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What's Wrong With Gun Registration?

Tom Harvey   |   April 22, 2014   11:05 AM ET

I live in Maryland, whose nickname is the "Free State," and I am no less free because of the laws in my state require registration of handguns and prohibit the more dangerous varieties of firearms, magazines and ammunition. In fact, I feel more free because I have less fear of being blown away, freedom and all, than I would have if guns were less regulated.

Very few people have serious objections to registration of activities in many other contexts; we register our cars, dogs, bicycles, burglar alarms, births, deaths, marriages and our kids into schools every day. Even with no military draft, we have draft registration. Many people have totally given up on privacy in giving any information to businesses. But guns are treated differently. Why? One reason is that we are inundated by demands that we do so from loud gun proponents stirred up and financed by a cynical commercial gun lobby. Another is we all have at least a little bit of rebellion in us and we can dream of throwing off the restraints of civilization and of running wild.

But we should not forget that this dream is a dream of going back to the state of nature and, as every one knows, the state of nature is where life is "nasty, brutish and short." It certainly was short for the twenty children and six teachers who died at Sandy Hook Elementary School and the thirty thousand or so who died from gun incidents last year.

The slogan or talking point "registration always leads to confiscation" has been taken up and repeated so many times that it seems impossible to trace its origin. Of course, law enforcement agencies, whether tyrannical or benign, have seized illegal items as part of their duties throughout history; but the picture being painted by gun zealots is of "jack-booted thugs" from the federal government taking the tools of liberty from true patriots. An example of this is currently happening in New York State where the SAFE Act requires registration of assault weapons. Many owners are being reported as unwilling to comply.

Seizure of weapons that are illegal, held by prohibited persons or not brought into compliance with licensing requirements is being presented as a sinister conspiracy rather than normal law enforcement. A U.S. congressman, Steve Stockman (R-TX), has just introduced a bill to cut off federal funds to states engaging in "registration" or "confiscation" of guns.

The NRA expresses fear of government tracking in amazing detail. For example, it filed a Friend of the Court brief against National Security Administration data collection on the grounds that such data could identify firearm ownership, siding with the ACLU. 

Lots of people have frustrations about the current state of society and it's easy to project these frustrations onto the government, but we don't live in a tyranny and President Obama isn't a totalitarian dictator. We have an amazing array of freedoms which would be severely put in jeopardy if we did have a revolution. The existence or even the perception of armed angry people hiding their identity among us and waiting to spring forth diminishes our ability to find happy, productive and unmolested lives. In our society, the vast majority of our citizens stand for enforcement of the law as it is adopted by our representatives in legislatures or Congress, and even the NRA calls for the enforcement of laws while they work to make that enforcement impossible.

So those of us who don't live our lives in paranoid fear and can sleep without having a gun under our beds can ask why we would want to insist that guns be registered with the government. The most important reason is to keep guns out of dangerous hands. Our existing system for that purpose is to background check some sales of guns, but there is an immense loophole for private sales in most states. Anyone with an interest in getting a gun knows where to buy one without a check being performed. The background check system also is dependent on identifying from the entire population, not just those wanting to acquire guns, those who are prohibited and keeping that list in databases. A registration and permit system would apply to all sales and require determining the suitability of only those wanting to buy a gun at the current moment.

Another limitation of background checking is that it assumes that a person passing the check will remain a legal gun possessor indefinitely. Many of the situations that are denounced as confiscation consist of a government moving to seize guns already in the hands of people who are later convicted of crimes that make their continued gun possession illegal. Getting these guns out of the hands of their now illegal owners is critical to protecting the public but is slowed and blocked by resistance from legislatures and pro-gun forces.

A gun registration system can also serve the goals of preventing legal owners from letting their guns get into illegal hands in secondary ways. It can include a requirement that gun transfers, losses and thefts be reported. This will help greatly in investigation of illegal guns seized on the street and of incidents of gun violence.

If firearm registration remains politically infeasible, there is another way to accomplish most of these goals. That is to have insurance, starting at manufacture and requiring continuance of insurer responsibility through all transfers unless replaced by new insurance. Readers who know my writing know I spend most of my time advocating such insurance in the face of massive resistance from both the gun and the insurance industry.

  |   April 21, 2014    2:32 PM ET

SHANGHAI (AP) — A quarter of the police in Shanghai began carrying guns during routine patrols for the first time this week as part of a China-wide boost in police firepower following a deadly mass knifing blamed on Xinjiang separatists.

Ordinary police in China generally don't carry firearms, and none of the officers patrolling the train station in the southwestern city of Kunming on March 1 was armed when at least five assailants began rapidly hacking at victims with long knives.

Steven Hoffer   |   April 21, 2014   11:54 AM ET

Police say a 2-year-old Utah boy passed away Friday after his 3-year-old sister accidentally shot him in the stomach with a rifle.

Authorities in Cache County said that the girl fired a .22 caliber weapon in the deadly incident, KSL reports.

