Out of Touch: The Disconnect Between the Gun Lobby and Gun Owners

By the Office of Senator Chris Murphy February 18, 2013

Introduction Over the last several weeks, the Office of Senator Chris Murphy has released reports exposing the truth about the National Rifle Association (NRA). The previous reports, entitled Washingtons Paper Tiger: A Look at the NRAs Ineffective Political Spending, and Not Your Grandfathers NRA: How the Firearms Industry Gives Millions to the NRA, paint a very different picture than the one that the NRA propagates. The first report looked at the effectiveness of the organization at electing or defeating policymakers and concluded that despite the perception that it is an omnipotent political force, the NRA is little more than a paper tiger. The second report scrutinized the strong and growing relationship between the NRA and the firearms industry. Gun and ammunition manufacturers, as well as retailers of firearms, contribute millions of dollars to the organization through programs like the NRAs Round-Up program and the NRA Golden Ring of Freedom, which is reserved for individuals and organizations that contribute at least $1 million to the NRA. In return for these corporate contributions, the association incites fear about the government confiscating guns to increase gun sales despite declining ownership of guns in the U.S. This report builds on previous reports by compiling recent polling data from Mayors Against Illegal Guns and other organizations to demonstrate that many NRA members, other responsible gun owners, and average Americans support reasonable steps to reduce gun violence. These findings prove that the DC-based leadership of the association has become disconnected with its members. Furthermore, with each new outlandish statement or ad attacking President Obama and his childreni, the NRA leadership only confirms how detached from reality they have become. Even prominent Republicans, including New Jersey Governor Chris Christie, denounced one such ad as reprehensibleii. Yet, the NRAs leadership continues to set the course for the association and continues to peddle liesiii and stoke fear instead of being a constructive participant in the national conversation about reducing gun violence. Key Findings According to polling by Mayors Against Illegal Gunsiv, 74 percent of NRA members support a requirement for a criminal background check on anyone purchasing a gun. Eighty-seven percent of non-NRA members support the same policy. Seventy-five percent of NRA members believe that concealed carry permits should only be granted to applicants who have not committed any violent misdemeanors, such as assault. Eighty-one percent of non-NRA members feel the same way according to the same poll. NRA members strongly support allowing states not the federal government to set basic eligibility requirements for people who want to carry concealed, loaded guns in public places. In fact, 91 percent of NRA members believe that the states should decide. These findings are completely at odds with one of the NRAs top federal legislative priorities national reciprocity for concealed carry permits, which would effectively eliminate these requirements by forcing every state to allow non-residents to carry concealed guns even if they would not qualify for a local permit. Seventy-one percent of NRA members support closing the so-called terror gap, which allows people on terror watch lists to buy guns. In addition 64 percent of NRA members

believe the law should require gun owners to alert police to lost and stolen guns. The NRAs Washington office strongly opposes both measures.v A January 2013 poll by the Johns Hopkins University Bloomberg School of Public Healthvi found that 84 percent of gun of gun-owners and 74 percent of NRA members supported requiring a universal background-check system for all gun sales. Other polls find that even larger majorities of Americans, including those households with a gun, support universal background checks despite the NRAs opposition. A February 2013 poll by Quinnipiac Universityvii found that 92 percent of Americans supported background checks for all gun buyers. In households with a gun, 91 percent were in favor. A January 2013 Pew pollviii found that 85 percent of gun owners polled supported requiring background checks for all private gun sales, including those performed at gun shows. A January 2013 Gallup pollix found that 91 percent of Americans surveyed were in support of requiring criminal background checks for all gun sales, with overwhelming support from across the political spectrum.

