Fox News host Megyn Kelly sharply critiqued a Montana self-defense law that has been cited by the local prosecutor as the reason that Brice Harper will not face charges after fatally shooting Dan Fredenberg in Harper's garage on September 22. Fredenberg, who was unarmed, entered the garage to confront Harper who was having an affair with his wife.
During Thursday's segment on American Live, Kelly stated "it looks like that guy who did the shooting, who was having the affair is going to get away with it" and said that Harper "is getting off. Why? Because of the 'stand your ground' law or the 'castle doctrine' in Montana." Kelly also expressed the belief that the law effectively makes the punishment for unlawfully entering someone's property "the death penalty."
Montana's "castle doctrine" law allows an individual to use deadly force while in their home if the individual has a reasonable apprehension of assault. The deadly force requirement was created in 2009 by HB 228, a bill that expanded the circumstances under which deadly force could be used in self-defense and also loosened rules on the carrying of concealed weapons in public.
While the bill was under consideration, National Rifle Association lobbyist Brian Judy called it "our most important bill of the session." The proposed legislation, however, was opposed by some members of law enforcement who cited public safety concerns.
Even as numerous states have expanded self-defense laws in recent years (often at the behest of the NRA), Montana's "castle doctrine" law stands out for the extremely low requirements that an individual must satisfy before using deadly force. Under Montana law, an individual may use deadly force on someone who unlawfully enters his or her property if that individual "reasonably believes that the force is necessary to prevent an assault."
The National Rifle Association's media arm, NRA News, recently downplayed the public safety threat posed by a loophole in federal law that allows domestic abusers and other prohibited persons to purchase firearms without undergoing a background check. But the alleged perpetrator in an October 21 shooting at a Brookfield, Wisconsin spa that left three dead and four wounded reportedly abused that same loophole to obtain his firearm.
Today the Associated Press reported that Radcliffe Haughton purchased a handgun without a background check from a private seller, and obtained the weapon two days after becoming subject to a restraining order that required him to turn any firearms he owned into police.
On August 29, Cam Edwards, the host of Cam & Company on NRA News, obfuscated the loophole during a segment in which he expressed opposition to a proposal by Mayors Against Illegal Guns to require background checks on nearly all gun sales.
CAM EDWARDS: As you know, the gun laws in this country are the same for private citizens at gun shows or at their home. The laws in the country are the same for federally licensed firearms retailers whether they are at their brick-and-mortar store or whether they are manning a table at a gun show. The laws don't change based on the location.
Edwards' focus on where guns are sold is a distraction from the real issue: the lax regulation of private gun sales creates a venue for prohibited persons, like Haughton, to obtain firearms.
A CNN article published yesterday about increased efforts by the National Rifle Association to defeat President Obama credulously echoed false NRA talking points on assault weapons, without noting Mitt Romney's well-documented flip flop on the issue.
The article notes that in responding to a question about assault weapons in Tuesday's presidential debate, Obama mentioned an assault weapons ban. Instead of offering independent reporting on the topic, CNN political director Mark Preston only provided readers with the take of the NRA's chief lobbyist, Chris Cox, on the issue of assault weapons bans:
"Some gun owners took Obama at his word four years ago, when he said he wouldn't take their guns away," said Chris W. Cox, executive director, NRA's Institute for Legislative Action. "So, after years of paying lip service to the Second Amendment, President Obama finally let it slip last night that he supports the most draconian form of gun control - a gun ban."
Preston, however, did not acknowledge that 62 percent of Americans, including 61 percent of Independents and 49 percent of Republicans, favor assault weapons bans. Nor did he mention that President Obama never made a promise to gun owners to not restrict access to assault weapons, as Cox suggested.
Turning to an exchange during Tuesday night's presidential debate where Romney was asked by moderator Candy Crowley about his changing position on assault weapons, Preston served as a stenographer for Romney without noting that the GOP nominee told a distorted version of events concerning his role in banning assault weapons while governor of Massachusetts.
A good deal has been written about how Mitt Romney's answers on Libya at last night's presidential debate illustrated the degree to which his foreign policy is influenced by the closed conservative media feedback loop. But there was another moment from Romney last night on gun violence prevention that might indicate the degree to which the fringe right influences the Republican candidate's campaign rhetoric.
