Printed in the USA.
The Gottlieb-Tartaro Report
Issue 056
August, 1999
California Gov. GRAY DAVIS is presiding over the most aggressive anti-gun onslaught in the state’s checkered history. With Democrats in control of the state’s entire government — the Assembly, Senate and Governor’s Mansion — for the first time in 16 years, gun owners are witnessing a feeding frenzy by gun control advocates.
• More than a dozen gun control bills are either in the pipeline or already signed into law. Not yet signed are bills: setting standards for inexpensive handguns; prohibiting gun dealers from selling out of their homes; regulating gun shows; increasing the penalty for illegally carrying a concealed weapon, and others.
• DAVIS signed AB 202, the first 1999 anti-gun measure to pass the Legislature, a "one-gun-a-month" bill authored by Assemblyman WALLY KNOX (D-Los Angeles).
This gun-grabber bill was touted as a way to keep guns out of the hands of gang members. Statewide, said the California Justice Department, a quarter of the guns used in L.A. crimes got into criminals’ hand through "straw purchases," somebody who bought several handguns legally, then sold some of them illegally. Critics noted that the vast bulk of gang guns were stolen, not bought.
• Then DAVIS signed Senate Bill 23, banning the manufacture and sale of "copycat assault weapons" and banning the manufacture of high capacity ammunition magazines.
S.B. 23 essentially redefined an "assault weapon," spelling out physical characteristics, "semiautomatic centerfire rifle that has the capacity to accept a detachable magazine," and other features, such as a thumbhole stock, a flare launcher or a forward pistol grip.
Gun experts have noted that guns covered by the bill could simply have parts removed, such as an illegal pistol grip, to make them legal. "This won’t stop criminals from getting guns. It is a political statement, not a gun law," said JOE WALDRON, executive director of the Citizens Committee for the Right to Keep and Bear Arms.
• The new law, by Sen. DON PERATA (D-Alameda), was supposed to correct problems with the Roberti-Roos Assault Weapon Act of 1989, which ran into constitutional trouble by banning firearms by name, a situation that led to the state "buy back" program for SKS "Sporter" rifles. The California Supreme Court is expected to rule on Roberti-Roos this year.
To lawfully possess one of the guns mentioned in the Roberti-Roos law, Californians must have purchased the firearm before June 1, 1989, and to comply with state law must also have registered the gun with the California Department of Justice by March 30, 1992.
Former Attorney General DAN LUNGREN extended the registration period, giving gun owners more time. Now a San Francisco lower court has ruled LUNGREN had no authority to issue extensions not specifically mentioned in Roberti-Roos.
Current Attorney General BILL LOCKYER responded by sending a letter to the estimated 1,550 "assault weapon" owners who were registered after March 30, 1992, telling them to turn in their firearms or render them permanently inoperable.
Turn-ins would receive a refund of their registration fee but no compensation for the firearm taken. In short, we have gun confiscation ready to roll in California.
YOUR FBI AT WORK(?)
• The Crossroads Gun Show in Phoenix, Arizona, on Sunday, July 11, had a record turnout, but not one gun dealer sold a single firearm. Why? The Federal Bureau of Investigation turned off its instant background check database computers in Clarksburg, West Virginia, all day — reportedly for "routine maintenance."
Dealers then had no access to NICS, the National Instant Check System required by the Brady Act, and therefore no way to perform mandatory background checks on potential customers. Being law-abiding citizens, they sold no guns.
One of the Phoenix attendees was ALAN KORWIN, gun expert and author of "Gun Laws of America," a reference almanac listing every state and federal law on firearms in the United States. KORWIN said there was no evidence that the FBI acted maliciously to harm gun shows. Neither was there evidence that the move was not malicious, since the FBI isn’t stupid and well knew gun shows operate on Sundays.
• Even when it’s working, the FBI’s NICS system isn’t all that great anyway. Now even the head of NICS says so.
JAMES E. KESSLER, Jr., the FBI’s top man at Clarksburg, W. Va.-based NICS, complains that the system can’t work without voluntary cooperation from the states. And it’s not happening.
