In the Line of Fire 1

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 1

TABLE OF CONTENTS

Executive Summary...... 8 Key recommendations...... 18 Acknowledgements...... 20 Glossary of abbreviations and a note on terminology...... 21 Methodology...... 23

Chapter 1: Firearm Violence: A Human Rights Framework ...... 24 1.1 The right to life...... 25 1.2 The right to security of person...... 25 1.3 The rights to life and to security of person and firearm violence by private actors and in the community...... 26 1.4 A system of regulation based on international guidelines...... 27 1.5 Gender-based firearm violence...... 28 1.6 Suicide and accidental death...... 29 1.7 Firearm violence and economic, social and cultural rights...... 30 1.7.1 Firearm violence and the right to health...... 31 1.7.2 Firearm violence and the right to education...... 31 1.8 Firearm manufacturers, distributors and dealers...... 32

Chapter 2: Firearms in Domestic Law and Politics...... 34 2.1 The Second Amendment...... 34 2.2 The impact of lobbyists on firearm legislation...... 36 2.2.1 The National Rifle Association...... 36 2.2.2 The Gun Violence Prevention Lobby...... 38

Chapter 3: Failure to protect: The gun violence crisis in the USA...... 41 3.1 Urban gun violence...... 43 3.1.1 The disparate impact of gun violence on communities of color...... 43 3.1.2 Unsolved homicides and community mistrust...... 48 3.1.3 Easy access to firearms...... 48 3.1.4 Gangs and gun violence...... 49 3.1.5 Community-based intervention strategies ...... 57 3.1.6 Failure to address race-based policing...... 60 3.1.7 Incarceration: rates and consequences...... 61 3.2 Children...... 62 3.2.1 Preventable, unintentional deaths and suicides of children...... 63 3.2.2 Children as the victims of criminal firearm violence...... 67 3.2.3 Children who commit firearm violence...... 70 3.2.3 Gun violence in schools...... 71 3.2.4 Age limits and access to guns...... 74 3.2.5 Gun violence among children: An under-researched public health issue...... 76 3.3 Domestic violence and firearms...... 76 3.3.1 The “boyfriend loophole”...... 78 3.3.2 The “misdemeanor stalking” loophole...... 79 3.3.3 Domestic Violence Protection Orders and firearms possession...... 80 3.3.4 Prohibited possessors and the surrender of firearms...... 82 3.3.5 Inadequate reporting of prohibited individuals to the National Instant Criminal Background Check System...... 83 3.3.6 The “gun show” loophole and private sellers...... 85 3.4 Access to firearms for individuals who may present a risk of harm to themselves or others...... 86 3.4.1 Mandatory waiting periods...... 87 3.4.2 Restrictions on health care providers...... 87

3.4.3 Mechanisms to temporarily remove access to firearms for individuals at risk of harming themselves or others...... 88 3.5 Firearms and Tribal Nations...... 89 3.5.1 Tribal firearm laws...... 89 Recommendations...... 90

Chapter 4: Gunshot survivors...... 93 4.1 Gunshot injury: the devastating human cost ...... 93 4.2 International standards: health and human rights...... 94 4.3 Emergency trauma care...... 95 4.4 The long recovery...... 97 4.5 Retained bullets ...... 99 4.6 Spinal cord injury...... 99 4.7 Lack of accessible housing and inappropriate institutionalization...... 101 4.8 Financial burden of gun injuries: The cost of carnage...... 102 4.9 Post-Traumatic Stress Disorder...... 103 Recommendations...... 105

Chapter 5: Failure to prevent: Inadequate gun laws and policy...... 106 5.1 Background checks ...... 106 5.1.1 Background check failure #1: Exemption for private sales...... 108 5.1.2 Background check failure #2: Checks that take longer than three days ...... 109 5.1.3 Background check failure #3: Individuals exempt from federal background checks...... 110 5.1.4 Background check failure #4: Failure to check identification...... 112 5.1.5 Background check failure #5: Incomplete data in federal database...... 113 5.1.6 Background check failure #6: Failure to address loopholes in the federal background check system...... 113 5.2 Training, licensing and registration of firearms...... 114 5.2.1 Training on the use of firearms...... 115 5.2.2 Firearm licenses...... 116 5.2.3 Registration of firearms...... 119 5.3 Regulating the carrying of firearms in public...... 122 5.3.1 Permitless carry...... 124 5.3.2 Open carry in public...... 124 5.3.3 Concealed carry in public...... 126 5.3.4 Concealed carry reciprocity legislation...... 127 5.3.5 Campus carry...... 128 5.4 Lost and stolen firearms...... 130 5.4.1 Gun trafficking and straw purchases...... 131 5.4.2 The failure to mandate the reporting lost or stolen firearms...... 132 5.4.3 Ensuring secure storage to reduce the risk of theft...... 132 5.4.4 Regular audits and oversight of gun dealers and stores ...... 133 5.4.5 Safe storage by individual gun owners...... 134 5.4.6 Failure to recover lost or stolen weapons ...... 134 5.5 Semi-automatic assault rifles and shotguns, large-capacity magazines, bump stocks, trigger/gat cranks and other dangerous devices...... 135 5.5.1 Weapons designed for military use...... 137 5.5.2 Regulation of semi-automatic assault rifles, semi-automatic shotguns, semi-automatic submachine guns and high-capacity magazines...... 140 5.5.3 Large-capacity magazines (ammunition) ...... 141 5.5.4 Bump stocks and trigger/gat cranks ...... 144 5.5.5 Ghost and 3D guns...... 145 5.5.6 Litigation to hold manufacturers of semi-automatic assault rifles and large-capacity magazine accountable ...... 146

3.4.3 Mechanisms to temporarily remove access to firearms for individuals at 5.6 Stand Your Ground Laws...... 147 risk of harming themselves or others...... 88 5.6.1 Failure to limit self-defense...... 147 3.5 Firearms and Tribal Nations...... 89 5.6.2 Stand Your Ground Laws: Increased homicides and discrimination...... 148 3.5.1 Tribal firearm laws...... 89 5.7. Smart guns and gun safety technology...... 149 Recommendations...... 90 5.7.1 Barriers to the development of smart gun technology...... 150 5.8 Failure to invest in research to identify strategies to reduce gun violence...... 151 Chapter 4: Gunshot survivors...... 93 Recommendations...... 154 4.1 Gunshot injury: the devastating human cost ...... 93 4.2 International standards: health and human rights...... 94 ENDNOTES...... 158 4.3 Emergency trauma care...... 95 4.4 The long recovery...... 97 4.5 Retained bullets ...... 99 4.6 Spinal cord injury...... 99 4.7 Lack of accessible housing and inappropriate institutionalization...... 101 4.8 Financial burden of gun injuries: The cost of carnage...... 102 4.9 Post-Traumatic Stress Disorder...... 103 Recommendations...... 105

8 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE SUMMARY EXECUTIVE O does notsufficientlyrestrict accesstofirearms rates ofgunownershipinthe world,yettheUSA both thehighestabsoluteand highestpercapita industrialized countries.In fact,theUSAhas capita, thisissignificantlyhigherthaninother died perdayfromfirearmrelateddeaths.Per crisis. In2016,anaverageof106individuals Gun violenceintheUSAisahumanrights South Loop. their school,JonesMetropolitanHigh,inChicago’s twice intheheadbyaclassmatejustblocksfrom on 28November1995,18-year-old Carloswasshot killed bya13-year-old boy. Fiveyearsbeforethat, Green public housing complex when she was shot and LaToya, hadbeenstandinginthelobbyofaCabrini- months earlier, on27April,his15-year-old sister, public housingcomplexon26July2000.Three while usingapayphoneoutsidetheCabrini-Green from ganglife.Jerome,aged23,wasshotandkilled mentoring youngrappers,tryingtokeepthemaway member whohadbeeninandoutofjail,butwasnow earlier, hehadexplainedthatwasaformergang January 2013.Onatelevisiontalkshowfewweeks in aparkedcarontheWest SideofChicagoon26 producer, wasshotintheheadwhilesitting Ronnie, a33-year-old aspiringmusic to gunviolenceinChicago. ne womanhaslostallofherfourchildren USA hasnottakeneffectivestepstoimplement no uniformsystemtotrackfirearmowners.The to thosemostatriskofabusingthem.Thereis the term“gunviolence”broadly, encompassing In thisreport,AmnestyInternational defines of internationalhumanrights lawsandstandards. of firearmsbyprivateindividuals, inthecontext - governingtheacquisition,possessionanduse analysis ofUSlawsandpolicies-wheretheyexist to thescopeofgunviolenceinUSA,andan assessment ofexistingdataandresearchrelated Amnesty International’s reportisacritical law. promote humanrightspursuanttointernational is failingtomeetitsobligationprotectand by individualslikelytomisusethem,theUSA gun ownership,andeaseofaccesstofirearms of persistentfirearmviolence,highrates possession anduse.Inthefaceofclearevidence without sufficientregulationsontheiracquisition, practically unlimitedarrayofdeadlyweapons, superseded byasenseofentitlementtoown from violence,discriminationandfearhasbeen effective policysolutions. on theimpactoffirearmsinUSAtoinform public healthissue,failingtoinvestinresearch not adequatelyaddressedfirearmviolenceasa measures wheregunviolencepersistsandhas violence reduction,preventionorprotection

The righttolivefree AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 9 .” for Human Rights (OHCHR) in its 2016 report for Human Rights (OHCHR) in its 2016 - The Office of the United Nations High Commissioner - The Office of the United Nations High Given the potential harm and devastating impact of Given the potential to life, the right to security of person, and other human rights, in the context of gun violence carried out by private individuals in non-conflict settings. In the past, Amnesty International has developed In the past, Amnesty International has recommendations based on international human rights humanitarian law and international in relation to the use of force, including law, other lethal specifically the use of firearms and in force, by state actors and armed groups relation to the situations of armed conflict, and in use of force by state agents in law enforcement. Amnesty International also has long-standing the positions on states’ obligations to regulate transfer of arms where there is a substantial risk of them being used to commit or facilitate serious human rights violations, along with issues related to illicit markets and the illicit transfer of weapons through diversion. Amnesty International has analyzed international human rights laws and standards and developed a clear set of criteria for states to meet obligations to protect the right businesses and on the streets of the USA, and the of the USA, and and on the streets businesses of gun violence trauma and impact long-lasting and communities, survivors, families on victims, rarely does. FIREARM VIOLENCE: RIGHTS A HUMAN FRAMEWORK “ on the enjoyment of human the misuse of firearms civilian access rights, public policies with respect to to firearms should be reviewed and formulated through a human rights lens Firearm homicides

of those injured and killed. While mass shootings garner public attention and international concern, the relentless reality of gunfire in homes, schools, restrictions on personal possession of firearms by those at recognizable risk of self-harm needs to be acknowledged and is critical to addressing the full spectrum of firearm-related deaths. The impact of firearm violence extends far beyond the numbers (largely women) at risk of exposure to firearm violence. The use of firearms by private individuals to inflict injury or death on others often dominates access the discussion on gun violence. However, to firearms for individuals who may present a risk of harm to themselves or others and the lack of has increased in recent years. Moreover, the has increased in recent years. Moreover, and/or failure of the USA to implement laws current address existing gaps in protection in as policies leave marginalized groups such violence children, and those impacted by domestic affects people nationwide whether they live in affects people nationwide whether they but often in suburb, or rural community, a city, dissimilar and disparate ways. of color disproportionately impact communities homicides and data suggests that the rate of gun were homicides (an added 495 deaths were were homicides (an added 495 deaths unintentional, 300 were of an undetermined More intent and 510 were legal interventions). non- than 116,000 additional people suffered in the USA fatal firearm injuries. Gun violence crisis. of people killed or injured each The sheer volume gun violence is staggering. year in the USA by Of these In 2016, 38,658 died by gun violence. deaths, 22,938 were suicides and 14,415 self-harm by firearms, including accidents and self-harm by firearms, International provides a clear suicide. Amnesty developed under the set of recommendations, in the context of firearms human rights framework USA must adopt to address this violence, that the interpersonal and communitywide violence and communitywide interpersonal of violence that implicit threats using firearms; circumstances; represent in certain firearms home; and acts of firearms in the misuse of 10 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE risk ofmisusingthem;and (ii)Taking effective access tofirearmsespecially tothosemostat require twointerrelatedapproaches: (i)Restricting protect therighttolifeand otherhumanrights, firearm violence,aspartoftheirobligationto firearm violence.States’responsibilitiestoprevent at thecommunityleveltoreduceoveralllevelsof measures toenablecomplexsocialinterventions and useoffirearms,aswellestablishing of regulationtogoverntheacquisition,possession recommendations rangefromsettingupsystems obligations inthecontextofgunviolence.These provides guidancebaseduponthesehumanrights The criteriadevelopedbyAmnestyInternational communities. most atrisk,betheyindividualsormarginalized and theyshouldpayparticularattentiontothose and redressharmcausedbyprivateindividuals due diligencetoprevent,punish,investigate accidental deaths.TheUSAisobligedtoexercise use offirearmsinsuicides,unintentionaland against children,gender-based violence, andthe addressing discriminatoryviolence,violence violent actsagainstindividualsandcommunities, obligation alsoincludesreducingandpreventing the righttolife.Incontextoffirearms,this or foreseeablethreatstotheserights,including diligence bytakingmeasurestocombatactual rights setoutinthesetreatiesandtoexercisedue obligation torespect,protectandfulfillthehuman Rights (ICESCR).TheUSA,therefore,hasalegal Covenant onEconomic,SocialandCultural Rights oftheChild(CRC),andInternational Against Women (CEDAW), theConventionon on theEliminationallFormsofDiscrimination Racial Discrimination(ICERD),theConvention Convention ontheEliminationofallForms and PoliticalRights(ICCPR),theInternational including theInternationalCovenantonCivil violence andfirearm-relatedinjuriesdeaths, guarantee humanrightsimpactedbygun international humanrightsconventionsthat The USAhaseithersignedorratifiedseveral absence ofknownriskfactorsformisuse.The adequate minimumagerequirementandthe other factorsincluding,butnotlimitedto-an possession, inadditiontotheconsiderationof an established“crediblejustification”forfirearm certain qualificationsforeligibilitythatinclude It isimperativethatalicensingsystemmandates stocks, researchandpublicpolicydevelopment. restriction ofcertainweapontypes,security measures toaddress:licensing,registration, human rights.Thesesystemsshouldinclude them frombeingusedbyprivateactorstoabuse and useoffirearmsammunitiontoprevent systems fortheregulationofpossession misuse persists.Statesshouldestablishrobust reduction orprotectionmeasureswherefirearms steps toputinplaceandimplementviolence and deathfromfirearms. violence, leavingindividualssusceptibletoinjury perpetuates unrelentingandpotentiallyavoidable large numberoffirearmsincirculation,which laws andregulationsparticularlyinlightofthe uniform andcoordinatedsystemofgunsafety USA hasfailedtoimplementacomprehensive, have breachedtheirduediligenceobligations.The firearms violence,theycouldbeconsideredto actors inthefaceofclearevidencepersistent purchase, possessionanduseofarmsbyprivate does notexerciseadequatecontroloverthe Under internationalhumanrightslaw, ifaState GUN LAWS &POLICY US FAILURE: INADEQUATE international standards. and useoffirearmstoensurethattheymeetthese regulatory systemfortheacquisition,possession USA shouldtakestepstourgentlyreformits AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 11

Worryingly, in some states, Worryingly,

in place to curtail misuse related to concealed carrying of firearms, which are permitted in all states. weapons in public without any license or permit weapons in public without any license of a and 30 states allow the open carrying or permit. handgun in public without any license in some form, Open carrying of firearms in public, only seven is currently allowed in 45 states. In credible states are you required to provide a to carry a justification or demonstrated need Washington, concealed firearm. All 50 states and carrying D.C. allow for some form of concealed of firearms in public. in permit systems are ineffective, resulting who are legally permits being issued to individuals prohibited from possessing firearms, including people convicted of felonies, with outstanding criminal warrants, with domestic violence injunctions and others at risk of misusing a firearm. Of further concern are recent efforts to enact federal legislation which would override existing state laws where safeguards and processes are purchase all types of firearms, and nationwide, and nationwide, all types of firearms, purchase Hawaii, (California, Connecticut, only six states and Rhode Island and Maryland Massachusetts, D.C. Washington, handguns) and but only for of firearm training prior to mandate some form purchasing a firearm. FIREARMS CARRYING IN PUBLIC carry concealed firearms Individuals can lawfully state in the USA and can in public in every in most lawfully openly carry firearms in public is no nationwide uniformity there states. However, in in laws governing the carrying of firearms no laws at public and in some states, there are concealed all: 12 states allow individuals to carry Two states Two

Only six states (California, Connecticut,

Moreover, even when a background check is Moreover, US law expressly prohibits the creation of

explicitly prohibit firearm registration within their borders. Hawaii, Illinois, Massachusetts, New Jersey) and D.C. require a license or permit to Washington, not require the training, licensing, or registration of individuals who possess or use a firearm. In fact, a national registry of most firearms. require registration of all firearms, but eight states criteria. The USA has failed to take all measures necessary to prevent and protect against firearms being owned or accessed by individuals who do not have a credible justification for their ownership, possession or use. Federal law does training, licensing, and registration of firearms. A training, licensing, and registration in most common feature of the licensing process to countries around the world is a requirement a weapon, have a credible justification for owning effectively introducing needs-based ownership TRAINING, LICENSING AND OF FIREARMS REGISTRATION and The USA has a patchwork of inconsistent inadequate federal and state laws governing required, it may not be adequately comprehensive required, it may not be adequately comprehensive are often not or accurate because relevant records inclusion in properly and/or rapidly submitted for state and federal databases. less firearms trafficking, substantially fewer less firearms trafficking, 47% fewer women firearm-involved suicides, violence by an intimate killed in firearm-related and 53% fewer police officers killed on partner, duty. every transfer or purchase of a firearm in the USA. every transfer or purchase have shown that 22% of all As a result, studies are conducted without any firearm acquisitions States mandating universal background check. requirements for firearm background check found to have significantly purchases have been BACKGROUND CHECKS BACKGROUND require universal does not currently Federal law and checks with each background comprehensive 12 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE safety. Firearms andammunitionwhichrepresent minutes andposeasignificant threattopublic magazines cankillmanypeople inamatterof semi-automatic assaultrifleswithlarge-capacity have demonstratedthatshootersarmedwith Mass shootingincidentsaroundthecountry MAGAZINES, BUMPSTOCKS AND SHOTGUNS,LARGECAPACITY SEMI-AUTOMATIC ASSAULT RIFLES states. lost orstolenfirearmstolawenforcementin39 There arenolawsrequiringgunownerstoreport are notreported. number significant anddonotincludethesubstantial between 2012and2016.Thesenumbersare 31,500 firearmswerestolenfromgunstores individuals. TheFBIreportedthatapproximately 380,000 firearmsarestolenannuallyfromprivate More recentdataestimatesthatapproximately private individualsbetween2005and2010. estimated 1.4millionfirearmswerestolenfrom to theFederalBureauofInvestigation(FBI),an lost orstolenintheUSA.However, according is noprecisedataforthenumberoffirearms mandatory underfederallawandthereforethere individuals andunlicenseddealersisnot Reporting oflostorstolenfirearmsbyprivate impeding theirinvestigation. promptly identifyingpotentialsuspectsandthus difficult totrace,preventinglawenforcementfrom those responsibletoaccount;astolenfirearmis violations, butalsohampertheabilitytohold crimes. Theynotonlyfacilitatehumanrights others toobtaingunsusedcarryoutviolent gun market,allowingprohibitedpurchasersand Lost andstolengunsfueltheundergroundillicit LOST &STOLENFIREARMS

of firearmslostorstoleneachyearthat inventory oftheseweapons framework governingthepossession,useor there remainsnouniversaloruniformnational are regulatedbyonlyahandfulofstates.Assuch, which increasethelethalityoffirearmsandthey types ofweapons,ammunitionandaccessories The federalgovernmentdoesnotregulatethese automatic firearms;andlarge-capacitymagazines. allow rapidfiringfunctionsakintothoseoffully modifications forsemi-automaticweaponswhich automatic submachinegunsincludingaccessories/ assault rifles,semi-automaticshotguns,andsemi- would includeataminimum:semi-automatic prohibited forusebyprivateindividuals.These to causeexcessiveorunintendedinjurymustbe a highlevelofrisktopublicsafetyandarelikely on gunviolenceprevention policies. for purposesofconductingfurtherfirearmresearch regarding firearmacquisition,possessionanduse, or toallowthereleaseofidentifyinginformation making aimedatreducingfirearmsviolence,and/ firearms safetytoinformevidence-basedpolicy- and developmentofallpotentialmechanisms the USA.TheUSAhasalsofailedtofundresearch consequences, andpreventionofgunviolencein to fillhugegapsinknowledgeaboutthecauses, and expertshavebeeninadequatelyresourced over twodecades,researchers,policymakers, negative effectongunviolenceresearchand,for entities. Theserestrictionshavehadasubstantial for firearmresearchthroughpublicly-funded Amendment hasworkedtorestrictfederalfunding 20 years,federallegislationknownastheDickey in theUSAisirrefutableandyet,formorethan The significantimpactoffirearmsonthoseliving VIOLENCE IDENTIFY STRATEGIES TOREDUCE GUN FAILURE TOINVESTINRESEARCH . AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 13 endanger the lives of uninvolved people who are caught in the crossfire. Firearms used in violent crimes across the USA, including those used in communities of color have often been trafficked, or deviated out of the legal commerce stream and into the illegal market. Most gang killings remain international law. The causes of gun violence in communities are deep- of color are multi-faceted and there discrimination, seated issues around poverty, that are and economic, social and cultural rights of the gun beyond the scope of this report. Much to violence in urban communities is attributed between the relationship However, gang activity. is complex. “gangs” and gun violence in the USA broadly The term “gang” tends to be misused amongst to categorize all gun-related activity For this, communities of color and in urban areas. and other reasons, the actual scope and impact of gang violence, including gun violence, around what is However, the country remains unclear. clear is that gang members are likely to own guns with many claiming to own more than one, and that armed gang members exert control over the streets in their self-designated territories, retaliate against rival gangs in other territories, and often right to life, to security of the person, to freedom person, to freedom to security of the right to life, the equal protection of and to from discrimination on People Group of Experts UN Working The law. concern over Descent has expressed of African regulations in the USA and the lack of firearm communities. Additionally, its impact on black Committee and the the UN Human Rights Elimination of All Forms of Committee on the both highlighted the issue Racial Discrimination their most recent reports on US of gun violence in They remain troubled human rights compliance. number of gun-related deaths by the increasing impact and injuries in the USA, and the disparate committees on racial and ethnic minorities. Both failure to curb noted that the US government’s of the right gun violence constitutes a violation under to life and the right to non-discrimination

