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Samantha Lachman   |   March 20, 2015   11:42 AM ET

West Virginia Gov. Earl Ray Tomblin (D) vetoed a bill Friday that would have eliminated the permit requirement for concealed carry, citing the concerns of law enforcement officers.

The bill was passed out of the Republican-controlled state legislature, and would have ended a state law requiring anyone over the age of 21 to have a permit and undergo safety training to legally carry a gun that's not visible. Gun rights supporters say the requirements are costly, time-restrictive and infringe on Second Amendment rights.

"Throughout my career, I have strongly supported the Second Amendment, as demonstrated by my repeated endorsements and high grades from the National Rifle Association," Tomblin wrote in a statement. "However, I must also be responsive to the apprehension of law enforcement officers from across the state, who have concerns about the bill as it relates to the safety of their fellow officers. It also would eliminate the required gun safety training courses for those applying for a concealed carry permit. In light of these concerns and in the interest of public safety for all West Virginians, I have vetoed Senate Bill 347."

Guns can still be carried openly without a permit in West Virginia. Just a handful of states -- Alaska, Arizona, Arkansas, Vermont and rural parts of Wyoming -- do not require a permit to carry a concealed gun. The West Virginia Sheriffs' Association had come out against the bill, saying it would allow dangerous people to carry concealed weapons and would take away permit money that funds local law enforcement.

Senate Majority Leader Mitch Carmichael (R) denied that there were safety concerns associated with the bill, according to WBOY.

"There has been an overwhelming outcry from across the state about this bill," he said. "We already have an open carry law in West Virginia, I'm not surprised. I believe this is an educational process and will work itself out."

Everytown for Gun Safety, a coalition of gun control groups, celebrated Tomblin's veto in a statement Friday, saying that "common sense" won in West Virginia. A state poll Everytown conducted earlier this month found that 83 percent of West Virginia's likely voters favored a permit requirement for concealed carry.

"After years of operating in state legislatures unchecked, the NRA's agenda of putting gun lobby interests above the safety of our communities is now being defeated in state after state, and today, here in West Virginia," said Dee Price, a volunteer with the West Virginia chapter of Moms Demand Action for Gun Sense in America. "It's just common sense that if a person wants to carry a loaded, hidden handgun in public, they need to demonstrate they have a clean recent violent criminal record and have been trained to handle and carry a gun safely."

The NRA did not immediately respond to a request for comment from The Huffington Post. Tomblin was endorsed by the NRA during his 2011 special election gubernatorial campaign.

This Is Where Likely 2016 Voters Draw The Line On Gun Rights

Samantha Lachman   |   March 18, 2015   11:55 AM ET

WASHINGTON -- A vast majority of likely 2016 voters oppose legislation that would allow gun owners to carry their concealed weapons without a permit, according to a new national poll released Wednesday.

The poll, shared first with The Huffington Post and conducted on behalf of Everytown for Gun Safety, a coalition of gun control groups, was done to assess public attitudes toward carrying concealed weapons. The issue is a timely one, as three state legislatures -- in West Virginia, Kansas and Montana -- are considering rolling back some of their permit requirements.

Everytown found that 88 percent of likely 2016 voters oppose concealed carry without a permit, and 57 percent of voters said they would be less likely to support a candidate who voted to allow concealed carry without a permit.

The poll did find that a majority of voters support allowing concealed carry in public, with the strongest support among Republicans, conservatives and rural voters. While the issue of concealed carry did produce some cleavages -- 62 percent of white voters support it, while majorities of African-American and Latino voters do not -- what wasn't controversial was the concept that one must obtain a permit to carry. Even 80 percent of Republicans and 80 percent of gun owners opposed concealed carry without a permit.

Everytown Chief Strategy Officer Brina Milikowsky told HuffPost that the group's polling results made it "overwhelmingly clear" that Americans "strongly oppose" concealed carry without any training, which often is a part of the permit process.

"The NRA is pushing bills in states across the country that would dismantle the permitting process that serves as a public safety measure to keep guns out of dangerous hands -- and it's imperative that political leaders in Kansas, Montana and West Virginia -- states where bills are moving forward -- listen to their constituents and not the gun lobby," she said in a statement.

Milikowsky added that the poll's results demonstrate "that the dynamics on gun politics are changing and that Americans will hold their leaders accountable for voting the right way to keep our families and communities safe from gun violence."

State-based polling conducted by Everytown has echoed the national results. In West Virginia, Gov. Earl Ray Tomblin (D) must decide whether to sign legislation sent to his desk allowing anyone over the age of 21 to carry a concealed weapon without a permit. A poll Everytown did there found that 83 percent of likely voters in West Virginia, and 81 percent of gun owners, favor a permit requirement.

In Kansas, where a bill ending the state permit requirement has already been passed by the state Senate and is being considered by the House, Everytown found that 78 percent of Kansans support a concealed carry permit requirement. If the state House passes the legislation, which it seems likely to do, the bill would head to Republican Gov. Sam Brownback's desk.

And in Montana, 83 percent support a permit requirement. A bill passed by the Montana state House would dismantle the state's current concealed carry permitting system, which requires those living in cities to have a permit (those in rural areas are not required to have one). Democratic Gov. Steve Bullock has vetoed similar legislation in the past.

Permit-less concealed carry, which gun rights supporters refer to as "constitutional carry," is legal in Vermont, Arizona, Alaska and Wyoming. Gun rights supporters say people who meet the requirements to own a gun shouldn't have to obtain permission from their state government to carry it concealed. A 2012 Christian Science Monitor poll found that 91 percent of Americans believe a license should be required to carry a concealed gun.

