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Dennis A. Henigan

Dennis A. Henigan

Posted: December 7, 2010 04:33 PM

In my last blog, I discussed the National Rifle Association's latest "courtroom craziness" in which the gun lobby has filed two lawsuits in Texas asserting the God-given right of 18-20 year olds to buy handguns from licensed dealers and to carry them concealed in public places. It turns out the NRA is not the only party challenging the age restrictions. Meet the gun lobby's poster boy for teens packing heat: An 18-year-old Lubbock, Texas resident named James D'Cruz.

The NRA's lawsuit describes Mr. D'Cruz as a "law-abiding, responsible citizen" who has received lots of firearms training from his grandfather, his father and as a member of JROTC. He also is a pretty good shot, receiving numerous marksmanship awards.

James A. D'Cruz TX NRA PlaintiffThe suit, however, neglects to mention that Mr. D'Cruz has a certain fondness for very violent phrases and expressions which (as you might already have guessed) he has shared on his Facebook page. Here are a few choice examples:


"In this field of hundreds begging for their lives, we shall spare none."

"After hunting men, nothing can compare."

"I will stare into your eyes as I pull the trigger and laugh as you hit the ground with your last, pathetic breath."

"A killer in me is a killer in you."

"I'm feeling like a monster."

"You wanted a war, you got one, now quit whining and leave before I destroy you further."

"I just want to leave the world colder."

I have no doubt many of these quotes are not Mr. D'Cruz's original. And who knows what his motivation was to select these quotes to share with the Facebook universe, with an accompanying "gangster" image of himself. But this is the NRA's poster boy for concealed carry by teens? This is the best the gun lobby could do to allay the fears of reasonable people that allowing teens to slip semi-autos in their jeans before going on dates may not be the best idea? (Needless to say, the postings, and the image, disappeared from public view shortly after the Brady Center called attention to them. We have, however, preserved them for posterity, and for consideration by the court.)

I am not saying that these postings show that Mr. D'Cruz is violent or will become violent. But surely his preoccupation with violent and dark expressions, and his "gangster" Facebook image, underscore the bizarre behavior that is typical of many teens who have some growing up to do. It just makes no sense to ensure that more of them are carrying loaded guns to the local multiplex, whether they have ever committed a crime or not.

In response, the gun zealots point out that there are lots of 18-20 year olds who are quite responsible. That may be true. It also misses the point. The fact that some 18-year-olds could responsibly consume alcohol does not support lowering the current 21-year-old minimum age for the purchase of alcoholic beverages. The policy argument against legalizing hidden handguns for this age group surely need not prove that every person age 18-20 would misuse guns if allowed to carry them in public places.

In recently labeling the NRA's idea of concealed carry by teens "breathtakingly irresponsible," the New York Times cited FBI crime data showing that arrests for murder and manslaughter peak at age 18. In fact, the age group 18-20 accounts for nearly 20% of arrests for those crimes, even though it accounts for only 5% of the population. If the NRA concedes that some age limitation is desirable (should 10-year-olds be allowed to carry?), then it makes no sense to allow concealed carry of lethal weapons by the age group that presents the greatest risk for lethal violence. (Apart from the policy issue, there also is the legal barrier that nothing in the Supreme Court's recent Second Amendment decisions suggests a right to carry weapons in public for any age group, much less for teens.)

Defenders of the NRA's lawsuits note that young people have the right to vote, to worship their God, to petition their government and to exercise other constitutional rights. Analogizing the Second Amendment to other provisions of the Bill of Rights requires a suspension of belief in the obvious difference: allowing 18-year-olds to vote, pray, and write their elected officials puts no one else at risk of physical harm. Only ideologues willing to ignore the real world would say the same about teens carrying guns.

As one West Texas gun shop owner put it, "I just think there are a lot of young people out there who are 18 years old who don't have the right frame of mind to be carrying a weapon." Or, to quote another Texas gun owner, with two sons 18 and 21 who have been taught gun safety from an early age, allowing 18-to-20-year-olds to buy handguns and carry them in public is "one of the worst ideas I've heard of in a while."

Amen. Anyone who doubts the wisdom of those words need only recall the NRA's poster boy for teens packing heat.

For more information, see Dennis Henigan's Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009).

 
 
 
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This user has chosen to opt out of the Badges program
05:12 PM on 12/10/2010
Why does Dennis not take a prime opportunity to objectively criticize the merits of D'Cruz's case, but simply throws out red herrings and straw men derived from taking, out of context, the plaintiff's book and film quotes and rather normal party/halloween costuming choices?