The disparate impact of gun violence on urban communities of color raises serious concerns about the protection of human rights including the they made up 58.5% of gun homicides nationwide and a black male aged 15-34 was almost 20 times more likely to die from firearm homicide than a white male of the same age group. Urban firearm violence, and specifically firearm homicide, disproportionately impacts communities and particularly young black men. For example, while African Americans represented approximately 13% of the US population in 2016, children, those suffering from domestic abuse, children, those suffering from domestic and individuals who may be at risk of self-harm, survivors of gun violence. URBAN GUN VIOLENCE are disproportionately at risk of being impacted. are disproportionately at risk of being and Failure to implement adequate policies by private measures to address access to firearms consequences, individuals, has far-reaching communities, particularly for those living in urban ON INDIVIDUALS AND ON INDIVIDUALS AND COMMUNITIES by gun No part of US society is unaffected groups violence, and yet some individuals and THE GUN VIOLENCE CRISIS THE GUN VIOLENCE IN THE USA: THE IMPACT International recommends that the USA adopt International recommends licensing, registration, measures to address: weapon types, security of restriction of certain public policy development stocks, research and duty to promote and protect in furtherance of its human rights. CONCLUSION firearms in circulation sheer volume of Due to the Amnesty of adequate regulation, and lack 14 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE adequate implementationoftheseinitiatives. lack ofpoliticalwillhavepreventedsustainedand models fortheseprograms,lackoffundingand despite thesuccessandnumerousavailable living inhigh-crimeneighborhoods.Unfortunately, offering life-alteringopportunitiesforindividuals and reducegunviolencewhilesimultaneously Most importantly, theyhavebeenabletocombat have proveneffectiveindecreasinggunviolence. violence interventionandreductionstrategies, state-funded andsupportedevidence-based in firearmviolence.Infact,severalfederaland communities, canachievesustainedreductions and workinginpartnershipwiththeaffected specific social,economicandculturalcontexts, funded, evidence-basedprojectstailoredtowards Research indicatesthatlong-term,adequately- term socio-economicimpactofgunviolence. minority communitiesandtoaddressthelong- levels offirearmviolenceinlowincomeand The USAshouldalsoworktoreducethesehigh so thatthoseresponsibleareheldaccountable. prompt investigationofallfirearm-relateddeaths restricting accesstotraffickedfirearmsandthe to underminetheillegalfirearmmarketthereby are varied.Theyincludelegislationwhichworks The solutionstourbanfirearmviolenceintheUSA regulations onfirearmspossessionanduse. community interventionsandtightening through humanrightscompliantlawenforcement; are toprotectlifeandensuresecurityforall lead tochronicinsecurity, states’obligations Where patternsoffirearmspossessionanduse communities. key elementinreducinggunviolencethese gun violence.Reducingaccesstofirearmsisa for theperpetrators,andfeedingcycleof unsolved andunprosecuted,resultinginimpunity the RightsofChild(CRC),acomprehensive In 1995,theUSAsignedConventionon violence intheirschools. Children alloverthecountryarealsoatriskofgun households withloadedandunlockedfirearms. fact thatanestimated4.6millionchildrenlivein self-harm. Thisisdue,atleastinpart,tothat or intentionalviolence,asamechanismfor across theUSAwhetherthroughunintentional legal intervention).Gunviolenceimpactschildren undetermined intent,and7weretheresultof 104 firearmdeathswereaccidents,31 homicides and633weresuicides(anadded related violenceintheUSA.Ofthese,862were In 2016,1,637childrendiedfromfirearm- CHILDREN should adoptmeasurestoreduce theimpact gun death,includingamongchildren.TheUSA gun ownershipalsohavethehighestratesof To this end, USstateswiththehighestratesof than childreninotherhigh-incomecountries. more vulnerabletodeaththroughgunviolence unsupervised) firearms,makeUSchildrenmuch prevention lawsandreadilyavailable(often High ratesofgunownership,weakviolence diversion programs. firearms, andsupportingviolenceinterruption violence, includingbypreventingaccessto care” inordertoprotectchildrenfromgun younger, andprovide“specialsafeguards of children,definedasthosewhoare17and USA shouldrecognizetheparticularvulnerabilities addition toitsobligationsundertheICCPR, and purposeofthistreaty. Thismeansthatin to refrainfromactsthatwoulddefeattheobject ratified theCRC,USAstillhasanobligation country intheworldthathassignedbutnot children’s rights.AlthoughtheUSAisonly international humanrightsagreementon AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 15 and Washington, D.C. also explicitly require or and Washington, authorize relinquishment of firearms. The USA should close these loopholes and establish regulations to ensure that domestic abusers cannot purchase or possess firearms. has cohabited with the person.” Loopholes in has cohabited with the person.” Loopholes those this framework permit dating partners, and those convicted of misdemeanor stalking, subject to temporary or permanent restraining without orders to purchase and possess firearms, who may be offering any protection to individuals abuser or at risk of gun violence from a domestic including women and those in the LGBTI stalker, community. even where protections and Unfortunately, protect those firearm-related safeguards exist to experiencing domestic abuse, they are often not enforced or even enforceable. For example, the current federal framework does not provide any procedure/mechanism for the removal or surrender of firearms when a permanent restraining/ 35 states and protective order is issued. Similarly, D.C. prohibit firearm possession by Washington, persons subject to a domestic violence-related but only 27 of those states restraining order, Elimination on all Forms of Discrimination Against Discrimination Against on all Forms of Elimination has not although the USA and (CEDAW), Women an obligation the USA still has CEDAW, ratified defeat the object from acts that would to refrain The Committee treaty. and purpose of this of Discrimination against on the Elimination implementation of the which monitors Women, has recognized the CEDAW, rights enshrined in women as a form of violence against gender-based discrimination. framework of firearms The current federal firearm possession in regulation addressing not extend the domestic violence context does “the spouse protections to individuals who are not person, of the person, a former spouse of the of the an individual who is a parent of a child or person, and an individual who cohabitates Prevention of , it noted that: “the State The presence of a gun in the home can easily turn domestic violence into domestic homicide.” In 1980, the USA signed the Convention on the Arms and Light Weapons has particularly acute obligations when it comes to protecting the rights of vulnerable groups, including victims of domestic violence, who are most at risk from misuse of a gun in the home. and security of the person has been significantly undermined by firearms misuse, and that inter- partner violence accounts for a significant number of such attacks. In a 2006 report, Human Rights Violations Committed with Small duty to protect the right to life, and to prevent, duty to protect the right to life, and would investigate, and punish any act that by its undermine that right, whether committed UN Human own agents or by private persons. The right to life Rights Council has recognized that the The USA has not ratified any treaties that The USA has not ratified any treaties or violence specifically address domestic violence to the against women, although it is a party to life and ICCPR, which guarantees the rights diligence security of the person. It has a due stalking, most of which are women, are also highly stalking, most of which are women, half of all susceptible to gun violence. More than by current women murdered in the USA are killed intimate or former intimate partners and most guns. partner homicides are committed with 23 US states have failed to enact such laws. 23 US states have DOMESTIC VIOLENCE and Those suffering from domestic abuse owners to keep guns locked up and unloaded, with owners to keep guns in a locked location separate ammunition stored evidence Despite are necessary. from the firearm, the number of unintentional that CAP laws reduce deaths among children, or self-inflicted gunshot of firearm violence on children. At a minimum, At a minimum, violence on children. of firearm Prevention laws and Child Access safe storage from protect children which work to (“CAP laws”) gun by requiring and others, injuring themselves 16 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE well-being and safety, includingthepossession, discuss allfactorsimpacting theirpatients’health, steps toensurethathealth workersareableto purchases. Authoritiesinthe USAshouldtake waiting periodsforallfirearms andammunition or others,includinginstitutingadequate who maypresentariskofharmtothemselves that reduceaccesstofirearmsforindividuals The USAshouldconsiderimplementingmeasures recognizable riskofself-harmorharmingothers. that mightcontributetoanindividualbeingat to takeintoaccountthebroadrangeoffactors framework forevaluatingaccesstofirearmsis such assertionsareunsupportedbyfacts.Abetter on theirparticularcircumstances.Furthermore, differently fordifferentindividuals,depending how mentalhealthconditionsmightmanifest range ofpossiblementalhealthdiagnosesand These correlationsandassertionsignorethe conditions areautomaticallypronetoviolence. disabilities andthosewithmentalhealth wrongly implyingthatpersonswithpsychosocial gun violenceandmentalhealthinpublicdebates, Problematic correlationsareoftendrawnbetween the possessionof which firearmsmaybetemporarilyremovedfrom crisis, andimplementationofprocedures professionals whoofferguidancetoindividualsin acquisition, counselingbyhealthcareandother waiting periodsforallindividualspriortofirearm accessing afirearm.Theseincludeinstituting individual atriskofharmcouldbepreventedfrom take stepstoreducethelikelihoodthatan mechanisms existthroughwhichastatecould risk ofharmtothemselvesorothers.Numerous individuals whomaypresentarecognizable critical toexamineaccessfirearmsbythose suicide byfirearm–morethan62aday. Itis In 2016,22,938peopleintheUSAdiedfrom OTHERS RISK OFHARMTOTHEMSELVES OR INDIVIDUALS WHOMAY PRESENTA ACCESS TOFIREARMSFOR these at-risk individual s. through This isanunderestimate,asinjuriesarenot people wereshotandinjuredbyfirearmsin2016 the costofsurvivalishigh. more peopleareshotandsurvive,formany, have diedfromfirearm-relatedinjuries,butfar Gun violenceisoftencharacterizedbythosewho GUNSHOT SURVIVORS with internationalhumanrightsprotections. should beimplementedinamannerconsistent harm tothemselvesorothers.Suchprocedures firearms forindividualswhomaypresentariskof provide forthetemporaryremovalofaccessto Extreme RiskProtectionOrders(ERPOs)which should consideradoptingproceduressuchas use andstorageoffirearmswhererelevant reparation, including accesstoadequate health violence witheffectivemeasures ofprotectionand measures, statesmustprovide victimsoffirearms use offirearms,notedthat: “Alongsidepreventive regulation ofcivilianacquisition, possessionand Rights, whenevaluatinghumanrightsandthe In 2016,theUNHighCommissionerforHuman to healthundertheICCPR,ICERD,andICESCR. have internationalobligationsregardingtheright is notconstitutionallyprotected,theUSAdoes rights arehealthandmedicalcare.Althoughit fundamental freedoms.”Includedamongthose achieve “theobservanceofhumanrightsand member statesincludingtheUSApledgedto proclaimed bytheUNGeneralAssemblyin1948, In theUniversalDeclarationofHumanRights, the life-longeffectsonmanysurvivors. with remarkablylittlegovernmentresponse,given is apublichealthcrisisofastonishingproportion– victims, familymembersandthemedicalservices irrevocably. Thetollthatgunviolenceexactson consequences oftheirinjuriesshapelives, mental, physical,emotional,familial,andfinancial to thehospital.Formanygunshotsurvivors, day andsurvived–atleastlongenoughtoget in 2016,morethan317peoplewereshotevery always recordedaccurately, ifatall.Onaverage More than116,000 . AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 17 seeks to provide an additional platform for discussion about the impact of gun violence this through the framework of human rights. To end, grounded in analysis of international laws and standards, Amnesty International provides a clear set of criteria and recommendations for all 14 February 2018, following the mass shooting 14 February 2018, following the mass in at Marjory Stoneman Douglas High School were killed, Parkland, Florida, where 17 people aimed at eight states have passed ERPO laws from temporarily reducing access to firearms Also, as of those who are likely to misuse them. aimed July 2018, six states have passed laws nine at improving background checks and away from states took action to keep firearms also enacted domestic abusers. Eight states have reduction legislations funding urban violence these states remain in the programs. However, minority. Amnesty International hopes that this report can contribute to and support the work of the many organizations and activists who have been at the forefront of efforts to reduce and eliminate injury and death due to gun violence in the USA. By supporting initiatives developed and directed by impacted communities, Amnesty International addressing the issue, in the wake of numerous wake of numerous the issue, in the addressing related injury and daily firearm mass shootings pieces of federal Although over 100 and death. have been regarding gun violence legislation Sandy Hook school shooting, introduced since the of 20 children and six which took the lives USA has failed to pass any adults in 2012, the law regulating firearms. meaningful federal legislative advancements There have been some For example, in response to the at the state level. 1 October 2017 in Las Vegas, mass shooting on the lives of 59 people, eight Nevada, which took stocks, which states have explicitly banned bump when attached to a firearm can significantly rounds of increase its ability to release multiple a federal ammunition in rapid succession, and since ban is also being considered. Additionally, individuals, and prevention of gun violence against individuals and communities must be primarily the USA addressed through policy change. Yet, has failed to pass meaningful federal legislation VIOLENCE The daily toll of gun violence on individuals across the USA has garnered international attention, particularly in recent years. Gaps in protection against gun violence by state agents and private THE US GOVERNMENT STEPS TO SHOULD TAKE REDUCE AND ADDRESS GUN that the USA adopt measures to protect that the USA adopt measures to protect risk of gun individuals and communities most at under violence in accordance with its obligation international human rights law. CONCLUSION gun violence These are just some of the ways that in the USA has permeated the lives of those living right and has undermined international human guarantees. Amnesty International recommends Finally, services should be provided to support Finally, by gunshot independent living for those disabled injuries. including payments for medicines and health including payments as a deterrent for survivors services, do not act to access necessary care, of gun-related violence financial and do not cause undue or catastrophic families. burdens to gunshot survivors and their Access to affordable and quality health care Access to affordable necessary long-term health services should include services, mental interventions, rehabilitation pain management. The health care, and long-term that health-related costs, USA should also ensure care to ensure that they have the best possible the best possible that they have care to ensure survival and rehabilitation.” chances of and the right to health should guarantee The USA services for gunshot survivors. access to healthcare 18 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • • nationwide. Therefore,ataminimum: introduce andstrengthengunlawspolicies 1 KEY RECOMMENDATIONS: rights areprotected. for afuturewheretheirsecurity, life,andhuman individuals andcommunitiesnationwidestriving it aimstoreflectthedeterminationandcourageof comprehensive pictureofgunviolenceintheUSA, change. Whilethisreportcannotprovidea provide furtheropportunityforeffectivepolicy disproportionately impactedcommunitiesand report toamplifyvoicesofmarginalizedand on therecommendationscontainedinthis will engageingrassrootsadvocacybased Through itscampaign,AmnestyInternational been irrevocablychangedbygunviolence. individuals intheUSAwhoseliveshave community theday-to-dayexperiencesof intended todemonstratetheinternational The reportandaccompanyingcampaignare human rights. to life,therightsecurityofperson,andother in reducinggunviolenceandprotectingtheright obligations. Theserecommendationsarecrucial violence incompliancewiththeirhumanrights governments toaddresstheimpactoffirearms ) Federal,state,andtribalgovernmentsshould mandating thatfirearmsmay only beobtainedfor The Background CheckSystem(NICS) for inclusionintheNationalInstant Criminal completely, andassoonpossibletotheFBI and localagenciesarereportingrecordsaccurately, The USCongress factors formisuse conducted indicatingtheabsenceofknownrisk transfer. Thesebackgroundchecksshouldbe transfers, priortocarryingoutanysaleorother background checksonallfirearmpurchasesand The USCongressshouldenactlegislationrequiring US Congress shouldenactlegislation should ; ensurethatfederal,state ; • • • • › › › the followingminimumconditionsaremet: Firearm licensesshouldnotbeauthorizedunless and acrediblejustificationforownershipuse; purchase ortransferwithavalidfirearmslicense to locallawenforcementofficials; all lostandstolenfirearmsbe immediatelyreported The USCongressshouldenact legislationrequiring carrying offirearms; in placetocurtailmisuserelatedconcealed state lawswheresafeguardsandprocessesare federal legislationwhichwouldoverrideexisting credible justificationfordoingsoandshouldreject whether openorconcealed,unlessthereisa prohibiting thecarryingoffirearmsinpublic, The USCongressshouldenactlegislation implement thesesystems; through thelegislationtosupportATF’s abilityto searchable, andshouldprovide central nationalgunregistry, whichisdigitizedand and Explosives(ATF) toregisterallfirearmsina the USBureauofAlcohol,Tobacco, Firearms The USCongressshouldenactlegislationrequiring › › › › › › include, ataminimum: misuse. Riskfactorsforconsiderationshould indicating the absence of known risk factors for a backgroundcheckhasbeenconducted in general,aminimumageof21;and credible justificationpriortopurchase; › › › › › history ofgender-based, sexualor offence; being underindictmentforafelony violent offences; prior criminalrecord,particularlyfor available relevantevidence; competent authoritiesdrawingonall be reviewedonacase-by-casebasisby self orothers.Eachapplicationshould issues whichmightleadtotheharmof drug/alcohol abuseormentalhealth medical unfitnessincludinghistoryof domestic violence;

appropriate funding

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 19 consider passing consider passing State legislatures should State legislatures such as to implement procedures, legislation removal for the temporary ERPOs, providing who may to firearms for individuals of access to themselves or others. present a risk of harm be implemented in a Such procedures should international human rights manner consistent with protections; should ensure that Federal and State authorities violence have access survivors of gun-related health care, which to affordable and quality long-term health interventions, includes necessary, mental health care, and rehabilitation services, long-term pain management. • • and by which and other

current federal aws that mandate all violence reduction and pass legislation banning the pass legislation ; “CAP”) l must Therefore: evidence-based loopholes related to dating partners . by adopting measures to protect individuals by adopting measures to protect individuals laws establishing a clear process for the immediate surrender by and removal of firearms from prohibited abusers; framework of firearms regulation addressing firearm possession in the domestic violence context closing all adding misdemeanor and other stalking offenses as triggers prohibiting firearms possession and use; and state legislatures should pass and implement stringent and comprehensive safe storage and Child Access Prevention ( individuals to store all firearms unloaded under the protection of a gun lock or safety device; The US Congress should amend the funding of prevention programs requiring The US Congress should pass legislation the safe and secure storage of all guns and ammunition, and state legislatures should pass The US Congress should pass legislation The US Congress should pass legislation supports the implementation and sustained research on the causes and effects of gun violence, research on the causes develop viable strategies for and to research and to inform policy making gun violence prevention and aimed at reducing firearm related deaths injuries dangerous devices; acknowledge that firearm The US Congress should health crisis, repeal the Dickey violence is a public legislation allocating Amendment, and enact conduct evidence-based adequate funding to The US Congress The US Congress possession of semi-automatic and sale, transfer, shotguns, and semi-automatic assault rifles, as well as submachine guns, semi-automatic bump stocks, large capacity magazines, • • and communities most at risk of gun violence in and communities most at risk of gun international accordance with its obligation under human rights law. • 2) Federal, state, and tribal governments should 2) Federal, state, and tribal governments gun safety introduce comprehensive and targeted crisis in the measures to address the gun violence USA • • 20 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE ACKNOWLEDGEMENTS and funded. rights crisisitiscriticalthatinitiativesdevelopedanddirectedbyimpactedcommunitiesaresupported have beenattheforefrontofthismovementfordecades.AsUSAtakesstepstoaddresshuman rights frameworkofferedbythisreportcansupporttheworkofgunviolencepreventionorganizationswho are carryingouttoreduceandendgunviolenceintheUSA.AmnestyInternationalhopesthathuman This reportcannotprovideafullpictureofthecriticalworksurvivors,advocatesandcommunityleaders and endgunviolenceintheUSA. violence andisunderpinnedbyaconvictionthattheirperspectivesmustinformallactionstakentoreduce to representthevoicesofsurvivors,advocates,communityleadersandotherindividualsimpactedbygun survivors andvictims’familiesbeforeaftertheyspokewithAmnestyInternational.Thisreportseeks gun violence,whocourageouslycameforwardtosharetheirstoriesandthoseprovidedsupport Amnesty Internationalisindebtedtoallthesurvivorsofgunviolenceandfamilieswholostlovedones AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 21

