iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Dennis A. Henigan

GET UPDATES FROM Dennis A. Henigan
 

Gun Industry Suffers Stinging Defeat in Court

Posted: 01/19/12 01:57 PM ET

Last week, a federal judge in Washington handed the gun industry a painful legal setback in its efforts to prevent the Obama Administration from attacking the highly-profitable trafficking of assault rifles to the Mexican drug cartels.

Judge Rosemary Collyer -- who, incidentally, was appointed by George W. Bush -- upheld the Administration's new policy of requiring federally-licensed gun dealers in four border states to notify federal law enforcement authorities whenever there is a multiple purchase of certain semi-automatic rifles. Judge Collyer found this modest reporting requirement "reasonable" in light of evidence that "certain powerful long guns are weapons of choice of Mexican drug cartels" and "multiple sales of such guns is a strong indicator of gun trafficking."

The industry's reaction was a study in hypocrisy. The National Shooting Sports Foundation -- the industry trade association that brought the lawsuit -- issued a statement expressing its disappointment in the ruling, but emphasizing that "members of the firearms industry take great pride in their longstanding cooperative relationship" with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Yes, the industry is so "cooperative" that it took the ATF to court because retailers could not abide having to tell ATF when someone walks out of a Texas gun shop with ten semi-automatic assault rifles. I guess it's easy to be "cooperative" with ATF until the Bureau actually requires you to cooperate to fight gun trafficking.

The industry's strategy of contesting the reporting rule in court has clearly backfired. The gun industry has enthusiastically joined the National Rifle Association in denying that U.S. gun dealers are a primary source of guns for the Mexican cartels. Ironically, the industry's own lawsuit has given the government an opportunity to present the full range of evidence that the cartels are arming themselves with American guns, evidence the industry was unable to overcome.

For example, Judge Collyer cited a General Accountability Office report concluding that a "large proportion of the firearms fueling Mexican drug violence originated in the United States, including a growing number of increasingly lethal weapons." Judge Collyer relied on actual crime gun traces indicating that over 20,000 firearms seized by Mexican authorities and traced between 2004 and 2008 originated in the United States, mostly from the border states. This is likely a vast undercount since not all crime guns seized in Mexico are traced. Contrary to the gun lobby' s denial of reality, Judge Collyer found that "the states bordering Mexico have been shown to be major sources of guns related to crime in Mexico."

Indeed, the gun lobby has so distanced itself from reality on the issue of gun trafficking to Mexico that it now claims that the ATF's misguided "Fast and Furious" operation, in which ATF allowed some 2,000 guns to move from the U.S. to the cartels in an effort to get at cartel leaders, was itself a conspiracy to justify the rifle reporting rule. In the paranoid universe of the gun lobby, there was no trafficking of guns to Mexico until ATF authorized it during the Obama Administration to justify more gun restrictions.

This absurd theory struggles to explain the fact that the Bush Administration used similarly flawed tactics to combat the tidal wave of guns moving to Mexico long before the "Fast and Furious" operation was implemented. Given that "Fast and Furious" has come under fire because ATF may have allowed guns to "walk" into Mexico, it is odd that the NRA and the gun industry would object to a reporting requirement that would enable ATF to better stop trafficked guns before they get to the border.

Let's face it. Although there are some gun dealers responsible enough to voluntarily inform the authorities about suspicious transactions, the industry is dominated by manufacturers, distributors and retailers who profit so handsomely from high-volume sales to traffickers that they will fight any serious effort to curtail them. In Judge Collyer's ruling, the industry's hypocrisy is laid bare for all to see.

Dennis Henigan is the Acting President of the Brady Campaign to Prevent Gun Violence and the author of Lethal Logic: Exploding the Myths That Paralyze American Gun Policy (Potomac Books 2009).

 
Last week, a federal judge in Washington handed the gun industry a painful legal setback in its efforts to prevent the Obama Administration from attacking the highly-profitable trafficking of assault ...
Last week, a federal judge in Washington handed the gun industry a painful legal setback in its efforts to prevent the Obama Administration from attacking the highly-profitable trafficking of assault ...
 
 
  • Comments
  • 1,090
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Highlights
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (8 total)
02:51 PM on 01/22/2012
So the industry that is dying, is also making 'handsome profits' by selling to traffickers? Apparently traffickers must be responsible for the 10million + NICS transactions last year. But the stupidity doesn't stop there:

Given that "Fast and Furious" has come under fire because ATF may have allowed guns to "walk" into Mexico

Wow. talk about apologetics. 'May' have allowed? Seriously? That's the angle they're going to stick w/ even after the ATF has admitted to allowing it to happen, just not who in their agency to blame?