The National Rifle Association declined to comment on the Everytown poll ahead of its release.

The poll, conducted by Strategies 360, surveyed 1,508 likely 2016 voters nationwide for a week in late February, and has a margin of error of 2.5 percent.

Samantha Lachman   |   March 17, 2015    3:54 PM ET

The Texas state Senate gave preliminary approval Monday to legislation that would allow licensed handgun owners to visibly bear their firearms, in a move that would repeal a 140-year-old open carry ban.

The Republican-controlled chamber approved the bill along party lines, and a final vote on the measure is expected Tuesday. The measure is likely to become law, since the state House of Representatives is also controlled by Republicans and Texas Gov. Greg Abbott (R) has said he would sign such legislation if it reached his desk. Currently, Texas is one of just six states -- along with California, Florida, New York, Illinois and South Carolina -- to prohibit the open carry of handguns.

If the bill succeeds, the more than 800,000 Texans who have a concealed handgun license would be able to exhibit their guns in a shoulder or waist holster. The bill allows business owners to ban weapons from their premises and does not allow open carry on college campuses.

Gun rights advocates say open carry laws are an important component of self-defense and that the law would align Texas with most of the rest of the nation. Opponents of the measure, on the other hand, say openly carrying guns intimidates people in public places.

The developments in the Texas Senate come as multiple other GOP-controlled state legislative chambers across the country are pushing to expand gun rights.

In West Virginia, where Republicans control both chambers of the state legislature, Gov. Earl Ray Tomblin (D) will have to decide whether to sign recently passed legislation that would allow anyone anyone over the age of 21 to carry a concealed gun without obtaining a permit or taking any safety courses.

A poll conducted by one Republican and one Democratic polling firm on behalf of Everytown for Gun Safety, a pro-gun control group, found that a significant majority of West Virginians oppose repealing the permit requirement for concealed carry, including majorities of Republicans and of gun owners.

Similar legislation has advanced in a number of other state legislatures in the past week. In Arkansas, a bill that would allow licensed public college and university staff to carry a concealed weapon on campus passed the state House of Representatives. The Arizona House of Representatives passed a bill that would let those with concealed carry permits take their weapons into public buildings. The Iowa House advanced a package of bills that would allow children under the age of 14 to have handguns with adult supervision, allow anyone with a permit to carry a weapon on school grounds and eliminate public access to the names of those who hold carry permits. And in Colorado, the GOP-controlled state Senate repealed a ban on high-capacity ammunition magazines on Monday, although the legislation is unlikely to succeed in the Democratic-controlled state House.

Republicans have also supported legislation in at least 14 states to allow guns on college campuses, with gun rights advocates arguing that potential sexual assailants would be deterred by the presence of guns.

Shannon Watts, the founder of Moms Demand Action For Gun Sense In America, which is part of Everytown For Gun Safety, said that the push to allow open carry in Texas and eliminate the requirement in West Virginia together reflected a desire "to put more guns in more places."

"Make no mistake: Whether it's guns on campus, lowering or eliminating permitting requirements for concealed carry, or pushing for open carry of handguns, it's just an attempt by the gun lobby, and the lawmakers who carry out their wishes, to put more guns in more places, no questions asked," Watts told The Huffington Post. "For decades, the gun lobby has pushed in state legislatures for laws that profit gun manufacturers, but now Moms Demand Action is pushing back in all 50 states, so that these attempts no longer go unchecked."

So Why Are More Americans Turning Away From Guns?

John A. Tures   |   March 13, 2015   12:51 PM ET

We've all seen dozens of articles touting a spike in gun sales and a surge in membership in gun groups like the National Rifle Association. But the number of gun owners and gun households in the United States is dropping. Could the tactics of gun groups and certain individuals be to blame?

Back in 1974, the number of gun owners was nearly 50 percent in America. It's not surprising, given America's crime levels and social unrest. But back then, the NRA was also a group that stood for gun safety and responsible gun ownership.

Nowadays, that number households with a gun has dipped under one-third of Americans, according to the Associated Press. Only 22 percent of individuals claim to own a firearm (down from 31 percent in the mid-1980s), according to the General Social Survey, conducted by the right-leaning University of Chicago. And that's even with all of the events folks claim are driving gun sales, like Hurricane Katrina, the Great Recession of 2008 and social unrest in Ferguson, Mo. Thanks to gun groups, it's even easier to get a firearm today, which means more people should be packing heat.

So why are more Americans saying no to gun ownership?

Sure, some get a weapon for personal protection, but with huge drops in the crime rate from the 1990s through today, it's a little easier to feel secure. The same factors that drove Robert Putnam to find a decline in bowling leagues may also spur a drop in hunting groups, as the assault on anything that smacks of "community" is in full swing.

But being a gun owner means something different from those heady days of 1974. The public face of the gun owner is the person going into a Chipotle restaurant, brandishing an AK-47 to "protect" the patrons. It's someone bringing a gun to an opponent's political rally, to intimidate the other side, or into a lawmaker's office with veiled threats.

It's that lone neighborhood watch person with a violent history who disregards the police dispatcher to take the law into his own hands. It's the mom with a cache of weapons whose son loves acting out dark fantasies while playing violent video games. It's the family whose kid accidentally discharges the weapon in a WalMart, with tragic results.

And lots of people are saying "that's not me."

The conservative site Newsmax reported that a poll in late February found only 32 percent of Texans liked these open carry laws, "while the remainder, 68 percent, would either prefer no legal handguns in public or to keep the current laws allowing licensed carry of concealed handguns." Only 10 percent supported people toting unlicensed firearms in public. In a state often regarded as the most pro-gun in the USA, those results are pretty jarring.