"We can only check what’s in there," he says. "If it’s not in there, it’s not going to get checked."
Only 24 states provide the FBI with information on restraining orders, for example. Some don’t provide mental illness information because of privacy concerns. Overall, states share less than one in five outstanding felony warrant records.
Even the state records that do come in are often incomplete. KESSLER said NICS officials spend the bulk of their time trying to figure out the 5 percent of state records that arrive without dispositions telling whether a felony arrest resulted in a conviction.
KESSLER said the FBI has blocked 48,000 gun purchases in about 2.3 million background checks since NICS went in service last November.
"You have to remember that this is a voluntary system," KESSLER said. "We can’t force states to put information in there."
• The lead FBI investigator of Colorado’s Columbine High School shootings had close personal ties to the school, but will stay in his post.
DWAYNE FUSELIER’s son graduated from Columbine in 1997 and was one of the students who produced a videotape more than two years ago that shows trench coat-wearing students armed with weapons moving through the school’s halls.
The film ends with four students walking away from the school as it explodes in flames.
"There is no conflict of interest," said FBI spokesman GARY GOMEZ.
KEITH DeVINCENTIS, acting special agent in charge of the FBI’s Denver office, said he had "complete faith and confidence in DWAYNE FUSELIER."
However, Z. G. STANDING BEAR, a criminal justice professor at Colorado State University said federal officials should avoid the perception of a conflict of interest, and that FUSELIER should be reassigned.
FUSELIER’s son’s tape has no known connection to either ERIC HARRIS or DYLAN KLEBOLD, the two students who wore trench coats when they attacked Columbine with guns and bombs last April. Before killing themselves, HARRIS and KLEBOLD killed 12 students and a teacher and wounded 23 others.
Fuselier, 51, a psychologist, is one of three commanders leading the investigation, along with sheriffs Lt. JOHN KIEKBUSCH and Capt. DAN HARRIS.
POLLS IN THE NEWS
USA WEEKEND POLL FINDS DISTURBING TRENDThe Columbine High School shootings have generated public opinion for stricter gun regulations, more limits on violence in entertainment and heightened security measures in public places, according to a recent poll by USA Weekend.
• 70% support new restrictions on gun ownership.
• 25% of women would ban guns outright (compared to 13% of men).
• 52% say the Second Amendment right to bear arms should be modified or eliminated.
• 89% say parents are most responsible for keeping violent media materials away from kids.
AMY EISMAN, executive editor of USA Weekend, said "These survey findings illustrate how this tragedy marked a defining moment for our nation."
POLITICAL CAMPAIGN POLL RESULTS
The Pew Research center for the People & the Press recently conducted a poll of campaign issues, with the following interesting questions and results:
• "What one issue would you most like to hear presidential candidates talk about next year?"
Number one was health care reform (18%); Social Security (14%); Medicare, (11%); Education (9%); Taxes (9%); National debt (8%); Crime/drugs (7%); Gun control (7%); the economy (4%).
In 1991, 43 percent rated the economy as the top issue, and it dominated the presidential campaign. Why are candidates talking about gun control this year, when it ranks 8th on a list dominated by health-related issues?
• "Which one of the following Candidates would you most like to see nominated as the Republican Party’s candidate for president?" George W. Bush (60%); Elizabeth Dole (13%); Dan Quayle (9%); Pat Buchanan (4%); John McCain (4%); Steve Forbes (3%); Gary Bauer (2%); Lamar Alexander (1%); Orrin Hatch (1%).
• "Which one of the following candidates would you most like to see nominated as the Democratic Party’s candidate for president? Al Gore (65%); Bill Bradley (29%).
The telephone poll of 1,200 adults has an error margin of plus or minus 3 percentage points.
12th ANNUAL NATIONAL POLICE SURVEY
A survey of key questions was mailed to 16,000 Chiefs of Police and Sheriffs, representing a cross section of professional officers involving every state with a 10% response. The survey was conducted by the National Association of Chiefs of Police, based in Washington, D.C.