How long until the lights get shut off in the Brady offices?

http://daysofourtrailers.blogspot.com/2012/01/what-that-flushing-sound-is.html
photo
wolflover3825
Hungry Like the Wolf.
08:43 PM on 01/22/2012
The lights are on, but no one is at home. Know what I mean?
photo
HUFFPOST SUPER USER
enlightened45
08:39 AM on 01/23/2012
Please note, comments containing links to personal blogs and other inappropriate sites will be deleted. Only links to relevant news stories or sites are acceptable.
09:19 AM on 01/23/2012
Truth hurts, doesn't it E?
photo
HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
09:30 AM on 01/23/2012
Are you able to dispute any statement in Thirdpower's posting?
11:54 AM on 01/22/2012
There are several reasonable and common sense steps that will end gun violence. This border state registry is a good start. The other states will surely follow.
photo
HUFFPOST SUPER USER
enlightened45
04:26 PM on 01/22/2012
Look, le 45, your favorite "genius".......deja vu, all over again, and again, and again....
This user has chosen to opt out of the Badges program
06:33 PM on 01/22/2012
Huh?
11:41 PM on 01/22/2012
There’s actually a lot of people that think he’s a genius.
photo
HUFFPOST PUNDIT
rikilii
Quod gratis asseritur, gratis negatur.
12:11 PM on 01/23/2012
Oh yes, I'm sure that a "border state registry" will stop the cartels, who smuggle thousands of tons of drugs into the U.S. every year, from getting their hands on guns.
photo
HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
10:00 PM on 01/20/2012
If this really is a partisan issue, shouldn't it be partisan the other way? Jim Brady was a Reagan appointee, Paul Helmke was a Republican mayor, and before Big Brother Bloomberg kept changing party whenever it made it easier to get reelected, he was a Republican.
photo
OdinsEye
Korean-Latino cop and retired military combat vet
07:25 PM on 01/20/2012
"retailers could not abide having to tell ATF when someone walks out of a Texas gun shop with ten semi-automatic assault rifles. "

There is no such thing as "semi-automatic assault rifles". Doesn't matter how many times Dennis repeats this lie, they still do not exist .
photo
HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
09:12 PM on 01/20/2012
http://www.dailykos.com/story/2012/01/16/1055217/-Gun-control-newspeak:-assault-weapon?via=user
photo
OdinsEye
Korean-Latino cop and retired military combat vet
09:26 PM on 01/20/2012
:)
photo
HUFFPOST SUPER USER
Jerry Bourbon
01:27 AM on 01/21/2012
Yes there is! And you use assault clips to load them! And they have shoulder thingies that go up!
This user has chosen to opt out of the Badges program
photo
schotts
Strength and Honor
02:58 PM on 01/21/2012
lol
photo
HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
07:09 PM on 01/20/2012
Th gun lobby's "any gun, any time" propaganda has led to countless deaths.
photo
HUFFPOST PUNDIT
RevJimIII
Grin and Barret...
10:21 PM on 01/20/2012
Your 'any hyperbole, any time' has led to countless eyerolls...
photo
Grumpy Man
Disappointed idealist
11:28 PM on 01/20/2012
Please provide a link to a quote from a representative of the "gun lobby" who has opined that we should have "any gun, any time."

* crickets *
04:01 AM on 01/21/2012
Wayne LaPierre said its a basic human right. Id say you lose, but it America that loses.
photo
OdinsEye
Korean-Latino cop and retired military combat vet
06:22 PM on 01/20/2012
Dennis's so-called "stinging defeat" is a temporary issue as it is appealed. In the meantime, he had a "stining defeat" of his own when a lawsuit he was backing was thrown out of court. Sounds like he has a case of "sour grapes" and is trying to divert attention from his own group's bungled case.
06:51 PM on 01/20/2012
Still no comment from them on having their case dismissed because they didn't bother filing in time.
07:06 PM on 01/20/2012
When Americans wake up to the fact that 30,000 Americans lose their life to gun use yearly, the gun lobby will be defeated.
photo
HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
09:32 PM on 01/20/2012
For what reason have you dishonestly claimed that death resulting from firearm-related injury are not declining, when in fact federal crime data demonstrates such?
This user has chosen to opt out of the Badges program
photo
09:33 PM on 01/20/2012
And ST, when are you going to wake up and find some new material? Your "30,000 Americans" jibberish has been refuted so many times now that it truly is becoming boring!

