Guns

Much ado about nothing

Inside the sweetheart deal the White House made for Smith & Wesson.

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The Clinton White House hasn’t had much to party over recently, so you could feel the jubilation emanating from 1600 Pennsylvania Ave. last weekend when Rep. Henry Hyde, R-Ill., and leaders of the National Rifle Association started calling one another names. As President Clinton took off for South Asia still gloating over Friday’s Smith & Wesson handgun settlement, one of the immovable iron triangles of American politics — the old bargain among the NRA, the firearms industry and the Republican Party — seemed ready to collapse on itself.

Politically, the attraction of the settlement, brokered by Housing and Urban Development Secretary Andrew Cuomo between Smith & Wesson and several of the cities and states suing the firearms industry, is amply clear. The settlement gives the White House a victory at a moment when Democratic victories are scarce. It draws a hard line between Vice President Al Gore and a GOP presidential candidate who as governor of Texas banned cities from filing liability suits, and it not incidentally raises the political stock of Cuomo, a vice-presidential prospect. Though it was far from a perfect deal, attorneys representing the cities and Handgun Control Inc. (which also signed off on the settlement) must have felt that with a 50 percent chance of a Bush administration in 10 months, and trial outcomes still uncertain at best, this represented the best chance for a short-term victory.

Yet amid the weekend’s wild theatrics, little attention was paid to the fine print of the deal. One of those familiar with the details is Elisa Barnes, a New York attorney who won the first — and so far only — successful negligence suit against gun manufacturers, in a federal court in Brooklyn last year. She warns that it is nowhere near the “breakthrough in public safety” described by the White House.

“This was a terrible settlement,” Barnes says. “It does absolutely nothing. It requires Smith & Wesson to either do what they have already done for years or what they are already required to do by law.”

Barnes’ blunt criticism puts her in the strange company of the NRA’s Wayne LaPierre, who also argues that there is “nothing new” in the Smith & Wesson deal. And it puts her at odds not only with the Clinton administration but with Handgun Control Inc., which represents many of the cities suing the firearms industry. Handgun Control’s Denis Henigan calls the deal “an agreement that will save lives.”

But Barnes is echoing comments made privately or in more politically cautious tones by many other handgun-control advocates. “I would urge the public to be cautious in viewing today’s agreement as a cure-all for this country’s need for greater gun control,” said Kweisi Mfume of the National Association for the Advancement of Colored People, which refused to sign off on the deal.

Mfume says the White House settlement “lacks teeth with regard to multiple gun sales, which is attributed as a leading source of firearms in the underground market.” Josh Horowitz, executive director of the National Center to End Handgun Violence, says the deal “contains too many loopholes,” with “no incentives for Smith & Wesson to behave differently.”

Looked at closely, this does appear to be a settlement in which symbolism far outweighs substance. It’s true that Smith & Wesson broke with firearms-industry tradition by negotiating a separate peace with the Clinton adminstration, infuriating other manufacturers, yet in the end, the company gave up virtually nothing.

Take the settlement’s No. 1 headline item: child safety locks. As Bob Delfay of the National Shooting Sports Foundation, a gun industry trade group, points out, about 95 percent of all firearms — including those of Beretta, Colt, Glock and Sturm, Ruger — are already shipped with locks. The settlement calls for newly manufactured firearms to be harder for children under 6 to operate, but such design modifications have long been in the works, according to industry insiders. The National Center to End Handgun Violence notes that the agreement doesn’t even require Smith & Wesson to build into its guns a so-called magazine disconnect, which prevents a child from accidentally firing a weapon whose magazine has been removed but that still has a round in the chamber. This feature is an option on all Smith & Wesson handguns.

Similarly, Smith & Wesson has agreed to release its guns to purchasers only if they have completed a background check — a check already required by law. Smith & Wesson dealers, the settlement states, will not sell any assault weapons, but again, such weapons are already banned by federal law.

Most critical, the Smith & Wesson settlement does virtually nothing to interfere with the gun maker’s distribution of weapons. It was the issue of distribution and marketing that led to last year’s unprecedented verdict in Brooklyn — specifically, the oversupply of guns to Southern states with lax gun regulations, where they could easily be purchased in bulk to supply the criminal market in Northern cities. A similar charge — oversupply to loosely monitored suburbs — lies behind Chicago’s suit against the gun industry.

