guns

Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami school for two years. Toy guns violate his school district’s zero-tolerance policy for weapons.

The district offered to place Sam in a correctional school; his parents opted to home-school him instead. His father told the local NBC affiliate, “I can’t sit here and allow them to send my kid to a school where students have committed actual crimes,” Burgos said. “He hasn’t committed a crime.”

Sam misses his friends. And he may have to repeat the second grade. All because common sense has gone missing from Broward County’s schools. That’s what makes the school board’s response especially galling:

The school board says it’s common sense to know that this kind of item can’t be allowed on school campus and that responsibility also falls on parents to know what their children have in their backpacks.

The Burgos family has suffered enough. Toy guns are not weapons. They are toys. The school board should exercise a bit of common sense and reinstate Sam immediately.

Guns and schools don’t mix. State and local jurisdictions have all kinds of gun-free school legislation. There’s even, redundantly, federal legislation.

So why is the Department of Education buying 27 shotguns?

David Michaels, a left-wing ideologue who supports junk science and seeks to restrict gun possession, has been approved by the Senate Health Committee to head the federal Occupational Safety and Health Administration (OSHA). Only two committee members, both Republicans, voted against Michaels.

The vote occurred with no discussion, and no hearing was even held on his nomination, although hearings have consistently been held on OSHA nominees in the past, even for far less controversial picks.

Lawyer and Second Amendment expert, David Kopel explains how Michaels wants to ban guns in and near workplaces, and could use his position at OSHA to do so, if the political climate shifts in favor of gun control. (Some businessmen in high-crime areas possess guns to protect themselves against armed robbers, and even strict local gun-control laws have generally contained exceptions to allow such businesses to defend themselves.)

The fact that such bans might undermine, rather than enhance, workplace safety would not deter Michaels, who would be happy to rely on junk science.   Michaels wants to reverse the Supreme Court’s Daubert decision limiting the use of junk science.

As the Washington Times noted, “Mr. Michaels also is an anti-gun zealot who has described ‘gun violence’ as an issue of ‘public health’ that ‘invariably demands more and stronger regulation, not less.’ As Walter Olson of the Manhattan Institute explained, by way of warning, on Aug. 15: ‘That’s by no means irrelevant to the agenda of an agency like OSHA, because once you start viewing private gun ownership as a public health menace, it begins to seem logical to use the powers of government to urge or even require employers to forbid workers from possessing guns on company premises, up to and including parking lots, ostensibly for the protection of co-workers. In addition, OSHA has authority to regulate the working conditions of various job categories associated with firearms use (security guards, hunting guides, etc.) and could in that capacity do much to bring grief to Second Amendment values.’”

As I noted in a New York Times story, Michaels’ appointment could “dramatically alter OSHA’s approach to ensuring workplace safety.” Michaels has been called “one the nation’s foremost proponents of allowing junk science to be used in jackpot-justice lawsuits.”

Many business groups raised concerns about his nomination and extreme views.

Iain Murray notes that Michaels seeks to ban useful products from the workplace based on imaginary risks. One newspaper calls Michaels “virulently anti-business.”

The lopsided committee vote in favor of Michaels is probably explained by log-rolling.  As The Wall Street Journal has noted, some Republican committee members likely voted along with their Democratic colleagues to approve Michaels, in exchange for Obama’s recent nomination of an aide to the ranking Republican committee member, to sit on the board of an independent agency that is supposed to be bipartisan (the NLRB), but which Obama could conceivably have made even more partisan and liberal than it is by nominating a liberal RINO rather than a GOP aide to that post (that might have invited a filibuster, but there are only 40 Republican Senators, and it takes 41 votes to successfully filibuster a nomination).

Intelligence officials knew that Nidal Hasan, the soldier who killed 13 people at Fort Hood, was trying to contract Al Qaeda.  (He once attended the same mosque as 9/11 terrorists.)

Although the killer’s extremist rantings were common knowledge, “a fear of appearing discriminatory . . . kept officers from filing a formal written complaint,” reports the Associated Press.  As a result, he escaped any disciplinary action or review of his fitness.

The Fort Hood shooter had previously said that Muslims should rise up against the military, “repeatedly expressed sympathy for suicide bombers,” was pleased by the terrorist murder of an army recruiter, and publicly called for the beheading or burning of non-Muslims, talking “about how if you’re a nonbeliever the Koran says you should have your head cut off, you should have oil poured down your throat, you should be set on fire.”  But thanks to a politically-correct double standard, nothing was done to remove him from a position where he could harm others.