In the middle of his answer to a question about limiting "the availability of assault weapons," Romney launched into a discourse on Operation Fast and Furious, the failed gun trafficking sting. Romney called it the "greatest failure we've had with regards to gun violence" and intimated that no one knows why it was initiated: "For what purpose it was put in place, I can't imagine. ... I'd like to understand who it was that did this, what the idea was behind it, why it led to the violence, thousands of guns going to Mexican drug lords."
What made this so odd was that there isn't any uncertainty as to what the idea behind Fast and Furious was. The operation was intended to identify and dismantle the cross-border gun-trafficking rings that operate within the United States and Mexico, and both the Justice Department's inspector general and House Oversight Committee chairman Darrell Issa (R-CA) have released reports affirming that fact.
In an October 16 column, Washington Times senior opinion editor Emily Miller praised Mitt Romney's opposition to gun violence prevention legislation while fearmongering about President Obama' s support for an assault weapons ban. But Miller did not acknowledge that Mitt Romney has been a proponent of assault weapons bans -- as recently as the last time that he ran for president.
Criticizing former Supreme Court Justice John Paul Stevens for backing some gun restrictions, Miller warned that Obama "would put another liberal justice -- or three -- on the bench if given a second term." Miller presented Romney in sharp contrast to Justice Stevens, and reprinted Romney's claim that his "Sportsmen for Romney" coalition, whose members include representatives of the National Rifle Association and the gun industry, "will have a friend in the White House" if he becomes president. Obama, who has not enacted any new restrictions on firearms while president, was characterized by Miller as "an outspoken gun-control advocate before he ran for president."
By presenting Romney as a vigorous defender of gun rights, while attacking Obama on the issue, Miller effictively hid Romney's own well documented past support for rigorous gun violence prevention measures.
During tonight's presidential debate, Republican nominee Mitt Romney echoed a false claim from the National Rifle Association's radio show Cam & Company that whitewashes the former Massachusetts governor's record on guns.
News outlets will surely report on what was a contentious exchange between candidates on an issue that has thus far been ignored in the presidential race. But will they get to the bottom of Romney's past support for gun violence prevention measures?
Romney echoed the NRA talking point that an assault weapons ban he signed into law while governor of Massachusetts was agreeable to that state's leading gun advocacy group after moderator Candy Crowley suggested that his position on assault weapons has changed in recent years.
CROWLEY: Governor, if I could, the question was about these assault weapons that once were banned and are no longer banned. I know that you signed an assault weapons ban when you were in Massachusetts. Obviously with this question, you no longer do support that. Why is that given the kind of violence we see sometimes with these mass killings? Why is it that you've changed your mind?
ROMNEY: Well, Candy, actually in my state the pro-gun folks and the anti-gun folks came together and put together a piece of legislation. And it's referred to as an assault weapon ban, but it had -- at the signing of the bill both the pro-gun and the anti-gun people came together because it provided opportunities for both that both wanted.
The NRA has endorsed Romney and recently used its NRA News radio outlet to rewrite history in an attempt to hide Romney's past support for tough gun control measures.
During the October 2 edition of Cam & Company on NRA News, host Cam Edwards told viewers that Romney's gun policy while governor was in line with the positions of Gun Owners Action League (GOAL), the Massachusetts state gun advocacy group. Edwards also claimed that Romney loosened restrictions on assault weapons while governor instead of enhancing them. Neither claim is accurate.
During today's meeting of a Florida taskforce that is investigating the "Kill At Will" law implicated in the shooting death of 17-year-old Trayvon Martin, National Rifle Association representative Marion Hammer said that the NRA was "proud to have been a part of the process" in enacting the law in 2005.
We believe the law is doing what the legislature intended. It is protecting the rights of people who defend themselves against attackers and intruders. The NRA supported this law. We are proud to have been a part of the process. We are proud to say we worked with legislators from both sides of the aisle to protect self-defense rights. And although there may be other bodies of law that do not go far enough to protect the innocent and the righteous, we don't see any basic need to change the premise of this law.
