John Rosenthal

John Rosenthal

Posted: November 10, 2008 04:48 PM

What President Obama Can Do to Reduce Gun Violence

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President-elect Obama should implement seven tested and proven initiatives that will have an immediate impact on reducing gun related violence, accidents and suicides without affecting the Second Amendment or having any negative impact on responsible and law abiding gun owners.

Of the average 34,000 gun deaths in the US every year approximately 11,000 are homicides, 18,000 are suicides and 5,000 are unintentional accidents. We can change these horrific numbers.

If I were President Obama, one of my first acts would be the immediate implementation the following gun violence prevention initiatives to reduce gun access by children, criminals and terrorists without any undue restrictions on responsible gun owners like myself.

#1 Mandatory criminal background checks for all gun sales

Current Federal law only requires Licensed gun dealers to perform criminal background checks. Consequently in 32 States "private dealers"/individuals can legally sell guns at thousands of annual gun shows, countless flea markets and yard sales, and out of homes, backpacks, car trunks or on street corners without running a background check or asking to see an ID. Only the first gun sale from a "Federally Licensed" gun dealer requires documentation and all "secondary" gun sales are legally allowed to take place without any paperwork or record keeping. As a result, convicted felons and suspected terrorists can and do buy guns simply because there is no background check required or conducted.

#2 Require responsible and safe gun storage for all firearms unless they are in the owners direct control

Approximately 40% of American homes have at least one firearm. Most guns used in child accidental gun injuries and deaths and teenage suicides come from within the home. Responsible guns owners safely secure their guns -unloaded and locked unless they are in their direct control. Seventeen States have such a safe-storage/Child Access Prevention requirement and all such states have a lower incidence of gun injuries and deaths among children compared to states without such a requirement.

#3 Allow Law Enforcement to maintain and share critical "crime-gun" trace data

Current Federal law prohibits the BATF from sharing crime gun trace data even among law enforcement agencies. In 2000 the BATF used crime-gun trace data to determine that just 1% of licensed gun dealers provided 57% of guns used in crime. Instead of supporting law enforcement efforts to identify and arrest illegal gun dealers, the Bush administration made police the enemy of "gun rights", requiring prison sentences for any police official that shares crime-gun trace data with even other law enforcement.

#4 Restore and improve the Federal Ban on Assault Weapons

The 10 year Federal ban on 19 specific military style assault weapons beginning in 1994 was supported by every major US law enforcement organization representing over 450,000 police officers. Although so called assault weapons make up approximately 1% of the US gun stock, statistics clearly show that they are the weapon of choice by gangs, career criminals and terrorist organizations and disproportionately show up in crimes. The Bush administration let the ban expire in 2004 even though the ban resulted in a dramatic 66% reduction in these weapons used in crime over the 10 year period.

#5 Repeal the Federal law giving Immunity to the gun industry

In 2007 Congress and the Bush administration enacted legislation prohibiting the ability to sue the gun industry even for negligence and blatantly marketing to criminals. For instance, the Tech 9 semi-automatic pistol, one of the guns used at the Columbine High School massacre, was marketed as "having a finish resistant to fingerprints", the Hertzel 22 cal handgun is marketed as "capable of penetrating 48 layers of soft body armor" and the Barrett 50 cal sniper rifle with a 2 mile range and designed to penetrate steel, is touted as being able to "take down an aircraft with one shot" and they tell you where to put it. Osama bin Laden bought a dozen of these US made Barrett's when fighting the Soviets in Afghanistan! The gun industry makes, markets and sells inherently dangerous product (like automobiles, knives and drugs- all regulated) and they should be held accountable for their actions.

#6 Enact National Consumer Product Safety Commission regulations for firearms

Congress has prohibited the National Consumer Product Safety Commission from oversight of the gun industry. Therefore guns have NO consumer safety, manufacturing or marketing standards for how they are sold. Consequently toy guns and teddy bears have more regulations on how they're made than real guns that result in an average of 34,000 deaths a year in the US. The gun industry flaunts their "freedom" from regulation and continues to make and sell guns without minimal safety features and in some cases knowingly market their deadly products directly to criminals and terrorists without any accountability. Massachusetts, which is home to Smith and Wesson, the nation's largest handgun manufacturer, enacted the first in the nation Consumer Protection regulations for firearms and such oversight had no negative impacts on legitimate gun makers, dealers or buyers in the State.


