The guns that lunatic used in the Aurora Massacre are not at all uncommon and can be purchased almost anywhere. The only weapon that’s somewhat controversial is the AR-15, and that’s because it was classified as an assault rifle for the purposes of the Public Safety and Recreational Firearms Use Protection Act. In other words, its sale would have been restricted or banned during the ten years (1995-2004) that the Federal Assault Weapons Ban was in place. That law restricted the manufacture and sale of semi-automatic weapons that had certain other characteristics. The AR-15 was covered by the law. However, it’s possible that the AR-15 used in this case was configured to be fully automatic, which would make it illegal under current law. Yet, I think this unlikely because they’ve tracked the purchase and it would not have been sold over the counter as a fully automatic weapon. Either way, the gun is extremely lethal.
It was made more lethal by the addition of a 100-round drum (“large capacity ammunition feeding device”), which was also banned under the Federal Assault Weapons Ban. In addition to his weapons and the drum, he was able to purchase 6,000 rounds of ammunition off the internet without, as far as we know, arousing any suspicion. His armor was also purchased on the internet, and it included neck and groin protectors in addition to a vest and helmet.
Going beyond his guns, ammo, and armor, he also was able to obtain tear gas and possibly smoke grenades. And these things are just what he brought with him to the movie theater. He also obtained oodles of other suspicious items that he used to rig his apartment as a giant bomb. We’ll know more about this shortly, now that the police have disarmed his apartment and gained entry. But we know that he had accelerants, triggers, probably timers, possibly land mines, and other bomb-making equipment.
In theory, all these purchases created a profile that would be possible to detect in advance, in much the same way that the government tracks purchases of large amounts of fertilizer that can be used to make bombs like the one used in the Oklahoma City bombing.
I want to be clear about a couple of things. I do prefer that most gun laws be set at the local level, meaning that cities may enact more restrictive laws than states as a whole, and that states may differ in the degree to which they regulate guns based on the political preferences of their subjects. I also am extremely wary of government snooping on our credit card purchases and internet activities. Wherever possible, I prefer the lightest possible federal government touch over our lives.
And I don’t think that the Federal Assault Weapons Ban was particularly effective, although I supported it because it was the right thing to do. My position isn’t really much different from Mitt Romney (version 2004) who signed a permanent Assault Weapons Ban in Massachusetts when he was the governor there.
“I believe the people should have the right to bear arms, but I don’t believe that we have to have assault weapons as part of our personal arsenal,” he said on Fox News in 2004.
In essence, even if an assault weapons ban isn’t particularly effective, I see no reason to make it easy and legal for people to own semi-automatic rifles and large magazines of ammunition. If you want to know why, look at what the people in that movie theater experienced, or revisit the 1997 shootout in North Hollywood.
But we shouldn’t focus exclusively on the weapon and ammunition. We should look at the whole picture. The best way to stop this guy wasn’t by making his task a little more difficult. The best way to stop him was to detect his abnormal activities in advance. We have the National Security Agency (NSA) scouring through records to detect the next airplane bomber from Nigeria or the next Timothy McVeigh. Why didn’t they notice that some guy in an apartment complex in Aurora, Colorado had purchased four separate guns, 6,000 rounds of ammunition, full body armor, explosive chemicals and components, and so on?
We all want privacy, but we understand, I think, that someone should not be able to acquire the components to make “twenty-five 55-gallon barrels filled with a volatile mixture of ammonium nitrate and fuel oil” without arousing suspicion, which is what the Oklahoma City bombers were able to do. Likewise, the Aurora nut job’s activities should have set off alarm bells.
This, of course, involves a debate about how much freedom and privacy you are willing to give up to buy a little security. Your chances of being killed at the movies are still incredibly low. And any system that can detect suspicious activities based on credit card transactions, point-of-sale gun records, and internet activities can be abused. But we’ve already surrendered most of this privacy anyway.
