A Thought Experiment: What If We “COULD” Sue Gun Manufacturers & The NRA?

Buy literally any other product in America and it causes harm — you can sue the product’s manufacturer because of the harm that product caused. The one exception is GUNS. For real.

You cannot sue a gun manufacturer because their gun hurt someone. Or even something (and we know how much gun-loving conservatives value property over people). Gun manufacturers got in tight with the NRA and then used the NRA to squeeze Congress into giving guns the freest pass in the universe.

Not only did gun manufacturers get a free pass legally, they bamboozled us into thinking the second amendment says the diametric opposite of what it actually says. They now insist that “well regulated milita” was a purposefully obscure reference to an obscure usage of those words that meant “well working gun of whatever size you want”. That’s not hyperbole. Look at the history. We started getting massively crazy the moment we let the NRA bullshit us about what the “framers really meant”.

How many dead gunshot victims lie atop THAT pile of lies?

You CAN’T sue a gun manufacturer. But what if you could? What if you could lay out the evidence to a jury how a gun is designed from the ground up to send a hot metal fragment flying through the air at a live target with the absolute intention of killing it. Guns are designed to kill. A gun that hasn’t killed something is a gun that has not done what it was designed to do.

Similarly — a gun locked in a gun safe is not doing what it was designed to do. It’s nice that, while in the safe, theoretically it can’t hurt anyone but — it just takes one moment’s distraction to change a responsible gun owner into the participant in yet another American gun tragedy. Adam Lanza shot up Sandy Hook Elementary School in 2012. But first, he shot his mother to death. Nancy Lanza was, by all accounts, A RESPONSIBLE GUN OWNER.

And then she wasn’t.

Responsible Gun Ownership is a myth.

Let’s add “Bullshitting the American Public With Fatal Consequences” to the law suit. Because that’s what the gun manufacturers and the NRA are truly guilty of — creating a monstrous lie that continues to kill us. Kill our children.

The NRA sold America a culture where men see guns as the most direct means of conflict resolution. Feeling really angry about something or someone? Get a gun and use it as a means to feel better.

That we have so many angry men — angry young men, too — speaks volumes about our culture. We’ve failed women horribly because we failed men. That is, we failed to rein men in. We failed to teach men that having a penis does not make you special — and penises don’t have the final say on where they go or what they do.

We’ve over-empowered penises in our culture. And now that men have to power share, they find their penises don’t know what to do. Confused penises are angry penises. And angry penises reach for a gun — because that’s what they’ve been taught to do. It’s not a coincidence that so much gun violence in America is men shooting their domestic partners, spouses, mothers or sisters.

Wow — this law suit’s getting massive. Gun manufacturers have sold us some pretty terrible things along with their guns.

If gun manufacturers could be held liable for what their guns do, they’d have done everything in their power to 1) make their guns as safe as possible, 2) as hard to abuse as possible (fingerprint access & palm ID), 3) much, much harder to get (cos who wants to get sued into bankruptcy by assholes?) and 4) share the cost of any potential damage costs by building their insurance into the cost of their guns.

The last part’s the kicker. If gun manufacturers built the cost of fixing what guns break into the cost of each gun? No one could afford to buy guns.

I guess THAT’S why you can’t sue gun manufacturers. Death merchants want to be free to continue selling us death.

America’s RW Is Treating Guns The Exact Same Way They Once Treated Cannabis — As The Basis For Their RACISM

I sure hope this isn’t up for debate: America’s war on drugs, especially its war on cannabis, was always about RACISM and nothing but.

I refer you to an excellent series (okay — I wrote it — I’m biased) called Blunt Truths over at Weedmaps News. Blunt Truths points out (with receipts) how at no time in the process of “illegalizing” cannabis did anyone creating or crafting the legislation ever ask “But, is it bad for anyone?” They specifically avoided that question because they knew for a fact the answer would be “We don’t think so — in fact, we see a multitude of ways it’s actually good for people”. That would have been the American Medical Association speaking.back in the day (before they were a political racket first and foremost). But, what did they know…?

Here’s some irony — because this story is built of irony — the very first anti-marijuana law was crafted in 1915 in California — by a group of Pharmacists. But, even as pharmacists, the law they crafted doesn’t bother with what marijuana did to anyone (they had no idea — no research existed whatsoever), what really worried them was WHO was smoking it.

