Allegheny County Sportsmen’s League Legislative Committee Report October 2009 Issue 180 ALLEGHENY COUNTY SPORTSMEN LEAGUE ON THE INTERNET http://www.acslpa.org Contacts : Legislative Committee Chairman , Kim Stolfer (412.221.3346) - [email protected] Legislative Committee Vice-Chairman, Mike Christeson - [email protected] Authored by Garen Wintemute, MD, MPH with the UC PA Gun Owners Facing Davis School of Medicine's Department of Emergency Medicine and Violence Prevention Research Program, the MANY Challenges & Hidden report is called Inside Gun Shows.- What Goes On When Dangers Everybody Thinks Nobody's Watching. Funding support was provided by the anti-gun Joyce Foundation, the Eli While the PA budget dilemma dominates public and Edythe L. Broad Foundation and the California media and the attention of many, seething beneath the Wellness Foundation. surface of PA politics is a rapid undercurrent of anti- Released in early September, the report contends that gun efforts to strip citizens of their freedoms. "There is solid evidence, primarily from investigations of From the PA State Police Commissioner openly illegal gun trafficking, that gun shows are an important writing to Mayors in the Mayors Against Illegal Guns source of crime guns." Bloomberg group encouraging them to enact laws However, the report also immediately adds that prohibited by PA’s preemption law to the legislative "But less than 2% of felons incarcerated for crimes attempts to enact even MORE anti-gun laws to cover involving guns acquired those guns themselves at gun up the failure to prosecute criminals, we are faced shows." with MANY concerns. The report argues that many of the alleged "crime guns" obtained at such shows are purchased by surrogates, In addition a very small minority of state the "straw man" buyers who have clean records and are legislators, led by Reps. Caltagirone, Evans & buying guns for criminals who cannot legally buy them. Levdansky, continue to stymie efforts to enact pro-gun Wintemute's report is already drawing fire from gun legislation like the Castle Doctrine (HB 40) and others rights activists, who consider him a leading anti-gunner that would actually save lives and restore Freedoms. and proponent of the "guns-as-a-health-risk" philosophy. The old saying is appropriate here that the ONLY There is conflicting information in the Executive thing necessary for ‘evil’ to triumph is for good men Summary. According to Wintemute, "Much of the concern (and women) to do nothing. With over 2 million gun about gun shows and crime guns focuses on private party owners in PA it is TIME to reassert ourselves in much gun sales. Licensed retailers are implicated, too. Results of greater numbers than ever before! trafficking investigations suggest that two-thirds of crime guns obtained at gun shows are sold by licensed retailers. Among gun dealers, those who sell at gun shows are more Report Hits Gun Shows, Attendees likely to have crime guns traced to them than those who do by Dave Workman, Senior Editor not." A critical new report on gun shows raises concerns The summary noted that "data were gathered at 78 gun about their "demographic homogeneity" and "disturbing shows in 19 states, most of them occurring between 2005 political activity" while suggesting that two-thirds of the and 2008." The report added that in just 2007 there were so-called "crime guns" obtained at such shows are sold by an estimated 2,773 gun shows in the United States, so the licensed retailers, not through private transactions that report is based on visits to far less than 1% of the total have been labeled the "gun show loophole" by firearms number of gun shows held during the study period. prohibitionists. Page 2 In a story about the report carried on KTXL in Senate Amtrak guns measure still faces Sacramento, the local Fox News affiliate, Wintemute hurdles acknowledged—in reaction to criticism from another by Dave Workman, Senior Editor UC Davis researcher identified as Jesse Bengson—that An amendment to a $1.6 billion Amtrak funding "the data isn't there." measure passed by the US Senate that will allow "It's just as a matter of logic that private party sales passengers to transport firearms in checked baggage could are more likely to result in criminal use of firearms, face a hurdle when conferees move to square the Senate but it's an inference at this point," Wintemute told a package with similar legislation passed in the House. reporter. Senator Patty Murray (D-WA), described by the Wintemute's report also blasts alleged unsavory Associated Press as the primary sponsor of the underlying political activity at gun shows. transportation appropriations measure, is opposed to the "Perhaps the most disturbing political activity at gun amendment. Murray is a perennial supporter of gun control shows," the report says, "because of its content and high measures, and she contended that implementing a firearms