Oh don't get me wrong. I'm sure gun sales might still be up, as a few folks assemble their own private arsenal in case of disaster. But the trends don't look too good for those who want to build a sizable coalition of voters for future legislative battles over guns. Maybe the old tactics of the NRA emphasizing responsible gun ownership and professionalism were better than the "in your face" style today.

John A. Tures is a professor of political science at LaGrange College in LaGrange, Ga. He can be reached at

Sebastian Murdock   |   March 13, 2015   12:25 PM ET

Somewhere in the United States, a bald eagle is shedding a single tear, overcome by the blessed beauty of this great nation.

It's because of American patriots like Dustin Ellermann that we remain the greatest country in the world. Wrapping uncooked bacon around the barrel of a gun, then firing that gun until the bacon cracks and sizzles is the kind of innovation that you just can't find anywhere else in the world.

This is what freedom is all about: Guns, bacon, and inevitable diabetes. We're getting emotional just thinking about it.

H/T Reddit

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Pro-Gun Senator Opposes NRA-Backed Bill On Concealed Guns

Jennifer Bendery   |   March 12, 2015    6:28 PM ET

WASHINGTON -- Sen. Joe Manchin (D-W.Va.) is a self-described "law-abiding gun owner, hunter, card-carrying life member of the National Rifle Association and Second Amendment advocate."

But on Thursday, he said he "strongly" opposes an NRA-backed bill in West Virginia that would nix permit and training requirements for people carrying concealed guns.

"I have always supported a West Virginian's right to bear arms," Manchin said in a statement. "Senate Bill 347 would allow a person to carry a concealed gun without a permit or requirement of safety training and that is irresponsible and dangerous to the people of West Virginia."

The bill passed the state House earlier Thursday, and the state Senate on Wednesday. Still, Manchin said it was a bad idea.

"There is not one West Virginian whose Second Amendment rights will be infringed without this bill," Manchin said. "In West Virginia, we believe in gun sense, which is common sense, and it only makes common sense for concealed carry applicants to receive proper training. I commend the brave legislators who voted no and represented their constituents who know that this is irresponsible.

An NRA spokesman did not respond to a request for comment.

Manchin clashed with the NRA in 2013, when he took the lead on federal legislation to strengthen background checks on gun sales in the wake of the December 2012 shooting spree at Sandy Hook Elementary School in Newtown, Connecticut. The NRA opposed the measure and included the vote on its scorecard ranking lawmakers on support for gun rights. Manchin has said the NRA's move was the main reason his bill failed.

He kept his NRA lifetime membership anyway.

The NRA Wins Again on Armor-piercing Bullets, But Common Sense Was Already Lost

Mike Weisser   |   March 11, 2015    8:54 AM ET

A week before the ATF was going to stop receiving public comments about its proposal to ban so-called 'armor-piercing' ammo the agency shut down the whole process, announced they were going back to the drawing board and, at some later date not specified, would revisit the whole issue again. The ATF received more than 80,000 emails and if you think some of them came from the International Bible Holiness Movement or another of the frontline anti-gun violence groups, think again.

And if you don't believe the NRA isn't celebrating, you're wrong on that one, too. They immediately posted victory statements from Wayne and Chris, sent news releases out to ever-welcoming Fox which featured their next President, Rand Paul, speaking out against the ATF, and of course went out of their way to label the ATF decision as a "defeat" of their arch-enemy and all-time best gun salesman, a.k.a. Barack.

Any time the gunnies can push back the U.S. Government on a gun issue, they'll celebrate their victory as yet another step towards enshrining the 2nd Amendment as the unquestioned law of the land. By the same token, the gun-sense folks will bemoan yet another defeat at the hands of a seemingly all-powerful NRA and try to figure out how to keep this embarrassing loss from happening again.

I happen to think that both sides are barking up the wrong tree. Whether they know it or not, the ATF's decision to shelve its new armor-piercing guideline is actually a victory for all of us who want laws to be reasonable, responsible and fashioned to reflect both reality plus a dose of good old common sense. The Law Enforcement Officers Protection Act which created the whole issue of armor-piercing ammunition in the first place was a careless and thoughtless example of legislative stupidity that should never have been proposed, never passed and never signed into law. If the ATF's determination to step back from enforcing this statute turns it into a dead letter, nobody who's committed to government as a force to secure the common good should be at all upset.

The bill was originally introduced by Congressmen Jack Brooks of Texas and Mario Biaggi of New York. There were actually two separate pieces of legislation, the Brooks bill being somewhat less restrictive than Biaggi's measure, but they would ultimately be combined into one law that would eventually get through Congress and go to President Bush's desk in 1986. The bill had support from most of the national police associations and while the NRA cautioned against passage, the gun-rights group kept most of its powder dry for another day.

The law was passed by voice vote in both chambers so that none of our elected representatives had to go on record for supporting or opposing the measure, a cute compromise which also made it easy for the NRA to pretend it opposed the law even though some of the organization's most staunch supporters, such as Brooks, could appear to be pro-gun while actually voting for the bill. If you think that a non-recorded vote creates a little stench, you'll really have to hold your nose if you read the testimony about the issue that was given before the House Judiciary Committee in May, 1985.

It turns out that nobody knew how to define 'armor-piercing' ammunition and no serious testing was conducted to determine which types of ammunition should be covered by the law. Unable to define the what, why and how of ammunition that might penetrate a vest, the Committee relied on testimony from ex-cops like Mario Biaggi who wanted to outlaw all kinds of ammunition shot from handguns because people didn't normally use rifles to attack the police.