"The gun had been used earlier in the day by the victim's father and was set down after returning home," said Cache County Sheriff's Lt. Mike Peterson, according to KUTV. "The gun was in an unloaded state but did have live rounds in the magazine. We believe the three-year-old had to manipulate the action enough to chamber a live round prior to the incident occurring."

The children's parents were at home when the gun discharged, and the boy's mother immediately called for help. The boy was rushed in critical condition to Logan Regional hospital for surgery, before being flown to Primary Children's Hospital, where he later died, according to the Salt Lake Tribune.

While authorities believe that the shooting was accidental, a report will be sent to the county Attorney's Office for review. The county attorney will decide if charges will be filed.

The victim's name was not immediately released.

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  |   April 17, 2014    5:45 PM ET

Read More: guns

Hand over your email address to a political campaign, and typically all you can expect in return is an endless stream of solicitations for money.

Bloomberg Gives Boost to Gun Control

Adam Winkler   |   April 16, 2014    4:07 PM ET

Today's announcement by billionaire and former New York mayor Michael Bloomberg of the creation of Everytown for Gun Safety, a new political organization committed to electing pro-gun control legislators, is just the boost the gun control movement needs. The failure of Congress to enact reform in the wake of Newtown, despite widespread support in the polls, has discouraged many gun control supporters. When proposals to enhance background checks has 90 percent support but fail even to get through the Senate, gun control advocates have reason to be worried.

That's why Bloomberg's new organization is so important. Background check reform was defeated by the effective political mobilization of gun enthusiasts by the National Rifle Association and other gun rights groups. The NRA and its allies were able to swamp senators offices with calls, letters, and emails against reform. Senators, especially from swing states, became convinced that voting to improve background checks would stir up single-issue, pro-gun voters on Election Day. Not without reason has the NRA been considered one of the most powerful political players in Washington.

Bloomberg is promising to bring those same types of political operations used by the NRA to the gun control movement. Everytown for Gun Safety will be devoted to identifying and scoring pro-gun control candidates; providing them with contributions and independent expenditures; and turning out the vote for them on election day. Everytown also aims to be an active membership organization for supporters of gun safety laws -- connecting them up in a political network that will promote the sharing of information and additional means of raising funds. With $50 million in financing from Bloomberg, Everytown will have funding unprecedented among gun control groups devoted to political advocacy.

Bloomberg understands that the lack of political mobilization has cost gun control advocates. The NRA is effective because it can turn out voters for its candidates. The same is true of other major effective political groups, like Planned Parenthood. Although the gun control movement has other important political players, like the Brady Campaign to Prevent Gun Violence and Gabrielle Giffords' Americans for Responsible Solutions, Bloomberg is promising to build an active membership organization with a few million members. That's something the gun control movement has never really had.

There are obvious hurdles to any gun control advocacy group. There are a lot of single-issue, pro-gun voters in America but not a lot of single-issue, pro-gun-control voters. Everytown, to be successful, will have to inspire more people who support gun control to make this the sole issue they vote on in primary and general elections. It's also easier for gun rights advocates to mobilize because they are united by a common hobby -- shooting -- and all that it entails. They network at gun ranges, read similar periodicals and websites, and follow the same Twitter feeds. That means that information can reach them easily and they can be political mobilized to call officials or support a given candidate. Gun control advocates aren't united in the same way, which makes mobilization more difficult.

Perhaps Bloomberg's $50 million will help. That's what he's betting on -- and why gun control supporters should be buoyed by today's news.

Samantha Lachman   |   April 16, 2014    9:52 AM ET

Congressional candidate and Montana state Sen. Matt Rosendale (R) makes a point about federal government intrusion by seemingly firing a shot at a drone in a new TV ad released Monday.

Rosendale is one of a handful of Republicans running for Montana's only House seat, which is being vacated by Rep. Steve Daines (R-Mont.) as he runs for the Senate. The Billings Gazette reports that Rosendale's ad will run on statewide television.

The ad begins with a drone's eye view of Rosendale standing in the snow. He "shoots down" the drone, which appears to fall out of the sky as the screen flashes with a message reading "signal lost."

"The federal government is too big and too powerful," Rosendale says, adding "spying on our citizens" is "just wrong."

Rosendale's suspicion of the federal government doesn't just relate to drone surveillance. Mother Jones reported in January that he attended a seminar in December featuring a speaker who argues that environmentalists are "domestic terrorists" and that a small group of international banking families surreptitiously control global politics.

The state senator took out $500,000 in personal loans to run his campaign.

The National Republican Congressional Committee put Rosendale "on the radar" under their "Young Guns" program, which supports and mentors both challengers and open-seat candidates.

Montana's primary is set for June 3.

Stupid Rises, Nation Declines

Craig Giesecke   |   April 15, 2014    3:34 PM ET

It takes a little while to read and digest all the numbers in this year's version of the annual Social Progress Index, but it's not difficult to see some things need fixing here in good ol' Murica. But a valid question is whether we can or even want to, given our historically large division in Congress and in the electorate as a whole.

