Richard August: RI Lawmakers Are Off-Target in Gun Debate
Tuesday, March 19, 2013
Richard August says General Assembly members shouldn't bother making anti-gun laws when they're unconstitutional and unlikely to work.
I know about guns from both ends.
I think I was 14 or 15 when I went to a friend’s house in the neighborhood where I grew up. His parents were working and he was home with his younger brothers. They were fraternal twins and everyone knew that Peter was OK but Paul was a little crazy.
Soon after I got there Paul went upstairs and returned with a 9 mm Walther pistol his father had brought back from WW II as a souvenir. (The military let you do that back then.) Paul showed us the loaded magazine that he had removed and then replaced it in the gun. He released the slide and we knew a round had been chambered.
Paul had a strange look in his eye when he curled his finger around the trigger and pointed the pistol at my chest. For the next several minutes I talked Paul out of doing anything else and he finally returned the Walther to its hiding place. I never told anyone else about the incident.
The Best Offense
A police chief in a small California town made national news when he proclaimed that guns cannot be defensive. He said his officers carry guns to project power and their authority.
My wife and I had married on Labor Day 1967 and we lived in an apartment in a nice section of Hartford. My job with a CPA firm required that I work evenings when we started a bank audit.
I had previously obtained a concealed pistol permit first from my local police chief and then from the Connecticut State Police. I didn’t have to declare a reason why I needed a “pistol permit”. I passed both background checks and it was valid for five years.
When I came home from the Army I had an additional commitment for active reserve duty. The commander of the National Guard unit to which I belonged decided to have an evening session where our wives or girlfriends could learn to shoot handguns in the armory range. My wife attended and still remembers the advice given by a policeman who was in the unit: “If you shoot a bad guy in the house and he staggers outside to die, drag him back into the house before you call the police.”
I came home from a bank audit late one night and found my wife sitting on the couch with my .38 Smith & Wesson revolver next to her. She explained that someone had tried to break into our apartment. She had gotten the gun and hollered that she was armed and would shoot “if you come through that door”. The would-be intruder ran away. I found jimmy marks on the door jamb that corroborated her story.
Guns cannot be defensive?
A Six-Second Difference
The killing of Trayvon Martin brought much attention to Florida’s “stand your ground” law. The fact is that since that law was enacted the number of violent crimes with firearms in Florida has decreased by 22 percent!
What cannot be determined is how many lives have been saved in the hundreds of fewer cases of violent crimes because the perpetrator couldn’t be sure whether his potential victim would be willing and able to use deadly force to protect herself.
“A-thousand one, a-thousand two, a-thousand three.” Three seconds; that’s how the Army taught me to count seconds on the grenade range. And that’s how long it takes me to change magazines –and I don’t practice very much.
Much is being written and said about high-capacity magazines, i.e. those capable of holding more than a somewhat-arbitrary 10 bullets. I said that I could change magazines in three seconds. A person who practices can do it in less than two. In other words, it would take me about six seconds longer to fire 30 shots than someone with a magazine holding that many rounds.
Does anyone really believe that six seconds would make a difference in a mass shooting scenario?
Others, including California Senator Diane Feinstein, New York Governor Mario Cuomo and Rhode Island State Police Colonel Steven O’Donnell, claim that what they term “assault rifles” are only meant to kill people and are not used for hunting. This is simply not true.
There are many “AR-platform” rifles designed and used for hunting. In fact, the very same rifle can have a hunting and tactical configuration. It’s just that the tactical version looks scarier. I showed examples when I appeared on the State of the State TV show. (My interview can be accessed on http://vimeo.com/channels/365354.)
An assault rifle is, by definition, one that fires a reduced-size bullet and has selective-fire capability, i.e., it can fire semi- or fully-automatic. Senator Feinstein asserts that assault rifles with high capacity magazines can simply “mow people down”. She has seen too many Hollywood action movies.
Don't believe me? In his book American Sniper former Navy SEAL Chris Kyle (who was recently shot to death by a Marine with PTSD whom Kyle was trying to help) with 150 confirmed kills wrote: "The only time you really used full auto is to keep someone's head down -spewing bullets doesn't make for an accurate course of fire." And this from recon Marine 1LT. Nathaniel Fick in his book, One Bullet Away: "The M-16 shoots either semiautomatic single shots or three-round bursts. Bursts are usually a waste of ammo since the muzzle rises after the first shot and the next two pass over the target."
