Experts say political attack ads about guns are false

By David McGrath Schwartz

Sunday, Oct. 17, 2010 | 2 a.m.

In a campaign season of over-the-top ads, one stands out.

A series of mailers accuse at least two Republican legislative candidates of supporting convicted rapists’ and other felons’ possession of handguns.

The claim, made by the Nevada State Democratic Party, is false, according to gun law experts in Nevada and nationwide.

Tim Williams, a Republican challenging Democratic incumbent Assemblywoman Marilyn Dondero Loop, has seen three such mailers raise that allegation in his race.

Sen. Barbara Cegavske, R-Las Vegas, a top Democratic targets this election season, said mailers raising similar allegations against her have been sent to voters in her district. Cegavske is running against attorney Tammy Peterson.

“It’s absolutely not true,” Cegavske said. “Why in the world would you say such a thing?”

Williams called the attacks “outrageous.”

State Democratics are focused on holding their two-thirds majority in the Assembly and gaining seats in the Senate, where they hold a 12-9 advantage.

The U.S. Senate candidates, aided by tens of millions of dollars, have flooded television airwaves with almost purely negative ads. Political operatives say in this atmosphere, getting voters to pay attention to a positive message is almost impossible.

Democrats have learned the negative approach works: In 2008, Democrats took control of the state Senate by aggressively attacking two Republican state senators from Las Vegas, Joe Heck and Bob Beers.

One attack by the state Democratic Party accused Beers of being under an ethics investigation when in fact it had been dismissed after a preliminary review.

(Beers sued the state party for libel. Under a settlement, the party paid $2,500 to a charity and wrote a letter to Beers in which it admitted the charges were false.)

The gun mailers feature frightening images. One shows the tagged toe of a woman at the morgue. Another shows a gun permit that says “John Doe” was convicted as a rapist. And a third has a man pointing a gun at the camera with the words “How does a convicted rapist get a gun?”

The mailers include accusations that the Republican candidates “would let convicted felons — even rapists — carry a gun.”

State and federal laws prohibit a felon from possessing a firearm.

“Federal law says who can buy a gun, who can own a gun,” said Frank Adams, executive director of the Nevada Sheriffs and Chiefs Association. “An ex-felon is not allowed, unless they have their constitutional rights restored.”

And, state laws on concealed weapon permits are separate from provisions about who could own or possess a gun.

“A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person ... has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America,” according to state law.

The mailers cite surveys the candidates filled out for the advocacy group Gun Owners of Nevada. The group asked if candidates support repealing state laws that require legal gun owners to get permits to carry the firearms concealed — a law separate from the laws that make it illegal for convicted felons to possess a gun.

Democratic State Party spokeswoman Phoebe Sweet said the party stands behind the ad. Loop and Peterson did not return calls for comment.

Williams said the mailer was particularly distasteful given he had a close family member who was sexually assaulted. Democratic Party officials said they knew nothing about the sexual assault.