[Senate Hearing 117-804]
[From the U.S. Government Publishing Office]
S. Hrg. 117-804
STOP GUN VIOLENCE: SAFE STORAGE
=======================================================================
HEARING
before the
SUBCOMMITTEE ON THE CONSTITUTION
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
MAY 25, 2021
__________
Serial No. J-117-20
__________
Printed for the use of the Committee on the Judiciary
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
www.judiciary.senate.gov
www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
54-441 WASHINGTON : 2026
COMMITTEE ON THE JUDICIARY
RICHARD J. DURBIN, Illinois, Chair
PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa, Ranking
DIANNE FEINSTEIN, California Member
SHELDON WHITEHOUSE, Rhode Island LINDSEY O. GRAHAM, South Carolina
AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas
CHRISTOPHER A. COONS, Delaware MICHAEL S. LEE, Utah
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
MAZIE K. HIRONO, Hawaii BEN SASSE, Nebraska
CORY A. BOOKER, New Jersey JOSH HAWLEY, Missouri
ALEX PADILLA, California TOM COTTON, Arkansas
JON OSSOFF, Georgia JOHN KENNEDY, Louisiana
THOM TILLIS, North Carolina
MARSHA BLACKBURN, Tennessee
Joseph Zogby, Democratic Chief Counsel and Staff Director
Kolan L. Davis, Republican Chief Counsel and Staff Director
SUBCOMMITTEE ON THE CONSTITUTION
RICHARD BLUMENTHAL, Connecticut, Chair
DIANNE FEINSTEIN, California TED CRUZ, Texas, Ranking Member
SHELDON WHITEHOUSE, Rhode Island JOHN CORNYN, Texas
JON OSSOFF, Georgia MICHAEL S. LEE, Utah
BEN SASSE, Nebraska
David Stoopler, Democratic Chief Counsel
Andrew Davis, Republican Chief Counsel
C O N T E N T S
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OPENING STATEMENTS
Page
Blumenthal, Hon. Richard......................................... 1
Cruz, Hon. Ted................................................... 3
WITNESSES
Bartozzi, Joseph................................................. 12
Prepared statement........................................... 35
Bonar, Dr. Ted................................................... 15
Prepared statement........................................... 47
Haasz, Dr. Maya.................................................. 10
Prepared statement........................................... 30
Song, Kristin.................................................... 7
Prepared statement........................................... 41
Willeford, Stephen............................................... 8
Prepared statement........................................... 43
APPENDIX
Items submitted for the record................................... 29
STOP GUN VIOLENCE: SAFE STORAGE
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TUESDAY, MAY 25, 2021
United States Senate,
Subcommittee on The Constitution,
Committee on the Judiciary,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:54 p.m., in
Room 226, Dirksen Senate Office Building, Hon. Senator Richard
Blumenthal, Chair of the Subcommittee, presiding.
Present: Senators Blumenthal [presiding], Feinstein,
Whitehouse, Ossoff, Cruz, Cornyn, Lee, and Sasse.
OPENING STATEMENT OF HON. RICHARD BLUMENTHAL,
A U.S. SENATOR FROM THE STATE OF CONNECTICUT
Chair Blumenthal. The Senate Committee on the Judiciary
Subcommittee on the Constitution hearing today will come to
order. I thank all of our witnesses for being here. Ranking
Member Cruz coming straight from the vote. I apologize for the
delay, but we had a vote, and I thank also the witnesses who
are participating remotely today.
Before we begin the hearing, let me just take a moment to
recognize that today is the 1-year anniversary of the murder of
George Floyd, the recent guilty verdict. A lot of events that
have occurred in this past year provide necessary
accountability. But it isn't true accountability, and it isn't
true justice. Justice would be for George Floyd to be here,
alive, today. True justice, equality, and equity require real
action and real change in policing, and, all across our
society, elimination of racism, wherever it exists.
There's a lot of work to do. The Subcommittee on the
Constitution will have a part in it, so will our entire Senate.
We need to move forward with action to match this moment of
reckoning for our country.
We're here this afternoon for our third hearing on another
critical issue facing our country involved in stopping the
epidemic of gun violence that claims more than 100 lives every
day in the United States of America. In our first two hearings,
we covered red flag laws and ghost guns. And now we're turning
to safe storage.
Ethan's Law, which I introduced in this Congress, would be
a vital step forward toward stopping unintentional shootings
that occur every day in this country. In fact, nearly every
day, there is an unintentional shooting by a child. Last month
in Texas, in Houston, a 3-year-old accidentally shot and killed
his 8-month-old brother. Last January, police in Murray, Utah,
reported that a 3-year-old was accidentally shot in the head
when he woke up before his parents, climbed onto a counter, and
started playing with a gun. In both of these cases, the gun was
unsecured.
In the worst of these kinds of tragedies, someone loses a
life. In many, the shooter, a child, has to live the rest of
their life knowing they killed someone, frequently a close
family member. Those shootings tear apart families every day in
America.
In addition to the unintentional shootings, there are the
suicides, 700 of them every day, involving children dying by
gun suicide, often using guns belonging to a family member.
Seven hundred every year. The risk of youth suicide is far
greater when a gun is accessible. In fact, one study found that
the best indicator of a State's youth suicide rate is, quote,
``household gun ownership.'' We will hear more about that issue
from our witnesses today.
Securing firearms also will reduce firearms shootings in
our schools. Roughly 75 percent of incidents of gunfire on
school grounds involve a shooter who has obtained a weapon at a
home, in the home of a friend or relative. We know about that
phenomenon in Connecticut all too well, from the Sandy Hook
massacre.
Safe storage laws save lives. It's that simple. Safe
storage laws are needed to protect our Nation's children. Eight
children every day are unintentionally injured or killed due to
an unsecured gun in the home. Let me repeat that. Eight
children, every day, in the greatest country in the history of
the world, are killed unintentionally, or injured, by a gun
unsafely stored in a home.
Forty percent of households with guns are unsafely stored.
Nearly one-quarter of parents whose children admitted handling
guns didn't know their kids had done so. The stark fact is,
there is no way to undo the damage. The death and tragedies
that result once a gun is fired, whether it's unsafely stored
in a gun in the first place.
Today, we'll hear from Kristin Song about the enduring and
permanent pain and loss an unsecured firearm can cause. She's
joined by her husband, Mike. Her story of her loss of their 15-
year-old son, Ethan, to an accidental shooting with an
unsecured gun, I think, will move the Nation. In 2019, heeding
their heartfelt call to--call to action, Connecticut enacted
Ethan's Law, with bipartisan support, to require that gun
owners safely and securely store their firearms.
To Kristin and Mike, I just want to say, we are not done.
We will not be done until we pass Ethan's Law in the United
States Congress. Your being here today means the world. We're
going to do everything we can to pass Ethan's Law, and I ask my
colleagues across the aisle, as well as on our side, to help us
do it.
Of particular interest, I hope, to my colleagues, are the
33 States, including Texas, that have already adopted some form
of safe storage access law. It's on the books in those States.
It varies from State to State, but what we need is a national
standard now. There is a reason that those States have passed
those laws, because they work. They work to prevent deaths and
injury.
Quote, ``Unloaded firearms can be secured with a firearm-
locking device to make them safe, inoperable. Unloaded firearms
also can be stored in a locked cabinet, safe, firearm vault, or
storage case.'' That's a quote from the National Shooting
Sports Foundation instruction to gun owners. Thank you, Mr.
Bartozzi, for being here today and for the program that NSSF
sponsors.
Quote, ``That strong locks, strong boxes, and security
cases are inexpensive and give quick access to firearms in a
defensive situation,'' end quote. Quote, ``Gun safes are the
most secure storage option,'' end quote. That is from the NRA,
in August of 2020, in an article entitled, ``Five Tips to
Safely Store Your Guns.''
There is no question that guns should be safely stored. On
all sides of this issue, there is a consensus. The disagreement
is only whether there should be a law requiring it. My
colleagues, the groups on all sides, agree that it should be
done. The opponents just don't want anyone to tell them to do
it. They agree it's--that gun owners responsibly should keep
their guns safely stored. They just don't want a mandate. We
know this issue is one of public safety, where we always, when
it's a matter of life and death, accept legal requirement.
Airbags. Seatbelts. Everybody agrees, a matter of public
safety. That's why we require them. Keeping prescription drugs
out of the hands of children, we agree that it should be done,
and we have laws requiring childproof containers.
Some say that safe storage laws are unconstitutional, but
they've been upheld across the country. Some say that safe
storage will make it impossible to use firearms in self-
defense, but modern safes with digital or biometric controls
make it as easy to unlock as it is your phone. We can disagree
about the details, but the recognition is unanimous, or
virtually so, that we must work together to pass a measure at
the Federal level, unanimous among people who believe in gun
safety and stopping gun violence because these injuries and
deaths are preventable. If we choose to act, we must act.
I, again, thank you for being here today. I turn to the
Ranking Member.