Gun critics often refer to assault rifles as “powerful”. They are not. The .223 bullet is designed to wound, not kill, a person. In an interview for the book The Soldiers’ Story, Vietnam In Their Own Words Marine Cpl. Tom Mitchell, describing the house-to-house fighting in Hue says, “And when you’re trying to wield weapons, especially the M-16 (military version of the AR-15)…there was no punching power... So a lot of us started stealing shotguns, especially from the Army”.
The Fight Comes Home
Freshman representative Linda Finn (D-Middletown) sponsored a bill that would require registering firearms with local police and paying a fee of $100 per gun. She says it would allow police officers to know whether a gun may be present when they go on a call. Yet there’s no indication why this should be a local issue or why someone would have to reregister their guns if they move to another community.
More importantly, the Rhode Island Constitution says simply that a citizen’s right to keep and bear arms shall not be infringed. There is no qualifying language. Forcing a person to pay a fee to exercise a right guaranteed under the Constitution is, well, unconstitutional.
In a Tweet message Rep. Finn who authored H-5372 requiring gun registration asks, “So what do we do, throw our arms up and take no action?” That’s precisely what legislators should do rather than pass a law that is probably unconstitutional and will do absolutely nothing to prevent another tragedy like Newtown.
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Comments:
David Beagle
9:14am on Tuesday, March 19, 2013
Too many politicians feel they have to do SOMETHING in a crisis to justify their being in office. The $100 fee, well that was just the democrat in her coming to the surface.
Mathew Gillette
12:04pm on Tuesday, March 19, 2013
"She says it would allow police officers to know whether a gun may be present when they go on a call."
Considering there will be so many non-registered and illegal guns out there, shouldn't the police always assume a gun may be present when they go to a call? Is that not the reason they carry guns in the first place? If they went to a call where there are no registered guns, would they in turn leave their gun locked in their car?
Tell me again how this law would actually benefit ANYBODY?
Lance Chappell
1:36pm on Tuesday, March 19, 2013
The whole gun control debate is nonsense. There are millions of guns in circulation in America today. All the legislation in the world is not going to stop the wingnuts from getting a gun and start causing harm. Gun laws will only get the law abiding citizens hung up in the legal system. The lawmakers in this state just don't get it. We have the 8th strongest gun laws in the country and we still have those criminals, who have no regard for the law, causing more crime. Gun registries don't work either and would never get involved with one, even if it was a law. 2nd amendment infringement!
Dave Barry
4:27pm on Tuesday, March 19, 2013
There is always a gun present when police go on a call. The police officers gun! Anyone who doesn't want a gun, in my opinion, is a dolt. But I respect the right for you to be a victim. Respect my right (constitutional) to possess one. The police cannot protect you in your home and only sometimes on the street. Police, for all their good work and intentions, are an after the fact agency. Finn is an example of how our state has gotten to where it is.
Steve Jones
5:07pm on Tuesday, March 19, 2013
#1 Anybody that needs an automatic or semi-automatic weapon to harvest an animal isn't a hunter.
#2 The quotes about automatic weapons from those books are completely out of context. That stuff is true if you are a sniper or even at moderate distance on a battlefield. In a crowded place like a movie theater they can be used to "mow people down" and that is exactly what happened in Aurora.
Richard August
10:06am on Wednesday, March 20, 2013
#1 That statement is so ridiculous it obvious comes from someone who has never hunted and knows little or nothing about firearms.
#2 Most of the casualties inflicted by the movie theater killer in Aurora came from his pump-action 870 Wingmaster shotgun when his AR-platform rifle jammed after a few shots. The 870 Wingmaster is one of the most popular hunting firearms ever; millions have been manufactured by Remington. It also happens to be one of two shotguns most frequengtly used by law enforcement agencies with the other being the Mossberg 500. Because they are used by police should they be banned as too dangerous for civilian use? The point made by the military writers quoted is that fully automatic fire is inaccurate even in the hands of experienced marksmen. Anyone who has ever fired a fully automatic rifle as I have can attest to that.
norm simpson
10:45am on Wednesday, March 20, 2013
Should rocket launchers be legal to own for private citizens?
Steve Jones
11:26am on Wednesday, March 20, 2013
I get it Richard. You really like guns. I have one simple question for you:
HOW DO WE KEEP GUNS OUT OF THE HANDS OF CRIMINALS AND THE MENTALLY ILL?