prevalence, concerns identity politics. Support for the policy would cost too much, and take several months to Confederacy extends to calls for a continued war of accomplish. Also lined up against the measure is anti-gun secession and to overt racism. Neo-Confederacy groups Illinois Democrat Sen. Dick Durbin. rent table space and recruit new members. Ku Klux Klan A New York Times opposition commentary which merchandise was observed several times. New Nazi called the vote "a shocking genuflection to the gun lobby," materials (as distinct from memorabilia) are very common; expressed the hope that "the House or President Obama one regular seller at gun shows in Arizona is a nationally- will ultimately reject the Amtrak measure, but security- recognized promoter of neo-Nazism. The Turner Diaries is wary citizens cannot count on that as the gun lobby everywhere, and Mein Kampf can be found next to More choreographs political cravenness." Guns, Less Crime." However, Alan Gottlieb, chairman of the Citizens The Wintemute report also expresses concerns about Committee for the Right to Keep and Bear Arms, took the "demographic homogeneity" at some gun shows, issue with their position. especially in the Midwest. "That's a bogus argument," Gottlieb said, "and "Well under 10 percent of those present are other than (Murray) knows it. The Transportation Security white males," the report states, "and most of these men Administration already has that process down pat. There is appear to be well over 50 years of age. In other parts of the no need to reinvent the wheel. That option has apparently country the overall population is much more diverse, but not occurred to her or maybe it has and she just can't get older white men account for a large majority of gun sellers beyond her narrow gun prohibitionist viewpoint." nearly everywhere. While Murray and Durbin oppose the amendment, "Three aspects of the social environment at gun shows it is getting support from 27 Senate Democrats, seem to have significant potential to contribute to firearm including Majority Leader Harry Reid. The majority violence," Wintemute's executive summary adds. "These vote was bipartisan and not even close, with 27 concern 1) promoting objectification and violence in Democrats and one independent (the ultra-liberal relationships between men and women, 2) facilitating Bernie Sanders from gun-friendly Vermont) joining all children's access to firearms, and 3) endorsing violence as 40 Republicans versus 30 opponents," The Times noted a tool for problem-solving." bitterly. Wintemute suggests that a solution to the so-called gun The amendment, sponsored by Mississippi Republican show loophole may not be found in simply requiring Sen. Roger Wicker, would allow Amtrak passengers to background checks on all gun sales at these shows, long a declare their firearms at the check in with their luggage. primary objective of many antigun organizations and The same system has been in use for years by airlines, politicians. Gottlieb noted. Instead, he advocates regulating private gun sales "People fly with firearms every day," he observed. anywhere, as is already done in California, where no Under Wicker's amendment, funding would be private transaction may be conducted without a withheld from Amtrak unless its policy on firearms is background check. His recommendation is in complete changed within six months of enactment of the subsidy harmony with the latest proposals of the Brady Campaign legislation. Years ago, there was no prohibition on to Prevent Gun Violence. The New GUN WEEK , October 1, 2009 having firearms in locked baggage or gun cases, but after the 9/11 terrorist attack, that policy changed. After the train bombing in Madrid, Spain five years ago, Amtrak Page 3 banned firearms on trains altogether, though it was never GPS device in his minivan, according to The Boston explained what connection checked firearms might have Globe. with a terrorist bombing. The court said that using GPS devices as an "Americans," Wicker explained, "should not have their investigative tool, which can require police to secretly Second Amendment rights restricted for any reason, break into a vehicle to install the device, does not violate particularly, if they choose to travel on America's federally the ban on unreasonable search and seizure in the state's subsidized rail line." The New GUN WEEK , October 15, 2009 Declaration of Rights. "We hold that warrants for GPS monitoring of a vehicle NYPD backs down on Brooklyn man's may be issued," Cowin wrote. "The Commonwealth must flintlock rifle establish, before a magistrate . that GPS monitoring of the vehicle will produce evidence" that a crime has been The New York City Police Department (NYPD) committed or will be committed in the near future. apparently is giving up on trying to make a case against The SJC said the devices can be installed for up to 15 Brooklyn resident Michael Littlejohn.