The serious testing and research that Congress should have demanded was never carried out and now all we have is a law that creates a good stink. The NRA should hardly be claiming a big victory nor should the other side be wallowing in defeat. We all lost on this one back in 1986.

The Guy With the Guns Is Afraid?

Daniel Gross   |   March 7, 2015    1:08 PM ET

The guy with the guns is afraid?

National Rifle Association President James W. Porter II devotes a recent column in the NRA's flagship publication to calling out me and every supporter of the Brady Campaign for leading a national conversation on the extraordinary danger to children of unsafe access to guns in the home.

The NRA president falsely claims that Brady leaders and supporters "are flat-out saying that they want to take your guns and your neighbor's guns." And he hits the panic button over our focus on parents' responsibility to realize the real dangers of guns in the home and to take appropriate steps to keep our kids and families safe.

It is ironic that the guy with the guns is spreading fear over a conversation about child safety. But we won't be shouted down by the corporate gun lobby. We'll do whatever it takes to protect our kids.

Unsafe access to guns in the home is a leading cause of deaths among U.S. children and teens, according to The Truth About Kids & Guns: 2015, a new report from the Brady Center to Prevent Gun Violence. The basis for this strong statement lies in statistics available to the public from the Centers for Disease Control and Prevention.

The most recent data, from 2013, shows that firearm-related injuries are the second most common cause of death for children and teens ages 1-19. Only motor vehicles were responsible for more deaths among this age group. In 2013, suicide by firearm increased among American adolescents for the third consecutive year. In 2013, suicide by firearm reached a 12-year peak, claiming 876 lives among adolescents ages 10 to 19 - the highest level since 2001.

Research shows that most of these youth suicides (82 percent) occur with a gun belonging to a family member, usually a parent. The same trend holds true with unintentional shootings and even school shootings. In most school shooting cases (67 percent), the gun comes from the home of the shooter or a friend or relative.

Every day, seven children and teens are killed by guns and another 44 are shot and survive. Our hearts break each time we learn of a new loss, such as:

  • the 5-year old Missouri boy who found his grandfather's gun and unintentionally shot and killed his nine-month-old brother;
  • the 2-year-old in Florida who found his father's gun, played with it, and shot himself fatally in the chest;
  • the Washington State high school student who took a relative's gun and shot five friends, killing four and seriously injuring another before killing himself; and
  • the 16-year old high school soccer player in Kansas who shot and killed herself at home.
These deaths are preventable. If school shootings, unintentional shootings and suicides are to be stopped, the effort begins at home. It starts with parents, who need to recognize the risks of guns in the home and make safer choices about gun access and storage. Millions of Americans bring a gun into the home in the false belief that it will make their families safer. But every day, as news reports and the latest data show, tragedies result. We can have an impact by educating parents about the real risks of having a gun in the home, which include homicide, suicide, and unintentional shootings.

The NRA wants to squelch the simple message of responsible parenting to protect our children. We'll do everything we can to keep our kids safe. We will be heard.

Join our conversation. Talk to friends and family. Ask if there is a gun where your child visits or plays. Ask how it is stored. And if one of your loved ones is depressed and having suicidal thoughts, then remove items from your home - like guns or medication - that could be used in a suicide attempt. If you don't want to get rid of a gun to prevent a potential suicide, then consider storing it in a secure location off-site.

The Second Amendment lets Americans own guns. The First Amendment lets us talk about how dangerous they are. Don't let the NRA shout down the national conversation about the extraordinary danger to children and families of guns in the home.

Join us and improve the safety of America's children. You just might save a life.

Safe Gun Storage Saves Lives

John Rosenthal   |   March 4, 2015   10:30 AM ET

This week in Harris County, Texas three young children were shot with unsecured guns found by children. Two of these children are dead due to accidental self-inflicted wounds. One of the children, aged 6, remains hospitalized after being shot by a younger brother. Each of these three families has been forever changed by a few moments in time. The local sheriff appears to be forever changed by these tragedies as well. He called a press conference after the third shooting to advocate for safe gun storage, he is quoted as saying "I beg of you, help us to keep from having to respond to tragedy that can be prevented."

Unfortunately, what is happening in Harris County is happening all over the country, albeit at a less rapid pace. According to the Children's Defense Fund, in 2012, the year of the most recent data, guns killed more children under five years old than law enforcement officers killed in the line of duty (81 deaths versus 46 deaths). Even when a child does not get injured, child access to a firearm still puts adults at risk. For example, last December a toddler was able to access his mother's loaded gun while they were shopping at an Idaho Walmart. The boy fired one shot that ultimately killed his mother.

By some estimates there are over 310 million guns in the United States, many of which are stored negligently. In addition, over 30 percent of Americans report that they have a gun in their home.

In light of this, some states are taking action to prevent these tragedies. For example in my home state of Massachusetts, there are laws requiring guns be stored locked and unloaded unless under the gun owners direct control, to prevent unauthorized access. These laws encourage gun owners to act responsibly before a tragedy while providing law enforcement with a mechanism to respond to negligent gun storage- even before a child gains access. Massachusetts is not alone, twenty-eight states currently have some sort of child access prevention law on the books and eleven states are currently considering similar bills.

While these laws are an important first step, the Harris County Sheriff is ultimately correct, these tragedies can be prevented and responsible gun ownership is the key. A simple $5 trigger lock can save a life. Keep your gun locked and unloaded unless it's in your direct control, the cost is just too high to do otherwise.

