Guns in America, Part 2. The NRA is Down But Not Out.

​In Part 1 of “Guns in America”, I examined the current thinking on the Second Amendment to the Constitution. It is now clear, at least to me, that most American adults have an individual right to own guns. America is awash in guns, gun violence continues unabated, and many in Congress will block any attempt at meaningful gun control legislation. No other organization in America has had more impact on the debate over guns than the American Rifle Association (NRA). The NRA has advocated for the rights of gun owners for over a century, and has become a political juggernaut in defense of these rights. This blog will examine the rise of the NRA and its ability to influence the debate on gun control. But first, there have been a few recent developments in the past several days that I would be remise if I didn’t mention.

​​The Biden Administration Addresses Gun Violence: Under pressure from the left to address the rash of recent gun violence, the Biden Administration on April 7, 2021 released some actions that it would take, https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/07/fact-sheet-biden-harris-administration-announces-initial-actions-to-address-the-gun-violence-public-health-epidemic/.

The President understands that he doesn’t have the votes in Congress to pass meaningful gun legislation. He will therefore work through his Department of Justice (DOJ) to at least tighten up some regulations under existing law. Here is what the DOJ plans to do:

• Issue a proposed rule to help stop the proliferation of “ghost guns”. These are guns put together from kits or 3-D printers, that have no serial numbers and are difficult to trace.
• Issue a proposed rule that stabilizing braces which turn pistols into short-barrel rifles, be subject to the National Firearms Act, https://www.atf.gov/rules-and-regulations/national-firearms-act. This type of device was used by the mass shooter in Boulder, CO last month.
• Publish model “red flag” legislation for states which allow family members or law enforcement to petition for a court order to temporarily remove firearms from a person who presents a danger to themselves or others. Currently nineteen states and Washington D.C. have passed their own red flag laws.
• The DOJ will issue an annual comprehensive report on firearms trafficking to give policymakers the information they need to address this issue.

In my opinion these actions are mere band aids on the festering wound of gun violence in America. Meaningful gun control legislation will be addressed in a future blog.

​Mass Shootings Aren’t the Main Problem: In the days since my last blog post there have been more mass shootings leading to multiple deaths. As I began to write this blog the country learned of a mass shooting at a FedEx facility in Indianapolis, where a lone gunman killed eight, and injured several others before turning the gun on himself. Another incident involved an ex-NFL player who killed six, including himself, in South Carolina.  Mass shootings are horrific and make the news. But we never hear about the vast majority of deaths and injuries caused by gun violence in this country. For example, in 2019 only about one out of every 400 gun deaths was the result of a mass shooting.

According to the “Gun Violence Archive”,  https://www.gunviolencearchive.org/past-tolls, there were 43,546 deaths and 39,434 injuries due to gun violence in 2020. Of these deaths, more than 50% were from suicides. Accidental shootings and incidents involving a single victim, are far more common than mass shootings. 

​Beginnings of the NRA: The NRA was founded in 1871 by two former civil war officers to “promote and encourage rifle shooting on a scientific basis”, https://home.nra.org/about-the-nra/. After receiving a charter in the state of New York, the organization quickly built a firing range and sponsored annual shooting matches. Starting in the early 1900s, the NRA began promoting shooting sports among America’s youth and helped to establish rifle clubs at all major colleges, universities, and military academies. Even today, youth programs are still a cornerstone of the NRA, with over one million youth participating in NRA shooting sports events. The NRA works with groups such as the 4-H, Boy Scouts, American Legion, Royal Rangers, National Rodeo Association, and others. The organization has several publications, most notably “The American Rifleman”, and “The American Hunter”, and maintains a commitment to training, education, and marksmanship. But all of this is overshadowed by its political work as the nation’s preeminent gun rights organization.

​The NRA Gets Political: The NRA was in existence for nearly 100 years before it really began to flex its muscles in Washington D.C.

• In 1934 the NRA established the Legislative Affairs Division to keep members abreast of upcoming firearms bills.
• Supported the National Firearms Act of 1934 (more on this act in the next blog).
• Supported the Gun Control Act of 1968 (more on this act in the next blog).
• In 1975 the NRA established the Institute for Legislative Action (ILA). This lobbying arm became the vehicle by which the NRA directly influences legislation in defense of the Second Amendment and the rights of gun owners.
• In 1976 the NRA Political Victory Fund (NRA-PVF) was established, and is managed by the ILA. The NRA-PVF is the NRA’s political action committee. It ranks lawmakers on both sides of the aisle and funnels money to candidates favorable to gun rights. NRA members are generally very politically engaged, and take these rankings very seriously.
• In 1990 the NRA established the NRA Foundation as a tax-exempt organization. It raises millions of dollars a year to fund gun safety and education projects. ​

​NRA Lobbying Efforts: The NRA lobbies against all forms of gun control at the local, state, and federal levels. Since 1998 the NRA-PVF has consistently ranked among the top spenders in congressional races. The NRA is one of the most powerful lobbying groups in Washington D.C.  You’d be hard pressed to find a Republican member of Congress who hasn’t received funds from the NRA during their career. A significant number of Democrats have also been at the receiving end of the NRA’s largess. Here is a link to a list of recent congressional candidates who received campaign money from the NRA, https://en.wikipedia.org/wiki/List_of_congressional_candidates_who_received_campaign_money_from_the_National_Rifle_Association. 

