Printed in the USA.
The Gottlieb-Tartaro Report
Issue 061
January, 2000
SCHUMER RELEASES BOGUS GUN "STUDY"
U.S. Senator CHARLES SCHUMER (D-NY) has released a "study" rigged to lend credibility to anti-gun lawsuits and pave the way for further gun control laws.
Put together by SCHUMER’s own staff, the report is based on Bureau of Alcohol, Tobacco and Firearms (BATF) gun tracing figures, which were twisted by using several well-known propaganda techniques to make gun dealers sound bad.
The gist of the SCHUMER report is that many guns used in crimes can be traced back to 140 gun dealers who legally sold a firearm to someone with a clean record who then illegally sold it to someone who could not pass a background check.
HOT EMOTIONAL WORDS. The SCHUMER report uses inflammatory rhetoric to make honest sales sound illegal: the honest gun sellers are stigmatized as the "140 High Crime Retail Dealers." Their legal sales are branded as "massive gun trafficking." That bolsters several lawsuits now accusing gun dealers and manufacturers of not checking whether their customers intend to illegally resell their products.
MISDIRECTING ATTENTION. These emotional words misdirect attention, just like a stage magician performs a disappearing act. SCHUMER is not actually accusing the so-called "high crime" gun stores of making illegal sales, but his report sounds like he is. That misdirects your attention from SCHUMER’s real purpose: new laws requiring registration of every third-party gun purchase, and penalizing gun manufacturers for not tracing sales through legal dealers to the third party who illegally sells a gun later used in a crime. That’s like blaming General Motors and its dealers for not tracing third-party sales of getaway cars to bank robbers. If that was clear, it would spoil the magic trick and make the whole idea sound stupid.An attempted purchase of a gun by a violent criminal is a crime carrying a 10 year federal prison sentence. The CLINTON-GORE Administration has an abominable record of failure to prosecute this crime. SCHUMER doesn’t want the laws already on the books enforced, he wants to create a new, massive, and costly federal bureaucracy to keep computer databases of law-abiding gun owners, something specifically forbidden by federal law. His report simply misdirects attention from proper law enforcement to more gun control, just like a stage magician makes a lady disappear and a tiger show up in her place.
LYING WITH STATISTICS. SCHUMER’s report cites all kinds of numbers: "These 140 gun stores, representing 0.13% of all federally licensed retail dealers, are the source of 19.3% of the 180,791 guns which ATF traced to a retail dealer between 1996 and 1998." Wow! Very impressive! Only, it’s totally meaningless.As the Congressional Research Service emphatically stated, "The BATF tracing system was not designed to collect statistics. ATF does not always know if a firearm being traced has been used in a crime. A trace can occur for any reason. No crime need be involved."
In other words, any broad conclusions drawn from ATF’s tracing data are bound to be fundamentally flawed, like SCHUMER’s.
But SCHUMER is a master of propaganda technique, and his magic act will go on. The real trick is to show the public how to see through SCHUMER’s smoke and mirrors.
GUN-BUYER BACKGROUND CHECKS rise
The FBI recently announced that more than 1 million background checks were conducted nationwide for prospective gun buyers during each of the months of November and December in 1999.
"We expected a December spike based on Christmas sales," said DANIEL WELLS, acting operations manager for the FBI’s National Instant Criminal Background Check system based in Clarksburg, W. VA. "It was a bit larger than we expected."
Federal officials conducted 162,595 background checks during the third week of December in 1999 as compared with 129,558 during the same period in 1998, WELLS said. That increase could be attributed to Y2K scares or the fact that more people have money to spend, he said.
Observers asserted that the increase was really due to the new California gun control laws that take effect in January 2000 and to Clinton pushes for new anti-gun laws.
WELLS said the surge may be a quirk because December 1998 was the first month of the nationwide background check system. It will take three or four years of figures in order to satisfy officials that such increases are statistically significant.
State and federal officials have conducted 9,823,408 checks since the system became operational on November 30, 1998.
The computerized checks replaced voluntary checks by state and local police and sheriffs that were begun in 1993.
