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Neil McCarthy

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Aurora and Penn State

Posted: 07/25/2012 6:35 pm

A week ago the big news was whether the statue of Joe Paterno would come down at Penn State in the wake of the university's report that he and other higher ups had covered up Jerry Sandusky's child abuse. Then, last Friday, a gunman opened fire in a crowded theatre in Aurora, Colorado, killing a dozen people and injuring over fifty.

The two tragedies seemed completely disconnected. Different crimes. Different places. Different victims. But they actually have one thing in common.

Denial.

By us.

We have created a culture where individual responsibility is a paramount moral imperative but social or collective responsibility is denied at every turn. If you look at the commentary on the defrocking of Paterno or on this week's announcement by the NCAA of the penalties it will impose on Penn State's football program, you may be struck by the sheer number of individuals who think these results are unfair. The football team never molested a child and the players should not be penalized, so the commentary goes. Maybe it was acceptable to take JoePa off his pedestal, they continue, but that is where it should have ended.

Now fast forward to the commentary on the tragedy in Aurora. The reaction of many to those who suggest flaws in a legal regime that allowed the suspected killer to confront his intended victims with ammunition magazines that allowed him to get shots off at the rate of 50-60 a minute is the same. Guns don't kill, people do; if only some of the theatre-goers had been armed, the carnage would have been abated; in fact, said some, the law was part of the problem because it allowed those theatre goers to carry concealed weapons but prohibited those same theatre goers from firing them.

This is denial on a large scale. And until we confront it, the tragedies in Aurora... or Columbine... or Tucson will continue, and the disgusting crimes committed by the Sanduskys of this world will never be completely unearthed and eliminated as future possibilities.

It is well and good to condemn the suspected Aurora shooter and Penn State's perverted assistant coach. It is also well and good to condemn the college officials and Happy Valley icon for their head in the sand cover-up.

But after we have done all that, it might be a good time to look in the mirror.

Intercollegiate football is a multi-billion dollar business. Those football powerhouses bring in enormous sums to the universities that sponsor them. In western Pennsylvania, Paterno was untouchable, and so was the football program he repeatedly put on the national map. When he was told to resign by the university's president years ago, Paterno just ignored the demand. When he finally retired, he was given a multi-million dollar severance package, complete with access to jets and luxury boxes. Why? Because in our cost-benefit world, JoePa was a football entrepreneur whose program funded libraries, endowed chairs, and kept State College more than afloat.

No one could afford to say "no" to him until a former FBI director unveiled what was really going on.

By then, unfortunately, it was too late.

Last Friday, it was also too late in Aurora.

There is no rational reason anyone needs or should be permitted to buy an ammunition magazine that can enable a firearm to be unloaded with the rapidity of a sub-machine gun. None! And the notion that we can even the scales and avoid these tragedies by allowing Joe Average the same firepower as any would be killer is simply ludicrous. The suspected Aurora gunman had outfitted himself head to toe in bulletproof vests and body armor. One reason the hundreds of theatre-goers could not escape was that he was able to spray the crowd repeatedly with deadly bullets from his fast-action ammo clips. Under those circumstances, it's impossible to see what well-armed victims could have done -- if they got up to shoot, they would have been killed; if they succeeded in shooting, the body armor would have protected their assailant.

And how many others would have died -- in this proposed 21st-century version of the shoot out at OK Corral -- is not even considered.

Guns, too, are a multi-billion dollar business in this country. Because there are no truly protective national laws -- the assault ban was allowed to expire in 2004 -- we labor in an environment of patchwork state laws where gun manufacturers in low-control states can grossly overproduce given the demand in those markets, knowing full well that the supply will inevitably (and illegally) find its way to the high-control states.

Nevertheless, it is considered impossible to pass national gun control legislation given the NRA and a Supreme Court that has turned the Second Amendment into something it never was -- a right to bear arms unmoored from any need to provide for a well-regulated militia, which was that Amendment's original (and only) purpose. Meanwhile, President Obama says his administration will not propose any further controls, and Mitt Romney --- who actually signed an assault weapons ban in Massachusetts when he was governor -- claims no new laws, not even renewal of the old assault weapons ban which limited the size of ammo clips, are necessary.

We cheered for Paterno and those Nittany Lions for years. And we have voted in those NRA-fearing senators, representatives, state legislators and presidents for those same years.

If we think there aren't more Sanduskys out there in the untouchable venues of intercollegiate sport, or more Auroras in a future beclouded by a distorted Second Amendment, we are in denial. And until we confront the reality behind those tragedies, they will not end.

Because, as Shakespeare once put it, the fault is not just in our stars...

It's in ourselves.

 
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HUFFPOST BLOGGER
Neil McCarthy
08:53 AM on 08/02/2012
To "Spot the Mighty's" response to my last reply to him:
We at least need to reinstate an assault weapons ban. That type of ban limits the capacity of ammunition clips (as you know). In my last reply to you, I was using the term "machine gun" analogously. Large ammunition magazines makes automatic or semi-automatic weapons like machine guns, not identical to them. I know we are not back in the 1930s where gangsters used old fashioned machine guns to commit their crimes. But today's criminals are using large ammunition magazines.
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Tim Berton
01:34 AM on 07/30/2012
The Sandusky scandal and the Aurora shootings don't have much in common. Compare the VA Tech massacre if you want a situation very similar to the Aurora shootings.

It's too bad you didn't look at the evidence in the Freeh report and notice that it doesn't support the conclusion that Paterno somehow orchestrated a coverup.

The evidence actually supports Paterno's testimony that he handed McQueary's 2001 allegations off to Curley and Schultz because he felt a conflict of interest, but that doesn't make for as juicy a news story.
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Neil McCarthy
09:23 PM on 07/30/2012
According to the evidence cited in the Freeh report, Paterno didn't just hand off McQueary's February 2001 allegation to Curley and Schultz. The evidence is also that, after meeting with Paterno, Curley changed his mind about reporting Sandusky to state welfare authorities and Spanier went along with this. There was also evidence of a close relationship between Paterno and Curley; one witness described Curley as Paterno's "errand boy". The notion that Paterno was not involved in what can fairly be described as a cover up vis a vis state officials is thus not credible. Also, my post does not say Paterno "orchestrated" a cover up. He certainly participated in one and, from the evidence, may have even suggested it.
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07:48 PM on 07/25/2012
Yes I am sure that since the revolutionary war was fought by common citizens against a government that was doing things they did ot like,. The framers of the Constitution decided that the common man, Joe Public should not ever do that again and should never own a weapon again. For some reason that logic doesn't sound right. If I were to try and think like the people who had just got done fighting a military with military grade small arms, I would think when they wrote down the part about people being able to own guns, that is probably what they were talking about.
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Neil McCarthy
09:36 PM on 07/30/2012
The Second Amendment is unique in the Bill of Rights in that, unlike any other amendment, it makes its statement of right subservient to a specific goal and also to regulation. In fact, the amendment is specific about this, stating "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." Two things follow from this -- (1) that the people's right to bear arms is for the purpose of allowing the existence of a militia (which, in the 21st century, are the various state-based "National Guards"), and (2) that right is subservient to the need for that militia to be "well-regulated". Given this text, it is hard to see how the "free state" can be prohibited from regulating the right; in fact, the amendment created the right precisely so that the free state could regulate it and thus protect its citizens.
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10:33 PM on 07/30/2012
I believe every able bodied man was part of their interpretation of the militia but this is what the supreme court said in the Heller decision:The Supreme Court held:[43](1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after
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07:41 PM on 07/25/2012
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