The White House settlement will do nothing to interfere with that marketing pattern. Instead, Smith & Wesson dealers have agreed to what is being called a “modified one-gun-a-month” system. Purchasers of multiple guns can take only one weapon home with them immediately, but the rest of the wheelbarrow, no matter how many guns it contains, can be trundled out the store 14 days later. Under the agreement, multiple-gun sales have to be reported to the federal Bureau of Alcohol, Tobacco and Firearms, but that reporting requirement, too, has been written into law since the 1970s.

Equally important is what is not in the agreement. “Smith & Wesson has to do nothing new to supervise distributors,” says attorney Barnes. There is mention of a generalized “code of conduct” for dealers, but few specifics. Most dangerous, Smith & Wesson can still distribute its guns through kitchen-table, back-of-the-truck dealers — rather than storefront retailers — who hold half of all federal firearms-sales licenses but who are almost impossible for the government to effectively monitor. “This is a deal, like the master settlement in the tobacco suits, which protects corporate executives rather than the public,” says one furious gun-control lobbyist.

At the same time, the deal represents a research-and-development bonanza for Smith & Wesson. The Wall Street Journal reported that in return for signing the settlement, the company will get $3 million in federal assistance to develop so-called smart guns that can distinguish authorized users.

Given the clear benefits to Smith & Wesson, the only wonder is that the gun industry is so wedded to its no-deal orthodoxy that word of the deal still managed to produce a panic.

Wednesday, Glock and Browning announced they were taking a pass on the deal. Glock executives balked at the provision calling for an oversight
commission, made up of local, state and federal officials, who would supervise the gun manufacturer.

“The commission is an absurd concept,” Paul Jannuzzo, vice president and general counsel of Glock in Smyrna, Ga., a unit of Glock GmbH of Austria, told the Associated Press. “It’s overly broad. It’s more powerful than
any regulatory agency.”

Earlier this week, normally voluble executives at respected gun companies like Colt and Sturm, Ruger were trapped in hurried conference calls and rushing to industry strategy meetings. But the gun lobby’s disarray is more a product of its own long-simmering implosion than of this settlement, White House gloating notwithstanding. The gun industry’s infighting began in earnest last year, after the relatively moderate president of the American Shooting Sports Council caused an uproar by holding informal talks with some of the cities contemplating lawsuits. And the NRA barely survived its last convention.

Handgun Control’s Henigan insists that the settlement, with all its weaknesses, is “a floor, not a ceiling,” and represented an attainable victory. But like the NAACP, some of the cities suing the firearms industry want nothing of it. Chicago has reportedly already rejected the settlement out of hand. So has Cleveland, where just last week a federal judge ruled that the city’s negligence suit can move to trial. At least half a dozen of the cities suing the firearms industry are likely to reject the White House deal outright, despite the considerable leverage HUD holds over municipal governments.

In the end, the Smith & Wesson settlement may represent not a victory but an immense lost opportunity. After decades of gun-control efforts that blamed gun consumers, last year’s Brooklyn lawsuit represented the leading edge of a new effort to hold corporations accountable for the design and distribution of weapons. Cuomo’s gun deal looks suspiciously like political intrusion rather than politics of substance. And while the Democrats may capitalize on the settlement in the fall elections, in the longer run this settlement leaves in its wake a gun-control movement nearly as fractured and chaotic as the gun lobby itself.

Bruce Shapiro is national correspondent for Salon News.

Our guns and butter economy

America has two favorite new exports: Firearms and obesity

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Our guns and butter economy (Credit: ChinellatoPhoto via Shutterstock)

With the economy still struggling and the debates over how to fix the problem more intense than ever, one word still evokes bipartisan consensus: exports. “I want us to sell stuff,” said President Obama, summing up the bipartisan sentiment.

That nebulous word “stuff” is significant. It asks us to see all exports as the same and to refrain from making nuanced value judgments about what exactly we’re shipping overseas. In this coldblooded view, a job-creating export is a job-creating export, and that’s as far as any conversation should go.

At first glance, such reductionism seems logical, rational, even boringly uncontroversial. But two recent news items highlight how in a globalized economy, there are troubling consequences that come from the particular kind of export economy we’re building.

The first bit of news came from the Washington Post, which this week reported that “the Obama administration is crafting a proposal that could make it easier to export firearms and other weapons.” Though the Homeland Security and Justice Departments say the new rules could make it easier for terrorist and drug cartels to further arm themselves, the White House is nonetheless citing the “stuff” theory of exports to ignore the objections.

This is part of a larger pattern since President Obama took office. During Obama’s first year in the White House, he began to gut the Pentagon’s approval process for arms exports, weakening controls on what could and could not be sold. Later, diplomatic cables uncovered by WikiLeaks showed, as Fortune magazine put it, “American officials act(ing) as de facto pitchmen for U.S.-made weapons.”