The federal Brady law required the nationwide checks to prevent guns from being sold to people convicted or under indictment on felony charges, fugitives, the mentally ill, those with dishonorable military discharges, those who have renounced U.S. citizenship, illegal aliens, illegal drug users and those convicted of domestic violence misdemeanors or under domestic violence restraining orders. State laws add other categories to the disqualified person list.
CALIFORNIA GUN RUSH
With a new gun control law taking effect the first of this month, California officials say there was a boom in firearms sales across the state in the weeks leading up to a ban on semiautomatic rifles tagged with the negative words, "assault rifles."
Like the gold rush of the 1840s, people were getting theirs before it was gone.
"Everybody was trying to get it while they can," said PAT GLAZE, who owns the Cordova Shooting Center in Rancho Cordova. "My sales were probably triple the normal for that time of year. It’s mostly the guns they call assault rifles, although we don’t call them that."
People who would otherwise never think of owning a semiautomatic rifle resented the gun ban and bought one — or more, gun sellers said.In December, 1998, BRIAN SUBIA did own a semiautomatic rifle. Now he has nearly a dozen. He’s just one of thousands of shoppers who beat the deadline.
The California Department of Justice reported that sales statewide in December, 1999, had risen from 1,200 guns a day to as many as 3,000 a day.
The new law banned semiautomatic rifles, pistols, or shotguns that have removable magazines and include: a magazine that holds more than 10 rounds, a pistol grip that protrudes conspicuously, a thumb-hole stock, a second handgrip, a folding or telescoping stock, a grenade launcher or flare launcher, or a threaded barrel capable of accepting a flash suppressor or silencer.
Bans on guns clearly backfire. Everybody who wanted one got one — or a dozen.
UPS TAKES HEAT FOR POOR SECURITY IN GUN DELIVERIES
You don’t think of UPS as a shipping company that supplies stolen guns to gangs.
But some gun dealers are so upset about a string of thefts from UPS deliveries that they are complaining loudly about the shipping firm’s security problems.
It was big enough news for the Washington Post to cover it with a long front page news article.
The Post report was triggered by recent convictions of three UPS conveyor belt workers who stole 29 handguns from the Landover, Virginia UPS distribution center, and sold them on the streets for $250 to $350.
They saw gun shop addresses on packages and sneaked them inside delivery trucks, where they secretly slit the packages open, stole the guns, and resealed the parcels, hiding the firearms in bulky jackets to avoid detection when leaving the premises.
The three UPS package loaders, Darris Marlon Banks, 19, of Temple Hills, VA, Carlos Ramon Jones, 28, of Landover, and Anthony Rondell Barnett, 28, of Lothian, were convicted in the weapon thefts. They worked the overnight shift, making $10.75 an hour, stealing guns day after day.
One such pilfered package went to Maryland Small Arms, said store manager CARL ROY. His employees called UPS several times about the gun thefts but couldn’t get the company to respond.
"UPS wouldn’t do anything," he said. "We complained and complained, but they wouldn’t even come out to take a report."
Federal law enforcement officers said that UPS was extremely cooperative in their investigation that led to the arrests.UPS spokesman BOB GODLEWSKI said "several hundred" guns are stolen from the Atlanta-based company each year. He did not give a specific number.
An estimated 5 million guns are shipped each year by commercial carrier, and about 80 percent of those move through UPS. Generally firearms can only be shipped to licensed dealers, manufacturers and wholesalers.
The U.S. Postal Service is legally barred from shipping handguns through the mail, but it can deliver shotguns and rifles for licensed dealers.
Many of the thefts in the UPS have proved to be inside jobs plotted by employees who often turn out to have prior criminal records.
After the thefts from its Landover distribution center, UPS changed its rules and now requires handguns to be sent by next-day-air service, which is much more expensive than the ground delivery method. Federal Express Corp. and Airborne Freight Corp. also require guns to be sent next-day-air.
UPS officials say that method allows packages to be tracked more closely and reduces the time they are sitting around, which makes them less vulnerable to thieves. Rifles and shotguns, however, can still be sent by standard ground delivery.
But some gun dealers say UPS has forced them to pay more to have guns shipped overnight, even though it is more expensive for the consumer.