At least in the foreseeable future, no one is going to convince Congress to reenact the Federal Assault Weapons Ban, and it wouldn’t preclude tragedies like what we just saw in Colorado even if they did. But we might convince Congress that certain gun and ammo and body armor-related purchases must be reported so that it is easier to put the pieces together when someone is amassing an arsenal. We consider it suspicious and worthy of investigation any time someone makes a bank deposit of $10,000 or more. But we don’t consider it suspicious and worthy of investigation when someone buys four guns, including a semi-automatic rifle, 6,000 rounds of ammo, full-body armor, and bomb-making materials?
I don’t think that makes sense. People may have the right to bear arms, but they don’t have the right to create a personal armory without being investigated.
The risk of servile rebellion makes it not only easy, and legal, but desirable. Gun policy in this country is made by the ghosts of Toussaint Louverture and Nat Turner.
True, except the desirable part.
Gun policy in this country is made by the ghosts of Toussaint Louverture and Nat Turner.
Not in the present day? 200 years ago, maybe. Certainly not today.
Are you sure?
So you’re gonna get yourself a bunch of drones and rockets and the rest of the Big Brother arsenal and fight the Man? Good luck with that.
I don’t see why we can’t make it a little more difficult to acquire firearms in the first place, while we’re at it. If you had to register to make certain purchases, and if you exceeded a certain number of those purchases, you could either be blocked, attract an investigation, or both, or something better. God knows the tech is there, we just don’t have the will to make it happen. That’s the real problem.
I liked Chris Rock’s idea, which was to stop worrying about the guns and make a bullet cost a thousand dollars.
With all the expense, entrapment, and invasion of privacy, why exactly did the US counter-terrorism effort not pick up these purchases. After all, several years ago, a number of folks were arrested for buying large quantities of fingernail polish remover.
There is something very strange about how law enforcement is doing counter-terrorism.
Now just think if there was a connection to some political motivation. In that event most likely we would see all movie theaters in the country under lockdown and all sorts of detectors set up.
Here was their fabled “lone wolf” and law enforcement totally missed it. I guess a lot of folks buy 6000 rounds online at a time.
Your example of the Oklahoma City situation is more problematic than you make it seem. Ammonium nitrate is an agricultural fertilizer. Fuel oil is a heating fluid. 55-gallon barrels can be used for anything, including catching rainwater. They are all dual-use products.
Tear gas, smoke grenades, and large-capacity drum magazines are not dual-use products. Nor is an AR-15. But overconcern about Second Amendment protections places them off limits for invasion of privacy.
Incompetence, lack of coordination, lack of resources, corporate interests, Bush-era purges at the various intelligence agencies and cronyism…It’s a strange brew.
Perhaps if his surname was Abdallah he would have garnered some attention – that, or Sanchez…
And yet when I go to purchase Sudafed or Advil Cold and Sinus I have to register so my quantities can be tracked.
Restrictions of access to ammo is surely a topic whose time has come to revisit without us being shot!
The Second Amendment is not easily construed to guarantee you an unlimited right to Sudafed or Advil Cold and Sinus. The current Supreme Court however has come close to that with regard to ammo.
I think focusing on the failure of the police state to snoop enough into citizens’ lives simply diverts from the real problem, which is the gun culture in America. The NRA scum has succeeded brilliantly in taking the gun issue off the table with their bogus bullshit about Constitutional rights that don’t exist in the real world. Preemptive invasion of everyone’s privacy can’t do much to diminish gun violence because there are essentially no laws about gun possession. As a result surveillance looks for political “threats” but shies away from anything that might goose the gun nuts.
I wouldn’t call the problem “overconcern about Second Amendment protections”, though. There are no Second Amendment protections against selling or owning assault weapons or 100-round magazines of the kind Holmes apparently used. There are only laws bought by overfunded psychos.
Oh, but that is THE issue. We already have pre-emptive invasion of everyone’s privacy right now, while the gun laws are such that any “lone wolf” terrorist could do what the Aurora shooter did. Meanwhile grandma still has to be patted down and give up her hand lotion in order to get on an airplane.
Asserting the right to, forget 100-round drum magazines, cop-killer hollow-point bullets is overconcern about Second Amendment protections. Overconcern in the sense that it extends them where the writers of the Second Amendment never could have imagined.
We need to can the TSA security theater, pass reasonable registration and ownership requirements, and reorient the police to actual policing instead of harassment of minorities.
Getting a good economy back wouldn’t hurt either. The overfunded psychos have been strangling that for three decades.
“Why didn’t they notice that some guy in an apartment complex in Aurora, Colorado had purchased four separate guns, 6,000 rounds of ammunition, full body armor, explosive chemicals and components, and so on?”
Limited manpower. And the fact that thousands, if not more than a million of this guy’s fellow Americans are doing the exact same thing. Even with $80 billion a year, you can’t police EVERYONE. But they’re fucking TRYING.
The only difference is this: This guy actually pulled the trigger. All the rest are too afraid. But now the copy-cats will crawl out of the woodwork, eventually.
Cheers!
My analysis is that they are spending too much time focusing on the wrong people.
And it is disappointing that the NSA is sucking up all of our communications and can’t detect and flag those purchases as suspicious.
Our civil liberties are being invaded, we are wasting a lot of money, and getting too many false positives and still not preventing incidents like this. And the momentum is for wider and extensive invasions of civil liberties in the name of finding a “lone wolf”. God, I’ll be glad when Joe Lieberman is not longer in the Senate.
But we’ve already surrendered most of this privacy anyway.
We have? I bet 80%, if not more, don’t even know it’s going on. They have no idea the NSA, or other agencies, can do this. The “mainstream media” certainly doesn’t report on it even though they are having it used against them, also, too.
.
Was the act preventable? Were there no red flags? From the earliest reports, I was stunned by this reaction … what did the mother know that she was not surprised her son was suspected in Aurora Co. killings?
"But I will not let myself be reduced to silence."
I just finished reading A Necessary Evil by Garry Wills, which has a really good discussion of the Second Amendment. I’d always wondered why we’re supposed to just ignore the part about the well regulated militia, but the case for a right to private gun ownership under the Second Amendment is even flimsier than I had realized. Wills points out, for instance, that the word “arms” doesn’t necessarily mean guns anyway. It doesn’t mean guns in expressions like “take up arms” or “call to arms.”
Atom bombs are arms too, after all. Would anyone claim that the Second Amendment gives them a right to own an atom bomb? (Wait. Don’t answer that.)
…Founders were saying when they wrote the amendment with the well-regulated militia part in it. They were relating to post English Civil War law and working with the anti-federalists who feared to potential of a standing army and the disarming of the population to quash rebellion against the central government. Taking that amendment in the plain
English meaning is a distortion of the debate surrounding it at the time it was drafted.
I expect the manufacturers of body scanners are dying to enter the cinema market and that the NSA wants to become even more powerful than it is now. So unless Democrats stop being gun-shy about banning assault weapons, the momentum will go in one of two directions:
a wider net of NSA surveillance or wider application of TSA procedures in places like movie theaters. The right wing doesn’t hesitate to be politically opportunistic after events like this.
So this is a moment in which we can shift the debate: unless we all want to get patted down when we go to the movies — or the mall — we should restrict the kinds of weapons that only a few want to have.
And scanning at theaters wouldn’t stop what Holmes did anyway — he entered the theater normally, then went out an emergency exit that he chocked open, geared up in the car he’d parked near that exit, and came back inside through the chocked door for the rampage.
Oh, well, I suppose theater owners could always take a leaf from the Triangle Shirtwaist Company book and chain shut the exit doors.
Anyone here watch “Person of Interest”? On that show, the government commisioned a computer program that through some sort of algothrim is able to “predict” or strongly suspect when someone will either a)commit a crime, b)be a victim of a crime, c)commit a terrorist act. The “machine” was designed to spot possible terrorist cells and activities, but it had no way of filtering the different “crimes”, so anything that didn’t involve terrorist activity was just ignored, i.e. robbing, threatening, shooting, etc.
All of that is to say, that I’ve always assumed there was no way any such thing could exist, but when I first heard the details about this case, I thought of that show and how a “machine” like the fictional one in the show may have actual been used to trigger some sort of red flag about this guy…but of course the whole point of “sci-fi” and conspiracy fiction is that it is fiction.
Predictive law enforcement is a big trend among bunches of folks wanting to sell their wares to police departments and the Department of Homeland Security.
It faces a fundamental hurdle that until there is actually an illegal act, there really under the Constitution is no legitimate grounds for detaining a person. So what happens in “predictive” law enforcement is that situations amounting to entrapment (or the actual fabrication of evidence or reports) are set up to provide the illegal act that will permit the probable grounds for arbitrary detention.
This is a very dangerous practice unless we intend to have a totalitarian regime.
Dangerous? Why? And to whom?
Is it that the methods of prediction are too prone to error to be the basis for preventive action?
As for the bogey of totalitarianism, Ronald Reagan said the same about Medicare.
Not that I favor these things.
But shaking a scarecrow and yelling “Boo!” does not seem an adequate argument against anything.
On the other hand, when has the defense of conventional wisdom required the actual giving of credible reasons?
So.
My bad.
Refresher course. Remember, we’ve been here before.
Bowling for Columbine (2002) – Full Length Documentary
This pretty much sums up the internal contradictions held by the “moderates” on gun policy. If there is in fact a right to bear arms, then it follows that the government has no legitimate power to regulate or limit any arms, from pistols to assault weapons to IEDs to nuclear warheads. Any attempt to pick and choose which arms are allowed is infringing on the “right” to bear arms, by definition.
If, as seems obvious, there is no right to bear arms except in terms of the scenario the Constitution writers knew about, then “rights” do not enter the picture. It may be determined that it’s reasonable to allow for possession of certain kinds of weapons and not others, but that determination has nothing to do with “rights”. It’s just a matter of where common sense and reason set the dial.
To me, there’s no reason anyone needs an assault weapon or anything with more than six or so rounds. If hunters can’t bag their deer within those constraints they need to just go watch some more TV and stay out of the woods. Weapons like the ones Holmes had, contrary to NRA bullshit, are for people killing people — they have no other use and the possessors have no other intent. There’s no reason for a civilized society to tolerate them, IMO. But the bogus Constitutional argument precludes reasonable discussion because it reduces everything to screaming about “rights” that do not exist.
You can’t even stock up on effective cold medicine without drawing Johnny Law’s attention.
AR-15s now purchased over the counter must be reconfigured (illegally) by someone who has a fair amount of skill. The parts for doing so are available, but extremely expensive. Older AR-15s (those made before 1986) that have been converted to full auto are legally available if you are willing to pay $10,000 or more for them, register them with BATF and pay the transfer fee. Doing so with anything other than a collector’s gun (say, the Thompson submachinegun made infamous by the mobsters of the ’20s and ’30s) will red flag the person who does it.
It’s highly unlikely that the weapon Holmes used was anything other than a standard semi-auto AR-15 (made by one of several different manufacturers). The problem with buying after-market products (like the drum magazine Holmes used) is that they may not be perfectly machined. That could well be the reason that the AR-15 used in the shooting jammed partway through Holmes’s slaughter. But it also could be the result of a bad round of ammo, or, less likely, a defect in the empty cartridge extractor or damage caused to that device by the rapid firing.
“We have the National Security Agency (NSA) scouring through records to detect the next airplane bomber from Nigeria or the next Timothy McVeigh.
“Why didn’t they notice that some guy in an apartment complex in Aurora, Colorado had purchased four separate guns, 6,000 rounds of ammunition, full body armor, explosive chemicals and components, and so on?”
Have you seen the show “Person of Interest”?
You find there the notion of government-foreseen but “irrelevant” threats.