NOT ONE MORE

FYI

There are bumper stickers on both Zazzle and Cafe Press that simply say, "Not One More."  Buy it here:

Richard Martinez pleaded with a do-nothing Congress to act so that "Not One More" person is suddenly taken away by a gunshot.

Mr. Martinez, Gabby Giffords, Moms Demand Action, and others, like Jon Stewart, who are simply fed up with the daily shootings in this country, should make their voices heard in every way they can.

Is There a Right to Life? And I'm Not Talking About Abortion

Guns and Mental Illness

Editorial Page New York Times

Joe Nocera 

It is difficult to read stories about Elliot Rodger, the 22-year-old man who went on a murderous spree in Isla Vista, Calif., last month, without feeling some empathy for his parents.

We know that his mother, alarmed by some of his misogynistic YouTube videos, made a call that resulted in the police visiting Rodger. The headline from that meeting was that Rodger, seemingly calm and collected, easily deflected the police’s attention. But there was surely a subtext: How worried — how desperate, really — must a mother be to believe the police should be called on her own son?

We also learned that on the day of his murderous rampage, his mother, having read the first few lines of his “manifesto,” had phoned his father, from whom she was divorced. In separate cars, they raced from Los Angeles to Santa Barbara hoping to stop what they feared was about to happen.

And then, on Monday, in a remarkably detailed article in The New York Times, we learned the rest of it. How Rodger was clearly a troubled soul before he even turned 8 years old. How his parents’ concern about his mental health was like a “shadow that hung over this Los Angeles family nearly every day of Elliot’s life.”

Constantly bullied and unable to fit in, he went through three high schools. In college, he tried to throw a girl off a ledge at a party — and was beaten up. (“I’m going to kill them,” he said to a neighbor afterward.) He finally retreated to some Internet sites that “drew sexually frustrated young men,” according to The Times.

Throughout, said one person who knew Rodger, “his mom did everything she could to help Elliot.” But what his parents never did was the one thing that might have prevented him from buying a gun: have him committed to a psychiatric facility. California’s tough gun laws notwithstanding, a background check would have caught him only if he had had in-patient mental health treatment, made a serious threat to an identifiable victim in the presence of a therapist, or had a criminal record. He had none of the above.

Should his parents have taken more steps to have him treated? Could they have? It is awfully hard to say, even in retrospect. On the one hand, there were plainly people who knew him who feared that he might someday harm others. On the other hand, those people weren’t psychiatrists. He was a loner, a misfit, whose parents were more fearful of how the world would treat their son than how their son would treat the world. And his mother, after all, did reach out for help, and the police responded and decided they had no cause to arrest him or even search his room, where his guns were hidden.

Once again, a mass killing has triggered calls for doing something to keep guns away from the mentally ill. And, once again, the realities of the situation convey how difficult a task that is. There are, after all, plenty of young, male, alienated loners — the now-standard description of mass shooters — but very few of them become killers.

And you can’t go around committing them all because a tiny handful might turn out to be killers. Indeed, the law is very clear on this point. In 1975,the Supreme Court ruled that nondangerous mentally ill people can’t be confined against their will if they can function without confinement. “In California, the bar is very high for people like Elliot,” said Dr. E. Fuller Torrey, who founded the Treatment Advocacy Center. In a sense, California’s commitment to freedom for the mentally ill conflicts with its background-check law.

Torrey believes that the country should involuntarily commit more mentally ill people, not only because they can sometimes commit acts of violence but because there are far more people who can’t function in the world than the mental health community likes to acknowledge.

In this, however, he is an outlier. The mainstream sentiment among mental health professionals is that there is no going back to the bad-old days when people who were capable of living on their own were locked up for years in mental hospitals. The truth is, the kind of symptoms Elliot Rodger showed were unlikely to get him confined in any case. And without a history of confinement, he had every legal right to buy a gun.

You read the stories about Elliot Rodger and it is easy to think: If this guy, with all his obvious problems, can slip through the cracks, then what hope is there of ever stopping mass shootings?

But, of course, there is another way of thinking about this. Instead of focusing on making it harder for the mentally ill to get guns, maybe we should be making it harder to get guns, period. Something to consider before the next mass shooting.