Hammer, who in closing stated that the NRA "see[s] the law as protecting freedom," served as president of the National Rifle Association between 1995 and 1998 and remains the organization's top lobbyist in Florida. She is hardly the first member of National Rifle Association leadership to express full-throated support for "Kill At Will." In April, NRA chief lobbyist Chris Cox told attendees of the NRA's annual meeting that despite "post-media hysteria" in the weeks following Trayvon Martin's death the gun rights organization "will defend those laws." At the same annual gathering, NRA Executive Vice President Wayne LaPierre blamed controversy surrounding the law, called "Stand Your Ground" by its proponents, on the national news media.
Hammer previously acknowledged in an interview with Media Matters that the NRA helped draft the law and "support[ed] it through the process." This account was confirmed by Florida Today reporter Paul Flemming who stated, "There is no doubt about it. Marion Hammer, the NRA lobbyist here, former president of the NRA wrote the legislation and she would tell you so."
If one scene defines last week's premiere of Ted Nugent's Gun Country, set in the survivalist-thick scrublands surrounding Waco, Texas, it is the show's unnervingly giddy and pony-tailed host standing behind a .50-caliber Browning armor-piercing machine gun and blowing a bunch of holes in the four-inch reinforced steel door used by a team of local "preppers" to protect their bunker armory against an attack of the undead. Neither the machine gun nor the vault hatch fills any conceivable civilian-defense need, but the show, like the gun culture it celebrates, is all about overkill. An excited Nugent declares his intent to upgrade the defenses around his own bunker gun closet, and after a commercial break appears on screen pumping off rounds from the preppers' Zombie Apocalypse chainsaw-shotgun.
It's the sort of weapon you'd expect to see wielded with glee in a Dawn of the Dead remake, not on the flagship network of a media behemoth claiming a science-educational mission. But such is the state of programming these days on the Discovery Channel, long overdue for an honest update of its tagline, "Science, History, Space, Tech, Sharks, News!"
It is admittedly quaint to say in 2012 that a billion-dollar cable corporation has failed to live up to its stated values, and we're at least several decades past debating whether television can become the productive social force some imagined during the medium's infancy. Indeed, Discovery's devolution was notable a full decade ago, when the science journalist Chris Mooney penned an op-ed for the Washington Post bemoaning its programming turn away from science documentaries and toward the paranormal, the sensational, and the idiotic. Discovery Communications, noted Mooney, touted its goal of helping young viewers "critically analyze" information even as its properties such as Animal Planet increasingly aired fare like The Pet Psychic. A spokeswoman for the company claimed at the time that such shows represented a "whimsical take" on the company's science mission.
The Pet Psychic is A Brief History of Time compared to many of the shows now airing on the channel. In recent years Discovery has joined other companies in its former documentary niche in largely abandoning in-depth science programming in favor of its antipode, what might best be called anti-science: shows that glorify stupidity and celebrate a giggling, Beavis and Butthead-style pleasure in blowing stuff up and killing things.
Discovery is not filling a munitions void here so much as chasing the lowest common ratings denominator; The Outdoor Network and The History Channel first pioneered programming for the demo Nugent calls "gun nuts." But Discovery has gone furthest down the rabbit-hunting hole. Among the channel's slew of reality shows are three and counting devoted to portraying the patriotic fun to be had with high-caliber automatic weapons: American Guns, Sons of Guns, and the special (or is it pilot?) that aired last week, Ted Nugent's Gun Country, which officially pushes the phenomenon beyond the reach of parody. It is as if ESPN began airing a show called Frog Baseball Tonight.
On Wednesday, the Discovery Channel aired "an inside look at American gun culture" starring controversial National Rifle Association board member and Washington Times columnist Ted Nugent. Discovery Channel documented Nugent shooting a scimitar-horned oryx, an animal extinct in the wild, and also showed him spending time with a group of heavily armed doomsday "preppers."
Now the question remains: Will the Discovery Channel continue to allow Nugent to use the channel as a "resource" to help him win the "culture war"?
