A National Rifle Association-authored opinion piece in The Hill is rife with misleading claims about legislation that aims to expand background checks for gun sales and fix current deficiencies in the background check system.
Chris Cox, a regular columnist and top lobbyist for the NRA, claimed in an op-ed that proposed legislation to expand background checks would create a national gun registry and "criminalize" transfers of firearms between family members. In fact, expanded background check legislation reported to the Senate on March 12, known as the Fix Gun Checks Act of 2013, contains an exception for transfers between family members and federal law already prohibits the establishment of a national gun registry. Cox also misled about the effectiveness of the current background check system as an argument against making improvements.
In his March 18 column titled, "A universally bad idea," Cox claimed, "A mandate for truly 'universal' background checks would put the federal government squarely in the middle of every sale, loan or gift of a firearm between private individuals. In other words, it would criminalize all private firearms transfers, even between family members or friends who have known each other all of their lives."
The Fix Gun Checks Act, the leading piece of background check legislation, would require a criminal background check for nearly every gun sale to occur with some important exceptions. The legislation exempts "bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren" from the background check requirement. Other exemptions waive the background check requirement for temporary transfers for hunting and other sporting purposes.
The exemptions laid out in the Fix Gun Checks Act mirror the Obama administration's policy proposal on reducing gun violence, which called for background check legislation with "common-sense exceptions for cases like certain transfers between family members and temporary transfers for hunting and sporting purposes."
In addition to expanding background checks, the Fix Gun Checks Act also aims to improve the background check system by using a carrot-and-stick approach to incentivize states to submit disqualifying records into the background check system that are currently missing.
Fox News host Sean Hannity used prior comments from Sen. Dianne Feinstein (D-CA) about her past gun ownership to claim that her proposed assault weapons ban would deny Americans the same gun rights that Feinstein herself bragged about enjoying. In fact, the .38 caliber revolver Feinstein previously carried after being attacked by terrorists in the 1970s would not be banned under her proposal.
Feinstein turned her revolver over to police in 1982, citing the shooting deaths of San Francisco mayor George Moscone and San Francisco supervisor Harvey Milk as the impetus. [The Washington Post, 7/31/82 via Nexis] Feinstein, who was president of the Board of Supervisors at the time, discovered Moscone and Milk after they had been shot by ex-supervisor Dan White, and later described the incident as "a devastating moment. For San Francisco, it was a day of infamy."
On the March 18 edition of his show, Hannity played a clip from a 1995 U.S. Senate hearing on terrorism where Feinstein described how she carried a gun in the 1970s and claimed she was "bragging" about her prior gun ownership:
HANNITY: Now the interesting part, with all this gun control talk. You, for example, in New York City, very few people have the right to carry a weapon. It's almost impossible to get a carry permit in New York City. So she's not affording her fellow Americans the same right that she was bragging about back then.
National Rifle Association News host Cam Edwards complained about the arrest of New York linen mogul George Bardwil on illegal gun possession charges, even though Bardwil is currently under indictment for felony domestic abuse and is therefore prohibited under federal law from possessing a firearm.
Edwards' defense of Bardwil demonstrates how the NRA claims that existing gun laws should be better enforced while simultaneously undermining the enforcement of the federal prohibition on firearm possession by domestic abusers.
On the March 15 edition of Cam & Company on The Sportsman Channel, Edwards cited news reports in The Washington Times and The New York Post that described how Bardwil was arrested after police reviewed footage of Bardwil using a handgun that was not registered to him to scare off a would-be burglar at his Manhattan residence. New York City law requires that handgun owners register their weapons with the city.
During the segment, Edwards suggested that in New York, "you are still looking at three years in prison for acting in self-defense in your own home," even though the actual charge relates to Bardwil's alleged "criminal possession of a weapon" and not his conduct when confronting the would-be burglar.
Edwards also described the situation as "pretty awful" and said, "I thought we lived in the United States of America." He concluded by suggesting that New York City Mayor Michael Bloomberg could prove that he was not "anti-gun" by convincing the district attorney to not pursue charges against Bardwil:
EDWARDS: Mayor Bloomberg still has the, well I'll use the word tenacity, this is a family friendly show. Still has the tenacity and the gall to say he is not anti-gun. If that is the case, why don't you call up your buddy the DA, chew him out, and get those charges dropped against George Bardwil?
