good evening from new york. i'm chris hayes. tonight as the bitter battle over selling safer, smarter guns continues to rage. there is no relief from tragic headlines this georgia, news a 6-year-old shot and killed a 75-year-old relative. one of four accidental shootings that have taken place since saturday alone. last night we brought you our investigative or the are about a new digital smart gun that can only be fired by an authorized user. it's faced fierce opposition from the gun rights establishment. >> what if there was a gun a child couldn't shoot with the technology to ensure it could be fired only by the owner? that exists. it's real. i held it. i fired it. >> good shot. >> wow. >> how does it feel? >> amazing.

it feels like a massive step forward, like the iphone of firearms. a smart gun. there is just one problem. you can't buy it anywhere in america. that's not because it is the illegal and not because its manufacturer isn't trying to sell it. >> now the question is can you sell it? >> the demand is there. i receive e-mails constantly from people wondering where they can buy the and guns. red means you are uh not an authorized user or you have not activated the watch. >> when you grip that, it's telling you eight now you cannot fire the gun. >> correct. >> the ip-1 smart gun only functions if the owner is wearing a special watch. >> my code is entered. it says it's good. hit enter, pick up the gun and it's green. green means i'm the authorized user and ready to fire. >> if the watch and gun are separated by more than ten inches after, say, a suspect wrestles it from a police officer the gun stops working.

>> putting the ammunition in. i can fire take the wristwatch away. it is more than ten inches. the grip says i cannot fire. i pull the trigger, i get nothing. i return here within ten inches, pull the trigger -- [ gunshot ] >> twice gun sellers announced plans to sell the smart gun and twice have reversed after an intense backlash from gun rights activists. we spoke to andy raymond when he still planned to sell the smart gun. >> this is all about freedom. >> it is, man. >> century when the nra, the bass chon of great freedom say it should be prohibited that's hypocritical. they are bowing down to free. they are afraid. so they bow down and that's cowardice. that's not what people for fee dom do ft. you fight for what you believe. you don't bow down. >> he slept in his store out of fear it would be burned down.

in an emotional video he asked for forgiveness. >> we won't sell the pistol. i will not be part of anyone [ bleep ] over anyone when it comes to guns. i believe my principles correct. unfortunately maybe i was wrong. i don't know. >> after we reported on andy his company facebook page, once the site of vitriol was filled with support. he did the right thing. if i'm in the market for an a.r., i'm coming to you. raymond's critics pointed to a 2002 new jersey law that requires once a smart gun is sold miles an hour in the country, gun sellers in new jersey must within three years take other guns awe off the shelf and sell only smart guns. that law had the unintended

consequence of rallying opposition to a single smart gun being sold in america. one of the chief backers, loretta weinberg said she would move to repeal the law on one condition. >> if the nra, the gun owners of america, the people who stood in the way not only of the retail sales, they have also gone after gun manufacturers who were beginning to develop other technology other than armitex. if in fact they would get out of the way of preventing the research development manufacturer distribution and sale i would move the to repeal this law in the state of new jersey. >> we reached out to the nra for response. would the organization oppose the smart gun, soften the stance if new jersey was willing to peel the gun control law? we asked for someone to come on the show to respond or at least

give us a statement. we have heard nothing back. joining me now is larry pratt, executive are director of gun owners of perk, the other organization that loretta weinbergle called out last night. how about it, larry? >> well, how about a product that's only 80% effective -- >> last time you and i talked you said this. where is the number from? >> from the new jersey institute of technology. >> on the this gun? >> that's a problem -- >> wait a second. that's the point. >> if the product is for sale -- >> if you think it's bad in the current iteration -- >> we have to oppose her mandate though the law -- >> you're talking out of both sides of your mouth. here is the question. will you back off and allow it to be sold and not swarm people's facebook pages and tell people you oppose it and not sic gun owners of america on they will. okay, we'll take away the

government mandate. if you think this is a bad product why don't you trust the market to render the judgment? >> the market won't render a judgment thanks to her bullying by her legislation. therefore -- >> she's saying she'll repeal it. >> wait. this product isn't ready for primetime. >> tell me why you single handedly -- >> 20% of the time it won't work. you're asking people to put their lives the hands of a product like that? >> wait a second. larry, why do you not trust consumers to render the judgment? i'm not going to run every consumer decision for everyone in america by larry pratt. why should you is the veto over what consumers choose in the marketplace? >> are we going to say -- >> why do you not trust the market to render that decision? >> is it okay to put on the market a car that 20% of the time explodes on you and causes

you harm or death? that's not the kind of -- our society -- >> wait. you would like to see the government regulate guns the way they regulate cars? >> no, the senator is imposing a mandate, violating the statute, sticking a faulty product in our hands we don't want. the way she set it up it only takes one dealer and the state of new jersey loses the ability to buy a decent gun for years. >> she's offering to repeal it if you withdraw your on opposition to this being sold. >> you do what i say and then i'll be nice to you. i don't think so. >> thank you very much. i want to bring in the grandfather of 6-year-old ben wheeler who died in the mass shooting at sandy hook elementary school. he wants a gun locker only to be

opened by the fingerprint of a gun owner. your family suffered a tragedy with the belief there was a way to find smart technology to prevent further tragedy. >> absolutely. the fact is we liken it to a seat belt. it's very difficult to foe exactly how many automobile deaths seat belts have saved. there's a one-third reduction in automobile deaths since seat belts have been implemented. we see a similar type of opportunity with the locking station. there are dozens of gun safety devices in the marketplace today. we fit into niche which wasn't addressed in the past. we are using technology to enhance gun safety that gun

owners have supported for many years. >> what's your reaction when you see the product you have been working on is a lock for existing guns. obviously the product we talked about is a gun itself that has the built in safety. what's your response wen you see gun owners of america, gun activists on facebook unleash such vitriol on people trying to develop technology to make guns safer. >> i can't honestly say i fully understand exactly what the issues are. by the way, i know why there is a second amendment. i fully support that second amendment. there have been many instances in the history of this planet where despots have taken control of countries and the first thing they do is remove guns from the hands of innocent people. so that's not the are issue we

are trying to address. we are talking to gun owners, nongun owners alike. both of whom seem to support the fact that there is such a thing as gun safety. ironically, it's less than a mile from sandy hook, supports child safe. it's a program they have. their mantra is, own it, secure it, respect it. you have a weapon, it's unconscionable to have an unsecured, loaded weapon hanging around the house. >> carmen, thank you for your time tonight. >> my pleasure. >> joining me is robert spitzer, author of the politics of gun control. it's fascinating to me the outsized role the short gun has begun to take on.

it was mentioned at the nra convention. it looms large. i don't quite get it. explain to me why. >> there are two things at play. the first is control. the nra is all about control of the issue. i think that's more important than any other consideration. the second and related part is the fact that industry generally, and there are exceptions to be sure, but industries generally are leery of change and technological innovation. there are many examples of that. there was a brief mention of the auto industry. we know it was dragged kicking and screaming to auto safety and improvements in automobiles. american automobiles back in the 1950s, '60s and '70s saying safety wouldn't sell. it was too expensive. the technology was unproven, et cetera. because of government regulation and public pressure, the big auto companies were brought into line and we accept today all sorts of safety features. there is no counter veiling

pressure you can identify that would have a similar beneficial effect on the gun community in the nra because of the ability to control people within its realm to control the messaging to them which is a key element of how they get things done. that degree of political control is the overarching concern about the issue. >> it seems you have a situation with a small core of folks who are essentially enacting policy through threat and intimidation. you have a small group of people doing ghastly, thuggish things like offering death threats to people who dare to cross them. that's a nontrivial part of how gun politics play out. that's a significant chunk even if not a number in the kind of core constituency of folks standing in the way of common sense changes. >> that's the dark underside of

this constituency. people respond anonymously and can do so instantaneously from anywhere around the country or the world. that anonymity feeds -- you see it in all forms of communication within the internet, but it feeds dark responses, the veiled threats and frankly the express threats that your guest last night talked about that he received. he's a gun guy through and through. most gun owners really don't operate that way, don't respond that way. but there is enough of a really dark base that has been fed a steady diet of paranoia and apocalyptic rhetoric that all the nra has to do is hit a switch and they are unleashed. >> thanks for your time. >> good to be with you. >> coming up, what do the koch brothers have against jack hannah and his animals? you do your shop from anywhere thing,

