Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Gun violence

Repeal No. 2

Marjory Stoneman Douglas High School Protest, Parkland, Florida 2018

The news this week is the same news we heard last week. The same insane incessant scourge of gun violence overwhelms us. The same “thoughts and prayers” that were issued by legislators around the country last week are re-issued this week. To a different family. To a different grieving community. To the same shocked nation.

Someone asked me after reading “Every 16 Hours” last week, what is the call to action? The call to action is simple: Repeal the Second Amendment. Repeal No. 2. The Second Amendment is the hard rock that supports every argument that we should continue to allow people to be killed with guns.

The Second Amendment was added to the Constitution as a compromise to protect the slave patrols in the South. The Founders knew the militias were necessary to keep slaves under control. Just like we abolished slavery, we need to abolish the Second Amendment. It is a vestige of our history, just like Jim Crow and mass incarceration, that is still killing us.

The Second Amendment Is Killing Us

This week, two teenagers opened fire at a high school in Colorado. They killed Kendrick Castillo, 18, and wounded eight other students. A gunman killed Riley Howell, 21, inside a University of North Carolina-Charlotte lecture room. Two people were killed and four others were injured in the attack.  The national news is abuzz with tributes to these two young men for bravery. The media sensationalizes their lives and murders.

Less sensational but just as deadly are the events here at home in the Bay Area. In Oakland, on Friday night, someone shot and killed 30-year old Tristan Carson, a clothing designer and event promoter at the intersection of East 12th Street and 23rd Avenue. No suspects, no motive. Just another young life lost to gun violence.

On Tuesday morning, a gunman shot and killed a 47-year-old man in Pittsburg as he stood outside his car. The shooting was the City of Pittsburg’s 8th homicide in 9 months, and the 5th in less than 6 weeks.

Today, May 9th, in San Ramon, police and FBI descended upon California High School to investigate threats of a gun attack. Someone scrawled three graffiti messages threatening to shoot up the school on May 9th. Two of the messages included racist slurs about Black people.

In Oakland, 4-year-old Na’Vaun Jackson is still recovering.

Na’Vaun accidentally shot himself in the head when he found a gun in the house. He survived but his family and the entire neighborhood was traumatized. There is a GOFUNDME page to help the family survive the financial devastation of this tragedy. The man who left the gun in the house has been arrested and will likely go to jail.

It Is Time to Repeal No. 2

What do all of these events have in common? Guns. Across this country, guns are everywhere. Despite our efforts to regulate and control access to guns, the situation has gotten completely out of hand. Increased criminal penalties and harsh sentences have had no impact whatsoever on the access to guns or the number of people killed by guns. Legal or illegal, guns kill, wound and maim too many people every day.

It is long past time to repeal the Second Amendment. That will remove the legal justifications that have thwarted every gun control measure ever proposed. We have the highest gun ownership per capita rate in the world. A March 2016 study in the American Journal of Medicine found that 90% of all women, 91% of children under 14 , 92% of youth aged 15 to 24 years, and 82% of all people killed by firearms in the world were in the United States.

The United States stands alone in its allegiance to gun violence. In 2010, the number of gun homicides in the U.S. was at least 9,960. The Centers for Disease Control reported 11,078 firearm-related homicides that year. In comparison, there were only:

173 in Canada

155 in the United Kingdom

158 in Germany

142 in France

30 in Sweden; and

11 in Japan.

How Do We Repeal No. 2?

The devastation to our country because of the Second Amendment should compel us to take bold action to address our national crisis. It will not be easy – it may not be quick. Going through Congress requires a 2/3 majority in both the House and the Senate and approval by 38 states. Bypassing Congress means we need 34 states to call for a Constitutional Convention to pass the repeal legislation and then 38 states to approve it.

The last time a Constitutional Amendment was repealed was in 1933. It took legislators less than a year to repeal the 18th Amendment which prohibited the manufacture and sale of alcohol. It was a national conversation that led to the repeal of the 18th Amendment.

In this moment, we are having a national conversation about gun violence and gun control. In the words of retired Supreme Court Justice John Paul Stevens, the simple but dramatic action of repealing the Second Amendment will move us closer to stopping gun violence than any other possible reform.