National Firearms Act National Instant Criminal Background Check System National Institutes of Health New Orleans Police Department National Rifle Association Office of Inspector General Point of Contact Protection of Lawful Commerce in Arms Act Post-traumatic stress disorder Universal Declaration of Human Rights Federal Firearms License/Licensee Illinois Firearms Owner Identification Cards Firearm Owners’ Protection Act Rights International Covenant on Civil and Political Immigration and Customs Enforcement of All Forms of Racial International Convention on the Elimination Discrimination International Covenant on Economic, Social and Cultural Rights Intimate Partner Violence bisexual, transgender and intersex Lesbian, gay, Recreational Firearms Use Protection Act, (a subsection of the Violent Crime Recreational Firearms Use Protection Act, and Law Enforcement Act of 1994) Child Access Prevention laws Centers for Disease Control and Prevention of Discrimination against Women Convention on the Elimination on all forms Chicago Police Department Convention on the Rights of the Child US Department of Justice Extreme Risk Protection Order Economic, Social and Cultural rights Federal Bureau of Investigation Bureau of Alcohol, Tobacco, Firearms and Explosives Bureau of Alcohol, Tobacco, and Ban of 1994 or The Public Safety Weapons The Federal Assault PTSD UDHR NOPD NRA OIG POC PLCAA IPV LGBTI NFA NICS NIH FOPA ICCPR ICE ICERD ICESCR ERPO ESC rights FBI FFL FOID cards CDC CEDAW CPD CRC DoJ ATF AWB CAP laws GLOSSARY OF ABBREVIATIONS ABBREVIATIONS OF GLOSSARY ON TERMINOLOGY A NOTE AND 22 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Communities ofcolorisatermusedtogenerally great diversityofwaysinwhichpeopleidentify. to minimizeorignorethecomplexity used inthestudiescited.Thisisnowayintended throughout thisreport,particularlyifithasbeen black; HispanicandLatino/ainterchangeably International hasusedAfricanAmericanand single termisuniversallyaccepted,Amnesty communities concerned.Recognizingthatno that respectsthewishesofindividualsor Amnesty Internationalstrivestouselanguage harm byfirearms,includingaccidentsandsuicide. misuse offirearmsinthehome;andactsself- that firearmsrepresentincertaincircumstances; violence usingfirearms;implicitthreatsof encompassing interpersonalandcommunitywide defines theterm“gunviolence”broadly, In thecontextofthisreport,AmnestyInternational and Latinopopulationsarehighlyconcentrated. refer toareasoftheUSAwhereAfricanAmerican AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 23 Additionally, Amnesty International Additionally, laws, coupled with a state-funded research center, laws, coupled with a state-funded research center, have been viewed as a model nationwide, even in the face of persistent gun violence in some areas. Chicago, Illinois; and Oakland, California. Each Chicago, Illinois; and Oakland, California. location was selected for specific jurisdictional the characteristics. New Orleans illustrates region challenges faced by a city in the southern rates of gun of the USA, with one of the highest historical violence per capita, compounded by and systematic failures of both the federal human and state government to provide basic of natural rights, particularly in the aftermath region disasters. Chicago, in the midwestern how lax laws and demonstrates of the country, to policies in neighboring states can contribute states high rates of gun violence in cities and with comparatively strong regulations on firearms possession and use; it also offers perspectives on the intersection of economic, social and cultural rights with gun violence. In Oakland and the surrounding areas in the western region of the USA, numerous innovative gun violence prevention and reduction initiatives have proven effective and state-wide comprehensive gun violence prevention reports, including studies conducted by the reports, including Justice (DoJ), the Centers US Department of and Prevention (CDC), for Disease Control and media reports of gun academic journals violence. three conducted detailed field research in challenges locations with different policies and Louisiana; related to gun violence: New Orleans,

The analysis draws on individuals who have been and their families, activists, These interviews were conducted

Amnesty International also conducted a review of existing government and non-governmental US federal and state case law and legislation governing the regulation of firearms and their acquisition, possession and use by private individuals, in the context of international human rights laws and standards in order to assess their compliance. who address or respond to issues arising from gun violence. between October 2016 and July 2018. Amnesty International reviewed and analyzed with Amnesty International have been withheld. with Amnesty International have been officials Amnesty International also interviewed and federal across the USA, including municipal researchers officials, law enforcement officials, and experts in the field and other individuals A number of individuals spoke to Amnesty A number of individuals spoke to Amnesty anonymity International on the condition that their that certain was guaranteed and some have asked to respect details not be made public. In order on file their wishes, details of names and locations Amnesty International’s interviews with survivors Amnesty International’s of firearm violence community support workers, service providers and of gun advocates, including former perpetrators violence. of laws, policies, existing research, and gun of laws, policies, existing carried out between August violence in the USA 2018 by Amnesty International 2016 and August in consultation with impacted by gun violence. This report is a critical assessment and analysis This report is a critical METHODOLOGY 24 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE CHAPTER 1 generally; orasameansof combatingcrime. public health,individualsafety orsecuritymore through manylenses:interms ofsafeguarding The preventionoffirearmviolencecanbeseen the righttoeducation. and culturalrights,suchastherighttohealth also underminetheenjoymentofeconomic,social Persistent community-widefirearmviolencecan affected arethemostdisadvantagedcommunities. conflict settings.Often,thosedisproportionately violence perpetratedbynon-stateactorsoutsideof settings; inthecontextoflawenforcement;and different contexts:inconflictandpost-conflict the righttolifeandotherhumanrightsinmany integrity. Firearmsareusedinwayswhichviolate result inviolationsoftherighttolifeandpersonal individuals, familiesandcommunitiescan The misuseoffirearmshasgraveimpactson FRAMEWORK A HUMANRIGHTS FIREARM VIOLENCE: a frameworkunderpinnedby internationalhuman firearm regulationandviolence preventionwithin bringing togetherinternational bestpracticeon to reducefirearmviolencebeclearlydefined, violence ishigh.Itenablesspecificstateduties who arelivinginconditionswheretheriskof aspects oflivesindividualsandcommunities ranging impactsfirearmscanhaveondifferent A humanrightsperspectivecancapturethewide- formulated throughahumanrightslens.” civilian accesstofirearmsshouldbereviewedand human rights,publicpolicieswithrespectto of themisusefirearmsonenjoyment “Given thepotentialharmanddevastatingimpact to theHumanRightsCouncilconcluded: Commissioner forHumanRightsina2016report issue, theOfficeofUnitedNationsHigh Applying ahumanrightsframeworktothis

1 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 25

2 States 3 the UN Human Rights Committee, the body of independent experts established to monitor states’ compliance with the ICCPR, liberty and security of person are part of “the first substantive right A failure to take effective measures to prevent A failure to take effective measures violations of the right to life or the continuance by and recurrence of such violations, including could adopting the necessary laws and practices, be considered as a breach of the ICCPR. prevent, must also exercise due diligence to only violations punish, investigate and redress not actors by their own agents but abuses by private to life. which would negatively impact the right attention This requires that they pay particular be they to the protection of those most at risk, individuals or marginalized communities. 1.2 THE RIGHT TO SECURITY OF PERSON The right to security of person is set out in the Universal Declaration of Human Rights (UDHR) and in Article 9 of the ICCPR. According to 1.1 THE RIGHT TO LIFE RIGHT 1.1 THE Declaration of Human in the Universal Codified the International Article 6 of Rights (UDHR), and Political Rights (ICCPR) Covenant on Civil rights conventions, the right and regional human of the international to life is the cornerstone State obligations include human rights system. to protect life and to prevent the obligation both to life. These obligations violations of the right of violations by state apply to the prevention military and law enforcement agents – for example actors. officials – as well as abuses by private obligation Under the ICCPR, states have a positive of the of due diligence to prevent violations right to life by taking measures to address right to life. actual or foreseeable threats to the licensing, registration, restriction of certain weapon types, security of stocks, research and public policy development. States should establish robust systems for the regulation of the possession and use of firearms and ammunition to prevent them from being used by private actors to abuse human rights. These systems should include measures to address: approaches: (i) Restricting access to firearms approaches: (i) Restricting access to them; especially by those most at risk of misusing effective steps to put in place and (ii) Taking protection and implement violence reduction or measures where firearms misuse persists. social interventions at the community level to social interventions at the community States’ reduce overall levels of firearm violence. as responsibilities to prevent firearm violence, right to life part of their obligation to protect the interrelated and other human rights, require two the impact of firearm violence provides guidance the impact of firearm violence provides this on state human rights obligations in from context. These recommendations range the setting up systems of regulation to govern as acquisition, possession and use of firearms, complex well as establishing measures to enable person, and other human rights, in the context of person, and other out by private individuals in gun violence carried non-conflict settings. framework to address Amnesty International’s human rights. has analyzed international Amnesty International and standards and developed a human rights laws for States to meet obligations clear set of criteria to life, the right to security of to protect the right rights law. Finally, a human rights perspective rights perspective a human Finally, rights law. join communities to individuals and can empower and dignity in peaceful live in security together to of enjoy a full range where they can communities 26 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE The duediligenceobligations ofstatesinclude COMMUNITY ACTORS ANDIN THE VIOLENCE BYPRIVATE PERSON ANDFIREARM AND TOSECURITYOF 1.3 THERIGHTSTOLIFE maximize theenjoymentofrightsall. lethal weaponsbyprivateindividualscanstates through theregulationandrestrictionofaccessto of firearms.Onlybyensuringsafeenvironments which requires,amongotherthings,theregulation violence byprivateactorsinthewidercommunity, disciplining ofitsownagentstotheprevention namely, thatstateobligationsextendbeyondthe with specialrelevanceforthefirearmsdebate; encapsulates akeyhumanrightsprinciple, This commentbytheHumanRightsCommittee firearms.” against therisksposedbyexcessiveavailabilityof states shouldalso“protecttheirpopulations… identity. Inthisconnection,itexplicitlystatesthat on thebasisoftheirsexualorientationorgender violence, childrenandthosesufferingviolence experiencing domesticorothergender-based against categoriesofvictims”includingwomen responding appropriatelyto“patternsofviolence bodily integrityfromprivateactors.Thisincludes individuals fromforeseeablethreatstolifeor security placesanobligationonstatestoprotect also explicitlyunderlinesthattherighttopersonal security ofpersonfromviolationsbythestate, the safeguardsforprotectionoflibertyand The HumanRightsCommittee,whilefocusingon as awhole.” the Covenantbothforindividualsandsociety indicates theprofoundimportanceofarticle9 protected bytheUniversalDeclaration,which 6

international humanrightslaw. to havebreachedtheirobligationsunder firearm violence,thentheycouldbeconsidered actors inthefaceofclearevidencepersistent the possessionanduseoffirearmsbyprivate If astatedoesnotexerciseadequatecontrolover intimate partnerhomicide. factor forallformsoffirearmviolence,including possession inthehomeisawell-documentedrisk criminal violence,canbepersistent; which lackpublicservicesandaresubjectto of firearmviolence,ofteninpoorneighborhoods consequences. Insomecircumstances,highlevels are toalargeextentpredictable,withforeseeable security ofperson.Someformsfirearmviolence prevention ofviolenceposingathreattolifeor drugs, whichoftenrunsin parallel tothetrafficin particularly associatedwith thetrafficinillicit penetrated ordisplacedby organized crime– and systemicracism.State structuresmaybe and balancesonstatepowerinstitutional its humanrightsobligations,anerosionofchecks institutions, afailurebythestatetocomplywith by factorssuchasanerosionorabsenceofstate state institutionsandprivateactors,characterized a contextofdysfunctionalrelationshipsbetween Community-level firearmviolenceoftenhappensin necessary. non-state actorsforviolencepreventionmaybe interventions mobilizingarangeofstateand firearm violence.Atthecommunitylevel,complex protect thoseatmostriskofbeingvictims actors whorepresentarisktopublicsafetyand possession offirearmsandammunitionbyprivate and takeadministrativemeasurestoprohibitthe misuse persists.Statesmustimplementlegislation reduction orprotectionmeasureswherefirearm steps toputinplaceandimplementviolence most atriskofmisusingthem;andtakingeffective restricting accesstofirearms,especiallybythose violence requiretwointerrelatedapproaches: Broadly, states’responsibilitiestopreventfirearm 8 7 firearm AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 27

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At a minimum, registration should include: the country firearm make, model, unique serial number, case basis by competent authorities drawing on all case basis by competent authorities drawing available relevant evidence. the Licenses should specify conditions which licensee must comply with, including conditions only for secure storage and that it can be used and by the individual named on the license, license should be time limited. Compliance with a condition conditions should be regularly vetted as with of renewal. In the event of non-compliance be license conditions, firearm licenses should revoked and the firearm immediately removed. States should enforce a mandatory requirement that before receiving a license, an individual must undergo rigorous training and show demonstrable including safe safety, competence in firearms law, storage, and first aid. A firearm license should not be authorized unless A firearm license should conditions are met: a the following minimum for possession; a minimum credible justification the absence of known risk age requirement; and factors for consideration factors for misuse. Risk minimum: a prior criminal should include, at a violent behavior in the home record – especially for sexual of gender-based, or community; a history below); or domestic violence (for more detail see drug/ medical conditions including a history of might alcohol abuse or mental health issues which lead to the harm of self or others. a case-by- Each application should be reviewed on able to enforce all aspects of firearms law, states able to enforce all aspects of firearms law, should register all firearms in accordance with established international guidelines. • • • REGISTERING In order to control firearms proliferation, combat illicit traffic and maintain adequate records to be LICENSING possession of firearms prohibit any The law should possession license, with unlicensed without a offense. treated as a criminal • • Initiatives 9 and established international 10 these systems should include: 11 and light weapons guidelines, used by private actors to abuse human rights. Following recommendations made by the then Special Rapporteur to the UN Sub-Commission on Human Rights on the issue of preventing human rights abuses committed with small arms security of person and to prevent firearm violence states by private actors and in the community, must establish and enforce robust systems for regulating the possession of firearms and ammunition in order to prevent firearms being REGULATION BASED ON REGULATION GUIDELINES INTERNATIONAL of due In order to comply with their obligation and to diligence to protect the rights to life communities, are needed if sustained reductions communities, are needed if sustained in firearm violence are to be achieved. 1.4 A SYSTEM OF – often young males growing up in disadvantaged – often young males growing up in disadvantaged urban neighborhoods. Long-term, adequately towards funded, evidence-based projects, tailored contexts specific social, economic and cultural affected and working in partnership with the engagement and partnership with all relevant engagement and partnership authorities, law enforcement, stakeholders – local leaders. civil society and community risk of should be focused on those at most violence perpetrating and being victims of firearm And, as the community becomes trapped in cycles And, as the community violence, economic decline of state and criminal degradation can ensue. and infrastructural in the entrenched firearm violence Tackling problem requiring active community is a complex illicit arms. Lack of accountability of state bodies of state bodies Lack of accountability illicit arms. system, and the criminal justice and a failing state and private actors, impunity of both resulting power struggles. a context for violent can provide 28 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE be usedtoinformevidence-based policymaking. trafficking; andanyotherinformation thatcould based violenceinvolvingtheuseoffirearms;illicit firearm injuries,suicideandhomicide;gender- disaggregated dataonfirearmviolence,including States shouldcollecthighquality, systematic, RESEARCH compliance. ammunition aresecure,withpenaltiesfornon- to ensurethatallstocksoffirearmsandrelated impose legalrequirementsonownersanddealers possession ofandtradeinfirearms,statesmust In ordertoreducetheriskofmisuseandillicit SECURITY OFFIREARMSTOCKS transfer oruseoffirearms. sanctions foranyunlicensedorillicitpossession, All statesmustestablisheffectivecriminal TRANSFER ANDUSE ILLICIT POSSESSION, piercing ammunition. by adetachableammunitionmagazineandarmor- firearms, self-loadingsemi-automaticfirearmsfed would includeataminimum:fullyautomatic prohibited forusebyprivateindividuals. to causeexcessiveorunintendedinjury, mustbe level ofrisktopublicsafety, includingthoselikely Firearms andammunitionwhichrepresentahigh RESTRICTED WEAPONTYPES • be registered. Any saleorotherchangeofownershipshouldalso licensed holder. of manufactureandtypethename 15

These Moreover, theimplicitthreatoffirearmviolence killed byintimatepartners. substantially increasestheriskofwomenbeing that thepresenceofafirearminhome firearm ownership. partner homicideincountrieswithhighratesof Firearms aretheprincipalmechanismofintimate accounted for47%ofallfemalehomicides. intimate partnersorotherfamilymembers women. In2012,43,600womenkilledby are crimesthatmostoftendirectedtowards gender-based andsexualviolencehomicide, Worldwide, violencewithinthefamily, including FIREARM VIOLENCE 1.5 GENDER-BASED • • Measures shouldinclude: partner violencewiththoseonaccesstofirearms. practices ondomesticviolenceandintimate States shouldthereforelinklaws,policiesand domestic violenceorintimatepartnerviolence. to firearmsinsituationswherethereisariskof of strictlawsandpracticestoprohibitaccess in thehome.Thisshouldincludeadoption firearm violence,includingthreats,againstwomen a particularresponsibilitytocombatandreduce act ofextremeviolence.States,therefore,have domestic disputes,turningafitofangerintoan or sexualviolence.Firearmscanfatallyescalate on womenandbeusedforpsychologicaland/ can haveadisempoweringanddemoralizingeffect threatening behavior, policecalloutsfordomestic account allavailableevidence, includingreportsof authorities onacase-by-case basis, takinginto and removeafirearmshould be takenbycompetent Decisions tosuspendorrevokeafirearmslicense individuals whoalreadypossessafirearm. and immediateremovaloffirearmsfromabusive member orintimatepartner;suspensionoflicense violence towardsacurrentorformerfamily for thosewithahistoryofactualorthreatened Prohibition ofaccesstoandpossessionfirearms 17 US-focusedstudiesindicate

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24 25 27

26 with easily accessible firearms, has recommended with regard to Switzerland that the state party should take effective measures to combat suicide, including “by restricting access to firearms kept at home in connection with service in the army.” The draft Human Rights Committee general The draft Human Rights Committee “While comment on the right to life states: to human acknowledging the central importance [States …should dignity of personal autonomy, or attempting recognize that] individuals planning because to commit suicide may be doing so which they are undergoing a momentary crisis may affect their ability to make irreversible life.” In decisions, such as to terminate their of those these circumstances – which are typical should attempting suicide by firearm – “States suicides.” take adequate measures…to prevent In this connection the Committee has specifically recommended restrictions on access to firearms and ending the storage of firearms in the home by those in the armed forces and the creation of a national registry of privately owned firearms. Likewise, the Committee on Economic, Social and Cultural Rights, expressing concern about reports that a large number of suicides are committed firearms possession also have high firearm suicide high firearm possession also have firearms in countries instance, in high-income rates. For are carried out 46% of suicides the Americas, countries while in high-income using firearms, the rate is just 4.5%. excluding the Americas of suicide is a strong risk Access to the means especially in relation to factor for suicide death, is a heat-of-the-moment firearms. Where suicide to an acute psychological crisis, event in response firearms and their lethal nature the availability of risk of a fatal outcome. greatly increases the involving restricting access Preventive measures and more to firearms by those at risk of self-harm have been stringent safety measures in the home firearm shown to reduce the incidence of both suicide and the overall suicide rate. studies 22 21

20 Regions with high levels of 23 firearm violence and promote women’s equal access firearm violence and promote women’s decision-making and resources. to political power, law relating to gender-based violence. law relating to gender-based proactively to discharge their due diligence Work gender- obligations to combat, reduce and prevent based violence in the home. Support women who are organizing to prevent is incorrect, can have it rectified. and treaty Fully meet existing international norms based violence and domestic violence that is based violence and domestic violence that shared with licensing authorities on a case-by-case basis when they are assessing license applications, of data with due regard to established principles entitled to protection including that individuals are and, if it know what data relating to them is stored mechanism should be in place to enable review of mechanism should be to the decision should the decision but a challenge effect on its implementation. not have suspensive and States should undertake effective collection gender- storage of data on alleged perpetrators of minimize risk. as to the fitness of the alleged If there is any doubt a firearm or about the safety perpetrator to possess the firearms license should be of the alleged victim, firearms removed. An appeal refused or revoked and disputes, any fears for safety on the part of the fears for safety on disputes, any restraining existing or pending alleged victim, court proceedings violence-related orders, domestic sanctions. Such violence related or other domestic implemented immediately to decisions should be access to firearms and both the proportion of suicide deaths by firearm as well as elevated overall suicide rates. 1.6 SUICIDE AND DEATH ACCIDENTAL While global data on suicide is uneven, have indicated strong correlations between • • GENERALLY, STATES MUST: STATES GENERALLY, • • • 30 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE embedded in specific socio-economicrealities. violations, butalsoatpatterns ofviolations holistic approachwhichlooks notjustatindividual The fullenjoymentofallhuman rightsrequiresa of economic,socialandcultural (ESC)rights. beyond civilandpoliticalrightsintotherealm with dignity, couldbeseenasitselfextending the righttolife,insenseoflive political rightssuchastherighttolife.Indeed, inextricably linkedwithviolationsofciviland economic, socialandculturalrightsareoften interdependent andinterrelated. Human rightsareuniversal,indivisible, CULTURAL RIGHTS ECONOMIC, SOCIALAND 1.7 FIREARMVIOLENCEAND • • • • • death/injury by: other measurestoreducetheriskofaccidental firearms bythoseatriskofself-harmandtake States mustrestrictpersonalpossessionof and youngadults. firearm, particularlyamongchildren,teenagers to thepreventionofaccidentaldeath/injuryby storage andenhancedsafetymeasuresinrelation restricting accesstofirearmsandensuringsecure Similar considerationsarealsorelevantregarding dangers offirearmsinthehome. Public educationtoraiseawarenessaroundthe safety mechanisms;and Investment inresearchintoimprovingfirearms unloaded andunderlockkeyoroffsite); safe storage(forexample,keepingfirearms Enforcing stringentsafetyrequirementsincluding ammunition purchases; Instituting waitingperiodsforfirearmand before anindividualisgivenalicense(seeabove); assessments ofpsychologicalfitnessforpossession Ensuring rigorousbackgroundchecks,including 29 30 Violationsof 31 32

and homicide,especiallywherethedynamicsof are atparticularlyhighriskoffirearmviolence across thefullrangeofhumanrights.Young males can haveanimpactonthecommunityasawhole proliferation offirearmsinthesecircumstances rights andlawenforcement.Easyaccessto comply withinternationalstandardsonhuman inadequate policingorwhichdoesnot illicit drugs,lackofaccesstopublicservicesand with highlevelsofcrime,includingtraffickingin concentrated inlowincomeurbanneighborhoods socio-economic dimension.Itistypically Firearm violencebyprivateactorshasastrong rights. obstacles torealizingthefullspectrumoftheir marginalized communitieswhofacethebiggest The statehasadutytoactivelyprioritize filled byarmedgangsororganized crime. terms ofhumanrightscompliant policing–canbe inadequacy ofastatepresence –includingin become entrenchedandgapsleftbythelackor firearm violenceandintimidationcanmoreeasily be true:inneighborhoodslackingpublicservices, access topublicservices,theconversecanalso While firearmviolencecanresultininadequate effects ofchronicexposuretotrauma. and mentalhealthissuesstemmingfromthe care, impairment,long-termphysicaldisability, income andthecostsofmedical/psychological deprived communities,includinglossoflivelihood/ impose significanteconomiccosts degrades thoseservicesovertime.Itcanalso entrench deprivationinthecommunitywhich services, suchashealthandeducation, firearm violencecanbothinhibitaccesstobasic In termsofESCrights,patternspersistent of theirpartners. breadwinner followingthedeathorseriousinjury economic aftermathoffirearmviolenceasthesole Women areoftenlefttodealwiththesocio- gang participationandviolenceareprevalent. 34 onalready 36 33 35

