Printed in the USA.
The Gottlieb-Tartaro Report
Issue 071
November, 2000
DANGER: PRO-GUN MASQUERADE
Watch out! A new national gun group, Americans for Gun Safety, recently made its debut. It is being touted as "centrist" and "common sense" in the media.
The group's rhetoric is disarming. One of its leaders told reporters, "Americans sense there's much more we can do to stop gun violence, and that we can do it without infringing on the rights of law-abiding citizens."
That's very acceptable to the average American. Even gun owners agree. And that's what's so dangerous about this new organization.
In fact, it is an anti-gun group trying to look pro-gun. The organization is not only using gun control jargon ("gun violence"), it is also pushing for gun control legislation in state ballot measures and numerous other anti-gun projects.
Americans for Gun Safety (AGS) was founded by billionaire ANDREW McKELVEY, CEO of the employment search firm TMP Worldwide and Monster.com.
McKELVEY is using his wealth - $12 million of it so far - to promote AGS, even going so far as to "buy" grassroots support, offering $80,000 for staff and equipped offices to any existing gun control group if they become a chapter. So far 28 have signed on.
McKELVEY, who says he is a registered Republican, has only donated political campaign money to Democrats, according to the Federal Elections Commission database. He is a big donor to Democratic Party campaigns and candidates, and has given $2,000 so far this year to anti-gun Democrat Congresswoman CAROLYN McCARTHY of New York.
According to the Associated Press, McKELVEY gave $1 million in soft money to Senator JOHN McCAIN (R-AZ) to make a 30-second TV spot supporting Oregon's Measure 5, titled, "A Gun Registration Act," and a similar one in Colorado.
That's quite a hypocrisy from a Senator who campaigned to ban soft money.
Oregon Republican Party Chairman PERRY ATKINSON denounced McCAIN for injecting himself into an issue that the state Republican Party had unanimously opposed.
McCAIN, it turns out, had not even read the ballot measure he supported in the TV ad. But that's the kind of clout McKELVEY's money can buy.
Media reports talk about gun control groups being offended by Americans for Gun Safety because it acknowledges the right to own guns - or seems to.
JONATHAN COWAN, named president of the AGS by money man McKELVEY, actually said, "with the right to own guns come responsibilities," not that he defends gun rights.
Of course, the vast and overwhelming majority of gun owners are responsible.
McKELVEY evidently feels that the right to own a gun is subject to his opinion of your "responsibilities" - and he thinks he has the cash to prove it.
McKELVEY should notice that the U.S. Constitution does not contain a Bill of Responsibilities, it has a Bill of Rights - with the Second Amendment in it.
The G-T Report will be monitoring Americans for Gun Safety closely.
ARIZONA GUN LAW BAFFLES POLICE, CITIES
A gun law took effect in Arizona this summer that has cities and town officials statewide scratching their heads trying to figure out what it means.As originally written, the law would have barred local governments from passing any laws controlling guns. But when cities and police agencies protested, the bill was watered down. The law as passed allows concealed-weapon permit holders to bring their firearms to public parks. It also allows communities to ban weapons in public buildings but says that if they do so, they must offer to store the weapon. The law affects about 33,700 Arizonans who have concealed-weapons permits.
Is the bill about public parks or public buildings?
Officials in the town of the Paradise Valley interpreted the law to mean that the town cannot stop a permit holder from carrying a gun into its city hall, police station or other public buildings.
The National Rifle Association's Arizona liaison, DARREN LaSORTE, said Paradise Valley got it all wrong. "I don't know how they got that interpretation. It only pertains to parks," said LaSORTE. Local governments can ban guns, even those carried by permit holders, into public buildings. But if they do, the municipalities must provide "reasonable accommodations" to store the weapons while the owners are on the premises.
But STEVE GENDLER, president of the Arizona Association of Chiefs of Police, says Paradise Valley was right. "Basically, if you have a concealed-weapons permit, we cannot prohibit them from bringing them into the building," GENDLER said. "On that point we all agree. Now what we do after entering the building is where the various cities are different."
Scottsdale requires people to take their weapons home or keep them in their cars.
GENDLER, police chief of Fountain Hills, said the town is studying whether to install metal detectors at Town Hall so that if a concealed weapon is detected, the gun owner can be asked to check it in.
"Phoenix is thinking of installing gun lockers," said RICK NAIMARK, Phoenix City Council executive assistant.
State Rep. BILL McGIBBON, R-Green Valley, one of the bill's co-sponsors, said its purpose was to make gun regulations consistent statewide.
Even ALAN KORWIN, author of the respected Arizona Gun Owners Guide, is stumped. "A lot of folks rely on my turning this thing into English. I haven't because I can't," he says. KORWIN believes the issue will end up in court.
FEDERAL JUDGE UPHOLDS MASSACHUSETTS BAN ON SHOOTING AT HUMAN IMAGE
A federal judge has thrown out a lawsuit brought by the Gun Owners Action League who said a state law banning target practice on human images violates their rights.In a two-page opinion issued recently, U.S. District Court Judge George O'Toole dismissed the challenge of the Massachusetts Gun Control Act of 1998, brought by the Gun Owners Action League and other pro-gun groups.
"We're disappointed that the right to freedom of expression of law-abiding firearm owners would be given such short shrift," said STEPHEN HALBROOK, the Gun Owners Action League's lawyer.
According to HALBROOK, many gun owners like to shoot at targets bearing famous faces - ADOLPH HITLER's in particular.
"We made an argument that this is a political expression," HALBROOK said. "If the First Amendment right to free speech protects burning the American flag, then it should protect shooting at a picture of ADOLPH HITLER."
GOAL may appeal the decision, HALBROOK said.
STATE REPRESENTATIVE WILL REINTRODUCE WISCONSIN BILL
If Assembly Bill 605 had passed in the Wisconsin Legislature this year, state citizens could legally carry a licensed gun on their person at all times.However, AB 605, introduced by State Rep. SCOTT GUNDERSON (R-Union Grove) in February, died. GUNDERSON will try to revive it. He was determined to re-introduce the bill after he was attacked behind his sporting store in July.
"I have to wonder, if we had concealed carry in this state, would that person have come up to me and attacked me?" he told reporters.
The anti-gun Wisconsin Public Policy Forum claims that only 17 percent of those it surveyed believe that Wisconsinites should be allowed to carry concealed weapons.
Forty-three states have right to carry laws.
JERRY BONAVIA of the Wisconsin Anti-Violence Effort had fought GUNDERSON's proposal from the start.
"I think it's a really bad idea for Wisconsin," he said. "This isn't being driven by the public, people aren't saying we really need to be able to carry concealed weapons."
GUNDERSON is gearing up to fight for changing the law.
GUN SUIT AWAITS OHIO HIGH COURT RULING
Hamilton County Common Pleas Court Judge ROBERT RUEHLMAN will wait until the Ohio Supreme Court acts before he decides whether to throw out a lawsuit that challenges Ohio's anti-concealed weapons law.Because the city of Cincinnati is appealing RUEHLMAN's decision not to allow out-of-state attorneys to help the city with the case, RUEHLMAN announced that his decision and the trial will be delayed until the city's appeal is resolved.
Four individuals and a non-profit group sued Cincinnati, Hamilton County and all the police jurisdictions in the county, claiming Ohio's current statute that outlaws carrying a concealed weapon is illegal. The Second Amendment Foundation provided major funding and support for the lawsuit.
RUEHLMAN scolded city attorneys for not following rules in trying to have Washington, D.C. attorneys added to the case. City attorneys assumed RUEHLMAN approved the entry appointing the attorneys, and they failed to schedule a motion for the issue to be heard. Because there was no hearing on it, RUEHLMAN denied the request.City attorneys appealed that decision and, when the appeals court agreed with RUEHLMAN, appealed that decision to the Ohio Supreme Court.
The police jurisdictions have asked RUEHLMAN to throw the case out.
FLORIDA COUNTY COMMISSIONERS MANDATE GUNS TO BE LOCKED
Miami-Dade County commissioners voted recently to require gun owners countywide to lock up their firearms if a child could get those guns.The commission voted 8-1 to copy the city of South Miami and impose a safety requirement stricter than state law.
The ordinance will require gun owners to secure weapons in a locked box or with a trigger lock if that weapon is left where a child could retrieve it.
Gun owners who violate the law face 60 days in jail and a $500 fine.
The National Rifle Association has challenged the South Miami law in court, and opponents of the county ordinance promised to do the same.
"We are not opposed to gun locks. We are opposed to the mandatory requirement," LAURA CORRISS of North Miami told commissioners.
CORRISS, a member of Citizens for the Right to Bear Arms, said her organization would go to court to challenge the new law if the NRA did not.
CORRISS said the law might lead to more gun deaths. Loaded guns may go off accidentally if gun owners attempt to install a trigger lock, she said. Those locks also could prevent homeowners from defending themselves from a violent intruder or burglar, CORRISS argued.
But supporters described the law as "a common-sense precaution that would prevent children from harming themselves or others." The fight goes on.
(NOT VERY) MIXED SIGNALS FROM THE UK GOVERNMENT
The British government recently approved pistol shooting events at Britain's 2002 Commonwealth Games, while at the same time tightening already severe gun laws.Despite an existing national ban on handguns, Home Secretary (Interior Minister) JACK STRAW said pistol shooting events would be allowed at both the Commonwealth Games and the 2001 Commonwealth Shooting Federation competition following a request from the National Rifle Association.
"Permission to possess pistols will be granted to competitors (British and overseas) and officials for a very limited period (immediately before, during and immediately after the competitions)," a government statement said.
"The decision does not affect the existing handgun ban. The Government remains committed to the ban and there are no plans to lift it or relax it," it added.
Handguns have been illegal in Britain since 16 children were shot to death at a primary school in Dunblane, Scotland in 1996.
The same day, Home Office Minister CHARLES CLARKE said Britain was beefing up firearms controls, including tougher restrictions on shotguns, establishing a national database of firearms certificate holders, curbing activities which might foster a "gun culture," and raising the minimum age for owning a gun to 18.
The decision was made after ministers listened to responses from groups including the Association of Chief Police Officers, the British Association for Shooting and Conservation, the Gun Control Network and Countryside Alliance.
A rise in criminal shootings was cited as the reason for the measures.
"Our firearms controls are already among the strongest in the world, and these new proposals will increase their effectiveness," CLARKE said in a statement.
Police hailed the move, but it angered the countryside lobby, which is a staunch defender of shooting for sport.
"We realize this is an emotive subject, with strong feelings on either side. We are also aware that many people enjoy properly conducted shooting sports and we celebrate their competitive success - most recently at the Olympic Games," said CLARKE.
BRAZIL OVERTURNS GUN CONTROL DECREE
Brazil's Supreme Court recently overturned a decree that restricted gun sales as part of the government's efforts to control rising crime.Ruling on an appeal, the court's 11 justices voted unanimously to overturn a June 21 decree that banned the issuing of gun permits through the end of the year.
Chief Justice CARLOS VELLOSO said the decree had no impact on crime in a country where recent statistics say a killing takes place every 13 minutes.
"Criminals don't buy their weapons in gun stores," he said.
The appeal argued that the decree undermined the right to self-defense and violated the constitution's free enterprise guarantees. The court agreed.
The decree was part of a major anti-crime package introduced in June. The $1.7 billion National Security Law also provides for the hiring of 2,000 new federal agents, improved training and equipment for police forces and better street lighting.
GUN LESSONS ARE SUDDENLY ISRAEL'S HOT ITEM
KADY HARARI, an Israeli woman originally from Flatbush, Brooklyn, is taking shooting lessons at the Battle Shooting Range in Jerusalem. Back in New York, she would never have touched a gun - and wouldn't want you to, either.But as the Israeli-Palestinian conflict heats up, Ms. HARARI and hundreds of primly dressed Israeli women are qualifying for gun permits so they will be able to defend themselves from hostile gunfire.
"We feel like it could happen anywhere in the city," Ms. Harari said of the fighting in Jerusalem neighborhoods. "We also feel that the army isn't doing what it can do. The army is holding back. At a funeral last week I personally saw soldiers crouched behind boulders while the settlers were running after the Arabs. That was the trigger point for me, so to speak."