• Do you believe the death penalty serves as a deterrent to certain types of crimes? YES 90.8%; No 8.9%.
• Do you believe any law-abiding citizen should be able to purchase a firearm for sport or self-defense? YES 92.7%; NO 6.8%.
• Within the past year, has your agency been called upon to arrest anyone who has made a false statement on an application to purchase a firearm? YES 6.2%; NO 93.3%.
• Do you believe anyone (such as a convicted felon) in violation of state or federal firearm possession laws should be prosecuted by the U.S. Attorney and, if convicted, receive a maximum prison term? YES 87.7%; NO 11.2%.
• Do you believe law-abiding citizens should be limited to purchase of no more than one firearm per month? YES 32.7%; NO 65.8%.
• Do you believe local "gun shows" are a major source of sales of illegal firearms to criminals? YES 40.7%; NO 55.8%.
• Do you believe criminals currently are able to obtain virtually any type of firearm by illegal means? YES 97.9 NO 1.8%.
• Do you believe any sworn peace officer or retired officer should be permitted to carry a firearm from state to state? YES 93.6%; NO 5.8%.
DING-DONG, ROSIE O’DONNELL AND THE BELL CAMPAIGN
ROSIE O’DONNELL, "The Queen of Anti-Gun TV," gives generous air time for everyone who hates guns. The latest is called the Bell Campaign, which bills itself as "a victim-led, grassroots organization committed to preventing gun death and injury and supporting victims of gun trauma."
That annoyed one gun owner who noticed that Kmart Corporation, which sells guns, uses O’DONNELL on their TV commercials and wrote expressing dismay that they would hire such a contentious person as their spokeswoman.
Kmart’s SHAWN KAHLE wrote back, saying "Kmart respects ROSIE O’DONNELL’s rights of Freedom of Expression; however, the views that ROSIE expresses are her own. While she is an actress who appears in Kmart commercials, she does not speak for the company.
"Kmart believes in the importance of the Second Amendment Right to Bear arms. As a retailer of only legal sporting firearms, our corporate stance is to advocate their safe responsible sale and ownership.
"Kmart has in place extensive policies and procedures to ensure that all FBI and ATF requirements are followed by our sporting goods personnel in all firearms sales. Kmart also participates with various organizations and law enforcement officers to incorporate firearms safety programs in communities we serve.
"We have and will continue to share our views with ROSIE O’DONNELL."
"SHOOT CHARLTON HESTON" SPIKE LEE GETS A $2.5 MILLION NAVY GRANT
SPIKE LEE, who said of National Rifle Association President CHARLTON HESTON, "Shoot him — with a .44-caliber Bulldog," has received federal money to shoot U.S. Navy recruitment ads.
Filming on the project continued at least a month after the notorious statement from Lee about shooting HESTON was revealed by the New York Post.
The first of LEE’s six Navy spots have already appeared in approximately 10,000 movie theaters this summer, according to Lt. Cmdr. KAREN JEFFRIES, spokeswoman for the Navy Recruiting Command.
Five more ads are still being edited and have not yet been approved by the Navy for release.
Filming for the last commercial was wrapped up in Hawaii two weeks after Georgia Rep. BOB BARR requested that the Navy sever its ties with the bigmouthed movie director because of his HESTON remark.
JEFFRIES confirmed that the Navy paid $2.5 million for the SPIKE LEE spots to New York ad agency Batten, Barton, Durstein and Osborne.
RAPPER COOLIO PLEADS GUILTY TO GUN CHARGE
Grammy Award winner Coolio pleaded guilty to a charge of being a felon in possession of a firearm and was sentenced to 10 days in jail and 40 hours of community service.
Artis Leon Ivey, Jr., 35, goes by the stage name of Coolio. He entered the plea in Torrance, California.
He was also placed on two years probation by Superior Court Judge Andrew Kauffman. Coolio was driving in Lawndale, California when a sheriff’s deputy stopping him for allegedly driving on the wrong side of a street.
He told the deputy he had a gun in a door pouch, and the deputy seized the handgun, according to prosecutor ALEXIS DE LA GARZA.
