AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 1 SUMMARY REPORT SUMMARY 2 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Demonstrators protestinfrontofthepolicestationon12March2015 inFerguson,Missouri.(PhotobyScottOlson/GettyImages) perpetuate thisrelentlessandpotentiallyavoidable laws andregulationsacrosstheUSAwhichhelps lack ofcomprehensiveandcoordinatedgunsafety of gunownershipintheworld. the highestabsoluteandpercapitarates injured byfirearmsin2016. Prevention, some116,000peoplewereshotand According totheCentersforDiseaseControland intent and510werelegalinterventions). were accidental,300ofanundetermined and 14,415werehomicides(anadded495deaths violence. staggering. In2016,38,658liveswerelosttogun killed orinjuredeachyearintheUSAbygunfireis human rightscrisis.Thesheervolumeofpeople Gun violenceintheUnitedStates(USA)isa just blocksfromtheirschool,JonesMetropolitanHigh,inChicago’s SouthLoop. on 28November1995,18-year-old CarlosChamberswasshottwiceintheheadbyaclassmate public housingcomplexwhenshewasshotandkilledbya13-year-old boy. April, his15-year-old sister, LaToya Chambers,hadbeenstandinginthelobbyofaCabrini-Green outside theCabrini-Greenpublichousingcomplexon26July2000.Threemonthsearlier, on27 them awayfromganglife.JeromeChambers,aged23,wasshotandkilledwhileusingapayphone gang memberwhohadbeeninandoutofjail,butwasnowmentoringyoungrappers,tryingtokeep January 2013.Onatelevisiontalkshowfewweeksearlier, hehadexplainedthatwasaformer producer, wasshotintheheadwhilesittingaparkedcaronWest SideofChicagoon26 gun violenceinChicago. Shirley Chambershaslostallofherfourchildrento 3 Ofthesedeaths,22,938weresuicides 5 TheUSAhasboth 6 Andyet,thereisa 4

Ronnie Chambers,a33-year-old aspiringmusic discrimination andfearhasbeensupersededbya violence. Therighttolivefreefromviolence, identity, whethertheyliveinacity, suburb,orrural religion, sexualorientation,genderand of everyage,raceandethnicity, nationality, Injury anddeathduetofirearmsaffectpeople pursuant tointernationallaw. obligation toprotectandpromotehumanrights to misusethem,theUSAisfailingmeetits ease ofaccesstofirearmsbyindividualslikely firearm violence,highratesofgunownership,and use. Inthefaceofclearevidencepersistent regulations ontheiracquisition,possessionand array ofdeadlyweapons,withoutsufficient sense ofentitlementtoownapracticallyunlimited 1 Five years before that, Fiveyearsbeforethat, 2

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 3

12 the Convention 8 the International 7 and the International the Convention on the 10 9

The USA, therefore, has a legal 11 In 2016, died 38,658 from gun violence. Of these deaths, suicides 22,938 were 14,415 were homicides use of firearms in suicides and accidental deaths. The USA is obliged to exercise due diligence to prevent, punish, investigate and redress harm caused by private individuals and should pay particular attention to those most at risk, be they individuals or marginalized communities. including the International Covenant on Civil including the International Covenant and Political Rights (ICCPR), Forms of Convention on the Elimination of all Racial Discrimination (ICERD), on the Elimination on all Forms of Discrimination (CEDAW), Against Women Rights of the Child (CRC), Rights Covenant on Economic, Social and Cultural (ICESCR). obligation to respect, protect and fulfill the human rights set out in these treaties and to exercise due diligence by taking measures to combat actual or foreseeable threats to these rights, including the right to life. In the context of firearms, this obligation also includes reducing and preventing violent acts against individuals and communities, addressing discriminatory violence, violence violence, and the against children, gender-based regulation and the resulting loss of life raise serious human rights concerns. The failure of the USA to address these blatant insufficiencies in firearm concerns. The USA has either signed or ratified The USA concerns. several international human rights conventions that guarantee human rights impacted by gun violence and firearm-related injuries and deaths, and impact of gun violence on victims, survivors, and impact of gun violence on victims, families and communities, rarely does. blatantThe failure of the USA to address these and theinsufficiencies in firearm regulation resulting loss of life raise serious human rights the numbers of those injured and killed. While the numbers of those injured and killed. and mass shootings garner public attention reality of international concern, the relentless and on the gunfire in homes, schools, businesses trauma streets of the USA, and the long-lasting gun violence. Yet, access to firearms for individuals gun violence. Yet, needswho may present a risk of harm to themselves addressing theto be acknowledged and is critical to full spectrum of firearm-related deaths. far beyond The impact of firearm violence extends marginalized groups such as children and thosemarginalized groups violence (largely women)impacted by domestic to firearm violence. The use ofat risk of exposure injury firearms by private individuals to inflict or discussion ondeath on others often dominates the disproportionately impact communities of colordisproportionately that the rate of gun homicidesand data suggests the failure years. Moreover, has increased in recent laws and/or addressof the USA to implement in current policies leaveexisting gaps in protection community, and whether they are affluent or living they are affluent and whether community, and gun violence manifests However, in poverty. in wholly people and communities affects certain Firearm homicides and disparate ways. dissimilar 4 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE research onfirearmsandgunsafetytechnology; the carryingoffirearmsinpublic;investment and otherdangerousdevices;clearregulationson guns, largecapacitymagazines,bumpstocks automatic shotguns,semi-automaticsubmachine regulation ofsemi-automaticassaultrifles,semi- training; reportingoflostandstolenfirearms; background checks;licensing,registrationand in thisreportarewellknown:comprehensive would addressmanyofthefailingshighlighted allow gunviolencetoflourish.Themeasuresthat state lawstoaddresscurrentdeficienciesthat for better, consistentandcoordinatedfederal and are afatalcombination.Thereisanurgentneed comprehensive gunsafetylawsandregulations Unfettered accesstofirearmsandalackof interrelated approaches: and otherhumanrights,requiretwo obligation toprotecttherightlife violence, to preventfirearm States’ responsibilities where firearmsmisuse persists. reduction orprotectionmeasures place andimplementviolence Taking effectivestepstoputin misusing them;and especially bythosemostatriskof Restricting accesstofirearms

as partoftheir of regulationtogoverntheacquisition,possession recommendations rangefromsettingupsystems human rightsobligationsinthiscontext.These of firearmviolenceprovidesguidanceonstate International’s frameworktoaddresstheimpact breached theirduediligenceobligations.Amnesty firearms violence,theycouldbeconsideredtohave actors inthefaceofclearevidencepersistent purchase, possessionanduseofarmsbyprivate does notexerciseadequatecontroloverthe Under internationalhumanrightslaw, ifastate discrimination. to life,securityofthepersonandfreedomfrom concerns, specificallywithrespecttotherights such measuresraisesserioushumanrights self-defense. ThefailureoftheUSAtoadopt and limitationsontheuseoffirearmsfor landmark this rightisnotabsoluteor unlimited.Inthe privilege. owning agunisregardedas arightratherthan is oneofonlytwocountries intheworldwhere provides forarighttobeararms.Infact,theUSA The SecondAmendmentoftheUSConstitution and publicpolicydevelopment. certain weapontypes,securityofstocks,research to address:licensing,registration,restrictionof rights. Thesesystemsshouldincludemeasures from beingusedbyprivateactorstoabusehuman use offirearmsandammunitiontopreventthem systems fortheregulationofpossessionand misuse persists.Statesshouldestablishrobust reduction orprotectionmeasureswherefirearms steps toputinplaceandimplementviolence risk ofmisusingthem;and(ii)Taking effective access tofirearmsespeciallybythosemostat require twointerrelatedapproaches:(i)Restricting protect therighttolifeandotherhumanrights, firearm violence,aspartoftheirobligationto firearm violence.States’responsibilitiestoprevent at thecommunityleveltoreduceoveralllevelsof measures toenablecomplexsocialinterventions and useoffirearms,aswellestablishing 13 District ofColumbiav. Heller However, itiswell establishedthat case, AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 5 this crisis. and implement violence reduction or protection and implement violence reduction or measures where gun violence persists. report is a critical Amnesty International’s related assessment of existing data and research and an to the scope of gun violence in the USA, they exist analysis of US laws and policies – where and use – governing the acquisition, possession the context of firearms by private individuals, in standards. of international human rights laws and defines In this report, Amnesty International encompassing the term “gun violence” broadly, interpersonal and community-wide violence using firearms; implicit threats of violence that firearms represent in certain circumstances; misuse of firearms in the home; and acts of self-harm by firearms, including accidents and suicide. Amnesty International provides a clear set of recommendations, developed under the human rights framework in the context of firearms violence, which the USA must adopt to address sometimes erasing entire families and generations; and generations; erasing entire families sometimes of everyone living impacts the lives gun violence the far beyond just The effect extends in the USA. killed to the entire of those injured and numbers those impacted by the trauma community and all lives and safety. who may fear for their a comprehensive, The failure to establish system of firearm meaningful and working obligations of the USA’s regulations is a breach The human rights law. under international breach are both obvious consequences of this but they are not irreversible. and catastrophic, and The USA should act proactively to promote a system protect human rights by implementing access of laws which work adequately to restrict abusing them to firearms for those most at risk of in place and by taking effective steps to put

15 Despite this fact, federal and state 14 unsecured, but loaded gun, self-inflicted injuries and deaths with a firearm by those who present a recognizable risk of harm, or the pervasive gunfire that pierces the streets of urban communities around the USA. Whether it is the shooting of dozens of young people at a nightclub or a school, the death of a woman who has suffered from an armed abuser and had appealed for protection, the loss or injury of a child who discovered an decades, the gun lobby has worked diligently and decades, the gun lobby has worked around successfully to thwart firearm regulations the country. day all The result of this is seen and felt every or carry firearms, and the permitted use of or carry firearms, and the permitted firearms. where they firearm regulations vary in standards, arms exist. This is because the right to bear issue. For is a politically charged and partisan irreversible. federal the US Supreme Court confirmed that firearms and state governments may regulate allowed, with respect to the type of firearms limiting those who may purchase, possess law. The consequences of this The consequences of law. both obvious andbreach are notcatastrophic, but they are regulations is a breach ofregulations under obligations the USA’s human rightsinternational The failure to establish a to establish The failure meaningfulcomprehensive, system of firearmand working 6 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE » » » » » » » » nationwide. Therefore,ataminimum: 1) Federal,state,andtribalgovernmentsshouldintroducestrengthengunlawspolicies KEY RECOMMENDATIONS: » » » » » » » » bump stocks,andotherdangerous devices; assault rifles,semi-automatic shotguns,semi-automaticsubmachineguns,large capacitymagazines, The USCongressmustpass legislationbanningthesale,transfer, and possessionofsemi-automatic reported tolocallawenforcementofficials; The USCongressshouldenactlegislationrequiringall lostandstolenfirearmstobeimmediately related toconcealedcarryingoffirearms. which wouldoverrideexistingstatelawswheresafeguards andprocessesareinplacetocurtailmisuse or concealed,unlessthereisacrediblejustificationfor doingso,andshouldrejectfederallegislation The USCongressshouldenactlegislationprohibiting the carryingoffirearmsinpublic,whetheropen implement thesesystems; searchable, andshouldprovideappropriatefundingthrough thelegislationtosupportATF’s abilityto and Explosives(ATF) toregisterallfirearmsinacentralnationalgunregistry, whichisdigitizedand The USCongressshouldenactlegislationrequiringtheBureauofAlcohol,Tobacco, Firearms › › › Firearm licensesshouldnotbeauthorizedunlessthefollowingminimumconditionsaremet: or transferwithavalidfirearmslicenseandcrediblejustificationforownershipuse; The Background CheckSystem(NICS); completely, andassoonpossibletotheFBIforinclusioninNationalInstantCriminal The USCongressshouldensurethatfederal,stateandlocalagenciesarereportingrecordsaccurately, conducted indicatingtheabsenceofknownriskfactorsformisuse; and transfers,priortocarryingoutanysaleorothertransfer. Thesebackgroundchecksshouldbe The USCongressshouldenactlegislationrequiringbackgroundchecksonallfirearmpurchases › › › › › › › Risk factorsforconsiderationshouldinclude,ataminimum: a backgroundcheckhasbeenconductedindicatingtheabsenceofknownriskfactorsformisuse. in general,aminimumageof21;and credible justificationpriortopurchase; US › › › › Congress shouldenactlegislationmandatingthatfirearmsmayonlybeobtainedforpurchase by competentauthoritiesdrawingonallavailablerelevantevidence. lead to the harm of self or others. Each application should be reviewed on a case-by-case basis medical unfitnessincludinghistoryofdrug/alcoholabuseormentalhealthissueswhichmight history ofgender-based, sexualordomestic violence;and being underindictmentforafelonyoffence; prior criminalrecord,particularlyforviolentoffences; AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 7 rehabilitation services, mental health care, and long-term pain management. Protection Orders (ERPOs), providing for the temporary removal of access to firearms for individualsProtection Orders (ERPOs), providing or others. Such procedures should be implemented in awho may present a risk of harm to themselves human rights protections; and manner consistent with international ensure that survivors of gun-related violence have access Federal and state authorities should long-term health interventions, to affordable and quality health care, which includes necessary, adding misdemeanor and other stalking offenses as triggers prohibiting firearms possession and use; adding misdemeanor and other stalking implement laws establishing a clear process for the immediate and state legislatures should pass and from prohibited abusers; surrender by and removal of firearms legislation to implement procedures, such as Extreme RiskState legislatures should consider passing ammunition, and state legislatures should pass stringent and comprehensive safe storage and Child ammunition, and state legislatures should mandate all individuals to store all firearms unloaded under the Access Prevention (“CAP”) laws that protection of a gun lock or safety device; firearm addressing regulation firearms of framework federal current the amend should Congress US The context by closing all loopholes related to dating partners and possession in the domestic violence The US Congress should pass legislation which supports the implementation and sustained funding of the implementation and sustained should pass legislation which supports The US Congress reduction and prevention programs; evidence-based violence requiring the safe and secure storage of all guns and The US Congress should pass legislation The US Congress should acknowledge that firearm violence is a public health crisis, repeal the Dickey repeal the Dickey a public health crisis, violence is that firearm should acknowledge The US Congress on research to conduct evidence-based adequate funding allocating and enact legislation Amendment, for gun violence viable strategies research and develop violence, and to and effects of gun the causes injuries; related deaths and reducing firearm making aimed at to inform policy prevention » » » » » » » » » » » 2) Federal, state, and tribal governments should introduce comprehensive and targeted gun safety comprehensive and targeted gun and tribal governments should introduce 2) Federal, state, and by adopting measures to protect individuals the gun violence crisis in the USA measures to address human with its obligations under international at risk of gun violence in accordance communities most Therefore: rights law. » 8 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE private actorsunderinternational humanrights foreseeable threatstolifeor bodilyintegrityfrom obligation onstatestoprotect individualsfrom system. Therighttopersonal securityplacesan cornerstone oftheinternationalhumanrights international humanrightsinstrumentandisthe The righttolifeisfundamentaleverymajor Civil andPoliticalRights: rights crisis. and therighttoeducation.Inshort,itisahuman and culturalrights,includingtherighttohealth undermines theenjoymentofeconomic,social the righttobefreefromdiscrimination.Italso right tolife,thesecurityofpersonand people theircivilandpoliticalrightsincludingthe enduring. Persistentgunviolenceisdenying and familiesallacrosstheUSAisprofound The impactoffirearmsviolenceonindividuals 1. FIREARMVIOLENCEANDHUMANRIGHTS Getty Images) Gun withknotinthemuzzle,peacememorialfrontofUNOheadquarters(PhotobyJOKER/Walter G.Allgöwer/ullsteinbildvia or marginalized communities. attention tothosemostatrisk, betheyindividuals private individualsandthey shouldpayparticular punish, investigateandredress harmcausedby must alsoexerciseduediligence toprevent, firearms insuicidesandaccidentaldeaths.States violence, gender-based violence,theuseof and communities,addressingdiscriminatory and preventingviolentactsagainstindividuals obligation alsoincludesanemphasisonreducing In thecontextoffirearms,this“duediligence” individuals. when thoseabusesarecarriedoutbyprivate effectively respondwhentheydooccur, including human rightsabusesbeforetheyoccur, andto diligence” totakereasonableactionprevent States haveanobligationtoactwith“due to lifeisbothapositiveandnegativeobligation. law. Astate’s obligationwithrespecttotheright 16

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AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 9 Therefore 20

Initiatives should be focused on those Initiatives should be focused on those 21 abuse persists. The following recommendations outline some key minimum steps that all states, including the USA, must take in order to comply with their human rights obligations to address firearm violence and gun-related injury and death. in deprived urban neighborhoods. Only through in deprived urban neighborhoods. Only long-term, adequately-funded, evidence-based economic projects, tailored towards specific social, partnership and cultural contexts, and working in authorities with the affected communities, can violence achieve sustained reductions in firearms and compliance with human rights obligations. FIREARM REGULATION: A HUMAN RIGHTS FRAMEWORK framework to address Amnesty International’s the impact of firearm violence provides guidance on state human rights obligations in this context. States’ responsibilities to prevent gun- related injury and death require two interrelated approaches. They must restrict access to firearms by those most at risk of abusing them and they must take effective steps to implement violence reduction or protection measures where firearms for violence prevention may be necessary. The be necessary. prevention may for violence rights requires a of all human full enjoyment not just at individual which looks holistic approach embedded but patterns of violations violations, realities. in specific socio-economic USA, also have a duty states, including the marginalized and highly- to actively prioritize who face the biggest impacted communities the full spectrum of their obstacles to realizing entrenched firearm violence rights. Tackling is a multi-faceted problem in the community and partnership involving active engagement authorities, with all relevant stakeholders – local law enforcement, and society and community leaders. victims of at most risk of perpetrating and being growing up firearms violence – often young males

18 19 Rights in its 2016 report High Commissioner for Human –The Office of the United Nations impairment, and long-term disability. At the community level, complex interventions actors mobilizing a range of state and non-state deprivation which degrades those services over deprivation which degrades those services economic time. It can also impose significant and costs on already struggling individuals of livelihood/ deprived communities, including loss care, income and costs of medical/psychological these circumstances can have an impact on the these circumstances across the full range community as a whole, of persistent firearm of human rights. Patterns services, violence can both inhibit access to basic such as health and education, and entrench violence and firearm-related injury and death are violence and firearm-related urban neighborhoods with prevalent in low-income violence, lack of access high levels of community and poor police practices. to public services proliferation of firearms in Easy access to and Economic Social and Cultural Rights: Social and Cultural Economic death injury and and firearm-related Gun violence economic, social a strong impact on also have of those living in the USA. Gun and cultural rights reviewed and formulated through a human rights lens.” devastating impact of the misuse of firearms on the enjoyment of human rights, public policies with respect to civilian access to firearms should be “Given the potential harm and 10 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • • • • These measuresshouldinclude: used byprivateindividualstoabusehumanrights. regulation offirearmstopreventthemfrombeing States shouldenforceminimumstandardsforthe Security ofPersonGenerally Ensuring TheRighttoLifeand (Photo byScottOlson/Getty Images) victims ofgunviolence downMichiganAvenue todrawattention tothecity’s risingmurder rateon31December2016inChicago, Illinois. The Rev. Jesse Jackson(L)andRev. MichaelPflegercarrycrossesastheymarch withotherresidents,activists,andfamilymembersof Funding researchonfirearmsandfirearmviolence. penalties fornon-compliance;and firearms andrelatedammunitionaresecure,with and useoffirearmstoensurethatallstocks Mandated sanctionsforillicitpossession,transfer purchase, possessoruse; Restrictions onthetypesofweaponsciviliansmay with establishedinternationalguidelines; Registration ofallworkingfirearmsinaccordance misuse, andatimelimit; requirement; theabsenceofknownriskfactorsfor justification forpossession;aminimumage conditions aremet,includingtraining;acredible Licensing regulationstoensurethatminimum

• • should include: actual orthreatenedviolencethesemeasures protection. Incaseswherethereisahistoryof with dueregardtoestablishedprinciplesofdata authorities whenassessinglicenseapplications, and domesticviolencethatissharedwithlicensing on allegedperpetratorsofgender-based violence undertake effectivecollectionandstorageofdata violence withthoseonaccesstofirearmsand link laws,policiesandpracticesondomestic intimate partnerviolence,statesmustexplicitly In ordertopreventandaddressfirearm-related of DomesticViolence Limiting FirearmViolenceintheContext • Suspension offirearmslicenses;and The prohibitionofaccesstofirearms; Removal offirearms.