The answer is obvious: the Brady Campaign knows they don't win when they get in the arena of relevant facts and objective argument.
08:57 PM on 12/11/2010
Of course - why else would they have such a terrible track record on the facts? Let's see:

-Constant reference to "Rapid-fire" "Weapons of war" for mislabeling rifles
-Mislabeling standard magazines for said rifles as "High-capacity"
-Making false statements such as "no legitimate sporting purpose", ignoring sports that they are quite popular for.

And that's just *one* class of firearm. If they were about common sense, as they claim, they'd be acknowledging their previous false statements and apologising for them.

The D'Cruz case shows the Bradys are not only not interested in reasonable honest discourse, but that they're insisting on even darker levels of falsehoods.

And they claim the NRA are the bad ones in the gun debate? With this article, they've lost the right to make that claim.
10:25 PM on 12/12/2010
GuyOhki--you might want to read Helmke's articles from November and December of 2007 written for the Brady Campaign--the president of the BC rather grossly mischaracterized the precedents for Heller
10:02 PM on 12/08/2010
A number of people on pro-common sense blogs have pointed out that the "gangster image" is in fact a Halloween costume, and most of the quotes are from books and movies.

It seems the people who are using these "quotes" to discredit D'Cruz also ignore several of his other quotes. He has also been quoted as saying he does not condone gun violence, much like the vast majority of pro-common sense advocates.

Mr Henigan and his associates appear to be picking quotes and pictures to create a false image of a violent, disturbed individual. There's only one way to fairly describe this.

Unscrupulous.
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OdinsEye
Korean-Latino cop and combat vet
11:46 PM on 12/08/2010
Standard operating procedure.
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OdinsEye
Korean-Latino cop and combat vet
11:52 PM on 12/08/2010
BTW, anyone who has kids born after say 1970 knows that they frequently communicate via quotes from and references to scenes/characters from movies, TV, and video games. These form their common core experiences and act as an easily understood reference point for communication among their peers. I have been through it with my own kids and can state that it can be quite disconcerting.
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HUFFPOST SUPER USER
Moji
02:47 PM on 12/08/2010
He has a first and second amendment right to say all that and carry a gun but I don't have the right to live without worrying about kids his age packing heat and hunting people?
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HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
08:15 PM on 12/08/2010
Government societies are not obligated to protect you from feeling irrational fear.
09:21 PM on 12/08/2010
That's accurate, yes.
This user has chosen to opt out of the Badges program
11:49 AM on 12/08/2010
Crime in the United States 2009. (FBI website) Table 43
Arrests under 18.

"Murder and nonnegligent manslaughter...Total 941 - White 380 (40.4%) Black 546 (58%)"

Do these numbers indicate a universal teenage gun problem.. I think the facts indicate a different story.
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HUFFPOST SUPER USER
Moji
02:48 PM on 12/08/2010
like what exactly?
12:00 PM on 12/13/2010
namely the vast majority of the problem is related to the drug/gang problem
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HUFFPOST SUPER USER
Thaddeus Carpenter
Whiff of Grapeshot
09:26 AM on 12/08/2010
Here is how to solve the problem for you.... Lets make it where the constitution does not apply until age 21 that way it is applied equally.... What you do not agree with that? I thought you were all about equality and protecting ourselves from ourselves...That way the whole constitution becomes a gray are subject to the interpretation by anyone.... Wouldn't that be wonderful.... Gray area is that area where compromise takes place ensuring that no one is happy or right....
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HUFFPOST SUPER USER
MoscowMoo
Mooing for a better America
10:25 AM on 12/08/2010
Well, if the Constitution is supposed to be applied equally to all U.S. citizens without regard to age, then let's make it legal for parents of elementary schoolers to send their kids in to school packing heat, too. If you want to back up your post above, you should be very happy to have your first grader doing monkey bars and slides with other first graders who have .38's in their pockets.
11:27 AM on 12/09/2010
moo--the only people talking about elementary school kids "packing heat" are the civilian disarmament advocates
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HUFFPOST SUPER USER
Shaun Hensley
The American Experiment has failed
10:34 AM on 12/08/2010
Much of the Constitution doesn't apply to minors already. You aren't aware of this fact?
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HUFFPOST SUPER USER
MoscowMoo
Mooing for a better America
11:16 AM on 12/08/2010
Of course I am, but I am responding to Thaddeus above, who is arguing that the Constitution should be applied equally to all U.S. citizens regardless of age. You weren't aware of his post?
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alongst
too often denied to speak
09:17 AM on 12/08/2010
Yet if he were a rap "star", saying all those things wouldn't have raised an eyebrow !
At 19, I was flying helicopters in the Army and shooting miniguns and launching rockets at people .
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HUFFPOST SUPER USER
MoscowMoo
Mooing for a better America
10:35 AM on 12/08/2010
Yes, but the Army was able to put you through a vetting process first to make sure you were mature enough to handle it.
HUFFPOST SUPER USER
HisXLNC
No.
01:05 PM on 12/08/2010
If he were a rap "star" saying those things, the Brady Campaign would invite him to one of their events.