What Did the Framers Really Intend?

I hope that New York Times columnist Joe Nocera wins a Pulitzer Prize someday for all his hard work regarding gun violence in the United States.  Here is his column published on May 26, 2014.

Three days after the publication of Michael Waldman’s new book, “The Second Amendment: A Biography,” Elliot Rodger, 22, went on a killing spree, stabbing three people and then shooting another eight, killing four of them, including himself. This was only the latest mass shooting in recent memory, going back to Columbine.

In his rigorous, scholarly, but accessible book, Waldman notes such horrific events but doesn’t dwell on them. He is after something else. He wants to understand how it came to be that the Second Amendment, long assumed to mean one thing, has come to mean something else entirely. To put it another way: Why are we, as a society, willing to put up with mass shootings as the price we must pay for the right to carry a gun?

The Second Amendment begins, “A well-regulated Militia, being necessary to the security of a free State,” and that’s where Waldman, the president of the Brennan Center for Justice at the New York University School of Law, begins, too. He has gone back into the framers’ original arguments and made two essential discoveries, one surprising and the other not surprising at all.

The surprising discovery is that of all the amendments that comprise the Bill of Rights, the Second was probably the least debated. What we know is that the founders were deeply opposed to a standing army, which they viewed as the first step toward tyranny. Instead, their assumption was that the male citizenry would all belong to local militias. As Waldman writes, “They were not allowed to have a musket; they were required to. More than a right, being armed was a duty.”

Thus the unsurprising discovery: Virtually every reference to “the right of the people to keep and bear Arms” — the second part of the Second Amendment — was in reference to military defense. Waldman notes the House debate over the Second Amendment in the summer of 1789: “Twelve congressmen joined the debate. None mentioned a private right to bear arms for self-defense, hunting or for any purpose other than joining the militia.”

In time, of course, the militia idea died out, replaced by a professionalized armed service. Most gun regulation took place at the state and city level. The judiciary mostly stayed out of the way. In 1939, the Supreme Court upheld the nation’s first national gun law, the National Firearms Act, which put onerous limits on sawed-off shotguns and machine guns — precisely because the guns had no “reasonable relation” to “a well-regulated militia.”

But then, in 1977, there was a coup at the National Rifle Association, which was taken over by Second Amendment fundamentalists. Over the course of the next 30 years, they set out to do nothing less than change the meaning of the Second Amendment, so that its final phrase — “shall not be infringed” — referred to an individual right to keep and bear arms, rather than a collective right for the common defense.

Waldman is scornful of much of this effort. Time and again, he finds the proponents of this new view taking the founders’ words completely out of context, sometimes laughably so. They embrace Thomas Jefferson because he once wrote to George Washington, “One loves to possess arms.” In fact, says Waldman, Jefferson was referring to some old letter he needed “so he could issue a rebuttal in case he got attacked for a decision he made as secretary of state.”

Still, as Waldman notes, the effort was wildly successful. In 1972, the Republican platform favored gun control. By 1980, the Republican platform opposed gun registration. That year, the N.R.A. gave its first-ever presidential endorsement to Ronald Reagan.

The critical modern event, however, was the Supreme Court’s 2008 Heller decision, which tossed aside two centuries of settled law, and ruled that a gun-control law in Washington, D.C., was unconstitutional under the Second Amendment. The author of the majority opinion was Antonin Scalia, who fancies himself the leading “originalist” on the court — meaning he believes, as Waldman puts it, “that the only legitimate way to interpret the Constitution is to ask what the framers and their generation intended in 1789.”

Waldman is persuasive that a truly originalist decision would have tied the right to keep and bear arms to a well-regulated militia. But the right to own guns had by then become conservative dogma, and it was inevitable that the five conservative members of the Supreme Court would vote that way.

“When the militias evaporated,” concludes Waldman, “so did the original meaning of the Second Amendment.” But, he adds, “What we did not have was a regime of judicially enforced individual rights, able to trump the public good.”

Sadly, that is what we have now, as we saw over the weekend. Elliot Rodger’s individual right to bear arms trumped the public good. Eight people were shot as a result.