NRA Gun Lobbyists Opposing Common Sense Proposals Supported by NRA Members Background checks The tragic mass shooting at Sandy Hook Elementary School has caused our nation to reassess whether we are doing all that we can to prevent gun violence in our schools and on our streets. A similar national outcry occurred in the aftermath of the horrific shooting at Columbine High School in 1999. At the time, Members of Congress held a number of hearings to consider changes to our gun laws. NRA Executive Vice President Wayne LaPierre testified before the House Judiciary Committee on May 27, 1999x in support of universal criminal background checks. In his testimony, he stated, We think it is reasonable to provide mandatory, instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone. That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This isnt new or a change in position or a concession. Ive been on the record on this point consistently - from our national meeting in Denver, to paid national ads and position papers, to news interviews and press appearances. Despite this full-throated endorsement of universal background checks in 1999, the NRA now opposes them.xi Mr. LaPierre directly contradicted his 1999 testimony when he testified before the Senate Judiciary Committee on January 30, 2013xii. Senate Judiciary Chairman Patrick Leahy questioned LaPierre about this discrepancy but LaPierre avoided answering the question directly. The transcript of the exchange follows:

LEAHY: And in your testimony in '99, you supported mandatory instant criminal background checks for every sale and every gun show. You said, quote, "No loopholes anywhere, for anyone." Now, today, of course, you say criminals would never submit to background checks. Statistics show that plenty of them do. Nearly 2 million convicted criminals and other dangerous people have tried to buy firearms and, as Chief Johnson said, were prevented. So let me ask you this: Do you still, as you did in 1999, still support mandatory background checks at gun shows? Yes or no? LAPIERRE: We supported the National Instant Check System on dealers. I -- we were here when Senator Birch Bayh, one of your colleagues, held the hearings in terms of who would be a dealer and who would be required to have a license. If you did it for livelihood and profit, yes. If you were a hobbyist, then no. LEAHY: Lets make lets make it easier, though. Im talking about gun shows. Should we have mandatory background checks at gun shows for sales of weapons? LAPIERRE: If you're a dealer, that's already the law. If you're talking... LEAHY: That's not my question. Please, Mr. LaPierre, I'm not trying to play games here. But, if you could, just answer my question. LAPIERRE: Senator, I do not believe the way the law is working now, unfortunately, that it does any good to extend the law to private sales between hobbyists and collectors. LEAHY: OK, so you do not support mandatory background checks in all instances at gun shows? LAPIERRE: We do not, because the fact is, the law right now is a failure the way it's working. The fact is, you have 76,000-some people that have been denied under the present law. Only 44 were prosecuted. You're letting them go. They're walking the streets. LEAHY: And do you -- then, I understand, back in 1999, you said no loopholes anywhere for anyone. But now you do not support background checks for all buyers of firearms? LAPIERRE: I think the National Instant Check System, the way its working now, is a failure. Because this administration is not prosecuting the people that they catch. They're not -- 23 states are not even putting the mental records of those adjudicated mentally incompetent into the system. Now, assume that if you don't prosecute and they try to buy a gun, even if you catch 'em, and you let 'em walk away, to assume they're not going to get a gun -- they're criminals, they're homicidal maniacs, and they're mentally ill. I mean, we all know that homicidal maniacs, criminals and the insane don't -- don't -- don't -don't abide by the law.

LEAHY: Mr. LaPierre, my time is up. With all due respect, that was not the question I asked. Nor did you answer it. LAPIERRE: But I think it is the answer. I honestly do. I -- the fact... LEAHY: All right. It's your testimony. Furthermore, the NRAs current position stands in direct contradiction to their members wishes. In a statement on the associations website, NRA chief lobbyist Chris Cox states, NRA does NOT support universal background checks and is not working with Manchin to implement this type of legislation. NRA opposes, and will continue to oppose, universal background checks and registration schemes. The polling on universal background checks is clear the vast majority of Americans, regardless of whether they own a gun or not or if they are a NRA member or not, believe that all gun purchases should be preceded by a background check. However, the Washington-based leadership of the NRA persists in fighting against this common sense change and has even reversed its own position on this issue. Terror Gap One of the most glaring loopholes in our nations gun laws is known as the terror gap. Currently, the Federal Bureau of Investigation (FBI) does not have the authority to block firearm sales to terror suspects including those on the terror watch lists. A 2011 Government Accountability Office (GAO) report found that over a six-year period, there were nearly 1,453 times where individuals on terror watch lists tried to buy guns and explosives and 91 percent of the attempts were allowed were allowed to proceed.xiii Common sense alone would lead most people to believe that we should close this loophole. Yet, further strengthening the case are examples of how terror suspects have been able to purchase a firearm regardless of their suspected ties to terrorism. One such example was when Major Nidal Hasan shot and killed 13 people and wounded 30 more on November 5, 2009 at Fort Hood in Texas. Hasan passed a background check to purchase a FN 5.7 semiautomatic handgun months before the shooting even though he was being investigated by the FBI for links to terrorism. In spite of this evidence and the views of the majority of NRA members, the NRA has opposed the Denying Firearms and Explosives to Dangerous Terrorists Act.v
i

