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Despite Widespread Calls For Him to Go, the NRA is Stuck With Nugent

by Frank Smyth, February 16, 2016

The 1970s-era rock star and longtime National Rifle Association board director Ted Nugent lit a firestorm last week when he made a series of anti-Semitic posts on his Facebook page. Nugent accused prominent Jewish Americans of promoting gun control as part of a plot to disarm citizens and impose Nazi-like tyranny across the United States.

In response to criticism of his posts Nugent wrote, “what sort of racist prejudiced POS could possibly not know that Jews for gun control are nazis in disguise?”

Nugent has sat on the NRA board for more than twenty years. He’s also very popular among the organization’s leaders and members alike. Now, however, there is a movement from both outside and within the NRA demanding that Nugent finally be ousted.

But what casual observers of the gun lobby fail to realize is that the NRA’s own bylaws—withheld from the public, but obtained by The Progressive—make removing Nugent all but impossible anytime before 2017, and doubtful even after that. As I previously reported in Mother Jones, the National Rifle Association’s governing board of directors are elected through a tightly controlled nominating process, one that even former NRA directors have compared to a Soviet-style Politburo.

Previous efforts to recall NRA directors have dragged on for years, or have failed altogether. Nugent is up for reelection this year, but the bylaws that govern NRA board elections make it hard for any director with name recognition to lose. Eligible NRA members are asked to vote for up to twenty-five candidates out of no more than thirty officially sanctioned nominees. Nugent would have to end up being among the very least popular candidates not to be reelected.

In other words, it doesn’t matter how many members vote against him, only that he get more votes than a few others at the bottom of the pack.

Nugent could, of course, still step down voluntarily for the good of the organization. But his vigorous self-defense makes that seem unlikely. The NRA’s response to date makes it unclear whether they would even ask.

What is clear is that any effort to oust Nugent would divide the NRA.

Debbie Schlussel, a self-described conservative commentator, religious Jew, and gun rights advocate wrote on her blog site:

“Although thousands of people ‘liked’ and shared Ted Nugent’s scurrilous anti-Jewish screed and it drew a lot of anti-Semitic comments and support from Neo-Nazis and other anti-Semites, I’m very proud to note that many gun owners, particularly Christians and conservatives, posted comments attacking Nugent’s comments and disavowing them.”

It’s also unclear whether a movement to remove Nugent from the NRA board would succeed. “In this era of Trump, preceded by years of jackbooted PC thought policing, I don’t think the membership have much patience for ‘you can’t say that,’” wrote “Sebastian,” a Pennsylvania gun rights blogger and voting NRA member who wants Nugent off the board.

The NRA leadership, notably, has yet to weigh in. “Individual board members do not speak for the NRA,” spokesman Lars Dalseide told The Progressive, neither denouncing nor embracing Nugent’s remarks.

A few gun rights groups have denounced Nugent. Jews for the Preservation of Firearms Ownership, whose founder Nugent accurately states was a friend, recently posted on the group’s Facebook page that they were “appalled” at Nugent’s “deeply anti-Semitic comments.”

Another is Gun Owners of America, a much larger organization to the right of the NRA. The watchdog group Media Matters has linked longtime leader Larry Pratt to various white supremacist groups. But even Pratt denounced Nugent after his recent anti-Semitic rant.

“We’re very disappointed to see what Ted has done,” Pratt told the online magazine The Trace. “Gun Owners of America very strongly disagrees with his point of view.”

“Quite a few of the pro-gun people that I’ve spoken with today are simply done with Nugent,” wrote Bob Owens of the pro-gun website Bearing Arms. Owens stated that Nugent should apologize, and that if he wouldn’t, “then he has no business being on the board of an inclusive organization such as the National Rifle Association.”

This quote in particular has been repeated in The New York Daily News, The Washington Post, Huffington Post and Media Matters as evidence that gun owners at large are demanding the NRA oust Nugent from its board. On Friday, Charles C. W. Cooke in the National Review weighed in with a piece titled, “It’s Time for the NRA to Cut Ted Nugent Loose.”

But Cooke and other critics are all missing the same thing. The NRA could not cut Nugent loose even if most board directors wanted to. NRA bylaws that govern the organization have been written to maintain control over the board and to prevent challenges—more likely to come from the right-wing than from gun reformers.

“If they could, I’d say yes,” said the pro-gun blogger Sebastian in a public conversation with me on Twitter. But “NRA bylaws don’t allow it.” His Pennsylvania gun rights blog has long been sympathetic to the NRA. But many gun rights blogs have also been highly critical of the NRA for the way its leadership has long manipulated its own board elections.

“[T]he NRA insists on keeping election information and their board of directors shielded from public scrutiny,” noted Jeff Knox of the Firearms Coalition blog. “I don’t think most people who vote in NRA elections have much of a clue,” said Sebastian on Twitter. The process is so controlled that, in most years, fewer than seven percent of eligible NRA members bother to vote.

Similar to the way NRA bylaws control who gets elected to the board, the same bylaws control how a director may be removed once elected. Recalling a board director requires first the signatures of at least 450 eligible NRA members including 100 signatures each from three different states. But the signatures must be collected over the seven or eight month period beginning after the last NRA annual convention, held this past April in Nashville, and 150 days before the next NRA convention, taking place this May in Louisville.

So with May 20, the start of the Louisville convention, little more than three months away, it’s already too late for this year.

The signatures would then need to be validated, and, if enough were upheld, a hearing would be required within thirty days. If the hearing were to rule against Nugent, NRA voting members would be mailed ballots with pro and con opinions. Then, if a majority of responding voters were to mail back their ballots in favor of recall, that step would finally get Nugent off the board.

In other words, there is nothing that anyone can do to even start the process until nearly summer. Even then, the procedures would be sure drag on into 2017, to be decided perhaps at least a year from now, if at all.

Petitions to recall NRA directors have failed before. There has been an ongoing effort to try and recall Joaquin Jackson, a storied Texas Ranger who has acted in Hollywood films alongside stars like Tommy Lee Jones. In a 2005 interview Jackson said that he did not understand why any hunter would need more than five rounds. Jackson has been since derided as an “Elmer Fudd,” the bungling cartoon character whom NRA hardliners use to label those who fail to support the need for high-powered, high-capacity weapons.

Despite the decade-long effort, the former Texas Ranger remains on the NRA board.

This year another NRA director with even more name recognition faces a stronger challenge. In ballots slated to arrive this week, eligible NRA voters are being asked to vote for or against the recall of NRA director Grover Norquist. The prominent Republican and director of Americans for Tax Reform is accused of having ties to Islamist groups including the Muslim Brotherhood. Part of the concern is that Norquist’s wife is a Palestinian Muslim.

But the effort to recall Norquist has been in process within the NRA for nearly two years, and it also seems unlikely to succeed. “I urge you to VOTE NO on the recall of Grover Norquist,” wrote Todd Rathner last week on the Ammoland blog.

The lengthy bylaw requirements, of course, are one reason why Nugent is going nowhere. But another reason is that many eligible NRA members might still vote for the aging rocker despite his recent anti-Semitic remarks. Said Sebastian about his fellow voting NRA members, “People are not in a mood to be persuaded, or to think rationally about things like this.”

Frank Smyth is a freelance journalist who has written about the National Rifle Association for The Progressive, The Village Voice, The Washington Post, Mother Jones and MSNBC.com.

– See more at: http://www.progressive.org/news/2016/02/188561/despite-widespread-calls-him-go-nra-stuck-nugent#sthash.CH9ZhCgu.dpuf

Cat Scratch Fever—Is Ted Nugent’s Racism Too Much for Republicans?

by Frank Smyth, February 10, 2016

Racism has long bubbled quietly beneath the surface of America’s gun rights movement, even as its well-heeled leaders have wrapped themselves in the cloak of respectability. White Supremacists and neo-Nazis openly hostile to blacks, Jews, and other minorities continue to appear in public at gun rights rallies. But the National Rifle Association, in particular, has long held openly racist groups at arm’s length from their conservative but still very much mainstream political organization.

Not anymore.

Yesterday longtime NRA board member Ted Nugent went further into racist territory than any previous NRA director—including himself. Nugent posted a graphic on his Facebook page featuring photos of Jewish-American leaders who have spoken out in support of gun violence prevention. The accompanying text states that Jews are “really behind gun control” and that they “really hate freedom.” Within hours the Anti-Defamation League denounced Nugent saying that “anti-Semitism has no place in the gun control debate.”

At the root of Nugent’s Facebook post is the notion that gun control can lead to tyranny, if not genocide, as Republican Presidential candidate Ben Carson posited in his book and on the campaign trail last year. Other Republican candidates including Donald Trump and Ted Cruz have made similar statements. But claiming that gun control could lead to genocide is still not the same as claiming that Jewish-American leaders are supporting gun control to take away Americans’ rights as part of some absurd racist plot, as Nugent—an NRA board director for the past 20 years—has suggested.

How will the NRA respond to Nugent’s rant? The NRA’s polished leadership, based just outside the Washington beltway in Virginia, has long walked a fine line between extremism and respectability. NRA leaders have tried to mollify gun rights absolutists, including the racist extremists in the base, while maintaining the mainstream respectability that continues to make the NRA America’s most powerful single-issue lobbying organization. To hold this balance, NRA leaders, some of whom could teach Karl Rove the finer points of deflective communication, say different things in public to mainstream audiences than they do behind closed doors.

A more timely question is how the field of Republican presidential candidates—all of whom have made statements sympathetic to the NRA and gun rights—will respond. What will they say when asked if the NRA should remove Ted Nugent from its board? At least one gun control group is already demanding the NRA board remove Nugent, although, to be fair, the same group has made the same demand before. Nugent once called the late Trayvon Martin, who was fatally shot in 2012 in Florida by neighborhood watch volunteer George Zimmerman, a “dope-smoking, racist gangsta wannabe.”

Nugent may be a has-been performer in today’s music charts, but he remains a favorite son of influential Republicans. In 2013, Texas Republican Congressman Steve Stockman invited Nugent to come to Washington to attend President Obama’s State of the Union Address. The 67-year-old rocker, an avid gun owner and hunter, enjoys support among conservatives even though he once told High Times and later the Detroit Free Press how he took crystal meth, defecated on himself, and stopped bathing or brushing his teeth for weeks to fool his local draft board into relieving him of military service in Vietnam. He also told them how he often slept with underage girls while on tour with his band.

Nugent’s social media post yesterday, however, crossed a line, even for him.

“Know these punks. They hate freedom, they hate good over evil, they would deny us the basic right to defense & to KEEP & BEAR ARMS,” he wrote. Beneath his words is a square image with individual photos of twelve Jewish-American figures including former New York Mayor Michael Bloomberg, Senators Diane Feinstein, Chuck Schumer and Barbara Boxer, Richard Blumenthal and Carl Levin, former Obama aide and Chicago mayor Rahm Emanuel, and Harvard law professor Alan Dershowitz, each emblazoned with the Israeli flag.

Within hours the New York Daily News wrote a brief online piece protesting the post. Nugent soon fired back: “Just when you hope that mankind coudnt (sic) possibly get any dumber or more dishonest, superFreaks rise to the occasion. What sort of racist prejudiced POS could possibly not know that Jews for guncontrol are nazis in disguise?”

Nugent then made another Facebook post, this time of a late 1930s-era photo of German Nazis rounding up Jews showing one man wearing a Star of David. Beneath the image were the words: ‘Back when I learned about the Holocaust in school, I remember thinking, “How did Hitler get MILLIONS of people to follow along blindly and NOT fight back? Then I realized I am watching my fellow Americans take the same path.”

Images and texts like these—claiming that the Holocaust was the result of gun control—circulate widely on social media among gun rights absolutists and so-called Second Amendment advocates. To make sure Nugent’s 2.7 million Facebook followers got his point, Nugent wrote himself in the same post: “Soulless sheep to slaughter. Not me.”

Among the Republican Presidential candidates, Ben Carson has claimed that gun control in Nazi Germany helped produce the Holocaust. In his book, A More Perfect Union, Carson wrote that “German citizens were disarmed by their government in the late 1930s, and by the mid-1940s Hitler’s regime had mercilessly slaughtered six million Jews and others whom they considered inferior.”