Coolio also has a 1994 conviction for carrying a concealed firearm.
NO CONTEST PLEA IN ACTRESS GUN CASE
ROZ KELLY, actress who played FONZIE’s biker girlfriend, PINKY TUSCADERO, on the "Happy Days" sitcom, recently pleaded no contest to charges she fired a gun at a neighbor’s home because she was angry about a car alarm.
In return for the plea, prosecutors dropped charges that KELLY fired into two cars during last November’s incident.
COLUMBINE SHOOTINGS HAVEN’T PRODUCED MANY NEW GUN LAWS
Despite polls that show the Columbine High School shootings changed public attitudes drastically, little else has actually changed.
Only a few states — most notoriously California — passed anti-gun laws. Most took no action, and some passed pro-gun measures.
In Colorado, the incident simply silenced gun debate. Lawmakers withdrew concealed carry bills.
Tennessee state Rep. BEN WEST, Jr., pulled pro-gun bills he sponsored out of respect for the tragedy in Colorado.
Nevada approved concealed carry for firearms in public buildings, but not in schools or airports. Louisiana blocked product-liability lawsuits against gunmakers. Maine rejected trigger lock legislation. Texas killed a bill requiring background checks for guns purchased at gun shows and passed a law barring Texas cities from suing gunmakers.
COLORADO GOVERNOR ORDERS BACKGROUND CHECKS AT GUN SHOWS
Colorado Governor BILL OWENS recently signed an executive order requiring the Colorado Bureau of Investigation to conduct background checks on all gun purchasers in the state, including at gun shows.
OWENS was responding to the acts of a man involved in a bitter divorce who murdered his three children with a 9mm handgun he bought after a federal background check failed to show that a restraining order had been issued against him.
SIMON GONZALES was killed by police in a gun battle in Castle Rock, Colorado. He had already killed his three daughters.
A restraining order is sufficient to refuse a gun purchase, according to PETE MANG of the Colorado Bureau of Investigation. Federal computers will not accept restraining order data without very specific height and weight information.
Under the new executive order, state background checkers will identify all restraining orders to avoid a repetition of the GONZALES tragedy.
TEENS SAY PARENTS AND SCHOOLS TO BLAME FOR SCHOOL VIOLENCE
A survey of America’s brightest teenage students participating in the 1999 Panasonic Academic Challenge, a scholastic competition, shows 49 percent of the young people think that school violence is the fault of parents and school administrators.
• Fifty-two percent said that increased communication between parents and children would be most effective in stemming violence in schools.
• More than half the students felt there are not enough resources to help them if they have a problem or can’t handle the stress in their lives.
• Almost two-thirds of the respondents felt existing gun laws were too soft and 73 percent said existing laws are inadequately enforced.
• Sixty-one percent of the students felt handguns should not be banned.
BILL ROONEY, assistant general manager of Panasonic’s External Affairs Division, sponsor of the academic competition, said, "The students we surveyed represent some of the finest minds in the country and are in a position to one day assume leadership positions in business, government and education."
MAYBE IT’S PRESCRIPTION DRUGS, NOT GUNS
Are school shooters "wacked out" on drugs that schools recommend for students? ERIC HARRIS, a Columbine High shooter, had been taking Luvox, an anti-depressant drug. T. J. SOLOMON, who shot and wounded six classmates in Conyers, Georgia, was on Ritalin for depression. KIP KINKEL, 15, was on Ritalin and Prozac. He murdered his parents and went to the school cafeteria where he killed two students and wounded 22.
According to Teacher Magazine, three are 4 million kids on Ritalin alone. It’s usually used to treat "Attention Deficit Disorder," which many believe to be a fictitious disorder to mask the disorderliness of modern schoolrooms.
SAMUEL L. BLUMENFELD, author of eight books on education, says the only way many children can be forced to endure the chaotic atmosphere of modern schools is by drugging them.
law firms to the rescue of gun makers
The firearms industry is hiring major national law firms to defend them against the spreading litigation by cities and counties around the country.