De Oppresso Liber
Old SF MJT
This user has chosen to opt out of the Badges program
photo
mackbolan
Libertas inaestimabilis res est
04:40 PM on 01/20/2012
on duty no less...

http://www.huffingtonpost.com/2012/01/20/nypd-police-officer-dies-after-suicide-queens_n_1218743.html?ref=new-york#comments

would the first amendment and his cell phone be to blame or the nra and the second amendment...
This user has chosen to opt out of the Badges program
photo
mackbolan
Libertas inaestimabilis res est
04:19 PM on 01/20/2012
not one person in favor of this rule change would agree to the same terms being applied to people who own camera shops and who buy cameras...remember we are trying to protect children in a foreign country from being exploited through pornography so we must know who is buying cameras in this country...
07:10 PM on 01/20/2012
Cameras aren't used to kill people.
photo
Grumpy Man
Disappointed idealist
08:37 PM on 01/20/2012
They also make a really lousy tool for self defense.

Jus sayin...
This user has chosen to opt out of the Badges program
photo
09:30 PM on 01/20/2012
ST wrote: "Cameras aren't used to kill people."

Generally, you are correst. That said, Mack's anology is still spot-on!

Oh, by the way, ST, what about those SCOTUS desicions I cited for you OVER HALF A YEAR AGO and asked you to comment on?

De Oppresso Liber
Old SF
01:27 PM on 01/20/2012
There is no such thing as a semi-automatic assault rifle. I understand the inclination to use that phrase, because "assault rifle" sounds so much scarier than "rifle", but it's still wrong, and a transparent exercise in fear-mongering.

The ATF is breaking the law in the reporting requirements. They are empowered to build a multiple handgun purchase registry, and are banned from making a registry for long guns, but they did it anyway. Spin it however you want, these are the facts.
07:11 PM on 01/20/2012
Whatever the terminology, we know some guns are made to be used for slaughter, not for hunting unless your hunting people.
This user has chosen to opt out of the Badges program
photo
molonlabe
Before you ban it, at least learn what it is.
08:12 PM on 01/20/2012
Funny, with the AR-15 platform being the most popular civilian rifle for competetive shooting, you'd think you'd see stories of those human bag limits being filled every day.

Unless of course you're just regurgitating talking points.
photo
HUFFPOST SUPER USER
eljefefx
08:12 PM on 01/20/2012
And what guns would those be? Please list a few.
This comment has been removed due to violations of our [Guidelines]
This user has chosen to opt out of the Badges program
01:00 PM on 01/20/2012
Trgic story in the paper the other day about a guy who was over his girlfriends house, brought his handgun over with him and left it out, and his girlfriend young son took the gun and killed himself accidently.

The interesting part of the story is that even though the guy had been to jail previously, had an extensive arrest and conviction record, with more than a few involving illegal possession of a firearm, he NEVER went to jail for illegal possession of a firearm. That charge had always been "negotiated" away in plea bargaining. So even though the guy had just recently got out of jail, the first thing he did was illegally purchase a firearm, because previous experience had taught him that, even though it was illegal, he would never be punished for it.

Now the kids dead, and he will go to jail for Manslaughter or some such charge. Whose fault is that? His for the irresponsible/illgale ownership? Or ours, for not enforcing the laws we make, and teaching him their is no punishment?
07:14 PM on 01/20/2012
Lots of kids die every year thanks to the gun lobby's practices. Our children are endangered by the wacky gun lobby.
This user has chosen to opt out of the Badges program
photo
molonlabe
Before you ban it, at least learn what it is.
08:15 PM on 01/20/2012
Bwahahahahaha!!!!

That's a good one, ST. You're on top of your game tonight.
photo
Grumpy Man
Disappointed idealist
11:41 PM on 01/20/2012
How many are "lots."

How does that rate compare with twenty years ago?

How old are those "kids"? Are you guys over at the VPC still including men and women up to age twenty-four as "kids" so you can inflate your numbers?
HUFFPOST SUPER USER
RDWidner
A Libertarian by nature. A free man by act of God.
12:46 PM on 01/20/2012
Every few weeks Dennis Henigan proclaims another "Stinging Defeat for the Gun Industry". It is usually a low level court decision that will be overturned on appeal. The reason Mr. Henigan does so is because as the acting president of the Brady Campaign to Prevent Gun Violence he must convince us that they are winning or at least relevent. Otherwise the donations that the group relies on to stay in business will dry up. The problem with this trategy is that it also encourages donations to the pro-gun lobbies. Since there are more people on the pro-gun side it is a self defeating strategy as long as those of us who believe in the 2nd Amendment put the money where our mouths are.
photo
HUFFPOST SUPER USER
frank day
Obama cares about all of U.S.
01:24 PM on 01/20/2012
"pro-gun"

what a sad position to adopt
This user has chosen to opt out of the Badges program
photo
molonlabe
Before you ban it, at least learn what it is.
03:57 PM on 01/20/2012
And the alternative, "anti-rights" is?