Conservatives in media are hyping the argument of Sen. Ted Cruz (R-TX) that a ban on assault weapons would be similar to the government deciding which books people are allowed to read, even though Cruz's argument is based on a misunderstanding of constitutional law and courts have held that assault weapon bans are constitutional.
During a March 14 meeting of the Senate Judiciary Committee, where a party line vote advanced an assault weapons ban proposed by Sen. Dianne Feinstein (D-CA) to the floor of the Senate, Cruz drew an equivalence between banning assault weapons and an act of Congress "to specify that the First Amendment shall apply only to the following books" or a law stating that the Fourth Amendment "could properly apply only to the following specified individuals, and not to the individuals that Congress has deemed outside the protection of the Bill of Rights":
CRUZ: It seems to me that all of us should be begin as our foundational document with the Constitution. And the Second Amendment in the Bill of Rights provides that "the right of the people to keep and bear arms shall not be infringed." The term "the right of the people," when the framers included it in the Bill of Rights they used it as a term of art. That same phrase "the right of the people" is found in the First Amendment, the right of the people to peaceably assemble and to petition their government for readdress of grievances, it's also found in the Fourth Amendment, "the right of the people to be free from unreasonable searches and seizures." And the question that I would pose to the senior senator from California is, would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment. Namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books, and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights. Likewise, would she think that the Fourth Amendment's protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?
Cruz's comments were promoted by Fox Nation, The Blaze, Red State, Breitbart.com, PJ Media, The Daily Caller and The Gateway Pundit. Breitbart.com wrote that Cruz "destroys" Feinstein's argument for an assault weapons ban. Red State ran a headline that Feinstein was struck by a "Ted Cruz Missile." The Daily Caller titled its article on Cruz's comments, "Ted Cruz offends Dianne Feinstein by bringing up the Constitution."
The praised heaped upon Cruz by conservative media outlets ignores that the junior Texas senator's constitutional argument is flawed because it fails to acknowledge longstanding and widely accepted limitations on all of the liberties guaranteed by the U.S. Constitution.
The National Rifle Association will feature Fox News' Sean Hannity during the 7th Annual NRA Women's Leadership Forum Luncheon, despite his association with a group whose leadership has claimed that one of America's greatest mistakes was allowing women to vote.
Hannity is slated to be the keynote speaker at the NRA Women's Leadership Forum Luncheon, "a coalition of philanthropic women united ... for Second Amendment freedoms," to be held at the NRA's annual meeting on May 3. Hannity is also an advisory board member of the Brotherhood Organization of A New Destiny, whose founder has come under fire for making radical statements against women.
In a testimonial on BOND's website, Hannity writes, "BOND has played an instrumental role in helping young men and women build lives which will help inspire the next generation. BOND continues to fight the good fight standing for the values of God, family, and country, and are deserving of our support."
Rev. Jesse Lee Peterson, the founder and president of BOND, was the subject of widespread criticism after engaging in an anti-women diatribe during a March 2012 sermon where he claimed "one of the greatest mistakes that America made was to allow women the opportunity to vote."
Gun researcher John Lott's chapter on firearms in his new book titled, At the Brink: Will Obama Push Us Over The Edge?, is filled with inaccurate claims about guns and firearm policy. Lott makes a range of misleading or blatantly false statements, including that the worst school shootings in the world have not occurred in the United States and that concealed carry laws help prevent mass shootings.
The National Rifle Association's stand against expanding the criminal background check system to all gun buyers has become a lonely one. The NRA has been abandoned by other gun lobby activists, conservative media figures, and the American public.
The first episode of Ted Nugent's new TV show featured a variety of bizarre antics by the National Rifle Association board member and conservative columnist, including the rocker apparently killing a chicken by slamming its head into the ground.
On March 4 The Sportsman Channel aired the first episode of a miniseries starring Nugent. Wanted: Ted or Alive is a survivalist reality show where five contestants are dropped into Nugent's ranch in the Michigan wilderness to compete in physical challenges and earn money.
In October 2012, Nugent was featured in a different special on the Discovery Channel that was described as "an inside look at American gun culture." While promoting Ted Nugent's Gun Country, Nugent promised to use the show to advance his views in the "culture war" and said to "expect that there will be at least a dozen shows a year." Only one episode of Ted Nugent's Gun Country ever aired and following the December 14 mass shooting at Sandy Hook Elementary School, a Discovery Channel spokesperson stated that Nugent would not appear on Discovery "in any form or fashion."
Here are four absurd moments from the Sportsman Channel program:
National Rifle Association president David Keene excused pro-gun activists at a New York rally last week whose signs depicted New York governor Andrew Cuomo as Adolf Hitler, saying that the attendees were "cognizant of the history" of supposedly anti-gun Nazi Germany and did not wish to see it repeated in the United States.
Keene was the featured speaker at the February 28 rally in Albany, New York against newly enacted gun violence prevention laws in that state. The rally drew controversy because some attendees brought signs portraying Cuomo as Hitler. In a March 1 interview with conservative radio host Fred Dicker, Keene agreed that the attendees were making a reference to "a 1935 law passed by the Reichstag [The Third Reich parliament] that took away people's rights to own firearms." Keene added that "Folks that are cognizant of the history not just in Germany but elsewhere look back to that history and say we can't let that sort of thing happen here."
But while gun activists commonly claim that Hitler implemented tougher gun laws to pave the way for his tyrannical reign, the Nazis actually loosened gun restrictions. In fact, the "1935 law" referenced by Dicker reportedly does not exist.
FRED DICKER: Some of the signs may have been a little over the top from the point of view of some people. But they fail, I think a lot of the people fail to have a sense of history that many the demonstrators have. And when they use the Adolf Hitler image they're not thinking of Adolf Hitler the monster of the Holocaust and of world domination. Many of them are thinking in terms of, I guess it was a 1935 law. It was passed by the Reichstag in Germany that took away people's rights to own firearms.
DAVID KEENE: That's right, and folks that are cognizant of the history not just in Germany but elsewhere look back to that history and say we can't let that sort of thing happen here.
As Alex Seitz-Wald wrote in an article for Salon, "the notion that Hitler confiscated everyone's guns is mostly bogus." Seitz-Wald summarized a 2004 law review article on the myth by University of Chicago law professor Bernard Harcourt to note that the German parliament essentially banned firearms in 1919 to comply with surrender terms in the Treaty of Versailles. The law remained in effect until 1928 when the Reichstag allowed private gun ownership with a registration requirement. In 1938 Hitler signed into law new discriminatory firearms laws that did away with restrictions for individuals aligned with the Nazis while outlawing Jews and other persecuted peoples from possessing weapons. As Seitz-Wald points out, the fact that Hitler loosened gun laws for some while banned firearms for others is not an indictment of gun violence prevention laws, but instead of fascistic policies
A member of the National Rifle Association Board of Directors compared states' efforts to strengthen gun violence prevention laws to Nazi Germany on an NRA news program, suggesting that Americans are being disarmed and that "the death of millions" could occur.
Ronnie Barrett, the outspoken manufacturer of a controversial armor-piercing sniper rifle and an NRA board member, made his prediction during the March 1 edition of the NRA's Cam & Company show on Sportsman Channel:
BARRETT: In all of history when this kind of stuff has happened before, it's bad news. You know and I hate to be one of these doomsday guys, but in past things like this result in the death of millions. You know, and World War II hasn't been 700 years ago, it's only been 70 years ago. And if people don't think that these things don't happen to modern, progressive, Christian nations like Germany was, they're wrong, brother, I mean we're sitting here just nearly repeating the same past of that, the disarming of the citizenry not based on any facts but based on cynical emotions that are put in and rushed through in the middle of the night before anybody has a chance to study the true facts, before their citizenry even knows what's going on. I mean holy smokes, what kind of state government was that? I can't believe that's one of the members of the Union here, one of the members of our Republic. It's just unimaginable.
Barrett made similar remarks on the February 5 edition of Cam & Company, suggesting that gun owners prevent "socialism" and make it so "you can't round up hoards of armed free people and put them in cattle cars."
It is not unusual for members of NRA leadership to distort history to compare stronger firearm policies to Nazism or the Holocaust. In his book, America Disarmed: Inside the U.N. & Obama's Scheme to Destroy the Second Amendment, NRA executive vice president Wayne LaPierre equated the United Nations Small Arms and Light Weapons Destruction Day, held on July 9, 2001, to Nazi propagandist Joseph Goebbels' order that books authored by Jews be publicly burned. He then suggested that the burning of guns could "help set the stage for mass executions of gun owners" just as Goebbels' order precipitated the mass killing of Jews: