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Brady’s Bias Against Florida Concealed Carry Licensees

In May of 2007, the Brady Campaign to Prevent Gun Violence published a report entitled No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools. Brady’s report contains an appendix of stories, entitled “Assorted Crimes and Misdeeds by Licensees”, where Concealed Weapons licensees (CWLs) allegedly broke the law. A past article covered two cases––one from Florida––where defenders were initially charged with murder and then were determined to have shot in self-defense, but Brady insinuated both cases were murder.¹

Brady paid special attention to Florida, beginning their appendix by citing a series of articles in the South Florida Sun-Sentinel, published on between January 28 and June 6, 2007. Brady wrote:

Over and over again, the gun lobby claims that CCW permit holders are all law-abiding members of society, and that carrying concealed firearms will make the public safer. But when a Florida newspaper recently discovered that over 1,400 Florida CCW permit holders were “responsible for assaults, burglaries, sexual battery, drug possession, child molestation – even homicide,” that was almost 10 times as many as the 158 that the State had reported beforehand. As the following examples show, holding a concealed-carry gun permit in no way guarantees public safety. In fact, often it can be a license to kill.²

As part of the Sun-Sentinel report, in an article dated January 30, 2007––about three months before Brady published No Gun Left Behind––the newspaper’s authors wrote:

Overall, the state has issued more than 1.2 million concealed weapon licenses since 1987. The Licensing Division reports that since then it has revoked the licenses of 3,107 who committed crimes after being licensed. [Emphasis added]

Of those, 158 used firearms in the incidents, according to the latest available statistics.³

The Florida Department of Agriculture and Consumer Services reported that as of the end of 2006, there were 3,151 revocations because the licensee committed a crime after licensure.⁴ This counters Brady’s claim that the State of Florida reported only 158 licensees who committed crimes.

As for Brady’s contention that “the gun lobby claims that CCW permit holders are all law-abiding”, the same Sun-Sentinel article noted that the National Rifle Association does not make such a claim:

Last year, when the number was still at 157, the National Rifle Association on its Web site boasted that concealed weapon licensees “are more law-abiding than the rest of the public. Florida’s experience is illustrative. ... To date, Florida has issued 1,136,496 permits, and revoked 157 (0.014%) due to gun crimes by permit holders.”⁵ [Emphasis added]

Brady Case Studies

Based upon the Sun-Sentinel investigation, Brady’s first subject was Lyglenson Lemorin, who was accused of terrorism. Citing a Miami Herald article from August 6, 2006, Brady wrote:

LYGLENSON LEMORIN, AGE 32: Now an accused terrorist alleged to have ties to al-Qaeda, Lemorin retained his CCW license after two domestic violence arrests in 1997 and 1998. The first time he allegedly threw a beer bottle at his girlfriend’s neck. The second time he allegedly punched a pregnant former girlfriend, flashed his gun and warned her, “I’ll kill you.” His CCW license was suspended in February 2000 for carrying a weapon with a restraining order against him, but was actually reinstated a month later. It was finally suspended again in 2006 when Lemorin was arrested under suspicion of a terrorist plot. Lemorin was indicted with six other defendants in a terrorist plot to destroy the Sears Tower in Chicago. An acquaintance of Lemorin used Lemorin’s Hi-Point 9mm to shoot at a third party.⁶

However, the Associated Press reported that Lemorin was acquitted of these charges.⁷ A Miami Herald reporter interviewed Lemorin’s wife and wrote about an ex-girlfriend with whom he fathered two children, and wrote about his life history. There was no mention of domestic violence or restraining orders.⁸

What is most curious is that Brady references an article published by the Miami Herald, entitled “Terrorism Suspect’s Commitment Waned”, as their source for the above paragraph in their appendix.⁹

This article remains in the Herald archives, and nowhere does it mention any alleged 2000 license suspension, restraining order or domestic violence. It does mention that Lemorin’s acquaintance used Lemorin’s handgun to shoot at another associate. However, Lemorin told the FBI that he had forgotten the gun at a warehouse, and that he had relocated to Atlanta at the time of the shooting incident and “had rental car papers to prove it.”¹⁰

The only other incident from 2006 reported by Brady cites one “Kostja Roy”, who was arrested for impersonating a police officer.¹¹ CBS reports the man’s name to be Roy Kostja.¹²

Brady reported two crimes committed in 2005:

Sunrise, Florida, August 5, 2005. Anthony Diotaiuto, a suspected drug dealer, was shot to death in a confrontation with the SWAT team assigned to arrest him.