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 11 cease manufacturing, marketing and selling to private actors certain types of particularly harmful weapon types, and cease distribution to problematic dealers; invest in research into, and introduce safety measures to prevent accidental discharge of weapons, to improve reliability of traditional safety devices, and develop newer technologies, such as personalized weapons; and › › › firearm violence; a proactive role in jurisdictions with weak and/ Taking aboveor poorly implemented regulation of firearms, obligations set out in and beyond the company’s to: domestic law, › › › Refraining from marketing/promoting products in such a way that might encourage misuse of firearms. Working proactively with relevant authorities to Working regulations ensure the implementation of firearms aimed at violence reduction and prevention; firearms Refraining from lobbying for relaxation of reduce regulation, or against initiatives which could • • Establishing Responsibility for Firearms Responsibility for Establishing Dealers Distributors and Manufacturers, to respect have a responsibility All companies for relaxation of firearm human rights. Lobbying initiatives which could regulations or against gun-related injury is not prevent or reduce responsibility to respect human consistent with the manufacturing firearms and rights. Companies adopt measures to minimize ammunition should products are used for human the risk that their measures could include: rights abuses. Such • • education, employment, housing and water; and Address the physical and psychological impact of firearm violence through targeted health care provisions. Adopt well-funded, sustained, evidence-based violence reduction programs; Ensure full non-discriminatory access to economic, social and cultural rights, including health care, ammunition by private actors who represent a risk ammunition by private actors who represent risk of to public safety and protect those at most being victims of firearm violence; a Implement complex interventions mobilizing range of state and non-state actors for violence prevention; Implement legislation and take administrative Implement legislation and take administrative and measures to prohibit the possession of firearms Public education to raise awareness around the Public education to raise awareness around dangers of firearms in the home. safe storage (e.g. keeping firearms unloaded and safe storage (e.g. keeping or offsite); under lock and key, into improving firearms Investment in research safety mechanisms; and Instituting waiting periods for firearm and Instituting waiting periods ammunition purchases; safety requirements including Enforcing stringent • • • • for communities impacted by persistent firearm for communities impacted by persistent violence, states must: • • Reducing Community-Level Firearm Violence measures When implementing violence prevention • These measures should include: These measures should • • Preventing/Reducing Suicides and Accidental Deaths Suicides Preventing/Reducing to firearms by those restrict access States must and take other risk of self-harm at recognizable the risk of accidental deaths. measures to reduce 12 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE generational impacts. Without jobs,investment to addressinstitutionalracism anditsmulti- failures offederal,stateand localgovernment symptom ofabroaderproblem, onerootedin communities ofcolorinurban settingsisa Firearms violenceandthetollittakeson than whitemenandboysofthesameagegroup. 10 timesmorelikelytodiefromfirearmhomicide victims offirearmhomicide,andweremorethan men andboysagedbetween1534were the sameagerange. leading causeofdeathforLatinomenandboysin boys ages15-34in2016,anditwasthesecond- was theleadingcauseofdeathforblackmenand particularly youngblackmen.Firearmhomicide African AmericanandLatinocommunities, Firearm homicidesdisproportionatelyimpact ON COMMUNITIESOFCOLOR DISPARATE IMPACT OFGUNVIOLENCE URBAN GUNVIOLENCEANDTHE self-harm, andsurvivorsofgunviolence. individuals whomaypresentarecognizableriskof children, thosesufferingfromdomesticabuse, those livinginurbanandtribalcommunities, has far-reaching consequences,particularlyfor address accesstofirearmsbyprivateindividuals to implementadequatepoliciesandmeasures disproportionately atriskofbeingimpacted.Failure violence, andyetsomeindividualsgroupsare No partofUSsocietyisunaffectedbygun 2. FAILURE TOPROTECT: GUNVIOLENCEINTHEUNITEDSTATES • • KEY STATISTICS: group. homicide thanawhitemaleofthesameage than 10timesmorelikelydiefromfirearm In 2016,ablackmaleaged15-34wasmore of gunhomicides. of theUSApopulationbutaccountedfor58.5% In 2016,AfricanAmericansrepresented13.3% 28 29 27 In2016alone,5,366black

30 economic opportunity. businesses unabletothrive,resultinginlackof play orevensaferoutestoschool;andleavelocal services; leavechildrenwithoutsafespacesfor from accessingcriticalhealthcareandother aspects ofcommunitylife;itcanpreventpeople Persistent firearmviolencehasanimpactonall anxiety, depressionandpost-traumaticstress. from short-andlong-termhealthissuesincluding loss oflife,manyareleftinjuredorsuffering violence remainsprevalent.Inadditiontothe and servicesthatcanprovidestability, gun mentorship programs,andothersupportnetworks and resourcedviolencereductionyouth in at-riskcommunities,adequatelyfunded related deaths and injuries in the USA and the related deathsandinjuriesin theUSAand concerned withtheincreasing numbersofgun- on UShumanrightscompliance. Theyremain issue ofgunviolenceintheir mostrecentreports of RacialDiscriminationhave bothhighlightedthe and theCommitteeonEliminationofAllForms these rights.TheUNHumanRightsCommittee Discrimination (ICERD),whichexplicitlyprotect Convention ontheEliminationofAllFormsRacial The USAratifiedtheICCPRandInternational discrimination andtoequalprotectionofthelaw. to life,securityoftheperson,freedomfrom the protectionofhumanrightsincludingright communities ofcolorraisesseriousconcernsabout The disparateimpactofgunviolenceonurban the victims. of impunityanddenyingjusticetothefamilies cannot solvecrimes,furtherreinforcingthecycle the trustandcooperationofcommunity, they of color. trust betweenlawenforcementandcommunities rates areallfactorswhichcontributetoalackof police, racialprofilingandlowhomicideclearance criminal justicesystem.Excessiveuseofforceby by gunviolenceistheintersectionwith A criticalfactorforcommunitiesofcolorimpacted 33 Andwherethepolicehavefailedtogain 34 32 31

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 13 39 It should 38 Hadiya 22 “They murder my man cold- 25 despite the success and numerous available despite the success and numerous available and models for these programs, lack of funding sustained and lack of political will have prevented adequate implementation of these initiatives. in communities across the USA, particularly in across the USA, in communities proved vital, when where they have urban areas decreasing rates of implemented, in effectively homicides. violence and firearm-related research and more detailedbe noted that greater group-violence interventionevaluations of existing in assessing potential challengesmodels are critical By focusing efforts on a success. gauging and of perpetrators and victims – concentrated group members, offering support, engaging community mentorship to individuals at direct services and in gun violence – several high risk for engaging cities have provided alternatives to violence. they have been able to combat Most importantly, and reduce gun violence while simultaneously for individuals providing life-altering opportunities Unfortunately, living in high-crime neighborhoods. Ward, then 18, told police he wanted to retaliate Ward, 24

35 The USA Pendleton was an honors student and drum majorette who had just inauguration. The killing performed at President Barack Obama’s On 29 January 2013, two members of the SUWU faction of the On 29 January 2013, two members Park, Chicago, a hangout of Gangster Disciples drove past Harsh They saw a group of teenagers gathered faction. the rival 4-6 Terror the men, Micheail sheltering from the rain. One of under a canopy, Hadiya left the car and opened fire, killing 15-year-old Ward, Pendleton and wounding two others. It was a case of mistaken identity; none of the victims were gang members. 37

23 36

26 blooded. Police said [expletive] us in our face… So how we – what we supposed to do about that? blooded. Police said [expletive] us in our face… So how we – what we supposed ain’t got no choice if we out there getting killed And they come through killin’ us every day… We every day.” murder in August 2018. didn’t even know she none of that… We that girl to die, later told police: “Nobody...expected Ward used to go to King and was even from King [a local school] cause we’re – King kids - cause Kenny they know they ain’t supposed to be in that park.” faction: for the killing of a friend by a member of the 4-6 Terror made national headlines. Micheail Ward and Kenneth Williams were found guilty of first-degree Williams and Kenneth made national headlines. Micheail Ward HADIYA PENDLETON HADIYA and prevention programs are being implemented are enjoyed equally by everyone. This includesare enjoyed equally by everyone. This actively prioritizing marginalized communities realizingin order to remove obstacles to their this end, the full spectrum of their rights. To successful evidence-based violence intervention has a duty to ensure that it does not discriminatehas a duty to ensure protected by internationalon any of the grounds by non-state that it prevents discrimination law, remedy theactors, and that it takes measures to rightslegacy of discrimination and ensure that under international law. under international of all human rights requires aThe full enjoyment looks not just at individualholistic approach which of violations embeddedviolations but at patterns realities. in specific socio-economic disparate impact on racial and ethnic minorities. impact on racial and disparate the US government’s noted that Both committees ofconstitutes a violation curb gun violence failure to to non-discrimination life and the right the right to 14 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE » » » » » KEY RECOMMENDATIONS: and reductioninitiatives,byworkingtoenforce for community-involvedgroupviolenceintervention mandating sustainedandsufficientfunding/support fostering community-policetrustandaccountability, examining ofpolicingtechniquesandtraining, opportunity, accesstoeducationandhealthcare, violence. Thiscanbedonebyinvestingineconomic the long-termsocio-economicimpactofthis particularly inurbancommunities,byaddressing violence disparatelyimpactingcommunitiesofcolor, The USAmustworktoreducehighlevelsofgun » » » » » and jobreadinessprograms. job programs,attractingandincentivizingbusinessestothearea,offeringeducational,mentorship State andlocalauthoritiesmustinvestinareasofeconomicdeprivation,includingthroughcreating firearms violence. proven effectiveindecreasinggunviolence,communitieswheretherearepersistentlyhighlevelsof community-involved, evidence-basedgroupviolenceinterventionandreductionstrategies,whichhave State andlocalauthoritiesmustimplementprovidesufficientsustainedfundingtosupport The USCongressshouldpasstheEndRacialProfilingAct. based violencepreventionprograms,includingtheYouth PromiseAct. The USCongressshouldpasslegislationwhichsupportstheimplementationandfundingofevidence- recommendations toaddressthedisparateimpactofgunviolenceoncommunitiescolor. The USCongressshouldcreateacommissiontoinvestigate,analyzeanddeveloppolicy perceived need to possess firearms for self-defense. perceived needtopossessfirearmsforself-defense. law enforcementagencies,reducingpeople’s effective, humanrights-compliantandaccountable measures toensurepublicsafety, supportedby its long-termsocio-economicimpactsbytaking levels offirearmviolenceinthesecommunitiesand the USAmustworktoreducepersistentlyhigh of weaponswithoutbackgroundchecks,etc.).Also, trafficking, strawpurchasers,andthesaleortransfer by individualslikelytomisusethem(curbinggun policies aimedatreducingeasyaccesstofirearms

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 15

Children 62 63

In urban areas, children and youth, In urban areas, children 61 344 incidents of a firearm being discharged on school grounds in the USA. In 2016, 1,637 children died from gun violence in the USA. From January 2013 through August 2018, there were at least experience as well as the rate at which they as well as the rate experience in suburban gun violence. Children experience to die through areas are more likely and rural suicides carried out shootings or unintentional by firearm. black males, are at higher risk particularly young homicides. of dying from gun-related are also at risk of gun violence all over the country 2013, there have been at in their schools. Since of a firearm being discharged least 344 incidents in the USA. on a school campus deaths and injuries among The causes of gun of gun children remain multifaceted: high rates laws and ownership, weak gun violence prevention

60 56

the USA should The study found

57

55 This means that in addition to 59 58 In 2016, 1,637 children died from gun violence In 2016, 1,637 children in the USA. through August 2018, there From January 2013 of a firearm being were at least 344 incidents grounds in the USA. discharged on school • • KEY STATISTICS: violence interruption and diversion programs. Guns affect all children and their communities to some degree, but factors such as race, ethnicity and gender impact the type of violence they its obligations under the ICCPR, recognize the particular situation of children and provide “special safeguards and care” in order to protect children from gun violence, including by preventing access to firearms, and supporting rights. Although the USA is the only country in the world that has signed but not ratified the CRC, the USA still has an obligation to refrain from acts that would defeat the object and purpose of this treaty. the USA. on In 1995, the USA signed the Convention the Rights of the Child (CRC), a comprehensive on children’s international human rights agreement 1,300 children were killed by firearms and another 1,300 children were killed by firearms caused 5,790 children were treated for injuries gone down; by firearms. These numbers have not data is in fact in 2016, the last year for which gun-related available, 1,637 children died from or suicide in homicides, unintentional shootings and younger throughout the country. According and younger throughout the country. firearm injuries were the third to a recent study, in the leading cause of death among children USA between 2002 and 2014. nearly that during this time period, on average, Widespread possession of firearms coupled with possession of Widespread policies weak gun violence prevention laws and aged 17 are having a profound impact on those THE IMPACT OF FIREARMS THE IMPACT ON CHILDREN 16 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE there isnominimumageforthepossessionof handgun byanyoneundertheageof18.However, children. the highestratesofgundeath,includingamong with thehighestratesofgunownershipalsohave high-income countries.To thisend,USstates death throughgunviolencethanchildreninother make USchildrenmuchmorevulnerableto readily available(oftenunsupervised)firearms Takiya didnotmakeasound. through thebackwindowand hitTakiya, although believes thatthelastofthree tofivebulletscame of herheadandwasn’tmoving. car andsawthatTakiya hadbeenshot inrightside stopped, NaikeeiaWilliams wenttothebackof when sheheardgunfire. mother NaikeeiaWilliams hadjustparkedthecar rival gangontheothersideofstreet. a Disciples openedfireonthreemembersof and aunt,whenareputedmemberoftheBlack Side ofChicago,withheryoungerbrother, mother Parkway GardensneighborhoodontheSouth Takiya Holmeswassittinginaparkedvanthe On Saturday, 11February2017,11-year-old TAKIYA HOLMES, 11-YEAR-OLD, 64 Federallawprohibitspossessionofa 41 Once the shooting had Oncetheshootinghad 43

42 Naikeeia Williams NaikeeiaWilliams 40 Her Her brain dead.Shediedon14February2017. Children’s Hospitalandwassoonafterdeclared Takiya wastransportedtotheComer and ammunitionstoredinalockedlocation owners tokeepgunslockedupandunloaded, injuring themselvesandothersbyrequiringgun (“CAP laws”),whichworktoprotectchildrenfrom Safe storageandChildAccessPreventionlaws are permittedtopossesslongguns. laws regulatingtheminimumageatwhichpeople ammunition. long guns,suchasriflesandshotguns,orgun were safe.” It didn’tusedtobelikethat. Women andkids women andkidsgetkilled here thananything. responded: “Theviolenceisridiculous.More the violenceinChicago,Naikeeia Williams violent lossofhissister. long termeffectsfromtheshootingand old atthetimeofshooting,willsuffer fear, however, isthatherson,justthreeyears disorder, depressionandanxiety. continues tosufferfrompost-traumaticstress Naikeeia Williams hasreturnedtoworkbut without bondpendinghistrial. the murderofTakiya Holmesandisbeingheld the timeofshooting,hasbeenchargedwith The allegedshooter, whowas19yearsoldat at us.” life wastakenandtheyweren’tevenshooting an angelonearth.Itisheartbreakingthather that iswhatshewouldhavewanted.Shewas gold. Takiya’s organsweredonatedbecause Naikeeia Williams said:“Shehadaheartof nearby. were intendedforsomekidsonthecorner It isNaikeeia’s understandingthatthebullets CHICAGO, ILLINOIS 46 45

Whenspeakingaboutherdaughter 50 65 Twenty-seven statesdonothave 49 Whenaskedabout 47

48 Hergreatest 66 44

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 17

70 53 - Victim’s sister - Victim’s One of the bullets struck struck One of the bullets 52 activity and a lack of security in neighborhoods activity and a lack of security in neighborhoods access to illegal where firearms are prevalent, easy violence guns, the presence of inter-community significant and a lack of access to education, are in factors in urban communities and specifically children. intentional firearm violence involving Street outreach and youth violence prevention the physical programs are essential in supporting young people and mental health and well-being of programs affected by gun violence. Many such violence, have proved effective in reducing gun or yet they continue to grapple with unsustained inadequate funding and limited capacity. wages, the presence of group violence, criminal wages, the presence of group violence, Despite

68 67 CHICAGO, ILLINOIS CHICAGO, On the morning of Sunday, 17 December 2017, he and his 17 December 2017, he and his Sunday, On the morning of 51 54

69 mother’s boyfriend were attacked. A white van rear-ended their vehicle, flashed its lights, and then its lights, and then their vehicle, flashed A white van rear-ended boyfriend were attacked. mother’s fire on the car. of the passenger window opened a man hanging out where he was pronounced dead. He was driven to a nearby gas station, the boy in the head. been a case of mistaken identity and potentially a retaliatory Police believe the shooting may have shooting that went wrong. nothing bad and it’s not fair that they could just take his life like that… I don’t know how people they could just take his life like that… not fair that nothing bad and it’s people just like that.” have the heart to kill newspapers to earn money for a boy was delivering reports, a 15-year-old According to media his sister. birthday present for 15-YEAR-OLD BOY, BOY, 15-YEAR-OLD do innocent. He didn’t He was not fair. shoot at. It’s with who they be more careful “They should children. Mistrust of law enforcement, the lack of poverty and low inequality, economic opportunity, among children, 23 US states have failed to enact among children, 23 US states have any such laws. there are other issues to consider when However, affecting discussing the causes of firearm violence children and firearm violence perpetrated by accountable for the security of their weapons, are accountable for the security of their suicides and effective in reducing child and youth unintentional deaths caused by firearms. of evidence that CAP laws reduce the number deaths unintentional or self-inflicted gunshot separate from the firearm, are necessary. impose Studies have found that CAP laws, which are held criminal liability to ensure that owners 18 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE » » » KEY RECOMMENDATIONS: activist groupAvaaz, theshoesareintendedtourge Congresstopassgun-reformlegislation.(PhotobyChipSomodevilla/GettyImages) in 2012,arespreadoutonthelawneastsideofU.S.Capitol on13March2018inWashington, DC.Organizedbytheonline Seven thousandpairsofshoes,representingthechildrenkilledbygun violencesincethemassshootingatSandyHookElementarySchool » » » all individualstostorefirearmsunloadedundertheprotectionofagunlockorsafetydevice. State legislaturesshouldpassstringentandcomprehensiveChildAccessPreventionlawsthatmandate from licenseddealersorprivatesellersoflongguns,includingriflesandshotguns. The USCongressshouldpasslegislationimposingaminimumageof18onpossessionandpurchase upon thesaleofallguns,notjusthandguns. gun dealersandprivateshouldberequiredtoprovidesecurestorageorsafetydevices The USCongressshouldpasslegislationrequiringthesafeandsecurestorageofallguns.Alllicensed AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 19 Two Two

86 84 Prevention of More than half of all , it noted that: “the State , it noted that: “the 85 This is why a key to reducing domestic 87 In 1994, Congress included a provision in the Act, prohibiting certain Violence Against Women persons subject to final domestic violence protective orders from possessing firearms and ammunition. In 1996, Congress passed the “Lautenberg Amendment”, prohibiting certain domestic violence into domestic homicide.” between Existing studies on the relationships to intimate firearms and female homicides related Studies on partner violence incidents are limited. from data this issue are urgently needed. However, access to that does exist, the relationship between is quite firearms and intimate partner homicides when there clear; the risk increases dramatically is a firearm in the home. by current women murdered in the USA are killed intimate or former intimate partners, and most guns. partner homicides are committed with separate studies on the risks of firearms in the home found that females living with a gun in the home were nearly three to five times more likely to be murdered than females with no gun in the home. violence homicides in the USA is reducing an to firearms. access abuser’s Federal law provides some basic protection. person. It has a due diligence duty to protect the duty to protect has a due diligence person. It person and to prevent, and security of right to life act that would and punish any investigate, by its committed those rights, whether undermine persons. The UN Human own agents or by private recognized that the right to life Rights Council has person has been significantly and security of the misuse, and that inter- undermined by firearms for a significant number partner violence accounts a 2006 report, of such attacks. In Committed with Small Human Rights Violations Arms and Light Weapons it comes has particularly acute obligations when groups, to protecting the rights of vulnerable who are including victims of domestic violence, the home. most at risk from misuse of a gun in can easily turn The presence of a gun in the home The 83 80 all all

78 82 A survey conducted by the National 79 81 firearms believed their abusers were capable of killing them. today have been threatened by an abuser with a firearm; one million of those have been shot and injured or shot at without injury. Domestic Violence Hotline found that 67% of respondents whose abusers possessed from 2008 to 2012, in states where from 2008 to 2012, in states where background checks are required for handgun sales, 46% fewer women were shot to death by an intimate partner. Some 4.5 million American women alive nearly three to five times more likely to benearly three to five times with no gun in themurdered than those home. According to an analysis of FBI data on women killed by armed intimate partners More than half of all women murdered in theMore than half of all or former intimateUSA are killed by current partner homicidespartners and most intimate are committed with guns. a gun in the home were living with Women • • • • KEY STATISTICS: as a form of discrimination. The USA is a party to the ICCPR, which guarantees the rights to life and security of the defeat the object and purpose of this treaty. Committee on the Elimination of Discrimination which monitors implementation against Women, of the rights enshrined in the Convention, has violence against women recognized gender-based against women. In 1980, the USA signed the Convention on the Elimination on all Forms of Although (CEDAW). Discrimination Against Women the USA still the USA has not ratified CEDAW, has an obligation to refrain from acts that would The USA has not ratified any treaties that The USA has not ratified any treaties specifically address domestic violence or violence DOMESTIC VIOLENCE AND FIREARMS VIOLENCE DOMESTIC 20 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE solely onthebasisofaTemporary Protection law norFloridaprohibitsalesoffirearms buy anothergunlegallysinceneitherfederal that herhusbandcouldgooutthenextdayand the officersseizedguns,theywarnedher ammunition inJanuary2011. her husbandtosurrenderhissixgunsand granted atemporaryrestrainingorderrequiring abusive severalyearsearlierandshehadbeen She saidthatherhusbandhadbecome Daddy. Don’tshootMommy.” gun ather, whilehersonpleaded,“Don’tdoit and kneltdownbesidehim,stillpointinghis Thomas Maffeithenwalkedovertotheirson Kate RantatoldAmnestyInternationalthat permanent damagetohisarm. father wasshotatpoint-blankrange,causing was shottwiceandinjured.Her68-yearold lived withtheirfour-year-old son.KateRanta Florida, wherehisestrangedwife,KateRanta, his wayintotheapartmentinCoralSprings, On 2November2012,ThomasMaffeishot KATE RANTA 71 72

