An analysis of U.S. crime data by a British newspaper has found there’s been a 25 percent increase in civilian justifiable homicides since the controversial “stand your ground” (SYG) laws started being introduced in 2005.
London’s Guardian newspaper analyzed data from FBI and state sources. It concludes that the spike in civilian justifiable homicides is related not only to SYG laws, but also weak gun control laws in certain states.
Florida was the first state to introduce an SYG law in 2005 and similar measures have now been adopted in some form by more than 20 states. Most were passed in 2006. Ohio doesn’t yet have such a law, but it’s believed that gun advocates might be planning a campaign for one here soon.
Florida’s SYG law is expected to be part of the defense made for George Zimmerman, if he is charged with a crime. Zimmerman was the neighborhood watch volunteer who shot and killed an unarmed African-American teenager, Trayvon Martin, Feb. 26 in Sanford, Fla. The incident has triggered widespread public outrage.
The Guardian’s analysis shows that SYG laws alone cannot be statistically linked with the rise in justifiable homicides. But in states with both SYG laws and the weakest gun control laws — as defined by the Brady Campaign to Prevent Gun Violence — it found a statistical correlation with an increase in justifiable homicides.
Across the United States, such killings have risen sharply over the past five years, according to the data provided by the FBI and the Florida Department of Law Enforcement. From 2001-05, there were 1,225 homicides classified as justifiable, compared to 1,528 in the period 2006-10. By contrast, violent crime overall has been falling.
"The police are shooting more people and citizens are shooting more people. We're evolving into an increasingly coarse society with no obligation to diffuse a situation and rapidly turn to force,” said Professor Dennis Kenney, of John Jay College of Criminal Justice in New York and an ex-police sergeant in Florida. "People are literally getting away with murder."
SYG laws allow a potential crime victim who is in fear of “grave harm” to use deadly force in public places, not just inside their own homes. They eliminate the legal requirement to retreat before a person may claim he or she acted in self-defense.
SYG laws have been pushed by the American Legislative Exchange Council (ALEC), which drafts model legislation for state lawmakers to use.
State Sen. Bill Seitz (R-Green Township) is among ALEC's leaders, as CityBeat has previously reported here and here. The group, which held its annual meeting in Cincinnati last spring, has a membership of nearly 2,000 state legislators and around 300 private-sector members.
Funded by the Koch brothers, the National Rifle Association, oil companies and others, ALEC’s model bills have served as the template for "voter ID" laws that swept the nation in 2011, for the voucher programs that privatize public education, for anti-immigrant legislation, and for the wave of anti-labor union legislation pushed during the past two years in Ohio, Wisconsin, Indiana, Arizona, New Hampshire and elsewhere.
This week Coca-Cola and PepsiCo dropped their memberships in ALEC, amid the threat of boycotts.
In 2010 National Public Radio reported that Corrections Corp. of America (CCA), a private-sector ALEC board member, participated in the drafting of Arizona Senate Bill No. 1070. The report documented the behind-the-scenes effort to draft and pass the law and how the CCA stood to benefit from people incarcerated under it.
Marvin Meadors, a Huffington Post contributor, has described ALEC as “a bill-churning mill which uses corporate money to draft model legislation that advances the agenda of the Far Right and encourages crony capitalism.”
An investigation by nonprofit journalism group ProPublica has uncovered the identity of one of the secret super PACs funding advertisements attacking U.S. Sen. Sherrod Brown (D-OH) and promoting his challenger, Ohio state treasurer Josh Mandel.
The group is the Government Integrity Fund and is headed by Columbus lobbyist Tom Norris. Norris’ lobbying firm Cap Square Solutions employs former Mandel aide Joe Ritter.
Ritter declined to comment to ProPublica about his role with Norris’ lobbying firm or whether he is involved with the Government Integrity Fund.
The race between Brown and Mandel is considered vital to Republicans who want to take control of the Senate and Democrats who want to hold on to their majority. It has turned into Ohio’s — and the nation’s — most expensive race.
The Associated Press reported in August that outside groups — like the Government Integrity Fund — have spent $15 million supporting Mandel, while similar groups have spent $3 million for Brown.
It’s unknown where the money is coming from because federal regulations and the U.S. Supreme Court’s Citizens United case allow the groups to spend unlimited amounts of cash on political ads without disclosing their donors.
Such groups are classified as non-profit “social welfare” groups, which don’t have to release donor information or register with the Federal Election Commission. They’re supposed to be “primarily” engaged in promoting social welfare.
Super PACs aren’t supposed to coordinate with campaigns, but it is common for them to hire politicians’ former aides.
According to ProPublica, Ritter was first hired by Mandel as an aide when the candidate was in the Ohio Legislature. He was then the field director for Mandel’s state treasurer campaign and then became a constituent and executive agency liaison when Mandel won that race. He left the treasurer’s office after six months to work for Norris’ lobbying firm.
Ritter was part of an ethics complaint filed after a Dayton Daily News investigation into Mandel’s practice of hiring former campaign workers for state jobs. Ritter has contested the charges.
Norris' ties to the Government Integrity Fund was discovered by ProPublica through documents filed with Cincinnati NBC affiliate WLWT. The Federal Communication Commission requires TV stations to keep detailed records about political advertisers.
Six months ago today, 26 children and adults were slaughtered at the hands of Adam Lanza and a semi-automatic Bushmaster XM12 E2S rifle inside Sandy Hook Elementary School in Newtown, Conn., one of the deadliest school shooting massacres in U.S. history. As parents, friends, family and gun control advocates around the country mourn and commemorate the loss of life, Ohio gun rights advocates are worried about something else.
Their concern: how to make it easier for Ohio citizens to obtain high-round magazines for their semi-automatic weapons.
A new Ohio House Bill introduced by State Rep. John Becker (R-Union Township) could, if passed, allow people to purchase high-round magazines for semi-automatic weapons, removing language from the Ohio Revised Code (ORC) that currently restricts use of magazines exceeding 31 rounds for semi-automatic weapons.
Specifically, the proposed bill would remove the definition of "automatic firearm" from section 2923.11 from the ORC that currently qualifies a weapon traditionally defined as a semi-automatic firearm (which operated by firing only once for each pull of the trigger) as an automatic firearm under Ohio law when used with a magazine holding greater than 31 rounds of ammunition.
Gun rights advocates are in favor of deleting the line because qualifying a semi-automatic as an automatic weapon under Ohio law (dependent on magazine size) subjects gun owners to greater background checks and stricter purchasing restrictions, which they consider an unlawful hassle and burden.
Jim Irvine, Chairman of the Buckeye Firearms Association, says that the sentence Becker has proposed to remove is one that inherently conflicts the actual definition of an automatic weapon; he says it doesn't make sense to qualify a semi-automatic weapon under the same umbrella as an automatic weapon when the two are entirely different types of firearms.
He says that the issue is one of convenience for most semi-automatic gun owners, including himself. "Loading up magazines can take time," he says. "When I go to the shooting range I want to use my time up shooting, not reloading."
That extra time, though, is exactly the point of the wording in the ORC, explains Toby Hoover, executive director for the Ohio Coalition Against Gun Violence. Limited magazines were what eventually stopped the Arizona gunman who shot former U.S. Rep. Gabrielle Giffords because a bystander was able to attack the shooter when he dropped a magazine while trying to reload.
Hoover asserts that gun rights advocates like Irvine are being subversive in their reasons for wanting to change the changed law.
She says the legal issue is not that the ORC is trying to directly equate semi-automatic weapons to automatic weapons — they clearly operate differently — but that grouping them together using that magazine restriction is a common-sense way to define them both as dangerous, unnecessary forms of firearms that simply shouldn't be readily accessible to the average gun owner. Semi-automatic weapons are extremely easy to purchase in Ohio, she says, while purchasing automatic weapons involves many more complicated restrictions and regulations.
"I'm just really upset with the way they [Ohio Republicans and gun lobbyists] are ignoring the fact that people in Ohio want gun restrictions. They're just going the opposite direction," she says. "If they're really concerned about the wording of the law, just have them maybe separate the definitions but keep the restrictions the same."
Ohio is one of several states monitor magazine limits on semi-automatic weapons, she explains, so it's not unusual at all that the ORC does so.
Adam Lanza, Sandy Hook's shooter, had several 30-round magazines on him and was also carrying two handguns. It's estimated he used somewhere between four and 10 magazines during the shootings, which took place over a matter of minutes.
The bill has been assigned to the House's Transportation, Public Safety and Homeland Security committee, where it currently awaits hearing