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it is election day which means one thing. two of of the most powerful right wing billionaires in america are flexing political muscle in the unlikeliest of places. >> what's going on with these brothers who made billions last year and attempt to buy our democracy is dishonest, deceptive, false and unfair. >> the koch brothers learned the more they throw their weight around in american politics the more enemies they make. they have earned the wrath of harry reid and democratic senate candidates across the country. in their desire to leave no stone unturned, no local election untouched they made an unlikely enemy, this guy. >> when i was little zeus taught me to love animals and understand the world they live the in. >> yes, jack hannah.

he's the director emeritus of the columbus zoo and aquarium. why is jungle jack mad at the koch brothers? because the koch-backed organization americans for prosperity are lobbying against a small tax increase to help fund the zoo jack hannah is the face of. >> the billionaire koch brothers may be best known for spending big to influence presidential campaigns. they are now tying to throw a monkey wrench into the columbus zoo levy. >> tonight they will vote to support the maintenance and expansion of the columbus zoo and aquarium. a percentage of franklin county property taxes go to fund the zoo and issue 6 would influence that portion of the property tax. hannah has been lobbying for es dents to vote yes on 6. >> please help us with issue 6. this is a cheetah, by voting for issue 6 we can help save the species and educate our children. >> but americans for prosperity

has jumped into the race like an 800 pound gorilla, urging the voters to vote no. in misleading mailers sent out to franklin county voters featuring a gorilla they called it another money grab and asked voters can you afford 105% property tax hike? >> the local anti-levy group agrees the flyer is deceptive. >> what is your taxeses will be raised 105% -- >> but the zoo portion. >> bring with the koch brothers. >> issue 6 would not increase property taxes 105%. if that were the case americans for prosperity wouldn't need to get involved. in fact, say you own a $100,000 home. issue 6 would increase your

property taxes somewhere between 1% and 2%. that's $23. >> i didn't build the zoo. put the $21 aside. what's at stake here? >> the frustration isn't stopping the americans for prosperity from getting involved in a local tax levy at a community zoo. while the koch brothers don't like you nosing around their business, they have no problem getting involved in yours. joining me now is michael coleman, democratic mayor of columbus, ohio. are you surprised by americans for prosperity entering into the franklin county tax levy issue? >> i am surprised. these are out of towners coming into a city like columbus trying to tell an intelligent electorate how they should be voting. the zoo levy may not pass but not because of the koch brothers.

democrats and republicans alike don't like to be told by two billionaires living some place else in america how we should be taxing ourselves in columbus. the republican leading business community feels the same in the city of columbus. i can tell you the republican leaning newspaper if in the city of columbus has editorialized against the koch brothers coming to columbus and telling us how to vote on something that only we care about. i can tell you the koch brothers don't care about the citizens of columbus or any of us that live in this community. >> the columbus dispatch editorializing this way. voters should decide the zoo issues. not carpet baggers who don't live here and don't care about our community. tell me the honest truth.

you're just in the pocket of big zoo. >> i have to tell you something. this is incredible that the koch brothers are interested in a zoo levy. it tells me they will be involved in the school board races. >> yep. >> the city council races, every issue before the voters in the city of columbus and they will tell us how we should be deciding how we govern ourselves, how we tax ourselves. i'm here to say along with democrats and republicans, independents alike, koch brothers, stay out of columbus. we can make our own decisions. >> there is an asymmetry here. i'm amazed at the way americans for prosperity is on oh rating is anywhere anyone is trying to raise taxes it is as a matter of

principle wrong and we'll spend money to defeat it or anyone trying to regulate anything -- we looked at iron works in wisconsin today bent after. a school board election in iowa. there is no liberal version of that where there is a liberal think tank saying looking oh to see are where people are raising taxes and coming in to sport the zoo tax levy. in franklin county the thinking is, well, if the people want to tax themselves more for the zoo, god bless them. >> maybe this is the strategy. let me roll the this out. let's the talk about it. columbus is the center of politics in the state of ohio. as columbus go, so goes ohio in presidential races. in 2012, the president, the opponent and the vice presidential candidates were in columbus 77 times in 2012. more than any other city in the nation outside the city of new york. the koch brothers are are probably thinking, how do i manipulate the votes in the city

of columbus, not just on tax levies but every kind of election we are faced with in the city of columbus. that may influence a presidential election. i don't know. >> i should note we asked americans for prosperity and the koch brothers to come on. they declined. afp sent a statement defending the math in the letter. thank you for your time. >> thank you. >> coming up, remember chief justice roy moore? he was thrown out of office after refused to remove a monument to the ten commandments. he's back. [ female announcer ] what's a powerful way to cut through everyday greasy messes?

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>> ousted for failing to remove the monument erected in the state courthouse. >> i have no regret. i have done what i was brought to do. >> remember roy moore? it's been 11 years since he refused to remove the ten commandments statue. today he's back. he was a right wing celebrity in the after math of his demise barnstorming the country with a novelty replica as a middle finger to the secular progressives who insist on the separation of church and the state. moore ran for governor of alabama in 2006 and got smoked in the republican primary. in 2010 he came in fourth in the republican primary. in 2011 formed a committee to run for president. when he didn't find a groundswell of support moore focused back alabama. >> technically he wasn't impeached so he could run for the job. he did and narrowly won and has

been back on the bench of alabama's highest court for a year. today chief justice roy moore is in a new controversy because of remarks from raw story. in january at an anti-abortion event in mississippi standing next to his novelty ten commandments statue, the chief justice went on a tirade about who the constitution's first amendment covers. >> everybody to include the united states supreme court has been deceived as to one little word in the first amendment called religion. they can't define it. they can't define it when the way mason, madison and the united states supreme court defined it. the duties we owe the to the creator and the manner of discharging it. they don't want to do that. that acknowledges a creator, god.

buddha didn't create us. mohamed didn't create us. it's the god of the holy scriptures. >> amen. >> they didn't bring a koran on the mayflower. let's learn our history. stop playing games. >> roy moore of a decade ago may have stuck to his guns after a video like this was unearthed. this time he's doing the alabama walk back telling that he believed it applies to the eights god gave us and as far as religious liberty to all people regardless of what they believe. even roy moore knows he has a limit. the sad thing is tomorrow he'll the still be the chief justice of the alabama supreme court. joining me now susan watson from the aclu in alabama. what does it mean to have one of the most authoritative figures

in alabama have juris prudence to the first amendment. >> it is cause for concern. i wonder if everybody that appeared before him would be treated equally and fairly in the court. i'm astonished that he so frequently is out in the public making disparaging remarks about people of religion. earlier this year he was weighing in on marriage equality for same-sex marriage. he is a sitting justice in the alabama supreme court. >> he will have cases of people who are muslim, hindu, all faiths come before him. >> absolutely. >> and cases that involve the separation of church and state or establishment clause issues. you have to wonder if you can expect a fair shake from a person given authority by the state to render judgment over you. >> i wouldn't feel comfortable appearing before him at all. >> here's my other question. how did he get back in the state supreme court?

i thought we turned the page on the roy moore chapter of alabama history. >> in 2012 he was re-elected. he's back. >> are you in the long tussle you have been with -- and i mean the aclu of alabama has a long history with roy moore. are you in any kind of current oppositional litigation stance with him? >> not at the moment. we are not. but you're right. we have had a long history with judge roy moore. we will be ever vigilant. and ever ready to protect the rights of the citizens and the people of alabama, their constitutional rights guaranteed by the bill of rights. >> does it mark progress in terms of alabama and nationally the fact that roy moore felt he had to walk it back after he

came out, he did have to say, i do believe the first amendment applies to hindus and muslims? >> i think you're right. that is some progress on george roy moore's behalf. maybe he's checking himself a little bit. we will forever watch him and make sure everybody's rights are protected here in alabama. >> susan watson, thank you so much. >> thank you for having me. >> if you are an olympic snowboarder, what's the biggest threat your sport faces? t is stg and fights pain at the site of inflammation. advil has the strength and speed to help you move past pain. advil. make today yours.