Gun shops in Israel report a substantial rise in weapon and ammunition sales.
BRING BACK THE BUY BACK? MAYBE NOT
The days of gun buybacks have come and gone. It's almost five years since the last big goods-for-guns event. Now they're trying a comeback.But things aren't like they were in the '90s when gun buyback programs were the gun control crowd's "flavor of the month."
Experts are realizing what most gun owners knew to begin with: criminals aren't going to turn in their guns, no matter how much you pay them. And that's putting a damper on renewed enthusiasm for buybacks.
Most of us recall the urban crime scare of the '90s. Big cities became battlefields, with gang member shootings, drug dealer shootings, and general mayhem, particularly in public housing projects. Police couldn't deal with the shootings. They were even afraid to go into some public housing projects.
How do you deal with such a stubborn problem?
Some well-meaning bureaucrat got the brilliant idea for gun buybacks. The battle cry, "Everybody turn in your guns," caught on and a few big-city governments started paying people to turn in their guns.
It was a media circus. Guns for money. Guns for food. Guns for concert tickets. Guns for therapy, for shopping trips, for practically anything. According to one newspaper, one town in Illinois even traded firearms for a free table dance at a strip club, Buns for Guns.
The publicity was intense. Police displayed bins of turned-in guns. Private sponsors poured money into the programs.
With criminal shootings again on the rise this year, the cry to bring back the buyback is growing among some activists.
This time, however, crime specialists and some police officials are warning against them, saying buybacks were - and are - among the least effective tools for public safety.
Studies of gun buybacks, including a Harvard analysis of Boston's program, say unanimously that the programs don't work. Boston Police Commissioner PAUL F. EVANS told the Boston Globe that in retrospect, buybacks failed to produce the impact many had hoped for or expected.
Boston Mayor THOMAS M. MENINO went last year with other mayors to an event on the White House lawn, where President CLINTON announced his $15 million federal program to fund buybacks through local housing authorities. But the mayor isn't buying the buyback.
"You have to step back and analyze the bottom-line results," EVANS said. "We found the neighborhoods where we needed the guns to come in were the neighborhoods that brought in the fewest guns."
Some towns are participating in the program, operated by the U.S. Department of Housing and Urban Development. According to HUD, the federal government would provide $43 for every $100 a city uses toward the program.
The national buyback program has recovered 21,600 guns from 95 public housing developments, according to HUD officials. But that doesn't mean much for crime.
According to a study of Boston's 1993 and 1994 gun buybacks by Harvard criminologist DAVID KENNEDY, few buyback guns were the semiautomatic pistols used in crimes. Nearly 75 percent of the guns were made before 1968, with some qualifying as museum pieces.
A series of studies published by the Washington D.C.-based Police Executive Research Forum found buybacks could even be counterproductive.
In cities such as St. Louis and Seattle, surveys of buyback participants showed that a significant minority planned on using the money to buy a new gun.
In St. Louis, the surveys showed that those who had been arrested at least twice were three times as likely as law abiding citizens to say they would buy a new weapon; 18- to 34-year-olds were 10 times more likely than older participants to say they would do so.
With all these negatives in buybacks, cities are concentrating on investments in youth activities, community policing, and drug intervention as more cost-effective ways to reduce personal violence.
SMITH & WESSON CUTS WORK FORCE, MAYOR SEEKS AID
Smith & Wesson has cut about 15 percent of its work force, blaming slumping sales and a boycott by buyers angry over its gun-safety deal with the government.The company said that about 125 workers, including some managers, were laid off recently at the company's Springfield, MA, plant. Springfield Mayor MICHAEL J. ALBANO is seeking a grant from an emergency fund at the U.S Department of Labor with the help of senators and congressmen. The mayor is also asking the state Department of Employment and Training's support for a retraining and placement program.
"One of the frustrating things for us is that some of the damage has been done by the pro-gun side. Some of the employees leaving here are members of these pro-gun organizations," said KEN JORGENSEN, a Smith & Wesson spokesman.
JORGENSEN linked his company's latest layoffs to both an industry-wide slump in sales and the reaction of some consumers to the gun-safety agreement.