Why 'Armor-Piercing' Bullets Are Flying Off the Shelves

Mike Weisser   |   March 2, 2015    9:57 AM ET

You know that something's up in the gun business when Rush Limbaugh starts talking about gun control. And what he was talking about this past week was the decision by the ATF to create a new standard for exempting certain kinds of so-called 'armor-piercing' bullets from the ban that Congress placed on such ammo in 1986. The law was designed to prevent civilians from buying or carrying ammo whose bullets could penetrate body armor worn by police, but manufacturing exemptions were routinely granted if the ATF determined that the ammo was going to be used for 'sporting purposes,' which usually meant that it would be used in rifles, as opposed to handguns whose use usually served no hunting or sporting purposes at all.

The announcement by the ATF was picked up by Rush not because he cares a wit about guns, but because he could then go into a riff about how the 'regime' was once again using executive actions to promote liberal policies which Congress would never pass. By the time I turned Rush off and booted up my computer, the web was crawling with denunciations of the latest threat to 2nd Amendment rights, with the NRA calling the plan a "disaster" and the blogs following suit. Because what the ATF is proposing is a ban on the manufacture of the 5.56x45 round, which just happens to be a cartridge designed for the AR-15. Get rid of the ammo, get rid of the gun, right?

The ATF might have left this whole issue alone were it not for the decision by gun makers to begin manufacturing handguns chambered for 5.56x45. And this decision was based on the fact that AR-15 rifles, which had been a major part of the upswing in gun sales after the election of the Kenyan in 2008, can be turned into handguns by simply substituting a barrel of shorter length. And since the determination of what constitutes a 'sporting' cartridge is based on whether it is designed primarily for rifle as opposed to handgun use, now that civilians can start walking around with AR-15 handguns, the exemptions for sporting use of the ammunition no longer hold.

What the ATF is now proposing are exemptions for this ammunition based on a much narrower definition of the kinds of guns for which such ammo would be used. Basically, ammo manufacturers will be able to make and sell this cartridge only if it is loaded in a rimfire round (which is much less dangerous) or used in a single-shot handgun which, by definition, is rarely found in the hands of the bad guys committing all those crimes with guns. Which doesn't mean that AR-15 shooters won't have anything to load into their guns, ipso facto they might as well throw the guns away. What it does mean, however, is that the gun industry will finally have to fess up to the fact that AR-15 rifles, marketing campaigns notwithstanding, aren't really sporting guns at all.

The AR-15 sold in the United States can actually take two rounds: the 5.56x45 NATO cartridge with a 62-grain bullet, and the .223 Remington cartridge, normally loaded with a 55-grain shell. The 5.56 is also loaded with a 55-grain bullet, but the difference is that the heavier 5.56x45 penetrates more deeply, is significantly more lethal, but tends at long distances to be a bit less accurate than the 223. The 5.56x45 was adopted by the military because of its lethality, and it's a stretch to think of it as a 'sporting' round.

The gun industry is challenging the ATF ruling not because it will mean the end of 'black' guns, but because they want to have it both ways. On the one hand they want to promote AR-15s as the newest style of sporting guns for hunting or just plain fun. On the other hand, they also want to promote these weapons as the latest and greatest 'tools' for personal defense. Either way, I guarantee you that the net result of Limbaugh's rant will be a disappearance of all AR-15 ammo within the next couple of days.

Inside The Conservative Campaign To Stop Cops From Enforcing Federal Gun Laws

Dana Liebelson   |   February 26, 2015    7:34 AM ET

WASHINGTON -- Conservative lawmakers in at least 11 states are pushing legislation that would prevent state law enforcement from enforcing some or all federal gun restrictions. Proponents of these bills are emboldened by the success of marijuana legalization at the state level and claim that federal law enforcement is stretched too thin to stop them.

Right now, there are a number of federal laws restricting various kinds of gun use. For example, felons, fugitives, people convicted of domestic abuse misdemeanors and people subject to certain domestic restraining orders are restricted from buying guns under federal law. And no civilians are allowed to buy newly manufactured machine guns.

In Montana, the state House passed legislation earlier this month that would prohibit the enforcement of any potential federal ban or restriction on firearms and magazines. If a Montana cop did enforce such a federal law, it would be considered theft of public money. The Montana bill says that state employees are still allowed to enforce some federal laws -- for example, the ban on machine guns. But most states that have introduced this type of legislation have used broader language.

An Arizona bill that passed two state Senate committees this month says that state employees can't enforce "all federal [laws]... that are in violation of the Second Amendment" if they "violate the Second Amendment's true meaning." That bill does not address federal restrictions on domestic abusers or felons. And Arizona state law is weaker than the federal law in some respects. The state does prohibit people convicted of domestic violence misdemeanors from owning firearms -- but only while they are serving their probation.

The so-called "nullification" movement isn't entirely new, but it has taken off since President Barack Obama was elected, and it appears to have been further spurred on by the anti-gun sentiments many people expressed after the shooting at Sandy Hook Elementary School in 2012.

"I am concerned with Obama, his admin[istration] has been hostile to gun rights," state Rep. Art Wittich (R), the sponsor of the Montana legislation, told The Huffington Post in an email.

Gary Marbut, president of the Montana Shooting Sports Association, was involved in writing the first draft of that bill. He said he discussed the concept in 2009 while waiting to appear on Glenn Beck's Fox News show with Andrew Napolitano, the senior judicial analyst for Fox News, in New York City. As Marbut remembers it, Napolitano told him: "All you need to do is don't help [the federal government] enforce these federal laws, because they don't have the manpower to do it."