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 31 This in turn can 39 Implementing effective crime prevention and firearm reduction plans, community security projects and disarmament initiatives. surplus firearms out of circulation by, Taking Active engagement and partnership with all relevant stakeholders – such as local authorities, including those providing public health and education services, law local businesses enforcement, civil society, and community leaders – on firearm violence reduction/prevention, focusing initiatives on those at most risk of perpetrating or becoming victims of gun violence. › › › › › compliant and accountable law enforcement compliant and accountable law enforcement the rule agencies committed and trained to ensure of law and prevent illegal acts, thereby reducing by perceived need to protect themselves people’s resorting to firearms. and Implementing effective firearms regulation human rights compliant policing, and enforcing sanctions against those who use firearms unlawfully. reduction Implementing evidence-based violence a programs in communities where there is These persistently high level of firearm violence. could include: › Taking measures to ensure a context of public Taking safety supported by effective, human rights- • • have a particularly serious impact on children impact on children serious have a particularly by disrupting school including and adolescents, the learning and retention, damaging attendance the efficacy of teaching, and reducing environment to poorer outcomes in terms which in turn leads income. of employment and crime of deprivation, poverty, perpetuate cycles and violence. with their due diligence In order to comply to protecting the rights to obligations with regard of person as well as ESC rights, life and to security reduce persistently high levels states must work to and the long- of firearm violence in communities term socio-economic impacts, by: • and victims and 38 in others, frequent official or in others, frequent 37 have a negative impact on education. Endemic firearm violence and associated insecurity can Firearm violence can disrupt the functioning of schools and make trips to and from school dangerous. Lack of state resources for education and problems of recruiting and retaining teachers in neighborhoods wracked by firearm violence health issues. 1.7.2 FIREARM VIOLENCE AND THE RIGHT TO EDUCATION and psychological effects, their families often lack access to adequate rehabilitation. psychological support and physical follow There is a particular shortage of longer-term up programs to address physical and mental problems throughout the affected community. problems throughout the affected community. profound Lack of day-to-day security can have those psychological impacts, particularly for for the who have witnessed shootings, and Gunshot friends and family members of victims. physical survivors can suffer severe and chronic services may avoid locating in areas of high services may avoid locating in areas associated with firearm violence because of issues insecurity and poor staff retention. health Firearm violence can also cause long-term can close down health care services. In many can close down health concerns and associated countries, security retention among those working costs impact staff their in essential services, further diminishing instances, capacity and effectiveness. In some are high levels of firearm violence can find it are high levels of firearm to access local healthcare difficult or dangerous instances, the partitioning facilities. In some by armed criminal gangs can of neighborhoods obstruct access; to police interventions de facto curfews related 1.7.1 FIREARM VIOLENCE AND THE VIOLENCE 1.7.1 FIREARM HEALTH RIGHT TO in which there in communities People living 32 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE parties, includingcompanies. Thisrequirestaking within theirterritoryand/or jurisdictionbythird “States mustprotectagainst humanrightsabuse Guiding Principles) Principles onBusinessandHumanRights(UN actors, includingcompanies.TheUNGuiding a dutytoprotectagainstabusesbynon-state Under internationalhumanrightslaw, stateshave DEALERS DISTRIBUTORS AND MANUFACTURERS, 1.8 FIREARM • • • • particular: adequate resourcesforthosecommunitiesandin violence statesshouldalsoensuretheprovisionof for communitiesimpactedbypersistentfirearm While implementingviolencepreventionmeasures provision. where highlevelsofgunviolenceimpactonservice basic servicesandinfrastructureincommunities Prioritize theallocationofpublicresourcesto healthcare response. impacts offirearmviolencethroughtargeted Address thephysicalandpsychologicalhealth services. intimidation ofstaffchargedwithproviding gangs limitingaccesstohealthservices,orthe partitioning ofneighborhoodsbyarmedcriminal the disruptionoffunctioningschools, is impedingaccesstobasicservices,suchasby Address anyspecificissueswherefirearmviolence health andeducation)isguaranteed. Ensure fullaccesstobasicservices(including › › use. can leadtoanescalationofgunownership/ prevention andassuagingfearofviolencethat Challenging stereotypesaroundgunsandcrime buy-back programs. for example,regularfirearmsamnestiesand 40 expresslyarticulatethat: operations, irrespectiveoflegalobligationsin prevent abusesofhumanrightsthroughouttheir should carryouthumanrightsduediligenceto the UNGuidingPrinciplesstatethatcompanies state’s ownhumanrightsobligations.Specifically, – aresponsibilitywhichisindependentofthe have aresponsibilitytorespectallhumanrights Under, theUNGuidingPrinciplesallcompanies diligence. themselves toconducthumanrightsdue a regulatoryframeworkthatrequirescompanies actors inthesupplychain manufacturers, distributors,dealers,andother This entailsregulatingtheconductofarms legislation, regulationsandadjudication.” and redresssuchabusethrougheffectivepolicies, appropriate stepstoprevent,investigate,punish and/or poorlyimplemented regulationoffirearms, following existinglaw. Injurisdictions withweak In somejurisdictions,this may beamatterof their productsareusedfor human rightsabuses. should adoptmeasurestominimizetheriskthat dealing infirearmsandrelatedammunition Companies manufacturing,distributingand industry. their effectiveimplementationthroughoutthegun governments tosetuniformstandardsandensure Companies shouldworkwithfederalandstate rights abuses,includingintheirvaluechains. that theyarenotcausingorcontributingtohuman assess allaspectsoftheiroperationstoensure or contributedtobyothers.Companiesshould its operations,productsorservices,evenifcaused own activitiesorwhichmaybedirectlylinkedto company maycauseorcontributetothroughits cover adversehumanrightsimpactsthatthe Companies’ humanrightsduediligenceshould required inthatjurisdiction. companies mayneedtogobeyondwhatislegally their responsibilityofhumanrightsduediligence, other words,ifnecessary, inordertocomplywith the jurisdictioninwhichtheyareoperating 42 andincludesadopting 41 .43

In AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 33 46

45 self-loading semi-automatic rifles and shotguns fed self-loading semi-automatic rifles and shotguns and armor- by a detachable ammunition magazine, piercing ammunition; illicit Putting in place robust measures to combat sale or transfer of firearms and/or ammunition; Investing in research into measures to prevent accidental discharge of weapons, including devices, improving reliability of traditional safety as and developing newer technologies such personalized weapons. firearm Refraining from lobbying for relaxation of increased regulation, where such a relaxation risks human rights abuses; or against initiatives which could reduce firearm-related abuses. Withdrawal of products from sale where risks of of products from Withdrawal be effectively mitigated, and their misuse cannot where there is restricting sales in circumstances high risk of misuse; evidently a particularly products Refraining from marketing/promoting encourage misuse of in such a way that might firearms; actors Ceasing marketing and selling to private certain types of particularly harmful weapons, firearms including at a minimum fully automatic semi- (including accessories/modifications for automatic weapons which allow rapid firing firearms); functions akin to those of fully automatic • • • the requirements of national law where the law is law where the law of national the requirements are insufficient or these requirements inadequate and prevent abuses. mitigate risks to effectively could include: Such measures • • • Standards for dealers and others 44 Companies manufacturing, distributing and dealing in firearms and related ammunition must adopt adequate human rights due diligence policies and practices regardless of whether they or that go beyond are required by national law, organizations linked to and funded by those organizations linked to and funded by regulation companies, for relaxation of firearm firearm or against initiatives designed to reduce their violence would be inconsistent with responsibility to respect human rights. engaged in the sale of guns and ammunition engaged in the sale of guns and ammunition checks, should include universal background final and waiting periods before sales become (as described training and licensing requirements or by above). Lobbying by firearms companies manufacture, marketing and sale of certain manufacture, marketing and sale of types of particularly harmful weapon-types; dealers; and ceasing distribution to problematic accidental introducing safety measures to prevent death or injury. industry-wide initiatives to set standards on industry-wide initiatives across a given sector. human rights compliance should take to meet Measures which companies rights their responsibilities to respect human the include enhanced record keeping; ceasing use of their products and to minimize the risk of use of their products used to commit human rights their products being risks are identified, companies abuses. If potential to eliminate or mitigate should take measures of mitigation could include these risks. Measures the risk of human rights abuses resulting from the resulting from human rights abuses the risk of these contexts, firearm is high. In use of firearms above and beyond need to take actions companies prevent irresponsible responsibilities to their legal 34 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE CHAPTER 2 AND POLITICS DOMESTIC LAW FIREARMS IN away astate’s rightto self-defense.Underthis intended onlytorestrictCongress fromlegislating regulated Militia”toargue that theAmendment Other scholarspointtothe referenceto“awell regulations unconstitutional. possession or, attheveryleast,rendersrestrictive restricts legislativebodiesfromprohibitingfirearm firearms. constitutional rightforcitizenstoownanduse that theAmendmentcreatesanindividual Some scholars,lawyersandjuristshaveargued of therighttoownandusefirearmsinUSA. considerable debateregardingtheintendedscope the UnitedStatesConstitutionhascreated The languageoftheSecondAmendment keep andbearArms,shallnotbeinfringed.” security ofafreeState,therightpeopleto “A wellregulatedMilitia,beingnecessarytothe AMENDMENT 2.1 THESECOND 47 TheyarguethattheConstitution United StatesConstitution,AmendmentII In 2008,the US SupremeCourtrevisited the possession offirearms. localities toplacerestrictions onthepurchaseand allowing thefederalgovernment, statesand precedent-setting rulingstood fornearly70years, or efficiencyofawell-regulatedmilitia.This a reasonablerelationshiptothepreservation possession ofsuchaweapondoesnothave off, double-barrelshotgun.Itreasonedthatthe individual therighttokeepandbearasawed- Second Amendmentdoesnotguaranteean between states.TheCourtdeterminedthatthe the NFA fortransportingasawed-offshotgun Amendment whentwomenwerechargedunder National FirearmsAct(NFA) violatedtheSecond Miller Court inits1939decision, Amendment wasadoptedbytheUSSupreme This collectiveinterpretationoftheSecond individual constitutionalright. authority toregulatefirearmswithoutviolatingany state andfederallegislativebodieshavethe context ofmilitiaserviceand,therefore,local, an individualrighttopossessgunsoutsideofthe “collective rights”theory . 49 TheCourtwasdeterminingwhetherthe

48 citizensdonothave United Statesv. AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 35 55 which compared 43

57 has different legislative and 56 decision and its extensive review and its extensive decision In doing so, the court struck down so, the court struck In doing 54 . Local governments can enact laws . Local governments Heller Heller A common feature of the licensing process in most countries around the world is a requirement to have a “genuine reason” (for example, hunting, target shooting, pest control and, in some instances, self- defense) for owning a weapon. In most countries individuals cannot simply have a handgun for personal use. While each jurisdiction acquisition, administrative procedures related to the include certain possession and use of firearms, most acquisition of basic restrictions aimed at preventing them, preventing firearms by those at risk of misusing and unauthorized use of firearms once acquired can restricting the types of firearms that individuals lawfully acquire. A Small Arms Survey study Africa, jurisdictions in 28 countries spread across found that the Americas, Asia, Europe and Oceania, virtually all states in the sample implement a system of licensing users (with varying conditions) to prevent possession of a firearm by people deemed to be unsuitable, prohibit possession of automatic firearms, and restrict the possession of semi-automatic firearms. Many states require registration of firearms – most with centralized systems of data collection to track firearms within the jurisdiction. on the and held that the Amendment of the Second incorporated to must be Second Amendment the states. and Oak Park, Illinois, handgun bans in Chicago Second Amendment. State on the basis of the may enact firearm laws and and local governments must comply with the Second regulations, but they Supreme Court decision Amendment and the in of firearms within that regulate the possession for those in states that have their cities, except firearms explicitly removed authority to regulate and ammunition from local governments. FIREARM LEGISLATION AROUND THE WORLD

51 52 The 53 The 50 . case relied McDonald v. City of City McDonald v. McDonald challenged the law and the challenged the law Heller decision only strictly applied to federal evaluated whether or not the Second District of Columbia v. Heller Columbia v. District of

Heller Chicago Amendment should be incorporated to states via Due Process clause, the Fourteenth Amendment’s which can be utilized to limit state power. majority of Justices in the Since the District of Columbia is a federal entity, Since the District of Columbia is a federal entity, the just two years regulations on firearms. However, Court in the Supreme later, “dangerous and unusual weapons”. This could include firearms that are used in a military context, for example automatic weapons. The Court also declared that its analysis should not be read to suggest “the invalidity of laws regulating the storage of firearms to prevent accidents.” firearm possession in sensitive places such as firearm possession in sensitive places those schools and government buildings; and sale that impose conditions on the commercial the Second of firearms. The Court also noted that banning Amendment is consistent with laws the carrying of firearms in public. In its written the carrying of firearms in public. In of opinion the Court provided some examples such laws it considered “presumptively lawful”, possession as regulations that prohibit firearm that forbid by felons and the mentally ill; those is not without limitations. It is not a right “to is not without limitations. It is not a in any keep and carry any weapon whatsoever purpose” manner whatsoever and for whatever on and reasonable limitations can be placed and firearm purchase, possession and storage Amendment protects an individual right to possess Amendment protects with service in a militia a firearm unconnected right to include a right to keep a and extended the loaded handgun at home for self-defense. right The Supreme Court did state that this was refused under a Washington D.C. firearm a Washington was refused under regulation. that portions of the District Supreme Court ruled the Second Amendment. of Columbia law violated time, that the Second It found, for the first issue in of Columbia came from a District challenge applied to register agent who law enforcement at home, but he wished to keep a handgun 36 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE powerful ifirreconcilablewith thelanguageof unlimited viewofthatright thatispolitically contained in of anindividualSecondAmendment right Association (NRA)haveseizedontherecognition and organizationssuchastheNationalRifle On theotherhand,politicians,lawmakers, on thecourt’s decisionin similar tragediesinthefuturecannotbeblamed Congress totakeanyactionminimizetheriskof and Arizonainrecentyears.Thefailureof the tragicmultiplekillingsinVirginia,Colorado ownership oruseofthesortsweaponsusedin provides noobstacletoregulationsprohibitingthe construed in since retired,explainedthat“evenasgenerously the SupremeCourtduring of theselaws. decided, courtshaveupheldthevastmajority Amendment challengestolawssince As aresult,despitemorethan1,200Second are fullyconsistentwiththeUSConstitution. unlimited andthatanumberofregulations affirmation thattherighttofirearmsisnot Amendment, courtshavefocusedonthe In challengestoregulationsundertheSecond very differentfrompreviousinterpretations. version oftheSecondAmendmentthatis and ithasgivenrisetoarhetoricalpolitical legal jurisprudenceontheSecondAmendment The and improvepublicsecurity.” same underlyingobjectives–topreventgunmisuse firearms” andthat“bylarge,statessharethe can possess,theuserandpermitteduseof simultaneously regulatingthetypeoffirearmcivilians civilian firearmaccessaregenerallythree-pronged, The studyconcludedthat:“nationalcontrolson seen asarightonlyintheUSAandYemen. In alljurisdictionssurveyed,firearmownershipwas Heller decisionwasamonumentalshiftin Heller Heller 59 JusticeStevens,whoservedon , theSecondAmendment andhaveassertedan Heller 58 Heller .” 60

but has Heller Heller was

LOBBYISTS ONFIREARM 2.2 THEIMPACT OF to misusethemhavebeenrepeatedlyfrustrated. keep firearmsoutofthehandsthosemostlikely needed tolegallypossessafirearmandefforts right. Theresultisasituationwherenoreason possession isnotanautomaticandunlimited any policywhichatitscorearguesthatfirearm the SecondAmendmentthatthreatentoupend to beararms”mindsetbornofinterpretations communities. enact regulationstoaddressgunviolenceinthose and actionincertainstatestolimitaccess on theSecondAmendmenthasthwartedprogress Heller proponent ofgunsafetylaws. basis.” and encouragerifleshooting onascientific The NRAwasestablishedin1871to“promote and legaluseoffirearms.” every law-abidingcitizenisentitledtotheownership American rightto‘keepandbeararms,’believesthat “The NRA,theforemostguardianoftraditional than theNRA. in theformationoffirearmlegislationUSA No singleorganizationhasbeenmoreinfluential ASSOCIATION 2.2.1 THENATIONAL RIFLE gun violencepreventionlobby. significant impactofboththegunlobbyand and statefirearmlegislationhasunderscoredthe history, thepushandpullsurroundingfederal Amendment wasenactedin1791. of firearmsdatesbacktobeforetheSecond Legislation regulatingtheuseandpossession LEGISLATION decision itself.Thisrhetoricandlanguage 64 Inthebeginning,itwasactually a 61 Ithasalsoencourageda“right 63 65 However, from 62 Inrecent AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 37

78 NRA Media 77 The Brady Act was 84 In 2001, the NRA stated 82 FOPA amended, and functioned FOPA 80 The NRA-PAC or NRA-PVF was or NRA-PVF was The NRA-PAC

74 79 The NRA Freedom Action Foundation The NRA Freedom 75 83 It had also required firearm dealers to It had also required firearm dealers 81 Prevention Act (Brady Act). the press secretary for named after Jim Brady, President Reagan who was shot and paralyzed during an assassination attempt on the President. Among other things, it mandates and requires a National Instant Criminal Background Check to worked to impact both federal and state firearm worked to impact both federal and state legislation. in the For example, the NRA was a key player Act enactment of the Firearm Owners’ Protection in 1986. (FOPA) of 1968, to undermine, the Gun Control Law to felons, which had banned the sale of firearms mentally drug users, those under 21 and the ill. on obtain licenses and imposed some restrictions interstate transactions. “didn’t just change the unequivocally that FOPA restrictive Gun Control Act of 1968, it overruled no fewer than six anti-gun Supreme Court decisions and about one-third of the hundreds of lower court rulings interpreting the Gun Control Act.” From 1987 to 1993, the NRA vigorously opposed the enactment of the Brady Handgun Violence campaigns. pro-Second in 1977 to “ensure established The elected to office”. lawmakers are Amendment provides pro-bono Rights Defense Fund NRA Civil related to Second Amendment legal work on cases rights. non-partisan Second is “dedicated to providing to all American Citizens”. Amendment education program is a “voter the Vote” Their “Trigger to ensure gun owners across registration effort to vote”. the country are registered targeting “strategic audiences Outreach works by power of to energize and activate the grassroots the public on Second Amendment issues”. have For decades the NRA and these entities certain been very influential in helping to elect have candidates and defeating others and 68

73 The remainder 69 The NRA is 72 According to research 70

71 66 Since that time, the NRA has worked Since that time, the 67 The NRA’s powerful lobbying arm, the NRA- powerful lobbying The NRA’s ILA, was established in 1975. This lobbies for and against various laws and runs issue-based composed of several organization and entities, including the NRA Institute for Legislative Action (NRA-ILA), the NRA Political Action Committee or NRA-PVF), the NRA Freedom Action (NRA-PAC Foundation and NRA Media Outreach. namely manufacturers and dealers, donated between US$19.3 million and US$60.2 million to the NRA between 2005 and 2013. According to the NRA, they have a membership of nearly five million individuals. revenue of US$125 million annually. and grants of its funding comes from contributions from individuals, organizations and corporations, including gun manufacturers. the gun industry, by the Violence Policy Center, WHO FUNDS THE NRA? the NRA There are several sources of funding for of the NRA’s and its related entities. An evaluation show that state tax filings between 2005 and 2014, an average membership fees alone accounted for local, state and federal levels – including laws that local, state and federal levels – including (including overwhelming majorities of Americans support. many gun owners and NRA members) By 1977, the NRA had adopted a revised motto: By 1977, the NRA to Bear Arms Shall Not Be “The Right of People Infringed”. regulations to overturn a wide variety of existing bills at the and to prevent enactment of myriad under 21 and the mentally ill. And while the under 21 and the pass, the NRA was successful law did eventually the most important part of in blocking perhaps the establishment of national the proposed law: registration of firearms. the 1960s onwards, this began to change. For to change. For onwards, this began the 1960s opposed many members vigorously example, which banned Law of 1968, the Gun Control drug users, those firearms to felons, the sale of 38 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Administration. mental healthrecordsfrom theSocialSecurity the federalbackgroundcheck systemtoinclude have overturnedanObama eralawthatexpanded see Section5.3.4); more onConcealedCarryReciprocity Legislation matter howdifferentthetwostates’lawsare(for allowed tocarryaguninanyotherstate–no carry gunsinpubliciftheindividualsarelegally which wouldrequirestatestoallowindividuals silencers; the Act of2017,intendedtomakeiteasierobtain and threeinparticular:theHearingProtection lobbying relatedto81piecesoffederallegislation In 2017,theNRAspentUS$5,122,000on the NRA. expenditures fromthegunlobby, primarilyfrom direct campaigncontributionsorindependent of backgroundchecks,93%hadreceived the senatorswhovotedagainstexpansion get thevotesneededforittopassintolaw. Americans. checks weresupportedbyalmost90%ofall to theSenateforvote.Attime,background In 2013,abipartisanbackgroundchecklawwent checks in1998. with theimplementationofinstantbackground handgun purchases,howeverthiswaseliminated Brady Actincludedafive-daywaitingperiodfor available, statedatabases.Whenenacted,the dealers usingfederaldatabases,andwhere checks arecompletedbyfederallylicensedgun purchasers. background checksonpotentialhandgun regulatory programandspecificallytoconduct state officialstoadministerorenforceafederal Court heldthatafederallawcouldnotforce In states’ rights. requirements undertheBradyActinfringedon backed lawsuitwasfiledwhichclaimedthatthe Soon aftertheBradyActwaspassed,anNRA- purchased fromafederallylicensedgundealer. be establishedunderthelawforeveryfirearm Printzv. TheUnitedStates 91

89 87 However, themeasurefailedto Rather, asitstands,background

86 Concealed CarryReciprocityAct, Thechallengewassuccessful. 93 88

92 andaresolutionwhichwould , theSupreme 90 Of 85

Many peoplefromacrossthepoliticalspectrum the USA. causes, costsandpreventionofgunviolencein to preventthegovernmentfromresearching laws. carry andreciprocitylawsoncampus passed includestandyourgroundlaws,concealed zones. Federallawsthatithasworkedtoget any andallassaultweaponbansgun-free block include:lawsrequiringbackgroundchecks, laws thattheNRAhasworkedaggressivelyto to 21. minimum ageforpurchasingafirearmfrom18 the StateofFloridaopposingraising March 2018,theNRAfiledalawsuitagainst regulation aroundthecountry. Forexample,in The NRAalsofightsagainststatefirearm American firearm owners.Itistruethat gun reflect theviewofmostAmericans, orevenmost Despite thepoweritwields, theNRAdoesnot PREVENTION LOBBY 2.2.2 THEGUNVIOLENCE ownership asafreedomissue.” Gun OwnersofAmerica,whichviews“firearms trade associationwith12,000members,and as theNationalShootingSportsFoundation,a but stillpowerful,gunlobbyorganizations,such In additiontotheNRA,therearesomesmaller would liketosee.AndIamagunman.” Congress oftheUnitedStatesthanasacitizenI to say, havehadfartoomuchinfluenceonthe misled theAmericanpeopleandthey, Iregret that Ihaveeverseeninmylifetime…[TheNRA] on theAmericanpublicbyspecialinterestgroups greatest piecesoffraud–Irepeattheword stated thattheNRAhadperpetrated“oneof Richard Nixonin1969andretired1986, Justice Warren Burger, whowasappointedby interview withPBS,retiredSupremeCourtChief impact onfirearmlegislation.In1991inan have criticizedtheactivityofNRAandits 95 94 TheNRAhasalsolobbiedsuccessfully Thelistofexamplesstateandfederal 96 98

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 39

115

112 The Giffords’ team 117 Everytown, which currently has 113 It focuses on “groundbreaking

114 116 118 THE COALITION TO STOP GUN VIOLENCE The Coalition to Stop Gun Violence (CSGV) believes that all Americans have a right to live in communities free from gun violence. Their policy, advocacy and strategic engagement teams work to draft, pass and implement evidence-based original research, developing evidence-based original research, developing evidence-based in policies, and communicating this knowledge the courts and the court of public opinion.” provides Its Litigation and Enforcement group across the free legal representation and advice country. GIFFORDS an advocacy Giffords is comprised of a legal team, and is led arm and a political action committee Giffords. She by former Congresswoman Gabrielle was shot and seriously injured in an assassination Arizona, in which attempt in 2011 in Tucson, six people were killed. works to help write, enact, and defend state and federal gun violence prevention laws around the country. its sister organization, the Brady Center to Prevent Center to Prevent organization, the Brady its sister focuses the Brady Campaign Gun Violence, health and safety through public on education and legal action affecting legislation, programs, of survivors and victims through the representation in civil litigation against gun of firearm violence dealers. manufacturers and FOR GUN SAFETY EVERYTOWN Safety (Everytown) was founded Everytown for Gun Against Illegal Guns and in 2013 when Mayors in America Moms Demand Action for Gun Sense joined forces. is “dedicated over 2 million members nationwide, violence in to understanding and reducing gun America.”

