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Big Money, ALEC and the Gun Agenda

Big Money, ALEC and the Gun Agenda
Mon, 12/17/2012 - by Lisa Graves
This article originally appeared on PR Watch

"We’ve endured too many of these tragedies in the past few years," President Obama said in response to horrifying shooting massacre of 20 little children and six of their educators in Connecticut.

"Whether it is an elementary school in Newtown, or a shopping mall in Oregon, or a temple in Wisconsin, or a movie theater in Aurora, or a street corner in Chicago, these neighborhoods are our neighborhoods and these children are our children. And we’re going to have to come together and take meaningful action to prevent more tragedies like this, regardless of the politics," he noted.

"Meaningful action" has been thwarted, largely because of the power and wealth of the National Rifle Association (NRA). One of the key avenues it has used to exert its influence is the American Legislative Exchange Council (ALEC). For decades, the NRA has helped bankroll ALEC operations and even co-chaired ALEC's "Public Safety and Elections Task Force," where it secretly voted on bills alongside elected representatives. At ALEC's annual meeting this summer, the NRA had the biggest booth at the convention in Salt Lake City and also underwrote a shooting event along with one of the largest sellers of assault weapons in the world.

Numerous bills to bar or impede laws that would help protect Americans from gun violence were drafted by the NRA and adopted by ALEC corporations and legislators as "models" for the rest of the country. And, dozens of these special interest bills have become law in states across the country. As a result of the NRA's efforts, a city in Connecticut recently repealed the only ban in the state on carrying a concealed firearm. Allowing "concealed carry" has been a long-standing part of the NRA-ALEC agenda, passing in Wisconsin a year ago at the urging of Governor Scott Walker, who was given an award by the NRA for making this item law along with a version of the controversial ALEC-NRA "Stand Your Ground"/"Castle Doctrine" bill. A concealed carry law also was just passed last week in Michigan, along with the so-called "Right to Work" union-busting bill on ALEC's corporate wish list.

Here is a review of the NRA-by-way-of-ALEC gun agenda:

• The retail sale of machine guns has been barred by federal law since the gangster era but, as uncovered by the Center for Media and Democracy (CMD), one year ago at ALEC's "policy summit" in Arizona, the NRA obtained unanimous support from the corporate and lawmaker members of ALEC's Task Force for "amending" ALEC's "Consistency in Firearms Regulation Act" to expressly bar cities from banning "machine guns." Other provisions of that bill prevent cities from banning armor-piercing bullets and from banning efforts to alter guns to make them more deadly if the state does not do so. It also bars cities from suing gun manufacturers for gun deaths based on the theory of liability used by governments to sue tobacco manufacturers for smoking deaths.

• In 2008, as noted by CMD, in the aftermath of the tragic massacre of students and professors by a heavily armed Virginia Tech student, ALEC adopted a model bill to remove state prohibitions of guns on college campuses and to allow students to bring guns to class.

• Also in 2008, as CMD has documented, ALEC also weighed in on litigation challenging a handgun ban in the city of Chicago. ALEC filed a brief with the U.S. Supreme Court in that case, McDonald v. Chicago, on the same side as the NRA.

• In 2005, at an ALEC task force meeting co-chaired by Walmart, corporate lobbyists and politicians voted to approve the NRA's request that a law it spearheaded in Florida with ALEC members become a "model" for other states. That ALEC bill was misleadingly named the "Castle Doctrine," but is also known as the "Stand Your Ground" or "Shoot First" or "Kill at Will" law. That Florida law, was initially invoked by law enforcement to prevent the arrest and prosecution earlier this year of high-school student Trayvon Martin's killer. The law creates legal immunity for shooters claiming self-defense, going well beyond the reach of the traditional rights of self defense to create what some call a "license to kill."

• CMD connected those dots and documented that the NRA's lobbyist, Marion Hammer, pushed this bill through the Florida legislature in early 2005. She then brought the law to the closed door ALEC task force meeting in Texas that summer to become a priority for ALEC legislators. According to the NRA at that time, her pitch was warmly received and "unanimously" adopted by the private and public sector members at that meeting. The list of special interest reps attending that meeting is not publicly available, but it is known that the nation's largest retailer of ammunition and long guns, Wal-Mart, was the corporate leader of that task force; earlier this year, Wal-Mart announced it was resigning from ALEC.

• Also around that time, ALEC pushed a variety of legislation to require reciprocity between states for "concealed carry" laws, laws that result in more people carrying concealed firearms in public places, as CMD has noted.