Carson repeated this claim in October as he was running for President in a CNN interview with Wolf Blitzer, and then again a few weeks later in a speech at the National Press Club. Other Presidential candidates in both major parties chose not to weigh in at the time. But Alan E. Steinweis, a University of Vermont professor of history and Holocaust studies, debunked his claims in a New York Times op-ed.

“Mr. Carson’s argument,” wrote Steinweis, “is strangely ahistorical, a classic instance of injecting an issue that is important in our place and time into an historical situation where it was not seen as important. I can think of no serious work of scholarship on the Nazi dictatorship or on the causes of the Holocaust in which Nazi gun control measures feature as a significant factor. Neither does gun control figure in the collective historical memory of any group that was targeted by the Nazi regime, be they Jews, Gypsies, the disabled, gay people or Poles. It is simply a non-issue.”

Neither the NRA, nor its paid stable of legal scholars—whose undisclosed NRA financing I have documented here and one of whom, David Kopel, recently appeared on NPR’s Diane Rehm show talking about gun issues without disclosing his NRA funding—have since weighed either in support of Dr. Carson, or to challenge Dr. Steinweis.

But that didn’t stop NRA board director Nugent from going ahead and putting forth the theory again. After all, such unsubstantiated claims thrive in Twitter posts with hashtags including #NRA #2A (Second Amendment) #TCOT (Top Conservatives on Twitter) and “Molon Labe.” The term Molon Labe derives from the Greco-Persian wars of 480 B.C. and means “come and take them” or, what in contemporary NRA vernacular might be more like: “If you want to take my gun, you’ll have try pry it from my cold, dead hands.”

What motivated Ted Nugent to make such an unambiguously racist post now is unclear. He could not be reached for comment. On his Facebook page I queried him: “Ted, So why are you raising the sheep to the slaughter issue now? Do you know something we don’t?” Although he “liked” my comment, he hasn’t responded further.

One cannot help but wonder if he may have been influenced by some of the rhetoric used by candidates in the current Presidential campaign. After the terrorist attacks last fall in Paris, Donald Trump suggested that they were the result of France’s relatively strict gun control policies—policies that are similar to  those in every other Western European nation. The French ambassador Gerardo Araud responded to Trump’s remarks on Twitter: “This message is repugnant in its lack of any human decency. Vulture.”

Nugent endorsed Trump’s candidacy this past fall.

One of Trump’s challengers, Ted Cruz recently echoed a similar theme: “The right to self-defense is an essential component of the liberty we enjoy as Americans and is embodied in the Second Amendment.” The Canadian-born Texas senator’s view is shared by many American gun rights advocates. But whether gun control itself can lead to tyranny, or a genocide like the Holocaust, as Nugent just claimed, is a question that neither Trump nor Cruz has yet to address.

Ted Nugent’s statements may seem extreme to outsiders, but they reflect gospel truth within the gun rights absolutist community. The community even includes a few Jewish-Americans. “The founder of Jews For the Preservation of Firearms Ownership called me his 2nd Amendment/Freedom hero,” Nugent wrote yesterday on Facebook. The founder of this Jewish, pro-gun group, Aaron Zelman, passed away in 2010. He was a longtime friend of the NRA. I once heard him speak behind closed doors in Minneapolis at a 1994 NRA board meeting—one year before Ted Nugent was elected to the NRA board. Zelman made the claim then that Nugent made today—that the Holocaust resulted from gun control. He received enthusiastic applause from about 75 listening NRA directors.

But NRA leaders—for decades—have been far more circumspect in public. In 2012, NRA Executive Director Wayne LaPierre addressed a Small Arms panel at the United Nations in New York, and unequivocally explained the real purpose, in his view, of the right to bear arms.

“Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea. History proves it.  When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives,” he said. The statement remains posted on the NRA lobbying wing’s website.

But less than a year later, when pressed on this point by Democratic Senator Dick Durbin from Illinois during a Senate Judiciary Committee hearing in response to the carnage at Sandy Hook Elementary School, the NRA leader chose more guarded language.

Sen. Durbin asked LaPierre point blank about the purpose behind the Second Amendment, saying his own constituents who are NRA members have said it’s not just about hunting, shooting targets, or even defense against criminals, telling the senator: “We need the firepower and the ability to protect ourselves from our government—from our government, from the police—if they knock on our doors and we need to fight back.”

It seemed like the perfect opportunity for the NRA leader to lay out how the NRA cherishes the Second Amendment for its defense of freedom. But LaPierre, in a far milder tone that he used at the United Nations in New York seven months before, gave a far more subdued answer on camera in Washington:

“Senator, I think that without a doubt, if you look at why our founding fathers put it there, they had lived under the tyranny of King George and they wanted to make sure that these free people in this new country would never be subjugated again,” said LaPierre.

But in today’s world, the NRA leader went on, the Second Amendment remains “relevant and essential” for other reasons. People fear “being abandoned by their government. If a tornado hits, if a hurricane hits, if a riot occurs that they’re gonna be out there alone. And the only way they’re gonna protect themself (sic) in the cold and the dark, when they’re vulnerable is with a firearm.”

Ted Nugent is one NRA leader who has never been guarded in his talk about the Second Amendment which, in his view, is still all about the right to not only bear arms, but to bear them against the government when and if needed to prevent tyranny. If recent Twitter posts are any indication, many NRA advocates agree with him. “Ted Nugent is right!” reads one such post that included a news headline, “Jewish groups push for action on gun control.”

So what does the NRA think about Ted Nugent’s claim that Jewish-Americans who support gun control are really Nazis in disguise trying to disarm Americans to impose tyranny? This is one question to ask NRA leaders like LaPierre. Another is, should the NRA remove Nugent from its board?

The same questions should be put to Presidential candidates starting with Carson, Trump, and Cruz.

Frank Smyth is a freelance journalist who has written about the National Rifle Association for The Progressive, The Village Voice, The Washington Post, Mother Jones and MSNBC.com.

