Backfire: IL State Rifle Assoc plays race card & equates being Black or Hispanic to gangbanging

[wndycty]

Cross posted at: http://blog.windycitywatch.com/2010/03/backfire-illinois-state-rifle.html

Backfire: Illinois State Rifle Association plays race card and equates being Black or Hispanic to being a gang member

In an attempt to fight House Bill 6123, which would prohibit the sale of firearms to gang members in Illinois, the Illinois State Rifle Association (ISRA) played the race card by saying that the bill will discriminate against law-abiding African Americans and Hispanics.

From an ISRA press release:
Press Release - Bill That Would Effectively Prohibit African Americans and Hispanics From Buying Guns Advances in the Illinois General Assembly

Law-abiding African Americans and Hispanics would take it on the chin under a bill now moving through the Illinois General Assembly. Sponsored by Rep. Harry Osterman (D-14), HB6123 would prohibit any person or entity from selling a firearm to a so-called “street gang member.”
You heard right, because the bill would ban the sale of firearms to gang members the IRSA says it is discriminatory against African Americans and Hispanics. Meaning the ISRA views most law abiding Black and Brown people as gangbangers or at least looking like them.

In an ironic twist the ISRA's executive director goes ont to claim that the bill as promoting racial profiling.

"HB6123 promotes racial profiling at its worst," commented ISRA Executive Director, Richard Pearson. "Popular culture has branded urban minorities with the 'gangsta' stereotype that is pervasive well beyond the confines of actual criminal enterprises."
Oh brother, what Pearson fails to acknowledge is that by stating that this legislation is discriminatory against Blacks and Hispanics he and the ISRA, not the legislation nor the lawmakers who introduced and supported it, are the ones engaging in racial profiling.

I'm Black, have tons of Black and Hispanic friends and acquantances, and very few of them look anything like gangbangers.

Sure a significant number of people of color, as well as quite a few white folks I have encountered, dress in a manner fitting a "'gangsta' stereotype" (those ISRA guys sure know their street slang), however the law specifically identified what constitutes a gang member and none of those guidelines have anything to do with race or attire. It is the ISRA that has introduced race.

Gun rights groups traditionally identify with those on the right, who often accuse lefties and people of color like me of playing the "race card." In this instance it is ISRA who is employing the "race card" either out of ignorance or as a cynical attempt to mock legitimate claims of racism.

Let's hope that the ISRA gets significant pushback on this offensive effort to play the "race card." At the end of the day ISRA doesn't care about African Americans and Hispanics or our civil rights, they just care about getting more guns out on the street.

HatTip CapFax

[NJmaverick]

1. Yeah those tea baggers in NJ are trying to get rid of that gang banger Sen Menendez

:sarcasm:

[damntexdem]

2. What else should we expect from a NRA affiliate.

Multifaceted attempts to destroy American society -- that's the NRA agenda.

[monmouth]

3. The KKK is a well-known gang/cult. Will they sell to them?...n/t

[ORDagnabbit]

4. its less about skin color and more about socio-economic positions...generally the lower on the scale

of socio economics the higher the crime rate.

sadly in this country the vast majority of the people who are in the lower socio-economic position are of the darker skin color due to 300+ years of horrible governance.

The ISRA is probably basing their positions off of statistics like this

The homicide rate among black men aged 15 to 24 rose by 66 percent from 1984 to 1987, according to the Centers for Disease Control. Ninety-five percent of this increase was due to firearm-related murders.
FBI Uniform Crime Reports 1994

and

Official Department of Justice statistics show that black people committed 52.2% of murders for the year 2005 (the most recent statistics available at this time) despite being only 12.1% of the population. Whites (which under US law, includes Latinos), who represent 74.7% of Americans, committed 45.8% of murders. http://bjs.ojp.usdoj.gov/

[wndycty]

5. Tuesday evening kick

:kick:

[aikoaiko]

6. I think the blogger you quote may be underestimating the effect of institutional racism

Certainly the ISRA was very clumsy in how they said it, but they may be correct that such a law may unfairly impact African-American and Hispanic residents more than white residents.

How so? It is well known that African-Americans and Hispanics suffer from poverty more than white Americans. This places African-American and Hispanic youth are greater risk than white Americans for many things including gang membership.

