Littwin: You can’t blame Columbine curse for a shotgun that may not have been legal after all

Photo by Matt Cooper via Flickr: Creative Commons

The truest lesson of Columbine returned in full force to Colorado, and it’s simply this: Columbine will never go away.

And then there’s the corollary. It never goes away, in part, because school shootings never go away.

And the further corollary, of course, is that school shootings never go away because gun violence never goes away, and, in America, we have decided that gun violence is just the price we have to pay for, uh, freedom — the exact opposite lesson taken, by the way, in Second-Amendment-free New Zealand.

We’re stuck in a spiral. And now some Columbine survivors, 20 years after the massacre, have school-age children of their own to whom they have had to explain why school was out for the day, why an armed Florida teenager kept nearly half a million students home, why school is not always a safe place for a child to be.

Columbine was not our fault. It survives in a certain kind of disturbed teen mythology, for any number of reasons. For many school shooters, from Sandy Hook to Virginia Tech, Columbine became an obsession. The Colorado Sun’s John Ingold wrote an all-too-prescient piece the other day about how the media were responsible, in large part, for the mythology, and how the mainstream media no longer have any control of the narrative.

And so, Columbine is Colorado’s curse. But we are not innocent. We are not at all innocent.

We can’t be innocent if it’s legal for a disturbed 18-year-old woman to fly here from Florida, with what authorities call an “infatuation” with all things Columbine, and head to a gun store near the school where, after passing a background check, she can leave with a pump-action shotgun and ammunition in hand.

The store owner, Josh Rayburn, had no clue Sol Pais could be dangerous to herself or others. But how could he if she had just passed a background check? That was all the information he had and all, he said, he needed. We don’t have a waiting-period law here in Colorado. We just passed a red-flag law, which, we’re promised by the gun-rights crowd, will result in recalls of swing-district Democrats who were brave enough to vote for it. 

But the red-flag law — which can temporarily remove guns from people if a judge rules they are a danger to themselves or others — wouldn’t have helped. According to what authorities tell us, the Miami FBI notified the Denver office about Pais’ threat to pull a Columbine — as it’s called — the day after she bought the gun.

You think a seven-day waiting period might have helped? How about a three-day?

I’m guessing that someone in the state legislature will be rethinking that question. The answer, to me at least, is pretty obvious. But that’s not where the story ends.

You see, despite what you may have heard, despite what the Colorado Gun Broker owner and authorities have said, the gun purchase apparently was not legal. Pais, who killed herself at the base of Mt. Evans with the shotgun she purchased, should not have had the gun. Colorado Public Radio’s Ben Markus broke the story, saying that a review of federal law suggested that the purchase may not have been legal, that in selling a gun to an out-of-state resident the seller must follow laws of the state where the gun shop is located as well as of the state where the buyer resides.

In Florida, where Pais resided, there is a three-day waiting period for a long gun. And in Florida, you must be at least 21 years old to purchase a long gun. 

I had a hard time running this down, with experts offering different opinions. I was unable to reach Rayburn, the gun store owner. I finally reached the Independence Institute’s Dave Kopel, a gun-rights advocate and Second Amendment expert. Here’s what Kopel messaged to me:

“Yes, that has been federal law since 1968, and revised in 1986. Non-residents can buy a long gun out of state, but in compliance with the laws of both states. Besides the 3-day wait, Fla. doesn’t allow under-21s to buy long guns. As has been mandated by Congress, ATF publishes a book of every state’s gun laws, for firearms dealers to use. Dealers who choose to sell to non-residents are responsible for knowing and complying with all of the buyer’s home state laws.”

It was the gun dealer’s responsibility to know the law in Florida. According to Kopel, the gun dealer has a book — or should — in which it’s all listed. If Pais, who had apparently called the store to see if she could purchase a long gun there, wasn’t sold the shotgun, she might be alive today and the gun scare that Colorado endured would never have happened.

The Columbine curse would still be the Columbine curse. It would still be the high school shooting that somehow still stands in for all school shootings, a suburban high school, as I wrote on the 10th anniversary, “different from most schools where shootings occurred, more like the high school of popular imagining, the high school of castes and jocks and nerds, where a shooting would spawn a popular-culture-gone-wrong mythology around the killers, even though much of what we thought we knew about them was wrong.”

And Colorado would still be in need of other gun laws, particularly a waiting-period law, which has been shown in some studies to reduce both homicides and suicides in the states that have the laws. No curse stops that from happening here. Only a lack of will.

11 COMMENTS

  1. I’m curious why everyone is reporting and re-reporting the idea that Sol killed herself. How about waiting for the coroner confirmation and autopsy report? Law enforcement/Government over-reaction and extrajudicial killing seems a more likely cause than a women flying all this way and randomly eating buckshot.

  2. OK rescind same day voter registration and impose a waiting period on Twinkie’s cheeseburger’s and big gulp’s for Michael Moore and we’ll negotiate from there.

  3. Buck, your childish comment only serves to reinforce the perception that folks in the red end of the political spectrum are less educated and incapable of reasonable discussion. Your refusal to use your real name shows you to be a miserable troll who’s ashamed of his opinions even as you vomit them onto your keyboard. I pity you

    • Yep more name calling from the left..It’s what you do Yes I’m a deplorable,but more imortantly a member of the 101st Airborne Viet Man 1969-70 Yoy? GFY

  4. We’re not stuck in a spiral. More like Groundhog Day. Each day that Wayne Lapierre wakes up and sees his shadow on K Street, we get two dozen more dead kids.

    School Shooting Season, like Thanksgiving, a uniquely American holiday.

  5. Imagine … a gun seller NOT knowing the details of the interaction of federal and state laws.
    Is there a penalty for violating the federal law? Suspension of license, at least?

  6. Has anyone ever done an anaylsis of the culture and home life of these young shooters. Just maybe there is a corelation between their upbringing and their mental state. It seems many of these shooters have certain “issues” and take medications to alleviate their problems. They should be involved in consulling and never allowed to be around firearms at all. They seem to come from disfunctional families and are for the most part troubled yet we continue to main-sream them for their “sel-esteem”.

  7. Gun store owner may be legally liable. Time will tell. But I’d give him some clemency if he’s guilty. He’s in a business and maybe a culture where people say all the time that any measures to regulate access to guns are illegitimate. Maybe he’s just taken that message to heart.

  8. The sale was legal Please read Florida statute 790.065 in it’s entirity. Littwin censored my post last night. It may not be what you want to hear but it is the truth. They are often different thing’s aren’t they?

  9. You may have missed the entire point here. The gun store owner did check with the CBI, and the sale was cleared. It is my understanding that the sale was approved because the CBI had not kept their records up to date.
    It was the fault of the CBI.
    Have you checked this?
    I have not been able to follow up on it. Who would I ask?
    But that is my understanding of that sad failure and unnecessary loss of life.
    Randy Brown

  10. What good are gun laws if the CBI, the government agency who runs them, fails to do its job?
    Their failure to inform the gun store owner correctly led to this tragedy.

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