Napolitano did not respond to a request for comment, although The Huffington Post verified that he did appear on Beck's show with Marbut in 2009 to discuss gun legislation.

Eugene Volokh, a law professor at the University of California, Los Angeles, said that bills like the one in Montana could have effects beyond a simple symbolic statement. In 1997, the U.S. Supreme Court affirmed in Printz v. United States that the federal government cannot force local chief law enforcement officers to fulfill federal tasks. And the resources of the federal government are stretched thin. In that sense, backers of these bills say they are relying on the same reasoning that allows states to flout the federal ban on marijuana possession.

"I've seen how quickly the federal government had to back off in response to marijuana legalization measures in Colorado and Washington state, and found this to be a good strategy in support of our right to keep and bear arms as well," said state Sen. Kelli Ward (R), who introduced the legislation in Arizona.

Ward said she consulted with representatives from the Arizona Citizens Defense League, the Tenth Amendment Center and the National Rifle Association. Michael Boldin, founder and executive director of the Tenth Amendment Center, also pointed to the Obama administration's failure to enforce marijuana laws as evidence that these bills could succeed.

The way this could play out, said David Kopel, an adjunct constitutional law professor at the University of Denver, is that if the federal government were to ban assault weapons, and then a local cop pulled someone over for a traffic violation and saw an assault weapon in the car, the cop could simply give the guy a ticket for the traffic violation and send him on his way.

A handful of states have passed nullification laws in the last few years. The Brady Campaign to Prevent Gun Violence is challenging a Kansas law that goes so far as to declare that Kansas firearms and accessories are "not subject to any federal law, treaty, federal regulation, or federal executive action." (A similar Montana law was struck down in 2013 by the 9th U.S. Circuit Court of Appeals.)

The Brady Campaign argues that the Kansas law is reminiscent of certain states' efforts in the 1950s to fight federal law requiring the integration of African-American students into all-white schools. Jonathan Lowy, director of the Legal Action Project at the Brady Campaign, told HuffPost that these kinds of gun laws are "blatantly unconstitutional" and "extraordinarily dangerous" if permitted by the courts.

The Obama administration has agreed that the Kansas law is unconstitutional. "I am writing to inform you that federal law enforcement agencies... will continue to execute their duties to enforce all federal firearm laws," Attorney General Eric Holder told Kansas Gov. Sam Brownback (R) in an April 2013 letter.

Better Than Somalia -- How to Feel Good About Gun Violence

Evan DeFilippis   |   February 23, 2015    3:59 PM ET

A YouTube video entitled, "Number One With A Bullet", recently made rounds on the Internet. It defended American gun policy on the basis that, despite having high levels of per capita gun ownership, the United States has relatively low levels of per capita murders compared to other countries. The video immediately became viral, receiving over 300,000 views in a week, and was touted by pro-gun sites as definitive proof that firearms are innocuous.

In the video, Bill Whittle, a conservative blogger, shows that the United States ranks No. 111 in the world in terms of per capita murder rates (as evidenced by a neat Wikipedia table), which "puts us near the top of the bottom half [internationally]." Whittle then uses this methodology to re-assure Americans, "maybe it's not the guns..."

Whittle is not the only gun apologist who has made some variation of this comparison. Social media abounds with infographics purporting to demonstrate that the United States really isn't all that violent. John Lott, a discredited pro-gun academic, has drawn favorable comparisons of the U.S. with violence-torn Mexico. A widely cited yet thoroughly debunked law review article by Don Kates and Gary Mauser invokes Russia to let America off the hook. All of these attempts though violate the central imperative in statistical analysis of comparing likes to likes.

How Not To Compare International Homicide Rates

Unsurprisingly, the United States does indeed have a lower homicide rate than countries in the middle of civil war, run by despots, or struggling with crippling poverty. Should we really be patting ourselves on the back though that our homicide rate just barely beats out Yemen, number 109 on the list, and the fifth most dangerous country in the world? Should we be bragging that our country has less per capita murder than Somalia or Zimbabwe -- countries that are literally run by warlords? Comparing the U.S. with countries that have nothing in common only guarantees that whatever the true relationship between guns and homicide is, we won't be able to find it.

Indeed, using Whittle's methodology, you can make almost all of America's problems disappear overnight by simply expanding our peer group. For example, our infant mortality rate is the highest among industrialized nations, but if we include all of the world's countries in our comparison, including those where children regularly die from diarrhea and measles within a couple months of being born, we rank No. 34!

Further, a closer inspection of the most violent countries on the list actually undermines Whittle's case. As Elisabeth Rosenthal reported for the New York Times, the Central American countries topping the violence charts are not gun-free socialist utopias gone wrong, but rather are suffering from a plague of heavily armed security guards. While these countries do have strict gun laws on paper, these are rarely enforced, leading to a guns-everywhere free-for-all. For example, Guatemala, which has the 6th highest homicide rate, has an estimated 900,000 unregistered firearms in circulation. While the country only has 20,000 police officers, they have 41,000 registered private security guards with another 80,000 unregistered guards. With all of these ostensible "good guys with guns," Guatemala is not a "gun-free zone" by any stretch of the imagination. Indeed, the US Travel Department issues the following warning about Guatemala: "Violent crime is a serious concern due to endemic poverty, an abundance of weapons, a legacy of societal violence, and weak law enforcement and judicial systems" (emphasis added).

What A Valid Analysis Reveals

But that's clearly not the appropriate way to think about public health problems. Serious academics restrict their analysis to countries that have attained a certain level of gross national income (GNI). This is extremely important because it enables researchers to control for confounding variables that may drive the homicide rate upwards, such as the presence of ethnic or religious conflict, or widespread poverty. One way to do this is by using the World Bank's definition of a high-income OECD country. Thirty-one countries meet the criteria of a per capita GNI >$12,616.