Anymore, we can't agree our ass is on fire even if someone held up a full-length mirror. Part of the reason is we're constantly being given false choices by our major political parties. Like teenagers of years gone by, we're being pushed to buy the whole album just to get one song. If we decide we're, say, pro-choice then we're also told we have to be anti-gun. If we're pro-business, we need to be waving a Bible. About all we can agree on anymore is supporting the troops and that something needs to be done about immigration. One day. Really. We'll get to it. After the election.

All this has led to the rise of the independent voter and increased support for third parties. But, really, this only makes things worse as no one gets any real traction. Third parties can certainly affect election outcomes, but quickly run out of gas in the actual lawmaking process. Ultimately, independent, third-party and single-issue voting remove the heavy lifting from the major political parties because they no longer feel pressured to make compromises.

What's gotten us where we are is the rise of dumbassery. Basically, as voters, we've given our elected leaders pretty much an open road to Idiotville. Not that this hasn't always been an issue, since our nation has a long and proud history of putting various dimwits in elected office (and, yes, including the White House). Matter of fact, our own Founding Fathers realized this and were concerned about the kind of jacklegs that might be elected in the several states. This was one of the reasons given for passage of the 17th Amendment.

But we seemed to have reached a new apogee (or perigee) in our national tolerance for the boneheaded, as if Ernest P. Worrell was suddenly plopped into power. Some enactments are outwardly offensive but, overall, relatively harmless, such as the ongoing effort to make the Bible the official state book of Louisiana. But others, such as the severe abortion clinic rules in Texas have huge and regressive effects on the general health of an entire state, flying in the face of well-established law, history, statistics and social success.

Oh, and our public schools are tanking too (despite the valiant efforts of so many). Creationism is crap. Stop using public money to teach our kids the world is only a few thousand years old. If you want your kid to be stupid, do it in your own church school on your own dime. We won't interfere. Promise.

I'm not sure which is more troublesome -- the idea that some legislators actually think it's a good idea to take us back to 1950 or there is enough electoral clout by a collection of dim-bulb voters to put them in office to do so. Each time I see something about another blatant voter-suppression effort, my jaw clanks to the floor and my eyes bug out like I'm in a Tex Avery cartoon. It's not that I object so much to someone having to show a photo ID before voting (though I do, if they've voted before) -- it's that I have serious issues with curtailment of early voting, poll hours and even allegedly but laughably serious excuses to just blocking the otherwise qualified from casting a ballot.

Similarly, I've learned to avoid anything or anyone referred to (usually by themselves) as a "patriot." This simple word has somehow morphed into a euphemism for "someone who has no clue how poorly the Articles of Confederation worked on a national basis, so we had to come up with a Constitution to keep from flying apart like loose bolts in a blender." The confrontation in Nevada this past week is a good example. Seriously? This isn't 1888, cowpoke. We're a nation with rules and laws and fees and, yes, sometimes they do tread on you. Yes, I own a firearm and, yes, I've raised cattle on family land so don't give me this "heritage" horse hockey. Only the good sense of government agents, faced with a lot of guns Obama didn't take away, prevented things from getting out of hand. Who's the thug now?

We are, these days, being jerked this way and that by a noisy minority that is, thankfully, fading from our national control room. It is not going quietly, nor should we expect so. But I think the more we, as voters, can ignore the noise and demand the same from our elected leaders, the faster the exit process will be. It's the job of our representatives to make tough choices and explain it the best they can. Otherwise, our national decline will continue.

....but it's going to be a rough ride.

  |   April 15, 2014    1:04 PM ET

A 7-year-old girl was killed at a birthday party in South Carolina Saturday night after a 5-year-old boy accidentally fired a gun while looking for his own "gun"—a toy, authorities say.

Skin Color Is Not a Crime: Why Stop and Frisk Doesn't Work

Evan DeFilippis   |   April 14, 2014    4:41 PM ET

The Inconsistency of Our Outrage

The stop-and-frisk debate is instructive in that it spotlights the inconsistency in outrage that both conservatives and liberals display over the violation of constitutional rights. Many conservatives appear completely insensitive to the empirical reality that stop-and-frisk policies have led to fourth amendment violations against minorities time and time again. They argue that the benefits derived from such policies, in terms of crime and homicide reduction, is valuable enough to outweigh fourth amendment concerns.

In the same breath, however, many of these same conservatives appear scandalized by even the most basic and reasonable gun regulation, arguing that any second amendment violation goes too far, irrespective of the potential public health benefits. Curiously, they appear quite willing to empower the police state with stop-and-frisk policies, insisting that "training" and "discipline" is more than sufficient to inoculate the entire police force against bad judgment and racism, and then, with no apparent irony, turn around and argue that they need assault rifles at home because the police can't be trusted. The second amendment has become sacred, the fourth amendment optional.

Liberals often display a similar inconsistency. They are offended that conservatives can so callously dismiss the constitutional protections of minorities, ignoring data that might point to the empirical benefits of targeted policing, but are quite willing to dismiss second amendment violations if a public health benefit can be shown.