#7 Create incentives for the gun industry to make "personalized guns"

According to gun maker Smith and Wesson, guns could be made with personal recognition technology such that only the intended user could fire the gun. This practical technological solution would save the lives of countless victims of gun violence, accidents and suicides each year. It could also help save the lives of the 17% of police officers killed in the line of duty by a criminal accessing the officer's gun. In fact, in an agreement with the Clinton administration, Smith and Wesson promised to invest a portion of net profits into "personalized gun technology".


If President Obama and Congress were to enact just these 7 national gun violence prevention initiates, the 34,000 annual gun deaths and 80,000 injuries would be reduced to a fraction without any undue hardship on responsible gun owners like myself. I'm hopeful. President-elect Obama knows all too well that 70-80 percent of the 80 or more gun deaths every day in the US are non-white, urban Americans. He also knows that an overwhelming majority of Americans, including gun owners and law enforcement officers, support criminal background checks for all gun sales, the Ban on assault weapons and responsible safety standards and regulations for gun makers, dealers and owners that do not infringe upon Second Amendment rights.

Now all that is needed is a loud public outcry and the political will for sensible and responsible domestic gun policy.

President-elect Obama should implement seven tested and proven initiatives that will have an immediate impact on reducing gun related violence, accidents and suicides without affecting the Second Amen...
President-elect Obama should implement seven tested and proven initiatives that will have an immediate impact on reducing gun related violence, accidents and suicides without affecting the Second Amen...
 
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- EmilyU I'm a Fan of EmilyU 4 fans permalink
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BTW, I can find nothing about a "Hertzel" handgun.

    Favorite    Flag as abusive Posted 01:46 PM on 11/11/2008
- 45superman I'm a Fan of 45superman 6 fans permalink

My guess is that Rosenthal--bless his poor, confused little heart--was trying to refer to the FN Herstal Five-seveN pistol (5.7mm--or .224--could be considered "22 cal," I guess). Never mind that the types of 5.7x28mm FN ammunition "marketed as 'capable of penetrating 48 layers of soft body armor'" is already illegal for private citizens to own.

    Favorite    Flag as abusive Posted 02:23 PM on 11/11/2008
- EmilyU I'm a Fan of EmilyU 4 fans permalink
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"For instance, the Tech 9 semi-automatic pistol, one of the guns used at the Columbine High School massacre, was marketed as "having a finish resistant to fingerprints", "

John, John, John....

It is a TEC-9 and the "resistance" refers to corrosion, not the ability to 'lift' fingerprints forensically. Fingerprints can rapidly corrode the metal used in many firearms which is why gun owners clean their firearms frequently. Ask any coin collector and they will tell you the same thing.

    Favorite    Flag as abusive Posted 01:35 PM on 11/11/2008
- EmilyU I'm a Fan of EmilyU 4 fans permalink
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"Enact National Consumer Product Safety Commission regulations for firearms"

They did, long before the CPSC ever existed. It is called SAAMI.

    Favorite    Flag as abusive Posted 01:25 PM on 11/11/2008
- EmilyU I'm a Fan of EmilyU 4 fans permalink
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"Current Federal law prohibits the BATF from sharing crime gun trace data even among law enforcement agencies."

A complete misrepresentation of what the law actually says.

    Favorite    Flag as abusive Posted 01:23 PM on 11/11/2008
- EmilyU I'm a Fan of EmilyU 4 fans permalink
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"the Barrett 50 cal sniper rifle with a 2 mile range and designed to penetrate steel, is touted as being able to "take down an aircraft with one shot" "

The rifle is not designed to penetrate steel, that is a function of ammo.

The rifle was actaully developed for civilian long range competitions poking holes in paper and plywood.