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107 110 104 polls have Together with Together In addition to 101 111 109 law enforcement, 106 Surveys of gun owners Surveys of gun owners 99 have all voiced their support for mental health professionals, 108 103 pediatricians, 105 In fact, polling following a 2018 mass In fact, polling following 100 Prevent Gun Violence, after Jim Brady and his wife Sarah Brady in 2001. The Brady Campaign was driving force behind the Brady Handgun Violence Prevention Act, passed in 1993. The Brady Campaign was founded in 1974 as the National Council to Control Handguns. It operated under the name Handgun Control, Inc (HCI) until it was renamed the Brady Campaign to evidence-based policies and programs to prevent gun violence in urban communities of color. TO PREVENT GUN THE BRADY CAMPAIGN VIOLENCE Violence, have become a platform for national, Violence, have become a platform for state and local firearm reform. Community these groups, the recently launched advocacy Justice Reform Coalition, is a national investing in coalition focused on promoting and The gun violence prevention lobby, championed The gun violence prevention lobby, Brady by several organizations including the Everytown for Campaign to Prevent Gun Violence, Giffords and the Coalition to Stop Gun Gun Safety, including those involving private firearm sellers. including those involving private firearm organizations representing public health Similarly, researchers, doctors, and educators stronger firearm regulations. school shooting in Parkland, Florida, revealed school shooting in of registered voters that between 65%-69% gun laws and supported stronger universal shown that 90% of Americans “support purchases background checks” for all firearm as recorded in 1968. that most gun owners across the USA indicate firearm acquisition support policies regulating of the in contrast with positions and safety, NRA. ownership in the USA has grown exponentially exponentially in the USA has grown ownership the Congressional 50 years. In 2012, in the last that there were more Service reported Research USA, twice as many million guns in the than 300 40 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE and analyticstodrivetheconversationaround CJRC utilizesevidence-basedresearch,data, communities ofcolortopreventgunviolence. policies thataredevelopedandimplementedby investments inevidence-basedprogramsand violence. CJRCadvocatesforstrategiclong-term communities ofcolorimpacteddirectlybygun on local,state,andfederalissuesofconcernfor a nationaladvocacycoalitionwhoseworkfocuses The CommunityJusticeReformCoalition(CJRC)is THE COMMUNITYJUSTICEREFORMCOALITION firearms fromalovedoneincrisis. and familymemberstotemporarilyremove development of other areas,CSGVisseenasanexpertinthe legislation atthestateandfederallevel.Among

laws thatallowlawenforcement 119 Never AgainMSD,amongothers. Violence, MomsRising,DoctorsforAmerica,and Center, theNationalCoalitionAgainstDomestic Fund toEndGunViolence,theViolencePolicy the LIVEFREE-PICONationalNetwork,Pride Progress, StatesUnitedtoPreventGunViolence, Newtown ActionAlliance,theCenterforAmerican These includeTheSandyHookFoundation,the to encouragegunviolencepreventionintheUSA. national, stateandlocalorganizationswhichwork These organizationsarejoinedbydozensof society, andespeciallythoseonthemargins. the safetyandsecurityofallmembersour significance ofinvestinginprogramsthatpromote affect communitiesofcolor, highlightingthe injustices, especiallythosethatdisproportionately 120 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 41

Unintentional shooting 123 Failure to address systemic 122 For students attending schools located in 124 legally purchased in general by individuals under the age of 21. Children should be safe in schools, yet between 2013 and June 2018, there were 316 incidents of gunfire on school grounds in the USA. areas with high rates of gun violence, the path to and from school poses a very real threat to life. the US population. rights discrimination; failure to ensure human to keep compliant policing practices; failure most likely firearms out of the hands of those in gun to misuse them; and a failure to invest to this violence prevention programs all contribute crisis. the USA Over 1,400 children die each year in from gun-related homicides, unintentional shootings and suicides. deaths and suicides by children who have access to guns could be prevented through the implementation of Child Access Prevention (CAP) laws requiring guns to be stored safely and a staggering 23 US states However, securely. have failed to enact any such laws. Age limits on gun sales should be implemented so that dangerous firearms like assault rifles cannot be

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A startling 14,415 people lost their lives in gun homicides in 2016. African Americans accounted for 58.5% of gun homicides nationwide, even though African Americans make up just 13% of violation of international human rights law. Firearm homicide disproportionately impacts minority communities and is the leading cause of death for black men and boys aged 15-34. or serious injury from firearms include individuals who present a risk of harm to themselves or others. The USA is failing to protect individuals and communities most at risk of gun violence, in However, Amnesty International has found that However, people gun violence manifests and affects certain of color, and communities, in particular people and children and women, in wholly dissimilar disparate ways. Others at heightened risk of death injuries in the USA affect people of every age, injuries in the USA affect people of sexual orientation, religion, nationality, ethnicity, Gun violence affects gender and gender identity. communities, those living in both rural and urban poverty. the affluent as well as those living in Gun violence and firearm-related deaths and Gun violence and firearm-related deaths

IN THE USA IN THE FAILURE TO PROTECT: TO PROTECT: FAILURE CRISIS GUN VIOLENCE THE CHAPTER 3 CHAPTER 42 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE others. to belikelymisuseit harm themselvesor a firearmremovedfroman individualwhoisfelt and lawenforcementtopetition acourttohave Orders (ERPOs)whichallow familymembers not implementedincludeExtremeRiskProtection a firearmimpulsively. Othermeasuresthatare harm tothemselvesorotherswhomaypurchase saving policyforindividualswhopresentariskof mandatory waitingperiodsareapotentiallylife- requiring thesafeandsecurestorageofweapons, likely tomisusethem.Forexample,inaddition risk offirearmsendingupinthehandsthose to enactadditionalpoliciesthatdecreasethe background checksystem,aswellafailure at riskofhurtingthemselvesorothersinthe adequate reportingnationwideofthosewhoare than 62aday. suicide usingafirearm,anaverageofmore In 2016,22,938peopleintheUSAdiedby firearms. crimes againstdatingpartnersfrompossessing which prohibitthosewhohavebeenconvictedof loophole”, 31statesdonotcurrentlyhavelaws some stateshaveclosedthisso-called“boyfriend the protectionmeasuresthatareinplace. together anddidnotcohabitareexcludedfrom former datingpartnerswhodidnothaveachild putting livesatrisk. states requireorauthorizeauthoritiesdoso, removal orsurrenderoffirearmsandonly27 is granted,federallawdoesnotrequirethe Even whenadomesticviolenceprotectionorder check throughaprivatesaleoratgunshow. recourse orpurchaseonewithoutabackground the individualcouldpurchasefirearms,without for inclusioninstateandfederaldatabases, records arenotaccuratelyandrapidlysubmitted acquire afirearm,iftherelevantdomesticviolence domestic violencecrimemaynotlegallyownor provides thatanindividualfoundguiltyofa and firearmsprotectionlaws.Whilefederallaw to significantloopholesindomesticviolence Women arealsoatriskfromgunviolencedue 127 128 Thereisafailuretoensure 125 Furthermore,currentor 126 While killed. disputes between January2009andJuly2015weredomestic and 339injured. the USA,inwhichatotalof848peoplewerekilled 2009 and2016therewere156massshootingsin where fourormorevictimsarekilled. Mass shootingsaretypicallydefinedas MASS SHOOTINGS life andsecurityofperson. take reasonableandtimelymeasurestoprotect fulfill theirobligationtoactwithduediligenceand groups inUSsocietyofthefailureauthoritiesto This chapterlooksattheconsequencesforvarious (Section 3.4). May PresentaRiskofHarm to ThemselvesorOthers 5.5), andAccesstoFirearms forIndividualsWho Gat cranksandOtherdangerous devices(Section Large CapacityMagazines,BumpStocks,Trigger/ 3.3), Semi-automaticAssaultRiflesandShotguns, Section 3.2.3.Seealso:DomesticViolence(Section (ERPO). Massshootingsinschoolsarediscussed accessories; andEmergencyRiskProtectionOrders armor-piercing ammunitionandotherweapons/ capacity magazines,bumpstocks,triggerlocks, shotguns, semi-automaticsubmachineguns,high- on semi-automaticassaultrifles, stronger domesticviolenceprotectionlaws;aban checks; lawsrequiringthesafestorageoffirearms; training andregistration;comprehensivebackground of gunviolence:anationalsystemlicensing, the sameasthoseidentifiedtopreventotherforms The solutionstoaddressingmassshootingsare and movietheaters. places suchaschurches,schools,concertvenues an environmentinwhichpeoplefeelunsafepublic survivors, families and communities and have created a profoundemotionalandpsychologicaleffecton of gundeathsintheUSA. Public massshootingsaccountforlessthan1% 131

in whichfourormorefamilymemberswere 130 Morethanhalfofmassshootings 132 However, theyhave 129 Between AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 43

138

140 137 they were almost

139 144 Firearm homicide was the 142 In 2016 alone, 5,366 black 143 145 they made up 58% of gun homicide they made up 58% of gun homicide 141 and about six times more likely than Latino men and boys. Firearms violence and the toll it takes on communities of color in urban settings is a symptom of a broader problem, one rooted in failures of federal, state and local government history of disadvantage and marginalization history of disadvantage and marginalization lack of state suffered by these communities; the practices support services; discriminatory policing and, and interventions; easy access to firearms; in some cases, disputes between established create fertile criminal gangs and drug crimes can ground for pervasive firearm violence. in gun In 2016, 14,415 people lost their lives represented homicides. While African Americans in approximately 13% of the US population 2016, victims nationwide. leading cause of death for black men and boys aged 15-34 in 2016; it was the second-leading cause of death for Latino men and boys in the same age range. men and boys aged between 15 and 34 were victims of firearm homicide; 20 times more likely to die from firearm homicide than white men and boys of the same age group Another son, Carlos Phillips, aged 26, was shot dead aged 26, was shot Carlos Phillips, Another son, 2007. apartment in November in his own 2001, Phyllis Gray’s in February earlier, Fifteen years Phillips, had been killed. son, Samuel 23-year-old from a federal prison to He had just been transferred D.C., and facility in Washington, a parole preparation outside. was shot in the street aged 21, a key witness in the Demetrius Phillips, was alleged killer, prosecution of his brother’s in November 2003, shortly himself shot and killed scheduled to go to trial. before the case was impact Firearm homicides disproportionately African American and Latino communities, and complex particularly young black men. A long

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136 , had been ter

135 According to court documents, the 16-year- 134 SHIRLEY CHAMBERS PHYLLIS GRAY PHYLLIS GRAY when unknown assailants opened fire on a block party in southeast D.C. on 17 September 2016. At the time of writing, the case remained unsolved. In Washington, D.C., Phyllis Phillips Gray also lost In Washington, four children to gun violence. Scorpio Phillips, aged 31, was one of two men killed old shooter bought the .25 caliber handgun the day before the shooting; Marshall and Chambers were affiliated with rival street gangs, and had fought earlier in the week. Five years before that, on 28 November 1995, Five years before that, on 28 November twice Carlos Chambers had been shot 18-year-old from their in the head by a classmate just blocks South school, Jones Metropolitan High, in Chicago’s Loop. Housing complex on 26 July 2000. Three months Housing complex on 26 July 2000. Three sis on 27 April, his 15-year-old earlier, rise building standing in the lobby of a Cabrini high boy. when she was shot and killed by a 13-year-old member who had been in and out of jail but was now member who had been in and out of jail them away mentoring young rappers, trying to keep from gang life. shot and killed Jerome Chambers, aged 23, had been while using a payphone outside the Cabrini-Green Ronnie Chambers, a 33-year-old aspiring music 33-year-old Ronnie Chambers, a sitting in was shot in the head while producer, of Chicago on 26 Side West a parked car on the a few weeks January 2013. On a television talk show he had explained that he was a former gang earlier, VIOLENCE ON COMMUNITIES OF COLOR VIOLENCE ON lost all of her four children to Shirley Chambers has gun violence in Chicago. 3.1 URBAN GUN VIOLENCE GUN 3.1 URBAN OF GUN IMPACT DISPARATE 3.1.1: THE 44 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE impact onblackcommunities. lack ofregulationfirearms intheUSAandits African Descenthasexpressed concernoverthe The UNWorking GroupofExpertsonPeople human rights. legal obligationtorespect,protectandfulfillthese explicitly protecttheserights.Itthereforehasa The USAratifiedtheICCPRandICERD,which discrimination andtoequalprotectionofthelaw. right tolife,securityofperson,freedomfrom about theprotectionofhumanrightsincluding communities ofcolorraisesseriousconcerns The disparateimpactofgunviolenceon taken place. law enforcementinsolvinghomicidesthathave communities maybereluctanttocooperatewith of color. Thelackoftrustalsomeansthat between lawenforcementandcommunities are allfactorswhichcontributetoalackoftrust racial profilingandlowhomicideclearancerates justice system.Excessiveuseofforcebypolice, color impactedbygunviolenceisthecriminal Another criticalfactoratplayincommunitiesof opportunity. unable tothrive,resultinginlackofeconomic safe routestoschool;andleavelocalbusinesses leave childrenwithoutsafespacesforplayoreven accessing criticalhealthcareandotherservices; of communitylife;itcanpreventpeoplefrom firearm violencehasanimpactonallaspects (see Chapter4:GunshotSurvivors).Persistent anxiety, depressionandpost-traumaticstress from shortandlong-termhealthissuesincluding the lossoflife,manyareleftinjuredorsuffering gun violenceremainsprevalent.Inadditionto networks andservicesthatcanprovidestability, youth mentorshipprograms,andothersupport funded andresourcedviolencereduction investment inat-riskcommunities,adequately generational impacts.Intheabsenceofjobs, to addressinstitutionalracismanditsmulti- 146 TheUNHuman insecurity, payingparticularattentiontothe disadvantages thathaveledtothischronic the multiple,reinforcinginteractionsand the governmentshouldtailorpoliciestotackle For theUSAtomeetitshumanrightsobligations, law. life andtonon-discriminationunderinternational gun violenceconstitutesaviolationoftherightsto noted thattheUSgovernment’s failuretocurb racial andethnicminorities. injuries intheUSAanddisparateimpacton increasing numbersofgun-relateddeathsand compliance. their mostrecentreportsonUShumanrights both highlightedtheissueofgunviolencein Elimination ofAllFormsRacialDiscrimination Rights Committeeandtheon opportunity andaccesstoservices andwhere whose neighborhoodsfrequently lackeconomic are largelypopulatedbyminority communities impact offirearmhomicides.Urbancenters the USA,whichcontributestodisparate history ofdisadvantageandmarginalizationin Communities ofcolorhavealongandcomplex RACISM FAILURE TOADDRESSSYSTEMIC/INSTITUTIONAL rights obligations. The USAiscurrentlyfailingtomeetthesehuman are persistentlyhighlevelsoffirearmsviolence. reduction programsincommunitieswherethere government implementsevidence-basedviolence self-defense. Furthermore,itiscriticalthatthe people’s professedneedtopossessfirearmsfor law enforcementagencies,therebyreducing human rights-compliantpolicingandaccountable to ensurepublicsafetysupportedbyeffective, violence incommunitiesbytakingmeasures to reducepersistentlyhighlevelsoffirearm combating discrimination.Itmustalsowork specific needsofthesecommunities,including 149 147 Theyremainconcernedatthe 148 Bothcommittees AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 45

160 161 The historical This reality 164 Black men are 162 159 The rate of gun-related 157

Moreover, African American men African Moreover, Access to housing and access to Access to housing 156 Within the city of New Orleans, Within 163 155 158 population. and boys aged 15-34 made up over half of the victims although they account for homicide city’s population. just 4% of the city’s context of communities of color and their 100,000, compared with 43 per 100,000 for 100,000, compared with 43 per 100,000 black men. even higher the rate of gun violence per capita is – 149 per 100,000 in 2017. violence. disproportionately impacted by this regulation In Illinois, despite fairly strong firearm of gun- policies, Chicago experiences high rates 762 related deaths. In 2016, Chicago recorded firearm. homicides, 90% of which involved a capita in In 2017, the rate of gun violence per Chicago was 131 per 100,000. of constant firearm violence primarily impacts those living in low-income minority communities. According to a study conducted through the University of Chicago, African Americans accounted for about a third of Chicago’s population, but almost 80% of homicide victims in both 2015 and 2016. Hispanics accounted for 16% of the homicide victims during these same years despite representing 29% of the city’s in 2016 (the most recent year for which data for which data (the most recent year in 2016 of African Americans about 22% was available), living below the of Hispanics were and 19.4% 8.8% of white compared with poverty line, Americans. the factors that contribute education are among in income and wealth between to huge disparities African Americans and Latino white Americans, communities. took a deeper look at these Amnesty International ravaged by high levels issues in two communities – New Orleans (Louisiana) of firearm homicide the third and Chicago (Illinois). Louisiana has country, highest rate of gun homicide in the of color, which disproportionately affects people particularly men. is four per homicides for white men in Louisiana

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152 The USA 154 At the same time, firearm

151 153 spectrum of rights. According to a study that analyzed data from the US Census Bureau Historical Poverty Tables, actors and that it takes measures to remedy the legacy of discrimination and ensure that rights are enjoyed equally by everyone. This includes actively prioritizing marginalized communities in order to remove obstacles to their realizing the full violations but at patterns of violations embedded in specific socio-economic realities. has a duty to ensure that it does not discriminate on any of the grounds protected by international discrimination by non-state that it prevents law, for those traumatized by the effects of firearm for those traumatized by the effects family and violence on themselves, their friends, wider community. requires a The full enjoyment of all human rights holistic approach which looks not just at individual psychological and physical care and proper follow psychological and physical care and range from up to address these issues. This could for those long-term medical and financial support caused with physical and psychological disabilities of counseling by firearm violence, to the provision violence also causes a range of health problems violence also causes a range of health increasing throughout the affected community, services. the burden on under-resourced partners Victims of firearm violence and their to adequate and wider families often lack access In terms of ESC rights, patterns of persistent In terms of ESC rights, both inhibit access to basic firearm violence can housing and education, services, such as health, those and entrench deprivation, which degrades services over time. violence, high unemployment rates for young violence, high unemployment increasingly have criminal men of color (who them from obtaining lawful records that prevent contribute to individuals turning employment) may to criminal activity. young people feel the need to protect themselves to protect themselves feel the need young people violence, lack of a firearm due to by carrying of gangs. and the presence police protection involve gang all firearm homicides While not 46 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Katrina ravagedtheregion. in itseducationsystemsince 2005whenHurricane found thatNewOrleanshasachieved improvements the restructuringofcity’s schoolsystemandhave communities inNewOrleans.Somereportspraise based schoolscontinuetoaffectdisadvantaged and resources,theeradicationofcommunity- Access toeducation,allocationofeducationfunds compared toabout9%ofthecity’s whitechildren. Nearly halfofthecity’s blackchildrenliveinpoverty, was 34%,comparedwith13%forwhiteresidents. the povertyrateforAfricanAmericansinNewOrleans Bureau’s 2012-2016AmericanCommunitySurvey, African American. In NewOrleansabout60%ofthepopulationis NEW ORLEANS specific needsofthesecommunities. insecurity, payingparticularattentiontothe and disadvantagesthathaveledtothischronic to tacklethemultiple,reinforcinginteractions and localgovernmentsshouldtailorpolicies of firearmviolenceintheUSA,federal,state As partofthestrategytoaddresshighlevels issues withintheircommunity. levels ofpovertyandothereconomicsocial African Americangangs,despiteshowingsimilar violence thathasoccurredbetweenthelargely therefore notexperiencedthesamestreet-to-street Chicago, thegangsarenotasfracturedandhave Latino gangsandassociatedviolenceexistsin communities betweenblacksandwhites. mixed betweenthetwo,oftenlivingin“buffer” of thenorth;whileLatinosaresomewhatmore west sidesofthecity, andwhitescomprisingmost majority ofneighborhoodsinthesouthandfar with AfricanAmericansmakingupthevast historically beenandremainlargelysegregated, of Chicago,blackandwhitecommunitieshave way theyareimpactedbygunviolence.Inthecity existence andstructurewithinthecityshapes 167 AccordingtotheUSCensus 170 Otherscriticizethe 166