de>>who's got twond rhooves and just got ae. claim status update from geico? this guy, that's who. sfx: bing. and i just got a...oh no, that's mom. sorry. claim status updates. just a tap away on the geico app. how about a product only 80% effective -- >> last time we talked you said that. where is the number from? >> from the new jersey institute of technology. >> were you watching that

earlier tongith? larry pratt making his favorite claim about the supposed failure rate of the smart gun technology we have been reporting on. i would like to do a fact check on the figure from the new jersey institute of technology. he has the number right. 20% failure rate, except that study wasn't of the armitex smart gun. it was the rate of a prototype fingerprint recognition technology being tested 11 years ago. really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text.

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oyster growers in washington, corn producers in iowa, maple syrup producers in vermont, pine beetles devastating pine forests across british columbia. torrential rains like the nashville floods of 2010. drought and wildfires in the southwest. superstorm sandy and coastal flooding on the east coast. all of those examples are found either attributed to or consistent with what scientists

expect in a warming climate. the national climate assessment released today they conclude climate change once considered an issue for the future has moved into the present. the report is based on the work of 13 agencies and 60 committee members from local and state governments and the private sector including representatives of big oil. it gets specific. the oyster farmers are hit because rising co2 levels are making the oceans acidic, killing oysters. in a breathtaking region by region assessment, the report states droughts will be worse this the southwest while flash floods due to torrential rainfall will plague the northeast with more heat waves. the observed change in heavy precipitation is already 71% in the northeast from 1958 to 2012. longer growing seasons will initially benefit some crops, but that will be off set by the increase of extreme weather events. president obama has chosen to draw attention to the report by

talking to meteorologists including nbc's own al roker. >> whether it's increased flooding, greater vulnerability to drought, more severe wildfires, all of these things are impacting americans as we speak. >> since the president plans to use the findings to buttress plans to enact new regulations to lower greenhouse gas from the new and existing power plants mitch mcconnell took to the senate floor this morning in a preemptive strike. >> use the platform to new the call for a national energy tax. i'm sure he'll get loud cheers from liberal elites, from the kind of people who leave a carbon footprint and lecture everybody else about low-flow toilets. >> i'm sorry. why are the kentucky senators so obsessed with toilets? >> everything costs more to retro-fit toilet that is don't work that no bureaucrat

understood or flushed before they made us use them costs money. it will cost thousands to add a jet stream to the toilets. we don't save money. we flush them ten times. they don't work. >> the senators are working out flushing issues we are not aware of. guess what, it's not about the toilets, the jet stream or the low flow. it's about air quality and sea levels rising between one and of the century. disease transmission and infrastructure. it's about the burning of fossil fuels as a primary driver of the last 50 years of warming temperatures. senator sanders, do you see this in vermont? >> absolutely. i live close to lake champlain. used to freeze up quite frequently. now it's rare. talk to the tourist industry, ski and snowboard industry, they are worried.

this year was good. the maple syrup industry are very worried about what climate change means to the great maple syrup i am addicted to in vermont. >> i wonder if the constituencies at the front edge of this will get organized to counter the kind of political power necessary to counter folks on the other side like the fossil fuel industry. >> listen, you're right. what we are seeing now is what we saw 30, 40 years ago with the tobacco industry. huge amounts of money coming into the political process to deny the obvious. that's that climate change is real, causing devastating problems now. it will only get worse if we don't transform our energy system. the good news here is we know exactly what to do. we know if we invest in energy efficiency and weatherization, we can cut back on greenhouse gas emissions significantly.

we can save people money on fuel bills and create jobs. we know we should be investing in wind and geothermal. those technologies will only improve, become more cost effective. when we do that, we create win-win situations. we help save the planet, lead the world. get china and india to follow us and we create jobs in this country. >> if there is a dawning awareness of folks in the maple industry or snow tourism in a state like vermont -- you spend a lot of time as a relatively small state. i know you and the way you interact with constituents. you spend time talking to them. is there a connection between climate change as an abstract thing and what's happening around them? >> look. we had a few years ago this

tropical storm irene. it was the worst extreme weather disturbance we have had since the floods of 1927. do you think people were with unaware of the impact of global warming? i think all over this country people are seeing with their own eyes this is not a theoretical debate. they see what is happening to the planet. you talk about fisher men seeing it. the ski industry, farmers who see the change. trying to combat more extreme forest fires and more than ever before. most people who aren't under the influence of the koch brothers and the fossil fuel industry know the severity of the problem and understand that if we do not get the act together and transform the energy system away from fossil fuels into energy

into sustainable energy this planet will face huge problems in the years to come. >> senator sanders, always a pleasure. thank you. >> thank you. >> a climate scientist and olympic snowboarder will join me next. when does your work end? does it end after you've expanded your business? after your company's gone public? and the capital's been invested? or when your company's bought another? is it over after you've given back?

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you. you are a lead author on the report that came out today. you are an evangelical christian. >> right. >> who is married to a pastor and you're a climate scientist. how does this work? >> all of the above. it's a lot of juggling. >> do you have confidence that the folks that you are in fellowship with at your church are persuadable about what's happening when you work on this report you've got two lives. the life world you live in and your professional life. when you work on a report like this do you think is anybody going to be persuaded to read this? is that what you are thinking when you're working on it? >> absolutely. you could do the best science in the world. if no one reads it, no one uses it to make smart decisions, what's the point? >> when people say you climate scientist hoaxers, warmists and

liberals, you are saying anything that's weather is climate. we had flood ins the past and heat waves. anything bad you point at climate change. what's the proper response to that? >> chris, have you been reading my e-mails the today? that sounds familiar. >> what do you write back? >> there are good scientific answers to those. one of my favorite websites is skeptical science.com. they have an awesome answer for the questions. here is the deal. nine times out of ten if you sit down, you have a beer, have a heart to heart with someone saying that stuff to you, when you get to the bottom of it they don't have a problem with the science as with the solutions. they believe the solutions are are in conflict with our values, ideology or even worse our faith. >> right. alex, you are coming from a

different place. i imagine you are not also a climate scientist in your spare time. >> i am not. >> you're a snowboarder and congratulations on your olympic medal. why are you fired up about this? >> i signed on with protect our winters to try to educate kids. i'm fortunate to have an olympic medal and use that platform to teach the next generation about how important it is to change. the small steps they can make that can have a big impact. i'm no scientist. catherine can weigh in on the numbers more, but i'm there to help the next generation take steps that we need so kids can enjoy the same upbringing i did in the great outdoors. >> something as basic as winter sports, i have read about ski industries waving the red flag.

what do the climate models say about the country that's dependent upon steady snowfall for a huge part of the revenue of those areas? >> i'm a skier and a snowboarder myself. i'm doing this for the same reason. i want my kids to enjoy what i did growing up. chris, the outlook isn't great. we are losing snow already at lower elevation sites. we are getting a more irregular ski season so we can't count on big money weeks at christmas and new year's at the places we used to be able to 30 or 50 years ago. it's not just affecting the polar bears. it is affecting our water, food, health, our wallet and our recreation. >> do people in the world of winter sports recognize that? is it something people talk about? is there awareness that the universe, the subculture of skiing and snowboarding is

pretty squarely threatened by what's happening. >> yeah. we are some of the fist affected. i had to move. i was born and raised in vermont. i had to move to colorado to get the training i needed because the snow wasn't consistent enough in areas like new england. everything goes through an ebb and flow. there are snow years that are better than others but the general trend is you have to go higher and farther north to find the conditions we need to enjoy the slopes. >> is that a known thing? people in the world of winter sports know that? you know that? >> absolutely. i think that we have our finger on the heartbeat of the climate change more than most. we are directly affected. the hot days during the summer can be uncomfortable, but when there is no snow in the winter time you can't snowboard or ski. it's not a thing where skiers

and snowboarders are some of the first to notice. >> catherine hayhoe and alex diebold, tank you both. rachel maddow starts now. >> thanks for joining us. when last we looked in at the elections this year, republicans were mad about the last round of polling from the new york times. polling that showed democratic candidates for senate. challengers and incumbents to republican incumbents were polling way better than the beltway common wisdom would have you believe. the numbers in the last new york times poll were so good that republican wise men like k