Ocala, Florida, January 12, 2005. Steven Ekberg was arrested for carrying a weapon into a bar, a violation of Florida law, as well as cocaine possession. Ekberg was also under suspicion for possession of ricin, a lethal biological agent.¹³

Both men were at home at the time of arrest, neither was threatening anybody with violence, nor was either even charged with a violent crime.¹⁴ The local NBC affiliate reported that “State and federal agents said they do not think the man [Ekberg] is part of any known terrorist network…”¹⁵ Yes, these are crimes that neither CWL should have been involved in, but when anti-gun groups discuss licensees committing crimes “with” their gun, they want the reader to believe that the licensee is committing violence against another, and this is rarely the case, as will be discussed later in great detail.

Brady reports a murder/suicide from 2004:

Greenacres, Florida, January 13, 2004. It was reported that James Anthony Settembre, a vocal gun advocate, shot his wife Debra twice, and then shot himself in the head.¹⁶ [Emphasis added]

The Associated Press wrote this about the case:

The couple, who lived in South Florida for 20 years, had written several letters to newspaper editors and columnists in defense of private gun ownership. [Emphasis added]

“Placing the blame on manufacturers of a legal product, a product that, when used in lawful self-defense, may save a life, is another way to shift the blame and reduce responsibility for criminal behavior,” James Settembre, who according to state records had an active concealed-weapon permit, wrote in a March 1999 letter to The Palm Beach Post.¹⁷

It is curious why Brady claimed that such a statement made Settembre a “vocal gun advocate”. His editorial was not a defense of private gun ownership, but an appeal for tort reform and to recognize personal responsibility for criminal acts. He wrote years before Congress passed the Protection of Lawful Commerce in Arms Act in 2005, which banned civil liability suits filed due to injuries and damages resulting from strictly criminal abuse, and specifically stated that litigation could proceed where:

• damages have resulted from unlawful firearms transfers;

• an action is brought against a seller for negligence;

• a manufacturer or retailer knowingly violated a State or Federal statute applicable to the sale or marketing of the product;

• there is breach of contract or warranty;

• death, physical injuries or property damage resulted directly from a defect in design or manufacture of the product, except where a criminal offense was determined to be the cause.¹⁸

Both the U.S. Chamber of Commerce and National Association of Manufacturers supported the Act because of the economically disastrous legal ramifications behind such tort cases, not because they might support gun rights.

In a letter to Congress, R. Bruce Josten, Executive Vice President of Government Affairs for the Chamber, said:

The U.S. Chamber is greatly concerned about the growing trend of litigation being filed against entire legal industries with the goal of either raising government revenue or achieving policy goals outside the constraints of the political process. This dangerous trend began in the state lawsuits against the tobacco industry to recover Medicaid funds and, as the Chamber predicted, has now spread to other industries – including the firearm industry.¹⁹

John Engler, President and CEO of The National Association of Manufacturers, had this to say in his letter to the House of Representatives:

The NAM normally does not take a position on industry-specific legislation, and it does not have a position on the desirability of laws and regulations limiting or expanding the use of firearms. The NAM is concerned, however, about “regulation through litigation,” whereby courts are misused to impose public policy objectives that are best left to the legislative and executive branches working in a transparent, democratic process.²⁰

The law was designed, as the name says, to protect firearms commerce, not necessarily private gun ownership. Both organizations understand that using the courts to create policy is not democratic, and also creates a greater potential for future litigation where other lawfully and properly manufactured products are blamed for injuries sustained due to improper use.

In the legal field, part of how new cases are decided is based upon “case law,” what the Law Encyclopedia defines as: “Law established by previous decisions of appellate courts, particularly the United States Supreme Court.”²¹ Thus, any judgments that are accepted by a higher court can be compelling reasons to find for plaintiffs in future cases, regardless of product or manufacturer.

Returning to Brady’s “Crimes and Misdeeds” appendix, Brady noted one murder/suicide in 2003:

Davie, Florida, April 30, 2003. Michael Pecora walked into his business partner’s office, sat down and shot him twice in the head. He then shot himself.²²

The Associated Press wrote that Pecora’s business partner was “shot twice in the chest” before Pecora shot himself “shot himself in the mouth”.²³

As far as other major FBI crimes, Brady notes only one robbery:

Miami Beach, Florida, February 18, 2004. Deborah Cubides, wife of a Miami Beach police officer, held up the Pembroke Pines bank, apparently to get enough money to keep her family’s house from foreclosure proceedings. Cubides said she used a gun during the robbery, but police never recovered one.²⁴

The Associated Press reported that Cubides pleaded guilty to “a robbery charge and a count of threatening to set off an explosive device” and that she handed the bank teller a note saying “there is a sniper watching you and a bomb that will be detinated (sic) if anything goes wrong.” The Associated Press made no mention that she claimed to be using a gun during the robbery.²⁵

Conclusion

Brady Campaign’s report is riddled with inaccuracies, reporting actions that never occurred and implying that CWLs committed violent crimes. It’s questionable whether the irresponsible use of power of the press to spread untruths about millions of law-abiding citizens is a viable policy for an organization that claims to have the safety of American public at heart.