When academics further refine this list of countries using socio-economic factors they reveal a harrowing picture. Compared with other high-income countries, the United States has a homicide rate 6.9 times higher, a difference driven almost exclusively by firearm homicide rates that are 19.5 times higher. The same is true for firearm suicide and unintentional firearm death, for which the United States has rates that are 5.8 and 5.2 times higher, respectively, than other industrialized countries. A 2013 study also showed that among the highest income countries "there was a significant positive correlation between guns per capita per country and the rate of firearm-related deaths." A recent study in the American Journal of Medicine also showed that among the highest income countries, "there was a significant positive correlation between guns per capita per country and the rate of firearm-related deaths." The authors concluded that: "the current study debunks the widely quoted hypothesis that guns make a nation safer."

Research on female homicide victimization reveals an even more startling picture: the United States is the sole outlier in female homicide rates among high-income countries. Even though American females represent only 32 percent of the overall female population among industrialized nations, the United States accounts for 84 percent of all female firearm homicides.

Ironically, when unflattering comparisons have been made between the United States and our industrialized peers in the past, gun advocates are quick to point out cultural and demographic differences that ostensibly make such comparisons unfair. Gun advocates often mutter something about gangs or African Americans to explain away the differences between the United States and its peers. It is instructive to note that gun advocates will insist that the United States can't be compared to our industrialized peers, and then reassure us that the United States is doing a little bit better than countries in the middle of civil war.

A Gun Violence Vaccine

Mike Weisser   |   February 23, 2015   11:09 AM ET

Sean Palfrey is a Boston-based pediatrician who has been a long-time advocate for improving children's welfare through aggressive public health strategies, including the use of vaccinations to protect kids from all sorts of disease. His latest comment in this regard appeared last week in HuffPost, and while you might wonder what this has to do with guns, indulge me for a few paragraphs and let me explain.

The recent public spat over the efficacy of vaccinating children erupted after a measles outbreak was traced to an amusement park in Southern California, which then prompted the Republicans to try and score a few anti-immigration points by forecasting a potential catastrophe due to infections spread by unvaccinated illegal immigrants, which then led to the usual Republican pandering about why government should be getting into the vaccination game at all. And that a physician turned presidential candidate used to be against vaccinations but now isn't sure what he's for or against, has just muddied the waters a little more.

For a moment, let's put all that nonsense behind us and focus on what Sean Palfrey really says. The point he's making about vaccinations is they protect the human species against diseases for which there is no cure once the infection occurs. In this respect, vaccines become the cure for certain diseases through prevention, whereas we usually think of being cured as what doctors do to us after we get sick. We wouldn't need government-mandated vaccinations if everyone shared Sean Palfrey's belief about the positive effects of this proactive response to medical risk. But prevention of disease is simply too important to be left to everybody's individual choice.

One disease which continues to escape government-mandated controls is something called gun violence, which kills more than 30,000 Americans each year. And if the NRA and other pro-gun folks want to continue to debase this discussion by claiming that these deaths have nothing to do with guns, that's fine. But notice that I'm not casting blame on anyone for these gun deaths; I'm not saying that people with guns are good or bad. I'm simply saying that, at the end of the day, if someone puts a loaded gun to their own head or to someone else's head and pulls the trigger, I guarantee you that someone will be dead. And death from anything other than natural causes is a medical issue and if it is not brought under control, it constitutes a medical risk.

A recent study confirms what I have long suspected, namely, that most people who visit doctors really don't care, nor are they insulted or angered when the physician asks them whether they own guns. And while the study was based on a small sample of patients, it was conducted in Texas, where opposition to more restrictive gun laws ranges from fierce to worse. The fact is that nobody ever committed an act of gun violence, no matter how it's defined, without first getting hold of a gun. And since, by definition, none of the 31,000 Americans who will die from gunshots this year will die a natural death, physicians need to adopt, in the words of Sean Palfrey, the strongest possible defense in order to go on the offense regarding the medical risks of guns.

If a gun-owning patient believes that anything said by a doctor about guns is out of bounds, he's not required to accept the doctor's advice. And God knows there are plenty of us walking around, sicut me, refusing to follow medical advice about our smoking, our drinking, our guns or our weight. But the government's inability to go on the offense about gun violence has absolutely nothing to do with any evidence-based knowledge that having guns around reduces medical risk. And until a credible, evidence-based argument proving that guns reduce harm is produced by the pro-gun side, physicians should continue to ask patients to immunize themselves against gun violence by getting rid of the guns.

Six Thoughts on Guns and Freedom

Peter Schwartz   |   February 18, 2015   12:51 AM ET

Life's but a walking shadow, a poor player 
That struts and frets his hour upon the stage 
And then is heard no more: it is a tale 
Told by an idiot, full of sound and fury, 
Signifying nothing. - Macbeth

I first drafted this essay nearly one year ago, following the annual meeting of the National Rifle Association in Indianapolis in April 2014. With the NRA now publicizing its 2015 annual meeting in Nashville, seems like a good time to revisit last year's frenzied, speaking-in-tongues tent revival, along with some of the ideas on the relationship between guns and freedom prompted by NRA nuttiness. Because... ya know... nothing much has changed.