This site (http://people.howstuffworks.com/street-gang.htm) cites a National Center for Juvenile Justice report that "estimated that 49 percent of gang members were Hispanic, 37 percent were black, 8 percent white, 5 percent Asian and 1 percent had another ethnicity."

Given those estimates and the propensity for a lot of people to conflate hip-hop culture with gang associations, it easy to see how people might make the mistake of assuming gang association with African-Americans and Hispanics even no such association exists for an individual.

How does the proposed Illinois law determine gang membership....

http://ilga.gov/legislation/fulltext.asp?DocName=&SessionId=76&GA=96&DocTypeId=HB&DocNum=6123&GAID=10&LegID=52103&SpecSess=&Session=

8 (A) A person commits the offense of unlawful sale of
9 firearms when he or she knowingly does any of the following:
.
.
.
7 (l) Knowingly sells or gives any firearm to any person
8 who is a street gang member. For purposes to this paragraph
9 (l): "street gang member" has the meaning ascribed to the
10 term "street gang member" in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.

So what does the Illinois Streetgang Terrorism Omnibus Prevention Act mean by " street gang member"?

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2052&ChapAct=740%26nbsp%3BILCS%26nbsp%3B147%2F&ChapterID=57&ChapterName=CIVIL+LIABILITIES&ActName=Illinois+Streetgang+Terrorism+Omnibus+Prevention+Act.

"Streetgang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.

For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or conjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy's existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act.

"Streetgang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang‑related criminal activity, whether in a preparatory, executory, or cover‑up phase of any activity, or who knowingly performs, aids, or abets any such activity.

"Streetgang related" or "gang‑related" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy‑making person or authority, or by any agent, representative, or deputy of any such officer, person, or authority:
(1) with the intent to increase the gang's size, membership, prestige, dominance, or control in any geographical area; or
(2) with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson‑for‑hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity, or pornography; or that involves robbery, burglary, or theft; or
(3) with the intent to exact revenge or retribution for the gang or any member of the gang; or
(4) with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or
(5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence, or membership.

The part I highlighted potentially makes the definition of the "street gang member" very broad. In this way, the law could institutionally discriminate against African-Americans and Hispanics at higher rates compared to white Americans.

There are ways to keep legitimate gun dealers from selling guns to gang members engaged in criminal activities -- put the gang members in jail with due process.

Associations with people shouldn't be enough to lose your 2nd Amendment rights.

Maybe I'm wrong about this, but these types of laws can easily impact the poor more than the middle-class or rich.

[wndycty]

7. Its not a blogger its the head of the Illinois State Rifle Association

:kick:

[aikoaiko]

9. I'm talking about the person who posted their criticism of the ISRA on your blog (JVM?)

The blog post is attributed to JVM.

"Posted by JVM"

If I understand who wrote what, JVM is the person who is criticizing the ISRA's introduction of race when discussing the proposed law.

I'm saying that that criticism is missing the potential institutional racism in the proposed law.

[wndycty]

10. That blogger is me. . .

. . .and as an African American from Illinois who works in politics, serving as a campaign manager for one African American State Rep. and as a strategist for others I see know racism in the law.

[aikoaiko]

11. Ok, if you don't mind me asking...

...do you not think that this law has the potential to disproportionately deny African-American and Hispanic residents access to firearms?

[wndycty]

12. No I don't and I defy you to demonstrate why you think it does. . .

. . .the only way for you to believe so is to believe that the majority of us look like and or are gang bangers.

So my question to you is this.

Do you think that the majority the of African Americans and Hispanics look like or are gang bangers?

[aikoaiko]

14. You are setting up a straw man. I did not say or imply that a majority of ..

... African Americans or Hispanics look like and or are gang bangers. Nor it is necessary to assume so to say that African-Americans and Hispanics will be disproportionately affected by this proposed law.

As I mentioned in my original response to your post: a National Center for Juvenile Justice report that "estimated that 49 percent of gang members were Hispanic, 37 percent were black, 8 percent white, 5 percent Asian and 1 percent had another ethnicity." Mostly, this is caused by poverty disproportionately affecting Africans Americans and Hispanics in our country. While reasonable people can quibble over the specific estimates, I think those estimates are on track.