165 While 169 168

according tothemostrecentdataavailable. is morethandoublethatofwhiteresidents(4%) At 9%,theblackunemploymentrateincity impacted. communities ofcolorastheyareoftenthemost due topoorperformancehavenegativelyaffected disadvantaged areas. have alsoimpactedstudentsfromlow-income in alackofinvestmentat-riskneighborhoods, eradication ofcommunity-basedschoolsresulting provide servicesforstudentswithdisabilitiesandthe declining fundingforschoolresources,failureto school programs. that couldbedirectedtowardteachingandother commutes andutilizingfundsfortransportation off poor-performing sites,resultingintwo-hour fact thatmanychildrenarebeingbusedtofar- communities inNewOrleans havelessaccessto or reduceneededtreatment. AfricanAmerican and medicalservices,leading manypeopletodelay pocket paymentsbytheindividual) forprescriptions insurance plansthatrequirehighco-pays(out-of- qualify forMedicaidmayremainuninsuredorhave less thanUS$16,000ayear. than US$34,000ayearorindividualswhoearn with disabilities,andfamiliesoffourwhoearnless elderly peoplewhoarepoor, aswellsomepeople Medicaid coverspregnantwomen,childrenand Poverty alsoaffectsaccesstoqualityhealthcare. between blackandwhitecommunities. in citieswiththelargestincomeinequalityrates contribute toNewOrleansrankingthirdnationwide with pastfelonyconvictions. and lackofaccesstoemploymentforindividuals it difficultforworkerstosupporttheirfamilies, the laborpool,jobspayingminimumwagemaking and whiteresidents,includingskillsavailablein employment andincomebetweenAfricanAmerican Numerous factorscontributetodisparitiesin the whitefamilymedianincomeofUS$66,500. Orleans isestimatedatUS$25,600,lessthanhalf median incomeforAfricanAmericanfamiliesinNew 173 171 Issueswithteacherretention, 172 Further, schoolclosures 176 178 Allofthesefactors Thosewhodonot 177

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The 175

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 47 In 2013, the 188 Black students 189 187 Both African American 190

191 194 Lack of investment in historically in historically Lack of investment Recent data from the US Census 186 193 In addition to lack of access to services 192 be uninsured as both African American and white residents due to issues such as citizenship and types of employment. white or Latino students. that and Latino students tend to attend schools half of are segregated by race; in 2015, about at least all schools had a student body that was schools are 85% black or 85% Latino. Struggling and overwhelmingly located in African American Latino communities. Closures and limitations in state and municipal at risk of gun funding mean that many of those most health care violence do not have access to adequate facilities. facilities, particularly mental health care predominantly white and Residents of Chicago’s affluent North Side, for example, have around 10 times as many health care provider options in or near their homes as residents of the South and West Sides. due to location, lack of health insurance coverage is an issue. American Community Survey indicates that Bureau’s Latino Chicagoans are more than twice as likely to Moreover, jobs are concentrated in the North Chicago in the North jobs are concentrated Moreover, relies on access to those opportunities area and on the South and which is limited mass transit, Sides. West Latino communities leaves segregated black and consistent income source. High households with no further compound the problem, rates of violent crime out potential businesses and as the violence drives opportunities for employment. failing schools contribute to School closures and by failing to educate and low rates of employment the workforce. prepare students for 49 public Chicago Board of Education voted to close students, schools across Chicago, impacting 30,000 over 80% of whom were black. are less likely to have access to a neighborhood than either school with advanced academic courses

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179 The 180 Many of those Chicago Tribune 184

185

183 Editorial Board, 181 Latino workers, a third of black workers, and a sixth of white workers do not earn a living wage of at least US$15 an hour in Chicago. the same age group were unemployed, and about 24% of all white 20-24-year-olds. who are working have minimum wage jobs that are unlikely to be enough to sustain a household or provide adequate benefits. In fact, about half of unemployment or underemployment than the white residents of Chicago. Among young African American adults, aged 20- 24, about 51% of men and 43% of women were unemployed in 2016. About 35% of all Latinos in The vast majority of gun crime is concentrated The vast majority of gun crime is concentrated Sides of Chicago, home in the South and West Latino to predominantly African American and of poverty and communities which have higher rates in the Loop and elsewhere in metropolitan Chicago. in the Loop and elsewhere in metropolitan many young people have inadequate job training Too and…nothing to do.” “In Chicago, the job situation in hollowed-out West West “In Chicago, the job situation in hollowed-out Manufacturers and South side neighborhoods is dire. restaurant left long ago. There are few retail and miles away jobs. All the economic activity is located poorest zip code have a life expectancy that is a poorest zip code have than the residents of the city’s full 25 years lower wealthiest zip code. CHICAGO American Community Survey indicates that 12% of American Community in New Orleans are uninsured, African Americans of the white population. compared to 8.3% inequality is illustrated by a stark impact of health that residents in the city’s 2012 study which found quality health care than white communities in that communities in that care than white quality health services available very few health care there are people in the city. and low-income for uninsured US Census Bureau available from the Recent data 48 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE the majoritywhitepopulation. which isperceivedhistorically tosupportprimarily racial/ethnic minoritiestowards lawenforcement underrepresented groups,such aswomenand Chicago, includinghighlevelsofmistrustamong exceptionally lowclearanceratesincitiessuchas Experts pointtoseveralreasonsforthe white victimswasaround22%. victim wasblack,whiletheequivalentfigurefor of theoffenderin40%homicideswhere that policewerenotabletoidentifykeytraits FBI’s expandedhomicidedatafrom2014revealed homicide ratesacrosstheUSA.Ananalysisof significant disparitieswithinthe“uncleared” In 2016,theBrennanCenterforJusticeidentified for whichcompletedatahasbeenreleased. man (clearancerate26.2%)in2016,thelastyear (clearance rate38.2%)thanthemurderofablack solve themurderofanon-AfricanAmericanman in NewOrleansweresignificantlymorelikelyto a publicrecordsrequestdemonstratedthatpolice New OrleansPoliceDepartment(NOPD)through the victim. clearance ratesarecorrelatedwiththeethnicityof of murdersmoreeffectivelythanothersandthat Evidence showsthatpolicesolvecertainkinds with thepolice. no faithinthesystemandsodonotcooperate Disputes aresettledonthestreet.Witnesses have harshest onwomenandthemorevulnerable. law withlocalsystemsofjustice,whichareoften victimizes thecommunity, replacingtheruleof Impunity hasbroadercorrosiveeffects.It not deterredfromengaginginfurtherviolence. a cultureofimpunityinwhichperpetratorsare community. Lackofaccountabilityhelpscreate who areresponsibleforhomicideswithinthe violence isthefailuretoholdaccountablethose Another factorthatdrivesandperpetuatesgun COMMUNITY MISTRUST 3.1.2 UNSOLVED HOMICIDESAND 195 Forexample,dataacquiredfromthe 198 197 Inaddition,

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within thoseareastherearepeopleandnetworks in urbanareasofextremedeprivation,buteven violence. Gunhomicidestendtobeconcentrated criminal activities,isoneofthekeydriversgun ready tobeusedindisputeresolutionaswell Easy accesstofirearms,withgunsalwaysathand 3.1.3 EASYACCESSTOFIREARMS with thepoliceinfightingcrime. levels ofcompliancewiththelawandcooperation reduces communityrespectandleadstolower law enforcementtoprotectat-riskneighborhoods studies confirmthatalackoffaithintheability forward. culture andpeoplefearretaliationiftheycome most murderstakeplaceamida“nosnitch” government’s Survey ofInmatesinStateand market andtraffickingoperations. theft offirearmsalsofacilitates theillegal The failuretorequirereporting ofthelossor illegal market. with thefirearmspurchasedthenflooding check. Strawpurchasesareoftenmadeinbulk, them toanotherpersonwhocouldnotpassthe licensed dealerswiththeintentionoftransferring a backgroundcheckandpurchasefirearmsfrom purchaser” –someonewhocansuccessfullypass checks, under federallawarenotsubjecttobackground be purchasedthroughprivatepartysales,which still getholdofthem(seeChapter5).Gunscan prohibited bylawfrompossessingfirearmscan There arewaysinwhicheventhosewho of theneighborhood’s population. around asocialnetworkcontaininglessthan4% neighborhood, 41%ofgunhomicidesoccurred incidents. who areimplicatedinthemajorityofgunviolence particularly highriskofengaginginviolence,and gang orothercriminalactivity–whoareat – usuallyknowntothepoliceandengagedin 199 203 201 With respecttopolicingspecifically, orobtainedthrougha“straw Ina2014studyofoneChicago 200 202 204

TheUS AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 49

211

210 have failed to gain the trust and cooperation of they cannot solve crimes, further the community, reinforcing the cycle of impunity and denying justice to the families of the victims. member. member. and Most gang killings remain unsolved for the unprosecuted, resulting in impunity gun perpetrators and feeding the cycle of detectives violence. The Pendleton case, as police of themselves emphasized in their interrogation for the one of the suspects, was a top priority did result Chicago Police Department (CPD), and of in the unusually rapid arrest and arraignment even though additional two suspects. However, the police resources were devoted to resolving killing case, the difficulties inherent in gang prosecutions have meant that the shooter and his accomplice were not convicted until August 2018, death. five years after Hadiya’s Where justice for killings is either denied or long-delayed, retaliation killings are common and perpetrators feel secure and unassailable. fear even talking to the police, much Witnesses Where the police less coming forward to testify. day… We ain’t got no choice if we out there getting no choice if we out ain’t got day… We day.” killed every case illustrates many of the The Hadiya Pendleton issues underlying gang-related key human rights and his accomplice were gun crime. The shooter access to a gun and both were teenagers, had easy for gun-related offences. The already on probation shot were within a few blocks children who were yet apparently “should have of their high school, would not be safe in Harsh known” that they at a specific Park. The shooting was not targeted killing individual, but was meant to be a revenge he had for a gang dispute; the shooter claimed the police “no choice” but to retaliate because of a gang would not have investigated the killing

, then 207 Hadiya 206 Ward

208 and they know 209 ms were found drove past Harsh

205 l Ward and Kenneth Willia l Ward i a later told police: “Nobody...expected that girl later told police: “Nobody...expected he s - cause Kenny used to go to King HADIYA PENDLETON HADIYA murder my man cold-blooded. Police said [expletive] us in our face… So how we – what we supposed to do about that? And they come through killin’ us every they ain’t supposed to be in that park.” Both men were on probation for gun crime convictions at the time of the killing. 18, told police he wanted to retaliate for the killing of faction: “They a friend by a member of the 4-6 Terror Ward Ward didn’t even know she was to die, none of that… We even from King [a local school] cause we’re – King kid Pendleton was an honors student and drum majorette Pendleton was an honors student and Obama’s who had just performed at President Barack headlines. inauguration. The killing made national Mic guilty of first-degree murder in August 2018. faction. They saw a group of teenagers gathered faction. They saw a group of teenagers of the sheltering from the rain. One under a canopy, left the car and opened fire, men, Micheail Ward, Hadiya Pendleton and wounding killing 15-year-old identity, two others. It was a case of mistaken none of the victims were gang members. On 29 January 2013, two members of the SUWU On 29 January 2013, two members of faction of the Gangster Disciples Terror Park, Chicago, a hangout of the rival 4-6 or friends (37%) or at a gun show or flea market or friends (37%) or (less than 2%). 3.1.4. GANGS AND GUN VIOLENCE through a retail store or pawn shop where the through a retail store been required to undergo a purchaser would have The remainder obtained their background check. other means that would not have firearms through check, such as from family required a background Federal Correctional Facilities found that among found that among Facilities Federal Correctional a they committed had a gun when inmates who firearm from an illegal obtained their crime, 40% their firearm nearly 10% obtained source while 50 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE occurs, theterm“gang-related” hasatendency areas, wheremoststreet-level gangviolence a hugerangeofgroupsand associations.Inurban Such abroadandelasticdescription couldcover perceived interestsagainstrivals.” a particulararea,or“itmaysimplydefendits organizing structureandexercisecontrolover further itscriminalobjectives”.Itmayhavean activity andituses“violenceorintimidationto The purposeofagangistoengageincriminal color ofclothing,hairstyle,handsignorgraffiti.” symbol, tattooorotherphysicalmarking,style use “acommonname,slogan,identifyingsign, an atmosphereoffearorintimidation”andmay who adoptagroupidentityanduseitto“create is anassociationofthreeormoreindividuals According totheDepartmentofJustice,agang but norealconsensusaroundwhatitmeans. The term“gang”hasarangeofdefinitions, criminal organizationsforprofitandinfluence.” new alliancesandcollaboratewithrivalgangs expand theirdrugdistributionterritories,form and ruralcommunitiesto“recruitnewmembers, have beenmovingincreasinglyinto and theiroutlyingsuburbs,althoughstreetgangs than 80%oftheirmembersfoundinlargecities Street gangsareoverwhelminglyurban,withmore concentrations. up to90%inafewjurisdictionswithhighgang crime inmostjurisdictionsthecountryand responsible foranaverageof48%violentstreet the NationalGangIntelligenceCenter, gangswere responsible forurbangunviolence.Accordingto gangs arethegreatestthreatandlargely likewise increased. Criminal activityandtheassociatedviolencehas USA. with some1.4millionactivemembersinthe least 33,000street,prisonandmotorcyclegangs According totheFBI,in2015therewereat WHAT ISAGANG? 212 Gangsaregrowinginnumberandscope. 214

213 Neighborhood-basedstreet 216 suburban

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agents inMarch2017becausehisnamewas by ImmigrationandCustomsEnforcement(ICE) example, Wilmer Catalan-Ramirezwasdetained no mechanismforremoval. they liveandwhoknow, andgenerallyprovide because ofuncorroboratedintelligence,where include individualssuspectedofganginvolvement databases heldbylawenforcementagenciescan increasingly raciallyandethnicallymixed. gang membersarewhite,andgangstendtobe identify themselvesindicatethatabout25%of white, whilestudiesbasedonhowparticipants members areLatino,35%blackand12% law enforcementreportsthatabout46%ofgang stereotypes focusonblackandLatinoyouth; also concernsthatgangdatabasesand to bebroadlyappliedguncrimes.Thereare other and“respect”.Infact, gettingrespector A keyissueforgangmembers isloyaltytoone they liveandwhoknow. to bepartofaparticulargangbecausewhere And somepeopledon’tjoinatallbutareassumed recruited byoldersiblings,relatives,orfriends. programs, nosaferecreationalspaces.Someare is nothingelsetodo–nojobs,after-school to engageincrime,orsometimesbecausethere for statusorprotection,tointimidateothers wide. Adolescentboys,andsomegirls,joingangs focus –aterritorysometimesonlyfewblocks the police.Thegangusuallyhasageographic difficult relationshipbetweenthecommunityand and incarceration,wherethereisoftena rates ofunemployment,violence,drugaddiction poorly resourcedschoolsandhospitalshigh largely inareasofconcentrateddisadvantage,with What isclearthaturbanstreetgangsarise January 2018. He waseventuallyreleasedfromICEcustodyin record toclarifythathewasnotagangmember. the cityagreedinDecember2017tochangeits has nocriminalrecordand,followingalawsuit, in thegangdatabasecompiledbyCPD.He 219

218 InChicago,for 217 Gang AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 51

225 230 District, it rose NOLA), which fell The FBI reported th 227

Violence still erupts over tiny 224. In the city’s 6 In the city’s

226 leans, Louisiana ( 229 228 large alliances, the “Folk Nation” and the the “Folk Nation” large alliances, even within the alliance. There are an estimated even within the alliance. There are an half in three 100,000 gang members, more than Kings and gangs: the Gangster Disciples, Latin Black P Stones. long-standing patches of turf, minor disputes and of a structure feuds. Cliques seldom have enough violence is to negotiate or enforce a truce, so the often ended only by attrition. 4,000 that the 762 homicides and more than “primarily shootings in Chicago in 2016 were gang-related”. NEW ORLEANS In New Orleans, where there is not such a long street gangs history of organized gang activity, are still a key driver of gun violence. The murder rate in New Or back slightly in 2017, remains one of the highest in the country. drove the separation of the Chicago-based gangs Chicago-based gangs separation of the drove the into two “People Nation”. gangs were intensively targeted In the mid-1990s, in cities like Chicago and federal prosecutors the leadership and fractured the removed much of most powerful gangs. At the organization of the demolished its largest public same time, the city dispersing thousands of families housing projects, throughout the city; these two and gang members traditional centralized gangs. events fragmented Book, According to the 2018 Chicago Gang but more Chicago now has 59 active street gangs, or factions. than 2,000 semi-autonomous cliques Folk or Most still identify notionally as either rivalries People, but are prone to disputes and again in 2018, which police Commander Ronnie Stevens linked to “an uptick in gang activity”. Both community workers and police told Amnesty International that gangs in NOLA, with a few exceptions, used to be loosely structured and police say neighborhood-based. More recently, they believe that more organized factions are Any 220 During the 1980s, the In New Orleans, a former 223 221 222

opportunities, creating an environment in which gangs flourished, gaining unprecedented power over the next 20 years. large gang population in state and federal prisons and complex history. A 2007 report by the Justice and complex history. Policy Institute described how the introduction of segregated low-income housing in the 1960s and 1970s cut off black and Latino communities schools and good job from better-resourced around me.” CHICAGO Gangs and gang violence in Chicago have a long I rather do three years in the penitentiary than I rather do three years in the penitentiary life in the cemetery.” “I wasn’t drug dealer told Amnesty International: on me thugging so much that I needed a gun all the time, but I always had a couple stashed part of daily life. “Birdman”, a Gangster Disciple part of daily life. “Birdman”, a Gangster 13 times, in Chicago who had recently been shot like putting your clothes on…that explained: “it’s your belt on. gun go on your hip like you putting the police. The last thing you do is worry about have to steal to support their habit – including have to steal to support their habit – exchanging by stealing or using guns, or even by for them for drugs while dealers need them protection. essential In these circumstances, guns are an gang structure or hierarchy. to the drug economy Street gangs are integral between gangs. Gun crime which drives gun crime in which also drives other parts of the drug trade, Addicts generally guns are a kind of currency. a threat to the gang, and calls for a show of a threat to the gang, Respect and status are deadly force in response. respect”, usually intertwined, so “demanding violence, often means through gun-enforced and greater authority in the gaining credibility recognition has repeatedly been cited as one of been cited as one has repeatedly recognition for gang membership. the key reasons can simply include disrespect – which display of a rival – counts as the territory of coming onto 52 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE where themurder rateincreasedby58% in2016 been theproliferationofsocial media.InChicago, 2017 (whentherewasaslight reduction)has urban areasoverthefiveyears between2012and shootings inChicago,New Orleans andother One ofthekeyelementsinrisegang-related GUN VIOLENCEANDSOCIALMEDIA mainstream life.” dope markets,outofthesegangs,andbacktoa gun availability. You havetogetkidsoutofthese failed tocontrolviolentcrime, explains, “wefailedtocontrolthedrugmarkets, and ganglife. educational andvocationalalternativestodrug targeting thehighestriskyouth,andproviding breaking downitsgangcultureshouldbeginwith New Orleans,haslongheldthatthecity’s focuson Dr. PeterScharf,anexpertoncriminaljusticein rally uptheirkillcount.” wrong time.Iknewkidswhousedtocompete a girl,orovernothingatall.Thenjustwrongplace territory, whatever. Thenit’s beef:overdrugs, “The killingismostlyoverdrugs…Dealgonebad, A formerdrugdealertoldAmnestyInternational: federal lawenforcement. and CorruptOrganizations)chargesbylocal indicted ondrugandRICO(RacketeerInfluenced detained (alongwithatotalof15guns)and instance, ninemembersof“DBlock”gangwere city’s record-highviolence.InMay2018,for dealing andthedrugtradedrivesmuchof beginning tocontrolmuchofthecity’s drug 233 “We’ve failedourkids,”he 234 232 231 as akindofpromotionalplatform.Somehave initially tofacilitatedrugdealing,butincreasingly Gangs wereenthusiasticadoptersofsocialmedia, be theresultofit.” that rivalwillgotolocation,andgunplay each other’s locations.Andwhentheydothat, and disrespecteachother, andalotoftimesgive with aweapon…Sothey’llgetonsocialmedia go straighttoafirearmandtheyresolvedisputes gang fightswerecommon.Now, hesaid,“theyjust Chicago. Thirtyyearsago,hesaid,“manoamano” his ownexperienceofpolicinggangviolencein In aMay2017interview, Johnsonrecounted street gangculture. believes thatsocialmediahasalteredChicago alone, PoliceSuperintendentEddieJohnson 2014, aftera friendwasapparentlykilled inan Retaliation didnotevenhave tobedirect.InApril as togoadandthreatenher rivals. anger whenfriendswerekilled orinjured,aswell 17. Sheusedtweetstoexpress herowngriefand killer whowasherselfshotdeadattheageof of GakirahBarnes,agangmemberandalleged article for fuel andescalategangviolenceinChicago.Inan social media,particularlyTwitter, hasbeenusedto School ofSocialWork hasbeenstudyingtheway Dr. DesmondPattonofColumbiaUniversity’s 18-month truceresulted. on socialmediatauntsandexchanges.An Gangster Disciples,heinsistedonamoratorium between factionsoftheBlackDisciplesand Chicago pastorCoreyBrooksbrokeredatruce rival gangsignsorsymbols.In2016,when walking throughrivalterritoryor“disrespecting” members ofothergangs,orlivestreamthemselves videos focusedaroundprovokingorthreatening their adversaries.Someproduceelaboratedrillrap business, aswelltauntsandbarbsaimedat themselves, theirlocalcommunityandthedrug they postmessages,photosandvideosrelatedto and membershaveindividualaccountswhere websites, fanfollowingsandFacebookpages The Trace 235 , hechartedtheTwitter profile 236 237 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 53 The