Prior to 1910 — when the Mexican Revolution sent a wave of Mexican refugees fleeing north — Americans had never heard of marijuana. A few perhaps read Fitz Hugh Ludlow’s accounts of being a hashish eater but that was one white man’s experience of the “colored man’s” exotica. The Mexicans fleeing revolution brought marijuana with them because it had become part of their culture; they enjoyed it and its benefits.

Cannabis brings euphoria and happiness. It makes you laugh. Imagine how terrifying the sight of happy, laughing Latinos must have been to those poor, frightened white people — lots of alcohol already in their veins as they fearfully pounded down some more.

Marijuana spread to New Orleans in the early 20’s while jazz was being born. African American jazz musicians liked reefer because, unlike with alcohol which stifles creativity because it fogs one’s thinking, cannabis works the opposite way in our brains. Sativas especially bring mental energy and focus. The musicians took to cannabis because they could work with it in their systems and kick back with it in their systems. It was that multi-faceted a product. That was & is the truth about cannabis.

When Harry Anslinger took over as the Federal Bureau of Narcotics’ first ever Commissioner in 1930, he didn’t give cannabis a second’s thought. He testified before Congress that it wasn’t a problem. And yet — by 1934, Anslinger’s tune had changed. “Marihuana” (Anslinger’s spelling) had become a demon weed capable of motivating its users to madness and mayhem. What changed exactly? White people were now using it.

When the jazz musicians were kicked out of New Orleans, they headed north, following the Mississippi at first. They landed in Memphis and Nashville. They landed in Chicago. And everywhere they landed, marihuana landed with them — where white people, intrigued by the music, were sampling the black man’s inspiration. And liking it.

THAT — right there — is why Harry Anslinger changed his mind about cannabis being a danger to the public. Anslinger’s problem was there was nothing in the Constitution justifying marijuana prohibition. Anslinger had to create a crime (he went for tax evasion — if you didn’t pay the onerous tax each time you bought or sold marijuana — and get the stamp showing you’d paid the taxes — the stamp being unavailable — you became a tax cheat) in order to institutionalize his racism but Anslinger was a dedicated racist and a top notch bureaucrat.

You know how that ended up, right?

Our gun control debate flows from the same dark wellspring of racism. Look at the people arguing most vociferously to hold onto every last weapon they can till said weapons are pried from their cold, dead fingers (per former leader Charlton Heston). Notice anything about them? Like they’re almost entirely white? There’s a reason for that.

The same people will insist with a straight face that they’re fighting the good fight on our behalf — being the militia standing up against a hostile federal government. Yeah… except that’s not what the 2nd Amendment actually says (regardless of how the gun lobby rewrote it in our heads; it STILL puts all the decision-making about gun possession (“keep” and “bear” not “own) into the hands of a “WELL REGULATED MILITIA”.

The Second Amendment is a GUN CONTROL amendment that the gun manufacturers successfully reimagined as a “have all the guns ya want” freeforall. Some day — soon, I think — we’ll toss the bullshit revisionism and go back to the amendment as written.

The RW — always racist to the marrow in their bones — insist that they’re standing up against the potential of a federal government run amok. They don’t say that when the federal government raises, pays for and deploys AN ARMY. But, in the abstract? It terrifies them. Maybe they don’t really mean “Hostile Federal Government”. Maybe what they really mean is “people of color”.

American gun lovers — in their own minds — aren’t standing up against any “government”, they’re standing up against people they perceive the government has empowered — black people. “Arm yourself because black people now have political power and probably will use it.” That is literally what they’re saying and thinking.

Just for shits n giggles — imagine how those very same people would think about guns and people arming themselves to the teeth if the majority of those arming themselves were African Americans or Latinos. Do you really think all those terrified white people could tolerate all those guns going to all those non-whites? If you do, can I borrow some money interest free forever?

Lift the veil on virtually any topic in American politics and you’ll find racism of one kind or another sitting around waiting for the call to come out and play. American racism is always happy to oblige.

Look at all the experience on our CV…

When Gun Lovers Insist They Need Their Guns To Fight Tyrannical Government, What They Mean Is THEY’RE RACISTS

Pro-gun people will insist right to your face that their arsenal of death is all that stands between the collective us and a hostile, tyrannical government taking over all our lives. Their devotion to the second amendment (well, to their bizarre interpretation of it that rearranges syntax and redefines words to make them more convenient) is our last bulwark of freedom.