Keep dancing, frank.
This user has chosen to opt out of the Badges program
photo
mackbolan
Libertas inaestimabilis res est
03:59 PM on 01/20/2012
anti constitution....such and un-american position...
This user has chosen to opt out of the Badges program
photo
molonlabe
Before you ban it, at least learn what it is.
12:19 PM on 01/20/2012
Dennis,

At least the "gun industry" was IN court to argue the case. Unlike, well........

http://www.nssfblog.com/brady-center-runs-out-of-time-suffers-stinging-defeat-in-lawsuit-against-a-firearms-retailer/

That sound you hear is the gun control movement's continual spiral into irrelevancy.
photo
HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
12:53 PM on 01/20/2012
That's what the sound was? I thought somebody was flushing the toilet downstairs.

Well, something similar was spiraling in a similar manner.
photo
HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
01:49 PM on 01/20/2012
I must confess to some surprise that Mr. Henigan has not authored an editorial criticizing the Court for not allowing the Brady Center an exemption from established law.
07:17 PM on 01/20/2012
No matter how much money the gun lobby spends, this "any gun, anytime" propaganda is endangering our freedom, the right to life.
12:04 PM on 01/20/2012
Any number of guns smuggled to Mexico is bad - especially those smuggled with the consent of the BATFE. However, many US sourced arms are stolen from or sold by rogue military forces in Latin America. Sure, many of those guns came from the US - but from our gov't as foreign aid, not from sporting goods stores.

Mexico's ambassador reported that most of the cartel's firepower is from the internatio­nal black market and flowing across his border with Central America. El Salvador's ambassador reported that the cartels were buying weaponry from rogue El Salvadoran troops as well as stealing the weapons from military installations.

The RPGs, hand grenades, 50 cal machine guns, full-auto AK’s, etc. favored by the cartels are NOT coming from US sporting goods stores. No misguided US gun ban or registration scheme will fix the problem of internatio­nal DTO's obtaining firearms illegally.

The DTO's ravaging Latin America have their own air fleet, ships, submarines, caravans, etc. and do business all over the world. To suggest that DTO are filling out federal paperwork and undergoing FBI background checks for civilian sporting rifles as their main source of armament is ridiculous. Why would a DTO pay $1,000 for a sporting rifle when fully-automatic machine guns can be bought by the boat-load from the international black market for as little as $50 each.

Blaming sporting goods stores and civilian firearms for the violence of the International DTO's is simply foolish.
07:17 PM on 01/20/2012
Its foolish that 30,000 Americans are killed by gun use yearly.
This user has chosen to opt out of the Badges program
photo
molonlabe
Before you ban it, at least learn what it is.
08:20 PM on 01/20/2012
What's even more foolish is that some will ignore the 17,000 which are suicides and 80% of the rest which are gangbangers 'just trying to make an honest living', and instead, blame it on an inanimate object.
09:02 AM on 01/22/2012
Its foolish that you refuse to acknowledge all the lives that are saved and protected by gun use yearly.
photo
lonesometx
Please don't take me out with a drone, Pres. O
11:17 AM on 01/20/2012
To me the funny part about this gun/no gun debate is the "we need our guns to fight government tyranny ” line.

A bunch of middle aged, overweight and under trained guys, armed with deer rifles and semi autos, are going to go up against the most highly trained, professional, well armed and technically advanced military machine in the world and come out victorious??

Fat chance.

Here’s what I see happening. The gunsters will be all gung ho for a day or two until the have to sleep in the mud, go without toilet paper and Budweiser and miss the game on TV. Then it will be mass desertion.

But that might be a good thing, because when the Apache helicopters come those deer rifles will be about as much protection as toilet paper…


PS I own lots of guns and I'm a veteran.
photo
HUFFPOST SUPER USER
glockman
11:28 AM on 01/20/2012
I'm an avid firearms enthusiast and owner. And I've never advocated this type of thinking.

It's absurd.
photo
HUFFPOST SUPER USER
Jerry Bourbon
12:39 PM on 01/20/2012
Absurd, indeed. I mean, our military has just steamrollered over the armed population of Afghanistan!

And, in Afghanistan, the military wants to win. That would not necessarily be the case were a President to order the military to oppress the American people.
11:31 AM on 01/20/2012
IIRC at least one Apache in Iraq was brought down by small arms fire, and considering that most deer rifles are a lot more powerful than AK-47s....