Google: "brady campaign maino"
08:41 AM on 12/08/2010
It does seem that Henigan leaves logic at the door and can only resort to personal attacks and innuendo to make his case. 18 year olds can vote (arguably requires the most maturity and wisdom); can fight and die for their country; drive; get married; and pay taxes but Henigan thinks they should be deprived of the basic constitutional right to protect themselves. Maturity and wisdom don't automatically come with age (see article above) and neither do they require a certain age to acquire. It's funny Henigan would use a Face Book posting as his gauge for excercising a constitutional right. Does that mean if you don't use Face Book you can have the rights? His gun control position is so weak he's grasping at straws (or in this case, Face Book postings).
HUFFPOST SUPER USER
M Jeffrey
07:05 AM on 12/08/2010
If 18 is the legal age they should be able to do everything that a legal aged adult can do including drinking and buying a gun if they so desire.
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HUFFPOST SUPER USER
Shaun Hensley
The American Experiment has failed
10:35 AM on 12/08/2010
Legal age for everything needs to be raised to 21. Too many 18 year olds have 15 year olds in their circle.
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HUFFPOST SUPER USER
MoscowMoo
Mooing for a better America
11:18 AM on 12/08/2010
Agreed!
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kamachanda
Mr. President, Tear this Wall Street down!
06:57 AM on 12/08/2010
Can you say Columbine? Of course you can.
01:10 PM on 12/08/2010
Yeah...the age restriction didn't exactly stop those kids, did it?

Seems it didn't stop them from building propane bombs either.
HUFFPOST SUPER USER
Jeff Rosenbury
06:54 AM on 12/08/2010
Have you ever heard combat soldiers speak. They make this kid seem warm and fuzzy. Perhaps we need to disarm all the eighteen year old marines?

The original reason for lowering the age of full citizenship was because the age of mandatory gun ownership and use was eighteen.
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HUFFPOST PUNDIT
M Cubed
My shampoo is gluten-free!
10:40 PM on 12/07/2010
There are days when I think rational Americans are right in questioning the strategy of absolute freedom for everyone to bear arms. This is one of those situations. We feel it is right to deny people under 21 the ability to drink, because the act of drinking hampers their immature judgment. We let them drive and fight in the military after age 18 because there is an expectation of training, supervision, and in the case of driving, lots of rules and guidelines. But with firearms, instant poor choices can lead to instant death. There are not the controls and training one would get if they were getting behind a wheel. Neither is there a mandatory insurance policy, so that victims of the violence may have some recourse. The 18-24 year olds are statistically overrepresented in the violent crime statistics, especially when those crime include a gun. This is what the statistics look like now, BEFORE making it easier for these individuals to carry weapons.

http://bjs.ojp.usdoj.gov/content/glance/homage.cfm

http://en.wikipedia.org/wiki/Gun_violence_in_the_United_States
07:58 AM on 12/08/2010
A downward trend even w/ the lessening of restrictions across the US.

We've heard the 'blood in the streets' and 'wild west shootouts' for years each and every time a new law is passed allowing more freedoms for firearm rights.
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HUFFPOST PUNDIT
M Cubed
My shampoo is gluten-free!
01:56 PM on 12/08/2010
You cannot deny that even with a downward trend, the numbers for the 18-24 age group are still much higher than all the rest.
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HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
01:17 PM on 12/08/2010
There are days when I think rational Americans are right in questioning the strategy of absolute freedom for everyone to bear arms.
Please identify rational Americans who have questioning such a freedom.   Thus far, all opposition that I have observed has originated from irrational individuals.
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HUFFPOST PUNDIT
M Cubed
My shampoo is gluten-free!
02:06 PM on 12/08/2010
By "irrational individuals" I suppose you want to put me in that category.Right, now we know how you play--you are the rational one, and everyone who disagrees with you for any reason is an loony. Fine.