However, when Kate Rantaandherfather. 60 yearsinprisonfortheattemptedmurdersof April 2017,ajurysentencedThomasMaffeito a permanentprotectionorderinhercase. Ranta hadbeenshotdidajudgefinallygrant investigator tolocateandvideoher. Onlyafter her car, cyber-stalked herandhiredaprivate erratic: hebrokeintoherhome,vandalized her husband’s behaviorbecameincreasingly was duetoinsufficientevidence. She understoodfromherattorneythatdenial temporary restrainingorder. state requirestheremovalofweaponsaftera In anycase,neitherfederallawnorFlorida restraining orders,thesewerenotsuccessful. made severalsubsequentattemptstoobtain and thegunswerereturned. during ashort-livedreconciliationattempt Kate Rantawithdrewtheprotectionorder Thomas Maffei’s possession. to weaponsandammunitioncurrentlyin Order andtheorderfromjudgeonlyapplied 77 74 73 Althoughshe

75 Meanwhile, 76 In AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 21

92

93 96 And yet, only 19 94 Stalkers are not covered, unless their are not covered, unless Stalkers 91

95 intimate partners from 2008 to 2012, in states intimate partners from 2008 to 2012, for all where background checks are required shot to handgun sales, 46% fewer women were death by an intimate partner. D.C. require background states and Washington, private checks for all sales of handguns, including sales. Even where protections and firearm-related who are being safeguards do exist to protect those they are often not abused by an intimate partner, federal law enforced or even enforceable. In fact, does not provide any procedure/mechanism for the removal or surrender of firearms when a permanent 35 states restraining order is issued. Similarly, D.C. prohibit firearm possession and Washington, by persons subject to a domestic violence-related but only 27 of those states restraining order, D.C. also explicitly require or and Washington, authorize relinquishment of firearms. former dating partners with whom a person did whom a person did partners with former dating this are excluded from or have a child not cohabit to as the “boyfriend (commonly referred provision loophole”). level of a felony offense. behavior rises to the order does not prevent A temporary protection or keeping guns. Moreover, abusers from buying and tracking of individuals inadequate recording from purchasing firearms who are prohibited able to obtain firearms from means that they are and abusers can lawfully licensed gun dealers, checks by purchasing weapons avoid background at a gun show or from a private dealer. to close Some state governments have worked the protections offered these loopholes. However, According to are often inconsistent and arbitrary. by armed an analysis of FBI data on women killed

90 e

Between 1998 and 2014, Individuals convicted of felony 88 89 ism for the removal ism for the removal

relinquishment of firearms. But only 27 of those states D.C. also and Washington, explicitly require or authorize mechan 35 states and Washington, D.C. 35 states and Washington, possession by persons prohibit firearm related subject to a domestic violence restraining order or of firearms or surrender restraining/protective when a permanent order is issued. The current frameworkfederal procedur provide any does not firearms under the Gun Control Act of 1968. these federal laws include loopholes Unfortunately, and blatant omissions. For example, current or denied purchases of firearms by those convicted of domestic violence, or under a protection or restraining order. stalking or other acts that rise to the level of felony offenses are prohibited from purchasing or owning persons convicted of the misdemeanor crime of persons convicted of the misdemeanor domestic domestic violence or subject to a final firearms violence protection order from possessing and ammunition. these laws resulted in more than 160,000 22 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE might manifest differently for different individuals, might manifestdifferentlyfor differentindividuals, health diagnosesandhowmental healthconditions and assertionsignoretherange ofpossiblemental automatically pronetoviolence.Thesecorrelations and thosewithmentalhealthconditionsare implying thatpersonswithpsychosocialdisabilities and mentalhealthinpublicdebates,wrongly correlations areoftendrawnbetweengunviolence of harmtothemselvesorothers.Problematic individuals whomaypresentarecognizablerisk critical toexamineaccessfirearmsbythose suicide byfirearm–morethan62aday. In 2016,22,938peopleintheUSAdiedfrom TO THEMSELVES OROTHERS WHO MAY PRESENTARISKOF HARM ACCESS TOFIREARMSFORINDIVIDUALS » » » KEY RECOMMENDATIONS: » » » • • KEY STATISTICS: surrender byandremovaloffirearmsfromprohibitedabusers. State legislaturesshouldpassandimplementlawsestablishingaclearprocessfortheimmediate temporary ( domestic violenceandthosesubjecttoprotectionorrestrainingorders,includingemergency, State legislaturesshouldpassandimplementlawsprohibitingallthoseconvictedofmisdemeanor crime ofstalkingasanoffensethatprohibitsoffendersfrompossessingfirearms. as thetypeofcourtissuedordersthatprohibitoffendersfrompossessingfirearms;andmisdemeanor include: datingpartnersinthedefinitionof“intimatepartner”; The USCongressshouldamendtheViolentCrimeControlandLawEnforcementActof1994to illness. people whohadbeendiagnosedwithmental between 2001and2010werecarriedoutby the 120,000firearm-relatedkillingsinUSA A 2015studyhasfoundthatlessthan5%of suicide byfirearm–morethan62aday. In 2016,22,938peopleintheUSAdiedfrom 99 ex parte ) andfinalorders,frompossessingguns. 100 It is Itis 98

depending on their particular circumstances. depending ontheirparticularcircumstances. issues, patternsofsubstanceabuse,mentalhealth others. Theseinclude,forexample,emotional being atrecognizableriskofself-harmorharming of factorsthatmightcontributetoanindividual firearms istotakeintoaccountthebroadrange A betterframeworkforevaluatingaccessto diagnosed withmentalillness. 2010 werecarriedoutbypeoplewhohadbeen related killingsintheUSAbetween2001and found thatlessthan5%ofthe120,000firearm- Health Statistics,whichtracksgunhomicides,and analyzed statisticsfromtheNationalCenterfor facts. Inanarticlepublishedin2015,researchers Furthermore, suchassertionsareunsupportedby more than suicide byfirearm – in theUSAdiedfrom 22,938 people In 2016, ex parte /temporary protectiveorders

62 aday 101

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 23

97 . if it was someone like [my daughter] and if theirif it was someone like [my daughter] and shefamily went through what we went through,” told Amnesty International. she received a message from her daughter a message from she received She rushed home to findsaying, “Dad is dead”. purchased a gun thatthat her daughter had husband. Regulations inmorning and shot her to purchase daughter Missouri allowed Janet’s without any mandatorya gun without a license, without being stopped bywaiting periods, and Janet has spoken out ona background check. the need for strongerseveral occasions about to qualitygun regulation and for improved access believesmental health care, which she strongly to herwould have prevented what happened I see adaughter and her husband. “Every time I wonder, shooting on the news I think, I mean for circumstances where particular factors for circumstances where particular factors misuse of may increase the risk of harm or the mental firearms amongst people with certain with health conditions, in a manner consistent States should international human rights law. the evidence- implement procedures that facilitate licenses, based temporary suspension of firearm permits and certificates, and the temporary removal of firearms from possession, for example through Extreme Risk Protection Orders (ERPOs), for individuals who are at heightened risk of harm to self or others. States should also institute adequate waiting periods for firearms and ammunition purchases because she would not bathe or put on make- because she would not bathe or put on up morning, I woke up. So then on Wednesday andand I went to say goodbye and I saw her I knew something was off”, she told Amnesty when she was at work, International. Later, was limited, because of the cost of care. Forwas limited, because have health insuranceexample, she did not medicines were often tooand her prescription Janetexpensive to afford. One morning in 2012, noticed that her daughter seemed particularly sick,anxious, “I always knew when she was husband and her 38-year-old daughter. Her daughter. husband and her 38-year-old disability and wasdaughter had a psychosocial mental health conditions.diagnosed with several that Janet told Amnesty International However, health care access to adequate her daughter’s JANET DELANA JANET Missouri with herJanet was living in In 2012, In addition, the regulatory framework governing the sale and use of firearms should account human rights, including confidentiality, autonomy, autonomy, human rights, including confidentiality, and informed consent, and ensure that health workers are able to discuss all factors impacting their patients’ health, well-being and safety, including the possession, use and storage of firearms where relevant. crucial to ensure that people who need mental crucial to ensure that people who need treatment health care are able to access necessary should take and services. Authorities in the USA accessibility steps to improve the availability and with of quality mental health care in compliance conditions and other circumstances which may conditions and other circumstances impact an be temporary or prolonged, but which likelihood of misusing a firearm. It is individual’s 24 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE not beinfringed.” infringe upontheproperty rights ofothers,shall peace orunlawfullydamage ordestroyotherwise a mannerwhichdoesnotbreach orthreatenthe keep andbeararmsforpeacefulpurposes,in tribal codeasfollows:“Therightofthepeopleto population, providesarighttobearsarmsviaits biggest tribeintheUSAtermsoflandmassand arms. However, theNavajoNation,whichis have includedintheirtribalcodea“righttobear” It isnotclearhowmanyNativeAmericantribes and restricttherighttobeararmsontriballand. Tribal governments, assovereignnations,regulate FIREARMS ANDTRIBALNATIONS » » » KEY RECOMMENDATIONS: » » » • • KEY STATISTICS: protections. Such proceduresshouldbeimplementedinamannerconsistentwithinternationalhumanrights of accesstofirearmsforindividualswhomaypresentariskharmthemselvesorothers. States shouldconsideradoptingproceduressuchasERPOswhichprovideforthetemporaryremoval firearms whererelevant. impacting theirpatients’health,well-beingandsafety, includingthepossession, useandstorageof Authorities intheUSshouldtakestepstoensurethathealthworkersareablediscussallfactors firearms andammunitionpurchases. present ariskofharmtothemselvesorothers,includinginstitutingadequatewaitingperiodsforall States shouldconsiderimplementingmeasuresthatreduceaccesstofirearmsforindividualswhomay all policekillings. US population,butaccountedforalmost2%of Native Americansmadeuplessthan1%ofthe Justice foundthatbetween1999and2011 In 2014,theCenteronJuvenileandCriminal firearm. Americans whotooktheirownlivesuseda In 2014,morethanathirdoftheNative 102 105 Mosttribalgovernmentswith 103

104

firearms inthecontextofhuntingandfishing Tribal governmentshaveenactedlawsrelatingto firearms, andsomerequirebackgroundchecks. land. restrict thetypesofweaponsallowedontribal ownership offirearms. of regulationsrelatingtotheuse,possession,or published codesorlawshaveenactedsomeform firearm violence.Alsoconcerning isthefactthat Native Americansinsufficiently protectedfrom comprehensive, leavingsignificant groupsof However, theselaws arenotconsistentor investigation.” discovered duringthedomesticviolencerelated weapons orfirearmsthatareinplainview Criminal Code,anofficer“mayremoveany For example,undertheWhiteMountainApache firearms usedinadomesticviolencesituation. tribal governmentshaveenactedlawsconcerning concealed carryofgunsontriballand. those relatedtoconcealedcarry; prevalent regulationsonfirearmsappeartobe schools andintribalcasinos. and regulatethepresenceoffirearmsonoraround 107 Othersregulatethesaleortransferof 114 106 Somehavelawswhich 110 However, themost 111 somebarall 112 Some 109 113 108

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 25

123 The 122 115 The greatest damage is caused 121 A direct hit to a major organ is invariably fatal, and the “cavitation” effect, which causes a cone of destruction around the path of the bullet, can itself cause severe injuries. So even if the bullet doesn’t the force of the shot can shred hit them directly, criminal assaults – they are larger, faster, and can faster, criminal assaults – they are larger, known asbe equipped with extended magazines, capacity“extendos”, which can triple the normal of 9-18 shots. by high velocity weapons, like the AR-15. bullet is relatively small, but travelling at such velocity that it can pulverize even the thick bones of the upper leg, let alone softer organs and tissue. “Imagine a cavity the size of your fist where everything that should have been there no longer is. How do you fix that?” asked one trauma surgeon. Directors of the National American Indian Court Indian Court of the National American Directors the “lack of entry explained, Judges Association state and federal orders in of tribal protection is a national crisis.” databases For many 118 Handguns This means that 120 117 facilitate this process. rifles, semi-automatic shotguns, semi-automatic submachine guns, large-capacity magazines, bump rifles, semi-automatic shotguns, semi-automatic stocks and other dangerous devices. to provide timely and accurate information governments should work with the federal government Tribal the federal government should provide assistance and funding to to the NICS system, and in parallel, Tribal governments could consider reviewing and revising their tribal codes and laws to ensure that and revising their tribal codes governments could consider reviewing Tribal to life. human rights, including the right obligation to protect and promote they comply with the or transfer; checks for every gun sale at a minimum, comprehensive background This would include, for the purchase, possession and open and concealed training, licensing and registration requirements of mechanisms with human rights safeguards to remove firearms carry of firearms; the establishment themselves or others; and banning semi-automatic assault from those at demonstrable risk of hurting » » have become more deadly, with 9mm and .40 have become more deadly, caliber handguns now the most commonly used in familial, and financial consequences of their injuries shape their lives, irrevocably. Some 30 years ago, the handgun of choice for most assaults was a .22 or .25 caliber. Control estimates, about 116,000 people were shot and injured by firearms in 2016. some 300 people a day were shot and survived – at least long enough to get to the hospital. gunshot survivors, the mental, physical, emotional, 3. GUNSHOT SURVIVORS those whoGun violence is often characterized by but far morehave died from firearm-related injuries, the cost many, people are shot and survive, and for of survival is high. According to Center for Disease » » Judge Richard Blake, President of the Board of Judge Richard Blake, KEY RECOMMENDATIONS: currently, tribal governments and tribal police and tribal tribal governments currently, information to use or provide are not required the National Instant checks to about background As System (NICS). Background Check Criminal 26 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE most severe injuries, including head trauma or most severeinjuries,including headtraumaor such asrehabilitation. patients whoweredischarged toadditionalcare, $95,887 perincident,risingto$179,565for treated andadmittedtothehospitalaveraged determined thathospitalcostsforthosewhowere burden. ResearchersatJohnsHopkinsUniversity The financialcostisalsoanoverwhelming they leavethehospital. some patientsenteradownwardspiralassoon relatively minorinjuriescanbelifechanging,and other formoftraumaticinjuryorillness.Even to causeacutepsychologicaldistressthanany studies havefoundthatbeingshotismorelikely traumatic stressdisorder(PTSD),andhospital of gunfiregoontodevelopfullblownpost- present riskofinfection.Also,manyvictims issues, chronicunremittingpain,andtheever- paralysis, weakness,lossofuse,liverandkidney term complicationsandconsequences,including: organs canbefullyrepaired,resultinginlong- Not alldamagetomuscles,nerves,bonesand which causeadditionaldamage. bone fragmentscancreatesecondary“missiles” tissue, burstarteriesorbreakbones,andbullet Jamie Williford,April2018 JAMIE WILLIFORD 124 For those who suffer the Forthosewhosufferthe and remainsparalysedfromthewaistdown. car. Shewokeupinahospitalbed,unable tomoveherarmsorlegs, of whathappenedaftertheypulledher, screaming inpain,outofthe managed togetthemanearbyhospital.Sheremembersverylittle casings atthescene.Thedriver, whohadalsobeenhitthreetimes, the car. Shewashittwicemoreandpolice laterrecovered19shell completely outofherandleftgaspingforbreathonthefloor glass breaking,thenfeltablowtoherbackthatsuckedthewind through acar’s rearwindow. Sheheardshotsandthesoundof Jamie Williford, thenage 16, wasshotintheback,withahandgun, likewise not factored into these calculations, but are likewise notfactoredintothesecalculations,butare Mental healthcosts–immediateandongoingare hospital readmissionandongoingmedicalcare. consequences andcomplicationsthatrequirerepeat outpatient rehabilitationandsufferlong-termhealth injuries. Manygunshotvictimsneedextensive the overallmedicalcostoftreatinggunshot hospitalization, andsosignificantlyunderstates the figureisstaggering,itcoversonlyinitial $1 millionforinitialhospitalization. spinal cordinjury, individualcostscaneasilyexceed trauma surgeon. fix that?”asked one longer is.Howdoyou have beenthereno everything thatshould size ofyourfistwhere “Imagine acavitythe 116 125 Although Although

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 27

119 care to ensure that they have the best possible care to ensure that they have the best chances of survival and rehabilitation.” likely to be massive, and very difficult to quantify. difficult to quantify. massive, and very likely to be of Human Rights, Declaration In the Universal Assembly in 1948, by the UN General proclaimed the USA pledged to member states including of human rights and achieve “the observance Included among those fundamental freedoms.” medical care. Although it is rights are health and protected, the USA does have not constitutionally regarding the right to international obligations ICERD, and ICESCR. health under the ICCPR, Commissioner for Human In 2016, the UN High human rights and the Rights, when evaluating and regulation of civilian acquisition, possession preventive use of firearms, noted that: “Alongside of firearms measures, states must provide victims protection and violence with effective measures of health reparation, including access to adequate

as injuries

This could be an This could be an underestimate, are not always recorded if at all. accurately, 16,000 people 16,000 care, and do not cause undue or catastrophic financial burdens to gunshot survivors and their families. care, and do not cause undue or catastrophic financial burdens to gunshot US federal and state authorities must ensure that survivors of gun-related violence have access US federal and state authorities must long-term health interventions, which includes necessary, to affordable and quality health care, care, and long-term pain management. rehabilitation services, mental health ensure that health-related costs, including payments for medicinesUS federal and state authorities must violence to access necessaryand health services, do not act as a deterrent for survivors of gun-related are shot every day and survive – at least long enough to get to the hospital. On average, some On average, some 300 people by firearms in 2016: by firearms About 1 injured were shot and » » » » KEY RECOMMENDATIONS: 28 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE identification documents which arenotrequired check; or(4)bypresenting falseorforged the federalrequirementto pass abackground permit fromastatewheresuch apermitoverrides than threeworkingdays;(3)iftheyhaveafirearm (2) ifthebackgroundchecktakesmore FFL; an purchase throughaprivatesellerratherthan required backgroundcheck:(1)byarranginga purchasing afirearmmaycircumventlegally There arefourmainwaysanindividual firearm throughanFFL. million peoplehavebeenstoppedfromobtaininga background checks FBI hasprocessedmorethan257milliononline when theNICSsystembecameoperational, and anyrelevantcivilorders. purchasers’ mentalhealthandcriminalhistories separate nationaldatabasestocheckonpotential System (NICS),throughtheFBI,tosearchthree the NationalInstantCriminalBackgroundCheck checks priortothesaleofagun.FFLscanuse (FFLs) mustconductcomprehensivebackground Act of1993, them. Underfederallaw, specificallytheBrady not endupinthehandsofthoselikelytomisuse provide acriticalsafeguardtoensurethatgunsdo Background checkspriortofirearmpurchases BACKGROUND CHECKS international humanrightslaw. of theUSA’s duediligenceobligationsunder to injuryanddeathfromfirearms,inviolation avoidable violence,leavingindividualssusceptible which perpetuatesunrelentingandpotentially light ofthelargenumberfirearmsincirculation, of gunsafetylawsandregulationsparticularlyin comprehensive, uniformandcoordinatedsystem The USAhasfailedtoimplementa INADEQUATE GUNLAWS ANDPOLICY 4. FAILURE TOPREVENT: 126 allfederalfirearmslicensees 128 and,asaresult,almost3 129

127 Since1998,

private parties. background checksonfirearmsalesbetween these gaps,but31statesstilldonotrequire States differsignificantlyinthewaystheyaddress firearm withoutaserialnumber). and buildinga“ghostgun”(self-manufactured law) intentionally violateorfailtocomplywiththe purchasing froma“dirtydealer”(dealerswho (someone whobuysagunforsomeoneelse), other ways,includingbyusingastrawpurchaser may alsoavoidbackgroundchecksinnumerous to beverifiedatthepointofsale. that 22%ofallfirearmacquisitionsareconducted 131 the USA. or purchaseofafirearmin with eachandeverytransfer background checks universal comprehensive not currentlyrequire Federal lawdoes orbypurchasingfirearmpartsseparately any backgroundcheck. are conductedwithout firearm acquisitions 22% ofall have shownthat As aresult,studies 132 Asaresult,studieshaveshown 130

Purchasers

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 29

141 Up to mental 135 138 Despite 143 pediatricians, 140 and up to 85% of all and up to doctors, have supported universal have supported 136 139 137 and educators. 142

There is broad public support for universal public support There is broad sales. checks on all firearm background Americans 97% of all surveyed gun owners Support for universal background checks. also extends to organizations background checks health researchers, representing public health professionals, law enforcement, background checks are evidence that these firearm violence, the USA has effective in reducing on background checks yet to modify requirements and and address the dangerous gaps in security guns. screening for those attempting to acquire While data is While data 133

