail. But our society, with its stigma on mental illness and its broken healthcare system, does not provide us with other options. Then another tortured soul shoots up a fast food restaurant. A mall. A kindergarten classroom. And we wring our hands and say, “Something must be done.”
I agree that something must be done. It’s time for a meaningful, nation-wide conversation about mental health. That’s the only way our nation can ever truly heal.
God help me. God help Michael. God help us all.
