February 21, 2018

Virginia Tech (2007); Sandy Hook (2012); the Orlando, Florida nightclub (2016); Las Vegas (2017); First Methodist Church, Sutherland, Texas (2017); and now Stoneham Douglas High School, Parkland, Florida (2018). (See Appendix for a list of mass shootings since 2000.)  When will Congress wake up?  National polls indicate that 90 – 95% of Americans support some type of gun control legislation.  The Preamble to the Constitution starts with “We the People.”  As part of an established representative democracy, I would expect that our elected representatives would in fact represent the People.  Instead it appears that money from the NRA, and other pro-firearms/munitions lobbies, carry the day!!  The People as a whole should still control what happens in our country, not the moneyed special interests.  The recent list of legislators who have taken significant contributions from the NRA is shocking.  I’m sure you know who is on the list!

I’m not anti-firearms.  I grew up in rural Iowa, hunting, fishing and trapping.  Guns were a part of my youth.  However, as a retired law enforcement professional with 30 years of service as a police officer, trainer, educator, and administrator, I have developed some very strong opinions regarding the 2^nd Amendment. In addition, I have been actively involved in security consulting through my company Assets Protection Associates since 1986.  School/campus safety has been a large part of my work.

My thoughts:

• The 2^nd Amendment was passed at a time when this young nation was concerned about threats from the British, Spanish and French. We did not have a substantial army or navy.  Our protection rested with a reliance on our citizens who fought the revolution as militia or privateers.  The amendment starts with “A well-regulated militia, being necessary for the security of a free state ….”  Most Americans who assert their right to “bear arms” fail to note this opening statement.  While the Supreme Court has consistently found in favor of the right to keep and bear arms, much of the intent of the

 

2^nd Amendment’s regulation of the militia and the citizen soldier has been lost over time. In fact, it may surprise people to know that regulation of firearms was a part of the new nation’s tradition (Cornell, Saul, “Five Types of Gun Laws the Founding Father Loved,” The Conversation, October 15, 2017).