134 competent authorities drawing on all available relevant evidence. history of gender-based, sexual or domestic violence; history of gender-based, of drug/alcohol abuse or mental health issues which might medical conditions including history application should be reviewed on a case-by-case basis by lead to the harm of self or others. Each prior criminal record, particularly for violent offences; prior criminal record, particularly for offence; being under indictment for a felony › › › › The US Congress should require that all private sellers of firearms perform background checks through The US Congress should require that all private sellers of firearms perform and the background Federally Licensed Firearms Dealers (FFLs), so that a record of sale is made, check is conducted by an independent and licensed dealer. › › conducted indicating the absence of known risk factors for misuse. Risk factors for consideration conducted indicating the absence of should include, at a minimum: › › The US Congress should enact legislation requiring background checks on all firearm purchases The US Congress should enact legislation These background checks should be sale or other transfer. and transfers, prior to carrying out any » » » KEY RECOMMENDATIONS: » fewer women killed in firearm-related violence by fewer women killed and 53% fewer police officers an intimate partner killed on duty. between 2009 and 2016, yet the overall average between 2009 and in terms of homicides for those states decreased These states also had lower caused by firearm. across the board than states levels of gun violence federal standard, with 47% that deferred to the without any background check. without any found that all states limited, one study relatively checks handgun background with universal of homicides rises in the number experienced

30 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE violence. Governmentsshallrequireperiodic renewaloflicenses.” fitness, requestedpurpose,priorcriminal record,andprioractsofdomestic take intoconsideration,ataminimum, thefollowingfactors:age,mental Governments shallrequiretraininginproper useofsmallarms,andshall persons whoareatriskofmisusingthem... Beforeissuingalicense, national lawslicensingrequirementsto preventpossessionofarmsby arms violencebyprivateactors,Governments shallincorporateintotheir “In ordertoensuretheprotectionofhumanrightsbypreventingsmall obligations areregulatedbystatesindividually. Therefore, anytraining,licensing,andregistration owners, orfirearmtransactionsdispositions.” system fortheregistrationoffirearms,firearm specifically prohibitstheestablishmentof“any who possessoruseafirearm.Indeed,federallaw training, licensing,orregistrationofindividuals possession oruse.Federallawdoesnotrequirethe have acrediblejustificationfortheirownership, being ownedoraccessedbyindividualswhodonot necessary topreventandprotectagainstfirearms criteria. TheUSAhasfailedtotakeallmeasures effectively introducingneed-basedownership have acrediblejustificationforowningweapon, countries aroundtheworldisarequirementto A commonfeatureofthelicensingprocessinmost individuals whopurchase,possessorcarryfirearms. interchangeably with“permitting”),orregistering comprehensive systemfortraining,licensing(used The USAhasnotadoptedanationwide REGISTRATION FIREARM TRAINING,LICENSINGAND Final reportsubmittedbyBarbara Frey, SpecialRapporteur, 8August2006,para.10 Prevention ofhumanrightsviolations committedwithsmallarmsandlightweapons 145

of misusingafirearmtoaccessone. it ismoredifficultforcriminalsandindividualsatrisk combined withlicensingandtrainingoffirearmowners, data indicatesthatwhereregistrationlawshavebeen training priortopurchasingafirearm. and Washington, D.C.mandatesomeformoffirearm and MarylandRhodeIslandbutonlyforhandguns) states (California,Connecticut,Hawaii,Massachusetts, registration withintheirborders.Shockingly, onlysix firearms, whileeightstatesexplicitlyprohibitfirearm firearm andonlytwostatesrequireregistrationofall require alicenseorpermittopurchasealltypesof Massachusetts, NewJersey)andWashington, D.C. states (California,Connecticut,Hawaii,Illinois, requirement in12statesacrosstheUSA.Onlysix or carryafirearmwithoutanytraininglicensing For example,privateindividualsmaypurchase,possess lax lawsinotherstatesunderminetheimpactof allowing anindividualtohaveaccessafirearm, licensing, andregistrationobligationsbefore manage toenactfairlyrobustandstricttraining, state leveldifferwidely, evenifcertainstates However, becausethestandardsinplaceat 147 146

Available Available 144 ,

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Washington, D.C. Washington, allow for some form of concealed carrying of firearms in public 12 states concealed allow individuals to carry any weapons in public without license or permit All 50 states and 30 states carrying of a handgunallow the open any license or permit in public without any sale, transfer or other change of ownership, including loss or theft. country of manufacture (importer) and type of firearm the source of the weapon the name of the licensed holder of the firearm, the manufacturer model/caliber serial number › › › › › › › › › › › implement these systems. At a minimum, national registration should include: › › › Firearms and Explosives (ATF) to register all Firearms and Explosives (ATF) firearms in a central national gun registry, which is digitized and searchable, and should ensure appropriate funding through to ability the legislation to support the ATF’s mandating that firearms may only be obtained formandating that firearms may only be license.purchase or transfer with a valid firearms The US Congress should enact legislation Tobacco, requiring the U.S Bureau of Alcohol, The US Congress should enact legislation » » » international human rights law. international human rights law. KEY RECOMMENDATIONS: » through which individuals who possess or carry through which individuals licensed and registered, firearms may be trained, up in the hands of those who firearms are ending USA is are at risk of misusing them, and the under failing to fulfill its due diligence obligations owners, or firearm transactions orowners, or firearm dispositions” to create a federal system these laws. By failing Federal law specifically prohibits law specifically Federal for “any system of the establishment firearm of firearms, the registration 32 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE guns oncampus campuses allowing colleges/university Number of 2010 or permit. carrying ofahandguninpublicwithoutanylicense license orpermit to carryconcealedweaponsinpublicwithoutany there arenolawsatall:12statesallowindividuals the carryingoffirearmsinpublicandsomestates There isnonationwideuniformityinlawsgoverning public withoutanylicenseorpermit. openly carryorconcealedanylegalfirearmin permit, butin“permitlesscarry”states,onecan concealed andopencarrybyrequiringalicenseor or not,inpublicspaces.Moststatesregulate of carryingaconcealed,orhidden,gun,loaded locations. “Concealedcarry”referstothepractice a gun,loadedornot,inplainsightpublic “Open carry”referstothepracticeofcarrying openly carryfirearmsinpublicmoststates. in publiceverystateandcanlawfully Individuals canlawfullycarryconcealedfirearms OF FIREARMSINPUBLIC REGULATION OFTHECARRYING 0 149 Forty-five states currently allow open Forty-fivestatescurrentlyallowopen 148 and 30 states allow the open and30statesallowtheopen campus allow gunson universities to mandate public States that 2018 12

concealed carry reciprocity laws would, in effect, concealed carryreciprocitylawswould,ineffect, curtail misuse.Theseproposedfederally-mandated where safeguardsandprocessesareinplaceto legislation whichwouldoverrideexistingstatelaws Of furtherconcernarerecenteffortstoenactfederal misusing afirearm. domestic violenceinjunctionsandothersatriskof felonies, withoutstandingcriminalwarrants, possessing firearms,includingpeopleconvictedof permits beingissuedtoindividualsprohibitedfrom the permitsystemsareineffective,resultingin firearms inpublic. Worryingly, insomestates D.C. allowforsomeformofconcealedcarry concealed firearm.All50statesand Washington, a justification” ordemonstratedneedtocarry seven statesareyourequiredtoprovidea“credible carry offirearmsinpublic,someform.Inonly of firearms on college and university campuses, in of firearmsoncollegeanduniversity campuses,in to riskybehavior, allstatesshouldbanthecarrying individuals oncollegecampuses maybemoreprone on academicdiscourseand the likelihoodthat the impliedthreatofviolence anditsimpact campuses, andweighingconcernsregarding from allowingfirearmsoncollegeanduniversity the increasedriskstosecurityofpersonresulting campus toindividualcollegesanduniversities.Given whether ornottoallowconcealedcarryfirearmson campus. mandate publicuniversitiestoallowgunson carry lawspriorto2010;asof2018,12states campuses. Therewerenocollege/universitycampus greater presenceofgunsoncollegeanduniversity There isalsoacurrenttrendtowardsallowing vehemently opposedconcealedcarryreciprocity. own state.Nationwide,lawenforcementgroupshave stringent concealedcarrypermittinglawsintheir states withlessrestrictivelawstocircumventmore for residentsofanystatetoseekpermitsfrom universal reciprocitypolicywouldincreaseincentives carry states.Thereareconcernsthatthistypeof in thecountry, includingresidentsofpermitless are allowedtodointheirownstateany mean thatgunownerscoulddowhateverthey 152 Another21states 150

153 leave the decision of leavethedecisionof 151 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 33 It had reportedly 157

160 161 violations, but also hamper the ability to hold thoseviolations, but also hamper the ability is difficultresponsible to account; a stolen firearm from promptlyto trace, preventing law enforcement impedingidentifying potential suspects and so are nottheir investigation. Often, stolen guns illegal market,recovered and therefore remain on the campus carry states to ensure that armed private that armed private states to ensure campus carry a public do not pose firearms in citizens carrying The failure to ensure the safety of others. threat to system of and reliable nationwide a consistent concealed carry of firearms regulating open and to freedom of movement and restricts the right to life and the right to security threatens the right violating international human of person, thereby rights law. It was taken as evidence and preliminary tests determined 159 Police responding to a domestic disturbance call in Stockton on 9 158 155 According to the San Joaquin County District Attorney, the semi-automatic According to the San Joaquin County District Attorney, 156 as well as by the American Association as well as by the American 154 or concealed, unless there is a credible justification for doing so. or concealed, unless there is a credible authorizing Federally Mandated Concealed Carry Reciprocity. The US Congress should reject legislation carrying of firearms on college and university campuses. All state legislatures should ban the The US Congress should enact legislation prohibiting the carrying of firearms in public, whether open The US Congress should enact legislation January 2015. Rayshawn Harris’s murder remains unsolved. January 2015. Rayshawn Harris’s to report firearms as lost In November 2016, California enacted a new law requiring gun owners or or should have known, that the firearm was lost or stolen within five days of the time they knew, stolen. The requirement became effective in July 2017. Stockton, California. Silva. pistol used to kill him was legally registered to Stockton Mayor Anthony home during a burglary which was reported on 22 March 2015, been stolen from Anthony Silva’s death. 27 days after the boy’s June 2016 located the stolen Beretta. that occurred on 15 that the Beretta was used in the killing of the child as well as another incident RAYSHAWN HARRIS, AGE 13 RAYSHAWN SOUTH STOCKTON, CA his home in South On the morning of 23 February 2015, Rayshawn Harris was shot dead outside » » » Stolen guns fuel the underground illicit gunStolen guns fuel the underground illicit and othersmarket, allowing prohibited purchasers out violentto obtain guns and use them to carry rightscrimes. They not only facilitate human REPORTING OF LOST AND STOLEN FIREARMS » » KEY RECOMMENDATIONS: » 2014, the policy was opposed by 95% of US college2014, the policy was presidents Universities. of State Colleges and governments must take extra Federal and state or carry, concealed carry, precautions in open order to ensure a secure environment and afford a secure environment order to ensure all members of the protection to comprehensive leaders Higher education community. academic In against campus carry. have spoken out nationwide 34 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE firearms intheirpossessionaremissingorstolen. requiring gunownerstoalerttheauthoritieswhen times morefirearmsusedincrimethanstates requirements forlostorstolengunsexported2.5 for GunSafety, statesfailingtoimplementreporting firearms. weapons topreventpotentialtheftorlossofthe only fourstatesrequiregunownerstosecuretheir report lostorstolenfirearmstolawenforcementand nine stateshavenolawrequiringgunownersto owners toreportlostandstolenfirearms.Thirty- not requireunlicenseddealersandindividualgun Despite thescaleofproblem,federallawdoes stolen eachyearthatarenotreported. the thousandsuponoffirearmslostor numbers aresubstantialandyetneitherincludes stolen fromprivateindividualseachyear. Universities estimatedthat380,000gunsare researchers fromHarvardandNorthwestern 2012 and2016. firearms werestolenfromgunstoresbetween 2005 and2010, were stolenfromprivateindividualsbetween to theFBI,anestimated1.4millionfirearms lost orstolenintheUSA,however, according There isnoprecisedataforthenumberoffirearms crime orinthepossessionofaprohibitedpurchaser. sometimes reappearingatthesceneofaviolent lost orstoleninthe USA. data forthenumber offirearms Consequently, thereis no precise mandatory underfederallaw. and unlicenseddealersisnot firearms byprivateindividuals Reporting oflostorstolen 166 According to a 2010 study by Everytown Accordingtoa2010studybyEverytown 163 162 Inastudypublishedin2017, andapproximately31,500 165 164

These 167

from manufacturers serial numbers, erase serialnumbers,purchase‘ghostguns’without occurs. common channelsthroughwhichfirearmtrafficking Lost andstolenfirearmsareoneofthemost or lossofthefirearms. weapons topreventpotentialtheft require gunownerstosecuretheir enforcement andonlyfourstates lost orstolenfirearmstolaw requiring gunownerstoreport Thirty-nine stateshavenolaw » » KEY RECOMMENDATIONS: likely tomisusethem. market andendingupinthehandsofindividuals and inpreventingfirearmsfromenteringtheillegal are allcriticalinrecoveringlostandstolenfirearms, security offirearmsbydealers,sellersandowners the criminalizationofguntrafficking,andproper investigation andtrackingoflostorstolenfirearms, into stateswithstrongergunlaws. be movedillegallyfromstateswithinadequatelaws many gapsinfederalandstatelaws,firearmscan with intenttotrafficthemandbecausethereareso laws whichpenalizethosewhopurchasefirearms gun trafficking. Currently, thereisnofederalstatutecriminalizing enforcement effortstotraceguns. » » prohibits thetraffickingof firearms. The USCongressshouldenact legislationthat officials. immediately reportedtolocallawenforcement requiring alllostandstolenfirearmstobe The USCongressshouldenactlegislation 168 Once stolen, firearm traffickers may Oncestolen,firearmtraffickersmay 171 169 Only one-third of US states have Onlyone-thirdofUSstateshave or steal pre-serialized firearms orstealpre-serializedfirearms 170 in an attempt to thwart law inanattempttothwartlaw 172 Reporting, Reporting, AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 35

177

179

Medical care providers 175 178 where assault weapons or largewhere assault Due to the strength and volume

174 owners or a permit to carry rifles and shotguns. Nevada does not ban semi-automatic firearms or regulate magazine capacity and it places no limit on the number of firearms that may be purchased at one time. magazines equipped with 25 to 100 rounds ofmagazines equipped with 25 to 100 ammunition. Stephenof fire with which he was equipped, of thePaddock was able to endanger the lives over 20,000 individuals attending the concert US federal law does not from 1,200 feet away. ban or regulate semi-automatic assault rifles, large-capacity magazines or accessories like bump stocks. Nevada law does not require a permit to purchase rifles, handguns or shotguns. It does not require registration of firearms, licensing of shotguns, semi-automatic submachine guns, guns, shotguns, semi-automatic submachine dangerous large capacity magazines, or other states and accessories. And while a handful of and cities regulate such weapons, ammunition mass shootings were used, more magazines capacity ammunition other to five for were shot compared than 13 people died, eight people and on average around incidents, for other incidents. compared to five fatalities lethal as rounds firedAssault rifles are particularly velocity of over 3,000 feettypically achieve a catastrophic wounds whenper second, inflicting that fire rounds closer tocompared to handguns 1,000 feet per second. unlike wounds caused by bulletshave explained that velocity bullets cause damagefrom a handgun, high causing morethat extends beyond the bullets’ path, damage and increasing the lethality. there is no federal law regulating the Yet, of semi- domestic use, possession or transfer automatic assault rifles, semi-automatic Among his arsenal were at least 13 trigger or gat cranks, which accelerate trigger or gat cranks, 173 176 semi-automatic AR-15 rifles, most of which were outfitted with bump stocks (which effectively mimic automatic fire) and held large-capacity Stephen Paddock opened fire on Route 91 Harvest Music Festival concertgoers on 1 October 2017, killing 58 people and injuring 700 more. He was armed with 23 firearms. It was the worst mass shooting in modern US history. ROUTE 91 HARVEST MUSIC FESTIVAL, LAS VEGAS, NEVADA LAS VEGAS, FESTIVAL, ROUTE 91 HARVEST MUSIC over recent years. In a review of 56 mass shootingsover recent years. In a review of 56 mass that inbetween 2009 and 2015, it was found the lethality of firearms enormously. the lethality of firearms enormously. out withAlthough most mass shootings are carried have been usedconventional firearms, assault rifles shootingsin a series of high-profile public mass stocks, which transform semi-automatic weapons stocks, which transform the firing of a fully automatic so that they mimic weapon, weapon, and the firing speed of a semi-automatic also increase other accessories enabling rapid fire DEVICES assault rifles with Shooters using semi-automatic can kill many people large-capacity magazines and pose a significant in a matter of minutes such as bump Accessories threat to public safety. SEMI-AUTOMATIC ASSAULT RIFLES ASSAULT SEMI-AUTOMATIC CAPACITY LARGE AND SHOTGUNS, TRIGGER/ BUMP STOCKS, MAGAZINES, OTHER DANGEROUS CRANKS AND GAT 36 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE obligations underinternationalhumanrightslaw. the person,isessentialifUSAtohonorits rights, includingtherighttolifeandsecurityof a clearintensificationofthethreattohuman weapons andaccessories,whichcarrysuch have bannedbumpstocks.Thebanningofthese large-capacity magazinesandonlytenstates either thesaleand/orpossessionofneworold and Washington, D.C.haveenactedlawsbanning assault weapons.Currently, onlyeightstates Virginia, hadenactedregulationsgoverning of assaultweapons.Two states,Minnesotaand or transferoffirearmsincludedinthedefinition D.C. hadlawsbarringorprohibitingpossession June 2018,onlysevenstates accessories, theyremainintheminority second closer to1,000feet per handguns thatfire rounds wounds whencompared to inflicting catastrophic per second, over 3,000feet achieve avelocityof as roundsfiredtypically particularly lethal Assault riflesare

180 andWashington,

. As of 181 182

including lethal force, to defend themselves without including lethalforce,todefendthemselveswithout first” laws)permitindividualstouseforce, Stand Your Groundlaws(alsoknownas“shoot STAND YOURGROUNDLAWS » KEY RECOMMENDATION: Stand Your Ground lawwasenactedinFlorida, compared totheperiod1999-2005, beforethe American MedicalAssociation 2016 studypublishedinthe homicide, homicideandfirearmhomicide. A Ground lawshasledtoincreasesinjustifiable evidence suggeststhatpassingStandYour While everyonehastherighttoself-defense, self-defense. and proportionalitywhenusingdeadlyforcein because theyviolatetheprinciplesofnecessity Ground lawsexplicitlyviolatethesestandards self-defense ordefenseofothers. “imminent threatofdeathorseriousinjury”in if itis“strictlyunavoidable”inordertomeetan Furthermore, theuseoflethalforceislawfulonly of self-protectionarereasonablyavailable. to avoidtheuseofforcewherenon-violentmeans of hisorherlife.Rather, thereisageneralduty rights lawthatnoonemaybearbitrarilydeprived It isafundamentalruleofinternationalhuman some versionofStandYour Groundlaws. recent yearsandcurrently35stateshaveenacted in illegalactivity. Theselawshaveproliferatedin place theyhavearighttobeandarenotengaged any obligationtoretreat,solongastheyareina » or gatcranks,andotherdangerousdevices. large capacitymagazines,bumpstocks,trigger shotguns, semi-automaticsubmachineguns, semi-automatic assaultrifles, banning thesale,transfer, andpossessionof The USCongressshouldpasslegislation Journal ofthe foundthatwhen 185 StandYour 183

184

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 37

These These 188 189 In a follow-up study by study by In a follow-up 186

187 of Stand Your Ground laws in the USA and their Ground laws in the USA and their of Stand Your disparate impact on people of color. and laws themselves, and their inconsistent violate racially uneven application, inherently international human rights law. homicides specifically. homicides in 2017, there researchers, published the same (or the homicides increase in justified was a 75% the in Florida during of lethal force) lawful use same time periods. Ground laws may Stand Your Data indicates that right to life but also the right violate not only the For instance, a to be free from discrimination. justice data from 23 states study of criminal looked at Ground laws, which with Stand Your found that white homicide all cases of homicide, victims were more likely defendants with black than black to have their homicides ruled justified defendants whose victims were white. bodies Numerous international human rights have expressed concern about the proliferation

states

All states should repeal Stand Your Ground Laws. All states should repeal Stand Your

have enacted somehave enacted Stand Your version of Ground laws 35 » KEY RECOMMENDATION: » during the period 2006-2016, after the law was the law was during the period 2006-2016, after in homicides passed, there was a 24.4% increase overall and a 32% increase in firearm-related 38 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE guns” arenotavailabletoconsumersintheUSA. gun safetytechnology, andproductssuchas“smart or statefundingforresearchanddevelopmentof technology. Currently, thereisnosignificantfederal obstructed consumers’abilitytoaccessgunsafety of thesetechnologiesandsubsequentlyhave obstacles havelimitedresearchanddevelopment promise.” and Defensefoundthatthe“technologyholdsgreat US DepartmentsofJustice,HomelandSecurity about stemminggunviolence. years andenteredmanyofthemainstreamdebates safety technologyhasevolvedrapidlyinrecent accidental shootingsandstolenfirearms. number ofvictimsgunviolencecausedbyboth it hasthepotentialtomateriallyreduce solution torootissuesofwidespreadgunviolence, While smartguntechnologyisunlikelytobethe traceable. by unauthorizedusersand/ormakingfirearms and/or microchips–topreventtheuseoffirearms magnets, radio-frequencyidentification(RFID) technologies –proximitysensors,biometrics, firearms traceable.Smartgunsuseavarietyof their usebyunauthorizedusersand/ortomake step furtherbyincorporatingtechnologytoprevent locks. However, gunsafetytechnologytakesita mechanisms availabletosecurefirearms,including There arearangeofpotentialgunsafety TECHOLOGY FAILURE TOINVESTINGUNSAFETY 193 Unfortunately, significantpolitical 192 A report by the Areportbythe 191 Gun Gun » KEY RECOMMENDATION: » making aimedatreducingfirearmsviolence. need tobeanalyzedforevidence-basedpolicy mechanisms offirearmssafety. Allapproaches fund researchanddevelopmentofallpotential The USCongressshouldenactlegislationto trigger onagun.” that theycan’t pulla we shouldmakesure a bottleofaspirin, “If achildcan’t open —President BarackObama,Remarksbythe President onCommon-SenseGunSafety Reform, 5January2016