– See more at: http://www.progressive.org/news/2016/02/188548/cat-scratch-fever{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}94-ted-nugent{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99s-racism-too-much-republicans#sthash.cbgVPR93.dpuf

The Times Has Finally (Quietly) Outed an NRA-Funded “Independent” Scholar

This article originally appeared in The Progressive on April 23, 2014 here.

by Frank Smyth

Last Friday The New York Times finally addressed a conflict of interest that it had been ignoring for years. Although, among the powerful institutions that have long done so, the Times is hardly alone. The matter helps illustrate how the gun lobby has managed to shape the nation’s gun debate without showing its hand. The news comes to light one day before the start of the National Rifle Association’s annual convention in Indianapolis.

David Kopel is the Research Director and Second Amendment Project Director of the Colorado-based nonprofit Independence Institute, which describes itself as a “free-market think tank.” He is an Associate Policy Analyst at the Washington-based Cato Institute, and an adjunct professor of advanced constitutional law at Denver University. Kopel is also the author of 15 books and 90 scholarly articles many having to do with the Second Amendment and gun policies.

Kopel is widely known as one of the nation’s leading legal scholars on gun issues, writing from a pro-gun rights perspective. He testified in the Senate last year as an apparent independent expert in the nationally televised hearings held in the wake of the Newtown, Connecticut Sandy Hook Elementary School tragedy. For even longer, he has regularly written opinion pieces for newspapers like The Wall Street Journal while being similarly identified as an independent scholar.

David Kopel has managed to establish himself as an independent authority on gun policy issues even though he and his Independence Institute have received over $1.42 million including about $175,000 a year over eight years from the NRA.

NRA officials at the nonprofit group’s Virginia headquarters declined to respond to repeated requests for comment.

Kopel, for his part, has rarely disclosed his NRA funding. But when presented with evidence of it, he has not denied it, either.

“If that’s her editorial judgement, that’s fine with me,” he said in a brief telephone interview on Friday from his Colorado office at the “Independence Institute” about a New York Times editor’s decision to disclose his NRA funding in an opinion piece under his byline posted the day before. “I’m not going to second-guess an editor.”

For years, Kopel’s defense of the gun lobby has been unmistakable. “Today, with 4 million members, the N.R.A. is one of the largest civic organizations in the U.S., and by far the largest civil liberties organization on the planet,” he wrote in the Times “Room for Debate” section last year less than one month after the Newtown Sandy Hook shooting.

Kopel also often suggests, much like NRA leaders, that there is little possible compromise in the gun policy debate. “The only item on the agenda of today’s antigun advocates that realistically could have prevented a psychopath from stealing his mother’s legally registered guns would be banning and confiscating the more than 300 million firearms in the United States,” he added in his Times’ piece last year right after a disturbed young man in Newtown used his mother’s guns to murder first his mother and then 26 others including 20 first-grade children.

Last week, in the same Times forum, Kopel painted former New York City Mayor Michael Bloomberg, who recently pledged to devote $50 million to promote gun reform efforts, as an extremist. “[A]ccording to my analysis, the Bloomberg version of background checks felonizes the vast majority of American gun owners.” A link embedded into the words “my analysis” refers to an article last spring under his byline in the National Review that similarly fails to disclose Kopel’s NRA funding.

His arguments often set up straw men that he then knocks down. How many gun control advocates or groups, for instance, have ever suggested that Mexico’s failed gun policies could somehow be a model for us? Yet Kopel recently wrote online in The Washington Post, one of two major newspapers to run his gun policy opinions last week, a piece titled “Mexico’s gun control laws: A model for the United States?”

News broadcasters and a leading journalism institute have also treated Kopel as an independent expert. Both PBS and NPR have brought him into gun policy debates as an apparent independent voice. The nonprofit Poynter Institute has asked Kopel to help lead seminars for journalists on gun policy issues including last spring during the Congressional gun debate. (This coming Friday Kopel will help lead a Firearms Law Seminar at the NRA convention in Indianapolis.)

Newspapers like The Christian Science Monitor have cited Kopel as an independent expert in news reports. Although two newspaper reporters, Ed O’Keefe and Tom Hamburger, in the news section of the Washington Post did identify Kopel’s NRA funding at least once last spring, after I broke news of it on MSNBC.com, and after the NRA itself began distributing one of Kopel’s opinion pieces during the Congressional debate over gun control legislation.

LAST FRIDAY at 3:53 PM in New York editors at The New York Times “Room for Debate” online section changed Kopel’s author ID on his opinion piece almost 22 hours after it had been originally posted. The change informed readers that Kopel “has received grant money from the National Rifle Association’s Civil Rights Defense Fund.” Kopel had been previously identified in this piece, like in his previous Times “Room for Debate” pieces, as an independent researcher, author and legal scholar.

Kopel received $1.39 million in grant money from the NRA Civil Rights Defense Fund between 2004 and 2011, according the Fox News affiliate television station in Denver, Fox31, in a May 2013 report by Eli Stokols. The report was about a lawsuit filed by Kopel and his Independence Institute on behalf of 55 of Colorado’s 62 elected sheriffs challenging Colorado gun control laws passed last year.

The same day that Kopel led a press conference with Colorado sheriffs to announce the law suit, Colorado resident Tom Mauser called the Independence Institute to ask the think-tank whether it has received money from the NRA. Mauser has been a well-known Colorado gun control advocate for years, ever since his 15-year-old son, Daniel, was one of 12 students murdered along with one teacher in the 1999 Columbine High School shooting.

“I asked them if they got money from the NRA, and they wouldn’t tell me,” Mauser told Fox31 Denver. “They said, ‘look it up for yourself.’”

In February 2013, less than one month after Kopel testified in the Senate, I reported in MSNBC.com that two of the Senate’s recent witnesses, Kopel and David T. Hardy, another legal expert who similarly testified at the nationally televised Senate hearing as an independent witness, had received over $108,000 and $67,500, respectively, from the NRA Civil Rights Defense Fund in 2011.

At the hearing, Senate Judiciary Committee Chairman Senator Patrick Leahy from Vermont read Kopel’s biography including his affiliations with the Independence Institute, the Cato Institute and Denver University Strum College of Law. Chairman Leahy jokingly added, “Did I get that all correct?”, before giving Kopel the floor. No one, not any Senators, Kopel or the press made any mention of his NRA funding.