OPENING STATEMENT OF HON. TED CRUZ,
A U.S. SENATOR FROM THE STATE OF TEXAS
Senator Cruz. Thank you, Mr. Chairman. Thank you to each of
the witnesses that are here today. Every responsible gun owner
knows that safely storing their firearms is critical. Heidi and
I store our firearms safely, and we expect that everyone with a
firearm in their home should do the same.
We also know that when firearms are not stored responsibly,
there can be tragic consequences. Senator Blumenthal spoke
about Ethan Song, a 15-year-old boy who fatally shot himself,
by accident, with a firearm that was stored at a friend's
house. For all of us, our hearts go out to the entire family.
Ms. Song, thank you for being here. Thank you for telling your
son's story. As a parent, what you experienced is a nightmare
that terrifies every parent.
All of us want to avoid tragedies like that happening in
the future. At the same time, firearms in the home can be
critical for defending the home. It can be critical for
defending members of the family from violent crime. One example
of that, that we will hear from today, occurred on November 5,
2017, when a vicious murderer walked into the sanctuary at
Sutherland Springs First Baptist Church in Texas and started
shooting innocent churchgoers.
Stephen Willeford, who I have since gotten to know quite
well and who will be a witness today, Mr. Willeford was a
neighbor just down the street, and he heard the shots. He went
and got his weapon, which is an AR-15, and he ran down the
street, and engaged with the shooter. His heroism saved lives
that day. His heroism was extraordinary. I can tell you, I was
in that sanctuary the day after that shooting, and it remains
one of the most horrific things I have ever seen to stand in
that beautiful church, where a deranged madman committed an act
of unspeakable evil.
Mr. Willeford's weapon was secured in a gun safe, and the
time it took for him to remove it from the gun safe slowed down
his response time. One of the challenges that we all face is a
slowed-down response time in an instance like that can mean the
difference between people living and people dying.
All across the country, people rely on quick access to
firearms in their homes to defend themselves. A 2013 report
ordered by the Obama administration CDC, stated that, quote,
``Almost all national survey estimates indicate that defensive
gun uses by victims are at least as common as offensive uses by
criminals, with estimates of annual uses ranging from 500,000
to more than 3 million.'' We're not talking about one, or two,
or a handful. This is the Obama administration estimating
defensive uses of firearms. In other words, firearms used to
prevent a crime, occur somewhere between 500,000 and 3 million
times a year.
If our objective is to save lives, and I believe all of us
want to save lives, ensuring that people can effectively access
their firearms to defend themselves and their families is
critically important. Sometimes, the defensive use includes
children defending themselves and defending their families. For
example, earlier this year, a 12-year-old boy in Goldsboro,
North Carolina, shot two masked intruders, killing one of them,
after they forcefully entered his home and shot the boy's
grandmother.
In 2018, a 15-year-old girl, who was also from North
Carolina, and who had been trained on how to shoot and safely
handle firearms, grabbed a gun hidden in her house for
protection and shot her mother's abusive boyfriend, after he
had attacked her mother and threatened to kill her. If the
firearms that these minors had used to defend themselves and
their families had been inaccessible, the consequences could
very well have been devastating.
When we talk about safe storage, we have to keep in mind
that restricting quick and ready access to a firearm
potentially comes at a serious cost to people's lives. We
should be encouraging people to make responsible choices that
balance the risk of accidents with the need for self-defense.
That's exactly what many of the voluntary programs across
the country have been doing. For example, Project Child Safe,
run by the National Shooting Sports Foundation, provides gun
locks free of charge. I will tell you this is an issue on which
there can be bipartisan cooperation.
When it comes to Project Child Safe, it so happens that I
have a very personal history with that project, because in the
years 1999 and 2000, I was a policy staffer, working on the
George W. Bush Presidential campaign. As a policy staffer
responsible for domestic policy, I was the 28-, 29-year-old
staffer who designed the very first Project Child Safe, and
drafted the briefing paper, and presented it to then-Governor
Bush. Governor Bush agreed and campaigned for President, in
2000, on Project Child Safe on providing gun locks, free of
charge, to the millions of Americans who don't have gun locks
so that they can better protect themselves, their families,
their children, the friends of their children.
That project ended up being announced, campaigned upon, and
when George W. Bush was elected, implemented. Today, Mr.
Bartozzi works very directly with it. I have to say it is
encouraging, now, the millions of child locks that have been
given out that came from an idea a 29-year-old kid had sitting
in a cubicle, that has since been implemented.
Critical to that is that it is voluntary, that it is
providing child locks, so you have the equipment, free of
charge, so the cost is not a barrier to being able to lock a
firearm, but it is not mandatory. I believe people can and
should make a judgment about what the needs of their home, of
their neighborhood, and protecting their family are.
The bill that Senator Blumenthal has, I think, goes too far
in terms of mandating a Federal rule for everyone. For example,
the bill would prevent a family with teenaged children in a
crime-ridden neighborhood from choosing to keep a firearm
somewhere where it could be quickly and easily accessed for
self-defense. It would empower the Federal Government to
enforce that law, coming into the family's home, and
potentially arresting the parents and seizing the firearm.
Not only that, it would make it a Federal crime for the
children I mentioned earlier, the children who defended their
homes and defended their families with a firearm, to have
access to the weapons that saved them and their loved ones. I
don't think that makes sense. I don't think that's an
approach----
And by the way, whether or not children have access to
firearms, I think, varies widely, depending on the age and
maturity of the child. It is a different thing for a parent of
a 16- or 17-year-old child at home who's trained in how to
handle a firearm, making the decision that that child should be
able to defend himself or herself in the case of a violent
intruder, than it is to allow elementary school kids to play
with loaded firearms. There's a full spectrum that responsible
parents should make judgments of when it is appropriate and
when it is not appropriate to put a minor in a position to be
able to defend himself or herself.
All of us want to prevent firearm accidents. It is tragic.
It is horrific. I can tell you, in our home, our girls are 10
and 13, and our firearms are locked away, and they don't have
access to them, because we're not at a point where we think
that is a reasonable judgment to make, but I don't know that
there would never be a point where we would make the judgment
that it makes sense to give them access to it if needed.
I think there's a lot we can do as a voluntary matter. I
think there's a lot we can do with education. I think there's a
lot we can do encouraging the use of safe storage. I also think
we have an overlay of civil liability laws that if you have
individuals that are behaving irresponsibly, they face
potentially enormous civil liability. But I don't believe a
Federal, criminal mandate is the right approach to this issue.
Chair Blumenthal. Thanks, Senator Cruz. We've been joined
by Senator Whitehouse. Thank you for joining us. I'm going to
introduce the witnesses, and then we'll--I will swear them in,
as is the custom on the Judiciary Committee. Then we'll have
your testimony.
Kristin Song is from Guilford, Connecticut. She became a
gun safety activist after her 15-year-old son, Ethan, was
killed with an unsecured gun in a neighbor's house. When she
learned that the negligent gun owner would not be charged, Ms.
Song was determined to strengthen Connecticut's safe storage
law. Her approach in the Connecticut State Legislature was
instrumental, in fact, decisive, in bringing together lawmakers
from both sides of the aisle to find common ground and help
kids--keep kids safe.
Ms. Song's advocacy was instrumental in passing Ethan's Law
in Connecticut. In 2019, she and her husband, Mike, created the
Ethan Miller Song Foundation to honor the causes that were
important to Ethan: veterans, animals, standing up for those
who are vulnerable or marginalized.
Mr. Stephen Willeford is a native of Sutherland Springs,
Texas. An avid sportsman, he began shooting at a young age, and
honed his skills by participating in competition as he grew
older. He made sure his three children were trained in gun
safety, passing along his expertise. Following the deadly mass
shooting in Sutherland Springs in November 2017, Mr. Willeford
became known as, quote, ``the good guy with a gun,'' end quote,
having disrupted the shooter. Stephen credits his faith and
preparedness as to why he was able to step in during the
critical accident to that training.
Dr. Maya Haasz is a board-certified pediatric emergency
medicine physician at Children's Hospital, Colorado, and an
assistant professor of pediatrics at the University of Colorado
School of Medicine. She's a researcher focused on firearm
injury prevention and founded and chair--chairs the Firearm
Injury Prevention Collaborative at Children's Hospital in
Colorado.
Joe Bartozzi is president and CEO of the National Shooting
Sports Foundation and the Sporting Arms and Ammunition
Manufacturers' Institute. He also serves as chairman of the
Project Child Safe Foundation. He has spent roughly 40 years in
a variety of technical and executive management roles in the
manufacturing sector.
Dr. Ted Bonar is a clinical psychologist and director of
End Family Fire at Brady, and executive director at Clinical
Readiness Project. He's a nationally recognized trainer and
speaker at conferences and universities, and he's known as a
subject-matter expert in suicide prevention, lethal means
safety, military and veteran mental health concerns, and PTSD.
I'll ask all the witnesses to please stand and raise your
right arm.
[Witnesses are sworn in.]
Chair Blumenthal. Let's begin with Kristin Song.
STATEMENT OF KRISTIN SONG,
GUILFORD, CONNECTICUT
Ms. Song. Good afternoon, Chairman Blumenthal, Ranking
Member Cruz, and Members of the Subcommittee. Thank you so much
for inviting me.
I once knew a woman. Her eyes sparkled. Her posture was
relaxed, her movements deliberate and full of energy. She
smiled, laughed, and loved to tell anyone who would listen,
``Seize the day.'' She lived her life that way. The pleasures
in her life were her family, and her greatest joys were her
children. Her heart was full of gratitude.
Her children grew into teenagers, and she fell more in love
with them, even when she received phone calls, ``Mom. I'm okay,
but the car is totaled. Mom, don't freak out, but I broke my
nose in three places at baseball practice.'' Or when the school
called to inquire if her third child was planning on handing in
any homework, ever. She understood these were trials and rites
of passage. They were surmountable and good learning lessons
for her children.
I saw that woman on January 31, 2018. She and her son had a
fun and relaxing morning together. He got his braces off, and
he was so happy. She took a picture of him with his new smile
and sent it off to her husband. They headed off to breakfast to
celebrate, and her beautiful boy told her about his hopes and
his dreams. He wanted to go to Rice University, join the Army,
marry, and have seven children.
They returned home, and her beautiful boy walked to his
best friend's house. An hour later, the woman saw two police
officers walking across her lawn. Her heart sank. She heard the
ambulance scream by her street, carrying her beautiful boy.
They raced to the hospital, praying that their beautiful
boy was still alive. She ran into the hospital and headed
toward the bays, where her beautiful boy lay. But she was
stopped and guided to a tiny room. The ER doctor slid down the
wall, put his head in his hands, and whispered, ``Your
beautiful boy is gone.'' She crawled into a fetal position. She
just wanted to disappear.
Her husband called their daughter and son. She will never
forget the raw, guttural sobs that escaped from their mouths.
She begged to see him. She needs to tell him again that he is
so loved and cherished, to kiss his forehead, to tuck him in
one last time. She was the first to welcome him into this
world, and she wanted to be the last to say goodbye.
The doctor chokes out, ``He's unrecognizable,'' even to her
eyes. While her family walks out of the hospital, her beautiful
boy is being wheeled to the morgue. The woman and her family
sit in silence on the car ride home. There's nothing to say.
You can't fix death.
I saw that woman on February 1, 2018. Her eyes are dull.
Her posture, slumped. Her movements, as if by rote. She's in a
stupor. Her smile has turned to tears. Her energy is gone. The
pain that she feels is similar to holding your hand over a hot
flame, intense, unrelenting pain. She can barely breathe. She
doesn't sleep much, and when she does, he calls to her. She
frantically tries to reach him, but he slips through her
fingers and slowly fades away.
She would have had traded--she would have traded places
with him in an instant. She would have laid down her life to
save his. She sits with her coffee in the kitchen and
contemplates suicide. No more pain. But her other son grabs her
hand and says, ``I would not survive if I lost another member
of this family.'' How did he know? Was it so obvious? She now
knows she has no other choice but to live.
My name is Kristin Song, and I am that woman. The beautiful
boy was my 15-year-old son, Ethan. He was shot in the head in
his best friend's house with an unsecured gun. He had zero
chance of survival. The father, the gun owner, stored his three
guns and bullets in a shoe box.
What would you do never to be asked these questions by a
funeral director: ``Do you want to bury or cremate your child?
Or do you want a lock of their hair? I'm sorry, that is all
that I can offer you.''
To avoid having to answer those questions, would you use a
biometric safe that opens in just a few seconds, just to secure
your guns? I wanted to thank all of the gun owners, especially
Senator Cruz, who secures their weapons, because Ethan would
have been safe in your house. He would have walked out of your
home and into my arms.
While I applaud all of the organizations that emphasize
that it is the gun owner's personal responsibility to secure
their guns, that is clearly not enough. If it were, I would not
be here today. I would be home with my son, running around,
looking for his lacrosse uniform that always seemed to be lost,
peppering him with questions about his day, and stopping by his
bedroom at night to let him know that I love him.
We need laws, like Ethan's Law, to mandate safe storage and
save lives. The gun owner could have saved Ethan's--the gun
owner could have saved Ethan in the time it takes to draw one
breath by simply locking up his guns. If he had, my beautiful
boy, with his infectious smile, would be walking across the
stage to accept his high school diploma next month. Instead,
that night, while his friends are throwing their caps into the
air, I will be sitting at Ethan's grave, and the only one
speaking his name will be me.
Thank you.
[The prepared statement of Ms. Song appears as a submission
for the record.]
Chair Blumenthal. Thank you. Mr. Willeford joins us
remotely, and I'd like to call on him now.
STATEMENT OF STEPHEN WILLEFORD,
SUTHERLAND SPRINGS, TEXAS
Mr. Willeford. Hello. My name is Stephen Willeford. I'm
from Sutherland Springs, Texas. I'm here to tell you about
decisions made on November 5, 2017, and the consequences of
those decisions. This is the hardest statement that I will ever
make in my life.
I have been a gun owner all of my life. I own a safe
because I thought it was the responsible thing to do. I kept my
rifles and my handguns locked away because nothing bad happens
in my town, until it did.
On November 5, 2017, an evil man opened fire into the First
Baptist Church, Sutherland Springs, where 49 of my friends were
gathered to worship. This man brought a vehicle full of
firearms and ammunition that he obtained because the government
failed to enforce its own pre-existing laws.
When I recognized what was going--what I was hearing was
gunshots, I flew into action. Imagine yourself running down the
hallway to your house and fumbling with a lock on your safe.
Imagine hearing each shot ringing through the air, knowing that
one of your community members is on the receiving end of each
bullet, knowing that you're not fast enough.
I grabbed my AR-15. I grabbed a handful of ammunition,
eight rounds. I ran to my front door, loading the gun as I ran.
How much time had I taken? I timed it now, it's about 2
minutes. I could have shaved--saved 90 seconds off if my
firearm had been loaded and not locked behind a giant, steel
door. I timed that too. 90 seconds does not sound like a lot,
but to me, it will always be the longest 90 seconds in my
lifetime, and my greatest regret.
The police officers in our county are some of the best.
They did everything they could to respond to the active
shooter. But as Chris Byrd wrote, ``When seconds count, police
are only minutes away.'' It took 19 minutes for the police to
make it across the county to our town. After the first 911
call, every second counted. It was my community--I was my
community's first responder. I didn't even pause to put on my
shoes.
The gunfire continued. I yelled as I drew closer, and the
shooter heard me. My voice made him stop killing my neighbors
and face me. Seconds before I heard--before he heard me, he
shot Kris Workman in the spine, paralyzing him from the waist
down. If I had had my firearm ready, would this young husband
and father still be able to walk today? I had never asked who
was shot before Kris. I can't bear to know.
Forty-nine people went to church that morning. Twenty-six
didn't make it out alive. Not one person walked out of the
church without an injury. Firearms did not commit this
atrocity. Don't get this story wrong. Evil did this. My firearm
stopped it in its tracks. How much faster would I had been able
to respond, if I had my gun ready?
In contrast, let me tell you about April Evans. April Evans
is a young mother from Virginia. One night, when April was home
alone with her 2-year-old daughter, a criminal began busting
her door down. April had her gun. She called out, warning him,
but he didn't stop. As he burst into her house, April fired,
brought him down, and held him at gunpoint until the police
arrived.
Imagine if April had not--had to fumble with a safe.
Imagine if politicians had passed a law mandating that April
was not allowed to do what she did, was--had to have it in a
locked safe. Would she have had time to protect her daughter
and herself? There are a lot of things that we can learn from
these stories.
First is the importance of the Second Amendment.
Second is the importance of preparedness.
No one thinks that something like this can happen in their
communities, but it can. I will always be haunted by those 90
seconds wasted, getting my gun from the safe and loading it. I
will never again keep my firearms unloaded in a safe. Whether
or not this law passes, I will not comply. I won't make that
mistake again. It came at too high of a cost.
The answer to our problem is not restrictions. It's an
informed public. It's in educated kids on gun safety from an
early age. Government stepping into individuals' homes and
dictating how they can act in each circumstances, legislating
how they are allowed to defend themselves and their families
will not end well.
We, as individuals, are responsible for the decisions we
make in our own homes. We have that right. Our Government is
there to protect and support that right, not legislate it.
Each of you made a promise when you were sworn into our
office. When people ask me how many lives I think I saved that
day, my answer is always the same: not nearly enough.
I want to thank the United States Senate and this Committee
for allowing me to speak today.
[The prepared statement of Mr. Willeford appears as a
submission for the record.]
Chair Blumenthal. Thanks, Mr. Willeford. We're going to go
to Dr. Haasz.
STATEMENT OF DR. MAYA HAASZ, ASSISTANT
PROFESSOR, PEDIATRICS-EMERGENCY MEDICINE,
CHILDREN'S HOSPITAL COLORADO ANSCHUTZ
MEDICAL CAMPUS, AURORA, COLORADO
Dr. Haasz. Thank you, Chairman Blumenthal and the Members
of the Subcommittee, for the opportunity to testify here today.
My name is Dr. Maya Haasz, and I'm here today representing
Children's Hospital, Colorado, and the Colorado Chapter of the
American Academy of Pediatrics.
Chair Blumenthal. Dr. Haasz, I think you need to press your
microphone button. Thank you.
Dr. Haasz. Sorry. That's better? Thank you, Chairman
Blumenthal and Members of this Subcommittee, for the
opportunity to testify here today. My name is Dr. Maya Haasz,
and I'm here today representing Children's Hospital, Colorado,
and the Colorado Chapter of the American Academy of Pediatrics.
I've been a pediatric emergency medicine physician for 10
years now. In that time, I've seen many firearm injuries,
including in children as young as 2 years old, which could have
been prevented by safe storage requirements. The lucky ones
survive with any number of visible scars, to carry along with
the emotional and psychological trauma that they and their
families carry forward. Those who do not survive leave behind a
world of grief. The cry of a parent whose toddler died is
agonizing in any circumstance. When that child has been fatally
shot in a preventable accident, the added layers of guilt and
what if add a new, almost tangible layer of pain for all
involved.
Firearms are the second leading cause of death in children
in the United States. On average, more than 17 children are
injured by a firearm every single day. On average, more than 32
die every week in the United States. Something has to be done
to protect our kids from the dangers of unsecured firearms.
I thought about this a few months ago when a 14-year-old
came to the emergency department after a suicide attempt by
drug overdose. Minutes after his attempt, he felt a moment of
remorse and told his parents what had happened. They called an
ambulance. They brought him to us. We took care of him, and he
survived. This same story happens multiple times a week in my
emergency department. After receiving medical and emotional
help, suicidal patients get another chance at life, and the
vast majority do not go on to die by suicide. But firearms are
uniquely lethal. I knew that that 14-year-old boy probably
wouldn't be there for us to help had he used a gun.
More than 90 percent of those who attempt suicide with a
firearm do not have the chance to change their mind. For
adolescents, over 80 percent of these firearms are found in
their home, and most belong to a parent. These are the
realities that I see play out in my line of work every day.
Over the last year, the COVID-19 pandemic has complicated
my job somewhat. I had to learn ever-changing processes and
keep pace with new evidence. But COVID also showed us what's
possible when research and public awareness are combined to
save lives. As the pandemic progressed, we got better at
treating patients, and the community stepped up to stop the
spread. Now there's less fear and uncertainty, and we are so
far ahead of where we were.
This needs to happen with gun violence too. The idea that
we could solve these problems in this manner isn't new. In
fact, we see it in many industries. Look at the auto industry.
When a greater emphasis was put on researching the
effectiveness of seatbelts and improving car safety standards,
new data-driven safety requirements reduced deaths for motor
vehicle collisions for minors by 38 percent between 2007 and
2016. In that same time, the rate of firearm-related mortality
among children and adolescents stayed the same.
What's the difference here? When it comes to firearm-
related deaths, there is a distinct lack of data-supported
public health interventions that is supported by State, local,
and Federal Governments, and particularly as it relates to safe
storage.
Reducing firearm deaths is not just a public health issue,
it's a public health emergency, and we have a duty, to
ourselves and to our children, to act. We have a road map. We
need to do what we did to decrease deaths from COVID-19 and for
motor vehicle collisions. We didn't resort to drastic measures
such as removing all the cars from the road. We identified ways
to make commonsense changes that have a meaningful impact, and
the same can be done with firearms.
Firearms sales are on the rise, and 4.6 million children in
the United States live in homes with at least one loaded and
unlocked firearm, putting them at higher risk of shootings.
Curious toddlers are at risk. Individuals experiencing crises
with access to firearms are in serious danger, as are women and
children vulnerable to domestic abuse. For them, home can't be
a refuge until we act.
Federal law doesn't require gun owners to securely store
their firearms when children are present in the home. Twenty-
nine States--or now it's 33--and the District of Columbia have
some form of law to do so, and many have seen suicide and
unintentional gun deaths and injuries among minors drop by up
to 54 percent.
Because of my experiences, I testified in March before the
Colorado State Legislature to support such a law, which was
thankfully enacted. I urge the Members of this Subcommittee to
consider and act upon similar legislation at the national
level, including Chairman Blumenthal's bill, Ethan's Law, which
would set a national standard for the storage of firearms in
residences where children live, and Chairman Blumenthal's Safe
Gun Storage Act, which would establish consumer product safety
standards for firearm locks and firearm safes.
I'm here for the 5-year-old boy who is paralyzed from the
waist down by a stray bullet that struck him while he was just
playing outside, and now has to come to the emergency
department every time he has a fever. I'm here for the toddler
who came to our hospital, shot while playing with her sibling,
for her family who will agonize over her death, and whether
they could have prevented it. I'm here for the youth, who in
their moment of crisis, found a gun to use in their suicide
attempt. They usually don't make it to their--to our hospital.
I wish I could share their names or their stories, or more
of their face--or their faces so you could understand that
these could be your neighbors, your grandchildren, your
children that I'm trying to protect. I know that the vast
majority of gun owners keep their firearms safely away from
children and adolescents; however, too many do not. Keeping
children safe should not be--from firearms should not be a
personal choice. I implore you to pass legislation that will
ensure that firearms are properly locked so that children do
not have access to them. No more broken families. No more
needless injuries and deaths.
Thank you.
[The prepared statement of Dr. Haasz appears as a
submission for the record.]
Chair Blumenthal. Thank you very much. Mr. Bartozzi.
STATEMENT OF JOSEPH BARTOZZI, PRESIDENT
AND CEO, NATIONAL SHOOTING SPORTS
FOUNDATION, NEWTOWN, CONNECTICUT
Mr. Bartozzi. Thank you, Chairman Blumenthal, Ranking
Member Cruz, Members of the Subcommittee. My name is Joe
Bartozzi. I'm the president and CEO of the National Shooting
Sports Foundation. I'm very proud to be here today to speak on
this important topic.
First of all, let me start by saying that no family should
have to suffer the loss of a loved one in such a preventable
tragedy as this, and we really feel bad. Especially being from
Connecticut, I'm well-aware of the situation with the Song
family, and it's a terrible thing that nobody should have to
endure.
But I will tell you this, that it is my personal commitment
and the commitment of our industry, to educate and spread the
word about safe storage, while at the same time respecting the
right to keep and bear arms, and appreciating and acknowledging
that every circumstance surrounding the ownership and storage
of firearms is unique.
To be clear on our position, we support the safe storage of
firearms when they're not being used. In fact, we are outspoken
advocates for safe storage, and we spend considerable time and
energy creating the most comprehensive safe storage program in
the world, which is Project Child Safe, as was mentioned
earlier. However, we do oppose a Federal mandate, which would
alienate gun owners, infringe upon State efforts in this area,
impair the ability of armed self-defense, and create a new,
vague, virtually unenforceable Federal law replete with legal
implications and penalties.
Now again, I will reiterate that we are terribly saddened
by the fact that the firearm that Ethan found was not secured.
Okay? But I can tell you, this is exactly why Project Child
Safe was created in the first place. It specifically addresses
the issue of accidents, misuse, and suicide by identifying
several storage options to fit a wide variety of lifestyles.
And I will say this, on a personal note, that we can take
some solace that no organization has done more in this area
than has Project Child Safe. Forty million Americans are safer
today because of Project Child Safe. Just for those that may
not be aware, I'll just touch on a few key points.
Since 1999, Project Child Safe has given away more than 40
million locks and safety kits. We've partnered with more than
15,000 law enforcement and community partners, in all 50 States
and U.S. territories, to spread the message of safe firearm
storage. That doesn't include the millions that come to our
website to download our pledges, our materials, and view our
videos, to enhance safe storage in the home. In fact, in the
past 20 years, fatal accidents involving a firearm have
declined by 40 percent. The entire industry is behind this
effort, and they're all part of making this thing possible.
As an outgrowth of Project Child Safe, we are now actively
involved in suicide prevention space, partnering with the
American Foundation for Suicide Prevention, as well as the
Department of Veteran Affairs, to bring suicide prevention
messaging and safe storage to everyone everywhere. We have now
documents and handouts in all States at firearm retailers and
ranges, to prevent suicides from firearms.
I just want to touch on, one anecdote here to talk about is
that in 2013, then-Vice President Biden came to Connecticut
post the Sandy Hook murders, and he took aside the then
chairman of Project Child Safe, and he said, referring to
Project Child Safe, ``You guys are doing a lot of good things,
including the gun lock thing. This isn't just Joe Biden blowing
smoke. I mean it.'' Even then, Vice President Biden recognized
the importance of Project Child Safe and the value of education
in the area of safe storage.
I want to touch on one other point that I think is very
important to make here. That is, the messenger matters in
regards to dealing with firearms issues. We understand that
this proposed law, as it's written, will create and could
create additional mistrust and animosity between the Federal
Government and gun owners. My concern here is that gun owners
might tune out or not listen to the message if it's coming from
an authority, a mandate from the Federal Government.
We're concerned about that, and we know from our experience
with the VA and the AFSP that the audience is more likely to
respond to a message if the messenger has credibility,
experience, and has earned the trust of the audience. Being
that we're the trade association for the firearms industry,
it's clear that we have credibility in the regard to firearms
and how to safely store them and handle them. People look to us
for this information, and that, I think, is a very powerful
message.
We believe, as between training and education versus
Federal mandates, education and training is more impactful. In
fact, the General Accountability Office reported in 2017 that
they--and this is a quote: ``Our review of the studies relating
to safe storage approaches, that is device distribution and
physician consultation, found that providing a free locking
device to study participants influenced behavior to store
firearms more safely, and physician consultation generally did
not.'' Okay?
They said, ``Project Child Safe is the largest and longest
running program of this kind in the country, distributing now
more than 40 million kits with cable-style locks.'' The GAO
recognized that there is credibility in what we're saying, and
they support the approaches we're taking.
I'll leave you with one last point, and that is potential
alternative approaches to a Federal mandate. As Senator Cruz
indicated, Project Child Safe has been the recipient of two
Federal grants over the years, one during the George W. Bush
administration and one in the Obama-Biden administration. These
were competitive grants which Project Child Safe was fortunate
to win, and as a result, were able to spread the word of safe
gun storage to millions of Americans.
Possibly, the Government should talk about creating
additional grant opportunities so that we can, again, magnify
the reach and scope of this project. Right now, it's supported
by donations, mainly from the industry, from individuals, some
companies. But to have the Federal money to be able to make
this on a larger scale, I think, will make a lot of difference
for this.
The other thing I would recommend is that in 2013, the NSSF
supported creating a tax deduction for locking devices. This
was H.R. 1883, introduced by Representative John Carter. It
would have created a tax deduction for up to $1,200 for the
purchase of a locking device. I know a similar bill was
introduced last year by Representative Mike Levin of
California, but the numbers were very small in terms of the
rebates available. We would certainly believe that there's
different approaches to the same--to deal with this problem,
and perhaps in a more unifying manner than a Federal mandate.
We would definitely welcome a new voice to the discussion.
Thank you again for your time and attention. I appreciate it.
[The prepared statement of Mr. Bartozzi appears as a
submission for the record.]
Chair Blumenthal. Thanks, Mr. Bartozzi. Mr. Bonar.
STATEMENT OF DR. TED BONAR, DIRECTOR OF
END FAMILY FIRE, BRADY, WASHINGTON, DC
Dr. Bonar. Thank you, and good afternoon. Chairman
Blumenthal, Ranking Member Cruz, and distinguished Members of
the Committee. My name is Dr. Ted Bonar, and I'm here today to
speak to the importance of safe storage of firearms. I'm a
clinical psychologist from Columbus, Ohio, with a specialty in
the treatment of suicide, post-traumatic stress disorder, and
working with service members, veterans, and their families.
I've worked directly with the military-connected community
throughout my professional career. I trained at the Jesse Brown
VA Medical Center in Chicago. I've held clinical positions as a
veteran expert at three universities. I have worked as a
subject-matter expert with PsychArmor, and the Center for
Deployment Psychology.
I'm now the director of End Family Fire with Brady. Family
fire is a shooting involving an improperly stored or misused
gun found in the home, resulting in death or injury. End Family
Fire is a national educational campaign that speaks directly to
and with gun owners to increase the safe storage practices of
firearms.
Twenty-three thousand. It's an astounding, astonishing,
devastating number. That is roughly the number of people living
in America who will die by suicide using firearms this year.
Suicide is complex, and there is one of--there is one variable
that stands above all others as a determining factor. That
variable is access to a firearm, because when a firearm is used
in a suicide attempt, the result is death about 90 percent of
the time. Put simply, we can effectively reduce the number of
suicides in the United States through strategies that increase
the safe storage of firearms.
I'd like to make four important points about suicide and
firearms.
First, there's a common belief that the majority of people
who die by suicide take action impulsively. However, most
people who attempt suicide have thought about the plan and
action well ahead of time. The moment of decision comes after
experiencing incredible psychological pain, and the deep desire
to be free of that pain. The word impulse implies that there is
nothing we can do about any of this, and this is false.
Second, firearms are the method of suicide that results in
death far more than any other. Other methods of suicide
attempts are much more frequent, such as the most common method
of intentional drug overdose, which results in death about 2
percent of the time. No other common method of suicide comes
close to resulting in death 90 percent of the time.
Third, when a person is at risk for suicide, an evidence-
based strategy is to put as much time and distance between a
person and the method as we possibly can. Safe storage
practices, sometimes increased during the crisis, provide a
temporary barrier between a person in crisis and a firearm.
There are countless methods of safe storage of firearms that
respect the rights of firearm owners while decreasing the
likelihood that the firearm might be used in a suicide attempt.
Fourth, there is a belief that if someone wants to die,
they will end their life through any method possible. So if
they don't have a firearm, they will simply reach for something
else. But means for suicide are rarely substituted. The method
a person chooses to attempt suicide is a personal decision. For
gun owners or someone from law enforcement or a military-
connected background, the lethality of guns is not an abstract
concept. If a firearm is chosen, it is not easily substituted.
We must also address the problem of suicide in the context
of veterans and veteran households, as veterans use firearms in
suicide attempts and die by suicide at a much higher rate than
civilians. They also have much higher rates of gun ownership.
I'll quickly share a few points from three friends of mine.
One, a decorated Marine combat veteran says, ``I have to
tell my buddy where and how I'm storing my guns. I can't always
have them around, but I still own them.''
A Navy combat veteran mom with two teenagers says, ``I have
a biometric lock. Nothing less would do.''
An Army veteran mom with a 3-year-old daughter worries that
her kid could find the shotgun the family stores in the back of
their closet.
Safe storage of firearms is an evidence-based strategy to
reduce the rates of veteran suicides as well as youth suicide
and unintentional shootings that result in injury or death of
children.
I've included more information on each of these in my
written testimony, and I'd be happy to answer any questions you
might have. Safety and security are common-ground values for
most Americans who own guns and those who reduce--those who
work to reduce the likelihood of unintentional injury or death
by suicide. Safe storage of firearms in the home is a principal
solution to reducing gun violence and respecting constitutional
rights. Laws around safe storage have been upheld by the
courts, and the research is conclusive: Safe storage saves
lives.
I am grateful for the opportunity to testify here today,
and I look forward to your questions.
[The prepared statement of Dr. Bonar appears as a
submission for the record.]
Chair Blumenthal. Thank you very, very much, Dr. Bonar. I'm
going to ask Senator Whitehouse to go first with his questions
because he has another commitment, and then ask the Ranking
Member to go ahead. I'm going to be here for the duration, so
I'll hold my questions.
Senator Whitehouse. Thanks. I have a question for Dr.
Haasz. First of all, thank you for being here all the way from
Colorado.
You heard Mr. Willeford say that he was never again going
to keep his firearm unloaded in a safe, that he was always
going to have it loaded and available for himself from here on
out. If that were the state of firearm safety in homes across
America, what do you think the likely outcome of that would be
in your emergency rooms?
Dr. Haasz. I think the outcome would be devastating. Quite
frankly, I'm not sure that these kids would make it to our
emergency rooms. We know from modeling that even a modest
increase in safe storage in homes would significantly decrease
injury and mortality to youth. We also know that in States that
have child access protection--prevention laws and States that
have safe storage laws, there has been a significant decrease
in injury and mortality among youth.
I am sorry--the personal experience he has, I can
understand. But if that was the standard, I think that would
have devastating consequences for our children.
Senator Whitehouse. If households kept loaded firearms out
and not in safes, could you make any general guestimates as to
what the effect of that would be on either gunshot wounds
coming into emergency rooms or, as you say, gunshot wounds that
don't come to emergency rooms because the victim is the
decedent?
Dr. Haasz. Yes. I wouldn't be able to make specific
estimates as to the number, but I could say that it would be
much more significant just seeing how the injuries and
mortality decrease when people do store their gun safely. I
think that they would increase significantly if they don't.
Senator Whitehouse. That would be the necessary corollary
proposition. Correct?
Dr. Haasz. Yes.
Senator Whitehouse. Yes. Thank you very much for coming
here. Thank you, Chairman Blumenthal for this hearing, and good
luck with your legislation.
Chair Blumenthal. Thanks, Senator Whitehouse. Senator Cruz.
Senator Cruz. Thank you, Mr. Chairman. Thank you to each of
the witnesses for your testimony.
Mr. Bartozzi, your organization has distributed more than
38 million gun locks, free of charge through local law
enforcement agencies and over 15,000 communities across the
United States. This voluntary program, known as Project Child
Safe, has been so successful that even the Obama Justice
Department awarded you with a $2.5 million grant to expand the
program.
Can you explain how this voluntary program works and what
the results have been?
Mr. Bartozzi. Basically, Senator, we have a lock giveaway
program. We partner with law enforcement primarily, but also
faith-based groups around the country, and they take the locks,
and they distribute them to their parishioners, to their people
in their communities. Recently, we had the Detroit Police
Department go door to door and hand out Project Child Safe
locks and materials. There was, about 2 weeks ago, Albuquerque
had a drive-thru Project Child Safe event where a councilwoman
there handed out the free locking device.
We--you know, this is a nonjudgmental, no-questions-asked
program. This is not an idea where we're going to check your
credentials about gun ownership. We want people to be safe. We
want people to have access to the means of safety right away,
so that's why these locking devices are so important. They are
immediately available to start using right then and there.
Additionally, we have a comprehensive website which offers
award-winning videos. We have checklists. We have a pledge that
goes out to gun owners about securely storing firearms. One
other thing about Detroit, recently two Detroit Pistons
basketball players did a PSA, using our pledge as the basis for
the PSA, and it was outstanding. Now, myself, I'm Celtics fan,
so I'd love to see other teams get involved with this. But it
was really encouraging to see members of various communities
get involved and teach about safe storage.
Okay. It's not just about a lock. All right? A lock is
important, but more important is education and training. We
talk about what households might be more affected, but it
depends on how the children are raised in that household, what
type of training and education they receive on firearms and
safe firearm handling. It all goes together as one--you know,
it's not one thing or the other. I think you need to have both.
Again, the idea is that we make it voluntary. We have
resources on social media, on multiple websites. We have
availability to give away these locks. We've given away now
over 40 million now. The number is up, and we're very proud of
that fact.
Again, it's about options. Right? Not everyone's
circumstances are the exact same. What might work in your house
might not work in someone else's. We explain there's biometric,
there's digital, there is RFID, there's combination locks,
there's key locks. Whatever fits your lifestyle, and your
economic availability as well, because some of these safes are
very expensive. We want to give people the means to do this
right away to be safe right away, and encourage--encourage the
use of these locks, but not mandate it.
Senator Cruz. Mr. Bartozzi, I agreed with your testimony
right up and to the point when you said you were a Celtics fan.
I have to say, as a Houstonian and a die-hard Rockets fan,
given the miserable season we had last season, I just found
that deeply hurtful, although I will readily concede Larry Bird
is one of the greatest players to have ever played.
What did the data show about the effectiveness of Project
Child Safe? If the objective is to expand the use of safe
storage, does the program work? What do we know?
Mr. Bartozzi. We know the program works in that, and I
won't provide exact--I don't have the exact--but in the 20
years that Project--22 years that Project Child Safe has been
in existence, we know that fatal accidents have decreased by 40
percent.
Okay. Now, there is a lot that goes into that. Hunter
safety classes, our own First Shots program, which we teach
safety to first-time gun owners, and things of that nature all
come into this. We also see that fatal accidents involving
firearms at the lowest record--lowest point on record. Since
1903, we now see that fatal firearm accidents are at less than
500 per year. That, again, I will concede is 500 too many. I
will not make that argument. However, we are seeing progress.
We are seeing--and progress is a good thing because it
shows that we can have an impact. All right? That's what we're
looking for, is an opportunity to have an impact on the
discussion, on the dialogue, and the ability to save lives.
That's what we're very encouraged by.
Senator Cruz. I'll note one study that researchers did
find--found that the free installation of gun cabinets to 255
households resulted in the rate of homes containing unlocked
guns dropping from 95 percent, in the case of this study, to 35
percent within the course of the year. If the objective is to
actually have guns secured where--where they can't be misused
by a child, there are proven results.
Mr. Willeford, I want to turn to you. You and I have gotten
to know each other quite well since the horrific mass murder in
Sutherland Springs. I spoke with you the day after that murder.
I would note, Mr. Willeford was at home, minding his own
business, when the shooting started. As he described, he ran
and got his gun, and he ran down the street, barefoot, didn't
put on his shoes. He engaged with this mass murderer.
He yelled out at him. The mass murderer fired at him
repeatedly. He fired back. Mr. Willeford is an NRA rifle
instructor. Even though the mass murderer was wearing body
armor, Mr. Willeford struck him twice, which caused him to flee
and stop murdering. In the case of this murderer, he murdered
children, including infants.
Mr. Willeford then pursued the mass murderer in a truck
driven by a passer-by, and directed the police to where he was,
and ultimately the mass murderer passed away from the injuries
sustained in that gunfire.
The heroism Mr. Willeford demonstrated that day was
extraordinary. Mr. Willeford, I will never forget what you said
that day, when I told you that State law enforcement and
Federal law enforcement repeatedly said if you had not acted
and not acted so quickly, that many, many more lives would have
been lost that day. I thanked you for your incredible courage.
Your response, you said you disagreed with the word courage.
You said that you had never been more afraid in your entire
life. At the time, I said, ``Mr. Willeford, courage is not the
absence of fear. It is acting in the face of fear.''
Thank you for the courage you had saving those lives. But
having gone through that horrific Sunday morning, do you
believe if you had been able to access your firearm more
readily, and I would note you are trained, you are safe, you
are a grown man. If you had been able to access it more
readily, do you believe that more people would be alive today?
Mr. Willeford. Thank you, Senator Cruz, for asking me that
question because I truly believe there were 90 seconds. We
timed it both ways, and it was 90 seconds. I need people to
understand that I'm not advocating that no one keep their guns
locked away. I think that the circumstances--your own personal
circumstances will change the situations. My circumstances are,
I don't have any young children in my house, and when I do,
they are away from the children and taken care of where they
cannot get to them.
Again, as I stated, that if I would have been there 15
seconds earlier, Kris Workman would still be walking, and
carrying his 7-year-old daughter. I don't even want to know who
was shot before Kris, because in a minute and a half, that's an
eternity. Who else could I have saved on that day? That will
forever haunt me.
Senator Cruz. Thank you, sir.
Chair Blumenthal. Thanks, Senator Cruz. Thank you all,
again, for being here.
Let me begin by joining the Ranking Member in thanking Mr.
Willeford for the acts of heroism on that day in Sutherland
Springs. Gratitude and admiration for his courage. I agree with
Senator Cruz that it was courage.
But just to make the point to him that far fewer than 90
seconds would be required to use the kind of safe storage that
is available now. On May 25, 2021, we have--
[Holds up cell phone.]
Chair Blumenthal. Technology, and it's on all of our cell
phones, that enable us to press in less than a second. Or, if
we don't like that, in again, less than a second, to access our
phones----
Senator Cruz. Senator Blumenthal, I would note you just put
out on C-SPAN the code on your iPhone, so you might want to
change that now.
[Laughter.]
Chair Blumenthal. I--My life is an open book. I recognize
that it's happened before.
But more to the point, Mr. Willeford, I would like to
continue this conversation with you because our legislation
applies to people who could, and I'm quoting I believe,
``reasonably expect for a child or someone else who should not
have access to a firearm, to have that access.'' Let me just
repeat. In the home of the neighbor where Ethan Song was
playing, that family could and should have reasonably expected
a child to have access because they had a child.
Mr. Willeford has no children. He could be understood to
have no reasonable expectation that a child would have access,
or another person who should be denied access, like a convicted
felon.
This law is narrowly framed. It's not a blunderbuss, mass
mandate overriding individual rights. Mr. Bartozzi has pointed
out that there is all kind of technology now that enables
quick, ready, easy, costless access to guns for self-defense,
if they are needed. There's a whole debate about whether a
person may do more damage and harm if untrained and
unsupervised in a self-defense case. But putting aside that
issue, just to allay Mr. Willeford's concerns about this law,
it's narrowly framed. Technology permits access in far fewer
than 90 seconds.
By the way, although many would recommend that guns not be
stored loaded, there's nothing in this law that forbids a gun
to be stored safely and securely, but loaded, ready to be used
in the kind of circumstance that Mr. Willeford encountered.
Mr. Bartozzi, I must admit that I'm left scratching my head
about the argument that, somehow, education and training are
incompatible with this law. Maybe you could explain why that's
so when we know from other safety--health and safety law that,
in fact, education is promoted by people knowing that there is
a legal requirement.
Seat belts. Buckle up. Childproof caps. Be careful. There
are educational campaigns designed around these laws. I will
tell you in the State of Connecticut, as you well know, the
Song crusade for Ethan's Law was hugely educational. It created
a massive amount of awareness about this problem. Maybe you can
explain your position.
Mr. Bartozzi. Yes. Thank you, Senator, for the question.
The--I may have misspoke here. Of course, education and
training is paramount to everything that we do and everything
that we stand for. There's no question there.
The concern here, from my part, is that the bill creates
what I would call a one-size-fits-all approach to this
situation, not acknowledging that there are differences in
circumstance from household to household, based on experience,
education, and, in fact, training. Whether there are children
in the house, for example, makes a big difference.
I would--again, I don't want to beat this to death, but I
think the penalty clauses in this bill make it somewhat
difficult to comply with in that it's vague in what is
reasonable and secure storage. Once a gun is stolen and used in
a crime, that becomes the sole proximate cause of the action,
which the gun owner then is liable for. I think that is
certainly a bridge too far for a lot of people because you--
even if it's proven that the gun was locked and reasonably
secured, you have to go through facing prosecution, potential
jail time, to clear your name of that, and try to prove it to a
jury of your peers.
I mean, I think there are elements here that we certainly
agree upon. I mean, there is no question that we support safe
and secure storage. We advocate, more than anybody else on this
planet, we advocate for safe storage of firearms. We do. The
record shows it very clearly. The concern is creating another
Federal mandate that would punish gun owners for the acts of a
criminal if the gun is stolen, right? The homeowner is a
victim, yet if that gun is used in crime or a suicide, God
forbid, that because a sole proximate cause. I think there
becomes legal liability that I'm just not particularly
comfortable with.
So, yes. I agree with you that education, of course, is
paramount. But I think there are elements of this law that I
think just go too far to be in my comfort zone.
Chair Blumenthal. Okay. If you were assured that a
legitimate, law-abiding gun owner would not be charged as an
aider and abettor in some crime committed by someone who stole
his gun, which I consider, as a prosecutor, unlikely to the
point of impossible, you would back this legislation?
Mr. Bartozzi. I can't say that I would back the
legislation. Of course, the devil is in the details. I would--I
would certainly commit to taking a look at it, just like we do
with of every other piece of legislation that comes up that
affects the rights of gun owners and the firearm industry,
which we represent.
But I would also point out that the Protection of Lawful
Commerce in Arms Act, in Section 5, does, in fact, require gun
locks to be given out with every handgun. It is a defense if
that gun was locked and is stolen and used in a crime. There
are elements that cross over here that perhaps there is some
consistency, compatibility.
So I will commit to reviewing any proposed changes to this,
absolutely, and have my office, and my staff work with your
office as appropriate to review this.
Chair Blumenthal. Let me say, the NSSF tells gun owners,
quote, ``Always make absolutely sure that firearms in your home
are securely stored, out of the reach of children and other
unauthorized persons.'' It also advises them, ``Unloaded
firearms can be secured with a firearm locking device to make
them inoperable--inoperable, stored in a locked cabinet, safe,
firearm vault, or storage case.'' You recognize that quote, I'm
sure.
Mr. Bartozzi. Generally speaking, yes.
Chair Blumenthal. I think it would be an understatement to
say that we may not agree on all the details, but it sounds
like in practice, and in fact, NSSF supports safe storage as a
practice, but not as a requirement.
Mr. Bartozzi. That is correct.
Chair Blumenthal. That's why NSSF opposes Ethan's Law at a
Federal level. In your written testimony, however, you wrote,
and I'm quoting, ``It is our belief that individual States, and
not the Federal Government, are in the best position to make
the determination of what is best for its citizens,'' end
quote.
Mr. Bartozzi. Yes.
Chair Blumenthal. That's correct?
Mr. Bartozzi. That is correct. And I believe that because,
again, every situation is different. Some rural States, where
hunting is more prominent and prevalent, they teach their
children in different ways than perhaps people in more urban
settings. I think the State legislatures are in a much better
position to know the individual needs of their constituents
than is the Federal Government.
That's all--the point there is the States ought to have a
say in this thing, rather than a Federal Government, one-size-
fits-all mandate from Washington, DC. That is the--that was the
reason why I put that in there.
Chair Blumenthal. Let me ask you, Ms. Song. Did NSSF
support the Connecticut State law, Ethan's Law?
Ms. Song. Yes. One of the things that my husband and I did
was we met with the CCDL. They were the first people that we
spoke with about the law and about safe storage. I want to tell
you that they sat down with us, and they were really proud
about how they stored their weapons, because they did have
children in their house, and they did understand how deadly
these weapons were.
I also wanted to share with you one of the Republican
comments that was made to me, when they voted Ethan's Law out
of Committee, by Representative Bizzarro. He shared with me
that when he was young, his house was broken into, and he would
never forget the fear that his family felt. And so he was going
to make sure that his three daughters were protected from any
intruders. But after listening to my story and hearing Ethan's
story, he decided to go out and buy a biometric safe, and he
places it now on his nightstand. He told me, ``We can do both.
I can do both. I can protect my family, but I can also protect
my children from any internal dangers.''
It hadn't dawned on him that his children could gain access
to his gun. You know, he felt like you could do both. You could
protect your family at the same time as keeping the guns out of
your children's hands.
Chair Blumenthal. There were Republican legislators who
supported it?
Ms. Song. Yes. There was overwhelming bipartisan support. I
want to say maybe 4 days after we talked about Ethan's Law,
Vinnie Candelora, who is one of the Ranking Members in
Connecticut's Republican House, not only supported it, but
helped us champion the law.
These were Republicans that had never voted for a gun
legislation in their entire life, and I probably would bet they
will not vote for another one. But they understood that this
was not something that the NRA doesn't ask, that the NSSF
doesn't ask for.
That safe storage is--you know, I spent the weekend going
through all of the material of the NRA and the NSSF, and there
was not one place that I read or watched where it said that you
should leave a loaded, unsecured firearm in your home if you
have children. I'm just asking them to do exactly what they so
meticulously and so brilliantly explained for each gun owner.
We're not going after the responsible gun owners. We're
going after the negligent gun owners, as in my case. Ethan's
best friend grew up with guns. He was trained by the NRA on
guns. His father took him to the shooting range. His father
carried a gun for work. This was not a child who was unfamiliar
with how to safely handle a firearm, and yet he went into his
father's closet, pulled out the shoebox with the three guns and
bullets, and introduced my son to what would be his ultimate
death.
Chair Blumenthal. Mr. Bartozzi, does the NSSF support
Ethan's Law in Connecticut?
Mr. Bartozzi. Senator, I don't recall if we actually came
out affirmatively to support it. I don't believe we opposed it.
Recalling that Connecticut already had a safe storage law
already on the books.
I would add just one other thing here. You know, what we're
talking about from the NSSF perspective is a proactive approach
to educating people. This--many of these laws would only come
into effect after the tragedy has occurred. We're trying to
prevent these things. Right? It's more important to prevent a
tragedy than to deal with the pieces afterwards. Because who--
what prosecutor is going to prosecute a family of a child who
was killed by one of their guns? It would be very difficult to
do so.
We're trying to get ahead of this thing. We're trying to be
ahead of the curve, educate people on what we believe to be the
best practice here for keeping guns safely, but also
recognizing there are different circumstances from household to
household and from State to State.
Again, we're looking at it from perhaps a different
perspective. There's a lot of common ground here, but there are
issues where we would not be comfortable.
Chair Blumenthal. But NSSF never supported Ethan's Law. And
it doesn't today.
Mr. Bartozzi. I can't say that. I don't know, as I sit here
today. I don't know.
Chair Blumenthal. You represent that organization.
Mr. Bartozzi. Indeed, I do.
Chair Blumenthal. You speak for it today.
Mr. Bartozzi. I support the----
Chair Blumenthal. Will you support Ethan's Law today?
Mr. Bartozzi. Are you asking if the organization
affirmatively supported it when it was in legislation? I don't
know. I don't know the answer. I just--I simply don't know as I
sit here today.
Chair Blumenthal. You don't know whether your organization
supported Ethan's Law?
Mr. Bartozzi. Supported it at the time?
Chair Blumenthal. My recollection is that you didn't. In
fact, that you made statements opposing it.
Senator Cruz. I think he may be confused between your
Federal bill----
Chair Blumenthal. No. I'm talking about Connecticut.
Mr. Bartozzi. In Connecticut. Okay. The law in Connecticut,
we believed, went too far in some instances. Obviously, we
support safe storage. That is the reason I'm here. That is the
sum and substance of my testimony.
Chair Blumenthal. I'm asking you about Ethan's Law in
Connecticut, which you opposed. Correct? Now, you thought it
went too far.
Mr. Bartozzi. I----
Chair Blumenthal. And I welcome your being willing to talk
to us here, at the Federal level about the specifics as you
just indicated. But I think it's important to recognize that
even at the State level, despite your testimony here today, you
opposed it then. Have you supported safe storage laws in any
State?