Under the agreement signed with municipal, state and federal officials in March, Smith & Wesson promised to demand background checks on gun-show buyers, install safety locks, and work on high-tech guns that can be fired only by their owner. In exchange, public officials agreed to drop Smith & Wesson from some city and other government lawsuits challenging the safety and marketing practices of the gun industry.
Smith & Wesson was the nation's biggest handgun maker for years, but Sturm, Ruger & Co. surpassed Smith & Wesson last summer in number of handguns sold. Smith & Wesson's workforce peaked at about 2,000 in the mid-1970s. There are currently 725 workers in Springfield and 100 in Houlton, Maine.
Company officials have acknowledged they would consider selling Smith & Wesson. But Smith & Wesson officials have said in recent months that it would be virtually impossible to find a good buyer now.
Smith & Wesson is the country's oldest gunmaker. HORACE SMITH and DANIEL B. WESSON founded the company in 1852 to develop a gun that could shoot self-contained cartridges, avoiding the need for loose gun powder, balls and primer.
Smith & Wesson is known historically for its widely used six-shot revolvers and weapons that were once standard sidearms for U.S. soldiers.
GERMAN BUSINESSMEN BUY SIG ARMS UNIT
Two German hunting enthusiasts are buying most of the small arms and rifles business of Swiss industrial group SIG Holding AG.SIG recently reported it has concluded the long-awaited sale to MICHAEL LUEKE and THOMAS ORTMEIER, north German textile entrepreneurs.
Both sides agreed not to disclose the selling price of the SIG units that manufacture pistols, hunting rifles and gun barrels, but SIG Chief Executive ROMAN BOUTELLIER told a news conference the deal would entail a book loss of less than 200 million Swiss francs.
LUEKE, a fan of SIG's Blaser rifles, had heard Blaser was for sale and became interested in the bulk of the arms unit after contacting SIG's advisers KPMG.
The takeover would be financed through a mix of private funds and bank credits, said LUEKE, who with ORTMEIER runs the 150 million mark TVVE industrial textiles group.
The deal, which involves the loss of 100 jobs while preserving 700, needs the approval of the Swiss monopolies commission.
The sale to the wealthy private investors came after SIG had been ignored by industry leaders, who were reluctant to raise their exposure to the U.S. market which has been marked by increasing litigation over incidents involving firearms.
BOUTELLIER, who did not name the companies SIG had talked to, said overcapacity also characterized the market, but forecast a return to operating profit at SIG Arms in 2001.
The SIG arms division makes firearms for law enforcement, military and special units as well as hunting and target arms.
It includes leading international makes such as Mauser and Sauer.
GUN NEWS TICKER: SHORT TAKES ON GUNS
• California gun shops are worried that the new year will bring empty shelves with nothing to sell. On January 1, 2001, all handguns sold in the state must have been certified as safe and appear on a state list for a dealer to sell them. Out of the 500 or more makes and models of handguns made, only 15 are on the list so far, all of them Rugers. Manufacturers have to pay $200 per gun and submit three samples for testing to get a model certified. Gun makers are unlikely to let the huge California market get away, but dealers are beginning to sweat about the tiny list just two months before the law takes effect.
• The Chicago Tribune surprised gun owners by urging Mayor DALEY and the city to scrap their plans for an appeal of Chicago's lawsuit against the firearms industry. A Cook County circuit judge dismissed the suit, leading the Tribune to editorialize, "It's an excessive stretch to blame gun makers for the fact that criminals buy guns and use them in illegal ways - just as it would be dubious to blame Detroit for all the auto accidents caused by bad drivers. Firearms manufacturers and their distributors are subject to extensive regulation by federal, state and municipal governments, with penalties provided for those who violate the law. The mayor would be well advised to go back to the old-fashioned approach: pushing for strict laws and tough enforcement."
• Scottsdale Insurance Company has been ordered by Federal District Court Judge JACK B. WEINSTEIN to adhere to its contract and defend RSR Wholesale Guns in a negligent marketing suit filed against RSR and various other gun distributors by the NAACP. Scottsdale Insurance had argued that it was not obligated under its policy to indemnify RSR for any damages that might arise out of the suit, but WEINSTEIN ordered that they were indeed obligated under New York law and "Scottsdale must therefore defend."