The result is that America has become the true “Lord of War,” as the arms dealer motto goes. We are the leading arms supplier to the developing world and we are responsible for the majority of all weapons sales across the globe. Yes, we are so committed to selling instruments of death to the rest of the planet that military industries have almost tripled their share of the U.S. economy in just a decade.

The second bit of news came from the Institute for Agriculture and Trade Policy, whose new study shows that America is exporting our obesity crisis to Mexico. Coupling health statistics with U.S. export data since the North American Free Trade Agreement tore down Mexico’s agriculture trade barriers, researchers found that the Mexican market was flooded by American agribusinesses’ taxpayer subsidized commodities (corn, soybeans) and their processed derivatives. According to the report, that quickly wiped out Mexico’s local food economy, leaving its food system exactly “like the industrialized food system of the United States — characterized by the overabundance of obesogenic foods.” Not surprisingly, Mexican obesity rates have consequently skyrocketed.

Taken together, these export booms represent what could be called America’s new Guns and Butter economy. We are so desperate to export any “stuff” we can, we are now fattening up the world and arming it for permanent bloodshed.

Seeking to short-circuit any objections to this trend, President Obama has said simply that “we’re at a moment where necessity has tempered the old debates” over exports and economic policy. In terms of history, he’s not wrong — during the previous century, America witnessed fevered fights over what constitutes a moral farm policy, and in the 1930s the U.S. Senate’s Nye Committee held almost 100 hearings into “greedy munitions interests” that were unduly influencing public policy. Sadly, Obama is correct – those debates have been silenced.

But should they be? Should we simply say that any exports — no matter their moral, ethical, environmental or health implications — are inherently good? Does “necessity” really mean that “stuff” for stuff’s sake must be the basis of our export economy?

Washington and profit-at-all-cost industries certainly say yes — but that doesn’t mean it’s the right answer.

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David Sirota

David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com.

ALEC: We will stop being gun nuts now

Right-wing legislation drafting house refocuses on business issues following bad press and boycotts

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ALEC: We will stop being gun nuts nowGeorge W. Bush speaks to the American Legislative Exchange Council in Philadelphia in 2007. (Credit: Chris Greenberg)

The American Legislative Exchange Council, or ALEC, is a group that helps major industry players write their own legislation that Republicans then pass in state legislatures across the country. Traditionally, ALEC would draw up and promote bills limiting labor organizing rights and weakening workplace safety regulations and environmental protections, because those things anger the Market Gods. Fewer of those things means more money for ALEC’s funders! Recently, though, ALEC also began dabbling in things that wouldn’t make anyone any money but that happened to be right-wing political priorities.

ALEC is now shutting down its “Public Safety and Elections” task force. ALEC’s Public Safety and Elections task force’s goals were twofold: to improve “public safety” by making it easier for citizens to carry guns everywhere they go and to shoot certain people without fear of arrest or prosecution, and to improve elections by making it harder for politically undesirable types to exercise their right to vote. (Why were gun rights and voter disenfranchisement the purview of one task force? Those two issues really have very little in common besides being of supreme importance to paranoid white people.)

What happened is, people suddenly noticed that self-defense laws had recently become much more “robust” (slash-”insane”) in lots of states after this guy in Florida named George Zimmerman shot and killed an unarmed black teenager named Trayvon Martin and then somehow was not arrested. These new self-defense laws were widely blamed for the police reaction, or non-reaction, and while the NRA had predictably lobbied for them in the various states where they passed, it turned out that ALEC had been instrumental in drafting these laws and others like them that had nothing to do with being “pro-business” but everything to do with quietly remaking the nation into a right-wing paradise.

So major corporations began abandoning ALEC, because they hadn’t signed on for the full right-wing culture war. While Coca-Cola has a vested interest in, say, stopping public health initiatives, there’s no compelling profit-based reason for it to support the dismantling of gun control legislation. People do not get thirstier when they are carrying concealed firearms, as far as I know. Kraft does not, as a company, have any interest in making it more difficult for poor people to vote.

So! ALEC is giving up on the items of its agenda not directly related to helping giant corporations make as much money as possible without fear of lawsuits or union agitation. Because those are less “hot-button” issues.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

AZ state senator: Herman Cain has not sexually harassed me, even though I am attractive

One (crazy) woman's defense of the scandal-plagued candidate

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AZ state senator: Herman Cain has not sexually harassed me, even though I am attractive Arizona state Senator Lori Klein, who has never been harassed by Herman Cain (Credit: YouTube/Fox News)

Arizona state Sen. Lori Klein is Herman Cain’s Arizona state chairman and also the sinking candidate’s single best asset. If I were him, I’d immediately start booking Klein on cable TV as a campaign surrogate, because her impressive spin work is right now being sadly wasted.