"Brand-name" firms, such as Cleveland’s Jones, Day, Reavis & Pogue and New York’s Simpson Thacher & Bartlett, have entered the combat.
Prominent regional firms, such as Holland & Knight of Tampa, Florida, have also taken up the cause.
The firearms industry, with only rare exceptions, has previously been represented by product-liability lawyers with smaller and less well-known firms.
So far, 23 municipalities have sued the industry, seeking reimbursement for the public costs of gun violence and restrictions on how firearms are made and marketed.
The suits have gone on long enough that gun-company lawyers want them thrown out of court before the cities and counties begin the "discovery" phase, demanding deposition testimony and documents from the companies.
There has been some preliminary talk of settlement by industry representatives and lawyers for some of the cities. But most law firms are pressing ahead with normal litigation, filing motions for dismissal of the cases.
The bigger law firms may make a difference in the outcome of the cases.
CITIES SUING GUN MAKERS ARE SELLING GUNS THEMSELVES
No, it doesn’t make sense. PAUL JANNUZZO, vice president and general counsel of Glock, Inc, couldn’t believe it when he first heard that the city of New Orleans was preparing to sue the gun industry.
He couldn’t believe it because he had been working with New Orleans to help the city swap around 10,000 guns in its possession, most of which had belonged to criminals, in exchange for 1,700 new Glock .40-caliber pistols for its officers. It was a deal worth $613,000.
The broker between Glock and New Orleans for this deal was Kiesler Police Supply and Ammunition in Jeffersonville, Indiana. The guns from Glock go into police holsters. The guns from New Orleans go back into the market.
Boston, Detroit, and Alameda County, California, have also sold confiscated guns while suing the industry.
If the municipalities are suing gun makers for turning out allegedly "unsafe" products, why are they selling guns themselves? And if, as alleged, the product is ruled by a court to be unsafe, don’t the cities have the same liability as the gun makers and dealers?
The federal government, as well as cities such as San Francisco and Los Angeles, destroy criminals’ guns.
new lawsuit over accidental shooting
The families of two boys who accidentally shot themselves in separate incidents are suing the gun industry, claiming negligence in making unsafe weapons.
The named defendants include: Sturm, Ruger & Co. of Southport, Conn., and Lorcin Engineering Co. of Mira Loma, Cal., as well as On Target, Inc., a Severn, Md, gun distributor.
The family of 3-year-old JORDAN GARRIS, who died in June, is seeking $6 million. The family of 8-year-old NINO JACOBS, who survived after an accident two years ago, is seeking $1.25 million.
Both children found the guns under mattresses in their homes.
JIM WALDORF, president of Lorcin, said all of the guns manufactured by his company have safety devices.
"If the owner operates and leaves it stored in the proper fashion, there certainly is no risk of a child getting shot," Waldorf said. "I have not seen the suit, but on the surface it appears to be another piece of frivolous litigation."
Lorcin emerged from Chapter 11 protection only six months ago after being hit with two dozen product liability suits, company officials have previously said.
• Nearly half a million of the nation’s college students own guns and those with alcohol problems are twice as likely as others to have them, according to a recently-released study by Harvard University.
• The American Jewish Congress recently sent a message to the U.S. Congress, saying gun checks save lives. They cite the example of Benjamin Nathaniel Smith, who was turned away from a legal gun dealer because he failed a background check and then bought the guns he needed for a shooting spree that killed two and wounded nine from an unlicensed dealer. We wonder why Smith wasn’t immediately arrested for attempting to buy a firearm as a disqualified person.
• Japan, which has nearly total restrictions on gun ownership, is experiencing a record surge in suicides. The rate went up 35 percent in 1998, for a high of nearly 33,000 suicides. The country’s economic woes, the deepest recession in 50 years, seem to play a major role in the increase. Devastating illness was also a factor. What was that about guns increasing the suicide rate?
• RICHARD E. DYKE, a political veteran with strong pro-gun views, has quit as presidential hopeful George W. Bush’s finance chairman, saying he doesn’t want to become an issue for anti-gun people. DYKE owns Bushmaster Firearms in Windham, Maine.