That ain’t just bullshit, it’s RACIST bullshit.

Do a quick survey of who mouths that nonsense. See what I mean? Not a brown face to be seen. Think it’s a coincidence?

These are the same princes who believe American Exceptionalism is the money rich white men put down in the casino of ideas. They think ownership of an idea is what matters rather than the idea itself. Of course they would — they can’t think of the ideas because their brains have all stagnated. Great ideas are born of diversity — and the many different ways of thinking that diversity organically inspires.

The joke about white supremacy of course is its total wrong-headedness about its core mythology — that white people breeding only with white people will produce white perfection. You might indeed get a “race” of people with alabaster skin — your ideal of perfection. But that blindingly white flesh will come with lots of baggage including genetic issues. Ask the Spanish aristocracy how that works out.

American Exceptionalism (it’s a real thing) flows directly from its diversity. Until travel became easy in the 19th century, most people lived and died within a few miles of where they were born. A family — a community of families — would live on the same patch of land for generations, bonding, becoming a tribe. The tribes that lived around and between the Seine, Rhone, Loire, Garonne and Marne Rivers eventually became French. That same formative process produced the English, the Spanish, the Dutch, the Belgians, the Swiss and every other nation of Europe (and the world up to that point).

Meanwhile, in North America, millions of Native Americans were thriving. When the European tribes eventually arrived, they found a nearly empty continent. That’s because the very first European arrivals brought germs with them that quickly, silently and pretty thoroughly reduced a collective population of millions to a mere tens of thousands. The European tribes were all white and saw their larger tribe as superior.

Had the European tribes had to go up against the native tribes at full size and strength? They’d all still be in Europe — without a bit of the New World’s wealth in their pocket. That fact alone would have changed the fate of humankind.

But white people stepped onto a blank canvas and saw only themselves. But others were here, too. Black people, brown people, Asian people, Middle Eastern people. As there was no native tribe anymore, all the new arrivals filled that tribal vacuum and became a tribe. Regardless of wherever they were from, most came to America to stay. To become something they hadn’t been before because no one had been it: Americans.

It wasn’t just white, European people and their money.

White, Christian people have always lived in irrational fear of every other race. Having invented the myth that America was a white, Christian country by nature, white, Christian people proceeded to make life miserable for everyone who wasn’t white. Over the course of two hundred years, America’s white, Christian people persecuted, enslaved, massacred or disrespected every single other group they encountered — and usually? They used their faith to justify it.

Go back to those faces — of the earnest, deeply concerned citizens insisting that their gun is our freedom. Replace the word “government” with “black person” or “brown person” or “Asian person” or “Muslim” or “Jew” or “Feminist” even. It plugs and plays perfectly.

It’s not a coincidence. Gun lovers fear the government because they love their guns. It’s not the government taking their guns that scares them to death, it’s how defenseless they’ll feel afterwards — when or if one of those other tribes comes looking for payback. Never mind how entitled those other tribes are to every bit of payback they can get, the white people ain’t paying it. Not willingly.

Want fairness? Want Justice? As former proud NRA member Charlton Heston once proudly asserted about gun regulators and his guns, we’ll have to take fairness, Justice and our safety from their “cold, dead fingers”.

Chuck Heston wasn’t staring at the government when he said that. He was staring at “the help”.

The Gun Lobby Is Holding The Second Amendment Hostage

How big a pile of bodies does there need to be? I always wonder when another of these terrible tragedies — and we just had two (count em – TWO!) mass shootings within 12 hours (El Paso and Dayton, OH with 29 people dead so far) — how would one of the people resisting gun control react if one or more of THEIR loved ones ended up on the growing mountain of gunshot victim bodies?

Would they still hold firm to their “belief” that the “Founding Fathers” wanted this — in fact, they enshrined their desire for mass murder in America in the Second Amendment? Would they kiss their child, wife, husband, relative, friend for the last time with a sighed, “Oh well — at least we still have our gun rights”? I bet a lot of them would. The money means much more to them than human flesh including their own.

Of all the amendments to the Constitution, the Second’s the only one where we argue (and I’ll get argued with for sure) about how certain words meant different things back then. That argument goes “Back then, ‘well-regulated’ meant ‘in good working order’ so the amendment means everyone should have all the guns they want and they should all be in good working order.” Oh, okay.

Funny thing though, the words “well regulated militia” also meant back then what they mean TODAY. The second amendment frames guns from the point of view of “A well regulated militia” — “being necessary to the security of a free State…”. Words two & three are not talking about the “arms” mentioned later, they’re talking about the “militia” right next to them.

A “militia” is “a military force that is raised from the civil population to supplement a regular army in an emergency” or “a military force that engages in rebel or terrorist activities in opposition to a regular army” or “all able-bodied civilians eligible by law for military service”.

So — if we strip all the bullshit away from the linguistic gymnastics, we get a very simple concept. An ORGANIZED assemblage of able-bodied citizens — who will be obligated to FOLLOW REGULATIONS — and if they’re WELL-REGULATED, that sounds like there are LOTS of REGULATIONS — as to WHO will actually get to KEEP and BEAR those the militia’s arms.

Oh — that’s another thing the 2nd Amendment clearly says. Members of the militia (the Amendment doesn’t say who gets to be in the militia and HOW the militia deals with its membership; it leaves that to the militia, I guess) get to “keep” and “bear” the “arms”. It does not use the word “OWN” — a word that was just as available as “keep” and “bear”. “Keep” is different from “own”. I can “keep” a car, for instance, that I do not own. I can’t keep it forever, of course. But, under agreed-upon circumstances (I pay my lease every month), I can “keep” the car.

Same goes for “bear”. One does not have to “own” a gun to “bear” it.

The Second Amendment does not say anyone gets to “OWN” a gun. It just doesn’t.

Now a terrible truth. No one’s taking back all the guns in this country. It just isn’t going to happen. But we do need to revisit how it is that we were lead down a path toward such deadly bullshit. Hey — if the state militia in, say, Texas, says “Every psychopath who wants a gun can keep and bear one here in Texas” then so be it.

But, if the militia in, say, California says — “You can have a legitimate hunting rifle and a handgun even — but both must be registered with the state and you must be insured for liability in order to keep and bear that gun. You must pass a written test and a shooting test to keep and bear that particular weapon. You must demonstrate some sort of “gun responsibility” by “safing” that weapon in your house (the caveat being that there IS no such thing as “gun responsibility”). And crimes committed with guns must be punished with a little extra juice because the perp violated a particular trust that we placed in them.

It is absurd that 99% of Americans must walk around knowing that at any moment at any place another American — whose decided he hates everyone not like him — can go HUNTING for them. That is what happened yesterday. It’s what happened at Las Vegas and Pittsburgh and San Bernardino and Parkland and Sandy Hook and Columbine. It is what happens EVERY DAY in America. Ask any woman who’s been terrorized by a gun-toting abusive husband/boyfriend.

Throw in a little white supremacy and we’re talking a veritable smorgasbord of gun violence. Every day.

And it all starts — started — with the language being hijacked. The Constitution’s Framers weren’t perfect. They kept slavery around after all — and we’re still dealing with that fact. The Framers weren’t always precise. But they did build an amendment process into the system they were inventing. They understood that the document itself would need revisions and therefore a little reinvention. When they revised the document to address weaponry — they wrote what they wrote.

And they did not write what they did not write. Let’s start this conversation on a level playing field — where we all agree what the amendment actually says. By “we”, I mean people who can read (without imagining words and definitions for them). Let’s start by having the correct argument and not an utterly bullshit one meant to distract.

I Made A Terrific New Friend Yesterday — My Diametric Opposite

I am not making this up. I met my diametric opposite a few days ago. We kinda it it off. By yesterday, when we parted ways, I couldn’t get him out of my head.

Come the fall, my daughter will matriculate at UC-Davis. Despite the havoc Prop 13 wreaked upon California’s educational system, our state universities remain a shining example of what public education can be. For two days, we were both plunged into the University’s culture — my daughter off with the students, me off with the parents. As this isn’t my first time at the UC Rodeo, I was familiar with the tropes. The nuggets of good, UC-Davis-specific info were massively outnumbered by well-meaning-but-generic suggestions about dealing with our freshman angst and our own.

My new friend Gary and I started chatting — just because we were sitting near each other while waiting for one of the information sessions to start. We all wore badges with our names, our student’s first name and their intended major. That way, all the parents had a way to break the ice with each other — just by reading each others’ badges.

I’m not subtle in a room. Gary saw me immediately for what I was — a progressive. Gary did a little “lawyerly” poking around. He showed me a picture of a Remington rifle he was interested in buying. It was a nice-looking rifle. Not my thing but, still, my under-reaction surprised Gary.