241 Accountability Task Force released a report Accountability Task which found that there was a “widely held belief the police have no regard for the sanctity of life when it comes to people of color.” that the community had Force also found Task reached “a breaking point with the entire local the capacity and willingness to proactively the capacity and willingness to proactively the address and prevent gang violence and ensuring misuse of firearms, while building trust, and providing transparency and accountability, programs enhanced community-informed support refuge from for at-risk youth and adults seeking Gang- the violence in their neighborhoods. requiring the related violence is a major problem issues, which solution of long, complex structural Amnesty may differ from place to place. While which the International suggests a few ways in gang USA could take steps to reduce gun-related is beyond violence, a deeper analysis of this issue the scope of this report, but warrants further research. POLICING Many minority communities do not feel that the police are committed to protecting their In 2016, the Chicago Police safety and security. them out on Twitter, and everyone sees it and you sees it and you and everyone on Twitter, them out you have a gun in have to do it. And know you you use that gun, cause and you wanna your hand, got a gun too.” know he PREVENTING AND REDUCINGGANGS AND GUNS: GANG VIOLENCE GUN-RELATED their members – armed or Where gangs operate, to firearms – are responsible with ready access violence affecting the for much of the gun extent girls, Boys, and to a lesser community. – often join local gangs for their own protection of confidence another sign of the widespread lack safety. in the ability of the state to ensure their must have Law enforcement and city officials

Late in the afternoon of 11 Late in the afternoon 239 240 238 becoming entrenched in everyday urban street life. “Used to be when a kid said he was gonna fight you after school, you said ‘yeah, bring it’. By the end of the day you forgot. But now you call insult and shootout. In New Orleans, a youth worker explained that disrespect the social media culture of tit-for-tat and retaliation went beyond gangs and was fast the consequences or to attempt de-escalation. everyone can watch and even join And on Twitter, in, making any “disrespect” public and hard to ignore. When the protagonists have, as one federal agent put it, a “gun in one hand, a smartphone in can be a very short time between there the other,” unfold knows that arguments carried out via 140 unfold knows that arguments carried escalate. (or even 280) characters invariably opportunity Social media provides the means and in the to respond to any slight or insult instantly, to consider heat of the moment, without pausing Anyone who has ever watched a Twitter spat Anyone who has ever watched a Twitter apparently posted that morning, she had written: apparently posted that morning, she “In da end we DIE.” April 2014, Gakirah Barnes and two friends were April 2014, Gakirah on their Eberhart Avenue, walking down South near her home, when she was way to a barbeque Her two shot nine times; she died an hour later. In a tweet companions suffered minor injuries. been responsible for the killing: “Da Oppz [the been responsible for take u but … bro ima Fuck opposition] didn’t Her rivals duly responded, Ova da Oppz fo u.” “come on our block suckas daring her crew to we want dis shit.” encounter with police, Gakirah Barnes posted a Barnes posted with police, Gakirah encounter Shortly afterwards, mourning his death. message to go after gang promising another, she posted they had not even though rivals in retaliation, 54 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE system thatisfailing.” from gettingintoganglife,weareperpetuatinga again, ifwedon’tdosomethingtopreventourkids where we’regoingoutarrestingpeopleoverand “If weonlylookatcrimethepointofarrests, need apathoutofthelife.” violence. Theyhaveguns,theyusethem. gratification, sotheinstantsolutionisoften many examplesofwaysout,andtheywantinstant multi-generational, isakeyissue.Kidsdon’thave at therootofviolence.Poverty, sometimes to helpresolvethesocialandeconomicissues more prosecution,weneedcommunityprograms not goingtosolvethiswithmorepolicingand prong approach:“Therearedifferentdrivers,we’re his cityhashadthebestresultswithamulti- face. NewOrleansDeputyChiefPaulNoelbelieves The policearewellawareofthechallengesthey confidence inthepolice. with thepolice,gangsgetstronger, furthereroding And wherepeoplearetoofrightenedtocooperate witnesses fromcooperatingwiththepolice. evidence –andagangculturethatdiscourages high rateofgunhomicides–whichleaveless CPD pointedoutthatthecityhasanexceptionally rate of34%,a5%improvementon2017.The committed inpreviousyears,giveaclearance which includemurderclearancesfrommurders year, a5%dropon2016.TheCPD’s ownfigures, than oneinfiveofthemurderscommittedthat had hitanewlowinclearancerates,solvingfewer Figures from2017appearedtoshowthattheCPD failed to“makeaccountabilityacorevalue”. population), andpartlybecausethepolicehad Americans makeuplessthan32%ofthecity’s street wereAfricanAmerican,although month period,72%ofthepeoplestoppedin of latentandovertracism(overonethree- law enforcementinfrastructure”partlybecause - GlenBrooks,thePoliceDepartment’s areacoordinator for ChicagoAlternativePolicing Strategy. 244 243 242

245 was releasedinSeptember2013. his partinthekilling. Rodriguez wassentencedto40yearsinprisonfor o g an intersection.Rodriguezandthethreeothermen, them were fromari got intoafightwithtwoyoungmenwhotheythought his carwith O OPPORTUNITIES EXPANDING EMPLOYMENT residents with trainingandeducationto help them Employment ResourceCenter whichprovideslocal St SabinaChurchonChicago’s South Siderunsan why therecidivismrateissohigh.” is thestreets,youareforcedbackoutintoit,that “If youdon’thaveajobandsupportallknow newly released. his understandingofthechallengesfacedbythose build uptheirrésumés.Hesaysheismotivatedby them setgoalsforthemselves,stayemployed,and individuals Today, Rodriguezcounselsother and theSaferFoundation. Thought andAction(COTA), aprogramwiththecity and eventuallystartedworkingwiththeCouncilof responsible jobs,receivedadditionaltraining, S dress andpresenthimself.Withthesupportof resume, howtobehaveinaninterviewand for ajobreadinessclass Safer Foundationthroughafriendandsignedup of hiscriminalrecord.HelearnedaboutChicago’s warehouse buthewasunabletokeepitbecause his familyhelpedhimfindatemporaryjobat Victor RodrigueztoldAmnestyInternationalthat SAFER FOUNDATION, CHICAGO VICTOR RODRIGUEZ ne ofthevictimswasfatallyshotinback.Victor ot outofthecarandattackedstoppedvehicle n 24September1993,VictorRodriguez afer . Thetwo Foundation, hefoundaseriesofincreasingly atanAdultTransition Center. He helps t hree val gang,whowereinthecarbehind tried todriveoffbutwerecaughtat other membersof

He servedhalfofthistime , learninghowtodrafta justice-involved 247 a gang. wasdriving 246 They and ; AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 55

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255 consequences of further violence” and a “genuine offer of help for those who want it”. are effectively invited to choose between putting down their guns and receiving concentrated support with education, mental health and social services and job training; or rejecting the program and being subjected to the equally concentrated Congress for over a decade. VIOLENCE PREVENTION AND INTERVENTION STRATEGIES addressing Examples of successful strategies for and gun and gang violence include the Chicago 3.1.5). Boston Ceasefire programs (see Section Another model that has focused specifically which on gang violence is Project Longevity, and has originated in New Haven, Connecticut, since spread to Hartford and Bridgeport. Project Longevity targets the relatively small number of people who account for the majority of gun violence. The potential participants are invited to a “call-in”, a meeting with law enforcement, social service providers and community members, key components: a who explain the program’s “credible law enforcement message about the inadequate at all levels – federal, state and at all levels – federal, inadequate local. level at the federal been opportunities There have that would fund evidence- to pass legislation to address gun and based programs designed young people, but Congress gang violence among provide the support and has failed to act to develop these programs. The funding needed to Opportunities, Prison Reduction through Youth Support and Education Mentoring, Intervention, implement the PROMISE Act), would Act (Youth approach to youth violence most comprehensive funding intervention and prevention and provide juvenile for evidence-based practices that address This bi-partisan piece justice and criminal activity. in 2007 of legislation was first introduced back languishing in and at the time of writing had been The and 249 252 The city In 2013,

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248 but there are still twice as 253 underfunding of school programs to be a barrier support to reducing youth gang involvement. Yet for programs aimed at preventing or reducing gun violence has been both inconsistent and increased the available places in its summer youth employment program to 25,000 by 2016 32,000 in 2018, many applicants as opportunities. The National Council for Crime Prevention found second group did not. For the group that secured jobs, there was a 43% reduction in violent crime arrests over a period of 16 months. the program received 67,000 applications for 20,000 employment opportunities. conducted a study on the impact of summer conducted a study on the impact of two groups jobs on arrests for violent crime with group of local high school students. The first the One secured part-time summer jobs through Summer Chicago Plus internship program. violence and would help the state curb persistently violence and would help the state curb high levels of firearm violence in impacted communities. Pennsylvania In 2011 and 2012, the University of Lab and the University of Chicago Crime and employment readiness programs, which and employment readiness programs, gang offer support and opportunities for former criminal members and those at risk of joining senior high gangs including students in junior and gun school, is a critical step towards reducing come into this church, he wants to quit the gang come into this church, a job. If you really want to life, but he can’t get of violence, the best way to stop this epidemic stop a bullet is with a job.” job skills State, local and federal support for two are closely related. “Look around,” he told two are closely related. “There is double-digit Amnesty International. schools, recidivism; we are unemployment, poor of hopelessness and then creating communities with guns… I had a young man infiltrating them gain financial literacy and stable employment. stable employment. literacy and gain financial gun buy-back also runs an anonymous The church who has been Father Michael Pfleger, program. years, believes the priest for over 40 the parish 56 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE opportunities. and preventionmodelsjobplacement and comprehensiveyouth-centeredtreatment and offeralternatives,community-basedpolicing and interventionprogramstointerruptviolence in servicesforat-riskcommunities,initiatives authorities focusedresourcesonaddressinggaps people andcommunitiesiffederal,statelocal gun violencecouldimpactsubstantiallyfewer The evidenceclearlyshowsthatgang-related comprehensive, tailoredprogram. issues thatmustbeaddressedindevelopinga every cityandcommunityfacesitsownunderlying their approachesarenotone-size-fitsallandthat David KennedyandGarySlutkin,emphasizethat numerous violenceinterventionmodels,including makes theprogrameffective.Architectsof sustain thetrustbetweenparticipantsthat term, reliableengagementinordertobuildand Initiatives likeProjectLongevityrequirelong- reducing gunviolence. that supportsfocuseddeterrenceapproachesto findings arepartofagrowingbodyresearch the reductionofgangviolenceincity. community policingreformshascontributedto implementation ofProjectLongevityandthe A studybyYale Universityconfirmedthatthe fatal shootings,thelowestnumberfordecades. fell from34to20 program, thenumberofhomicidesinNewHaven By 2013,alittlemorethanyearintothe police accountability. measures –likeuseofbodycamerastoimprove community, increasedinformationsharingand includes dailymeetingswithmembersofthe intensive communitypolicinginitiativethat agencies. Theprogramoperatesalongsidean attention oflocalandfederallawenforcement 261 andby2017therewerefive 260

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most remainundetected. every year, thoughthetruenumberisfarhigheras 50,000 crimegunsaredivertedacrossstatelines Chapter 5).Federaldatashowsthatatleast traffickers; andbulkpurchasesoffirearms(see licensed dealerswhosellgunsoffthebooksto transfers viastrawpurchasers;theftoffirearms; through privatesellerswithoutbackgroundchecks; firearm traffickingoccursare:salesmadebyand market. Themostcommonchannelsbywhich the legalcommercestreamandintoillegal trafficking isthedeviationoffirearmsout used bygangs,haveoftenbeentrafficked.Gun violent crimesacrosstheUSA,includingthose in reducinggangviolence.Firearmsused Reducing accesstofirearmsisakeyelement GANGS ANDTRAFFICKEDWEAPONS state andfederallevel. ongoing challengestolawenforcement atthecity, states andusedingang-related violencepresent state. laws, about75%ofcrimegunscamefromout New Jersey, whichhavesimilarlyrestrictivegun coming fromnearbyIndiana. first purchasedoutsideIllinois,withalmost20% 2013, 60%ofthecrimegunsrecoveredwere In Chicagoforexample,between2009and were purchasedfromfederallylicenseddealers. originated fromoutsidethestateandveryfew indicate thatmostgunsusedinviolentcrime where gunlawsarefairlystringent,tracestudies In urbanareaslikeNewYork andChicago, guns. in theselection,acquisition,anduse and potentialtraffickersidentifyingpatterns chain, helpingtoidentifybothcriminalsuspects manufacturer orimporterthroughthedistribution 2017 alone.Afirearmcanbetrackedfromits of crimegunseveryyear, including408,000in Explosives (ATF) traceshundredsofthousands The BureauofAlcohol,Tobacco, Firearmsand 266 269

Gunspurchasedortraffickedfromother 265 268 InNewYork and of crime 267

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277 Implementing 278 Between October 2016 and February 2017, Amnesty International interviewed the Program Manager and the Director of Cure Violence in Chicago, the Program Director of Operation Ceasefire in Oakland, the creator of Operation Peacemaker/the Richmond Fellowship Model in alternatives to violence. Most importantly, they alternatives to violence. Most importantly, gun violence have been able to combat and reduce while simultaneously providing life-altering high-crime opportunities for individuals living in neighborhoods. It is critical that states and localities programs do so implementing violence intervention incarceration with an eye toward reducing rates of for communities of color. in evidence-based violence reduction programs high communities where there is a persistently level of firearm violence should include active engagement and partnership with all relevant stakeholders – such as local authorities, including those providing health and education services, law local businesses and enforcement, civil society, community leaders – regular evaluation of impact, and a commitment to consistent, stable funding for firearm violence reduction/prevention. challenges and gauging success. While the and gauging success. challenges group violence of evidence-based implementation gun violence models have decreased intervention New California; cities such as Oakland, in certain they York, New and New York, Haven, Connecticut; successful. In Baltimore, have not always been the implementation Maryland, for example, proved unsuccessful in of Ceasefire in 2014, The failures were attributed reducing gun violence. resources for program to a lack of adequate turnover and tensions between participants, staff enforcement officials. community and law group of By focusing efforts on a concentrated community perpetrators and victims – engaging and members, offering support, direct services for engaging mentorship to individuals at high-risk provided in gun violence – several cities have

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271 It should 276 firearms Department Similarly, theft Similarly, These thefts are 273 274 (For further information on 275 a high or moderate level of a high or moderate undreds of thousands of privately h Superintendent Eddie Johnson, Chicago Police Superintendent Eddie In Chicago, a national hub for railroads, In Chicago, a national hub for railroads, 272 be noted that greater research and more detailed evaluations of existing group-violence intervention models are critical in assessing potential and prevention programs are being implemented in communities across the USA, particularly in urban areas where they have proved vital, when effectively implemented, in decreasing rates of firearm-related violence and homicides. 3.1.5 COMMUNITY-BASED 3.1.5 COMMUNITY-BASED INTERVENTION STRATEGIES Successful evidence-based violence intervention facilitated by a failure to mandate secure storage facilitated by a failure to mandate secure dealers law, of firearms by dealers. Under federal theft reduction are not required to have security or measures in place. gun trafficking, see Section 5.4.) trains at rest in freight yards. continues from federally licensed firearms dealers to increase. In 2017, more than 8,100 than double were stolen from gun dealers, more the number stolen in 2013. owned guns are stolen every year, mostly from owned guns are stolen every year, thefts private homes, but the number of firearms since from cars has been steadily increasing 2014. from cargo hundreds of guns have been stolen trafficking. According to the 2015 National Gang trafficking. According report, there was in weapons trafficking in street gang involvement more than half of the reporting jurisdictions. In addition, nature and they come back here and sell them to the nature and they come gangs.” are often involved in firearm Gangs themselves “We border Indiana and Wisconsin, which have and Wisconsin, which border Indiana “We that people from know gun laws. We really lax fill up gym bags with across the border, Chicago go and things of that from gun shows illegal weapons 58 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • gun violence. are reportedtohavebeeneffectiveincountering The followingareexamplesofsomestrategiesthat reductions infirearmviolence. the affectedcommunitiescanachievesustained cultural contextsandworkinginpartnershipwith tailored towardsspecificsocial,economicand adequately funded,evidence-basedprojects, neighborhoods. Researchindicatesthatlong-term, – oftenyoungmalesgrowingupindeprivedurban perpetrating andbeingvictimsoffirearmviolence should befocusedonthoseatmostriskof community isacomplexproblem. Tackling entrenchedfirearmviolenceinthe community.” common goalandclearrole.We needtoinvolvethe “Quality partnershipsmatter. We needpartnerswitha implementation oftheprograms. themselves, areinvolvedinthedevelopmentand been perpetratorsand/orvictimsofgunviolence impacted communities,manyofwhomhave initiatives aremosteffectivewhenmembersfrom participants indicatedthatviolencereduction interrupters, programmanagers,directorsand advocates, streetoutreachworkers,violence It isimportanttonotethatthesecommunity former participantfromCeasefireNewOrleans. in Oakland,andastreetoutreachworker Oakland, aViolenceInterrupterfromYouth Alive Reygan E.Harmon,CeasefireProgramDirector, Oakland enforcement, directserviceproviders andothers work withcommunitymembers, localofficials,law with theNationalNetworkfor Safe Communities Operation Ceasefireandother programsaffiliated decreased itsyouthmurderrateby61%. implementation oftheprogram,cityBoston National NetworkforSafeCommunities.Through criminologist DavidKennedy, whonowleadsthe This problem-orientedstrategywascreatedby Violence InterventionModel Operation Ceasefire,FocusedDeterrenceGroup

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279 280 • be implementedbycitiesthatdesperatelyneed increased thefundingrequiredforprogramto highest ratingforeffectiveness, Institute ofJusticegaveOperationCeasefireits action. TheUSDepartmentofJusticeNational in gun-relatedviolencewillbemetwithswiftlegal violence aremadeawarethatfutureinvolvement program ornottorefrainfromengagingingun Individuals whochoosenottoparticipateinthe related activity. to thosewhoagreenotengageinfurthergun- offering OperationCeasefirebenefitsandprograms participants aboutgunviolenceanditsimpact, providers andlawenforcementofficialsspeakwith members, victimsofgunviolence,directservice person meetings.Duringthemeetings,community then invitetoscheduled“call-ins,”whicharein- risk ofbeinginvolvedingunviolence,whomthey to identifyasmallgroupofindividualsmostat The programhasbeencriticized forfailingto individuals seekinganalternative toviolence. gun violenceperpetratorsthemselves, andfor both forthe“violenceinterrupters”, oftenformer The programoffersrehabilitationopportunities (October 2012-September2013). Chicago overthecourseofevaluationperiod shootings indistrictsservedbytheprogram reduction inhomicidesanda19%decrease study oftheprogram’s efficacyindicateda31% violent cyclesproactively. Themostrecent2014 is spreadfrompersontoandinterrupting like anepidemic,byfocusingonthewayviolence diseases, theprogramaimstotreatgunviolence Gary Slutkin,aphysicianwhostudiedinfectious framework toassessgunviolence.CreatedbyDr. The CureViolencemodelutilizesapublichealth approach togunviolence: The CureViolencepublichealth police isalreadystrained. in communitieswherecommunitytrustthe rehabilitation, andchallengeswithimplementation target individualsforarrestsratherthanfocusingon to targetindividuals,useofaggregateddata who citeitsuseofpolicedataandarrestrecords However, theprogramisnotwithoutitscritics, it. 285

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295 The program is now

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291 296 and has garnered national recognition 293 The design and implementation 297 success and growth of individuals, who in turn success and growth of individuals, who change the community. the being implemented in other areas through organization Advance Peace. independent from the Police Department, but works but works from the Police Department, independent initial phases with police in the collaboratively for targeted high-risk individuals of identifying support. outreach and participate are offered the Those who choose to in a fellowship program, opportunity to enroll which provides an Peacemaker, known as Operation strategy for connection intensive, comprehensive, treatment, counseling, with social services, development educational and professional incentives. training and financial successful in decreasing program has been very rates and shootings in gun violence, homicide Richmond for its unconventional approach to gun violence, individuals, providing holistic support for impacted offering financial stipends for individuals who reach benchmarks and achieve personal goals and investing in the short and long-term programs to target individuals most at-risk of being involved with gun violence could also be used by law enforcement officials to target these individuals through data-driven policing, for other types of law enforcement, including involvement in gangs. Despite the success and numerous available Despite the success and numerous available and models for these programs, lack of funding the kind lack of political will have prevented these of long-term consistent implementation the models programs need. Even in cases where community have drastically reduced gun violence, them, leaders face challenges in maintaining reversal of the sometimes leading to a devastating and a return to previous higher gains, program’s levels of gun violence. The USA has a duty to take positive action to address gun violence, especially where models exist that could reduce it while making a long- term and life-changing impact on marginalized individuals. Although widely supported, some advocates fear that data gathered through the