To support the movement to repeal No. 2, sign a petition at MoveOn, find and support a youth group in your community that is committed to getting this done. In this season, young people are on fire to stop the violence and they should not listen to anyone who tells them it can’t be done. The future of this country is in their hands.

In the immortal and wise words of Nelson Mandela, “It always seems impossible, until it is done.” Let’s get this done as soon as possible. #RepealNo2.

Tragedy In My City

Tragedy In My City

I’m flying home from a conference and a brief visit with Mom. My mind is focused on renewing the Call to Action for a fair investigation of Bay Area police sex trafficking. My heart is focused on the City that I love. The City by the Bay that is the real heart of the Bay – Oakland.

ABCNews.com

Credit: ABCNews.com

We receive the first reports of a major fire late Friday night. Over the weekend, the horror grows. More than a 100 people trapped in a huge fire. It’s unbelievable. Our whole city is traumatized.

 

People begin to mark themselves “safe” on Facebook. Even though I am a thousand miles away, I feel compelled to mark myself “safe” as well. We are all beating as one heart. Across our city, we share the victims’ heartache. Our shock is amplified by the reports of young lives with so much promise for the future now gone.

We have all experienced tragedy at some point in our lives. Life is about challenges and overcoming challenges. Sometimes the challenge comes in the form of tragic death. Oakland is no stranger to tragic death. As we reel from the tragedy of the worst fire in our history, let us acknowledge that most of our community lives in a constant state of trauma. In 2016, we were all victims of 75 reported murders across our City.

Preventable Violence In 2016

Most of the 75 people murdered in Oakland in 2016 died by gun violence. Gun battles in the midst of a crowd of people happen way too often. Some people were stabbed and beaten like Karla Ramirez-Segoviano. Some, like Reggina Jefferies, were innocent bystanders killed in unexpected places or circumstances. Jefferies was at a vigil gathering for two teenager friends who drowned. She went to the vigil after doing a praise and worship dance in her church.

Reggina’s murder in the middle of the day in downtown Oakland was as shocking as the murder of Antonio Ramos in September 2015.  He was shot while painting on a community mural under the highway.

“Grief-stricken” families in Oakland are commonplace.  Street memorials of candles, flowers and pictures have become “normal.”  I know I am not the only one that becomes completely distraught when I accidentally walk upon a street memorial. I know that the young people in our City are not the only ones traumatized when they bury someone who died way too young. As we live and work in the midst of out-of-control violence, we are all living in trauma.

City Council President Lynette McElhaney recently called for the creation of an Office of Violence Prevention.  She cited the tragedy of young people, both victims and witnesses, who experience an unacceptable level of violence in our City. She is no stranger to the tragedy of gun violence in Oakland.  She lost her grandson to what she describes as “a preventable disease in our community.

As We End 2016 In Mourning

As we mourn the 36 young people who died in a tragic fire, let us also mourn the 75 people whose murder this year is equally as tragic for us, their families and those who loved them. Those who died in Oakland in tragedy this year need all of us to carry on – to live on – to love more and do more to repair our City. Let us remember that none of us is promised tomorrow. Yes, there is tragedy in death. But there is still joy in life.

Each of us – the living – have the opportunity – indeed the responsibility – to shine TODAY.  To love TODAY. To speak up TODAY. Remember that “life is not a dress rehearsal.” We must tell young people that if you are in school, don’t drop out and think you are coming back later. If you are in a gang, get out now. If you are in politics, don’t “wait your turn.” If you have a vision for your future, begin it now.

And don’t get stuck in grief. Time alone does not heal all wounds. Don’t try to bury your feelings or “be strong.” Get the help you need to heal. Look for therapists who are offering healing services throughout our City. Many therapists are volunteering grief recovery services in the wake of the fire. If you are able to help in our recovery from the Fire, reach out to the Gray Area Foundation for the Arts.

In Oakland, as we close out 2016, I hope this holiday season will be a season of healing and love for all of us. As we enter 2017, let’s make it the year that we cure the disease of preventable violence and death in Oakland.

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