Lori Klein, an Arizona state Senator and Cain’s Arizona state chairman, told CBS News she stands by Cain.

Says she has known him for 12 years and he’s “never been anything but a gentlemen – and I am not an unattractive woman.”

That’s a slam-dunk argument, right there. And she’s not even done!

Klein suggested that if Cain is innocent he should sue White for libel and went on to attack the media for digging up the allegations. She also said that in politics, “we want a virgin to do a hooker’s job.”

Yes! Herman Cain is a hooker. But a hooker with a heart of gold, and the constitution to resist harassing or assaulting Lori Klein, a noted attractive woman!

Klein is, of course, an expert in what constitutes appropriate, professional behavior among adults, as she proved when she took a loaded gun out of her purse and pointed it at a newspaper reporter who was attempting to interview her in a state Senate lounge.

Lori Klein is a rising star in the GOP. Remember her name. Or she’ll shoot you, for being a Mexican.

[Via Ben Smith]

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

The NRA guns for Holder

Lax U.S. laws help arm the Mexican drug cartels. So who does the U.S. gun lobby blame?

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The NRA guns for HolderAttorney General Eric Holder (Credit: AP/nrailadonate.org)

While an apologetic Attorney General Eric Holder Jr. went before a Senate committee this week to talk about a failed gun-walking program, the National Rifle Association was gearing up its campaign to get Holder fired.

In a new, slick 1 minute and 55 second television ad flush with with Fox News footage, the NRA expressed outrage over the Bureau of Alcohol, Tobacco and Firearm’s gun-running operation known as Operation Fast and Furious. Under the supervision of ATF officials, the operation let guns get into the hands of criminals on both sides of the Mexican border. The NRA claimed Holder perjured himself before Congress and lied about what he knew about the operation and urged the White House to fire Holder. Holder has adamantly denied lying.

The NRA has homed in on Operation Fast and Furious in order to advance its agenda of undermining not just Holder but the president. The misguided operation, run by ATF officials reporting to the Justice Department, encouraged Arizona gun dealers to sell weapons to “straw purchasers,” with the hopes of tracing the weapons to the Mexican cartels. ATF lost track of many of the guns, and some surfaced at crime scenes on both sides of the Mexican border, including one involving the murder of Border Patrol agent Brian Terry last year in Arizona.

Bent on getting this latest ad circulated, the NRA is soliciting funds to air it, and has posted this on the website:

“Watch the video and see how Eric Holder’s lies are destroying freedom and costing lives. Please make a donation to help NRA-ILA air this video across America. And please, forward this video to family and friends!”

The group’s  outrage over guns getting into the hands of the bad guys under Fast and Furious would be slightly more plausible if the NRA ever expressed any concern about U.S. gun laws that effectively armed the Mexican drug cartels with heavy weaponry.

The NRA’s critics note that the powerful gun lobby, based in northern Virginia, has essentially accomplished the same evil as Fast and Furious by lobbying hard — and taking legal action if necessary — to water down tough U.S. gun laws and regulations. The NRA is particularly determined to undermine its nemesis, the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces gun laws.

The NRA has adamantly fought ATF regulations that require gun dealers in four Southwest border states to report sales of two or more assault weapons to one person within five days. The NRA also helped derail the confirmation of  Obama nominee Andrew Traver for director of ATF, which has been in dire need of stability. The NRA opposes strict handgun control laws in such cities as Washington that have high rates of gun violence.

“I think the NRA has to have something to scare their members about and attacking Obama and more specifically Holder is part of that plan,”said Kristen Rand, legislative director for the Violence Policy Center in Washington.

Rand says the NRA has conveniently homed in on the guns in Operation Fast and Furious, while ignoring “the hundreds of thousands of other guns that have flooded Mexico and killed tens of thousand of Mexicans.”  And she noted that the  NRA has been mum about news in recent days that  a similar ATF gun-walking operation — Operation Wide Receiver — was pursued under the Bush administration and Attorney General Mike Mukasey.

“They’re not upset about that,” she said.  “They’re directly threatened by another Holder-Obama administration,” and using it to help fundraise.

Few contest the downside of Operation Fast and Furious.