You are in favor of granting absolutely everyone the absolute freedom to bear whatever firearm they wish. Even the mentally disabled, the felon, the emotionally deranged, and young people who lack a mature sense of judgment. Sorry, but I do not find any logic in that position at all.
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booboo111
micro-bio
09:47 PM on 12/07/2010
18 yr. old testosterone laden teenage boys packing heat. What could possibly go wrong?
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JimInHouston
Arma virumque cano...
11:20 AM on 12/08/2010
The ones who are likely to do wrong are ALREADY carrying.
HUFFPOST SUPER USER
Balzac
07:58 PM on 12/07/2010
If teenage guys had conceal carry permits, and they had a party, there would likely be a chain-reaction shoot-out based on teen angst and jumpy nerves. His Facebook shows he's over-eager and morbidly fascinated with violence. He ought to try golf or something.
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HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
01:17 PM on 12/08/2010
If teenage guys had conceal carry permits, and they had a party, there would likely be a chain-reaction shoot-out based on teen angst and jumpy nerves.
Please justify this prediction.
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HUFFPOST SUPER USER
Gynn
02:41 PM on 12/08/2010
Its justified under the same prediction that if you get a bunch of teenage guys drunk and put them in cars they will crash on the way home. Dimensio, you are a very good debater, I suspect you have had some training in debate, and possibly law. Unfortunately, it isn't us that needs to defend the claims that there would be more damage by allowing 18-20 year old to possess concealed firearms, but your responsibility to prove that they would not. In previous posts I sited government statistics showing that when more strict gun control laws are in place the homicide rate drops, the suicide rate drops. If you give teenagers guns statistically some of them will use them irresponsibly. More of them will use guns irresponsibly than other age groups. This is shown by crime statistics, that most violent crime is committed by those between 16-24.

Please provide evidence that a reduction in gun control has had any positive effect on violent crimes. Or in safety.
07:38 PM on 12/07/2010
If were going to use 18 as the age for one thing, let's make it where 18 is the legal age for EVERYTHING. All of mine are above that age, so it would not affect them. But if a kid is responsible enough to buy a weapon and get a concealed permit, then why can they not buy a beer?

Oh I forgot... they have to join the military and go overseas where most people just want the service members money and will let them drink over there, but they are too immature to drink here.

The NRA arguments are like the tea party members to me. Self righteous and delusional. Either an 18 year old is an adult, or they are not. You can't just fight for guns, but oppose granting legal adults other rights.
billstewart
Not a micro-biologist
09:24 PM on 12/07/2010
The age of majority *is* 18 in the US - the alcohol laws are there because of Reagan-era political correctness about drunk driving.
Berettasskeeter
For what we are about to receive, may we be truly
02:21 PM on 12/10/2010
Actually, it was the 70's! Reagan was elected in 1980, and inaugurated in 1981.
Semper fi
HUFFPOST PUNDIT
rikilii
Hush, was the first word you were taught...
11:10 PM on 12/08/2010
18 drinking age seems to work just fine in just about every other country in the world, why not here?
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HUFFPOST SUPER USER
Sam Damon
Do or do not, there is no try.
06:48 PM on 12/07/2010
Bottom line you're either an adult at 18 or you are not. If at 18 you're not old enough to own a handgun then you certainly should not serve on a jury, elect a president or be held accountable as an adult in the justice system. And let’s not forget about being called to serve in a draft. Sounds like a lot of you want the kids to bear the brunt of being an adult, without giving them the privileges. Good thing the 18-20 year old don’t get their act together and force some electoral change. Can’t have it both ways folks, it’s called hypocrisy.
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09:04 PM on 12/07/2010
Eighteen year olds are not adults by any stretch of the imagination. But their willingness to do violence is just too good for the armed forces to ignore.
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M Jeffrey
07:07 AM on 12/08/2010
So says you!
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HUFFPOST PUNDIT
Dimensio
I just don't know what went wrong!
01:18 PM on 12/08/2010
Then you should lobby for federal and state law to recognize individuals who are eighteen years of age as minors, and not as legal adults.
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HUFFPOST SUPER USER
Bogstomper2
A secular conservative
11:01 PM on 12/07/2010
"Bottom line you're either an adult at 18 or you are not."

I don't really mind having different responsibilities being awarded at different ages, but the choice to enlist in the military should be at the high end of the age range, not the low end.