190 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 39

199 between 1960 and 2015 of emergency medicine and director of the of emergency medicine and director prevent firearm and motor vehicle fatalities prevent firearm and motor vehicle fatalities –Dr. Garen Wintemute, MD, MPH, professor Garen Wintemute, –Dr. Violence Prevention Research Program at the Violence Prevention Research Program University of California Davis, on measures to University of California Davis, on measures “Effective data-gathering and data-gathering “Effective evaluation of evidence-based to requirementsinterventions led and otherfor seatbelts, airbags, reduced vehicle trafficmeasures that research drove downfatalities. This fatality rate bythe motor vehicle should be using the nearly 60%. We firearmsame approach to address the violence crisis in the US.” from storing electronically, data related to gun from storing electronically, ownership or sales, leaving government workers with the daunting and nearly impossible task of sifting through volumes of paper records and The US Congress has also taken steps to restrict The US Congress has also taken steps introduced access to data on firearms. Legislation Amendments”) in 2009 (known as the “Tiahrt ATF from releasing any specifically prohibits the to anyone information from its firearms databases other than law enforcement or prosecutors. prohibited from releasing is, therefore, The ATF any data to scientists, academics and private individuals regarding gun sales and ownership. effectively removed from Amendments The Tiahrt the public record information from a government database that traces guns recovered in crimes back to the dealers. It also restricts the ATF 194

Public 196 195 In contrast, during the same fatalities between 1960 and 2015 197 Despite recent language in a 198 medicine and director of the Violence Prevention medicine and director on measures to prevent firearm and motor vehicle on measures to prevent firearm and motor Research Program at the University of California Davis, Research Program at meaningless. available, there were 38,658 deaths, an increase of over 17%. clarifying that 2018 federal appropriations law, the CDC may research gun violence prevention, the absence of dedicated and adequate funding to conduct the research renders the language deaths in 2016. time period, the number of gun-related deaths in the USA did not decrease and actually went up; in 1982 there were 32,957 firearm deaths and in 2016, the most recent year for which data is Over the past three decades, progress has been Over the past three decades, progress resulting made in reducing other causes of death, when in significant improvements – for example there were compared to the statistics from 1982, 37% less drownings and 44% less fire-related health experts recently noted that of the top 30 health experts recently noted that of gun violence leading causes of death in the USA, the number of was the least researched, based on publications, and the second least-funded. For more than 20 years, the USA has restricted For more than 20 years, the USA has through federal funding for firearms research for publicly funded entities like the Centers and, more Disease Control and Prevention (CDC) the National Institute of Health. recently, Dr. Garen Wintemute, MD, MPH, professor of emergency MD, MPH, professor Garen Wintemute, Dr. for seatbelts, airbags, and other measures that for seatbelts, airbags, fatalities. This research reduced vehicle traffic vehicle fatality rate by drove down the motor the same should be using nearly 60%. We the firearm violence crisis in approach to address the US.” FAILURE TO INVEST IN RESEARCH TO INVEST IN FAILURE evaluation of data-gathering and “Effective led to requirements interventions evidence-based 40 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE in theUSA.Moreover, healthcareproviders, effective incurbingthenegativeimpactoffirearms to whatkindofpolicieshavethepotentialbe can policymakersmakeinformeddecisionsas Only withvalidandup-to-dateresearchdata catastrophic. criminal investigationsinvolvingfirearmshasbeen policies. Theimpactoftheserestrictionson guns andtheimpactofpreventativegun-related such asstrawpurchasers,traffickedandstolen meaningful comprehensiveresearchonissues hours. all approvedgunpurchaserrecordswithin24 Tiahrt AmendmentsrequiretheFBItodestroy microfilm tolocateinformation. law regulating firearms. any meaningful federal failed topass in 2012,theUSAhas of 20childrenandsixadults shooting, whichtookthelives since theSandyHookschool have beenintroduced regarding gunviolence federal legislation 100 piecesof Although over 201 Thislegislationisamajorobstacleto 200 Further, the

» KEY RECOMMENDATIONS: community toprovidesuchresearchanddata. the USAhasstymiedeffortsofresearch to preventfuturefirearmincidents.Unfortunately, firearm-related injuriesandfatalities,butalsohow how todealnotonlywiththeexistingproblemof scientists, andadvocatesallneedguidanceon educators, parents,lawenforcementofficials, » » » causes andeffectsofgunviolence,to conduct evidence-basedresearchonthe legislation allocatingadequatefundingto repeal theDickeyAmendment,andenact firearm violenceisapublichealthcrisis, The USCongressshouldacknowledgethat firearm researchongunviolenceprevention. transfer, forpurposesofconductingfurther regarding firearmownership,possessionand the ATF fromreleasingidentifyinginformation repeal TheTiahrt Amendments,whichprohibit The USCongressshouldenactlegislationto injuries. making aimedatreducingfirearmsdeathsand gun violencepreventiontoinformpolicy research anddevelopviablestrategiesfor AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 41 health care services are made available for children and families exposed to gun violence and trauma. The federal government should launch, and sufficiently fund, a public education and awareness campaign around firearm safety and child deaths due to suicide and unintentional shootings. codes of conduct and training. requiring The US Congress should pass legislation All licensed the safe and secure storage of all guns. required gun dealers and private dealers should be to provide secure gun storage or safety devices upon the sale of all guns, not just handguns. imposing The US Congress should pass legislation minimum age of 18 on possession and purchase from licensed dealers or private sellers of long guns, including rifles and shotguns. The US Congress should amend the Gun-Free School Zones Act to close the loophole for concealed carry permits and should not allow including in cars weapons to be on school property, and vehicles. The US Congress should provide funding to state, local and tribal authorities to ensure that mental States must ensure that those affected by gun States must ensure opportunities for treatment of violence are offered emotional and psychological trauma, and social, victim support offices, direct counseling through schools and hospitals. service organizations, should take immediate State and local authorities rights violations by police action to halt human make clear that abuses officers. They should and unlawful use of including racial profiling tolerated, lethal force by police officers will not be their that officers will be held accountable for will actions and that those responsible for abuses rights be brought to justice. International human police standards should be fully incorporated into • CHILDREN Federal: • • • • • • – FULL LIST OF RECOMMENDATIONS RECOMMENDATIONS LIST OF – FULL

violence prevention programs,

to reduce recidivism, including for crimes linked to gun violence, by allocating funding for job readiness, job placement and mental health support services and by removing barriers to employment. authorities should promptly investigate all firearm- related deaths and hold those found responsible accountable. State and local authorities should support the reintegration of formerly incarcerated individuals of economic deprivation, including through creating job programs, attracting and incentivizing businesses to the area, and offering educational, mentorship and job readiness programs. States and local law enforcement agencies and intervention and reduction strategies that have intervention and reduction strategies that in proven effective in decreasing gun violence high communities where there are persistently levels of firearm violence. State and local authorities must invest in areas Profiling Act. and State and local authorities must implement to support provide sufficient and sustained funding violence community-involved, evidence-based group The US Congress should pass legislation which The US Congress should pass legislation of supports the implementation and funding evidence-based Promise Act. including the Youth The US Congress should pass the End Racial The US Congress should create a commission The US Congress should and develop policy to investigate, analyze impact recommendations to address the disparate of gun violence on communities of color. • • • State: • • • Federal: • RECOMMENDATIONS THE GUN TO PROTECT: FAILURE IN THE USA VIOLENCE CRISIS URBAN GUN VIOLENCE IN THE LINE OF FIRE: HUMAN RIGHTS AND THE U.S. GUN AND THE RIGHTS FIRE: HUMAN LINE OF IN THE CRISIS VIOLENCE 42 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • State: • • • Federal: DOMESTIC VIOLENCE • • • • State: possessing guns. temporary ( or restrainingorders,including emergency, domestic violenceandthosesubject toprotection prohibiting allthoseconvictedofmisdemeanor State legislaturesshouldpassandimplementlaws possessing firearms. stalking asanoffensethatprohibitsoffendersfrom USC 922(g))toincludethemisdemeanorcrimeof Control andLawEnforcementActof1994(18 The USCongressshouldamendtheViolentCrime prohibit offendersfrompossessingfirearms. orders asthetypeofcourtissuedthat 922(g)(8)) toinclude Control andLawEnforcementActof1994(18USC The USCongressshouldamendtheViolentCrime partner” toincludedatingpartners. 921 (a)(32))torevisethedefinitionof“intimate Control andLawEnforcementActof1994(18USC The USCongressshouldamendtheViolentCrime home. safety educationtoparentswithfirearmsinthe encourage healthprofessionalstoofferand State andlocalauthoritiesagenciesshould firearm storedintheirvehicle. individuals whohaveaconcealedcarrypermitor schools andnoexceptionsshouldbegrantedto State legislaturesshouldprohibitgunsinK-12 guns, includingriflesandshotguns. from licenseddealersorprivatesellersoflong a minimumageof18onpossessionandpurchase State legislaturesshouldpasslegislationimposing safety device. unloaded undertheprotectionofagunlockor that mandateallindividualstostorefirearms comprehensive ChildAccessPreventionLaws State legislaturesshouldpassstringentand ex parte ) andfinalorders,from ex parte /temporary protective • OR OTHERS MAY PRESENTARISKOFHARMTOTHEMSELVES ACCESS TOFIREARMSFORINDIVIDUALSWHO • • • TRIBAL NATIONS • • including institutingadequatewaitingperiodsfor may presentariskofharmtothemselvesorothers, that reduceaccesstofirearmsforindividualswho States shouldconsiderimplementingmeasures database. submitted tothefederalNICSbackgroundcheck databases andthatrecordsinstateare order andconvictionrecordsaresubmittedtostate adequate resourcestoensurealllocalprotective States andlocalauthoritiesshouldprovide prohibited abusers. surrender byandremovaloffirearmsfrom establishing aclearprocessfortheimmediate State legislaturesshouldpassandimplementlaws those atdemonstrableriskof hurting themselves human rightssafeguardstoremove firearmsfrom firearms, theestablishmentof mechanismswith possession andopenconcealed carryof and registrationrequirements for thepurchase, for everygunsaleortransfer, training,licensing minimum, comprehensivebackgroundchecks and securityofperson.Thiswouldinclude,ata promote humanrights,includingtherighttolife they complywiththeobligationtoprotectand revising theirtribalcodesandlawstoensurethat Tribal governmentscouldconsiderreviewingand protections. manner consistentwithinternationalhumanrights Such proceduresshouldbeimplementedina present ariskofharmtothemselvesorothers. of accessto as ERPOswhichprovideforthetemporaryremoval States shouldconsideradoptingproceduressuch fire-arms whererelevant. safety, includingthepossession,useandstorageof impacting theirpatients’health,well-beingand that healthworkersareabletodiscussallfactors Authorities intheUSshouldtakestepstoensure all firearmsandammunitionpurchases. firearmsforindividualswhomay AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 43

a prior criminal record, particularly for violent a prior criminal record, particularly for violent offences; being under indictment for a felony offence; sexual or domestic a history of gender-based, violence; drug/ medical conditions including a history of alcohol abuse or mental health issues which Each might lead to the harm of self or others. application should be reviewed on a case-by- case basis by competent authorities drawing on all available relevant evidence. › › › › The US Congress should abolish the current three- day waiting period for performing background checks on all firearms sold by FFLs so that relevant agencies have the ability to track down records and adequately respond to requests. Background checks must be completed before any sale or transfer takes place. conducted indicating the absence of known risk conducted indicating the absence of known factors for misuse. Risk factors for consideration should include, at a minimum: › › › › The US Congress should require that all private sellers of firearms perform background checks through Federally Licensed Firearms Dealers (FFLs), so that a record of sale is made, and that the background check is conducted by an independent and licensed dealer. Ensure that services are available to support services are available Ensure that by gunshot living for those disabled independent needs, including to individual injuries, according of necessary medical provision personal assistance, and support with adapting equipment and supplies for wheelchair access and homes and workplaces medical equipment. the use of other necessary requiring The US Congress should enact legislation and background checks on all firearm purchases other transfers prior to carrying out any sale or These background checks should be transfer. • • • RECOMMENDATIONS TO PREVENT: FAILURE AND POLICY LAW INADEQUATE TO PREVENT FAILURE Federal: •

AUTHORITIES TO: evaluates safety interventions and assesses the impact of measures to reduce the incidence of gun violence over time. prevention. Restore robust funding and training into all public health aspects of gun violence prevention (including through the National Institutes of Health and the Centers for Disease Control and Prevention); gather comprehensive national data that tracks gun-related deaths and injuries, are eligible for, depending on their specific health are eligible for, needs, and have the assistance they require – ideally through a dedicated case manager – to access, obtain and manage those benefits. Build an evidence-based approach to gun violence not act as a deterrent for survivors of gun-related not act as a deterrent for survivors of gun-related not cause violence to access necessary care and do for gunshot undue or catastrophic financial burdens survivors and their families. Ensure that gunshot survivors are fully informed about all health care and support benefits they includes necessary, long-term health interventions, long-term health includes necessary, and rehabilitation services, mental health care long-term pain management. Ensure that health-related costs, including do payments for medicines and health services, Ensure that survivors of gun-related violence have Ensure that survivors of gun-related violence care, which access to affordable and quality health The federal government should provide sufficient The federal government to address the impact of funding to tribal nations firearm violence. Tribal governments could consider working with the governments could Tribal to provide timely and accurate federal government system, and in parallel, the information to the NICS should provide assistance and federal government this process. funding to facilitate or others and banning semi-automatic assault banning semi-automatic or others and semi-automatic shotguns, rifles, semi-automatic magazines, bump guns, large-capacity submachine other dangerous devices. stocks and • • • GUNSHOT SURVIVORS CALLS ON US FEDERAL AMNESTY INTERNATIONAL AND STATE • • RECOMMENDATIONS • 44 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • State: • • • › › › › consideration shouldinclude,ataminimum: of knownriskfactorsformisuse.Risk checks shouldbeconductedindicatingtheabsence or othertransferofafirearm.Thesebackground background checkspriortocarryingoutanysale state legislaturesmustenactlegislationrequiring checks onallfirearmpurchasesandtransfers, In theabsenceoffederallawmandatingbackground any otherreasons. the abolitionofthree-daywaitingperiod),orfor prohibited personsduetodefaultsales(pending to retrieveanyfirearmsthathavebeenreceivedby of Alcohol,Tobacco, FirearmsandExplosives(ATF) conduct backgroundchecksandtotheUSBureau funding toprovidesufficientresourcestheFBI The USCongressshouldenactlegislationallocating licensed FFLswithstatemotorvehicledatabases. or othertransfer, throughcross-checks,bylinking transferee ofafirearmtobeverifiedpriorthesale identification documentsofthepurchaseror The USCongressshouldenactlegislationrequiring that donotreportrecords. eligible records)andtopenalizefederalagencies comprehensive methodsforautomatedentryof reporting (forexample,bycreatingsystematicand facilitate improvementsinstatesystemsforrecords adequate fundingandtechnicalsupportto US Congressshouldenactlegislationallocating Criminal BackgroundCheckSystem(NICS).The to theFBIforinclusioninNationalInstant accurately, completely, andassoonpossible state andlocalagenciesarereportingrecords The USCongressshouldensurethatfederal, › › › › all availablerelevantevidence. case basisbycompetentauthorities drawingon application shouldbereviewed onacase-by- might leadtotheharmofself orothers.Each alcohol abuseormentalhealth issueswhich medical conditionsincludingahistoryofdrug/ violence; a historyofgender-based, sexualordomestic being underindictmentforafelonyoffence; offences; a priorcriminalrecord,particularlyforviolent • • • • Federal: TRAINING, LICENSINGANDREGISTRATION verified priortothesaleorothertransfer, through of thepurchaserortransfereeafirearmtobe enact legislationrequiringidentificationdocuments transfer ofallfirearms,statelegislaturesshould of valididentitydocumentspriortothesaleor In theabsenceoffederallawmandatingverification be performed. databases, sothateffectivebackgroundcheckscan NICS and,whereappropriate,tostateandlocal of eligiblerecords)totheFBIforinclusionin and comprehensivemethodsforautomatedentry as possible(forexample individual tocarryorpossessafirearm,aspromptly other informationpertinenttothefitnessofan criminal records,domesticviolenceordersand heightened riskofharmtothemselvesorothers, individual hasbeenadjudicatedaspresentinga requiring stateandlocalentitiestoreportifan All statelegislaturesshouldenactlegislation › › › › › › national registrationshouldinclude: ability toimplementthesesystems.Ataminimum, funding throughthelegislationtosupportATF’s and searchable,shouldensureappropriate central nationalgunregistry, whichisdigitized and Explosives(ATF) toregisterallfirearmsina the U.SBureauofAlcohol,Tobacco, Firearms The USCongressshouldenactlegislationrequiring purchase ortransferwithavalidfirearmslicense. mandating thatfirearmsmayonlybeobtainedfor The USCongressshouldenactlegislation vehicle databases. cross-checks, bylinkingFFLswithstatemotor › › › › › › the nameoflicensedholder ofthefirearm, the sourceofweapon firearm country ofmanufacture(importer)andtype serial number model/caliber the manufacturer , bycreatingsystematic AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 45 All state legislatures should ban the carrying of firearms on college and university campuses. The US Congress should enact legislation The US Congress should enact legislation prohibiting the carrying of firearms in public, is a whether open or concealed, unless there credible justification for doing so. The US Congress should reject legislation Carry authorizing Federally Mandated Concealed Reciprocity. All state legislatures should enact legislation prohibiting the carrying of firearms in public, whether open or concealed, unless there is a credible justification for doing so. All state legislatures should enact legislation requiring an individual to obtain a permit if they wish to carry any firearm in public. All permits issued should be recorded in the federal registry. All state legislatures should enact legislation should enact All state legislatures testing prior to training and requiring firearms a firearm; applicants license to purchase receiving a in use of the competence must demonstrate storage, safety, firearms law, firearm, as well as in should require additional and first aid. States prior to issuing a license to training and testing training should include live- carry a firearm. This judgment training, verbal fire training, effective shoot/shoot scenarios. resolution and don’t should enact legislation All states legislatures to track and register any requiring firearm dealers of firearms and should sale or transfer of ownership of require firearm dealers to contribute records in the all firearm sales and transfers for inclusion federal register in accordance with established international guidelines. • REGULATING THE CARRYING OF FIREARMS IN OF THE CARRYING REGULATING PUBLIC Federal: • • State: • • • •