Kopel later conceded to me that he has received NRA funds, but maintained that he was not obligated to disclose them.

“I’ve never heard of [a] think tank or interest group employees naming donors during legislative testimony,” Kopel wrote to me in an email last year.

Kopel’s role at the Independence Institute is larger than it appears. Dozens of staff members and experts including the institute’s President Jon Caldara are listed on the institute’s website. But the highest paid employee is not the organization’s president but Kopel who earned $187,666 including bonuses, a total of $67,000 more than Caldara in 2011, according to the group’s latest financial records available.

The same year, Kopel received not only one $108,000 grant from the gun lobby, but part of another grant from the NRA’s Civil Rights Defense Fund, this one for a $55,000 grant to him and two other Independence Institute scholars.  The NRA fund has continued supporting the Independence Institute, giving the group $317,500 in 2012, according to the NRA fund’s latest records on file.

Kopel has bona fide Ivy League credentials. He graduated with honors from Brown University and earned his J.D. magna cum laude from the University of Michigan Law School. He has written for scholarly journals at Yale, New York University, Johns Hopkins, Notre Dame and the University of Pennsylvania.

Kopel is a regular contributor, too, to “The Volokh Conspiracy,” an influential and self-described “libertarian, conservative, centrist” legal blog that since January has been hosted by The Washington Post. Kopel wrote another piece there on Monday arguing that both the First and Second Amendments “safeguard natural, pre-existing human rights.”

At the same time, Kopel’s gun lobby funding is now no longer in doubt. The question is how should those who give him a platform to air his gun rights views like Congress and the Times identify him to the public?

“The more readers know about the background of an opinion writer, the better they are served. And that applies here,” The New York Times Public Editor Margaret Sullivan told me last year in an email after I first broke news of Kopel’s NRA funding.

Last Friday, I forwarded her email to editors at the Times “Room for Debate” section, after they ran another one of Kopel’s pieces without disclosing his NRA funding. Editors made the change to identify Kopel’s receipt of NRA grant money little over an hour later, after first calling Kopel to confirm his receipt of NRA funds.

Kopel’s piece last Friday in the Times was part of an online series by six different authors about the nation’s gun policies pegged to both Bloomberg’s funding announcement and this weekend’s NRA convention. The series was titled, “Toe to Toe with the NRA.”


Frank Smyth is an independent, award-winning investigative reporter who has covered the gun lobby for The Progressive and MSNBC. His Mother Jones story last year, “Unmasking the NRA’s Inner Circle,” won the Society of Professional Journalists Delta Sigma Chi award for National Magazine Investigative Reporting. His clips are posted at www.franksmyth.com. Follow him on Twitter @SmythFrank.

– See more at: http://www.progressive.org/news/2014/04/187663/times-has-finally-quietly-outed-nra-funded-{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9Cindependent{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9D-scholar#sthash.OYfZhMvM.dpuf

One Year After Sandy Hook, Shooting is Still a Family Sport

What was the mother of the Sandy Hook Elementary School shooter thinking over a year ago?

Trying to find a way to somehow help her clearly troubled youngest son.

Gun culture is often associated with red states in the South, Midwest and Rocky Mountains. But gun ownership is a time-honored tradition in many blue states, too, like among the bedroom communities within commuting distance of New York City in Southwestern Connecticut.

The late Nancy Lanza in Newtown grew up with firearms and had a pistol permit. She returned to shooting with more intensity, according to one family friend, after her 2009 divorce. She wanted to bond with her youngest son, Adam, especially, who five years before, at 13, had been diagnosed with Asperger’s syndrome, and who, instead of getting better, had been showing signs of social dysfunction and anxiety.

“Shooting was a pastime in which the family engaged,” reads theConnecticut State’s Attorney report of the Sandy Hook massacre released last month. “Both the mother and the shooter took National Rifle Association (NRA) safety courses. The mother thought it was good to learn responsibility for guns. Both would shoot pistols and rifles at a local range and the shooter was described as quiet and polite.”

David B. Lyman is the owner of the Blue Trail Range, “New England’s finest shooting range,” according to the range’s website, “where shooting is a family sport.” Lyman is also an NRA-certified instructor and former national sports shooting champion. He does not seem to have spoken with reporters much since the New York Post last year in the early days after the shooting named the Blue Trail Range as the Lanza family’s preferred gun range.

Did Nancy Lanza go shooting there with one or both of her sons?

“He will not be calling. I can guarantee it,” said a woman about her boss David Lyman after she answered the phone at the Blue Trail Range in Wallingford, about 40 miles from Newtown. An email from bluetrailrange.com later directed queries to Lyman’s lawyer, Craig Fishbein.

“There is nothing that has ever been confirmed,” said Fishbein about whether the Nancy and Adam Lanza went shooting at the Blue Trail Range. “There’s a sign-in process. There’s never been anything showing that.”

David Lyman’s wife, Debbie, runs the “Junior” or child shooting division of the Connecticut State Rifle & Revolver Associationbased in New Haven. One category among Junior competitors is the Smallbore or .22 caliber rifle. One popular rifle among Juniors is the Mark II made by the Massachusetts-based Savage Arms, which describes it as being “light enough to be a child’s first rifle.”

Nancy Lanza owned a Savage Mark II, which was later found near her bed. In the years before she died, she may or may not have encouraged her youngest son, Adam, to use it. All we know now for sure is that he did not partake in shooting competitions. Instead Adam, who was 20 a year ago when he perpetrated the massacre, preferred isolation, computers and video games. One friend told The Wall Street Journal last year that Nancy brought Adam to the range to not only bond with him, but to try and teach him responsibility.

This past spring, as the Sandy Hook heartbreak continued to resonate in Washington and around the nation, the Connecticut State Rifle & Revolver Association held its annual All-State Awards Dinner in Wallingford to honor Junior shooters. Junior Director Debbie Lyman presided over the ceremony, where dozens of boys and girls, some of whom were already bound for college, were honored for having successfully shot in Junior matches.

Did the Sandy Hook shooting ever come up?

“I’m not going to make any comment on the Sandy Hook issue,” Debbie Lyman said this week by telephone from her office at a university-affiliated medical office.