In a September 26 press release, Discovery Channel billed Ted Nugent's Gun Country as a "one-hour special." But during an appearance on Armed America Radio, Nugent stated that the Discovery Channel "want[s] to do it as a regular feature." He told listeners to "expect that there will be at least a dozen shows a year."
MARK WALTERS, HOST: Ted, is this going to be a regular series?
NUGENT: Well just the title, Ted Nugent's Gun Country, I mean even if Discovery doesn't air anymore shows it's still alive and well. They want to do it as a regular feature. We expect that there will be at least a dozen shows a year.
NUGENT: Every month. And we are really excited about it. I think it came off great. We trained with a bunch of zombie killers, we did a lot of ammunition testing.
A graphic accompanying an October 1 promotional appearance on NRA News described Ted Nugent's Gun Country as a "series."
Last night, the Discovery Channel aired "an inside look at American gun culture" featuring Washington Times columnist and National Rifle Association board member Ted Nugent. Media Matters previously noted that Nugent often uses inflammatory language against the Obama administration, women, religious and ethnic minorities and members of the LGBT community.
On the day that Ted Nugent's Gun Country aired, Nugent accused the "lying enemies of America" Obama administration of treason and "criminal complicity to murder." In promotional radio appearances for his special, Nugent accused "anti-American" Barack Obama of only feigning respect for veterans and declared his intention to use the Discovery Channel as a resource to help him win the "culture war."
Ted Nugent appeared this past Sunday on Armed America Radio to promote his special on gun culture that will air on the Discovery Channel tonight. During his appearance, The Washington Times columnist and National Rifle Association board member went on a sustained rant against President Obama.
Nugent made a number of wild-eyed accusations against Obama and his policies, referring to the president as "a Mao Zedong wannabe." In his view, Obama's administration is "anti-American, anti-quality of life, anti-freedom, anti-liberty, and anti-being the best that you can be" while the president himself is "against the very spirit" of "the Declaration of Independence, the Bill of Rights and the U.S. Constitution."
Nugent also accuses the president of implementing communist policies, while pretending to honor fallen U.S. soldiers at sites like the Vietnam Wall, an act which Nugent calls "one of the most vile, repugnant, obscene gestures in the history of American politics."
This morning Ted Nugent accused the Obama administration of treason and referred to them as "enemies of America." Tonight, the controversial Washington Times columnist and National Rifle Association board member will be the subject of a Discovery Channel special promoting "an inside look at gun culture" through his eyes.
Nugent issued the comments on his twitter feed minutes after using that outlet to promote the Discovery special:
Nugent has a long record of violent and inflammatory rhetoric about President Obama as well as women and ethnic and religious minorities. Discovery has nonetheless decided to promote Nugent, praising him as a "rock and roll legend" and "strong and vocal advocate for guns, hunting and all things America." For his part, Nugent has declared the special an opportunity to promote his side in the "culture war."
The Discovery Channel will be providing Ted Nugent with a platform to help him fight the "culture war" when it features him in a special this week, the controversial National Rifle Association board member and Washington Times columnist said in a recent interview.
Nugent has a lengthy history of making violent, inflammatory, and offensive remarks against women, the LGBT community, and racial and religious minorities. Earlier this year, he told attendees at the NRA's annual meeting that he would "be dead or in jail by this time next year" if Barack Obama was reelected president, which prompted scrutiny from the Secret Service.
But none of that stopped the Discovery Channel from contacting him to star in its programming, as Nugent detailed in an interview with NRA News. Discovery is promoting the October 10 special, Ted Nugent's Gun Country, as "an inside look at American gun culture through the eyes of" Nugent.
Speaking with Cam Edwards, Nugent explained how he hopes to use that platform as an opportunity to promote his position in the "culture war":
NUGENT: Cam, you know you and I have known each other a long time, I really have always celebrated and promoted the Second Amendment, all things guns, the good, the perfection, the good over evil that guns provide, the joys, the discipline, the marksmanship discipline, and the fact that the American Dream became available because brave patriots stood up with guns and fought the Evil Empire. So what we did with the Discovery Channel, they contacted me and went, "You know, if we are going to produce gun shows shouldn't we do it with this Nugent guy?"