of drug/alcohol abuse or mental health issues which might lead to the harm of self or others. Each application should be reviewed on a case-by-case basis by competent authorities drawing on all available relevant evidence. offence; sexual or a history of gender-based, domestic violence; medical conditions including a history a prior criminal record, particularly for violent offences; being under indictment for a felony › › › › › › misuse. Risk factors for consideration should misuse. Risk factors for consideration should include, at a minimum: › › credible justification prior to purchase; credible justification prior to purchase; in general, a minimum age of 21; and a background check has been conducted for indicating the absence of known risk factors any sale, transfer or other change of ownership, or other change any sale, transfer loss or theft. including › › › › become prohibited purchasers. In the event of become prohibited purchasers. In the event of non-compliance with license conditions, systems should be in place whereby firearms licenses are revoked by local law enforcement officials and the firearm immediately removed. All state firearm licenses should be time-limited All state firearm licenses should be time-limited and compliance with license conditions should be vetted prior to expiry/renewal in order to assist law enforcement officials in identifying unauthorized individuals or those who have › › › All state legislatures should enact legislation All state legislatures obtain a license prior to requiring that an individual the purchase of a firearm. authorized A state firearm licenses should not be are met: unless the following minimum conditions possessed by individuals, in keeping with the possessed by individuals, and credible justification. principles of necessity › legislation limiting should enact The US Congress that can be and types of firearms the number • • • State: • 46 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • • • • State: • • • • Federal REPORTING OFLOSTORSTOLENFIREARMS and unloadedsafelystored inlockboxesor requiring thatfirearmowners keep firearmslocked All statelegislaturesshouldenact legislation inventory beinglostorstolen. and precautionstodecreasethe likelihoodof premises andtoadoptadequatesafetymeasures firearms dealerstolockandstoreweaponsontheir legislatures shouldenactlegislationrequiring In theabsenceoffederallegislation,allstate required backgroundcheck. possession ofafirearmbyproxytocircumvent and/or thesolicitationofanindividualtoacquire individual withoutundergoingabackgroundcheck with theintenttotransferpossessionanother prohibiting thepurchaseoracquisitionofafirearm All statelegislaturesshouldenactlegislation trafficking offirearms. legislatures shouldenactlegislationprohibitingthe In theabsenceoffederallegislation,allstate enforcement officials. report lostorstolenfirearmstolocallaw firearm dealersandgunownerstoimmediately should enactlegislationrequiringallunlicensed In theabsenceoffederallaw, allstatelegislatures FFLs arequirement. Protection Actof1986,makingannualauditsall The USCongressshouldamendtheFirearmOwners funding todoso. these requirementsandbeprovidedwithadequate stolen. TheATF shouldbeauthorizedtoenforce decrease thelikelihoodofinventorybeinglostor adequate safetymeasuresandprecautionsto and storeweaponsontheirpremisestoadopt Federally LicensedFirearmDealers(FFLs)tolock The USCongressshouldenactlegislationrequiring prohibits thetraffickingoffirearms. The USCongressshouldenactlegislationthat reported tolocallawenforcementofficials. all lostandstolenfirearmstobeimmediately The USCongressshouldenactlegislationrequiring • • Federal: DANGEROUS DEVICES BUMP STOCKS,TRIGGERCRANKSANDOTHER SHOTGUNS, LARGE-CAPACITY MAGAZINES, SEMI-AUTOMATIC ASSAULT RIFLESAND • SMART GUNSANDGUNSAFETYTECHNOLOGY • STAND YOURGROUNDLAWS • • State: • the purchase,assemblyortransferof“ghostguns,” The USCongressshouldenactlegislationbanning dangerous devices. magazines, bumpstocks,triggercranksandother automatic submachineguns,large-capacity assault rifles,semi-automaticshotguns,semi- the sale,transfer, andpossessionofsemi-automatic The USCongressshouldpasslegislationbanning home orvehicle. stored separatelyfromthefirearm,whenintheir firearm safes,outofplainsight,withammunition aimed atreducingfirearmsviolence. to beanalyzedforevidence-based policymaking mechanisms offirearmssafety. Allapproachesneed fund researchanddevelopment ofallpotential The USCongressshouldenact legislationto Ground laws. All statelegislaturesshouldrepealStandYour firearm manufacturersanddealersfromliability. All statelegislaturesshouldrepeallawsshielding stocks, triggercranksandotherdangerousdevices. submachine guns,large-capacitymagazines,bump semi-automatic shotguns, and possessionofsemi-automaticassaultrifles, should enactlegislationbanningthesale,transfer In theabsenceoffederallaw, allstatelegislatures Lawful CommerceinArmsAct(PLCAA). The USCongressshouldrepealtheProtectionof essentially untraceable. numbers and3D-printedguns,bothofwhichare which areself-assembledfirearmswithoutserial AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 47 violence prevention. The US Congress should enact legislation to repeal The US Congress should from which prohibit the ATF Amendments the Tiahrt firearm releasing identifying information regarding purposes ownership, possession and transfer for the on gun of conducting further firearm research Amendment and enact legislation allocating Amendment and enact conduct evidence-based adequate funding to and effects of gun violence, research on the causes develop viable strategies for and to research and to inform policy making gun violence prevention deaths and injuries. aimed at reducing firearms The US Congress should acknowledge that firearm that firearm should acknowledge The US Congress health crisis, repeal the Dickey violence is a public • INVESTMENT IN RESEARCH TO IDENTIFY IN RESEARCH INVESTMENT REDUCE GUN VIOLENCE TO STRATEGIES • 48 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 ENDNOTES sites/default/files/USAID-2016-What-Works-in-Reducing-Community-Violence-Final-Report.pdf See amnesty.org/download/Documents/8000/pol340012014en.pdf Amnesty International, National Task Force,USDoJ,12December2012, chapter-5.html; billion, GlobalBurdenofArmedViolence2015,Chapter5, According toanassessmentbytheGenevaDeclaration,totalglobalcosts ofhomicide–40%whichisbyfirearm-in2010,wasUS$171 2016), Neighborhoods andViolentCrime, CCPR/C/21/Rev.1/Add.13, para.8. UN HumanRightsCommittee,GeneralComment31, Discussion/2015/AI.pdf Preliminary Observations,Preventionoftheviolationsrighttolife Amnesty International, 2016, See also against-gun-restrictions R. Elving, District ofColumbiav. Heller Yearbook/2011/en/Small-Arms-Survey-2011-Chapter-09-EN.pdf Small ArmsSurvey2011,Chapter9,BalancingAct:regulationofcivilianfirearmspossession, CCPR/C/21/Rev.1/Add.13, para.8. UN HumanRightsCommittee,GeneralComment31, 3. International CovenantonEconomic,SocialandCulturalRights,Dec.16,1966,S.Treaty Doc.No.95-19,6I.L.M.360(1967),993U.N.T.S. Convention ontheRightsofChild,Nov. 20, 1989,1577U.N.T.S. 3. Convention ontheEliminationofAllFormsDiscriminationAgainstWomen, Dec.18,1979,1249U.N.T.S. 13. International ConventionontheEliminationofAllFormsRacialDiscrimination,Mar. 7,1966,660U.N.T.S. 195 International CovenantonCivilandPoliticalRights,Dec.16,1966,S.Treaty Doc.No.95-20,6I.L.M. 368(1967),999U.N.T.S. 171. homicides-ownership/table/ Gun HomicidesandOwnershipbyCountry Disease ControlWISQARS, however cautionsthatthefigureisunstable.Theincludesallshootinginjuries,includingintentional,accidental,andsuicide.Centersfor Centers forDiseaseControlWISQARS(Web-based InjuryStatisticsQueryandReportingSystem)givesatotalfigureof116,414for2016, dataRestriction_inj.html System (WISQARS)InjuryMortalityReports,1999-2013,forNational,Regional,andStates National CenterforInjuryPrevention&Control,USCentersDiseaseControlandPrevention, dataRestriction_inj.html System (WISQARS)InjuryMortalityReports,1999-2013,forNational,Regional,andStates National CenterforInjuryPrevention&Control,USCentersDiseaseControlandPrevention, 1_07-cv-04972-0.pdf Marshall v. Chandler mother-of-remaining-child C. Corley, , USAID, www.opensecrets.org/news/2016/11/the-nra-placed-big-bets-on-the-2016-election-and-won-almost-all-of-them/ www.huduser.gov/portal/periodicals/em/summer16/highlight2.html , M.SpiesandA.Balcerzak, Gun ViolenceRobsMotherof4 The NRAwasn’talwaysagainstgunrestrictions, What worksinreducingcommunityviolence: ameta-reviewandfieldstudyfortheNorthern Triangle R.L. Listenbee,etal, , Case:1:07-cv-04972,13January2010, Human RightsforDignity:aprimeronsocial,economicandcultural rights, The UNHumanRightsCommittee’s ProposedGeneralCommentontheRight To Life,AmnestyInternational’s

. Injury PreventionandControl , No.07–290(2008) Office ofPolicyDevelopmentandResearch,USDepartmentHousing UrbanDevelopment(Summer The NRAplacedbisbetsonthe2016election,andwonalmostallofthem Report oftheAttorneyGeneral’s NationalTask ForceonChildrenExposedtoViolence th Child , Washington Post,(Dec.17,2012), , NPR,5February2013, www.justice.gov/defendingchildhood/cev-rpt-full.pdf The NatureoftheGeneralLegalObligationImposedonStatesPartiesto The NatureoftheGeneralLegalObligationImposedonStatesPartiesto , www.cdc.gov/injury/wisqars/index.html NPR, 10October2017, www.genevadeclaration.org/measurability/global-burden-of-armed-violence/gbav-2015/ www.gpo.gov/fdsys/pkg/USCOURTS-ilnd-1_07-cv-04972/pdf/USCOURTS-ilnd-

, IOR40/1644/2015,p.10, www.npr.org/2013/02/05/171130943/gun-violence-robs-chicago- www.npr.org/2017/10/10/556578593/the-nra-wasnt-always- http://www.washingtonpost.com/wp-srv/special/nation/gun- , January2015, , January2015,

www.smallarmssurvey.org/fileadmin/docs/A- Web-based InjuryStatisticsQuery&Reporting Web-based InjuryStatisticsQuery&Reporting www.ohchr.org/Documents/HRBodies/CCPR/ POL34/001/2014,p.17, www.webappa.cdc.gov/sasweb/ncipc/ www.webappa.cdc.gov/sasweb/ncipc/ , Opensecrets.org,9November , February2016, , AttorneyGeneral’s Covenant, Covenant, www.usaid.gov/ www. AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 49 , www. The Letter [to the www. www. http://www. www.chicagotribune. www.chicagotribune. www.articles.chicagotribune.

www.news.medill.northwestern. www.gunviolence.issuelab.org/ , Chicago Tribune, 23 August 2018, 23 , Chicago Tribune,

Prosecutors allowed to use gang evidence in to use gang evidence Prosecutors allowed www.policingequity.org/wp-content/ Communities Traumatized By Gun Violence Need Communities Traumatized Consortium for Police Leadership in Equity, Consortium for Police Leadership in Equity, www.lawcenter.giffords.org/gun-laws/policy-areas/other- www.cbsnews.com/news/chicago-board-of-ed-votes-to- , Chicago Tribune, 24 November 2014, 24 November 2014, , Chicago Tribune, 24 November 2014, , Chicago Tribune, =; , 28 April 2016, at 6, , Chicago Tribune, 23 March 2016, 23 March 2016, , Chicago Tribune, 23 March 2016, , Chicago Tribune, 23 March 2016, , Chicago Tribune,

www.static.ow.ly/docs/Letter%20of%20Allegation_1oiP.pdf , Chicago Tribune, 23 May 2013, , Chicago Tribune,

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C. Williams, C. Williams, , , Medill Report, 6 February 2018, www.nbcnews.com/think/opinion/communities-traumatized-gun-violence-need- , Giffords Law Center to Prevent Gun Violence, 16 July 2017, Citing: P. J. Cook July 2017, Citing: P. J. , Giffords Law Center to Prevent Gun Violence, 16 , Early Childhood Matters, Bernard Van Leer Foundation, November 2012, at Leer Foundation, November 2012, at , Early Childhood Matters, Bernard Van , CBS News, 22 May 2013, www.chicagotribune.com/news/local/breaking/ct-hadiya-pendleton-killing-gang-ties-met- Joint Center for Political and Economic Studies, Urban Institute & Joyce Foundation, After Getting Shot, Survivors Of Gun Violence Struggle To Find Resources To Deal With Trauma Deal With Find Resources To To After Getting Shot, Survivors Of Gun Violence Struggle . www.policingequity.org/wp-content/uploads/2015/06/cple_contract_for_policing_justice.pdf New York: Oxford University Press, 2000, Oxford University Press, New York: The Contract For Policing Justice Intervention Programs www.webappa.cdc.gov/sasweb/ncipc/mortrate.html www.webappa.cdc.gov/sasweb/ncipc/mortrate.html www.webappa.cdc.gov/sasweb/ncipc/mortrate.html ; www.wusfnews.wusf.usf.edu/post/after-getting-shot-survivors-gun-violence-struggle-find-resources-deal- ; N. Green, , NBC News, 9 February 2018, www.raceandpolicing.issuelab.org/?coverage=&author=&funder=&publisher=&wikitopic_ , Hadiya Pendleton trial recap: Jury finds suspected gunman guilty in slaying suspected gunman guilty trial recap: Jury finds Hadiya Pendleton June 2015, at,

, CPS approves largest school closure in Chicago’s history CPS approves largest school closure in Chicago’s , Chicago Tribune, 7 June 2017, 7 June , Chicago Tribune,

Prosecutors: Suspect in Hadiya Killing Admitted Shooting Minutes Later Prosecutors: Suspect in Hadiya Killing Admitted Shooting Minutes Later Prosecutors: Suspect in Hadiya Him to Shoot Killing Claims Gang Leader Forced Suspect in Hadiya’s Gun Violence: The Real Costs, Race and Policing , Suspect in Hadiya’s Killing Claims Gang Leader Forced Him to Shoot Killing Claims Gang Leader Forced , Suspect in Hadiya’s Him to Shoot Killing Claims Gang Leader Forced , Suspect in Hadiya’s Psychological Impact of Gun Violence Causes Public Health Crisis Psychological Impact of Gun Violence Causes Public www.cdc.gov/injury/wisqars/fatal.html Chicago Board of Ed votes to shut down 50 schools , Midwest Coalition for Human Rights, 24 July 2013, can be accessed at www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf Issue lab, ty’s duty to protect life of the State party’s the proliferation of such laws which are used to circumvent the limits of legitimate self-defense in violation (arts. 2, 6, and 26). conclusion of its official visit to the Group of Experts on People of African Descent, on the Statement to the Media by the United Nations’ Working Engaging Communities in Reducing Gun Violence: A Road Map for Safer Communities resource/engaging-communities-in-reducing-gun-violence-a-road-map-for-safer-communities.html CCPR/C/USA/CO/4 23 April 2014 Concluding Observations on the Fourth Periodic Report of the United States of America 5-6, UN. Doc. un.org/en/ga/search/view_doc.asp?symbol=CCPR/C/USA/CO/4 about the continuing high numbers of gun- (“While acknowledging the measures taken to reduce gun violence, the Committee remains concerned While commending the investigation by related deaths and injuries and the disparate impact of gun violence on minorities, women, and children. Ground” laws, the Committee is concerned about the United States Commission on Civil Rights of the discriminatory effect of the “Stand Your America See categories=&keywords=&pubdate_start_year=1&pubdate_end_year=1&sort=&categories Contract For Policing Justice Consortium for Police Leadership in Equity, uploads/2015/06/cple_contract_for_policing_justice.pdf; and J. Ludwig, laws-policies/intervention-programs/ WUSF Public Media, 15 August 2017, trauma; shut-down-50-schools/ N.S. Ahmed-Ullah, et al, com/2013-05-23/news/chi-chicago-school-closings-20130522_1_chicago-teachers-union-byrd-bennett-one-high-school-program; in Chicago, Illinois, United States of High Commission of Human Rights] of Allegation Regarding the closing of 49 Public Elementary Schools Community Violence and Young Children: Making Space for Hope Community Violence and Young 8-9, I. Marcus, edu/chicago/psychological-impact-of-gun-violence-causes-public-health-crisis/ Mental Health Care, Not More Cops mental-health-care-not-more-ncna846081 Analysis of Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Injury prevention & control; Data Analysis of Centers for Disease Control and Prevention, statistics (WISQARS), Fatal Injury Reports, Statistics Query and Reporting Systems: Fatal Injury Data & Nonfatal Injury Injury Centers for Disease Control and Prevention, Web-based Reports, National Center for Injury Prevention and Control, Injury prevention & control; Data Analysis of Centers for Disease Control and Prevention, statistics (WISQARS), Fatal Injury Reports, S. Schmadeke, chicagotribune.com/news/ct-hadiya-pendleton-murder-met-20141124-story.html S. Schmadeke, com/news/local/breaking/ct-hadiya-pendleton-killing-court-met-20160322-story.html National Center for Injury Prevention and Control, Injury prevention & control; Data Analysis of Centers for Disease Control and Prevention, statistics (WISQARS), Fatal Injury Reports, S. Schmadeke chicagotribune.com/news/local/breaking/ct-hadiya-pendleton-killing-court-met-20160322-story.html S. Schmadeke, chicagotribune.com/news/ct-hadiya-pendleton-murder-met-20141124-story.html S. Schmadeke com/news/local/breaking/ct-hadiya-pendleton-killing-court-met-20160322-story.html Prosecutors and police have both said that none of the victims were gang members. M. Crepeau, gang members. M. Crepeau, that none of the victims were police have both said Prosecutors and slaying Hadiya Pendleton 20170606-story.html O’Connell, P.M. M. Crepeau and http://www.chicagotribune.com/news/local/breaking/ct-met-hadiya-pendleton-trial-updates-20180823-story.html 36 35 33 34

31 32 28 29 30 26 27 24 25 22 23 50 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 while-earning-money-for-gifts/2798639/ Newspaper BoyFatallyShotWhileEarning MoneyforGiftsinChicago chicago.suntimes.com/news/police-boy-15-shot-to-death-while-riding-in-car-on-southwest-side/ M. Hendricjson, December 2017, E. Malagon,etal, December 2017, E. Malagon,etal, while-earning-money-for-gifts/2798639/ Newspaper BoyFatallyShotWhileEarningMoneyforGiftsinChicago chicago.suntimes.com/news/police-boy-15-shot-to-death-while-riding-in-car-on-southwest-side/ M. Hendricjson, December 2017, E. Malagon,etal, Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June 2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 html Takiya Holmesmurdersuspectdeniedbond Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018. Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018. Amnesty InternationalTelephone InterviewwithNaikeeiaWilliams, 21June2018 city/bs-md-ci-ceasefire-troubles-20150530-story.html J. Fenton, murders-2016/ A. Ansari, violence-skyrocketing/ C. Ransford, Justice, September2001, A. BragaandD.Kennedy, amnesty.org/download/Documents/8000/pol340012014en.pdf Amnesty International,HumansRightsforHumanDignity:aprimeronsocial,economicandculturalrights,POL34/001/2014,p.17, Racial Discrimination,UN.Doc.CERD/C/USA/CO/7-9,25September2014, see alsoConcludingObservationsontheCombinedSeventhtoNinthPeriodicReportsofUnitedStates,CommitteeElimination (arts. 2,6,and26). the proliferationofsuchlawswhichareusedtocircumventlimitslegitimateself-defenseinviolationStateparty’s dutytoprotectlife the UnitedStatesCommissiononCivilRightsofdiscriminatoryeffect“StandYour Ground”laws,theCommitteeisconcernedabout related deathsandinjuriesthedisparateimpactofgunviolenceonminorities,women,children.Whilecommendinginvestigationby (“While acknowledgingthemeasurestakentoreducegunviolence,Committeeremainsconcernedaboutcontinuinghighnumbersofgun- United StatesofAmerica5-6,UN.Doc.CCPR/C/USA/CO/4,23April2014, Black communityaswasseenintheattackatchurchCharleston2015.”);ConcludingObservationsonFourthPeriodicReportof and standyourgroundlaws,amongothers.Hatecrimegroups,includingwhitesupremacistterrorgroupsarestillactiveintheUSAtargetingthe “The stateisalsonotactingwithduediligencetoprotecttherightsofAfricanAmericancommunities,asevidencedbylackguncontrol USA, 19-29January2016,

Chicago’s 762homicidesin2016isHighest19years Anti-gun CeasefireProgramStrugglinginBaltimore, Why isChicagoViolenceSkyrocketing, ; Teen 15,ShottoDeathWhileDeliveringNewspapersonChicago’s SWSide, Teen 15,ShottoDeathWhileDeliveringNewspapersonChicago’s SWSide www.chicagotribune.com/news/local/breaking/ct-met-chicago-violence-brian-jasso-20171218-story.html www.chicagotribune.com/news/local/breaking/ct-met-chicago-violence-brian-jasso-20171218-story.html www.chicagotribune.com/news/local/breaking/ct-met-chicago-violence-brian-jasso-20171218-story.html Teen ShotDeadWhileDeliveringTribune, OtherNewspapers,Was Working toBuyHisSisteraGift Teen ShotDeadWhileDeliveringTribune, OtherNewspapers,Was Working toBuyHisSisteraGift Teen ShotDeadWhileDeliveringTribune, OtherNewspapers,Was Working toBuyHisSisteraGift

Reducing theViolence-TheBostonGunProject’s OperationCeasefire www.ncjrs.gov/pdffiles1/nij/188741.pdf www.ohchr.org/en/newsevents/pages/displaynews.aspx?newsid=17000&langid=e

, (Video),ChicagoTribune, 15February2017, Cure ViolenceUSPrograms,22September2016, BaltimoreSun,30May2015,

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, USDepartmentofJustice,NationalInstitute www.cureviolence.org/post/why-is-chicago- www.abc13.com/paperboy-fatally-shot- www.abc13.com/paperboy-fatally-shot-

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www.pediatrics.aappublications.org/content/ , Center for American Progress, February ACLU, 20 November 2015, ACLU, 20 November 2015, Rauner Halts Funding for Chicago Ceasefire www.bradycampaign.org/sites/default/files/Children- www.bradycampaign.org/sites/default/files/Children- www.bradycampaign.org/sites/default/files/Children-

www.lawcenter.giffords.org/gun-laws/policy-areas/who- , , 278 JAMA 1084, 1084, October 1997, ; T. Corfman, ; T. , Giffords Law Center to Prevent Gun Violence, § 650-C:1; N.J. Stat. Ann. § 2C:58-15; Tex. Penal Code Ann. § Association Between Youth-Focused Firearm Laws & Youth Firearm Laws & Youth Association Between Youth-Focused www.everytownresearch.org/school-shootings/ www.everytownresearch.org/school-shootings/

, Case No. DVCE11000010, 3 January 2011, , Pediatrics, 4 April, 2017), 140(1), , Pediatrics, 4 April, 2017), Code § 1714.3.; Utah Code Ann. § 76-10-509.6; Del. Code Ann. tit. 11, §§ 603, , 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, Preamble and Series, vol. 1577, , 20 November 1989, United Nations, Treaty D. W. Webster, et al., Webster, D. W.