So even if Federal Firearm Licensed dealers accurately identify every person who walks in as a gang member or not, African-Americans and Hispanics WILL disproportionately be denied firearm ownership even if they have not otherwise been prohibited from owning a firearms through adjudication and due process. Gang members who already have a proven history of violent crime are already prohibited from buying firearms through a FFL dealer.

In addition, I think that many people conflate hip-hop culture with gang culture and this too shall lead to African-Americans and Hispanics being denied firearm ownership. This is not the same thing as saying a majority of African Americans or Hispanics look like and or are gang bangers.

So if you wish to stick to the strawman argument that "the only way for you to believe is to believe that the majority of us look like and or are gang bangers" then go ahead, but that's not my argument.

I have defied you. ;)

[wndycty]

15. African America and Hispanic GANG BANGERS are GANG BANGERS. . .

. . .and why should be offended if they are prohibited from buying guns? Seriously.

The fact that 49 percent of gang bangers are Hispanic, 37 percent are Black, 5 percent white, etc. doesn't trouble me.

Lets do what we need to do to keep the guns out of the bad guys hands.

You quoted the ethnic/racial breakdown of gang members, but what you didn't do was quote the actual percentages of people who belong to each ethnic/racial group who belong to gangs.

49% of Hispanics ARE NOT GANG MEMBERS & 37% of African Americans ARE NOT GANG MEMBERS

Seriously, this law is not discriminatory against people of color. . .you wrong buy into that assertion because you believe that why people of color disproportionately make up large a percentage of gang members, THE MAJORITY OF US ARE NOT GANG MEMBERS.

[aikoaiko]

16. you should be offended if they are prohibited from buying guns...

...simply because of an association. If they are criminals then convict them and place them the NICS list of prohibited persons. You wrote, "Lets do what we need to do to keep the guns out of the bad guys hands" and I agree but use due process.

Simple association (which meets the requirement of a Illinois street gang member by law) should not enough to deny 2nd Amendment rights any more than it should deny people the right to vote or express their political views (or any other civil right).

Of course, "49% of Hispanics ARE NOT GANG MEMBERS & 37% of African Americans ARE NOT GANG MEMBERS". No one said they were. You are skilled at creating false arguments which to argue over. My point was that African-Americans and Hispanics are overrepresented in gang associations. Associations should never be enough to deny civil rights (and especially not without due process).

It is not necessary for a majority of African-Americans or Hispanics to be gang-members or look like gang members in order for this law to disproportionately affect otherwise nonprohibited folks from being denied firearm ownership.

Chicago has a long history of denying 2nd Amendment rights to even law abiding citizens with no gang associations at all so it probably shouldn't surprise me that this proposed law exists.

[Name removed]

17. Deleted message

Message removed by moderator. Click here to review the message board rules.

[aikoaiko]

18. Its ok, I understand that you're willing to sacrifice civil rights in the name of security.

I look forward to when the Supreme Court strikes down your unconstitutional gun bans.

[wndycty]

19. And I'm sure you can care less about the lives lost as well. . .

. . .

[aikoaiko]

20. I reedited this one in an attempt to more conciliatory.

I get it. Folks are desperate to address violence with guns. You may be well intentioned, but the broad inclusive labeling of street gang member will likely differentially affect African-American and Hispanic residents of Illinois.

I urge you to use due process procedures (like convicting gang members for felonies) as the better way to prevent them from acquiring firearms through FFL dealers.

[wndycty]

21. I support the 2nd Amendment however I have no respect for those who put their 2nd Amendment rights

. . .in front of a community's need for public safety.

While the gun rights crowd does have some minority representation I'm less than impressed by a predominately white group of folks not caring that people of color are disproportionately killed by guns.

Gun rights folks could care less that people of color die at the hands of guns, so the gun rights crowd has no credibility when it comes to being concerned about the civil rights of people of color and their access to guns.

[aikoaiko]

23. I'm not so sure your proposed gun law will achieve any measure of actual public safety,

but carry on.

Credibility is one of those things that's earned. We'll see how this all pans out.

You can have the last word if you want it.

[aikoaiko]

8. whoops wrong spot

deleted

[deaniac21]

13. Chicago......gangs....this has no historical precedent.

[xultar]

22. Emenim and Vanilla Ice. I rest my fucking case.