• In 2000, as CMD has reported, when Koch Industries was the chair of ALEC's corporate board, ALEC's crime task force adopted the "Defense of Free Market and Public Safety Resolution" as a national template for states across the country. That resolution was an effort to thwart law enforcement from using contracts - to buy firearms for police officers - to favor gun manufacturers that adhered to a code of conduct. As part of a lawsuit settlement, gun manufacturer Smith & Wesson (S&W) had agreed to penalize S&W retailers who sold guns that tended to end up used in crimes, barred S&W retailers from using the gun show loophole to avoid conducting criminal background checks on prospective buyers, and forbade dealers from releasing more than one handgun to a purchaser per day. It also required retailers to sell all of its handguns with mechanical trigger locks to help protect kids from accidentally killing themselves or others. ALEC's resolution sought to bar states from rewarding S&W with contracts for police weapons or creating an incentive for other gun manufacturers to adopt similar voluntary codes of conduct.

• In 1995, ALEC promoted as model legislation a bill that would create state-based criminal background checks for firearms purchases different from the federal Brady Handgun Violence Prevention Act, which established the National Instant Check criminal background check system at the FBI. As analyzed by CMD, ALEC's bill expressly exempts firearms sales at gun shows from its background checks (creating a "gun show loophole"). It also exempts holders of "concealed carry" permits from a background check, even though the Brady Law attempts to protect the public through background checks regardless of whether a person had previously obtained a permit to carry a gun, such as from people who subsequently become fugitives or persons adjudicated to be mentally unstable.

As CMD has shown, ALEC also strongly opposed the 1994 "Assault Weapons Ban," which sought to expand the long-standing federal bar on fully automatic machine guns by preventing the purchase of rapid-firing "semi-automatic" assault-style weapons. Certain military-style firearms - such as the .223 Bushmaster rifle reportedly found at the scene of the Connecticut school massacre and similar to the one used in the sniper shootings that terrorized D.C. in 2003 - include versions for sale in the U.S. that were modified by manufacturers for the civilian market along with versions that allow three-shot bursts of fire with each pull of the trigger for law enforcement rather than their faster-firing military-style kin like the M4 or AK-47, in light of the federal assault weapons ban. The ban was allowed to expire during the George W. Bush administration, which had very close ties to the NRA.

The NRA's gun agenda helps protect and expand the market for the firearms sold by the weapons companies that bankroll its multi-million dollar lobbying and influence operations. Although ALEC's crime task force no longer officially exists, ALEC is doing nothing to undo the damage done through its many years of advancing the wish list of the gun industry through laws like "Stand Your Ground"/"Shoot First," pushing for guns on college campuses, and even opposing government purchasers from rewarding codes of conduct by gun makers and sellers.

Three months after ALEC issued a PR statement that it was eliminating its Public Safety and Elections Task Force, the NRA announced that it would still be hosting its regular annual shooting event at ALEC's summer convention, held in July of this year. For the past several years, on the Saturday of ALEC's annual meeting, the NRA has regularly hosted an outing for ALEC legislators and lobbyists to go shooting together - with complimentary guns and ammo. July's event was co-sponsored by Browning Arms Company, whose foreign parent company is one of the world's largest sellers of machine guns, as noted by CMD.

"Calling for 'meaningful action' is not enough," said New York Mayor Michael Bloomberg, founder and co-chair of Mayors Against Illegal Guns. "We need immediate action. We have heard all the rhetoric before. What we have not seen is leadership - not from the White House and not from Congress. That must end today. This is a national tragedy and it demands a national response."

Facts are still coming in about how the 20-year old shooter - who under Connecticut law is too young to possess the pistols he was found with - came to use the assault weapon fired repeatedly and rapidly in the assault on the school children, or why his mother (who was apparently also shot to death by him) reportedly brought or allowed such an arsenal of weapons into the home she shared with her son, who has been called "mentally ill." But, some observers are pointing out the terrible coincidence of a knife attack that injured 22 students in China within a day of these 20 American school children being murdered in a matter of minutes by a gunman in Connecticut, which shows yet again that the ready availability of guns in the U.S. can be the difference between life and death. And easing access to deadly firearms has been a major part of the NRA/ALEC agenda, underwritten by ALEC corporations and advanced by ALEC politicians, for years and years.

The library of NRA/ALEC gun bills can be accessed here.

__

9 Appalling Gun Laws Backed by the Right Wing

It makes sense that everyone’s eyes angrily turned to the National Rifle Association (NRA) in the wake of the mass killing in Newtown, Connecticut. For too long, the NRA’s deep war chest and lobbying apparatus has shaped the debate over guns in this country.