• The U.S. Army has developed an environmentally friendly bullet, one that won’t poison the environment by spreading lead, a dangerous heavy metal. The new bullet has tungsten cores inside the standard copper jackets of 5.56 millimeter ammunition. The catch is, if all ammunition switches to tungsten, that may result in all ammunition being classified as armor-piercing, not a happy prospect.
• The Washington Post recently published an editorial recommending that all presidential candidates come out for "a ban on the general sale, manufacture and ownership of handguns as well as assault-style weapons."
• U.S. Attorney General JANET RENO recently proposed that gun owners be required to pass state-sanctioned proficiency tests before they obtain weapons.
• President BILL CLINTON invited 80 students from Colorado, including some from Columbine High School, to the White House to "send a message to Congress" for tougher gun control laws.
• Vice President AL GORE’s latest gun control proposal would require photo licenses for all new handgun owners, a ban on "junk" handguns (whatever those are), increased spending on police training, and a constitutional amendment for victims’ rights.
• HILLARY RODHAM CLINTON, hopeful candidate in New York’s Senate campaign, has made gun control one of the key points of her platform.
• The Wisconsin village of Mazomanie has accused former Police Chief DAVID SONNTAG of having disciplinary charge brought against him for drinking alcohol too soon before duty, selling confiscated guns to a Milwaukee-area dealer, and even demanding that officers destroy old evidence in a bonfire. The charges were kept sealed but a judge ordered them released to the media. SONNTAG’s attorney called the 14-year police chief a victim of an "orchestrated attempt by members of the village to drive" him from the community through "false and misleading" charges. The village settled on paying SONNTAG $602 per week, his normal salary, through the end of 1999 in exchange for his resignation.
• A shootout at a California shooting range ended a bizarre hostage drama as three gun store employees found themselves held at gunpoint with one of their own rented rifles. While the gunman, 21-year-old RICHARD GABLE STEVENS, was looking away, one store employee carrying a .45-caliber handgun concealed beneath his shirt shot STEVENS several times in the chest. When he refused to show his hands, another employee shot him with several rounds of rubber bullets. He was taken to a hospital in critical condition from the first gunshots. Criminal charges are pending.
• The national anti-gun organization PAX thought a candle-light performance would get people in the mood to reject gun violence at Woodstock 1999. Instead, raucous attendees used the candles to torch vendors’ booths as part of a riot that brought police out in force and resulted in numerous injuries.
NUNS’ GUNS
We’re not making this up.
Two nuns in the El Topo monastery in Tunja, Colombia, shot an intruder.
They thought they were shooting in the air, but they hit the intruder twice, once in the hand, once in the head.
He died as a result.
Now the two nuns, sisters EVA MARIE SILVA and LUZ ADELIA BARRAGAN face trial in Bogota.
They have admitted they fatally shot SEVERO MENDEZ.
They are less concerned about prison than eternal damnation, according to their attorney.
Their lawyer, GILBERTO RONDON, said they only intended to scare MENDEZ off.
"They didn’t mean to kill anyone," RONDON told reporters.
"They’re very depressed, because although their actions could be justified by human law, they can’t be justified by divine law."
The monastery houses a valuable collection of religious art, including a 16th century portrait of the Virgin of the Miracles decorated with a gold crown and scepter.
All twenty five sisters took vows of poverty upon entering the order, but are obligated to protect the valuable religious objects.
The nuns bought the gun in 1981, following a series of attempted robberies at the monastery.
They recently started nightly patrols after six break-ins this year.
Nuns on patrol have fired the gun several times, RONDON said, but never hit anyone before.
The fatal incident began when the nuns heard noises in a dark cloister and investigated.
BARRAGAN fired three shots into the shadows before SILVA grabbed the gun, a .38-caliber Smith and Wesson revolver, and emptied the cylinder.
SILVA and BARRAGAN spent two nights in jail, but were under house arrest until a date can be set for their trial, the attorney said.
For cloistered nun SILVA, the court hearing was her first contact with the outside world since 1970.
BARRAGAN, because she is a convent administrator, is permitted to leave the monastery.
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