About the Author

Howard Nemerov is a columnist for Texas State Rifle Association’s TSRA Sportsman and “unofficial” investigative analyst for NRA News. He can be reached at HNemerov [at sign] Netvista.net.

Endnotes

Howard Nemerov, Brady Anti-CCW Campaign Continues, The American Daily, November 11, 2007. http://americandaily.com/article/20782

² Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 22. (downloaded December 31, 2007) http://www.bradycenter.org/xshare/pdf/reports/no-gun-left-behind.pdf

³ Megan O’Matz and John Maines, Records put gun statistics in doubt, South Florida Sun-Sentinel, January 30, 2007. http://www.sun-sentinel.com/news/local/florida/sfl-gunonefiftyeight30jan30,0,7462330.story?coll=sofla_news_local_florida_xpromo

⁴ Concealed Weapon/Firearm Summary Report, October 1, 1987 - January 31, 2007, Florida Department of Agriculture and Consumer Services. http://licgweb.doacs.state.fl.us/stats/cw_monthly.html (Data posted through 12/31/06)

⁵ Megan O’Matz and John Maines, Records put gun statistics in doubt, South Florida Sun-Sentinel, January 30, 2007.

⁶ Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 22.

⁷ Curt Anderson (Associated Press), Sear Tower Bomb Plot Case Falls Apart, AOL News, December 14, 2007. http://news.aol.com/story/_a/sears-tower-bomb-plot-case-falls-apart/20071214080009990001

⁸ Jay Weaver, Liberty City 7 ex-defendant in ‘nightmare’, Miami Herald, December 21, 2007. http://www.miamiherald.com/top_stories/story/352667.html

⁹ See footnote at bottom of page 22 in No Gun Left Behind.

¹⁰ Jay Weaver et al, Terrorism Suspects Commitment Waned, Miami Herald, August 8, 2006. Downloaded from Miami Herald archive December 29, 2007.

¹¹ Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 23.

¹² Suspected Impersonator Arrested by Police, CBS4, June 30, 2006. http://cbs4.com/local/Miami.News.Roy.2.397944.html

¹³ Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 24.

¹⁴ Brian Haas and Kevin Smith, Friends Want Answers in Fatal SWAT Shooting, Police Say They Found 2 Ounces of Marijuana in Dead Man’s Home, Sun-Sentinel, August 10, 2005. Downloaded December 20, 2007 from Sun-Sentinel archive.

Federal Bureau of Investigation, Ocala Man Arrested on Biological Weapons Charges, U.S. Department of Justice, January 13, 2005. http://jacksonville.fbi.gov/pressrel/2005/jkekberg011305.htm

¹⁵ Ocala Man Charged With Possessing Deadly Toxin, WESH, January 13, 2007. http://www.wesh.com/news/4080808/detail.html

¹⁶ Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 25.

¹⁷ Associated Press, Police believe Greenacres couple died in murder-suicide, Florida Times-Union, January 12, 2004. http://www.jacksonville.com/apnews/stories/011204/D8014HH00.shtml

¹⁸ Protection of Lawful Commerce in Arms Act, Senate Bill 397, 109^th Congress, 1^st Session, February 17, 2005. http://thomas.loc.gov/cgi-bin/query/query

¹⁹ U.S. Chamber of Commerce Letter to Congress, R. Bruce Josten, July 22, 2005. http://www.hsshf.org/share/PLCAA/072205_b.pdf

²⁰ Letter to Full House, John Engler, National Association of Manufacturers, October 17, 2005. http://www.nam.org/s_nam/bin.asp?TrackID=&SID=1&DID=235464&CID=202203&VID=2

²¹ The Law Encyclopedia: Case Law. http://www.thelawencyclopedia.com/term/case_law

²² Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 26.

²³ Rachel La Corte (Associated Press), Democratic fund-raiser, caterer, die in apparent murder-suicide, Florida Times-Union, April 30, 2003. http://www.jacksonville.com/apnews/stories/043003/D7QO2UV80.html

²⁴ Legal Action Project, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, Brady Campaign to Prevent Gun Violence, May 2007, page 25.

²⁵ Associated Press, Miami Beach officer’s wife faces prison in Broward bank robbery, Florida Times-Union, February 18, 2007. http://www.jacksonville.com/apnews/stories/021805/D88AQCE81.shtml

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