The Guest Speaker for the Junior awards dinner was NRA board member Patricia Clark, who works as a hospital laboratory technician. Earlier this year, I identified her in Mother Jones and The Progressive as the former Chairman of the NRA’s shadowy Nominating Committee, which hand-picks candidates to control elections to the NRA board.

Clark remains an NRA board member and member of the board’s executive committee. She also happens to live little more than a few miles from the site of America’s worst gun tragedy, the now torn-down Sandy Hook Elementary School.

NRA Director Clark declined to return both voice and email requests for comment.

Clark is a nationally recognized Smallbore rifle competitor. Both David and Debbie Lyman are NRA Double Distinguished Expert shooters with the Smallbore rifle, according to an Ohio State website and biography of their son, Remington Lyman. A member of the Ohio State Rifle Team, Remington, who shares the namesake of America’s oldest arms manufacturer, shoots air and Smallbore rifles for the Buckeyes at National Collegiate Athletic Association Rifle competitions.

Surrounded by so many families who have, by any measure, successfully bonded with their children while shooting guns, Nancy Lanza perhaps thought that giving her mentally ill son Adam guns including a Smallbore rifle might somehow help draw him out of his shell. Instead he turned the .22 caliber rifle on her.

“Prior to going to the school, the shooter used a .22 caliber Savage Mark II rifle to shoot and kill his mother in her bed at the home where they lived,” according to the Connecticut State’s Attorney report.

Adam brought two handguns — a Glock 20, a10 mm semi-automatic pistol and a Sig Sauer P226 9 mm semi-automatic pistol — along with a Bushmaster XM15-E2S semi-automatic rifle with him into the Sandy Hook school. He used the Bushmaster to quickly discharge over three hundred rounds, causing the fatal, unspeakable carnage that left 20 first-grade children and six of their teachers dead on the ground.

By then Adam had already left the Savage Mark II behind, back in his mother’s bedroom, after taking the time to use the bolt-action Smallbore rifle to shoot Nancy Lanza four times in the head.

The Connecticut State’s Attorney report concluded that the motive for Adam’s behavior may never be known. But his mother’s actions suggest a different story. No doubt she never should have introduced her youngest son to guns. But her motive for bringing him to a shooting range seems to make more sense once one glimpses the successful families of sports shooters within her community.

One reason gun reform has failed since even the Sandy Hook tragedy may be that advocates have failed to grasp the depth of gun culture in not only red states but also blue ones. Another could be that gun reform advocates have yet to find a way to talk to gun owners without the gun lobby led by the NRA twisting the discussion.
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Frank Smyth is a freelance journalist who has covered the National Rifle Association for The Village Voice, The Texas Observer, Mother Jones, The Progressive and MSNBC, where, over the past year, he has been a frequent on-air contributor. His clips are posted at www.franksmyth.com, and his Twitter handle is @SmythFrank.

Photo: Flickr user Gordon Tarpley, creative commons licensed.

Click here to read the original story in The Progressive: http://progressive.org/one-year-after-sandy-hook-shooting-still-a-family-sport

This Is Why the NRA Endures

Earlier this year, long before this week’s latest tragic shooting at the Washington, D.C., Navy Yard, one expert after another predicted the gun lobby’s demise. The horrific massacre of mostly first-grade children in Newtown, Connecticut, seemed to have changed the nation’s views of guns. President Obama and Congressional leaders promised action in Washington. Governors in states from New York to Colorado pledged to pass stricter gun laws in their states, too.

For seven long days after Newtown’s Sandy Hook Elementary School shooting, the gun lobby said not a word. When the National Rifle Association chief executive Wayne LaPierre finally did speak on national television, commentators ridiculed him for sounding so “tone deaf” to the still raw emotions of the nation. His proposed solution of solving gun violence by having more guns rang hollow. The gun lobby looked vulnerable for the first time in decades since it emerged on the national stage during the unsteady, often violent times of the late 1970s.

Gun reform groups stepped up after the Newtown tragedy to do something they had never done before: They tried to match the NRA dollar for dollar in electoral campaigns to help gun reform candidates win. National trends seemed to be on their side. Analysts noted that gun ownership has fallen from half of American households back in the 1970s to a third today, and that politicians have won elections even in conservative states despite having defied the NRA. Soon one New Republic author boldly proclaimed, “This is How the NRA Ends.”

Today, however, the NRA seems strong and at no risk of going away nine months after Newtown’s Sandy Hook school shooting. NRA membership is, by any measure, at a record high. Gun sales across the nation are also breaking records. More importantly, this spring in Washington and this summer in Denver, the NRA has shown it still has the clout to influence major legislation in defiance of what opinion polls post suggest voters want, and to punish individual officials who respond to t voters’ wishes by defying the NRA and its gun rights agenda.

Underestimating the gun lobby has been the gun reform movement’s biggest mistake. Defeating an organization so deeply rooted across so much of American society will require a different approach. The side that wins this debate will be the one that manages to appeal to more gun owners and countless other Americans who share many of the same fears. It will require taking on the gun lobby where it is most vulnerable: its absolutist, if not extremist, ideology that puts forth a false choice between freedom and tyranny. Instead the gun reform movement needs to reframe the debate as a choice between gun violence and gun safety.

Nine months after the Sandy Hook school massacre, millions of Americans are actually living with fewer gun restrictions than before. Six out of the nation’s fifty states have passed stricter gun laws in the wake of the Newtown shooting.

New York, Connecticut, and Maryland have improved background checks before gun purchases, limited military-style, semi-automatic weapons and large capacity magazines, along with requiring safety training and strengthening measures to keep guns away from domestic violence abusers and the mentally ill.

Delaware and Colorado now require background checks on all gun sales. Colorado also limited magazine capacity.

California strengthened laws to confiscate guns from criminals and the mentally ill.

But many other states have moved in the opposite direction.

Arkansas now allows firearms to be carried inside churches and other places of worship.

Wyoming now lets judges decide whether to allow guns to be brought into their courtrooms.

Virginia made the records of concealed carry permit holders private.
This month in Missouri legislators tried to override Gov. Jay Nixon’s veto of a bill that aspired to make it illegal for state police and other authorities to enforce federal gun laws.