“This operation was flawed in concept, as well as in execution,” Holder told the Senate Judiciary Committee on Tuesday. “And, unfortunately, we will feel its effects for years to come as guns that were lost during this operation continue to show up at crime scenes both here and in Mexico. This should never have happened. And it must never happen again. ”

“The American public needs to know the whole truth on this,” said NRA president Wayne LaPierre  in a video last June. “The fact is, that brings us to the consequences, these guns are now, as a result of what they did, in the hands of evil people and evil people are committing murders and crimes with these guns against innocent citizens.”

The whole truth is that lax U.S. gun laws — supported by the NRA — are what have helped the Mexican drug cartels to arm themselves and slaughter law enforcement officers, rivals and innocent people.

“The NRA has been devoted to assure that our gun laws remain anemic, ” said Dennis Henigan, acting president of the Brady Campaign to Prevent Gun Violence.  ”The NRA is not really interested in stopping the gun trafficking.”

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Arizona’s very Arizonan armed library guard debate

Do libraries really need to be guarded by private security officers with guns? One county says yes!

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Arizona's very Arizonan armed library guard debateMari Morneau, of Gilbert, shoots at Caswells Shooting Range Tuesday, April 6, 2010 in Mesa, Ariz. On Monday, April 5, 2010, Gov. Jan Brewer has signed into law two bills supported by gun-rights activists. One of the bills signed Monday would broaden the state's current restrictions on local governments' ability to regulate or tax guns and ammunition. The other bill declares that guns manufactured entirely in Arizona are exempt from federal oversight and are not subject to federal laws restricting the sale of firearms or requiring them to be registered. (AP Photo/Matt York)(Credit: Matt York)

Do libraries in Maricopa County, Ariz., need to be guarded by private security officers with guns? Yes, probably, because everyone should be armed at all times, especially when they are defending our library books or collecting late fees. Only then will we be free, and safe.

Apparently Maricopa County has guards — private security firm employees, not county employees, with guns — proper guns — at most of its libraries.

“In large buildings with multiple rooms and lots of people, you need to have some feeling among the staff, as well as the public, that it’s a secure place, particularly where it’s used a lot by children,” said library-district director Harry Courtright, who retired Friday.
[...]
In his 12 years with the district, Courtright said there have been no incidents of a guard drawing a gun.

“And they shouldn’t have to, because they have the training. But that gun makes a difference to the people who are coming in the building who might want to do something that could be bad; they see an armed guard, and the reality is they back off and they don’t do things – it’s a preventative thing,” he said.

Right! Which is why all large libraries in big cities have armed private guards in them. Right, Phoenix libraries?

Interviews with officials at city-run libraries in the Valley that don’t belong to the county district indicate that armed guards are uncommon.

In Mesa, library-security guards are unarmed. The topic of arming them has never come up, said city spokeswoman Lily King-Cisneros.

“If there is a problem, they call the police,” she said.

Chandler’s libraries have a simple behavior policy to follow up on negative behavior, Manager Brenda Brown said.

Chandler employs security guards sparingly: Park rangers help during high-traffic times at the Downtown Library, while at Hamilton and Basha branches, both located on school campuses, security guards are present for a few hours following schools’ closing times. None is armed.

“Most of our behavior issues take place downtown, and police are less than a block away. We call them quite often and quite frequently,” Brown said, adding that stolen bikes are a common problem but threats to librarians are rare.

Phoenix, which has 16 libraries, trains its own guards, who are city employees and unarmed.

Incidents are rare even at the Burton Barr Central Library, where the surrounding neighborhood has a high number of homeless people, said Lupita Barron-Rios, acting deputy director for public services.

“For the most part, we don’t have a lot of incidents that require calling the police,” Barron-Rios said.

Barron-Rios said police are called when a patron’s car or bicycle is stolen.

Of course, none of these minor behavioral issues and occasional thefts would happen at all if literally every person in that library, from the children to the librarians to the homeless people, was carrying a clearly displayed handgun. It’s just a fact.

Is this armed guard program controversial? It wasn’t, until one library made a fuss.

Doesn’t Southwest Regional Library in Gilbert, Ariz., look like a lovely place? Looks can be deceiving! This library is suffering from a rash of “hostile encounters with irate patrons over late fees and other issues,” which is why the town decided to reinstate the guards they let go for funding reasons last year. But! “Town officials contend that the library district never told them of the plans to arm the guards once funding was restored …” I feel like town officials should’ve understood that they’re dealing with Maricopa County, here. There were going to be guns involved, no matter what.

[Via Michel Marizco]

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

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