Common Sense Legislation?

March 12, 2018

This Old Walrus just doesn’t get it.  We don’t rely on the Mattachine Society to write legislation on sodomy with young boys.  We don’t (usually) weigh in with the Russian Mafia to write our laws on money laundering. So, why is it that the NRA has become the singular expert – the ‘Go-to People’ – for all issues concerning firearms?

Over the past decade, or so, we’ve had enough mass murders in the U.S. to spot some common ingredients:  (a) Perpetrator is an under-25 white male; (b) He is angry, isolated and/or socially challenged (often described in retrospect as ‘mentally disturbed’); and (c) The weapon of choice is an AR-15 (or equal), accompanied by high-capacity magazines.

Young men mature physically much faster than they mature mentally and emotionally.  A typical 18 to 20 Y.O. male physically looks like an adult, but just hasn’t attained the emotional and mental maturity that post-25 year old adults generally possess.

There is a ton of research which supports the notion that changes in cognitive abilities occurring in males between ages 18 and 25 are essentially a continued process of brain development that start during puberty.  At age 18, a young man is roughly halfway through the entire stage of development. The prefrontal cortex doesn’t have nearly the functional capacity at age 18 as it does at age 25.

It is unfortunate that Congress passed legislation in 1996 which effectively precludes the CDC from conducting research on the causes of gun violence (the Dickey Amendment).

There is some colloquial evidence that people who act out their Rambo fantasies are angry, isolated and/or socially challenged, and there may be a preventable linkage between male brain development and assault weapons, but until qualitative research is conducted, we really won’t know.

Meanwhile, there seem to be a couple of simple interventions which we could enact tomorrow that would put this issue on ‘pause’ until some qualitative research can be conducted:

  • Ban the manufacture, sale or possession of semi-automatic military-style assault weapons in the U.S.;
  • Ban the manufacture, sale or possession of magazines that can contain more than 10 rounds of ammunition, and outlaw devices like bump stocks that make weapons more deadly;
  • Institute universal background checks and close loopholes that let too many people slip through the cracks and purchase firearms despite being a threat to themselves or others;
  • No weapons for suspected terrorists, domestic abusers, or individuals convicted of hate crimes;
  • Impose a three-day waiting period for the purchase of all firearms, and raise the minimum age for buying those weapons to 21;
  • Institute a Gun Violence Restraining Order that allows law enforcement to confiscate weapons from individuals who are deemed dangerous to themselves or others.

These are common-sense solutions to help reduce gun violence in all communities across the U.S. – including accidents, suicides, domestic violence, mass shootings, and acts of terrorism. Most of these reforms are supported by a majority of Americans – not just Democrats or Republicans, but ALL Americans.

And, once we have obtained high-quality qualitative research on the causes of gun violence, our elected officials will be in a much better position to adapt and/or modify these interim interventions to reflect data-driven conclusions on the causes of gun violence in the U.S.

What are we waiting for?


Public calls to action for our Congress to ban ‘semiautomatic assault weapons’ (a.k.a. ’semiautomatic military style weapons’) are nothing new.

Way back in 1989, a known criminal bearing a Chinese-made AK-47 rifle shot and killed five schoolchildren and wounded 32 others on the grounds of an elementary school in Stockton, CA.  Following this incident, President George H. W. Bush signed an executive order (the Semi-Automatic Assault Rifle Ban) banning importation of assault weapons.

Several other massacres occurred in following years.  In October 1991, an unemployed drifter who had been discharged for cause from the U.S. Merchant Marine drove his pickup truck through the window at a cafeteria in Killeen, TX.  He jumped out with 2 semi-automatic pistols with high capacity magazines, opened fire, shot and killed 23 people, and wounded 27 others.  After several years of political posturing, the Texas State Rifle Association convinced legislators to follow the ‘good guy with a gun’ model, and in 1995, then Texas Governor George W. Bush signed a concealed carry law, opening Texas up to thousands of armed citizens walking the streets.

An incident on July 1, 1993 in San Francisco is often cited as the tipping point for introduction of legislation by Senator Dianne Feinstein (D-CA) intended to respond to public concerns about mass shootings by restricting firearms that met the criteria for what it defined as a “semiautomatic assault weapon”, as well as magazines that met the criteria for what it defined as a “large capacity ammunition feeding device”.

In the San Francisco massacre, the shooter – wielding modified semiautomatic pistols equipped with high-capacity magazines — killed eight people and wounded six.

In November 1993, Feinstein’s proposed legislation passed the U.S. Senate. By the time it worked its way through the legislative process and was signed into law by President Bill Clinton, the NRA and other gun industry advocates managed to get the law watered down, and to include a sunset provision on the proposed ban on ‘assault weapons’ to expire after 10 years.

Titled the Public Safety and Recreational Firearms Use Protection Act (a.k.a. Federal Assault Weapons Ban (1994)), it did ban semiautomatics that looked like assault weapons and large capacity ammunition feeding devices. The legislation passed in September 1994 with a sunset provision for the assault weapon ban section. The law expired on September 13, 2004.

That Act prohibited the manufacture, transfer, or possession of “semiautomatic assault weapons” as defined by the Act.  Weapons banned were identified either by specific make or model (including copies or duplicates thereof, in any caliber), or by specific characteristics that slightly varied according to whether the weapon was a pistol, rifle, or shotgun.  The Act also prohibited the transfer and possession of “large capacity ammunition feeding devices”  — defined as “any magazine, belt, drum, feed strip, or similar device manufactured after the date [of the act] that has the capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition”.

My theory is that if the 1994 law was not allowed to expire, most – if not all – of the recent mass shootings in the U.S. would never have occurred.  Best I can tell, each and every perpetrator involved in one of these massacres has had a seriously aberrant personality, mental illness or other anti-social or delusional characteristics.

Just imagine if there were no ‘Rambo-style’ weapons available for these folks to acquire – legally or on the black market.  Perhaps they would have taken out their frustrations and aggression through a different channel?

Let’s double down and demand that Congress update, strengthen and reauthorize the 1994 Federal Assault Weapons Ban, this time with no sunset provision.

Dianne Feinstein:  We are counting on you!

Elected Officials

July 10, 2012

Back in 1776, our founding fathers felt that it was a good idea to have elected officials represent their constituents to do “the work of the people”.

There have been a number of transformational changes which have occurred over the last 236 years in our society, our economy and in technology.

Yet, we have not really stopped for a strategic planning session to see if our Federal (State & Local) governments are structured to meet the demands and needs of our current global society.

Is anyone else thinking that it might be time for some re-engineering in how our public sector is configured to give us optimum results at the most reasonable cost?