Moreover, in Washington, after their defeat this spring, gun reform groups are not expecting to make any progress until the November 2014 elections. Even then it remains far from certain how many or whether enough gun reform candidates may win.

What accounts for the gun lobby’s uncanny pull across the nation?

Many critics blame the influence of the gun industry. No doubt the gun industry plays a major role. In January I reported first in Mother Jones and later The Progressive how George K. Kollitides II, the CEO of Freedom Group that made the Bushmaster AR-15 semi-automatic rifle used in Newtown, had quietly served on the NRA’s Nominating Committee for its own internal elections. Last year Freedom Group led the gun industry with record sales of $931.9 million. Freedom Group CEO Kollitides is also a Trustee of the NRA Foundation.

Other gun industry executives sit on the NRA’s board. One is Pete Brownell, the third-generation family CEO of Brownells, Inc., America’s largest supplier of firearms parts, tools and accessories, whose father and chairman, Frank R. Brownell III, is President of the NRA Foundation. Another is Ronnie G. Barrett, the CEO of the Tennessee-based Barrett Firearms Manufacturing, which designed the first .50-caliber rifle for civilian use. A third is Stephen D. Hornady, an NRA board director who, like Kollitides, is an NRA Foundation Trustee. Hornady is the second-generation family CEO of the Nebraska-based ammunition-making firm, Hornady Manufacturing.

Other gun industry figures, like Larry and Brenda Potterfield of MidwayUSA, stay out of NRA board politics while still contributing heavily to the gun lobby. A Missouri-based retailer and wholesaler of firearms products, MidwayUSA, has contributed generously to the NRA through programs like “Round-Up,” which allows firearms consumers to round-up their purchase to the next dollar to make a donation in the name of defending the Second Amendment. To date MidwayUSA’s Round-Up program alone has contributed $8.9 million to an NRA endowment.

But gun industry money is only part of the story. Gun ownership may be down across the United States. But gun culture and politics surrounding it still thrive, especially in rural and even many suburban areas in nearly every state.

Moreover, gun rights activists have been organizing voters at the grassroots decades before anyone ever heard of the Tea Party. So-called Second Amendment activists may not have majority appeal, but they seem have to deep support across sizable minority of the population, which translates into a majority in many predominately white and rural voting districts.

Here the recall votes in September of Colorado are instructive. State senators John Morse from Colorado Springs and Angela Giron from Pueblo became the first elected officials ever recalled in the Rocky Mountain state. Colorado voters in their respective districts and across the state, much like voters across the nation, favored recent gun control legislation requiring background checks on gun purchases and limiting ammunition magazines to no more than fifteen rounds. The incumbents were put at a disadvantage in the recall election by a court ruling disallowing mail-in ballots. At the same time, they were helped by funds poured into the state by gun reform groups that in the case seem to surpass even campaign spending by the gun lobby.

The two Colorado state senators, one of whom is a former police chief, lost at the polls due to a truly impressive turnout by voters favoring gun rights.
This is what many commentators and NRA critics missed. The gun lobby may not enjoy majority appeal. But it has a larger army of organized, devoted supporters than any other single-issue lobby in America.

The gun reform lobby includes Mayors against Illegal Guns, funded by billionaire New York City Mayor Michael Bloomberg, and Americans for Responsible Solutions, organized by former Rep. Gabrielle Giffords (who survived a 2011 shooting in her Phoenix, Arizona, district that left six people dead, including a nine-year-old girl). These groups have money, but nowhere near the NRA’s kind of grassroots organization.

This also helps explain the defeat in Congress in April of a bipartisan bill sponsored by Senators Joe Manchin, a Democrat from West Virginia, and Pat Toomey, a Republican from Pennsylvania. The bill was widely criticized as a weak and ambivalent piece of legislation that divided advocates on both sides of the debate, but it would have required background checks for at least all commercial sales of guns. Its defeat was a symbolic, but still powerful victory for the gun lobby, demonstrating the ongoing national power of the NRA.

What is the lesson of the gun lobby’s success since Newtown?

The NRA does not need majority support across the nation or even individual states. As long as it can effectively divert money and mobilize voters to defeat key candidates who vote for gun reform, it can tip local locations in its favor to protect its gun rights agenda.

Promoting any meaningful gun reform in the United States will require organizing people in their communities in a way that progressives in this nation have long dreamed about but rarely been able to do, or sustain for very long. Ironically, if done properly, the need for an effective gun rights movement could finally bring progressives such a chance.

What is not needed to effectively promote gun reform across the nation is for ultra-liberal cable TV commentators who live in cities on either coast throwing up their hands and asking why anyone would ever even need a gun.

Instead, what is needed to finally promote gun reform may seem counterintuitive to some progressive: to acknowledge and respect gun owners on their own terms.

People keep firearms for many reasons. Millions of Americans hunt prey from waterfowl to deer every year. Many homes across America have shotguns, rifles, and other firearms that have been passed down through generations. For many young boys and increasingly girls, getting their own hunting rifle is a rite of passage.
Many other Americans enjoy target shooting, including in highly organized competitions.

And a lot of people have guns for what they perceive as their need for personal protection. Pointing out, as many liberal critics are prone to do, how one is statistically safer in a home without a gun rather than with one is unlikely to resonate across much of the heartland. Instead effective gun reform advocates need to reaffirm Americans’ right to keep their firearms, while making the discussion one about gun safety.

The gun lobby’s core argument is not about gun safety, though groups like the NRA deserve credit, in fact, for organizing more gun safety classes across the nation than any other groups.) The NRA’s driving principle is that guns in the hands of citizens are the first check and necessary bulwark against the possibility of government oppression. That’s is why the Founding Fathers wrote the Second Amendment into the Constitution, the NRA says.

“Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea,” said NRA CEO LaPierre before a United Nations panel last year in New York.

“History proves it. When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.”

This is a bogus, ahistorical argument as I wrote in The Progressive in March in “Gun Control and Genocide.” But it is a view that many self-described Second Amendment absolutists in and out of the NRA share.