And it can "take out" an airplane with one shot, IF the airplane is parked on the ground! The chances of taking 'down' an airplane with one shot from one of these rifles is incredibly small to the point of being nearly impossible. That is why .50 cal anti-aircraft guns were full-auto machine guns and usually mounted in groups of four.

    Favorite    Flag as abusive Posted 01:19 PM on 11/11/2008
- Toonadude I'm a Fan of Toonadude 15 fans permalink

Looks like your ballerina friend needs to trade her .50 BMG in for a .50 Barrett in order to score on those whitetails that are 2 miles out.

    Favorite    Flag as abusive Posted 11:19 PM on 11/11/2008
- EmilyU I'm a Fan of EmilyU 4 fans permalink
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The Barrett .50 cals fire the .50 BMG cartridge. And trying to hit anything smaller than a small building or a vehicle at 2 miles away is nearly impossible.

    Favorite    Flag as abusive Posted 12:01 AM on 11/12/2008
- djkrlsn I'm a Fan of djkrlsn 23 fans permalink

In terms of "safe storage"--what is needed depends on who is in the household (I am the youngest in where I live--at 47)--so I have different concerns than people with young children, the NICS I would have few problems with if it is open to individuals selling privately owned guns with minimal charge (where I do have a problem is situations like in DC where there is ONE dealer and to make the transfer costs $125 or more (which would drastically up the price of many handguns that new will retail for $500 or less). The ban on lawsuits I oppose getting rid of for the same reason that car manufacturers should not be sued for the actions of drunk drivers (namely the Brady Campaign, the VPC, Mayors Daley and Bloomberg are notorious for suing manufacturers where the manufacturer fully obeyed the law but a criminal not only used the gun in a crime but got the gun as a result of a crime) and the 1994 AWB did nothing to reduce crime (and under Heller, it is unconstitutional).

    Favorite    Flag as abusive Posted 12:27 PM on 11/11/2008
- milo9 I'm a Fan of milo9 11 fans permalink
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Democrats will rue the day that they make gun ownership an overiding issue. And they talk of expanding their numbers in 2010.

    Favorite    Flag as abusive Posted 11:47 AM on 11/11/2008
- djkrlsn I'm a Fan of djkrlsn 23 fans permalink

A renewal of the 1994 gun bill would most likely result in major Republican gains.

    Favorite    Flag as abusive Posted 12:29 PM on 11/11/2008
- tbone99 I'm a Fan of tbone99 93 fans permalink

Outlaw Bullets!

    Favorite    Flag as abusive Posted 10:47 AM on 11/11/2008
- 45superman I'm a Fan of 45superman 6 fans permalink

Which would make exactly as much sense as outlawing ink, in order to combat the problem of libel.

    Favorite    Flag as abusive Posted 02:09 PM on 11/11/2008
- STG 44 I'm a Fan of STG 44 5 fans permalink

To better understand the Second Amendment to the United States Constitution it is helpful to consider how almost every reasonable person would interpret this amendment if it did not involve something which is considered controversial or politically incorrect by some and idolized by others. Arms in the possession of ordinary citizens meet both criteria. Let's, for the sake of argument, suppose that the Second Amendment dealt with books, not arms or weapons, and read like this: "A well educated electorate, being necessary to the maintenance of a free State, the right of the people to own and read books, shall not be infringed.­" Does anyone really believe that liberals would claim that only people who were eligible to vote should be allowed to buy and read books? Or that a person should have to have voted in the last election before the government would permit him or her to buy a book? Would the importation of books be banned if they did not meet an "educational purpose" test? Would some States limit citizens to buying "one book a month"? Would inflammatory "assault books" be banned in California?

    Favorite    Flag as abusive Posted 04:40 AM on 11/11/2008

#4 Restore and improve the Federal Ban on Assault Weapons

Interesting and short video:

http://www.youtube.com/watch?v=sfKADcfE90U

    Favorite    Flag as abusive Posted 02:53 AM on 11/11/2008

I understand some of your frustrations Mr. Rosenthal, however None of the laws you would put in place if you could would help lower gun violence..­.... Criminals do not obey laws, we have a criminal problem in this country not a gun problem. Yes some people use guns for bad, some people use guns for good. Tell me how restricting the good people is going to help make the bad people (who will not follow any of the laws anyway) from hurting people?