www.ncbi.nlm.nih.gov/pubmed/15292085 Minimum Age to Purchase & Possess Minimum Age to Purchase & Possess www.chicagobusiness.com/article/20150305/NEWS02/150309860/rauner-halts-funding-for-ceasefire , Everytown for Gun Safety, , Everytown for Gun Safety, , Everytown for Gun Safety, , Everytown for Gun Safety, www.webappa.cdc.gov/sasweb/ncipc/mortrate.html www.webappa.cdc.gov/sasweb/ncipc/mortrate.html , Brady Center to Prevent Gun Violence, Oct. 2014, at 11-12, , Brady Center to Prevent Gun Violence, Oct. 2014, , Brady Center to Prevent Gun Violence, October 2014, at 14, , Brady Center to Prevent Gun Violence, October 2014, at 14, , Brady Center to Prevent Gun Violence, October 2014, Young Guns: How Gun Violence is Devastating the Millennial Generation Guns: How Gun Violence is Young Convention on the Rights of the Child State Gun Safe Storage Laws and Child Mortality Due to Firearms Teen Shot Dead While Delivering Tribune, Other Newspapers, Was Working to Buy His Sister a Gift Working Newspapers, Was Other Delivering Tribune, Shot Dead While Teen www.chicagotribune.com/news/local/breaking/ct-met-chicago-violence-brian-jasso-20171218-story.html Childhood Firearm Injuries in the United States Childhood Firearm Injuries www.americanprogress.org/wp-content/uploads/2014/02/CAP-Youth-Gun-Violence-report.pdf There’s Only One Country That Hasn’t Ratified the Convention on Children’s Rights: US, on Children’s One Country That Hasn’t Ratified the Convention Only There’s , 292 JAMA 594, 596-98, August 2004, Amnesty International Interview with Kate Ranta, 24 January 2017 Katherine R Maffei, Petitioner vs. Thomas Scott Maffei, Respondent CaseSearch/Details/?caseid=MjcwNDAwMg%3d%3d-zzPUXepH%2faQ%3d&caseNum=DVCE11000010&category=FAM Suicides North Dakota, Ohio, New Mexico, New York, Alabama, Alaska, Arizona, Arkansas, Idaho, Kansas, Louisiana, Maine, Michigan, Montana, Nebraska, Virginia, Wyoming West Washington, Oregon, Pennsylvania, South Carolina, South Dakota, Vermont, (2000-2016) The Relationship Between the Cure Violence Model and Citywide Increases and Decreases in Chicago cureviolence.org/wp-content/uploads/2016/09/2016.09.22-CV-Chicago-Memo.pdf Chicago Business, 5 March 2015, Chain’s can-have-a-gun/minimum-age/ For instance, see Cal. Penal Code §§ 25000-25225; Cal. Civ. Stat. Ann. Stat. Ann. §§ 41.472, 202.300(1) – (3); N.H. Rev. Rev. 1456; Nev. 46.13. Cummings, et al., P. jamanetwork.com/journals/jama/article-abstract/418289; giffords.org/gun-laws/policy-areas/who-can-have-a-gun/minimum-age/ C. Parsons and A. Johnson, 2014, at 2, the the perpetrators of gun violence, as weak gun laws offer easy access to guns in many parts of people are also disproportionately (“Young country.”) See Giffords Law Center to Prevent Gun Violence, School Shootings in America Since 2013 since 2013). (Site provides comprehensive list of school shootings About Kids & Guns The Truth and-Guns-Report.pdf 18 U.S.C. § 922(x)(2)(A), (5) (2018); See UN General Assembly, UN General Assembly, generally. About Kids & Guns The Truth and-Guns-Report.pdf About Kids & Guns The Truth and-Guns-Report.pdf S. Mehta, human-rights/treaty-ratification/theres-only-one-country-hasnt-ratified-convention-childrens mandates that a State been signed and ratified by the USA and which which has Convention on the Law of Treaties See Art 18 of the Vienna acts which would defeat the object and purpose of that treaty prior to its entry into force. which has signed or ratified a treaty must refrain from American Declaration of the Rights and Duties (Site provides comprehensive list of school shootings since 2013). (Site provides comprehensive et al, K. Fowler, pediatrics/early/2017/06/15/peds.2016-3486.full.pdf and Control, Injury prevention & control; Data statistics and Prevention, National Center for Injury Prevention Centers for Disease Control (WISQARS), Fatal Injury Reports, E. Malagon, et al, E. Malagon, et December 2017, control; Data statistics Injury prevention & Injury Prevention and Control, National Center for Control and Prevention, Centers for Disease Fatal Injury Reports, (WISQARS), Since 2013 School Shootings in America 71 72 69 70 67 68 66 63 64 65 60 61 62 59 57 58 54 55 56 52 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 87 86 85 84 83 82 81 80 79 78 77 76 75 74 73 41, no.6,2003:775. Seealso,J.C.Campbell,etal, D. Wiebe, homicide data those cases,theculpritwasacurrent or formerromanticpartner.”); ViolencePolicyCenter, partner violence-related,meaningthey occurredatthehandsofaformerorcurrentpartnerpartner’s familyorfriends.In93percentof (“The CDCanalyzedthemurdersofwomen in18statesfrom2003to2014,findingatotalof10,018deaths.Of those,55percentwereintimate homicides-women/534306/ Nearly HalfofAllMurderedWomen AreKilledbyRomanticPartners (“Over halfofallfemalehomicides(55.3%)forwhichcircumstanceswereknown were[intimatepartnerviolence]-related.”); 2003–2014 E. Petrosky, etal., Study 41, no.6,2003:775.Seealso,J.C.Campbell,etal, D. Wiebe, umn.edu/demo/smallarms2003.html Sub.1/58/27, HumanRightsCommittee(2006),par36,canberetrievedfrom theUniversityofMinnesotaSchoolLawLibrary, Specific HumanRightsIssues:PreventionofViolationsCommitted With SmallArmsandLight Weapon object andpurpose. but hasyettoratifyit.Asasignatory, itistherebybindingontheUSAunderinternationallawtodonothingwhichwoulddefeattreaty’s and promotingwomen’s humanrights.SeveralprovisionsintheConventionaddressviolenceagainstwomen. TheUSAisasignatorytoCEDAW and isthemostcomprehensiveinternationalagreementonbasichumanrightsofwomenprovidesanstandardforprotecting The ConventionontheEliminationallformsofDiscriminationAgainstWomen (CEDAW) wasadoptedin1979bytheUNGeneralAssembly firsthand-look-at-intersection-of-firearms-highlights-need-for-stronger-laws-and-equal-protection/ Protection Hotline FocusSurveyProvidesFirsthandLookatIntersectionofFirearms&DomesticViolence;HighlightsNeedforStrongerLawsandEqual 14 September2016, S.B. Sorenson,andR.A.Schut, documents/2015/09/dv-background-checks-fact-sheet.pdf State BackgroundCheckRequirementsandRatesofDomesticViolenceHomicide Study 41, no.6,2003:775.Seealso,J.C.Campbell,etal, D. Wiebe, homicide data those cases,theculpritwasacurrentorformerromanticpartner.”); ViolencePolicyCenter, partner violence-related,meaningtheyoccurredatthehandsofaformerorcurrentpartner’s familyorfriends.In93percentof (“The CDCanalyzedthemurdersofwomenin18statesfrom2003to2014,findingatotal10,018deaths.Ofthose,55percentwereintimate homicides-women/534306/ Nearly HalfofAllMurderedWomen AreKilledbyRomanticPartners (“Over halfofallfemalehomicides(55.3%)forwhichcircumstanceswereknown[intimatepartnerviolence]-related.”); 2003–2014 E. Petrosky, etal., com/local/broward/fl-sb-maffei-attempted-murder-sentencing-20170406-story.html R. Olmeda, Amnesty InternationalInterviewwithKateRanta,24January2017 CaseSearch/Details/?caseid=MjcwNDAwMg%3d%3d-zzPUXepH%2faQ%3d&caseNum=DVCE11000010&category=FAM Katherine RMaffei,Petitionervs.ThomasScottRespondent www.sun-sentinel.com/local/broward/fl-thomas-maffei-shooting-trial-preview-20170204-story.html P. McMahon, CaseSearch/Details/?caseid=MjcwNDAwMg%3d%3d-zzPUXepH%2faQ%3d&caseNum=DVCE11000010&category=FAM Katherine RMaffei,Petitionervs.ThomasScottRespondent www.lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/domestic-violence-firearms/ Amnesty InternationalInterviewwithKateRanta,24January2017; sun-sentinel.com/local/broward/fl-thomas-maffei-shooting-trial-preview-20170204-story.html P. McMahon, , AmericanJournalonPublicHealth,July2003, , AmericanJournalonPublicHealth,July2003, , NationalDomesticViolenceHotline,Pressrelease,18June2014, Homicide andSuicideRisksAssociatedwithFirearmsintheHome:ANational Case-ControlStudy Homicide andSuicideRisksAssociatedwithFirearmsintheHome:ANationalCase-ControlStudy Homicide andSuicideRisksAssociated withFirearmsintheHome:ANationalCase-ControlStudy Air Forceveteransentencedto60yearsforattemptedmurderofwifeandherfather , CentersforDiseaseControlandPrevention,21July2017, , CentersforDiseaseControlandPrevention,21July2017, Trial startingforex-AirForcemajoraccusedoftryingtokillhiswifeandherdadinBroward Trail StartingforEx-AirForceMajorAccusedofTrying toKillHisWife andHerDadinBroward , 2017, , 2017, Racial andEthnicDifferencesinHomicidesofAdultWomen andtheRoleofIntimatePartnerViolence—UnitedStates, Racial andEthnicDifferencesinHomicidesofAdultWomen andtheRoleofIntimatePartnerViolence —UnitedStates, www.ncbi.nlm.nih.gov/pubmed/27630138 www.vpc.org/studies/wmmw2017.pdf www.vpc.org/studies/wmmw2017.pdf

Nonfatal gunuseinintimatepartnerviolence:Asystematicreviewoftheliterature Risk FactorsforFemicide inAbusiveRelationships:Results FromaMultisiteCaseControl Risk FactorsforFemicideinAbusiveRelationships:ResultsFromaMultisite CaseControl Risk FactorsforFemicideinAbusiveRelationships:ResultsFromaMultisiteCaseControl www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/pdf/0931089.pdf www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/pdf/0931089.pdf , CaseNo.DVCE11000010,3January2011, , CaseNo.DVCE11000010,3January2011, , TheAtlantic,20July2017, , TheAtlantic,20July2017, Domestic Violence&Firearms www.cdc.gov/mmwr/volumes/66/wr/mm6628a1.htm www.cdc.gov/mmwr/volumes/66/wr/mm6628a1.htm www.thehotline.org/2014/06/18/hotline-focus-survey-provides- , EverytownforGunSafety,

When menmurderwomen:Ananalysis of2015 When menmurderwomen:Ananalysisof2015

, SunSentinel,7April2017,

www.theatlantic.com/health/archive/2017/07/ www.theatlantic.com/health/archive/2017/07/ , GiffordsLawCentertoPreventGunViolence, , SunSentinel,6February2017, , Sun-Sentinel,6February2017, , AnnalsofEmergencyMedicine , AnnalsofEmergencyMedicine , AnnalsofEmergencyMedicine www.everytownresearch.org/ www.browardclerk.org/Web2/ , www.browardclerk.org/Web2/

Trauma, ViolenceandAbuse, , UNDoc.No.A/HRC/

see also see also www.sun-sentinel. www.hrlibrary. , O.Khazan, , O.Khazan, www. AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 53 SEARCH and Universal Background www.latimes.com/nation/ FBI Database for Gun Buyers www.everytownresearch.org/ www.angela-riley.squarespace.com/s/ American Journal of Public Health, American Journal of Public Health, www.angela-riley.squarespace.com/s/Riley- www.lawcenter.giffords.org/gun-laws/policy-areas/ ; D. Barrett, et al, 18 U.S.C. § 921(a)(33), defining “misdemeanor 18 U.S.C. § 921(a)(33), www.cjcj.org/news/8113 see also , Everytown for Gun Safety, , Everytown for Gun Safety, US Department of Justice, Federal Bureau of Investigation, 2014, US Department of Justice, www.cdc.gov/nchs/data/nvsr/nvsr65/nvsr65_04.pdf , Los Angeles Times, 24 September 2014, , Los Angeles Times, www.washingtonpost.com/national/fbi-database-for-gun-buyers-missing-

www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/pdf/0931089.pdf www.ncjrs.gov/pdffiles1/bjs/grants/249864.pdf , Giffords Law Center to Prevent Gun Violence, Mass Shootings, and the Politics of American Firearms, Mass Shootings, and the Politics of American Firearms,

Mental Illness, Mental Illness, , Centers for Disease Control, 20 June 2016, State progress in record reporting for firearm-related background checks: Protection order submissions State progress in record reporting for firearm-related , Washington Post, 10 November 2017, , Washington

, The Georgetown Law Journal, Volume 100, 1675, 1677, 30 January 2008, , The Georgetown Law Journal, Volume 100, 1726, 30 January 2008, , The Georgetown Law Journal, Volume The Center on Juvenile and Criminal Justice, 26 August 2014, www.cdc.gov/injury/wisqars/fatal.html www.cdc.gov/injury/wisqars/fatal.html www.ncbi.nlm.nih.gov/pmc/articles/PMC4318286/ www.ncbi.nlm.nih.gov/pmc/articles/PMC4318286/ U.S. settlement with Navajo Nation is largest ever for a tribe Indians and Guns Indians and Guns www.lawcenter.giffords.org/gun-laws/policy-areas/background-checks/universal-background-checks/ , www.fbi.gov/file-repository/2014-nics-ops-report-050115.pdf , American Journal on Public Health, July 2003, on Public Health, July , American Journal Domestic Violence and Firearms, State Laws , Navajo Nation Code ANN. TIT. 1, §6 Navajo Nation Code ANN. TIT. A. Riley, National Vital Statistics Reports Who Are Police Killing?, A. Riley, Riley-Indians-and-Guns.pdf C. Carcamo, nationnow/la-na-nn-navajo-nation-settlement-20140924-story.html Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control, Web-based Injury Statistics Query and Reporting Injury Statistics Query Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control, Web-based System (WISQARS), The average number of annual firearm suicides between 2000-2016 is 18,822 per year. MacLeish, J.M. Metzl, and K.T. February 2015, Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control, Web-based Injury Statistics Query and Reporting Centers for Injury Prevention and Control, Web-based Centers for Disease Control and Prevention, National System (WISQARS), 2000-2016 is 18,822 per year. The average number of annual firearm suicides between MacLeish, J.M. Metzl, and K.T. February 2015, and North Carolina) have this permit and background check requirement for the purchase of handguns, but not long guns. Illinois also requires a and North Carolina) have this permit and background See, Giffords Law Center to Prevent Gun Violence, is sold at a gun show. point of sale background check whenever a firearm Checks See who-can-have-a-gun/domestic-violence-firearms/ 1 August 2018. Amnesty International Interview with Janet Delana, State Background Check Requirements and Rates of Domestic Violence Homicide State Background Check Requirements and Rates of documents/2015/09/dv-background-checks-fact-sheet.pdf and DC require universal Oregon, Rhode Island, Washington) Nevada, New York, Nine states (California, Colorado, Connecticut, Delaware, and transfers of all classes of firearms, whether they are purchased from a licensed dealer or background checks at the point of sale for all sales guns, Maryland and Pennsylvania, require point of sale background checks for handguns but not for long more states, Two an unlicensed seller. background check, four states (Hawaii, Illinois, Massachusetts, and New Jersey) require all like rifles and shotguns. Instead of a point of sale a background check, in order to buy any firearm. Four more states (Iowa, Michigan, Nebraska, firearm purchasers to obtain a permit, issued after (defining “misdemeanor crime of domestic violence” as prohibiting gun ownership); crime of domestic violence” as prohibiting gun ownership); (defining “misdemeanor “intimate partner.” Gun Control Act of 1968, 18 U.S.C. §921 (32), defining domestic violence.”; The codified at 18 USC § 922(g) & (n). The Gun Control Act of 1968, B. Goggins, and A. Gallegos, the National Center for State Courts, April 2016, Missing Millions of Records millions-of-records/2017/11/10/dd87ff8c-c4c4-11e7-aae0-cb18a8c29c65_story.html?utm_term=.92c8e0f44901 hearing at which both parties have the opportunity to present evidence. hearing at which both parties Background Check System (NICS) Operations 2014, National Instant Criminal at 18, codified at 18 USC § 922(g) & (n). The Gun Control Act of 1968, §922 (g)(9) known as the “Lautenberg Amendment,” 18 U.S.C. “Domestic Violence Offender Gun Ban,” also The Gun Control Act of 1968, Study civil domestic violence are two main types of U.S.C. § 921 et seq. There amendments, 18 Act of 1968, and subsequent The Gun Control that are sought by law protective orders states also have ‘emergency’ orders and final orders (some temporary (ex parte) protective orders: who is issued by a judge A temporary protective order of normal court hours). that are issued outside rather than the victim and/or enforcement the petitioner until it is necessary to protect that order, seeking the protective submitted by the person on information or evidence finds, based notice. Final protective orders are issued by a judge after a full The alleged abuser does not generally receive prior a full hearing can be held. Indians-and-Guns.pdf 106 102 103 104 105 100 101 98 99 96 97 94 95 92 93 89 90 91 88 54 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 110 109 108 107 NICS FirearmBackgroundChecks,November 30,1998-August31,2018, National InstantCriminalBackground Check System(NICS),FBI, The BradyHandgunViolencePrevention Actof1993,18USC.§922(s),amendingtheGunControl1968. Care Surgery, 2016. -%202018.pdf National SpinalCordInjuryStatisticalCenter, 2017, 1729-38. F. Gani,etal, article201949054.html A. Daugherty, March 2018, the Smith&Wesson M&P15andtheSpringfieldArmorySaint.SeeJ.Ismayetal, The termAR-15hasbecomeacatchallthatincludesvarietyofweapons lookandoperatesimilarly, includingtheRemingtonBushmaster, com/news/shoot-to-kill/ J. George, Bureau ofJusticeStatistics, ICESCR, CRC,CEDAW, andtheConventiononRightsofPersonswithDisabilities. The USAisoneofthefewcountriesinworldthathasnotratifiedkeytreatieswhichguaranteeaspectsrighttohealth,theseinclude Disease ControlWISQARS,InjuryPreventionandControl, however cautionsthatthefigureisunstable.Theincludesallshootinginjuries,includingintentional,accidental,andsuicide.Centersfor Centers forDiseaseControlWISQARS(Web-based InjuryStatisticsQueryandReportingSystem)givesatotalfigureof116,414for2016, org/2018/10/cdc-nonfatal-gun-injury-data-estimate-problems/. Nguyen, significant increaseoverthe85,000estimatedfor2015,andthatisnotreflectedinotherdatasets.SeeS.Campbell,D.Nass,M. for theTrace havequeriedthemethodology, particularlythesmallsamplesize,andhavenotedthat2016figureof116,000injuriesisa The dataisanestimate,derivedfromasurveyofhospitalsacrossthecountry, andislikelytobeunstablepronefluctuation.Investigators Data, 2016. The CentersforDiseaseControlandPrevention(CDC),WISQARS™(Web-based InjuryStatisticsQueryandReportingSystem),Non-Fatal Amnesty InternationalInterviewwithJamieWilliford, April2018. 2015, Tribal CourtAccessTo ProtectionOrderRegistriesCouldHavePreventedGunTragedy White MountainApacheCrim.Code§6.3(D)(2) 11.4.09(D) Coushatta Tribe OfLA.Codes§3a.02.010(A)(2);ElyShoshoneTribal Code§171.146;Cherokee§14-34.15(A);MakahTribal Code Absentee-Shawnee Tribe OfIndiansOklahoma,Tribal CodeCriminalOffenses§508(A) Albany LawReview, 2014,at891, Tweedy, Mills Law&OrderCode§610;LawsOfTheConfederatedSalishAndKootenaiTribes §2-1-1204;A.Riley, Absentee-Shawnee Tribe OfIndiansOkla.Tribal CodeCriminalOffenses§508(A);PoarchBandOfCreekIndiansTribal Code§8-6-17;Bay Albany LawReview, 2014, Tweedy, Cherokee IndiansEasternBand,NorthCarolina-CodeOfOrdinances &Arapaho Fish&GameCode§16-8-12 Pueblo ofLagunaTribe CriminalCodeChapter10.-Weapons §15-10-2;MescaleroApacheTribe §510-5-1;CherokeeCode§113-10;Shoshone Vol78_2/78.2.885%20Tweedy.pdf Exercise TheirSovereignRightsTo EnactGunBansOrStand-Your-Ground Laws Ely ShoshoneCrim.Code§202.265;EasternBandCherokeeIndians§144-2;A.Tweedy, §9.12.840(A)(2); LawAndOrderCodeOfTheRosebudSiouxTribe §5-11-2;EasternBandCherokeeIndiansCode§14-34.11(A) Eastern BandCherokeeIndiansCode§14-34.11(A);LawAndOrderOfTheRosebudSiouxTribe §5-11-2;SquaxinIslandTribal Code www.courts.ca.gov/documents/forum-20150416-materials.pdf Indian Tribes AndGunRegulation:ShouldTribes ExerciseTheirSovereignRightsTo EnactGunBansOrStand-Your-Ground Laws Indian Tribes AndGunRegulation:ShouldTribes ExerciseTheirSovereignRightsTo EnactGunBansOrStand-Your-Ground Laws The CDCsaysguninjuriesareontherise,buttherebigproblemswithitsdata Shoot tokill:WhyBaltimoreisoneofthemostlethalcitiesinUS www.cdc.gov/injury/wisqars/nonfatal.html www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html Why AR-15InjuriesaresoDevastating Emergency DepartmentVisitsForFirearm-RelatedInjuriesInTheUnitedStates, 2006–14 ; Seealso,P.Rhee, etal,Gunshotwounds:Areviewofballistics,bullets,weaponsandmyths,TheJournalTrauma andAcute

www.albanylawreview.org/Articles/Vol78_2/78.2.885%20Tweedy.pdf Guns UsedinCrime

www.albanylawreview.org/Articles/Vol78_2/78.2.885%20Tweedy.pdf Facts andFiguresataGlance , July1995, , MiamiHerald,24February2018,

www.cdc.gov/injury/wisqars/index.html www.bjs.gov/content/pub/pdf/GUIC.PDF www.fbi.gov/services/cjis/nics , §14.34.1; GilaRiverIndianCommunityCriminalCode§5.1301;A. , 2018 www.fbi.gov/file-repository/nics_firearm_checks_-_month_year.pdf ?, AlbanyLawReview, 2014, , BaltimoreSun,30September2016,

How theAR15became‘America’s Rifle’ www.nscisc.uab.edu/Public/Facts%20and%20Figures%20 , NationalAmericanIndianCourtJudgesAssociation,6April www.miamiherald.com/news/local/community/broward/ , TheTrace, 4October2018,https://www.thetrace.