Mr. Bartozzi. We do oppose mandates for safe storage. We do
support education and training. We support safe storage of
firearms. Where we get concerned is the Government mandates and
the penalties imposed on gun owners.
So, the answer--well, the short answer is no. But we do
believe there is common ground here, which is why we advocate
for safe storage in the first place.
Chair Blumenthal. The common ground is the same common
ground we would have on seatbelts, where we agree seatbelts are
important and necessary. By the same logic, you would oppose a
mandate for seatbelts. You'd oppose other public health and
safety measures.
And so my understanding is that NSSF has never supported,
indeed universally opposed, these kinds of laws elsewhere.
I'd like to ask Dr. Haasz, because you've experienced this
problem in a way that, I think, is difficult for us to
comprehend. You've seen the ghastly, gruesome results that the
paramedics wouldn't even show Kristin Song.
Could you tell us whether you think that these kinds of
laws can be preventative of these kinds of tragedies? Mr.
Bartozzi has indicated again, somehow they're--they're
incompatible, or they would diminish the effects of
preventative action.
Dr. Haasz. My concern----
Chair Blumenthal. If you could turn on your microphone
again.
Dr. Haasz. Sorry. I could share my experiences both as an
ER physician, which I have spoken about some, and also as a
researcher because there is data to support--to support safe
storage laws.
Education, I agree, is critically important when it comes
to safe storage. Much of my research is focused on providing
this education, in the emergency department, to kids who are at
risk for suicide, to families who own firearms who have
toddlers in the house. However, I don't think education is
enough. Education has to be coupled with mandates.
Our kids, who are getting hurt, who are getting injured,
don't get to vote. It's our responsibility to keep them safe.
We know that multiple States have child access prevention
laws that go to different extremes, and we know that the
stronger child access prevention laws have improved--have seen
steeper declines in their rates of injury and death for
children. I actually do think that creating a policy is
preventive. Creating laws isn't so that we can punish people.
Creating laws is so that we could educate people about these
laws, and they follow them.
Creating laws about car seats wasn't so that we could
punish people who don't put their kids in car seats. It's so
that universally, now, people put their children in car seats,
and children are not dying in car accidents. I think this safe
storage law is very similar and provides the impetus for people
to follow the laws, provides the impetus for us to educate
families about safe storage, and really increase safe storage,
and take care of our kids.
Chair Blumenthal. Thank you. Let me ask Dr. Bonar. Do you
agree that requiring safe storage would be preventative both in
education and in encouraging people to adopt the kinds of new
technology that is available?
Dr. Bonar. Yes. Thank you, Senator Blumenthal. I do believe
that public education and public health efforts that lead
toward behavior change are what we need to move forward to
prevent unintentional injury and the loss of life. I think that
the examples that we just heard, whether it's car seats, or
seat belts, and we have many others that we can talk about, are
examples of this. I think that those are efforts that honor
constitutional rights, as well as serve as broad public
education that results in behavior change that saves lives.
Chair Blumenthal. Thank you. I just have a few more
questions, but I appreciate all of your patience, and the
Ranking Members as well.
Kristin, the Ranking Member mentioned legislation that
would provide for tax deductions and grants. Is that enough?
Ms. Song. No. But we don't oppose that. In fact, when we
chatted with the CCDL, they said, ``Hey listen, we want an
educational program a part of Ethan's Law,'' and we said,
``Absolutely, 100 percent.''
Anything that will--anything that will create a cultural
shift so that people naturally, instinctively, lock up their
guns when children are around, you know, we don't--you know,
we--in Connecticut, I will say that one of the things that I
thought was so amazing was that we really put our partisan
parties aside, we put our egos aside, and we spoke to each
other as parents. And so, as parents, you know, we all agreed
that our children's life, our children's safety was paramount.
You cannot even begin to imagine the pain of losing a
child. It is--destroys your world. It destroys who you are. It
destroys your family. It destroys your community. My son, who
is a senior at BC, asked me the other day as we were sitting on
the couch, ``Do you think you'll ever be the old you? We miss
the old you.'' The answer is no, you know? You're broken. You
are forever broken. There's just no way to fix it.
We are all for anything that brings this cultural shift to
this country, so that people can own guns, defend their
families, but, at the same time, keep children in their home or
children who are visiting safe.
Chair Blumenthal. I will just say, from my experience, that
your remarkable attitude really brought people together on both
sides of the aisle. It made this issue of safe storage
distinctive and separate from other issues relating to gun
violence, which is the reason why it had such overwhelming
support.
I agree with you also that tax deductions for people who
purchase safe storage means and mechanisms, I would support
it----
Ms. Song. Our----
Chair Blumenthal [continuing]. As part of a safe storage
law.
Ms. Song. Our foundation actually hands out, free of
charge, biometric safes. We are absolutely, 100 percent for if
you want your gun, go for it. But you need to be responsible.
Chair Blumenthal. Grants for education programs?
Ms. Song. Absolutely. You know, we've already started
creating a curriculum in Connecticut. We're really excited
because I think Connecticut is going to lead the way in
educational curriculum for gun safety.
Again, you know, we're not opposed to that. We totally
agree that education could absolutely impact some children. But
at the same time, there are some children, like Ethan, like his
best friend, who was very educated on gun safety. Teenage boys,
teenagers, they are stupid. They engage in risky behavior. As a
parent, if you don't understand that, then you're kind of
fooling yourself.
I have not found one person yet who hasn't engaged in some
risky behavior during their life, even though they've been told
by their parents or have been educated that it was not safe or
appropriate.
Chair Blumenthal. Again, extending the analogy to the seat
belts, or the air bags, or other car safety features, the fact
that we require seat belts, or air bags in cars doesn't mean
we're taking away your cars.
Ms. Song. Absolutely not.
Chair Blumenthal. Or your license to drive them.
Ms. Song. Absolutely not. Truly, I mean this from the
bottom of my heart, we do not want to take anyone's guns away.
We would really just want to create a cultural shift like we
did with Mothers Against Drunk Driving.
When I was in college, I was stopped at a sobriety
checkpoint in upstate New York. I was not driving, but I
remember, because I was shocked, the police officer leaned in
and said, ``Who's the most sober in this car?'' You know, my
friend raised her hand, and they switched. She wasn't the most
sober in the car. That was the attitude back then, and it
wasn't until we had this--you know, until we realized how many
people and how many children we were losing to drunk driving
did we make that cultural shift.
My children--you know, when I say to them, ``Don't drink
and drive.'' They look at me like I'm crazy. That's really how
Mike and I envisioned this law. It's that people would--you
know, in 20 years there would be just this incredible cultural
shift, with the technology, so you could easily access your
guns, so you could protect your family, but at the same time
protect your children internally, in your home.
Chair Blumenthal. In fact, many State laws authorize judges
to require that there be steering wheel locks with breathalyzer
tests for people who have violated laws against drunk driving,
so that they can't even operate the motor vehicle----
Ms. Song. Correct.
Chair Blumenthal [continuing]. If they have had a drink.
Let me just finish by saying to Mr. Bartozzi, I'll make a deal
with you. And it's really an offer to my Republican colleagues.
I'll support, and I do support, the tax deduction and the
grants in H.R. 8631 and H.R. 1883 if you will support Ethan's
Law.
Mr. Bartozzi. Should I respond to that?
Chair Blumenthal. I'm not going to ask you to say no now
because I hope maybe we can--or yes. Because I hope you'll
think about it. It is a very serious offer, and it's not meant
to put you on the spot. It's not really meant to you
personally. It's really meant to people who are thinking about
this issue in good faith, and who want to save lives.
You have testified in effect taking some credit for
reducing gun deaths by your distribution of safe storage
mechanisms. It is a matter of life and death. If we can reach a
bipartisan consensus here--and I think it's within reach
because it makes such commonsense--I think we can do a lot of
good for a lot of people.
Eight children every day unintentionally kill or injure
people as a result of an unsecured firearm in a home. Even
after all you've done, 40 percent of all the households that
have guns do not practice safe storage. I think we can do
better. I think the gun owners of America, more than 60
percent, believe in safe storage. The vast majority of the
American people believe in safe storage. Republicans, by I
think it's 70 or 80 percent, believe in safe storage.
I'm hoping that we can do better. This hearing has provided
an important step in that direction.
Senator Cruz, if you have any--I really want to thank you
all for being here today. You have been excellent to Mr.
Willeford and Mr. Bonar. Thank you. Thank you to each of the
witnesses who is here in person. You've been extraordinary, and
we thank you.
This record will remain open for 1 week in case anyone
wants to submit written questions. This hearing is closed.
Thank you.
[Whereupon, at 4:30 p.m., the hearing was adjourned.]
[Additional material submitted for the record follows.]
A P P E N D I X
Miscellaneous submissions:
American Psychological Association (APA)......................... 57
Major Cities Chiefs Association.................................. 56
Sandy Hook Promise, Testimony of Nicole Hockley.................. 59
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