The current system is obviously not working. 11,000 people get murdered in this country every year with guns. If you don't want any new laws or regulations, what is your solution to the problem? We clearly can't continue to do nothing and hope the problem will go away.
Mathew Gillette
1:56pm on Wednesday, March 20, 2013
Steve -
Perhaps you can solve all of our Country's problems with bans, restrictions, and taxes. Worked really well for alcohol (kills ~75,000 per year), works really well for drugs (killed ~37,500 in 2011).
By the way, mental illness is not the problem, particularly when diagnosed and treated - which is the demographic proposed restrictions would largely apply to. The dangerous people are those undiagnosed and untreated.
Proposed solutions are naive at best, tyrannical and dangerous at worst.
I have no better solutions, but I'd rather stand for personal liberty and responsibility instead of totalitarianism and "nanny state" tyranny.
norm simpson
4:05pm on Wednesday, March 20, 2013
Mathew, "I have no better solution's" Personal liberty extends to the tip of my nose, when we have a problem of this magnitude, better solutions are available. 8 children a day are shot and killed in the US of A ......there are better solution's The NRA stance on all of this is remarkably close to being a shill for gun manufacturers .......... until they come up with a more rational stance, they will be called rightfully ...."rabid bats-hit crazy"
Mathew Gillette
4:45pm on Wednesday, March 20, 2013
Norm -
"It's for the children" is the mantra of tyrants (any man who would seek to exert his will upon others to limit their freedoms). I pray my son can enjoy at least as many freedoms as I do today. You spit on the graves of our Founders, read our Declaration, Constitution, and Bill of Rights and try to convince me otherwise.
As for the NRA, though we have similar goals, I let my membership lapse and will never renew it for a reason.
norm simpson
12:38pm on Thursday, March 21, 2013
Mathew,
"spit on the graves of our founders" ummm I think not. What you seam to not understand is that there are limits to what ones freedoms entail. The founders you speak of gave us a third branch of government that interprets the constitution,(Supreme Court) That is why it is not legal for citizens to own all kinds of weapons, what I am hearing from the gun lobby is that it is there right under the Constitution to do anything they damn well please as it pertains to guns........that, my friend is wrong.
Steve Jones
5:35pm on Thursday, March 21, 2013
Lots of talk but no answer to my question.
Joseph Bernstein
2:59pm on Friday, March 22, 2013
@Steve-one thing that would help is a realistic harsh sentence for gun crimes(other than mere possession by a non felon)where if you use a firearm in a robbery,rape,burglary or unjustified homicide there is a certainty you will lose many years of your freedom or permanently lose your freedom as a result-no "good time"or parole.
Another measure is to modify the privacy laws surrounding mental health records and have people with serious problems in the national background check system.
There is no truly safe harbor-we can see that with drunk driving-no matter what the warnings,drunk drivers will still kill more children each year than guns by a huge margin
Joseph Bernstein
3:00pm on Friday, March 22, 2013
@ Mr.August-well said
Mathew Gillette
3:55pm on Friday, March 22, 2013
@Joseph:
"Another measure is to modify the privacy laws surrounding mental health records and have people with serious problems in the national background check system."
That is the reason I will never renew my NRA membership. Who is going to determine what a "serious problem" is? Additionally you are going to make gun owners hesitant to ever see a psychiatrist or mental health provider if they have legitimate and managable problems. According to the NIMH, almost 1/4 of the country could be diagnosed with some mental illness, and you would be stripping away their rights. That is a very dangerous line of thinking, see my earlier comments on the subject as to how it would still only apply to people diagnosed and/or treated and not the greater threat of those who are not.
Mathew Gillette
4:18pm on Friday, March 22, 2013
@Norm:
"There are limits to what ones freedoms entail" - yes, intended to be limited so that they do not infringe upon the freedoms of others.
"...what I am hearing from the gun lobby is that it is there right under the Constitution to do anything they damn well please as it pertains to guns..."
Murder is still illegal, as are arson, driving drunk, hijacking planes and flying them into buildings, turning vans into bombs and blowing up buildings, etc. The thing is, CRIMINALS DO NOT CARE.
Who are you, or any of these law makers, to say what is a reasonable method by which a law-abiding citizen may defend the ones he loves from imminant danger? There are CRIMINALS out there who will stop at nothing to harm others; they yeild to no law.
You keep your "good intentions" to protect your children, but I'll protect mine however I see fit.