In both cases, the constitution functions as an ideological Rorschach test, you see what you want, and feign outrage when others don't see the same thing as you. If we truly care about human well being, we need to stop shouting "Constitution!" whenever it's convenient, and root our discussion in actual reasons other than "because the Founding Fathers said so."

Stop-and-Frisk Doesn't Work

Asking whether stop-and-frisk is effective is a little bit like asking whether or not kicking a door in is an effective way to get into a house. You may get through the door, but you could have just knocked. Similarly, framing the debate as a yes/no question of whether or not "stop-and-frisk is effective" obscures meaningful cost-benefit analysis by overemphasizing any potential benefit, while ignoring guaranteed costs experienced by minorities. Maybe there are ways to get crime down without kicking the doors in -- this is the question we must address.

We should start by clarifying that nobody really knows how effective stop-and-frisk policies are. It is essentially impossible to parse out the specific contributory effect of stop-and-frisk on crime rates, relative to other police procedures going on at the same time such as computational analysis of crime patterns, "hot spot" policing, and community engagement with citizens. On top of that, controlling for the large number of exogenous variables that have contributed to a significant decline in crime in other cities without the use of stop-and-frisk further makes an effective evaluation of stop-and-frisk essentially impossible.

As Jeffrey Fagan, Professor of Law at Columbia Law School, stated , "Anyone who says we know [what] is bringing the crime rate down is really making it up." A paper by Hebrew University's David Weisburd and George Mason's Cody Telep and Brian Lawton takes a similar position, "Unfortunately, we can only speculate on issues of police innovation and the crime decline in New York. New York City did not put an emphasis on evaluation of its policing strategies... the 'bad news' is that we will never know whether what happened in New York was a 'policing miracle.'"

Consider that, in the first quarter of 2013, there was a 50 percent drop in the number of stops in New York City, while remarkable declines in violent crime rates (almost 25 percent) were observed compared to the year before. Furthermore, two years prior to the implementation of stop-and-frisk there was already a 10 percent decline in violent crime. Though this doesn't say anything about the causal effect of stop-and-frisk, it does emphasize the reality of how many different variables are at play, and how difficult it is to extricate the effect of any one of these on the crime rates.

That being said, the most sophisticated analysis on NYPD's stop-and-frisk procedures finds that there is "no evidence that misdemeanor arrests reduced levels of homicide, robbery, or aggravated assaults." An unpublished study by Dennis Smith and Robert Purtell, found "statistically significant and negative effects of the lagged stop rates on rates of robbery, burglary, motor vehicle theft, and homicide and no significant effects on rates of assault, rape, or grand larceny." Further research by Professors Richard Rosenfeld and Robert Fornango found that there are "few significant effects of several SQF [stop, question,and frisk] measures on precinct robbery and burglary rates."

A new study investigated the question of what happens after an arrest resulting from stop-and-frisk occurs. There is a tendency to view arrest as the goal,but new research challenges this idea, pointing out that half of arrests from stop-and-frisk do not lead to a conviction. For those that do, very few are related to violent crime or yield prison sentences longer than thirty days. So not only are we potentially harassing innocent bystanders, when we do make an arrest, it turns out that half of them really are innocent, and the other half aren't the main drivers of crime.

So, it should be clear, at best there is a mild to insignificant effect of stop-and-frisk procedures on crime rates, and even this evaluation is dubious given the impossible task of identifying the specific effect of stop-and-frisk beyond other practices and general trends.

The Cost of Stop-And-Frisk

There is, however, considerable cost to stop-and-frisk procedures. A study conducted by researchers at Columbia University evaluating NYPD'S stop-and-frisk program found that, even after controlling for precinct variability and race-specific estimates of crime participation, persons of African and Hispanic descent were stopped many times more frequently than whites. Even though Blacks and Hispanics make up only 26 and 24 percent respectively of the New York City Population, they represent 51 and 33 percent of all stops. Even after controlling for race-specific crime estimates, Blacks were stopped 23 percent and Hispanics 39 percent more than whites.

The study also found evidence that stops of Blacks and Hispanics were less likely to lead to arrests than stops of White individuals, which suggests that the "reasonable suspicion" standard was relaxed when investigating Blacks and Hispanics. Consider that, between 2004 and 2012, in only 1.5 percent of stops in New York City and 1.1 percent of stops in Philadelphia was a weapon actually found following a frisk. Given that the Supreme Court requires that a suspect be "armed and dangerous" prior to a frisk occurring, one wonders why police are wrong almost all the time. It is clear, then, that whatever arbitrary standard is being used by police departments to determine reasonable suspicion is entirely too permissive in that it is not predictive in any way of actual criminal activity. That reasonable suspicion is informed by social cues and stereotyping, rather than actual suspicious activity, should be more than enough to cast doubt on the efficacy of such policies.