The lesson of the Fort Hood shootings is that applying politically-correct double standards, rather than treating people equally, can be lethal.

In a desire to curry favor with the liberal Congress that funds it, the military has increasingly adopted politically-correct policies that abandon equal treatment, such as imposing racial preferences in admissions to the military academies in the name of “diversity.”  (In practice, “diversity” seems to mean “racial proportionality:” it is harder for Asians to be admitted to the academies than for whites and Hispanics, and harder for whites and Hispanics to be admitted than for African-Americans.  Such preferences are of dubious legality under Supreme Court precedent.)

In this climate of political correctness and double standards, it is understandable that officers were afraid to file complaints about Hasan, for fear that they would incur the wrath of the “diversity” police.  Even now, the Army Chief of Staff, General George Casey, seems mainly concerned that the shootings will undermine the army’s commitment to “diversity,” rather than being concerned about the double standard that spawned this tragedy.  He seems more concerned that “diversity” will become a “casualty” of such shootings than that his soldiers will.

President Obama’s initial response to the tragedy was embarrassing, even for some liberal journalists.  Obama’s initial remarks about the tragedy came buried in the middle of a speech laced with “wildly disconnected” ramblings about an unrelated topic, starting with a “joking shout-out.”  Even the liberal Boston Globe chided the president for a speech lacking in ”empathy” for the victims.

In an absurd display of political correctness, early media reports chose to harp on the false claim that the killer had PTSD (which he didn’t: he never even served overseas) or the unsupported claim that he had been subjected to harassment (support groups for Muslim soldiers say they have received no recent reports of a Muslim soldier being harassed “simply because he was Muslim”).  They also jumped to conclusions in denying (as Atlantic Magazine’s Max Fisher did) that the shooter’s motives had anything to do with his extreme religious beliefs or “any related political causes.”

In the aftermath of the shootings, some commentators have criticized a gun-control policy that disarms soldiers while on military bases to create “gun-free zones,” leaving them defenseless in the face of an attack.  The policy succeeded in disarming the killer’s victims, but not the killer himself.

Obama has nominated David Michaels, an anti-gun activist, to head the federal Occupational Safety and Health Administration (OSHA), a powerful agency that regulates real and perceived hazards in the workplace. This raises the specter of federal bans on the storage or carrying of firearms in or near workplaces (even though some businessmen in high-crime areas possess guns to protect themselves against armed robbers).

Michaels also has links to wealthy breast implant lawyers, who relied on junk science to drive silicone implants from the market, even though they remained available to consumers in most other Western countries because of their lack of major health risks. (The lawsuits over silicone also harmed patients who need life-saving silicone products like silicone shunts that had nothing to do with breast implants or cosmetic procedures, making them scarcer, less available, and more expensive).

Michaels wants to reverse the Supreme Court’s Daubert decision limiting the use of junk science.

If OSHA succeeds in restricting the storage or possession of guns in workplaces, it may take some time to undo even if a less liberal administration comes to power. For example, in March, a judge blocked a Bush Administration change allowing visitors to national parks to carry concealed weapons, claiming that it might have environmental impacts. A judge could rely on similarly conjectural reasoning to block revisions to OSHA regulations needed to repeal an OSHA ban on people storing their guns in the workplace.

Other Obama appointees, like attorney general Eric Holder, are also big supporters of gun control. (Holder has argued that the Second Amendment does not protect any individual right).

Many (but not all) state constitutions protect the right to possess a firearm. But liberal administrations often seek to use federal workplace laws to try to override rights protected by state constitutions or laws. For example, the Clinton Administration argued that a federal law called Title VII overrode California’s broad equal-protection guarantees, which forbade racial quotas and preferences in government contracting, college admissions, and public employment. This “preemption” argument was rejected by a federal appeals court in Coalition for Economic Equity v. Wilson (1997). (Ironically, liberal lawyers often oppose preemption when it expands individual freedom, like federal curbs on baseless state-court lawsuits. The Obama Administration opposes preemption when it would prevent trial lawyers from bringing lawsuits). By the way, discriminatory racial preferences are included in the health-care “reform” bills backed by the Obama Administration, drawing criticism from the U.S. Commission on Civil Rights.