• The anti-gun lawsuits by the City of Detroit and Wayne County are on hold pending a decision of Circuit Judge JEANNE STEMPIEN on the question whether a Michigan state law nullifies those lawsuits. The state legislature passed the law last spring that places the authority to file such suits only in the state attorney general. Similar questions are pending before the courts in Georgia and Louisiana, where state laws have been enacted that would void the lawsuits filed by the cities of Atlanta and New Orleans.
• The U.S. Justice Department is refusing to release data on the enforcement of federal gun laws. The Executive Office for United States Attorneys (EOUSA), a federal agency, failed to comply with Freedom of Information Act (FOIA) requests to obtain data for analysis. The FOIA requests were submitted by the Transactional Records Access Clearinghouse (TRAC), which analyzed previously-released data showing federal referrals of gun prosecutions declined 44% in the first seven years of the Clinton-Gore administration. TRAC has filed a lawsuit against EOUSA to force release of the data. In light of Clinton promises to ensure "the widest possible disclosure of government documents," one wonders what the administration is hiding.
• Attorney General JANET RENO recently released a federal study showing that school violence fell steadily over the last eight years and schoolhouse murders remain rare. The decline is masked by high-profile school shootings, admitted RENO. The Justice and Education departments concluded in the report that thefts, rapes and assaults dropped by close to a third since 1992, and fewer children are getting caught in guns in school. Fewer also are getting into fights and fewer getting killed in school.
• Gun rights supporters have filed suit against the Montclair, New Jersey, school board for violating their civil rights by refusing to allow residents to distribute a pro-gun leaflet opposing an anti-gun leaflet the school board had allowed to be distributed. The Association of New Jersey Rifle & Pistol Clubs (ANJRPC), Moms of Gun Safety, and residents of Montclair brought the suit to assert their rights. The "Million Moms" organization obtained permission from the Montclair Department of Instruction to distribute a leaflet for a rally for the Smart Gun bill, S-2045, but refused a request to distribute a leaflet announcing a rally against the bill.
STATE FARM'S NOT THERE
"Like a good neighbor..." sings the big insurance company's TV commercial. Everybody knows the rest of the jingle: "State Farm is there."Well, they're not. Not if you're a gun owner.
No, it's not written in the insurance policy. And, no, it's not written in the fine print. It's not written anywhere.
Except in the cancellation notice.
A State Farm customer - for 34 years - found out the hard way that the company is likely to cancel your insurance if you own a gun. Gary Atkinson is his name. He and his wife Lisa live in rural South Carolina.
They own a couple of small parcels of land out in the country 25 miles south of the capitol in Columbia. Their acreage lies at the end of a dead-end country road. They have 15 neighbors strung down the long road.
The Atinksons don't need a TV jingle to tell you they're a good neighbor.
They know everybody down their lonely road. Their kids play together, they swim in each other's ponds, they all throw a big "block party" several times a year. Lisa prepares meals for shut-ins. When Mike, their neighbor across the road, fell and broke his back, Gary built special rails on Mike's front steps so he could get in and out of his house. A good neighbor.
Gary long ago bought homeowners insurance from State Farm to protect the assets he'd built up. He had a fine record, with only three claims in 34 years.
Then one day Gary was in the local State Farm office and casually mentioned that he'd been practice shooting in a ravine on his second piece of land, away from the house. The agent went ballistic. She questioned Gary. Shooting? With guns? Gary even took her to the ravine to see how safe it was.
State Farm cancelled him flat for what they called "the operation of the shooting range on your property." Shooting was a "factor of increased risk."
Gary tried to get reinstated. Talked to the agent. Asked to see the fine print where it said you couldn't shoot. Not there, said the agent. Gary even bought special shooting insurance and asked that shooting liability be removed from his State Farm homeowners policy. They still wouldn't insure his home. All the insurance companies had unwritten rules against gun owners, said their agent, so it was no use to shop around.
Gary did shop around, and he quickly found many companies happy to insure safe shooters. So his story ended well.
But if State Farm isn't there for gun owners, should we be there for them?
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