• Our forefathers viewed firearms as tools. They were primarily used to support the family by providing the means to put meat on the table.  In addition, the wilderness posed dangers that could more easily be dealt with if one had a firearm.  Occasionally that danger came from other humans, whether Native Americans or other settlers. Throughout the 1970s, firearms were still considered tools used for hunting, protection when in the wilderness, and by some as protection from fellow humans.  Today our nation has changed from rural to urban, from hunting for survival to hunting for sport;  a nation of uncertain safety from marauders, thieves, and others to a modern nation where crime has been on the decline for decades.  Firearms no longer play a major role in most Americans’ lives, unless they live in certain high crime areas. Gun ownership by household has fallen from 50% in 1980 to fewer than 33% in 2016.  Three percent of the population owns 50% of all firearms.  It is interesting that a minority of the People have continued to control government considerations in the area of gun regulation!
• Those who oppose gun restrictions still believe in the myth of gunfighters in the old west. In fact, the gun may have played a significant role in our nation’s westward movement, but most of us lack an understanding of the reality of gunfights, Indian attacks or even gun regulation.  Of importance is the fact that our old law enforcers often established laws that restricted guns.  A line from the movie “Wyatt Earp,” spoken by Virgil Earp, sums up many of the early local law enforcement efforts. “I’m not saying you can’t have a gun.  I’m saying you can’t carry a gun in town.”
• The National Rifle Association (NRA), which was chartered to provide support for gun safety through programs that taught young men how to safely use a firearm, has today become nothing but a lobby organization for the firearms industry. It is worth noting that until the mid-1970s, the NRA carried out its mission of supporting hunting and gun safety.  In the mid-70s, with a change in organizational leadership, it shifted focus to the 2^nd  Protection of the right to keep and bear arms became its new goal.  This focus has little to do with providing gun safety programs serving those of us who own firearms and like to hunt.  I’m surprised that the theme was able to gather traction, since I don’t recall that the right to keep and bear arms was ever under serious attack!
• Regulation isn’t a new issue, and it wasn’t really controversial until recently. The federal government became involved with regulation in 1936 and later in 1968. During both of the discussions on the ’36 and ’68 bills, the NRA supported the proposed legislation. Other restrictions were passed following the attempted assassination of President Reagan.  The controversy over semiautomatic and automatic assault weapons took center stage.  The Brady Bill passed.
• While right to gun ownership has been supported by the 2^nd Amendment and case law, there is no reason to make that right unlimited– to include owning whatever type of weapon or munition a gun owner might want. It is ironic that all states have laws regulating  Most include limitations on the type of firearm that might be used to hunt various types of game.  Some states do not allow the use of a rifle or pistol to hunt deer.  In addition, some laws restrict magazine size.  Fowl hunters are often faced with a three shell restriction, even when the shotgun chambers six shells.  Deer hunters are not allowed unrestricted magazines. One would think that reason would dictate that similar laws would exist for humans!
• I question the need for most Americans to even have a firearm, although it is their right. In the 40 years since I left the police department, I cannot think of a time when I needed a firearm for personal protection. I own over a dozen firearms, ranging from handguns to rifles (2 semiautomatic rifles) and shotguns. That puts me in the category of 20% of gun owners who have over 10 guns. But, I consider most of them to be collector’s items, the exception being a handgun in case of home invasion and a couple of long guns to handle predatory animals.   At a young age, I discovered that having a semi-automatic .22 did little to improve my chances of shooting a squirrel or rabbit.  If I missed on the first 2 shots, the additional 18 rounds were just wasted.  My point is that even if people do need a gun for hunting and for protecting their property from predators, they certainly do not need modern automatic or semiautomatic weapons.
• A good friend, a former Chicago police officer, has said that putting more guns on the street to reduce gun violence is like proposing adding more vehicles to our roads in the hope of reducing traffic accidents! He makes a good argument.  When he and I were police officers in the 60s and 70s, the number of weapons available to the public was substantially less than today.  The types of weapons that we faced were often traditional hunting-style rifles, shotguns and handguns.  It was rare to find assault style weapons.  Handguns which were used in the commission of a crime were often cheap foreign made items, “zip guns,” or older World War II pieces.  Today, assault rifles and semi-automatic pistols are too common, especially among intercity gang members. These assault style weapons have become common place partially because the NRA and media have created a climate of fear.  The NRA creates fear that the government will take our firearms away.  The media paints a picture of a society where there is danger in every corner.  Ironically, while the rise in the number of firearms has created a more deadly environment, our society has seen a steady drop in crime over the past 5 decades, with the exception of violent crime, which has been increasing.
• Analysis of Variance data from an international study supports the belief that the number of guns is the variable that most impacts the number of deaths by firearm. (Adam Lankford, University of Alabama, New York Times, November 7, 2017)  Other variables considered and found not significant are racial division, lack of proper mental care, and screening.  This data is shocking.  Furthermore, Americans make up 4.4% of the world’s population, yet we own 42% of the world’s firearms.  Thirty-one percent of mass shooters from 1966 through 2012 were Americans.  Interestingly, Yemen has the highest rate of mass shootings among countries with populations over 10 million, second only to the United States in gun ownership. Lankford noted that mental health problems in the United States were no greater than in other countries, and our spending for mental health is in line with other wealthy countries.   Thus, mental health issues did not stand out as a contributing variable.

Another factor that the study considered, based on some popular misconceptions, is that violent video games may cause unhealthy attitudes toward violence.  However, Americans do not spend any more time playing video games than people in other countries.

American deaths by gun totaled 33 per million in 2009, far exceeding that of other countries.  For example, Canada’s rate is 5 per million while Great Britain, which has very strict gun laws, had a rate of only 0.7 per million. Nor is our crime problem greater than other developed countries.

The bottom line is that 130 studies from 10 different countries all note that gun control legislation tends to reduce gun related murders. Thus, it is clear that the variable of gun control has by far the greatest impact on the number of deaths by firearm.