Ironically, police defend the low arrest rate of stop-and-frisk as proof of the deterrence value of such policies. Ostensibly, criminals are now weary about carrying contraband and weapons on their persons for fear of being stopped by the police. One wonders, then, how police establish "reasonable suspicion" so often with Blacks and Hispanics who are apparently no longer acting suspiciously.

All of this, of course, matters greatly for utilitarian calculus. The perceived fairness of police procedures matters greatly for any sober cost-benefit analysis of stop-and-frisk policies. Several findings have shown that citizens who believe that police act legitimately are less likely to act disrespectfully, engage in resistance-behaviors, or have a violent reaction to arrest. A recent study found that police practices such as New York's stop-and-frisk policy inadvertently contribute to higher rates of delinquency by decreasing the legitimacy of police in the eyes of those targeted. For racial and ethnic minorities who experience disproportionate police contact, there is greater reported commitment to deviant peers, less anticipated guilt in future crimes, and higher delinquency frequency.

Another study cautions against a myopic focus on the benefits (instead of the costs) of stop-and-frisk policies: "Given the possible negative impacts of SQF policing, both on citizens who live in such areas...we suspect especially in the long run that this approach will lead to unintended negative consequences...any gains from aggressive police efforts in the short term could lead to long-term increases in offending."

Despite this fact, Paul Larkin in a recent Atlantic piece writes that "reasonable suspicion does not require an officer to be right, or even to be more likely right than wrong, so we should not be surprised if the police often err." However, reasonable suspicion does require, I don't know, reasonable suspicion, prior to a stop. The Supreme Court ruled that a description of race and gender alone "will rarely provide reasonable suspicion justifying a police search and seizure." So, under what definition is it "reasonable" to stop someone when doing so almost never leads to a seizure or arrest? Would it be reasonable to stop someone carrying a 7-11 Big Gulp if doing so leads to an arrest one percent of the time? The point is this: Skin color is not a crime, yet if Larkin and other conservatives are to be sanguine about making it one, we should be unreasonably confident that doing so is making everyone safer. There is simply no evidence to suggest this is the case.

The Alternatives to Stop-And-Frisk

Are there ways to get into a house without kicking down the door? As it turns out, yes. We should start with the door knob.

After being accused by the Department of Justice (DOJ) of engaging in numerous false arrests, excessive force, and unreasonable search and seizures, the Los Angeles Police Department (LAPD) agreed to enter into a consent decree that focused on nine major areas of improvement including supervisory measures to promote Civil Rights Integrity. Since the implementation of this system, recorded crime is down in every police division in the city. 83 percent of residents now say that the LAPD is doing a good or excellent job, and the frequency of serious force has fallen each year since 2004. There is also substantial evidence that the quality and quantity of enforcement activity has improved, evidenced in the doubling of pedestrian and motor vehicle stops since 2002, and a rise in arrests occurring over the same period. Furthermore, more than two-thirds of Black and Hispanic residents also report that the LAPD is doing a good or excellent job.

Another popular approach is called "focused deterrence," which is more-or-less the opposite of stop-and-frisk. This approach operates from the standpoint that there is a small proportion of young men responsible for the majority of violent crime, and it seeks to target these individuals for criminal prosecution. This approach was responsible for Boston's decline in its homicide rate in the 1990s, and was successfully adapted to challenge violent crime in High Point, North Carolina. This policy has the added benefit of bolstering community-police relations because it avoids harassing innocent bystanders, and places emphasis on actual criminals.

An advocate of stop-and-frisk, Paul Larkin writes that, "If the stop-question-and-frisk technique is effective, then the surest way to discriminate against African Americans is to abandon the use of that approach in drug-infested black-majority neighborhoods. Why? Because 99-plus percent of the residents of those neighborhoods are not involved in drug trafficking. Denying them the benefit of a worthwhile law-enforcement technique would only worsen their plight."

There could not be a more clear demonstration of Larkin's preoccupation with the benefits of stop-and-frisk, with zero consideration of the cost. We can see from the recent mayoral election and widespread criticism of stop-and-frisk policies that many African Americans believe that these procedures are racist and humiliating. Instead of pretending that humiliation is the cost of security, we owe it to vulnerable populations among high-crime communities to find law enforcement practices that preserve dignity and security. Thankfully, these alternatives exist. There doesn't have to be a trade-off between effectiveness and justice, nor are citizens asking for there to be one. We should have both, and we can have both.

Chris Gentilviso   |   April 10, 2014   10:21 AM ET

A man accidentally shot himself at an NRA event on Tuesday, the (Easton, Pa.) Express-Times reported.

According to the paper, Bethlehem, Pa. police said the injury was non-life threatening, and the man was taken to a local hospital for treatment. His name was not released, police added.

The Express-Times noted that the program was held at the Lower Saucon Township gun range. In addition to being put on by the NRA, the Bethlehem Police Department also helped host the event, according to the paper.

The accident arrives about a month after National Rifle Association CEO Wayne LaPierre spoke at CPAC 2014, warning that the only way to fight back against infringements on gun rights was to join or donate to the NRA. He vowed that the organization would "not go quietly into the night" on the issue.