Only in recent decades did the NRA first become such anideological organization. In fact, for the first 106 years of its existence, the NRA was a gun club devoted to sports shooting and safety training. But in 1977 the NRA got taken over by Second Amendment absolutists and underwent a metamorphosis into the gun lobby.

The late 1970s was a precarious time, marked by rising inflation, oil prices, and crime rates, along with a widespread lack of faith in government institutions. The popular film genres of the decade involved rogue actors taking matters, if not the law, into their own hands often through the use of righteous violence. Films like Dirty Harry, Taxi Driver, Serpico, and Death Wish all come to mind, and each in their own way seems to validate many of the basic precepts of today’s gun lobby.

NRA conventions are filled every year with predominately white men who all seem to share a fear of the future. Economic decline, decreasing incomes and rising health care costs, combined with the steady pace of changing demographics toward an increasingly “browner” America, along with what many see as eroding social mores exacerbated by mass media, combine to generate fear. The American lifestyle depicted in Norman Rockwell paintings is long gone.

For many Americans, the guns they keep in their homes make them feel like they still have some power in the face of a world they no longer know nor understand.

“It’s not surprising then that they get bitter, they cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations,” said then-Senator Barack Obama in a famous 2008 electoral campaign gaffe that actually touched on some truths.

Ideological extremism is where the gun lobby and the NRA are most vulnerable. Clinging to guns and bibles as a way of trying to hang on to a fleeting past is not the same as arming oneself to fight a future war against one’s own government. But the latter notion has been the driving ethos behind the gun lobby over the past 26 years, even though, until recently, most NRA leaders tried to keep such views quiet and away from public scrutiny.

Now the NRA’s most frequent keynote speaker is Glenn Beck, the former Fox News commentator and rightwing radio talk show host. Survivalists and conspiracy theorists are only growing in importance at the NRA’s base, and they hold views that often go well beyond those of even conservative libertarians. At the same time, the NRA is fighting to retain its mainstream influence within the conservative wing of the Republican Party.

Fear of a future tyrannical government is the main barrier to passage of effective gun control laws in the United States. In states like New Jersey, for instance, one can have an arsenal of weapons in one’s home to protect oneself, as long as the gun owner himself and each handgun are all individually registered with the state.

Most gun owners would have no problem with that. But the Second Amendment activists who dominate and support the NRA do.

Gun reform advocates need to promote the notion that government efforts to regulate gun ownership, to provide background checks for gun purchases, to prevent guns from being in the hands of domestic abusers and other criminals, to prevent guns from ending up in the hands of mentally ill individuals who have been found to be the shooters in so many recent tragedies, are all achievable, desirable ends.

And the legitimacy of the government’s role in regulating firearms transactions was upheld by the U.S. Supreme Court, in the same decision, written by Justice Antonin Scalia, that upheld the notion that every American citizen, unless there is specific reason to forfeit it, has a right to keep and bear arms.

In short, the gun lobby can be defeated. But only if gun reformers start seeing most American gun owners on they’re own terms and start organizing voters at the grassroots.

Gun lobby: Who got elected to the NRA board?

This year’s gun lobby board election brought a few surprises, as the National Rifle Association has been trying to keep the results (and the low voter turnout) quiet.

George K. Kollitides II is the founder and CEO of Freedom Group, America’s largest and most profitable firearms consortium. One of the company’s  products is the Bushmaster AR-15 semi-automatic rifle that was used last December in the Sandy Hook school massacre.

Last year Freedom Group led the gun industry with record sales of almost $1 billion, or $931.9 million. Kollitides also quietly served last year on the NRA’s shadowy Nominating Committee for the NRA’s 2012 board elections, as reported in January in Mother Jones. His place on the Nominating Committee likely helped get his name on the NRA’s official ballot this year.

Yet he still lost his bid for the NRA board, according to election results just published in the August edition of the NRA’s American Rifleman magazine, available only to NRA dues-paying members, a copy of which was obtained by MSNBC. Kollitides remains a Trustee of the NRA Foundation, according to its latest annual report. The foundation’s activities include organizing gun safety and target shooting competitions for children.

Calls to Kollitides’ office at Freedom Group’s headquarters in Madison, North Carolina, requesting comment were not returned.

Other gun industry executives sit on the NRA’s board. Pete Brownell is the third-generation family CEO of Brownells, Inc., America’s largest supplier of firearms parts, tools and accessories. He easily won his reelection. His father and chairman of the board for the family business, Frank R. Brownell III, is also President of the NRA Foundation.

A representative of Brownells in Montezuma, Iowa, told MSNBC.com that neither executive was available for comment.

Two more gun industry executives sit on the NRA board.

Please continue reading  the story here: http://tv.msnbc.com/2013/08/19/gun-lobby-who-got-elected-to-the-nra-board/

Christie moves right on gun issues with veto

Last summer, after Hurricane Sandy, New Jersey Gov. Chris Christie showed independence from his own party when he embraced President Barack Obama. The move made Christie a target among his GOP colleagues for appearing to betray then-presidential candidate Mitt Romney. But Friday night Christie,  a possible 2016 GOP presidential candidate, seemed to move back to the right on gun issues when he vetoed three key gun bills in New Jersey.

Christie has defied the gun lobby in the past by defending New Jersey’s gun control laws, which have long been among the strictest in the nation. The state requires a background check and lifetime firearms identification card for any firearms purchase, an additional permit for any handgun purchase, and a waiting period of 30 days before another handgun may be bought.

But the New Jersey governor’s Friday veto of new gun control legislation backtracked on his previous record.

One of the bills would have prohibited .50 caliber rifles in New Jersey. The weapon is described as a “long-range anti-material” and “anti-personnel” firearm that “provides an inexpensive means of neutralizing lightly armored targets,” according to the product description from one Phoenix, Arizona-based manufacturer. California is currently the only state to ban .50 caliber rifles.

The other two New Jersey measures would have required state agencies to report lost and stolen gun data to a federal database, embedded information about gun permits onto an individual permit holder’s New Jersey driver license, created instant background checks within the state, and required safety training for New Jersey gun owners.

Please finish reading the story here: http://tv.msnbc.com/2013/08/18/chris-christie-moves-right-on-gun-issues-with-veto/