 

What is the solution?  The answer is complicated, considering the lobbying efforts of the NRA and other interest groups.  We do have laws to regulate firearms, but they are often not clear enough, or not adequately enforced.  I believe that Congress needs to provide the leadership on this issue.  Here are a few suggestions:

 

1. Educate our citizenry about the 2^nd Amendment with special emphasis on the first clause on regulation. In other words, we do not need a civilian militia today, but the regulation of firearms needs to be established as a governmental Constitutional duty.
2. Make clear that ownership of hunting weapons and certain handguns is within the purview of the 2^nd Amendment rights. However, other weapons, such as automatic, semiautomatic rifles and certain handguns, are not! Of the 32 mass shooting since 2000, an overwhelming 25 involved semiautomatic weapons!
3. For those who are gun enthusiasts and feel the need to experience the “thrill” of firing automatic, semiautomatic, or other restricted weapons, application to own these weapons may be considered. However, those who qualify for ownership will be required to keep their weapons at gun clubs or ranges, where they can be locked in a vault when not in use at the range.
4. Emphasize the need to support federal, state and local law enforcement in the enforcement of current gun laws. Hire additional personnel if needed.
5. Allow local jurisdictions to establish gun regulations that might further restrict when, where, and how legal guns may be used.
6. Publicize the progress made in reducing crime. Promote programs that reduce the fear of victimization, making clear that the major concern should be on reducing the number of guns on the streets– which in turn will further reduce violent crime.
7. Concealed carry presents special problems. I haven’t seen any data which would support the contention that concealed carry has resulted in increased shootings.  However, open and concealed carry needs to be restricted to traditional handguns and hunting weapons.  No more AK-47s or AR-15s! No more machine or automatic pistols with enhanced magazines.  And, let businesses and other establishments continue to prohibit weapons in their place of operation.

 

I believe that this proposal will move America in the right direction.  It restates the right to bear arms, but clarifies regulation.  The proposal presents a solution that is positively received by the 90 – 95 percent of the American public who want gun regulation.  The NRA needs to be reminded of its original charter and the real focus of the 2^nd Amendment.  Ultimately, in response to public outcry which will ultimately result in gun control legislation, the NRA will lose its overpowering influence over our legislators.  For more on the 2^nd Amendment, see my blog – robertfischerthoughtsfromthe middle.blog.

Respectfully,

 

 

Robert James Fischer, Ph.D.

President, Assets Protection Associates, Incorporated

Director, Illinois Law Enforcement Executive Institute, retired

Western Illinois University, Emeritus Professor

 

 

 

APPENDIX

Mass Shooting 2000 – February 2018

By Location, Date, Number Killed, Type of Weapon

Place                          Date                           # Killed*/Location                        Weapon

 

Wakefield, MA                        December 26, 2000                                7/coworkers Edgewater Tech                                AK-47

Brookefield, WI                       March 12, 2005                       7/church members                                 9mm handgun

Red Lake, MN                         March 21, 2005                       10/family, students, law                        handguns+

Goleta, CA                               January 30, 2006                      7/friend & postal workers                     handgun

Lancaster County, PA              October 2, 2006                       5/Amish female students                     shotgun  pistol

Salt Lake, UT                           February 12, 2007                    18/shoppers, Trolley Square                 shotgun, pistol

Blacksburg, VA                        April 16, 2007                         32/students Virginia Technical             2 semiauto pistols

Crandon, WI                            October 7, 2007                       6/after homecoming party                    semiauto rifle

Omaha, NE                             December 5, 2007                   8/Westwood Mall                                 semiauto rifle

Kirkwood, MO                         February 8, 2008                      5/city council meeting                           2 handguns

Dekalb, IL                                                February 14, 2008                    5/Northern Illinois University                3 semiauto                                                                                                                                                                              pistols, shotgun

Henderson, KY                        June 25, 2008                            5/Atlantis Plastic                                  semiauto pistol

Binghampton, NY                   April 3, 2009                             14/American Civic Association             2 semiauto pistols

Manchester, CT                       August 3, 2010                          8/Hartford Distributing                        2 semiauto pistols

Carson City, NV                       September 6, 2011                   4/IHOP restaurant                                                semiauto rifle