Indian Tribes AndGunRegulation:ShouldTribes

, HealthAffairs,Vol. 36,No10,October Indians andGuns, www.albanylawreview.org/Articles/ www.data.baltimoresun. , NewYork Times, 3 at 1726;A. ?, ?,

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 55

(“In

www.

, 7 Inj. Pediatricians www.politifact. Do 90% of Americans

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www.nea.org/home/54528.htm , Politifact, 2 March 2018,

, Ann Intern Med. 2017;166(4):233-239, 21 , Ann Intern Med. 2017;166(4):233-239, (finding that 96% of respondents supported universal (finding that 96% of respondents supported universal www.ama-assn.org/ama-calls-gun-violence-public-health- www.apa.org/pubs/info/reports/gun-violence-prevention. , CBS News, 17 January 2013, www.everytownresearch.org/wp-content/uploads/2017/01/

, Politico, 3 October 2017, , Preventive Medicine, 18 May 2015,

www.politifact.com/wisconsin/statements/2017/oct/03/chris-abele/do-90- , American Academy of Pediatrics, 2012, www.thedailybeast.com/pediatricians-take-on-the-nra-over-gun-safety www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download , Everytown for Gun Safety, , Everytown for Gun Safety, , American Public Health Association, 5 January 2016, , American Public Health Association, 5 January 2016, www.lawcenter.giffords.org/gun-laws/policy-areas/gun-owner-responsibilities/licensing/ www.documents-dds-ny.un.org/doc/UNDOC/GEN/G16/078/72/PDF/G1607872. www.apha.org/-/media/files/pdf/factsheets/160317_gunviolencefs. , National Law Enforcement Partnership to Prevent Gun Violence, 21 May 2018, , American Psychological Association, , American Medical Association, 2016, (finding that 96% of respondents supported universal background checks.) (finding that 96% of respondents supported universal

, National Education Association, 12 February 2013, www.scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.bing. , Politico, 3 October 2017, (Everytown compared the number of women killed with guns by current or former partners between (Everytown compared the number of women killed 9 in 10 Back Universal Gun Background Checks Background Checks for Firearm Transfers, 2013-2014 – Statistical Tables 2013-2014 – Statistical for Firearm Transfers, Background Checks , The Daily Beast, 15 May 2014, Specific Human Rights Issues: Prevention of Human Rights Violations Committed With Small Arms and Specific Human Rights Issues: Prevention of Human Rights Violations Committed Relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Crime Guns Relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Crime (“The list of measures to prevent small arms violence by private actors include, inter alia, licensing requirements to prevent the (“The list of measures to prevent small arms violence by private actors include, inter alia, licensing requirements www.annals.org/aim/article/2595892/firearm-acquisition-without-background-checks-results-national-survey Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers In Chicago: Dirty Dealers, Straw Purchasers, And Some Sources Of Crime Guns Firearm Acquisition Without Background Checks: Results of a National Survey Firearm Acquisition Without

Two Years after Newtown -Public Opinion on Gun Policy Revisited after Newtown -Public Opinion on Years Two s, UN Doc. No. A/HRC/Sub.1/58/2, 2006; Do 90% of Americans support background checks for all gun sales? Do 90% of Americans support background checks universal background checks Mostly on target claim: 97 percent of gun owners support , American Public Health Association, , Giffords Law Center to Prevent Gun Violence,

Prevention 184, 188-89, 2001. (The study analyzed the firearm tracing data of crime guns recovered in 25 US cities revealed that states with Prevention 184, 188-89, 2001. (The study analyzed the firearm tracing data of crime guns recovered dealers from being recovered in crimes some form of both registration and licensing have greater success keeping firearms initially sold by in-state laws make it more challenging than states without such registration and licensing systems. This data suggests that licensing and registration firearm owners remain eligible to keep for criminals, at-risk individuals, and other prohibited purchasers to obtain guns, and help ensure that which include aspects of licensing or their weapons. The study included jurisdictions with concealed carry permits and dealer sales reporting, Light Weapon pdf?OpenElement possession of arms by persons who are at risk of misusing them”). § 25.9(b)(3) 28 C.F.R. Licensing et al., Webster, D.W. Take on the NRA Over Gun Safety Take Statement On Comprehensive Gun Safety Proposals lepartnership.org/wp-content/uploads/2018/05/LEP-Letter-2018-4_Gun-Laws-Redux_FINAL.pdf for Gun Violence Prevention Hearing Testimony UN Human Rights Committee, Gun Violence: Prediction, Prevention, and Policy aspx AMA Calls Gun Violence ‘A Public Health Crisis’ crisis Recommendations American Academy of Pediatrics Gun Violence Policy and-policy/federal-advocacy/Documents/AAPGunViolencePreventionPolicyRecommendations_Jan2013.pdf C. Barry, et al, C. Barry, releases/2015/large-majority-of-americans-includin-gun-owners-support-stronger-gun-safety-policies.html APHA supports executive actions to prevent gun violence org/news-and-media/news-releases/apha-news-releases/2016/apha-supports-actions-to-prevent-gun-violence Gun Violence ashx?la=en&hash=AB71DE1BEDEBB2A797F8EC378E672791904FCF87 T. Kertscher, Kertscher, T. statements/2017/oct/03/chris-abele/do-90-americans-support-background-checks-all-gun-/ background checks); S. Dutton, et al, 34222_162-57564386-10391739/9-in-10-back-universal-gun-background-checks/ Kertscher, T. com/wisconsin/statements/2018/mar/02/tammy-baldwin/mostly-target-claim-97-percent-gun-owners-support-/ support background checks for all gun sales? americans-support-background-checks-all-gun-/ M. Miller, et al, M. Miller, February 2017, Gun Violence and Save Lives Background Checks Reduce Background_Check-_FactSheet_web.pdf background checks for unlicensed handgun sales. Data were obtained from the FBI’s 2010 and 2014 in states that did or did not require Department of Law Enforcement.) Supplementary Homicide Reports and from the Florida P.J. Cook, et al, Cook, P.J. 104, Issue 4, Fall 2015, Volume Criminology, com/&httpsredir=1&article=7538&context=jclc at 4, Questions and Answers, ATF, Most Frequently Asked Firearm any person may sell a firearm to an unlicensed resident of the State between individuals residing in the same state, regard to transferring firearms to believe the person is prohibited from receiving or possessing he or she does not know or have reasonable cause where he resides as long as firearms under Federal law.”) Bureau of Justice Statistics, US DoJ, Bureau of Justice bcft1314st.pdf documents. Accordingly, identification an FFL must validate a purchaser’s mandated through which there is no process law, Under federal identification is not purchaser’s valid identification, the an FFL must present purchasing a firearm from that an individual despite a requirement system. through a uniform necessarily verified 145 146 147 142 143 144 139 140 141 137 138 135 136 133 134 131 132 129 130 56 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 167 166 165 168 164 163 162 161 160 159 158 157 156 155 154 153 152 151 150 149 148 Trace theGuns:TheLinkBetweenGunLawsandInterstateTrafficking The Trace, November2017, responsibilities/reporting-lost-stolen-firearms/ Reporting Lost&StolenFirearms everytownresearch.org/everytown-comments-on-lost-and-stolen/ Everytown CommentsonGunsLostorStoleninTransit fromGunDealers gov/pmc/articles/PMC5385318/ laws/policy-areas/crime-guns/trafficking-straw-purchasing/ Reducing GunViolence:CrackingDown ontheIllegalGunTrade tracetheguns.org/report.pdf D. Hemenway, etal, 2012-2016 This includesburglaries,robberies,andlarceniesnotlostweaponsfrom FFLs. pub/pdf/fshbopc0510.pdf Firearms StolenDuringHouseholdBurglariesandOtherPropertyCrimes CA PenalCode§2520et.seq. mayor-silva-alleged-to-have-ar-15-out-on-bail R. Philips, mayors-stolen-gun-used-in-the-murder-of-13-year-old-boy/284424820 Stockton Mayor’s StolenGunUsedintheMurderof13-yearoldBoy com/2016/07/29/stockton-mayors-gun-used-in-murder-of-13-year-old-boy/ S. Rajee, com/2016/07/29/stockton-mayors-gun-used-in-murder-of-13-year-old-boy/ S. Rajee, stockton/stockton-mayors-stolen-gun-used-in-the-murder-of-13-year-old-boy/284424820 mayors-stolen-gun R. Phillips, files/CampusCarry.pdf Joint StatementOpposing“CampusCarryLaws” Health, 2014,62(7):461-9, J.H. Price,etal, Violence, North Dakota,Pennsylvania,RhodeIsland,SouthVermont, Washington, andWest Virginia.SeeGiffordsLawCentertoPreventGun Alabama, Alaska,Arizona,Connecticut,Delaware,Hawaii,Indiana,Iowa,Kentucky, Maine,Maryland,Minnesota,Montana,NewHampshire, giffords.org/gun-laws/policy-areas/guns-in-public/guns-in-schools/ org/research/education/guns-on-campus-overview.aspx#1 campus carrythatallowsvisitorstoguns,butnotstudentsorfaculty. NationalConferenceofStateLegislatures,5May2017, Arkansas, Colorado,Idaho,Kansas,Mississippi,Georgia,Oregon,Tennessee, Texas, Utah,andWisconsin. Minnesotahasanarrowerversionof Nationwide-Concealed-Carry-Reciprocity.pdf Letter fromJimJohnsontoMembersofCongress article/20091011/NEWS14/910110365/Should-these-Hoosiers-been-allowed-carry-gun-public Alesia, etal., Sun-Sentinel, 28January2007, A1, W.C. RempelandR.A.Serrano, open-carry/#state 3020 (2010), In somestates,however, thefirearmsmustbeunloaded; public/concealed-carry/ Concealed CarryWeapons Permitting registration butarenotcomprehensivelicensingorsystems.) www.articles.latimes.com/2000/oct/03/news/mn-30319 Stockton Mayor’s GunUsedintheMurderof13Year-Old Boy, 2OtherCrimes Stockton Mayor’s GunUsedintheMurderof13Year-Old Boy, 2OtherCrimes Guns inSchools Former MayorSilva,allegedtohaveAR-15,outonbail Murder Weapon Was Mayor’s StolenGun , ATF, 2017, Should TheseHoosiersHaveBeenAllowedtoCarryaGuninPublic?, See OpenCarry University Presidents’PerceptionsandPracticeRegardingtheCarryingofConcealedHandgunsonCollegeCampuses

; Stockton Mayor’s StolenGunUsedintheMurderof13-yearoldBoy Whose GunsAreStolen:TheEpidemiologyofGunTheftVictims

www.atf.gov/resource-center/data-statistics

,

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Felons GetConcealedGunLicensesUnderBush’s ‘Tough’ GunLaw www.articles.orlandosentinel.com/2007-01-28/news/MGUNS28_1_carry-a-gun-license-to-carry-concealed , GiffordsLawCentertoPreventGunViolence, , GiffordsLawCentertoPreventGunViolence,

; See also , AmericanAssociationofUniversityProfessors,12November2015, , 24May2016, , RecordNet,29July2016, , M.Siegelbaum, ; seealsoGiffordsLawCentertoPreventGunViolence, D.C. v. Heller

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, GiffordsLawCentertoPreventGunViolence,

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, ABCNews,27July2016,

, 554U.S.570,626(2008);

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, MayorsAgainstIllegalGuns,September 2010,at24-24, www.lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/ www.lawcenter.giffords.org/gun-laws/policy-areas/gun-owner- www.recordnet.com/news/20160729/murder-weapon-was- Indianapolis Star,11October2009, See FederalFirearmsLicenseeStatisticsTheft/LossReports www.lawcenter.giffords.org/gun-laws/policy-areas/guns-in- , InjEpidemiol,December2017;4:11, , CBSNews,29July2016, , CBSNews,29July2016, , ABCNews,27July2016,

. www.abc10.com/news/local/stockton/stockton- www.recordnet.com/news/20180323/former- , LosAngelesTimes, 3October2000,at McDonald v. CityofChicago . www.lawcenter.giffords.org/gun- Guns inSchools www.sacramento.cbslocal. www.sacramento.cbslocal. www.abc10.com/news/local/ www.aaup.org/sites/default/ www.indystar.com/ , SouthFlorida www.bjs.gov/content/ www.ncbi.nlm.nih. , , 130S.Ct. www.lawcenter. www.ncsl. www. , JAmColl www. ; M. , AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 57 www.

, www.

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, Associated Press, 2 October 2017, , Associated Press, 2 October , Las Vegas Sun, 27 April 2018, , Las Vegas , United Nations, Office of the High Commissioner of Human , United Nations, Office of the High Commissioner www.latimes.com/nation/la-na-las-vegas-timeline-20180119-story. www.lawcenter.giffords.org/gun-laws/state-law/nevada/ www.jamanetwork.com/journals/jamainternalmedicine/article- ; See also Matt Pearce, www.lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/stand- www.nbcnews.com/storyline/las-vegas-shooting/las-vegas-shooter-seemed-

Concluding Observations On The Combined Seventh To Ninth Periodic Concluding Observations On The Combined Seventh To

Mass Casualty Shooting

, The White House, Office of the Press Secretary, 5 January 2016, , The White House, Office of the Press Secretary, , Giffords Law Center to Prevent Gun Violence, , Giffords Law Center to Prevent Gun Violence, , Giffords Law Center to Prevent www.everytownresearch.org/documents/2015/09/analysis-mass-shootings.pdf

www.jamanetwork.com/journals/jamainternalmedicine/fullarticle/2582988 , October 1, 2017 www.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx , NBC News, 3 October 2017, , NBC News, 3 October 2017, , Los Angeles Times, 19 January 2018, 19 January , Los Angeles Times, , UN Doc. No. CERD/C/USA/CO/7, 2014, paragraph 16, 9. , Everytown For Gun Safety, , Everytown For Gun Safety, An average man’s weapons of mass destruction weapons An average man’s

, U.N. Doc. A/HRC/Sub.1/58/27, 2006, at 12. , Giffords Law Center to Prevent Gun Violence, , JAMA (January 2017), , Giffords Law Center to Prevent Gun Violence, Evaluating the Impact of Florida’s “Stand Your Ground” Self-defense Law on Homicide and Suicide by Firearm: An “Stand Your Evaluating the Impact of Florida’s www.bradycampaign.org/sites/default/files/Missing-Guns-Lost-and-Dangerous.pdf Association Between Enactment of a “Stand Your Ground” Self-defense Law and Unlawful Homicides in Florida Ground” Self-defense Association Between Enactment of a “Stand Your

‘We Need the iPhone of Guns’: Will Smart Guns Transform the Gun Industry? Smart Guns Transform Need the iPhone of Guns’: Will ‘We

“Race, Justifiable Homicide, and Stand Your Ground Laws: Analysis of FBI Supplementary Homicide report Data” “Race, Justifiable Homicide, and Stand .A. gangs stockpile untraceable ‘ghost guns’ that members make themselves guns’ that members make untraceable ‘ghost .A. gangs stockpile www.urban.org/UploadedPDF/412873-stand-your-ground.pdf Lawmakers are zeroing in on ‘bump stock’ devices after the Las Vegas shooting — here’s how they work shooting — here’s after the Las Vegas Lawmakers are zeroing in on ‘bump stock’ devices What I Saw Treating the Victims From Parkland Should Change the Debate on Guns the Victims From Parkland Should What I Saw Treating Prevention of human rights violations committed with small arms and light weapons, United Nations Sub-Commission on the Promotion Prevention of human rights violations committed with www.businessinsider.com/what-is-a-bump-fire-stock-legal-does-it-do-2017-10

Remarks by the President on Common Sense Gun Safety Reform obamawhitehouse.archives.gov/the-press-office/2016/01/05/remarks-president-common-sense-gun-safety-reform M.S. Rosenwald, b227- washingtonpost.com/local/we-need-the-iphone-of-guns-will-smart-guns-transform-the-gun-industry/2014/02/17/6ebe76da-8f58-11e3- JAMA Intern Med. 2017;177(10):1523–1524, jamainternmed.2017.3433, abstract/2648742 J.K. Roman, July 2013, United Nations Committee on the Elimination of Racial Discrimination, Reports Of United States of America 7 September 1990 , Special Provisions No. 9, lethal use of firearms may only be made when strictly unavoidable in order to protect life.”) D.K. Humphreys, et al., Series Study Interrupted Time not include any evaluation of whether the homicides were justified.) D.K. Humphreys, et al, “Stand your Ground” Laws your-ground-laws/ B. Frey, and Protection of Human Rights by Law Enforcement Officials Basic Principles on the Use of Force and Firearms Havana, Cuba, 27 August to of Offenders, Rights, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment com/politics/archive/2018/02/what-i-saw-treating-the-victims-from-parkland-should-change-the-debate-on-guns/553937/ In addition, Minnesota and Virginia regulate assault New Jersey and New York. California, Connecticut, Hawaii, Maryland, Massachusetts, weapons. Massachusetts, New Jersey and New York. California, Colorado, Connecticut, Hawaii, Maryland, and Washington. Vermont, Maryland, Massachusetts, New Jersey, California, Connecticut, Delaware, Florida, Hawaii, M. Marks, 2016, Analysis of Recent Mass Shootings and E. Cauthorn, R. Torres-Cortez news/2018/apr/27/an-average-mans-weapons-of-mass-destruction/ H. Sher, use-machine-gun-how-n806786 MPD Preliminary Investigative Report Las Vegas documents.latimes.com/las-vegas-shooting-preliminary-investigative-report/ Concert Massacre Unfolded Las Vegas html Nevada State Law Background laws/policy-areas/crime-guns/trafficking-straw-purchasing/ Down on the Illegal Gun Trade Reducing Gun Violence: Cracking laws/policy-areas/crime-guns/trafficking-straw-purchasing/ home find explosives and 18 guns at gunman’s Death toll rises to 59; investigators la-las-vegas-shooting-live-updates-death-toll-rises-to-59-investigators-1506983486-htmlstory.html#nt=card Gun. But How? Seemed to Use a Machine R. Winton, L R. Winton, local/lanow/la-me-la-gangsters-homemade-guns-20180706-story.html of sale checks or records manufacturers without background guns disappear from gun Thousands of at 1, September 2011, Down on the Illegal Gun Trade Reducing Gun Violence: Cracking 190 191 188 189 186 187 183 184 185 180 181 182 176 177 178 179 174 175 172 173 169 170 171 58 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 201 200 199 198 197 196 195 194 193 192 Tiahrt Amendments trace-a-gun-2016-8 J.M. Laskas, laws/federal-law/other-laws/tiahrt-amendments/ article/2010/10/23/AR2010102302996.html hides guntraces,protectsdealersfrompublicscrutiny Consolidated AppropriationsAct2010,Pub.L.No.111–117,123Stat.3128-3129;seealsoJ.V. GrimaldiandS.Horwitz, Reports, Centers forDiseaseControlandPrevention,Web-based InjuryStatisticsQueryandReportingSystems:FatalData&Nonfatal Reports, Centers forDiseaseControlandPrevention,Web-based InjuryStatisticsQueryandReportingSystems:FatalData&Nonfatal abstract/2595514 Violence andOtherLeadingCausesofDeath Utilizing statisticsfromtheCDCspanning2004-2014;D.E.StarkandN.H.Shah, americanprogress.org/issues/guns-crime/reports/2016/03/09/132894/removing-barriers-and-reinvesting-in-public-health-research-on-gun-violence/ Removing BarriersandReinvestinginPublicHealthResearchonGunViolence facts Insurance InstituteforHighwaySafetyLossdataInstitute, individuals between1960(23.1)feelto11.6per100,000in2016,whichis60%less); stateofhealth/122140/doctors-call-for-end-to-20-year-ban-on-gun-violence-research A. Dembowsky, Security, andDepartmentofDefense,2016, Report tothePresidentOutliningaStrategyExpediteDeploymentofGunSafetyTechnology 2014, See, SmartTech ChallengesFoundationwebsite, 12a45d109e03_story.html

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