"There is no greater freedom than to survive and protect our families with all the rifles, shotguns and handguns we want," he said.

World's Strictest Airport Security? Forget Tel Aviv. Think Kashmir.

Peter Mandel   |   April 8, 2014    4:50 PM ET

The soldier and airport security guy are pointing, pointing. What do they want? Not my camera. Not my car clicker.

It's my pen. A Paper Mate soft grip. See-through plastic, flattened cap. Also -- I have no clue why -- my wallet. They ignore the I.D. and get to work on trying to strip out the little pockets that hold cards.

"Hey," I say. This brings instant reinforcements. Sullen faces. Khaki turbans. Guns under armpits, nightsticks stuck to hips.

My plane is loading but I'm taken out of line. I have a Wallet Thought: do these guys need a bribe?


It is April, a few years back. I am in Srinagar, in northern India. According to the signs this minor airfield is more scrupulous than Baghdad's. More tough than Tel Aviv. The "World's Strictest Airport Security" is at work.

I believe this boast. I only wish I could learn from the drill. Like almost anyone who flies these days, I'm easy. I'll do what I'm told if it will make planes safer. But being in Srinagar makes me realize: my obedience has limits. I want -- just a little -- to understand.

I've been frisked now four times but no one's glanced at my passport. As far as I can see, Osama Bin Laden himself would be welcome to board (though not his wallet or pen).

I'm one of a smattering of foreign tourists caught up in separatist shootings and grenade blasts in this city of Himalayan views. Srinagar is in the region of Kashmir -- nowadays split between India and Pakistan.

Militants are striving for statehood. I'm anxious to leave them, along with the sullen Indian soldiers and their security safeguards.

When I've walked on Srinagar streets, I've had to watch my step. Shoe-shine guys have bombed my Eddie Bauer boots, spilling mud and polishing it off for a fee. A man in large pajamas has enjoyed himself by trailing me around and trying to tear my sleeve.

The morning of my final day, I see a monkey on a wall. He's shaking a furry, clenched-up fist. I take this as a sign. I get the message. So long as I can get on a flight, I'm gone.

My suitcase is radioactive thanks to epic X-rays. At a checkpoint on the airport road. At the gate to the airport itself. Entering the terminal building. And, yet again, at check-in.

To top this off, I am informed that before any baggage makes it onto a plane, passengers must "identify" it out on the tarmac. You need a final stamp on your ticket stub and on a special tag.

The gate agent snatches my much smaller carry-on pack as soon as I arrive. She puts it on her scale. I snatch it back. It has a ring for my wife inside and I've heard stories about things being stolen, about bags that never arrive.

I lose the tug of war. "You are a man," she says. "It is forbidden for a man to bring any bag on the plane." This is when I first protest. It is when I have to give up my wallet and my pen.

What does any of this mean? I think. I imagine some militant in a field not far from the airport ready with his rifle or missile. I see a woman with her permitted carry-on: I envision it stuffed with explosives.

I hear an announcement: my "Jet Airways" flight to Delhi is closing.

I pull out two crumpled 500 Rupee notes (roughly 20 bucks). I watch the paper portrait of Gandhi as it passes from my hand to theirs.

It may be folds along his forehead, but I'm sure that Gandhi is unhappy. Angry at uniforms. Or frowning at what I have done.

There is a conference between caps and turbans. My cash is gone, but instead of heading to the gate, I'm marched to the side. Out through a service entrance where there is no one around.

I am thinking of trying to yell or make a run for it. One of the soldiers grips me by the arm and hauls me behind a pile of suitcases.

This may be it. I'm made to bend down.

"Now," says the soldier.

I get my pen back and my wallet. I am told to root around and find my smaller pack. What's this? I am allowed to bring it with me.

I have made it through the World's Strictest Airport Security. I get the final stamp on my ticket and let out a sigh of relief.

I understand now that security like this has meaning, has its cost. It's about the price of a Chicken Tikka dinner with dessert, a pot of tea and maybe some Indian wine.

I say a silent apology to Gandhi. I am out of Rupee portraits.

But I am going aboard.

* * *
Peter Mandel is the author of the read-aloud bestseller Jackhammer Sam (Macmillan/Roaring Brook) and other books for kids, including Zoo Ah-Choooo (Holiday House) and Bun, Onion, Burger (Simon & Schuster).

  |   April 6, 2014    3:13 AM ET

By David Rosenberg

In early 2013, on a five-day assignment for the German magazine Stern, photographer Charles Ommanney traveled around the United States photographing Americans with their guns. Ommanney has built a career working as a political and documentary photographer and felt a responsibility to make a story that wasn’t just another “predictable NRA-bashing” type of series. He wanted to see “real” people to find out why they wanted to have guns in their homes. He also decided to shoot the project in a more engaged manner with his subjects instead of simply being a fly on the wall.

gun

Ommanney said the project took him to six states in the Southern and Western United States, where he met people who owned guns for protection, as preparation for when things go “horribly wrong,” or simply because they like the beauty of weaponry. Instead of photographing the gun owners at a firing range or at a National Rifle Association conference, Ommanney wanted to capture them in their homes to create a sense of “normalcy.”