* * *

The National Rifle Association held its annual meeting in Indianapolis this weekend, which quickly devolved into a kind of last days ecstasy. Highlights included a day-long seminar on how to evade laws that restrict access to guns, the unveiling of a television advertisement that depicts the United States as a place where filthy crimes go unpunished and killers and con-artists prey upon anyone who still follows the rules, and Sarah Palin memorably telling us that waterboarding is how we baptize terrorists. The fierce piety that can allow NRA members to oorah to this chaos invites modest scrutiny.

1. Demographics

The demographics of gun ownership clearly are evolving, and they don't favor gun owners, who are predominantly older white males in rural parts of the South and Midwest. In the next 50 years, the nation will become more urban and less white. More young people will grow up in an environment where there is no functional need to own a gun and where the idea of owning a gun seems alien. For these reasons, trend lines do not favor gun owners.

Of course, guns are prevalent with young minorities who live in cities, but gun possession among this population is largely associated with gangs and drugs. In other words, gun possession within this urban youth population is an immensely destructive accoutrement of youth, not an article of religious faith. Revamping our drug and incarceration policies to keep kids in school and out of jail, and to remove the market incentives for illegal drug trafficking, would likely make a big dent in the percentage of young minorities living in cities who possess firearms.

2. Protection

Notably, the percentage of Americans who say they own a gun for protection has risen precipitously at the same time that crime has fallen dramatically. For this reason, it is difficult to make the argument that the perceived need for "protection" is based in reality, on actual probabilities of meaningful threat. Instead, we must wonder whether the urge to own a gun for personal security rests more on a different, less concrete understanding of what constitutes a threat, and how best to handle that threat, whether it is imagined or real.

Guns give people the fantasy of control, not the reality of control, so to understand the firearms ownership obsession, we need to appreciate what fantasies are at work. For example, there is a significant fear among whites of black youths. But most violence involving young black males is seemingly geographically specific, committed against other black males, who more than likely know each other personally. This reality removes any reasonable argument for stand-your-ground laws, concealed weapons laws, open carry laws, and let's-allow-guns-in-schools-parks-churches-and-bars laws.

3. Constitution

Second Amendment zealots appear not to understand how far they have removed themselves from the global mainstream when it comes to opinions about gun ownership. Citizens of other nations generally feel no need to own guns and their rate of gun violence is far lower than it is in the United States. For this reason, we should not underestimate how weird and creepy our national obsession with firearms appears to people in other countries around the world.

Appealing to an abstract "Constitutional" or "God-given" right to own guns in response to the condemnation of pretty much everyone else in the world really is not useful. Most legal scholars would agree our 225-year-old Constitution, which is one of the oldest in existence, and which has never had a fixed meaning but has always been in instrument of political conflict, is long-past due for an overhaul. The U.S. Constitution was drafted for a nation entirely different from the country in which we now live. As for our right to own guns being God-given, well, maybe we should let God speak for herself on this matter.

4. Politics

People in the United States generally don't question the need for our state governments to license both cars and their drivers. It is self-evident to just about everyone that cars in poor condition, or in the possession of the wrong people, become weapons that menace our safety.

The logic for gun-control laws is virtually identical to the logic for licensing cars and drivers. And so it should not surprise us that one of the biggest obstacles to reasonable gun-control laws, particularly in less densely populated states, is the outsized influence within their governing bodies of white, male, and rural representatives. It is precisely among these populations where one would expect the logic for regulating ownership and use of both firearms and motor vehicles to be almost equally suspect.

The intimidating rhetoric and organizational virtuosity of the National Rifle Association reinforces the rural-white-male bias within state legislatures. The effect has been to give interests favoring extreme gun rights disproportionate power to open the floodgates to gun ownership and to block laws that would enact even the mildest background check or gun safety provisions. Of course the other major source of influence in this debate, when one looks further under the skirts of the NRA, is the firearms industry.

5. Human Nature

Guns don't kill people, people do.

When guns are outlawed, only outlaws will have guns.

For decades, gun rights advocates have parroted these slogans without really feeling any need to justify their claims logically or support them with evidence. Indeed, logic and evidence both clearly indicate that the abstract concept of a "person" is woefully inadequate for capturing the range of psychological circumstances and conditions to which every one of us is subject on a daily basis. At any given moment, even the most rational or disciplined or experienced among us is capable of acting irresponsibly or dangerously -- out of rage or despair or incompetence or inattention or indifference.

We are imperfect beings. Put a perfect tool of destruction and mayhem in our hands, and you can well predict the havoc we are capable of unleashing.

6. Freedom

Gun rights advocates in the United States sequester their odd claims under the sheltering canopy of faith and freedom. Gun ownership has become a bizarre, frenzied religion. A cargo cult that worships the smooth barrel of a gun, a false idol, with its prosthetic, prophetic promise that we can blast our way into Heaven. The language of the Second Amendment has itself become fundamentalist literalism, obsessively parsed for divine meanings and prophecies, the authority that justifies itself. To paraphrase Sarah Palin, violence is how we baptize our enemies and confirm our freedom.

However, neither gun ownership nor the Second Amendment can confer, exalt, or secure freedom. Enhanced destructive capabilities do not make us free. Nor can we subsist on parchment freedoms inscribed in the Constitution. Indeed, to make a piece of technology or a piece of sheepskin the enabling condition for our freedom is to trivialize beyond recognition the meaning of freedom, and its importance to our nation.

Freedom is a spiritual condition of awareness, an intellectual endowment of foresight and reflection, a physical gift of health and wholeness, and a social capacity for conversation and communion. We are free when we can trust the spaces and the silences that separate us from our brothers and sisters, an interim that lets us fully see ourselves, and know ourselves, in the whites of their eyes and in the rise and fall of their breasts.

The gun destroys the interim. The gun takes away our freedom.