Aurora, CO                              July 20, 2012                             12/movie theatre                                 2 semiauto                                                                                                                                                                              pistol,

tactical shotgun

Oak Creek, WI                         August 5, 2012                           4/Sikh temple                                      semiauto pistol

Newtown, CT                          December 14, 2012                                   26/Sandy Hook Elementary                 semiauto rifle &                                                                                                                                                                     pistol

Herkimer, NY                          March 13, 2013                          4/carwash/barbershop                        shotgun

Santa Monica, CA                   June 7, 2013                               5/campus                                             semiauto rifle

Hialeah, FL                              July 26, 2013                              6/apart complex                                  semiauto pistol

Washington, D.C.                    September 16, 2013                  12/navy yard                                        shotgun

Bell, FL                                    September 14, 2014                  7/family                                                               semiauto rifle

Waco, TX                                 May 17, 2015                             9/gang shootout                                  pistols                                                                                                                                                                                     semiauto rifle

Charleston, SC                         June 17, 2015                              9/black church                                    auto pistol

Roseburg, OR                          October 1, 2015                          9/CC campus                                       2 semiauto                                                                                                                                                                              pistols

Colorado Springs, CO              November 27, 2015                     3/Planned Parent                               semiauto rifle

San Bernardino, CA**             December 2, 2015                       14/holiday party                                                assault weapons-                                                                                                                                                                   pistols & rifles

Orlando, FL                             June 29, 2016                               49/nightclub                                      semiauto rifle

Las Vegas, NV                         October 1, 2017                           50/concert                                         semiauto rifle

Sutherland, TX                        November 5, 2017                       26/church                                           semiauto rifle

Parkland, FL                            February 14, 2018                        17/high school                                   AR-15

 

Total Number of Shootings = 32                                                            Total Number of Victims = 394

Number involving semiauto weapons = 25                                           Number of students^# = 86

*DOES NOT INCLUDE SHOOTER IF KILLED OR COMMITS SUICIDE

** HUSBAND & WIFE SHOOTERS

#THIS IS ONLY AN ESTIMATE BASED ON THE ABOVE DATA AND INCLUDES COLLEGE A

Thoughts from the Middle

The Second Amendment and Gun Control

By Robert James Fischer

The Second Amendment

            In my opinion, it is truly unfortunate that many Americans, if not most, have never read the Constitution or the Amendments.  Still, those same citizens often refer to their rights under the Constitution and its Amendments.  In order to understand the drama behind the battle for the “right to bear arms,” as debated by the American Rifle Association and the liberal left, it is important to know what the Second Amendment actually says  “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

            Note our Founding Fathers’ first words, “a well regulated Militia, being necessary to the security of a free State.”  These opening words are the heart of the 2^nd Amendment, not the  often quoted, “the right of the people to keep and bear Arms, shall not be infringed.” 

It is important to keep in mind the perspective of our Founding Fathers.  The time when this amendment was passed was December 15, 1791.  It was first proposed on September 25, 1789 as one of 12 proposed amendments.  It was only five years since the British had surrendered to the newly declared American States.  There were plenty of British sympathizers in the colonies, and the British, who were preoccupied with events in Europe, were still interested in reclaiming their colonies and their reputation.  In addition, Spain and France were still active players on the American Continent.   Conflicts and battles with the Spanish would foreshadow the coming war with the British. Then, in 1812, the British acted upon their interest in the War of 1812

It is equally important to understand that at the time, the American Armed Forces were generally not professional soldiers.  The Continental Army that General George Washington commanded was composed of citizen soldiers.  Many brought their own horses and arms.  The new Continental Government had neither the money nor contacts to provide these two necessary items of war.

Given the British issue, as well as the non-standing army, it is no surprise that our leaders choose to make it clear that citizens would have the right to bear arms under the guidance of a well regulated Militia.  The right to keep firearms was the nation’s way of making sure that the lack of a strong standing army would not allow European nations to think that they could attack the new nation.