The British-born Ommanney was surprised by the ease at which the gun owners in America felt comfortable being photographed for this project. “I can’t imagine going around England and knocking on someone’s door and saying ‘I’d like to photograph you with your shotgun,’ ” Ommanney said. “They would look at me like I was a lunatic. But for these people, there was nothing in any shape or form abnormal about me wanting to do this; [their guns were] a perfectly normal extension of their lives.”

Ommanney’s favorite photos exhibit this idea of normalcy, including one of Loigrand De Angelis, who posed for Ommanney with his young son. “At first glance it’s just a dad with a baby in a Baby Bjorn on his chest, and then you take a second look and you see he’s strapped up with a 9mm just inches away from his baby—he never takes that thing off,” Ommanney said.

Another image, of teenager Elizabeth Lamont with her gun at home in Virginia, was remarkable for Ommanney because it contrasts Lamont’s innocence juxtaposed with a deadly weapon. Ommanney was struck by Lamont’s all-American looks and bedroom décor, as well as by her admitting doubt about whether she could actually fire a weapon at another person if she needed to. “That a 17-year-old girl could even be thinking about that is so foreign to me,” Ommaney said.

From an elderly woman who kept a gun because her mother had been murdered to a family with two young girls who were well-versed at stripping down an M16 assault rifle, Ommanney’s series is a striking cross-section of gun ownership in America.

See more photos on Slate.

PAUL ELIAS   |   April 5, 2014   12:57 PM ET

The San Diego County sheriff denied Edward Peruta a permit to carry a concealed weapon. Christopher Haga's gun collection was seized, and he was charged with crimes after he was mistakenly linked to a theft of assault weapons from a Fresno-area military base.

The National Rifle Association then lent legal assistance to both men as part of its aggressive legal and political campaign to blunt gun controls across the nation.

Emboldened by a seminal U.S. Supreme Court ruling in 2008 that upstanding Americans have the fundamental right to keep guns in their homes, the NRA has involved itself in hundreds of legal cases, many in California.

That case "unleashed a torrent of litigation," said University of California, Los Angeles Law School professor Adam Winkler, a Second Amendment expert.

Much of it is either started by the NRA or supported by the organization, which offers financial assistance and legal help to people embroiled in lawsuits and legal trouble because they own guns.

Winkler said the latest legal battle over the Second Amendment centers on expanding the right to carry guns outside the home, which is why the NRA is representing Peruta and several other gun owners who are challenging restrictions blocking permission to carry concealed firearms in public.

Peruta filed a lawsuit in 2009 after the San Diego County sheriff rejected his application for a concealed-weapons permit because Peruta failed to show he had a "good cause" to carry a gun outside his home. Peruta owns a motocross track in Connecticut, but he and his wife spend many months each year in San Diego living in their recreational vehicle.

Peruta said he wanted permission to carry a gun weapon for protection, but the sheriff and California law said he needed a better reason, such as that his occupation exposes him to robbery.

"I'm not a hunter. I'm not a collector or a target shooter," Peruta said. "I'm not a gun crazy. But I do want to protect myself."

After a federal judge refused to toss out the lawsuit in 2010, the NRA took over the case for Peruta. "The NRA is the 800-pound gorilla in this fight," he said.

In February, the U.S. 9th Circuit Court of Appeals, citing the Supreme Court's 2008 ruling, struck down California's "good cause" requirement, ruling that self-defense was a good enough reason to issue a concealed-weapons permit.

The California attorney general and the Brady Campaign to Prevent Gun Violence are seeking to overturn that decision after San Diego County Sheriff William Gore said he would abide by the court decision.

"The issue is important: As a result of the decision, residents and visitors will be subjected to the increased risk posed by the carrying of loaded, hidden handguns on the streets of San Diego County by persons with no good cause to do so," a lawyer for the Brady organization wrote in a court filing seeking permission to formally oppose Peruta and the NRA in an appeal.

The 2012 shooting at Sandy Hook Elementary School in Connecticut --where a gunman used an assault rifle to kill 20 children and six others-- led some cities and states to enact laws banning high-capacity magazines, and the NRA countered with lawsuits.

So far, federal judges across the country have unanimously rejected the NRA's legal challenges to these bans. Federal judges in recent weeks have upheld bans enacted by San Francisco and Sunnyvale, a Silicon Valley suburb about 40 miles to the south.

"California has always been sort of one of the front-line states," said Chuck Michel, a Long Beach lawyer who represents the NRA in many of its California-based cases. Michel said the NRA and other Second Amendment advocates have filed "a whole slew of lawsuits" using the 2008 high court ruling to challenge gun-control laws enacted after Sandy Hook.

NRA spokesman Andrew Arulanandam said the group has always involved itself in furthering gun rights in court, but that legal challenges have increased since 2008.