"They’re punishing us for their incompetence," said SANFORD ABRAMS, owner of Valley Guns in Towson, Maryland, and president of the Maryland License Firearms Dealers Association. "We’re livid that we have to pay for UPS’s inefficiency and lack of security. They should secure their facilities and check the backgrounds of their employees to make sure they aren’t hiring criminals."
GODLEWSKI said UPS made the change "to minimize the risk, even though it might be more expensive for the consumer."
GEORGE RICE, owner of a gun dealership called Shooters Paradise, said that over the past two years, 70 guns being shipped to his two stores through UPS have not been delivered. He criticized the company’s security division as slow and half-hearted.
"The people they have checking [the problem], I don’t think they could catch anybody if they did it right in front of them," RICE said. "They would never follow through. Every time I contacted them, it was like, ‘Oh, it’s no big deal.’ It’s asinine. Everybody knows the guns are all going right to the streets, to the gangs."
UPS acknowledged that some criminals slip by their job applicant background checks. Most people are honest, but bad apples get through, said GODLEWSKI.
PRESIDENT CLINTON’S ANTI-GUN PROGRAM FOR 2000
In a recent White House press briefing by Press Secretary JOE LOCKHART, the administration’s gun control plans for its last year in office were spelled out. Avoiding Congress and making policy by administrative directive and lawsuits are at the top of the agenda. Here’s what LOCKHART said:
"We believe that Congress has frustrated the American public on the issue of gun safety, that we have more than enough evidence that we need to take steps. So we’re going to move aggressively to work with Congress on issues that we’ve put before them, but we’re not going to rely on Congress. We’re going to find other avenues. We’re exploring using both our executive authority vested in the President and we have discussed potential litigation against the gun industry."
NEW JERSEY SENATE CANDIDATE TAKES LUMPS FOR OPPOSING GUN CONTROL
Republican U.S. Senate candidate MURRAY SABRIN recently attacked a call for an aggressive gun control campaign by a leading Reform Jewish organization.
In turn, the man who called for the campaign, Rabbi ERIC YOFFIE, president of the Union of American Hebrew Congregations, lashed out at Sabrin for suggesting the Holocaust was a result of gun control in 1930s Europe.
SABRIN, a finance professor at Ramapo State College, who is endorsed by the Coalition of New Jersey Sportsmen, said gun control denied people the ability to defend themselves. SABRIN’s parents were Polish Jews who survived the Nazis and came to the United States in 1949.
SABRIN’s argument was that his father taught him that people paid an enormous price for ignoring a potential threat in gun registration. "I’m not suggesting something like that could happen here, but the people in Europe never thought it would happen there."
YOFFIE said that gun control does not undermine civil rights. "We have a society that has turned weapons into idols. The worship of idols is blasphemy. The only reaction should be sustained moral outrage."
DEMOCRAT PRESIDENTIAL HOPEFUL BRADLEY TOUTS GUN CONTROL PROGRAM
BILL BRADLEY recently spoke before about 250 people at the Shaker Heights Community Center in Columbus, Ohio, citing the shooting death by a stalker of 16-year-old Penny Craig on her way to school in the suburb last March as an example of the need for more gun control.
BRADLEY, a former senator from New Jersey, repeated his call for a ban on the manufacture, sale and distribution of "small guns that are only used to kill people."
BRADLEY also advocates gun-owner licenses and registration of all guns to establish a way of tracing those used in crimes. He also would ban gun shops in residential neighborhoods, mandate child-proof locks of all guns and require background checks at gun shows.
REPUBLICAN PRESIDENTIAL HOPEFUL FORBES COURTS THE GUN VOTE
STEVE FORBES spoke at Riley’s Sport Shop in Hookset, New Hampshire recently, saying he has not used a firearm since he did some skeet shooting as a child.
"Obviously, I wasn’t good enough to make the Olympic team, but I did enjoy it," he joked.
He emphasized what he had earlier told an audience of journalism students at a St. Anselm College forum in Manchester: He favors enforcing existing gun control laws rather than passing new regulations.
