ALEC and the NRA Take Fight Against Gun Control to States

By Editorial Board, The New York Times

22 January 13

tate lawmakers in Wyoming didn't need to hear President Obama's gun-control proposals on Wednesday in order to attack them. A week ago, before the White House had even decided what actions to take, Republicans introduced a bill in the Wyoming Legislature to block any federal limitation on firearms, such as an assault weapons ban. A federal agent seeking to enforce such a ban would be guilty of a felony and face five years in prison.

This ludicrous bill would be laughable if the idea weren't spreading. A similar bill filed in Tennessee would also make federal gun enforcement a state crime, though it's more "moderate" than Wyoming's: federal agents doing their jobs would be charged only with Class A misdemeanors. Inevitably, a bill like Wyoming's has been filed in Texas. And, in Mississippi, Gov. Phil Bryant announced that the state would block federal gun measures. A proposed law in the state would claim that Washington has no jurisdiction over weapons made in Mississippi.

There's no point in telling these fanatics that federal gun restrictions are completely constitutional, even under the Supreme Court's latest interpretation of the Second Amendment, or that federal law pre-empts state law. They already know these bills will be unenforceable. They are merely legislative fist-shaking, letting pro-gun voters know that lawmakers share their antipathy to the Obama administration, and signaling to the National Rifle Association and other gun-manufacturing lobbies that they are worthy recipients of rich political contributions.

Already, states like these have done enormous damage to public safety by acceding to the N.R.A.'s demands for laws that are anything but symbolic. The gun lobby hasn't been content with the ability of Americans to lawfully possess hundreds of millions of handguns and assault rifles. It wants gun owners to be able to carry these weapons anywhere they want, even among children, concealed or displayed, and preferably without the annoyance of permits, background checks, or safety precautions.

After the Virginia Tech massacre in 2007, the N.R.A. defied logic and pushed a bill to allow guns on college campuses. Thanks to help from the American Legislative Exchange Council, the conservative organization of state lawmakers to which the N.R.A. has contributed heavily, five states now allow campus guns. Only nine states prohibit guns at sporting events, and just 26 prohibit them where alcohol is served.

Wisconsin actually allows guns in the public gallery that looks down on the state assembly, and the N.R.A. pressured lawmakers last week to keep it that way. The N.R.A. and the American Legislative Exchange Council were behind the "stand your ground" laws that allow people to shoot others if they believe they are in danger, which has led to hundreds of deaths while allowing killers to walk free.

State gun laws matter. Of the 10 states with the most restrictive laws, seven also have the lowest gun death rates, according to a study by the Law Center to Prevent Gun Violence. Similarly, lax gun laws correlate to a high level of gun deaths.

That's why it's good to see several states step up to their responsibilities to prevent violence instead of following the southern and western states that appear to be encouraging it. New York was out front this week in passing a ban on assault weapons and large-capacity magazines, among other measures. A similar ban is moving ahead in Illinois. New Jersey and Connecticut are moving more slowly, appointing task forces to make recommendations, but are at least heading in the right direction.

California is considering legislation that would limit sales of ammunition, requiring background checks and permits for bullet buyers. Gov. John Hickenlooper of Colorado, the site of so much carnage, has reversed his opposition to new restrictions, proposing universal background checks as well as an overhaul of the state mental health system to identify those who should be kept away from weapons.

Still, too many states continue to put their citizens at risk as they pledge ever-greater fealty to the gun manufacturers. It's time the states became laboratories for safety rather than violence.