NUGENT: "Because even his guitars are ballistically coefficient." I celebrate this every day of my life. I do media literally 300-plus days a year. Even during the hunting season I'm available between 11 and 1 pm because I really believe during this culture war we have talked about many times--
EDWARDS: Mm hmm.
NUGENT: --that it's imperative that those of us who cherish and believe and demand freedom, that we use every resource we have that we can cultivate and maximize to promote and celebrate all things Second Amendment and the perfection of gun ownership. So the Discovery Channel has some really wise souls there and they contacted me and said, "How would you like to do a TV show called Ted Nugent's Gun Country?" And I went, "I'm already doing it. You might as well start recording it."
Later in the interview, Nugent stated, "I believe if you hate the NRA, if you hate guns, if you hate Ted Nugent, then you clearly hate America. And I have never apologized, I've never defended -- there is nothing to defend -- but in this culture war we do sometimes have to explain ourselves."
NRA News is deliberately misleading its supporters about Mitt Romney's firearms policies while he served as governor of Massachusetts. During the October 2 edition of Cam & Company, host Cam Edwards suggested that any action taken by then-Governor Romney on assault weapons was supported by Massachusetts state gun rights group Gun Owners Action League (GOAL) and further stated that Romney "actually undid some of the damage" of the commonwealth's 1998 assault weapons ban. In fact, legislation signed by Romney in 2004 made the Massachusetts assault weapons ban permanent.
A July 1, 2004 press release issued by the Commonwealth of Massachusetts, titled, "Romney Signs Off On Permanent Assault Weapons Ban," leaves little doubt that the former Massachusetts governor was involved in restricting access to assault weapons. Indeed, at the bill's signing ceremony Romney stated that the "sole purpose" of assault weapons is "hunting down and killing people." In response to the new law, GOAL stated that the Romney administration "took a major shot at lawful gun owners and showed their true colors."
CAM EDWARDS, HOST: Doc in Jacksonville, Florida says, "Cam, due to the fact that Mitt Romney signed a gun ban into law while he was governor of Massachusetts, does the NRA trust him to stand up for the Constitution and Second Amendment as president?" You know, I'm glad you asked this question, Doc. Last time -- I've got to promote this video because we've got it up I know on our YouTube page -- the last time we had Jim Wallace from the Gun Owners Action League in studio, that's the state-level organization in Massachusetts, we asked him about this. Because Mitt Romney did sign a bill as Governor of Massachusetts, but he did not institute an assault weapons ban. This was actually a bill that the Gun Owners Action League in Massachusetts supported. The quote unquote assault weapons bill, or excuse me the quote unquote assault weapons ban, was already law in Massachusetts. It was already permanent in Massachusetts. This bill actually provided some relief to gun owners in the state of Massachusetts. It was portrayed and it has been portrayed in the media as Governor Romney signed a bill to ban quote unquote assault weapons in the state of Massachusetts. But that's not the case. This was a bill, as I said, that was supported by the state gun owners' organization in Massachusetts because it actually undid some of the damage of that original legislation.
A new graphic appearing on the National Rifle Association store website analogizes the supposed existence of a plot by the Obama administration to disarm Americans with ancient Spartan mythology.
As the story goes, Persian King Xerxes' demanded that King Leonidas of Sparta and his 300 Spartan warriors lay down their arms. Leonidas' refusal precipitated the Battle of Thermopylae.
By implication, National Rifle Association is King Leonidas, NRA members are the 300, and President Obama is King Xerxes. The ad explains: "King Leonidas of Sparta defended what he valued with everything he had. To preserve our God-given rights, Americans need to do the same today by supporting the NRA in every way possible!"
The NRA previously referenced September 11 in fundraising emails sent on the tenth anniversary of the terror attacks. This year, the NRA marked the January 28 anniversary of the Space Shuttle Challenger disaster with a NRA store advertisement that paired the likeness of assassinated President John F. Kennedy with an image of the smoke plume after Challenger exploded midflight. Recipients were encouraged to "pursue freedom" by buying NRA-stamped mugs, denim jackets, and other trinkets.
(h/t Protest Easy Guns)