NRA Stand and Fight: High-Capacity Magazines ad http://www.youtube.com/watch?feature=player_embedded&v=o9VdWqY3ZV4; NRA Stand and Fight: School Security http://www.youtube.com/watch?feature=player_embedded&v=saHyMxVjceE
ii

New Jersey Governor Chris Christies reaction to the NRA School Safety ad http://www.youtube.com/watch?feature=player_embedded&v=vP1sG2AcksA#at=43

Joe Scarboroughs reaction to the NRA School Safety ad http://tv.msnbc.com/2013/01/16/scarborough-nra-is-its-own-worst-enemy/

http://tpmdc.talkingpointsmemo.com/2013/02/nra-ad-obama-administrationresponse.php?ref=fpnewsfeed
iv

July 2012 Mayors Against Illegal Guns Poll by Republican pollster Frank Luntz http://www.mayorsagainstillegalguns.org/downloads/pdf/poll-07-24-2012.pdf
v

NRA opposition to mandatory gun reporting for lost or stolen firearms http://www.bloomberg.com/news/2012-08-16/nra-locked-in-gun-battle-with-pennsylvaniamayors-over-town-laws.html; NRA Institute for Legislative Action fact sheet outlining their opposition to the Denying Firearms and Explosives to Dangerous Terrorists Act http://www.nraila.org/news-issues/fact-sheets/2011/why-nra-opposes-gun-controlsupporters%60.aspx
vi

January 2013 Johns Hopkins University Bloomberg School of Public Health poll, which was published in the New England Journal of Medicine on January 28, 2013 http://www.nejm.org/doi/full/10.1056/NEJMp1300512
vii

February 2013 Quinnipiac poll - http://www.quinnipiac.edu/institutes-centers/pollinginstitute/national/release-detail/?ReleaseID=1847

January 2013 Pew Poll - http://www.people-press.org/2013/01/14/in-gun-control-debateseveral-options-draw-majority-support/#gunowners

January 2013 Gallup poll - http://www.gallup.com/poll/160085/americans-back-obamaproposals-address-gun-violence.aspx

NRA Executive Vice President Wayne LaPierre testifying before Congress on May 27, 1999. His remarks begin at the 2:08 mark and he specifically mentions universal criminal background checks at the 2:11:50 mark - http://www.c-spanvideo.org/program/ControlLegisl.
xi

NRA website opposing background checks - http://www.nraila.org/news-issues/news-fromnra-ila/2013/1/statement-from-chris-w-cox.aspx

NRA Executive Vice President Wayne LaPierres testimony before the Senate Judiciary Committee on January 30, 2013 - http://www.nraila.org/news-issues/news-from-nraila/2013/1/testimony-of-wayne-lapierre-before-the-us-senate-committee-on-the-judiciaryhearing-on-what-should-america-do-about-gun-violence.aspx
xiii

April 27, 2011 letter from Eileen Larence, GAO Director for Homeland Security and Justice Issues, to Senator Frank Lautenberg - http://terrorgap.org/img/gao-may-2011.pdf