The subject of marijuana had come up. I forget why. It seems to come up a lot around me. Gary had recently developed type 2 diabetes. When he and I and the two other hookey-playing dads sat down for an off-campus beer, Gary and I were the only non-drinkers. I asked if he ever used cannabis instead. Gary said he almost did once (at UC-Davis — he was a very proud alum) but hadn’t since — and really couldn’t because of his work.

Gary, ya see, is a judge. A very conservative judge from a very conservative part of California. The instant I heard Gary was a judge, I was captivated. I grew up a surgeon’s son. While I thought of my dad as “dad”, other people revered my dad because of what he did — and did for them. Working as I have in show business, I’ve seen people be revered because they can memorize dialogue and act it out on cue. But, perhaps because I grew up being unimpressed, I became immune to being impressed. Gary being a judge (never mind his politics) made him a guy with a job I wanted to know more about. The perfect basis for a friendship.

Now, I hope Gary will forgive me for this. I’m about to give away his secret. He’s a profoundly decent man. His care and compassion for drug addicts — his work on their behalf to keep them out of the penal system (but with the penal system’s threat very real) makes him a hero. There’s a saying in the Talmud: “Save one life, you save the world”. I told Gary that’s what he was doing. He downplayed it. The last laugh is mine — I’m shouting it from the rooftops here.

The truth is, because Gary isn’t a doctrinaire conservative — and I’m a pragmatic progressive — we found an amazing amount of, if not common ground, then ground where structures could be built where we both could live. It’s funny how when you put politics — even differing politics — inside decent people, one hears the differences but one also sees a way to get past them. Decency is a remarkable thing, I tell ya!

Decency means you have to listen sometimes — and wait your turn to counter. You have to argue facts and not feelings. You have to stay reasoned and reasonable.

I have a confession to make. I used what my new friend Gary told me about himself against him. And he let me. The subject of Donald Trump came up. The subject of Russia came up. The subject of Robert Mueller and The Mueller Report came up.

Gary said he hadn’t read the report, didn’t intend to, and thought it was a waste of time. That’s when I played dirty. I talked to my new friend Gary as the compassionate, law-abiding judge I knew he was — there was video, news reporting — testimonials from drug addicts who’d been saved from their own demons. Gary is especially fond of his time in drug court. He’s put more than a few demons to the sword there.

I put Robert Mueller into Gary’s courtroom,. Was Mueller a “good witness”? Purple Heart War Hero… Second longest-serving FBI Director… a man who’d spent his whole career as a public servant — whose reputation even now remains sterling. I asked — if the evidence presented in the 488 page Mueller Report was evidence presented in HIS courtroom, how would Gary feel about it?

I told you — Gary is a very decent man. He did not disagree that AG Bill Barr misrepresented Robert Mueller and his work product. The more we talked about the subject, the quieter Gary became. I don’t argue feelings. I argue facts (and I can back up everything with receipts if needed because I’ve learned the hard way — it sucks being humiliated by someone who does bring proof that they know whereof they speak). But feelings are part of the equation and depending on how intense those feelings are, the facts can easily get de-contextualized. A fact out of context is a statistic waiting to be abused.

Gary and I talked about the 2nd amendment too. We talked about how it’s worded. We talked about guns and gun culture. Though it pains me to say it, i don’t see how we’d ever make America a giant gun-free zone. That doesn’t mean we shouldn’t work toward it. My bet is the more women flood the political system, the tighter gun restrictions will be because mothers hate the thought of anyone’s baby getting shot.

Guns will be a series of conversations we’ll have over time, I bet. I believe we will have those conversations. And though we won’t see eye-to-eye, I believe we’ll begin to see ways to bridge the chasm. Decency, I believe, will make the chasm harder to maintain. I hope that Gary’s decency was a reflection of my own. Having someone listen to you — really listen — changes things.

I bonded with Gary. I found a compadre (and a partner in crime). I found someone whose world fascinates me — as my world fascinates him. I doubt we’ll ever have the same war stories.

As someone who rages against political opponents like a fool shrieking into the void, I found it incredibly satisfying to listen. To ask questions. To understand the perspective that made another person who they are.

I guess that’s what happened. I looked inside the heart of another person — and saw them beneath what they thought.

I can’t say for sure if this new friendship will endure. I want it to. I already come away from it enriched by it.