Skip to main content

Gun lunacy rides high in America

By John J. Donohue, Special to CNN
updated 8:47 AM EDT, Fri September 13, 2013
STORY HIGHLIGHTS
  • A controversial gun measure in Missouri failed to override veto by one vote
  • John Donohue: The measure's claim that a state can nullify federal law is absurd
  • He says in states like Colorado and Iowa, gun rights advocates are gaining ground
  • Donohue: Gun owners must be more responsible to not be duped by NRA deceptions

Editor's note: John J. Donohue is C. Wendell and Edith M. Carlsmith professor of law at Stanford Law School and research associate at the National Bureau of Economic Research.

(CNN) -- Just when one might have thought that lunacy over gun policy in the U.S. cannot be exceeded, think again.

In the wake of the Newtown massacre, Colorado adopted a universal background check system and a modest restriction on the size of high-capacity magazines. This was good news for everyone except gun sellers who don't want the sales to felons and the insane to dry up (and those who think what for most purchasers would be a five-minute background check is too much of an imposition).

Since gun sellers call the shots at the NRA, the lobbying group launched an effort to punish Colorado legislators who stood up for public safety over gun seller profits. Now, two thoughtful Colorado legislators have been recalled and the NRA is crowing at having exercised its muscle once again.

Other states are trying to up the ante. Only last week, Iowa highlighted the nonsense by offering concealed carry permits to blind individuals.

John J. Donohue
John J. Donohue

State battles intensify on access to guns

This week in Missouri, by the thinnest of margins -- only 1 vote in the state Senate -- the legislature failed in its effort to make that state a haven for gun toting felons and lunatics by overriding the governor's veto of a bill designed to thwart any form of federal gun regulation, including background checks, and even trying to make it a crime for federal agents to enforce these laws.

The claim that the state can unilaterally decide to nullify federal law is so preposterous that even the strongest of gun advocates with some understanding of Supreme Court precedent acknowledge its invalidity.

Indeed, Robert Levy, who personally funded the litigation designed to convince the Supreme Court that the Second Amendment, which begins "A well-regulated militia being necessary to the security of a free state," had nothing to do with a well-regulated militia has recently conceded that the Missouri stunt flouts the very Constitution that its supporters claim to uphold.

Missouri gun measure fails
Gun control debate heats up

Even Levy's concessions fall on deaf ears in the legislatures of Kansas and Montana, where the idea of state nullification of federal gun laws seems eminently reasonable -- despite the clear language of the Supremacy Clause of the United States Constitution, which states, the "Constitution and the Laws of the United States ... shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding."

While Iowa is merely highlighting the absurd laxity of gun laws in this country, the damage will be slight since most blind Iowans will have the good sense not to possess or discharge firearms. But the overheated rhetoric flowing from the NRA crowd during the Colorado recall and from Missouri (and similarly inclined states) is dangerous for at least two reasons.

First, it undermines our democracy when voters act based on false and misleading views about the actual content of state and federal laws. Second, similar hyperbolic rhetoric after the passage of the federal background check system and the (now elapsed) federal assault weapons ban galvanized the unstable gun zealot Timothy McVeigh forward with his scheme to blow up the federal building in Oklahoma City.

The NRA can succeed in its efforts to punish legislators who stand up for positions its own president once specifically advocated and push for clearly unconstitutional laws by recklessly fooling voters into believing that federal gun laws are tyrannical. In fact, federal gun restrictions are so lax that the U.S. overwhelmingly dominates the world in the number of guns held by private citizens -- and also among rich countries in its rate of gun deaths from murder, suicide, and accidents.

Just the other day, a child killed herself with her father's gun while camping in Yellowstone National Park. Law-abiding citizens with guns have to recognize their obligations to prevent the types of tragedies that occur on a daily basis in the U.S. when lawfully owned guns are used, intentionally or inadvertently, to kill and maim others.

One needs to accommodate the interests of legitimate gun owners if sensible gun laws are to be passed, but gun owners must also take responsibility -- first, by not being duped by NRA deceptions to advance the economic interests of gun merchants, and second, by taking every effort to ensure that their guns do not contribute to the mayhem.

Follow us on Twitter @CNNOpinion

Join us on Facebook/CNNOpinion

The opinions expressed in this commentary are solely those of John J. Donohue.

ADVERTISEMENT
Part of complete coverage on
updated 4:08 PM EST, Sat December 13, 2014
The NFL's new Player Conduct Policy was a missed chance to get serious about domestic violence, says Mel Robbins.
updated 12:40 PM EST, Tue December 16, 2014
The slaughter of more than 130 children by the Pakistani Taliban may prove as pivotal to Pakistan's security policy as the 9/11 attacks were for the U.S., says Peter Bergen.
updated 11:00 AM EST, Wed December 17, 2014
The Internet is an online extension of our own neighborhoods. It's time for us to take their protection just as seriously, says Arun Vishwanath.
updated 4:54 PM EST, Tue December 16, 2014
Gayle Lemmon says we must speak out for the right of children to education -- and peace
updated 5:23 AM EST, Wed December 17, 2014
Russia's economic woes just seem to be getting worse. How will President Vladimir Putin respond? Frida Ghitis gives her take.
updated 1:39 AM EST, Wed December 17, 2014
Australia has generally seen itself as detached from the threat of terrorism. The hostage incident this week may change that, writes Max Barry.
updated 3:20 PM EST, Fri December 12, 2014
Thomas Maier says the trove of letters the Kennedy family has tried to guard from public view gives insight into the Kennedy legacy and the history of era.
updated 9:56 AM EST, Mon December 15, 2014
Will Congress reform the CIA? It's probably best not to expect much from Washington. This is not the 1970s, and the chances for substantive reform are not good.
updated 4:01 PM EST, Mon December 15, 2014
From superstorms to droughts, not a week goes by without a major disruption somewhere in the U.S. But with the right planning, natural disasters don't have to be devastating.
updated 9:53 AM EST, Mon December 15, 2014
Would you rather be sexy or smart? Carol Costello says she hates this dumb question.
updated 5:53 PM EST, Sun December 14, 2014
A story about Pope Francis allegedly saying animals can go to heaven went viral late last week. The problem is that it wasn't true. Heidi Schlumpf looks at the discussion.
updated 10:50 AM EST, Sun December 14, 2014
Democratic leaders should wake up to the reality that the party's path to electoral power runs through the streets, where part of the party's base has been marching for months, says Errol Louis
updated 4:23 PM EST, Sat December 13, 2014
David Gergen: John Brennan deserves a national salute for his efforts to put the report about the CIA in perspective
updated 9:26 AM EST, Fri December 12, 2014
Anwar Sanders says that in some ways, cops and protesters are on the same side
updated 9:39 AM EST, Thu December 11, 2014
A view by Samir Naji, a Yemeni who was accused of serving in Osama bin Laden's security detail and imprisoned for nearly 13 years without charge in Guantanamo Bay
updated 12:38 PM EST, Sun December 14, 2014
S.E. Cupp asks: How much reality do you really want in your escapist TV fare?
updated 1:28 PM EST, Thu December 11, 2014
Rip Rapson says the city's 'Grand Bargain' saved pensions and a world class art collection by pulling varied stakeholders together, setting civic priorities and thinking outside the box
updated 6:10 PM EST, Sat December 13, 2014
Glenn Schwartz says the airing of the company's embarrassing emails might wake us up to the usefulness of talking in-person instead of electronically
updated 5:33 PM EST, Fri December 12, 2014
The computer glitch that disrupted air traffic over the U.K. on Friday was a nuisance, but not dangerous, says Les Abend
updated 12:40 PM EST, Fri December 12, 2014
Newt Gingrich says the CBO didn't provide an accurate picture of Obamacare's impact, so why rehire its boss?
updated 7:40 PM EST, Fri December 12, 2014
Russian aggression has made it clear Ukraine must rethink its security plans, says Olexander Motsyk, Ukrainian ambassador to the U.S.
updated 7:46 PM EST, Thu December 11, 2014
The Senate committee report on torture has highlighted partisan divisions on CIA methods, says Will Marshall. Republicans and Democrats are to blame.
updated 1:33 PM EST, Thu December 11, 2014
It would be dishonest to say that 2014 has been a good year for women. But that hasn't stopped some standing out, says Frida Ghitis.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT