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Combating U.S. Gun Trafficking to Mexico
Combating U.S. Gun Trafficking to Mexico A STUDY CONDUCTED FOR THE BRADY CAMPAIGN TO PREVENT GUN VIOLENCE BY DEVIKA AGRAWAL THE UNIVERSITY OF CALIFORNIA, BERKELEY SPRING 2019 The author conducted this study as part of the program of professional education at the Goldman School of Public Policy, University of California at Berkeley. This paper is submitted in partial fulfillment of the course requirements for the Master of Public Policy degree. The judgements and conclusions are solely those of the author, and are not necessarily endorsed by the Goldman School of Public Policy, by the University of California or by any other agency. 1 Table of Contents PART ONE: UNDERSTANDING THE PROBLEM .......................................................... 3 GUNS IN MEXICO: QUANTITIES, SOURCES OF ORIGIN, AND FINAL DESTINATIONS ...................... 3 THE CASE FOR U.S. GOVERNMENT ACTION .............................................................................................. 8 DIAGNOSIS OF THE PROBLEM .................................................................................................................... 13 PART TWO: SOLVING THE PROBLEM THROUGH POLICY ......................................... 29 POLICY ALTERNATIVES .................................................................................................................................. 31 ANALYSIS BY CRITERIA .................................................................................................................................. 33 FINAL RECOMMENDATIONS ....................................................................................................................... -
The Business of Guns: the Second Amendment & Firearms Commerce
The Business of Guns: The Second Amendment & Firearms Commerce by Corey A. Ciocchetti University of Denver The Business of Guns: The Second Amendment & Firearms Commerce Does the Second Amendment protect commerce in firearms? The simple answer is yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black- letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customer’s Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as recent, horrific gun violence has launched serious regulation of firearms commerce back into the spotlight. These regulations are constantly challenged must be adjudicated using the precious little guidance the Supreme Court has provided. Federal circuit courts have coalesced around a two-part Firearms Commerce Test to evaluate laws regulating firearms businesses. First, courts determine if the challenged law burdens conduct protected by the Second Amendment. Second, courts apply some level of heightened scrutiny. The Firearms Commerce Test is widely accepted. It is simple to understand and execute. The results it produces are consistent, fair, and useful. In fact, chances are good that the Supreme Court adopts the test as a national standard when it hears its first firearms commerce case. Even with all these positive attributes, the test could and should function more optimally. -
Gun Violence in America
GUN VIOLENCE IN AMERICA GUN VIOLENCE IN AMERICA The Struggle for Control Alexander DeConde Northeastern University Press Boston Northeastern University Press Copyright 2001 by Alexander DeConde All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system now known or to be invented, without written permission of the publisher. Library of Congress Cataloging-in-Publication Data DeConde, Alexander Gun violence in America : the struggle for control / Alexander DeConde. p. cm. Includes bibliographical references and index. ISBN 1–55553–486–4 (cloth : alk. paper) 1. Gun control—United States. 2. Violent crimes—United States. 3. Firearms ownership—United States. 4. United States—Politics and government. I. Title. HV7436.D43 2001 363.3Ј3Ј0973—dc21 00–054821 Designed by Janis Owens Composed in Electra by Coghill Composition Company in Richmond, Virginia. Printed and bound by The Maple Press Company in York, Pennsylvania. The paper is Sebago Antique, an acid-free sheet. Manufactured in the United States of America 050403020154321 Contents Introduction 3 1 Origins and Precedents 7 2 The Colonial Record 17 3 To the Second Amendment 27 4 Militias, Duels, and Gun Keeping 39 5 A Gun Culture Emerges 53 6 Reconstruction, Cheap Guns, and the Wild West 71 7 The National Rifle Association 89 8 Urban Control Movements 105 9 Gun-Roaring Twenties 119 10 Direct Federal Controls 137 11 Guns Flourish, Opposition Rises 155 12 Control Act of 1968 171 13 Control Groups on the Rise 189 14 Gun Lobby Glory Years 203 15 A Wholly Owned NRA Subsidiary? 219 16 The Struggle Nationalized 235 17 The Brady Act 249 18 School Shootings and Gun Shows 265 19 Clinton v. -
The Resurrection of the Second Amendment at the New Roberts Court
Marquette Law Review Volume 102 Article 3 Issue 2 Winter 2018 The exN t Big Gun Case: The Resurrection of the Second Amendment at the New Roberts Court Follow this and additional works at: https://scholarship.law.marquette.edu/mulr Repository Citation The Next Big Gun Case: The Resurrection of the Second Amendment at the New Roberts Court, 102 Marq. L. Rev. 309 (2018). Available at: https://scholarship.law.marquette.edu/mulr/vol102/iss2/3 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized editor of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 40986 mqt_102-2 Sheet No. 5 Side A 01/29/2019 13:38:24 CIOCCHETTI - MULR VOL. 102, NO.2(DO NOT DELETE) 1/17/2019 8:29 PM MARQUETTE LAW REVIEW Volume 102 Winter 2018 Number 2 THE NEXT BIG GUN CASE: THE RESURRECTION OF THE SECOND AMENDMENT AT THE NEW ROBERTS COURT COREY A. CIOCCHETTI* The Supreme Court has denied certiorari in around one hundred Second Amendment cases since deciding District of Columbia v. Heller in 2008. Since then, the Justices have issued only one bona fide firearms decision, which brought state and local laws within the Second Amendment’s scope. At the same time, the right to keep and bear arms continues to loom in thousands of lawsuits either recently decided or docketed in the lower courts. The facts of these cases stray from Heller’s now-blackletter rule that handguns may be kept and used in the home for self-defense. -
Published United States Court of Appeals for The
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-2250 TANNER HIRSCHFELD; NATALIA MARSHALL, Plaintiffs – Appellants, v. BUREAU OF ALCOHOL, FIREARMS, TOBACCO & EXPLOSIVES; MARVIN RICHARDSON, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; MERRICK B. GARLAND, Attorney General, Defendants – Appellees. ------------------------------- BRADY; GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE; EVERYTOWN FOR GUN SAFETY SUPPORT FUND, Amici Supporting Appellees. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Glen E. Conrad, Senior District Judge. (3:18−cv−00103−GEC) Argued: October 30, 2020 Decided: July 13, 2021 Amended: July 15, 2021 Before AGEE, WYNN, and RICHARDSON, Circuit Judges. Vacated, reversed, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Agee joined. Judge Wynn wrote a dissenting opinion. ARGUED: Elliott Michael Harding, HARDING COUNSEL PLLC, Charlottesville, Virginia, for Appellants. Thais-Lyn Trayer, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Kirti Datla, HOGAN LOVELLS US LLP, Washington, D.C., for Amicus Brady. Angela Ellis, SULLIVAN & CROMWELL LLP, Washington, D.C., for Amicus Giffords Law Center to Prevent Gun Violence. ON BRIEF: Joseph H. Hunt, Assistant Attorney General, Mark B. Stern, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Thomas T. Cullen, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees. Jonathan E. Lowy, Kelly Sampson, BRADY, Washington, D.C.; Michael J. West, Washington, D.C., Jon M. Talotta, HOGAN LOVELLS US LLP, Tysons, Virginia, for Amicus Brady. Hannah Shearer, Hannah Friedman, San Francisco, California, J. Adam Skaggs, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, New York, New York; Robert A.