There are about 20,000 gun laws on the books and the CLINTON-GORE administration has done a poor job of enforcing them.
"The killers at Columbine [high school in Colorado] violated at least 17 different laws," FORBES said.
He also noted that though there have been 12,000 cases in the past two years of students bringing guns to school, only about 14 have been prosecuted.
COPS QUESTION PUFF DADDY AND JENNIFER LOPEZ IN N.Y. SHOOTING
Rap star SEAN "PUFFY" COMBS and actress-singer JENNIFER LOPEZ were questioned after a gun was found in their car as they left a Times Square-area nightclub in New York City. Three people had been shot and wounded at the night spot.
LOPEZ, 29, and COMBS, 30, were taken into custody after a vehicle in which they and two other people were riding allegedly sped away from the club. Police said they found a handgun in the vehicle and initially said LOPEZ, along with COMBS, had been charged with criminal possession of a weapon and criminal possession of stolen property.
Later, however, a police spokesman said the district attorney had decided not to prosecute LOPEZ at this time.
JAMAL BARROW, 19, was arrested at the club and charged with attempted murder and criminal possession of a weapon.
GUN MAKERS GIVE BATF ACCESS TO RECORDS
Five of the nation’s large gun manufacturers and wholesalers have created various computer links that allow the Bureau of Alcohol, Tobacco and Firearms to track weapons directly from manufacturer to retailer.
A sixth company, Beretta, is creating a link. The links will allow agents to more easily trace guns used in crimes.
H&R 1871 Inc., a gun manufacturer based in Gardner, MA, was the first to create a link for BATF, opening its records in 1996. Arizona wholesaler Davidson’s Supplier, Smith and Wesson Inc., Taurus, and RSR Group Inc, a wholesaler in Winter Park, FL, have recently created similar links.
In addition to Beretta, 10 other manufacturers or wholesalers are expected to give BATF direct access to their gun serial numbers and trace records within the next year.
The records that BATF can use are limited by federal law. They include the firearm’s serial number, a brief description of the gun to insure that the serial number hasn’t been altered, and information on whom it was sold to and when. The records of wholesalers and manufacturers do not include the names of individual gun buyers.
Gun rights groups say the system sounds good, but gun rights groups don’t trust the federal government.
USA Today quoted ALAN GOTTLIEB, founder of the Second Amendment Foundation, as saying, "The problem is the trust, or lack of, we have in government agencies not to misuse it. By and large, nobody has any real problem with the records, but we can’t jump up and down and say it’s a great program, even if it is."
SCHOOL GUN RAFFLE A HUGE HIT
The Hobgood Academy, a private school in Halifax, North Carolina, held a raffle of five guns and expects to clear $23,000 instead of the hoped-for $4,000. Proceeds from the $10 tickets will help pay for a Future Farmers of America building at the school.
DOUG ABERNATHY, owner of Doug’s Guns in Williamston, supplied the five guns at their $1,800 cost. The guns being raffled were never stored in the school.
Gun control advocates denounced the raffle as inappropriate and insensitive in the light of U.S. school shootings.
D.C. BUYBACK SNARED OLD CHEAP GUNS
Most of the nearly 3,000 firearms exchanged for a $100 bill during last summer’s gun amnesty program in the nation’s capital were about 15 years old, many were cheap revolvers worth barely $30 on the street, and none of them had been used to kill anyone, according to an analysis by the Bureau of Alcohol, Tobacco and Firearms.
The report said that 44 percent of the guns in the buyback were traced to regional gun shops. Virginia, Maryland and Florida provided the largest number of firearms. Some came from California, Texas and even Alaska.
District of Columbia Police said it was worth the money anyway.
ALERT: THE CLINTON-GORE HUD-BACKED LAWSUIT
In a tricky pressure tactic, the CLINTON-GORE administration has announced its intention to have the Department of Housing and Urban Development support a class-action lawsuit against gun manufacturers and wholesalers for shootings in public housing projects.
The purpose is to pressure gun makers into a settlement with 29 cities and counties now involved in lawsuits with the gun industry to recover money damages to pay for police and medical expenses they attribute to "gun violence," and to force changes in advertising and marketing guns.
ANDREW CUOMO, Secretary of the U.S. Department of Housing and Urban Development (HUD), said his agency would help prepare the lawsuits, but they would actually be filed by some or all of the nation’s 3,100 local housing authorities.
The federal government would not be a party to the suits, but the White House is the driving force behind the idea and the federal support will have a public relations payoff if not a courtroom result.
This sneaky tactic is an end-run around Congress, which has refused to pass anti-gun laws to help the city and county lawsuits. Congress didn’t see the White House announcement coming because HUD appeared to have promised not to get involved in such lawsuits.
Rep BOB BARR (R-GA) was so angered by HUD Legal Counsel GAIL LASTER’s statement last summer that they "do not plan to bring any action on its own against the gun industry," that he asked Government Reform Chairman JOHN MICA to investigate. LASTER also told BARR, "HUD has no authority on its own to bring litigation."
But it wasn’t the promise it sounded like.LASTER later said the statement to Congress just said HUD didn’t intend to sue the industry; HUD did not say that residents of public housing wouldn’t individually sue and that HUD wouldn’t help them, which is the plan.
BARR said LASTER’s statement amounts to "misleading, if not lying" to Congress.
The anti-gun lawsuits of the 29 cities and counties are not doing well in court, which means the White House tactic may be a desperation move. A judge dismissed Cincinnati’s suit in October. In December a Florida state judge threw out Miami-Dade County’s suit alleging guns created a public nuisance and threatened residents’ safety. A week earlier a Connecticut state judge dismissed a similar suit brought by the city of Bridgeport.
Judges have temporarily allowed "discovery" in two of the 29 suits, one filed by Chicago and another by Atlanta. However, half the Atlanta suit was dismissed.BRUCE REED, White House domestic policy adviser, said the gun industry should not rely on their victories in court to bolster their position against a settlement. "If settlement is not possible," REED said, "then the public housing authorities are prepared to go forward with their suit."
Gun rights groups are furious at HUD. USA Today reported that ALAN GOTTLIEB, founder of the Bellevue, Washington-based Second Amendment Foundation, said if the housing authorities sue, his group likely would file a countersuit on behalf of gun makers.
The Second Amendment Foundation has already filed countersuits against cities and counties in the anti-gun lawsuits.
GOTTLIEB said that the administration was encouraging suits against the gun industry in hopes of bankrupting gun companies.
The idea, he said, was "file as many suits as possible. The industry can’t fight hundreds of lawsuits — it would bankrupt them."
President CLINTON later explained that the plan to support a potential lawsuit against gunmakers would not mean that public housing authorities are "asking for money," but for changes in how guns are made and marketed.
Some of the cities involved in the current lawsuits expressed fear that the CLINTON administration is trying to grab control of the municipal lawsuits and might be too eager to strike a quick deal to help AL GORE’s election.
GUN NEWS TICKER: SHORT TAKES ON GUNS
• New Orleans Police Chief RICHARD PENNINGTON is being investigated because some of the 7,800 confiscated firearms his department traded for new police handguns have shown up back in Louisiana, even though they were supposed to be scrapped. The police trade now makes New Orleans vulnerable to being a defendant in its own lawsuit against gun manufacturers.
• The Children’s Defense Fund has become the latest organization to affiliate itself with the American Jewish Congress’s STOP THE GUNS: PROTECT OUR KIDS drive to secure a million petitions demanding that the U.S. Congress pass tough gun control legislation.
• The Great Western Gun Show is leaving Los Angeles and moving to Las Vegas. The move was precipitated by a Los Angeles County Board of Supervisors ordinance that prevented selling guns at the show at Fairplex, a county-owned facility. The departure of the gun show after 31 years in Los Angeles County will cost Fairplex $600,000 a year, about one-third of its annual income.
• Washington, D.C., the American city with the toughest handgun ban, is also the most handgun-filled city. Federal and local officials say fighting gun trafficking is harder than ever because drug dealers and others are constantly changing the way they buy, sell and hide their guns. They barter firearms for drugs, get friends to buy for them, and increasingly share their guns with others, usually fellow members of loosely organized gangs known as crews. D.C. prosecutors often drop the charges in gun arrests to get information about more serious crimes. "Nobody’s getting any serious time for gun violations in Superior Court," said Assistant U.S. Attorney MICHAEL VOLKOV, chief of the gang prosecution section.
• A teen-age student opened fire at a regional high school. Another American tragedy? No, the 17-year-old student wounded a teacher and three other students in Veghel, about 60 miles south of Amsterdam in the Netherlands. None of the victims had life-threatening injuries. Gun control is strict in the Netherlands and guns are available only on the black market.
• Canada’s new national gun licensing and registration law is very popular in Quebec, but in Canada’s West and North, where gun ownership is highest, a very un-Canadian movement is brewing: civil disobedience. People are saying, "I won’t register, I just won’t do it," according to RAY LAYCOCK, a founder of the National Firearms Association, a gun rights group. Since the law went into effect on Dec. 1, 1998, only 184,808 of Canada’s estimate 3 million gun owners have applied for licenses.
• Maryland has stepped up its successful "Project Disarm," which sends repeat offenders who carry guns to the federal courts, where the punishment for firearms violations is typically more severe. "We want all the convicted felons to know that if they carry a firearm, they will go to jail and they will stay in jail," said U.S. Attorney LYNNE A. BATTAGLIA. "We’ve been able to identify those people with long records so they can be taken off the streets." Maryland law has a maximum sentence of three years in prison with eligibility for parole for a convicted felon charged with illegal possession of a handgun. Under federal law, the same criminal could get up to life in prison without possibility of parole, although the average sentence under Project Disarm has been about seven years.
• Law enforcement officials are now equipped with a new nationwide computer system to track down illegal gun traffickers. The system, called Online Lead, was activated for full-time use recently in all 331 field officers of the Treasury Department’s Bureau of Alcohol, Tobacco and Firearms. It quickly provides investigators information about guns used in crimes. Previously they had to wait for computer discs to be shipped to BATF field offices.
• SurfWatch Software is now selling a new version of its online filtering software to block thousands of Web pages selling guns and ammunition. ALEXANDRA SALOMON, director of content management for SurfWatch Software, said the new blocking filter came as a direct result of requests from parents and educators who are concerned about violence in schools.
NEW YORK POST EDITORIAL ON TARGET
It’s not often that a major newspaper takes on President Clinton over gun control. But a recent editorial in the New York Post deserves high marks from gun owners for its courageous stand against the latest Clinton assault on the firearms industry.
The Post said:
"President Clinton’s threat to launch a nationwide class-action lawsuit against gun makers is no surprise. Coming up with a constitutionally dubious and wholly inappropriate response to a legitimate problem is standard operating procedure at this White House."
That’s quite an opening salvo. It gets better.
"To obtain legal standing, the Clintonites say they’ll file suit through the Department of Housing and Urban Development on behalf of federally-financed housing projects, where gun violence allegedly remains prevalent. Ironically, however, the announcement comes just weeks after the FBI disclosed that the homicide rate is at its lowest level since the nationwide crime explosion began in 1967 — and that the drop is attributed to police effectiveness in removing guns from the streets.
"According to Clinton and HUD Secretary Andrew Cuomo, the lawsuit is intended to pressure gun makers to settle 29 lawsuits filed by state and local governments. But, as usual, this administration is out to cripple a legal industry that uses perfectly legal methods to sell a legal product....
"But in the wake of the recent rash of school shootings, the Clintonites —their fingers eternally on their poll results — feel the need to score political points by very publicly "doing something." No matter if they could do more to address the problem by enforcing laws already on the books that are meant to keep illegal guns out of the wrong hands.
"Indeed, the superiority of the enforce-existing-laws approach is manifest in Cuomo’s unintentionally revealing justification for this lawsuit threat. "When only 1 percent of the [gun] dealers are selling over 50 percent of the guns used in crimes," he said, "obviously something is wrong and we should be taking action against that 1 percent.
"Exactly — but this administration is not doing that. Only a tiny segment is causing the problem. Just how does that justify a class-action suit against the entire industry?"
Good question, New York Post. Keep up the good work.
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