​In 2016, the NRA spent $412 million on political activities, and that didn’t even include the money spent by its political action committee! In addition to its financial muscle, the NRA has the ability to mobilize its large membership, estimated to be between 3-5 million. According to the NRA, its membership reached 5.5 million members in 2018, and membership dues were over $170 million. Membership fees account for less than half of the NRA’s income, with the majority coming from contributions, grants, royalties, and advertising.

​NRA Aligns With GOP: The NRA endorsed a presidential candidate for the first time in 1980, helping GOP candidate Ronald Reagan defeat Jimmy Carter. The NRA solidified its ties with the Republican Party in the 1990’s, and House Republican leader Newt Gingrich stated that support for or against gun control defined one’s partisan identity. The NRA endorsed Donald Trump in the 2016 presidential election, reportedly spending over $30 million in his support.

​NRA Faces Legal and Financial Troubles: Last August the New York Attorney General filed a civil lawsuit against the NRA alleging fraud, financial misconduct, and misuse of charitable funds by some of its executives, including Wayne La Pierre, https://ag.ny.gov/press-release/2020/attorney-general-james-files-lawsuit-dissolve-nra. Mr. La Pierre has been the NRA’s executive vice president since 1991 and functions as the chief executive officer. The New York lawsuit calls for the dissolution of the NRA.

On the same day, the Attorney General of Washington D.C. filed a lawsuit against the NRA for misusing charitable funds, https://oag.dc.gov/sites/default/files/2020-08/NRA-Foundation-Complaint-Redacted.pdf. It is alleged that some executives of the NRA have used charitable funds to enrich themselves and have diverted funds for uses other than what they were intended. 

​In January of this year the NRA filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Northern District of Texas in Dallas, https://www.reuters.com/article/us-usa-guns/national-rifle-association-files-for-bankruptcy-seeking-to-escape-new-york-lawsuit-idUSKBN29K2LV. It also announced that it would reincorporate in Texas, subject to the approval of the court. The NRA contends that its Chapter 11 filing is a legitimate maneuver to facilitate a move to a state more friendly to its organization. The New York Attorney General claims that it is a ploy to escape accountability in New York. The bankruptcy case is currently underway in Texas, and the civil lawsuits will hobble the NRA for months, if not years, to come.  

​The New Yorker has several great articles about the financial problems of the NRA,  https://www.newyorker.com/news/news-desk/secrecy-self-dealing-and-greed-at-the-nra.

​The NRA is Weakened, But Not Their Message: The NRA will emerge leaner and with new faces in leadership positions. Even though the NRA has fallen from its lofty perch and is not as powerful as it once was, its pro-gun rights message still permeates the halls of Congress. According to the NRA, membership has risen by 140,000 members since the election over fears that the Biden administration will enact tighter gun control measures.

NRA President Caroline Meadows recently stated “The NRA has never been stronger or more critical to the fight for Second Amendment freedom”. We will see if she is singing the same tune at the conclusion of the bankruptcy trial and the civil lawsuits.   
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The constituency that the NRA has developed still exists, and will continue to exist even without the NRA. With the current troubles plaquing the NRA, new pro-gun rights groups will grow and come to prominence. Many advocates of gun control fear that these groups will be even more right-wing than the NRA, some of which have been growing rapidly in recent years. They include the Virginia Citizens Defense League, the Second Amendment Foundation, and the National Association for Gun Rights.

​The GOP is a strong advocate of Second Amendment rights, and with a narrow majority in Congress the Biden Administration is hesitant about spending any political capital to push through new gun control legislation. With all the senseless gun violence in this country you would think that lawmakers could come together and enact some meaningful measures to stem the violence. But if history is any guide, this is not about to happen anytime soon. Gun rights advocates see ANY gun control measure as a slippery slope towards repealing their Second Amendment rights. With or without the NRA, this view is well entrenched in Washington D.C. and across America. It may require a new generation of leaders and activists to get us out of this mess. In my next blog I will examine the gun control legislation that has been enacted over the years, and the long road ahead in the fight to stop gun violence in America.  

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Thanks,
Armchair American
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