NRA has been involved in "hundreds of cases" and spends "tens of millions" of dollars out of its $300 million annual budget on legal issues, Arulanandam said.

Among the cases is a lawsuit to repeal a Connecticut law that went into effect Monday, requiring a state license to buy rifles. Another is a challenge to New Jersey's concealed-weapons law, which is similar to California's.

Earlier this year, the U.S. Supreme Court refused to hear two NRA-backed cases. One sought to overturn a federal law barring licensed gun dealers from selling handguns to anyone under 21; the other was a Texas law barring people under 21 from carrying concealed weapons.

The NRA employs about two dozen in-house lawyers and hires many more outside lawyers -- including former U.S. Solicitor General Paul Clement -- to do battle in courtrooms across the country. It not only takes on weighty constitutional issues seeking to broaden the reach of the Second Amendment but also helps people who find themselves in trouble with the law because they own guns.

The NRA provided financial assistance and legal counsel to Christopher Haga, a gun collector who owns an auto shop in the Central Valley town of Parlier.

In 2011, Haga allowed federal firearms agents to search his house after they were tipped he had some of the 26 AK-74 assault rifles recently stolen from Fort Irwin, Calif. Haga's lawyer Mark Coleman said his client had no connection to the theft and consented to the search after agents assured him they only were interested in stolen guns. After finding none, the investigators left -- but they told Fresno police Haga had types of assault rifles prohibited by California law.

Following that tip, Fresno police searched Haga's home and business and seized his gun collection. He was later charged with 35 felony gun counts.

With legal support and money from the NRA, Coleman challenged the legality of the guns search, and a judge sided with him. The district attorney dropped all charges late last year and returned Haga's guns. Haga agreed to remove two of his AK-74s and a submachine gun from California.

The case was more about search-and-seizure laws than expanding gun rights, Coleman said. "But the NRA's help was still valuable," he said.

Mental Illness and Guns Aren't the Enemy: Ignorance Is

Paul Heroux   |   April 3, 2014    5:46 PM ET

America is saddened by the tragic shooting a Fort Hood on April 2, 2014. The loss of life of anyone is difficult but there is an added level of tragedy when it hits our service members in what should be a safe zone. We can never know what the families of the victims must feel. The family of the shooter is undoubtedly grieving, too.

The focus of many of the news and media stories surrounding this shooting has been to highlight that the shooter, identified as Ivan Lopez by Texas Rep. Michael McCaul, chairman of the House Homeland Security Committee, has been said to have had struggles with mental illness. An Iraq War veteran, it is reported that Lopez sought mental health treatment. It is also reported that Lopez saw no combat. It may never be known what role mental illness did or didn't play in this shooting, but it is important to remember that mental disorders are neither necessary, nor sufficient causes of violence.

This salient aspect of Lopez -- his mental health status -- is often looked at first as a reason for why someone goes on a shooting rampage. While this may be a factor, it is important to keep in mind that:

  • Most people living with a mental illness are no more likely to be violent than the general population.

  • People living with mental illness are more likely to be victims of violence than to be violent themselves

  • People living with mental illness may become violent because of the way they are improperly treated; it may be a reaction. Other times, a medication may be responsible for a difference in rates of violence in people with mental illness.

Mental illness has been a reason for the NRA to say that gun control should not be the focus after a high profile shooting. I agree with the NRA that top down gun policy isn't effective, but I disagree with the notion that people with mental illness should be treated differently, be it if we are talking about employment, rights or access to guns. The issue with access to guns should not be if the person has a mental illness or not. The issue should be if the person is a danger to oneself and/or a danger to others. That should be the focus. Not if the person has a mental illness.

On the one hand, the several high profile shootings have brought attention to the importance of mental health, I am not sure if these shootings have done so in an effective way. What we should have is compassion and understanding associated with mental illness, not fear.

The issue at Fort Hood may be one of a base policy with respect to access to guns on the base. It may be an issue of the politics of the shooter. It may be one of premeditation and criminal intent or revenge. It may also be one of mental illness. It could be any number of these or other issues in conjunction with one another that are responsible for this recent tragedy.

It is unfortunate that high profile shootings are misinforming -- intentionally or unintentionally -- the public about the relationship between violence and mental illness.

The point of this article is to remind people to keep things in perspective. The incidence of violence among people living with mental illness is extremely low. We should be focused on our misinformation, misconceptions and misunderstanding of mental illness more than we are about the odds of people living with mental illness hurting someone.

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Paul Heroux is a state representative from Massachusetts on the Joint Committee on Mental Health & Substance Abuse. Paul has a bachelor's in psychology and neuroscience from USC, a master's in criminology from the University of Pennsylvania, and a master's in public administration from Harvard. Paul can be reached at paulheroux.mpa@gmail.com.

Need help? In the U.S., call 1-800-273-8255 for the National Suicide Prevention Lifeline.

For more on mental health, click here.

For more by Paul Heroux, click here.