 

 

The National Rifle Association, the Twenty-first Century and the Second Amendment

            As a young boy, I was well aware of the National Rifle Association (NRA).  At that time its primary focus was on firearms safety, marksmanship, and hunting.  The NRA from the 1930s through the early 1970s supported the National Firearms Act, and later the Gun Control Act of 1968.  The federal government of that time was not interested removing the “right to bear arms.”  The legislation called for restrictions on certain categories and classes of weapons and associated tools.  The focus on the right to bear arms began in the mid-1970s.   In recent years, the organization has become the leading advocate for the protection of the right to bear arms.  Just what does this mean?  As weapons have changed from the flint lock to the semi-automatic rifle that I used to hunt squirrels and rabbits, the Association has championed the right of the gun owner to possess the firearms of his or her choice.

Today semi-automatic rifles and pistols are legal to own.  However, our government (remember—We the People are the government) has decided to control the sales of fully automatic weapons and other types of military hardware.  Efforts to further regulate gun ownership and associated tools are strongly opposed by the NRA and its allies.  Lobbyists for the gun manufacturers, as well as the NRA, have been able to stop much of the legislation aimed at further controlling gun ownership.

Loopholes in gun sales requirements have allowed guns to be purchased by persons who might not pass scrutiny of a thorough background check.  Gun registration has been a suggestion that has been condemned by the NRA as being a “slippery slope” to government confiscation of firearms—even though there is no data to support this theory.

Gun Ownership, Violence, and the American Way

            Of all the countries on this globe, no nation has more gun violence than the United States.  Our citizens own more guns than any other country’s citizens.  Why?  The answer that is commonly given is that it is our heritage.  The gun “won the West”!  While it is certainly true that American frontiersmen would not be without a gun and most farmers had at least one gun for protection against varmints, the gun was viewed as tool rather than something purchased merely because a person wanted to have one.  Guns were not prolific until the 1980s when gun manufactures discovered a sporting and enthusiastic audience among the American public.

As a police officer in the early 1970s, I carried a Smith and Wesson .357.  The persons that I encountered in my work in Oklahoma, where open carry was allowed, might have a rifle or shotgun in a truck mounted rack or a .38 in a holster on their hip.  However, today’s officers often face persons carrying semi and fully automatic rifles and pistols with munition clips of 30 rounds.  The availability of weapons is a problem created by marketing on the part the gun manufacturers.  This includes the NRA and groups which focus on a “fear factor,” that somehow our government will want to confiscate our weapons.

While the NRA has genuinely stated, “Guns don’t kill, people do!”, the truth is that people find it much easier to kill using a gun than using their fists or a club. Furthermore, they may not kill a person if they didn’t have a gun at the ready—and instead had a chance to cool their temper.

Is There a Solution to the Conflict Between the Right to Bear Arms and Firearms Regulation?

            Of course, there is a compromise!  There is always a MIDDLE OF THE ROAD option!  It just takes the will of our elected representatives to make it happen.  First, the Second Amendment should be reaffirmed.  The focus should be on the first part of this amendment, “well regulated,” along with the right to bear arms. “Regulation” is the key word since the militia has been replaced by a federal standing army and the National Guard units.  The issue then becomes, what regulations are reasonable?  As a person who has hunted and worked as a police officer, I still have over 15 firearms, ranging from revolvers to rifles ( 2 semi-automatic) and shotguns.  I believe these tools are useful for hunting and in the case of the pistols, protection of property.  I personally see no reason to own fully automatic weapons or other weapons beyond those needed for hunting and basic protection of self and property.  Even the Old West had examples of peace officers such as Bat Matterson and Wyatt Earp, who imposed a no firearms ordinance for those who entered the city limits.

One final note is that some of my friends argue that they enjoy shooting all type of weapons and therefore should have the right to own them.  I would suggest that for those who want to enjoy the thrill of a fully automatic weapon or a large caliber rifle, their needs can be met at a local firearms range.  Weapons can be stored at these sites and checked out for those who wish to enjoy the thrills that they bring.  In this manner, the more dangerous, and unnecessary, tools will be controlled and thus not available for use in a heated moment, or for a well-planned shooting such as the recent event in Las Veg

Thanks for joining me!

Good company in a journey makes the way seem shorter. — Izaak Walton