But there’s another group working hand-in-glove with the NRA that deserves scrutiny: the American Legislative Exchange Council (ALEC). ALEC, the Koch Brothers-backed group that is funded by big corporate interests, first attracted attention in the wake of the Trayvon Martin killing. The group, which brings together corporate interests, right-wing lobbyist groups and conservative politicians, passes model legislation that politicians take back ready-made to their state. The NRA has funded ALEC and co-chaired ALEC’s “Public Safety and Election Task Force,” which passes model bills on guns.

By way of the Center for Media and Democracy’s ALEC Exposed project, Digby’s Hullabaloo blog posted links to some of the model legislation on guns the group is pushing. Here are 9 of the awful gun bills ALEC wants to bring to a state near you.

1.Guns on Campus

Dubbed the “Campus Personal Protection Act,” this model legislation would allow handguns to be carried on campus. The ALEC bill would also “limit” regulations that the governing boards of colleges imposed on the carrying of guns on campus.

The bill is part of a wave of “concealed carry” gun laws that have passed around the nation–some with ALEC’s help. As the Center for Media and Democracy notes, “allowing ‘concealed carry’ has been a long-standing part of the NRA-ALEC agenda, passing in Wisconsin a year ago at the urging of Governor Scott Walker, who was given an award by the NRA for making this item law along with a version of the controversial ALEC-NRA “Stand Your Ground”/”Castle Doctrine” bill. A concealed carry law also was just passed last week in Michigan.”

2.Immediate Firearm Purchases

ALEC wants you to be able to get your gun–and get it fast. Blueprint legislation passed by the group’s NRA-chaired “Public Safety and Election Task Force” would prohibit waiting periods from being used on gun purchases. “The imposition of ‘waiting periods’ for firearms purchases is a diversion of scarce law enforcement resources away from violent crime and criminals,” the bill reads.

3.More ‘Stand Your Ground’ Laws

The Trayvon Martin case made “stand your ground” laws, or “Castle Doctrine” laws, a household name. Martin’s killer, George Zimmerman, claimed that he acted lawfully in “self-defense” when he shot the unarmed teenager. Florida has a “Stand Your Ground” bill on the books that makes it more difficult to prosecute people for killing someone if they claim “self-defense.”

ALEC wants to bring more of these laws to your state. Here’s how they sum up what the bill does: “This act authorizes the use of force, including deadly force, against an intruder or attacker in a dwelling, residence, or vehicle under specified circumstances.” Many states already have have “stand your ground” laws.

4.No Borders to Firearm Movement

This ALEC bill would, if passed, require states to recognize “concealed carry” permits or licenses from other states. This would mean that the state where guns are being carried in would have no recourse to go after people with guns if they have a permit and came from a state that allows “concealed carry” permits.

5.Annulling Local Regulations on Guns

For all its talk of federalism and love of local democracy, ALEC still wants to be able to impose its agenda–even if a locality wants nothing to do with it. One model bill the group wants passed in states is a provision that would “prohibit local jurisdictions from independently enacting restrictions on the possession of firearms.” If a city wanted to restrict guns, they’d be out of luck–this bill would take away their authority to do so.

6.Defending an Unregulated Gun Market

Governments, local officials and law enforcement groups have tried to push for gun manufacturers to adhere to some basic ground rules for the sale of weapons. One way to do this is by pushing for a “Code of Conduct” that gun manufacturers adopt. One example of what a “code” like this would do is getting a pledge from firearms makers to not promote weapons for extremely dangerous uses, like killing police officers with special bullets.

ALEC wants none of that. A blueprint for legislation calls such codes “politically-driven.”

7.Guns for Emergencies

This ALEC-backed legislation would prohibit states from confiscating firearms in the wake of a declared “state of emergency.” The group claims such a law would run afoul of the Second Amendment. It also calls for public employees who confiscate firearms to be found “guilty of the crime of larceny of a firearm or ammunition,” if such a law were on the books.

8.Semi-Automatics for Everyone

The killer at Sandy Hook Elementary School used a semi-automatic rifle to carry out his massacre. ALEC wants to restrict regulations that would curb the use and sale of semi-automatic rifles.

A resolution pushed by the group decries laws and regulations concerning semi-automatic rifles. The “American Legislative Exchange Council recommends the rejection of current proposals at the local, state, and federal levels that arbitrarily restrict the possession of the semi-automatic class of firearms by law-abiding American citizens,” ALEC writes.

9.Bolstering the Second Amendment

The Second Amendment is not going anywhere. But ALEC remains worried about attempts to regulate firearms, and passed a resolution decrying gun control while celebrating the amendment. The “American Legislative Exchange Council recommends the rejection of further restrictive firearms laws that only serve to limit law abiding citizens in the exercise of their Constitutionally guaranteed rights while having no effect on the activities of the criminal element in our society,” the resolution reads.

By Alex Kane, Alternet

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