At least in my state, the only guns that can be bought privately are long guns. Which you will find if you search are used in so few instances for crime that its less than a percent of the overall use of guns..... So how is that going to help? Every single time you buy a handgun in my state you must have a background check..... News flash, criminals don't buy guns through dealers, they buy them off the street illegally! The Clinton AWB did absolutely nothing to curb any gun violence, again... because criminals do not OBEY the law... Stop trying to punish Law abiding citizens for the criminals our justice system lets out on parole.

    Favorite    Flag as abusive Posted 11:43 PM on 11/10/2008

The article could be titled "What Obama could try to do to reduce gun violence." Of the seven listed, maybe the first two have a chance of getting some traction. The others have met, and will continue to meet, with voracious opposition. In this post Heller decision era, they would likely go nowhere.

    Favorite    Flag as abusive Posted 07:48 PM on 11/10/2008
- Thirdpower I'm a Fan of Thirdpower 48 fans permalink
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Actually #2 has been struck down under Heller arguments in NY.

As for #1, Ask John if he would accept NICS background check access to non-FFL's.

John wants to combine it w/ #5 in order to sue as many firearm dealers and manufacturers out of business as possible. How would one then be able to sell or purchase firearms?

As an aside, this line:

"In 2007 Congress and the Bush administration enacted legislation prohibiting the ability to sue the gun industry even for negligence and blatantly marketing to criminals.­"

is an outright fabrication. You can still sue the firearm industry for negligence and faulty manufacturing. What it prevents are third-party civil suits with claims like 'public nuisance' etc.

    Favorite    Flag as abusive Posted 08:32 PM on 11/10/2008
- djkrlsn I'm a Fan of djkrlsn 23 fans permalink

I think Mr Rosenthal would prefer the DC model--everyone has to go through a dealer at $200+ a pop.

    Favorite    Flag as abusive Posted 02:21 PM on 11/12/2008
- Thirdpower I'm a Fan of Thirdpower 48 fans permalink
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How can they be "tested and proven initiatives that will have an immediate impact on reducing gun related violence, " when several of them don't exist?

I mean really. Nobody's used the "Teddy Bear" meme for quite some time.

    Favorite    Flag as abusive Posted 07:27 PM on 11/10/2008
- 45superman I'm a Fan of 45superman 6 fans permalink

OK--did some checking, using the Centers for Disease Control WISQARS Injury Mortality Reports http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.htmll). The years for which data is available are 1999 to 2005. Here's how the data breaks down for firearms deaths (this is TOTAL, over the entire 7 year period, so to get average deaths per year, you have to divide by 7):

Total: 207,751 for all seven years, or 29,679 per year (as opposed to Rosenthal's 34,000)
Homicide: 80,702 for all 7 years, or 11,529 per year (as opposed to Rosenthal's 11,000)
Suicide: 117,821 for all seven years, or 16,832 per year (as opposed to Rosenthal's 18,000)
Unintentional: 5332 for all seven years, or 762 per year (as opposed to Rosenthal's 5,000--Wow!)

I sure would like to know what period you used to generate your averages, John.

    Favorite    Flag as abusive Posted 06:52 PM on 11/10/2008
- 45superman I'm a Fan of 45superman 6 fans permalink

"Of the average 34,000 gun deaths in the US every year approximately 11,000 are homicides, 18,000 are suicides and 5,000 are unintentional accidents.­"

How far back did you have to go to get those numbers, Rosenthal? They sure as hell are a lot larger than the numbers from the past few years, at least. Five thousand accidental fatal shootings? When?

    Favorite    Flag as abusive Posted 05:29 PM on 11/10/2008
- djkrlsn I'm a Fan of djkrlsn 23 fans permalink

Also there is not a gun law on the books that would touch the suicide count if the person is bound and determined to commit suicide. An easy way around this that I can see is going to the roof of a parking structure or tall building and letting gravity do the job.

    Favorite    Flag as abusive Posted 02:19 PM on 11/12/2008
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