289 Proponents of the program Proponents 288

290 Richmond Fellowship model: This model, created by community activist and Boggan, involved the creation lawyer DeVone which is of the Office of Neighborhood Safety, group without intervention. Additionally, individuals group without intervention. Additionally, in the group without intervention were three times more likely to be arrested for violent crimes than those who had received hospital-based intervention services. involvement with the criminal justice system. One group received intervention services, the other did not. The study demonstrated that the group who received hospital-based intervention services was six times less likely to be hospitalized for a subsequent violent injury than those patients in the on such programs, the R Adams Cowley Shock on such programs, the R Adams Cowley Center in Baltimore, Maryland, carried Trauma 100 out a targeted study of two groups totaling Center between patients, admitted to the Trauma been 1999 and 2001, all of whom had previously hospitalized for a violent injury and had prior modifying their behaviors. With adequate support, modifying their behaviors. With these connection to direct services, and counseling, plan for patients leave the hospital with a tailored alternatives to gun violence. In one of the few control group studies conducted Hospital-based trauma/violence intervention patients This approach is based on the premise that admitted to the hospital for gunshot wounds, may particularly those who are repeat admissions, of be at high risk of being victims or perpetrators open to future gun violence and are likely to be Due to the Illinois state budget impasse and Due to the Illinois state budget was cut from freeze in 2014, Ceasefire’s million to US$1.9 million the allocated US$4.7 in 2015 – resulting in most of its operations effectively shutting down. workers, the effectiveness of the strategy and trust workers, the effectiveness by community. funding constraints, Cure Violence also experienced losing US$1,000,000 with the Chicago program City of Chicago in 2013. in funding from the provide information to law enforcement regarding to law enforcement provide information furthering police- and potentially investigations mistrust. community law enforcement the firewall between argue that critical to ensure the safety of and program staff is • • 60 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE not cooperate, orofferingnottopursuecharges to droptheminrivalgangterritory iftheydid solicit informationfromthem andthreatening up youngblackmenandboys, attemptingto by lawenforcementofficers, includingpicking also detailsrace-basedincidentsinpolicing against blacksthanwhites.” officers “useforcealmosttentimesmoreoften A 2017DoJevaluationoftheCPDfoundthat developments. and anearlyinterventionsystem,amongother peer interventionprogram,thefirstofitskind, of policeuseforce;andputtinginplacea on crisisinterventionandbetterdocumenting a communitypolicingprogram,increasingtraining issues previouslyidentifiedthroughimplementing supervision andtransparency;workedtoaddress to changesinrecruitmentandhiring,training, Decree andcourtoversightoftheNOPDhaveled While continuedreformsareneeded,theConsent uncovered throughtheDoJinvestigation. civil rightsthroughassortedpolicemisconduct use toreformpolicedepartmentsseenasviolating a ConsentDecree,tooltheDoJandcourts actions bytheNOPDledtoimplementationof policing. in apatternandpracticeofdiscriminatory US DepartmentofJustice(DoJ),tohaveengaged Katrina forexample,theNOPDwasfoundby In themonthsandyearsfollowingHurricane force bypolice. stopped, frisked,arrested,andsubjectedtouseof have alonghistoryofbeingdisproportionately USA, specificallyAfricanAmericansandLatinos, Research dataindicatesthatpeopleofcolorinthe RACE-BASED POLICING 3.1.6. FAILURE TOADDRESS due process. discrimination, therighttoprivacyand safeguards includingtherightfreedomfrom of theseprogramsmustincludehumanrights 299 TheDoJinvestigationintounlawful 301 298

302

Thereport 300

racial profilingbyafederal,state,local,ortribal the EndRacialProfilingAct,whichprohibits since 2001,however, theUSAhasfailedtopass Despite itsrepeatedintroductioninCongress do notbelievethepolicewillprotectthem. they carryfirearmsbecausefeelunsafeand where gunviolenceishigh,peopleoftensaythat themselves forpersonalsafety. Incommunities where individualsdonotfeelcompelledtoarm is thefirststepincreatinganenvironment restoring communitytrustinlawenforcement Eradicating race-basedpolicingpracticesand freedom”. a practiceknowninthecommunityas“gunsfor went outandbroughtgunsbacktotheofficers, against individualsforminoroffencesifthey of theprison population; whiteswereabout 64% Latinos were16%oftheUS populationand23% US populationand33%of theprisonpopulation; 2016, AfricanAmericansmade up13%ofthe population anddoublethe rate ofLatinos. rate aboutfivetimeshigherthanthatofthewhite African Americansareincarceratedatanoverall CONSEQUENCES 3.1.7 INCARCERATION: RATES AND among communitiesofcolor. helping torestoreconfidenceinlawenforcement policing bylawenforcement,isacriticalstepin key elementofbiasedtreatmentandrace-based Passage ofthelegislationwhichwouldaddressa mechanisms. through training,datacollectionandcomplaint and practicesthateliminateracialprofiling agencies arerequiredtoimplementpolicies action forenforcementandUSlaw Under thelegislation,DoJmaybringacivil or spontaneouslawenforcementdecision.” identity, orsexualorientationinmakingaroutine ethnicity, nationalorigin,religion,gender, gender practice ofrelyingonactualorperceivedrace, law enforcementagencyoragent,including,“the 303

306

307 304 305 In

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 61

324 319 As a result, many direct service 321 323 For example, while the Illinois state For example, while the Illinois state The SAFER Foundation of Chicago Foundation of The SAFER 320 SAFER Foundation’s Adult Transition Adult Transition SAFER Foundation’s 316 The foundation’s training programs have training programs The foundation’s

317 318 322 US population, are disproportionately impacted by the police using firearms. In 2017, 987 people were killed in confrontations with law enforcement officials, 223 (23%) were African American. US law enforcement officers operate within the reality that their next interaction with a ever-present inconsistent, sometimes leaving even successful inconsistent, sometimes leaving even under initiatives inadequately resourced and capacity. 2017, for the legislature passed a state budget in was operating with no Illinois three years prior, state budget. those and social services programs, including re- providing mental health care and prisoner close certain entry programs, had to downsize and sites. POLICE USE OF LETHAL FORCE While this report primarily focuses on gun violence by private individuals (non-state actors), it should be noted that nearly 1,000 individuals are also killed each year by law enforcement officials (state actors) with firearms. African Americans, who make up just 13% of the not have access to these programs, a difference a difference access to these programs, not have of 13%. in Illinois since providing these services has been 1972. residents to gain industry- Centers enabled 307 between 2013–2017. recognized credentials programs had a re-arrest Participants in these well below the national rate of rate of about 10%, 40%. between 2013 and 2017, 74% served 307 clients with a nine percent of whom entered employment, 2015 and 2017. recidivism rate between Effective services that address challenges job like transition, re-entry post-incarceration, health readiness, job placement, and mental rely on can reduce gun violence, but programs that can be municipal, state and federal funding

311 In one 312

Lack of access 315 313

309 Many former offenders also have In 11 states at least one in 20 adult at least one in In 11 states 314 308

310 for prisoners found that those who participated in educational programs while incarcerated were 43% less likely to reoffend than those who did increasing the rates of recidivism. Access to services is an integral component to prevent recidivism, including for crimes linked to gun violence. A RAND Corporation report analyzing the impact of education and job skills programs to steady employment is one of the key predictors of recidivism. significant physical and mental health issues, which may go untreated due to lack of health care coverage and access to health care, potentially employers to hire; most described finding work employers to hire; most described finding as “very difficult or nearly impossible.” nearly two thirds of ex-offenders surveyed study, five years were still unemployed or underemployed after being released from prison. earning between US$500 and US$15,000. series of legal People with criminal records face a on and practical barriers, including restrictions of training attaining professional licenses, lack of and support opportunities, and the reluctance reintegration extremely difficult. Jobs are reintegration extremely difficult. Jobs earning particularly hard to get and keep and study a living wage is challenging. A recent market found evaluating ex-offenders in the labor any that only 55% of ex-offenders had reported with 32% earnings in the first year of their release, and structural disadvantages that affect African and structural disadvantages they enter the criminal justice Americans before system. find Once released from prison, ex-offenders identified three major reasons for the disparity: identified three such as harsh sentences policies and practices, that disproportionately for drug-related crimes, implicit racial biases affect African Americans; affect decision-makers; and stereotypes that of the US population, and 30% of the prison 30% of the prison population, and of the US population. is in prison. black males by the Sentencing Project A study undertaken 62 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE use oflethalforceintheUnited States. Amnesty International’s report, international law. Formoredetailedinformation,see laws arecompatiblewiththeUSA’s obligationsunder by LawEnforcementOfficialstoensurethattheir Basic PrinciplesontheUseofForceandFirearms revise, orintroduce,lawsthatareinlinewiththeUN international lawandstandards.Allstatesshould states andWashington, D.C.failtocomplywith by lawenforcementofficialsandfoundthatall50 where theyexist–governingtheuseoflethalforce Amnesty InternationalreviewedUSstatelaws– in ordertoprotectlife.” firearms isjustifiedonlywhen“strictlyunavoidable death orseriousinjury. Theintentional lethaluseof themselves orothersagainsttheimminentthreatof as alastresortwhenstrictlynecessarytoprotect damage andinjury. Officersmayusefirearmsonly it isaimingtoprevent,anddesignedminimize must beproportionatetotheseriousnessofharm the legitimateobjectiveandthatamountofforce there arenoothermeansthatlikelytoachieve law enforcementofficersshouldonlyuseforcewhen International humanrightsstandardsprovidethat other formsofuseforce. establishing amorespecificsetofrulesthanfor must beregulatedbyspecificprovisionsofthelaw, However, anyuseofafirearmbylawenforcement reaching forafirearmevenifthesuspectisunarmed. unexpected movementcanbemistakenforsomeone for theworstwhenconfrontingasuspect.An population meansthatofficershavetobeprepared The pervasivenessoffirearmsamongthegeneral first fivemonthsof2018. agencies: 44wereshotdeadin2017,and28the more than18,000localandstatelawenforcement have beenshotandkilledacrosstheUSAits past decade,anaverageofabout50officersayear member ofthepublicmayinvolveafirearm.Over 326 325

Deadly Force:Police 327

A three-year-old girl’s fatherkepteightgunsathome. be filed. the magazine.Policereportedthatnochargeswould gun wentoff.Thewasloadedwitheightshellsin closet inhisparents’second-floorbedroomandthe was handlinghisfather’s 12-gaugeshotguninsidea enforcement, theboy, whohadbeenshotinthehead, while handlinghisfather’s shotgun.Accordingtolaw begin fourthgradeinthefall,shotandkilledhimself On 24July2018,aneight-year-old boy, scheduledto 3.2 CHILDREN more careless,suicidal,orviolent thanchildrenin nations. Thereisnoevidence thatU.S.childrenare of asuicidethanchildren comparabledeveloped firearm homicideandeight times morelikelytodie “U.S. Childrenare13timesmorelikelytodiefroma in theUSA. available, 1,637childrendiedfromgunviolence in fact2016,thelastyearforwhichdatais firearms. 5,790 childrenweretreatedforinjuriescausedby children werekilledbyfirearmsandanother during thistimeperiod,onaverage,nearly1,300 between 2002and2014. leading causeofdeathamongchildrenintheUSA to arecentstudy, firearminjurieswerethethird or violentacts,includinghomicide.According unintentional oraccidentalincidents,self-harm homes, neighborhoodsandschools,through Guns impactchildrenallacrosstheUSAintheir herself inthehead.Shediedinstantly. picked upasemi-automaticGlockpistolandshot and childrenreturnedhome,thethree-yearoldgirl them allawaybeforegoingtowork.Whenhiswife On 9February2015hecleanedthembutdidnotput EIGHT-YEAR-OLD KILLED,MAINE THREE-YEAR-OLD KILLED, LOUISIANA THREE-YEAR-OLD KILLED,LOUISIANA 328 331

Thesenumbershavenotgonedown; 332 330 Thestudyfoundthat 329 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 63

However, However, In the 341 investigative 343 342 This means that in This means special safeguards and special safeguards 338 New York Times New York protect them from gun violence, protect them from This chapter looks at how the USA This chapter looks A 2013 the USA should recognize the particular the USA should recognize 340 344 339 14-YEAR-OLD GIRL, NEW ORLEANS, LOUISIANA first six months of 2018, there were at least 88 unintentional shootings by children. this data may fail to capture the full extent of the problem. report found that unintentional shootings DEATHS AND SUICIDES OF CHILDREN AND DEATHS semi- boy bought a 9mm, In July 2017, a 15-year-old Orleans; automatic handgun on the street in New after a local he reportedly said it was for protection He was at “beef” had left him fearing for his life. when he younger sister, home with his 14-year-old behind the accidentally fired the gun, hitting her She was rushed to hospital, where she died ear. The boy was charged with negligent in surgery. firearm, and homicide and juvenile possession of a He said: “I miss taken to a juvenile detention center. my little That’s her a lot. I’m gonna always miss her. stop missing her.” I’m not gonna sister. Data from the Centers for Disease Control (CDC) indicates that more than 1,200 children died in unintentional shootings between 2004 and 2016; over half were under the age of 15. not ratified the CRC, it still has an obligation to has an obligation the CRC, it still not ratified defeat the object acts that would refrain from of this treaty. and purpose the ICCPR and its obligations under addition to of the Rights and Duties the American Declaration of Man, defined as those who vulnerabilities of children, provide “ are under 18, and care” in order to access to firearms and including by preventing interruption and diversion supporting violence programs. children from is failing to fulfill its duty to protect gun violence. UNINTENTIONAL 3.2.1 PREVENTABLE, 333

335 Reducing Gun and Analysis

In urban areas, children are at 337 334 336

Daniel Webster and Jon S. Vernick, Jon S. Vernick, and Daniel Webster Violence in America: Informing Policy with Evidence Violence in America: children’s rights. Although the USA is the only rights. children’s country in the world that has signed but has have the highest rates of gun death, including among children. In 1995 the USA signed the Convention on the Rights of the Child (CRC), a comprehensive international human rights agreement on laws and readily available (often unsupervised) firearms, make US children much more vulnerable to death through gun violence than children in this end, US other high-income countries. To states with the highest rates of gun ownership also discharged on a school campus in the USA as of discharged on a school campus in the August 2018. among The causes of gun deaths and injuries High rates children remain complex and diverse. of gun ownership, weak gun violence prevention account for most firearm deaths of children; account for most firearm deaths of African Americans children are disproportionately are also at impacted. Children all over the country Since, 2013, risk of gun violence in their schools. firearm being there have been 344 incidents of a suburban and rural areas are more likely to die suburban and rural areas are more likely carried through unintentional shootings or suicides out by firearm. homicides, higher risk of dying from gun-related and which which are more common in urban areas While guns affect all children and their While guns affect degree, factors such as communities to some gender impact the type of race, ethnicity and the rate at violence they experience as well as Children in which they experience gun violence. rates.” other high-income nations. Rather, what distinguishes what distinguishes nations. Rather, other high-income rest from children in the the United States children in simple, devastating world is the of the developed higher firearms – at far die – mostly by fact that they 64 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • • • • • shootings: children intheUSAwerekilledunintentional For example,InJanuary2018,atleastsix predictable regularityandallaroundthecountry. cannot beoverstated,andtheytakeplacewith The humancostoftheseunintentionalshootings shootings. data systemtoanalyzefatalunintentionalchild incorporated acomprehensive,uniformnational when itisaccidental. often listthecauseofdeathasahomicideeven from deathcertificatesandpolicereports,which records indicate”inpartbecausethedatacomes “occurred roughlytwiceasoftentheofficial hospital. Jersey. Theboywas pronounceddeadatanearby himself whilehisfamilyslept in JerseyCity, New pistol insideabedroomandaccidentally shot older sister’s apartmentfoundanunsecured9mm 28 January2018: himself inTexas City, Texas. grandmother’s bedroomandaccidentallyshot dead afterhefoundasmallhandguninhis 27 January2018: in FortWorth, Texas. shotgun anddiedaftershootinghimselfinthehead 24 January2018: local hospital,buttheboydiedfromhisinjuries. her 14-year-old brother. Themandrovehissontoa daughter unintentionallyfiredtheweapon,shooting While heansweredaphonecall,theman’s teenage a .22-caliberrevolverinCampbellsburg,Indiana. his twochildrenoutsidefortargetpracticewith 21 January2018: died fromherinjuries. Nebraska. Shewastransportedtoahospitalbut with herfatherandtwofamilyfriendsinGenoa, shot herselfwithagunwhileshewashunting 14 January2018: injuries. boy wasrushedtoahospitalbutdiedfromhis began handlingit,causingittodischarge.The Alabama, cameacrossaguninbedroom.He 1 January2018: 346 351

A seven-year-old boyinConcord, Athree-year-old boydiscovereda Afour-year-old boywasfound A A 13-year-old girlunintentionally A manwaspreparingtotake

345 six-year-old boystaying at an 349

347 No surveystodatehave

350

348 of thefirearmsusedinyouthsuicideattempts deaths in1999concludedthatmorethan75% An analysisofsuicidesandunintentionalfirearm themselves orothers.) firearms forindividualswhomaypresentariskto suicide, pleaseseeSection3.4onAccessto outcome inchildsuicide. lethal naturegreatlyincreasestheriskofafatal with adults,theavailabilityoffirearmsandtheir children diedbyfirearmsuicide. devastating lossoflife.In2016alone,633 Child suicidesbyfirearmalsoaccountfora survived. who wereunintentionallyoraccidentallyshotbut though theydonottakeintoaccountthechildren These casesaredevastatingandnumerous,even While federal law generallyprohibitsthe sale, with childrenandaccessto guns. research andeducationabout therisksassociated local governmentsmustfund andsupporttargeted concerning accesstofirearms. Federal,stateand and imposeliabilityforlackofparentaloversight mandate safeguardingofweaponsandammunition implementation ofgunsafetyprecautions, establish policiesandlawswhichrequirethe by firearmscanbeprevented.TheUSAmust Both unintentionalshootingsandsuicides unlocked. homes wherefirearmsarestoredloadedand that anestimated4.6millionchildrenlivein number, butasurveyreleasedin2018concluded unloaded. third storedallhouseholdfirearmslockedand a sampleofp Academy ofPediatrics Shockingly, astudypublishedby loaded. in householdswheregunsareunlockedand of firearm-relatedsuicidesincreasesubstantially friends. from thehomeofvictimorvictim’s family/ and unintentionalfirearminjurieswereobtained 355 354 357 356 Numerousstudiesindicatethattherisk

Itisimpossibletoknowtheexact arents whoownedguns,onlyone in2018foundthatwithin 353 (Formoreonfirearm 352 American Asisthecase AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 65 The 364

363 Despite this evidence that CAP 365 their families through common sense measures including safe storage. A study published in 2003 laws reduce the number of unintentional or self- laws reduce the number of unintentional 23 US inflicted gunshot deaths among children, laws. states have failed to enact any such WITHOUT ANY CHILD ACCESS STATES PREVENTION LAWS Kansas, Alabama, Alaska, Arizona, Arkansas, Idaho, Nebraska, Louisiana, Maine, Michigan, Montana, North Dakota, Ohio, Oregon, New Mexico, New York, Pennsylvania, South Carolina, South Dakota, Virginia, Wyoming West Washington, Vermont, Gun safety counseling for parents, who are responsible for keeping firearms out of the hands so many firearm- of children, is also critical. With guns are a major threat related deaths and injury, to health and safety in the USA, and doctors are uniquely placed to advise their patients on how to reduce risk and prevent injury to themselves and Other states fall somewhere in between. Some in between. Some fall somewhere Other states where negligent liability only impose criminal others where in actual harm; storage resulted could be considered stored in a way that guns are or purposeful. reckless, deliberate research has not been carried Although significant studies published in 1997 out for several years, that CAP laws were and 2004 demonstrated child and youth suicides effective in reducing deaths caused by firearms. The and unintentional that in the 12 states where 1997 study found between 1990-1994, CAP laws were enacted for children under 15 years old, unintentional shooting deaths were reduced by 23%. associated 2004 study found that CAP laws were children with an 8.3% decrease in suicides for aged 14-17.

362 360 However, private However, 359 it does not impose any further impose any further it does not 358 The least stringent laws, for example 361 negligently (where a minor could gain access to them), regardless of whether the access actually occurs. those in Utah, only restrict a parent or guardian from knowingly providing a gun to a minor. owners are held accountable for the security of their weapons. State CAP laws vary but share some general characteristics. The most comprehensive and stringent laws, such as those in California, assign criminal liability when firearms are stored of unintentional child shootings could have been of unintentional child shootings could safeguarded avoided if the weapon used had been – locked or without ammunition. go one step Child Access Prevention (CAP) laws further by imposing criminal liability to ensure that ammunition stored in a locked location separate ammunition stored in a locked location from the firearm. These laws are imperative because safe storage saves lives. A nationwide deaths in study of over 100 unintentional firearm that 70% the USA between 2012 and 2013 found discharge by anyone but the authorized user, are user, discharge by anyone but the authorized also secure. from Safe storage laws work to protect children gun injuring themselves and others by requiring unloaded, and owners to keep guns locked up and easily attainable locking containers like gun safes easily attainable locking both of which require a key or through gun locks, which only the direct owner has or combination to access. Although not as common, personalized prevent smart guns, which use technology to importers, manufacturers and dealers of handguns importers, manufacturers “secure gun storage or are required to provide purchasers. safety devices” to sellers are not subject to sellers and unlicensed Guns can be secured through these restrictions. transfer, or delivery of a handgun and/or its handgun and/or or delivery of a transfer, in certain limited to a juvenile, except ammunition circumstances, although licensed on gun owners, obligations 66 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE laws. Scorecard”. 43rd outofall50states,inits“AnnualGunLaw awarded agrade“F”toLouisiana,rankingit for AmericanProgress. the weakestgunlawsin2015byCenter The statewaslistedamongthe10stateswith Louisiana hasveryweakfirearmregulations. 3.41 permillion. this isalmostthreetimesthenationalaverageof 9.42 incidentsperonemillionpeople.Shockingly, of accidentalshootingschildren,withatleast Louisiana hadthenation’s secondhighestrate 1 January2014and30June2017revealedthat parts ofthecountry. Ananalysisofdatabetween by unintentionalshootingsthanchildreninother are moresusceptibletoinjuryordeathcaused As partandparcelofthis,childreninLouisiana country between2010and2014. highest rateofchildfirearmmortalityinthe published in2017,Louisianahadthesecond- times thenationalaverage. gun accidentsbetween2005and2014wasfour double thenationalaverage. rate ofgundeathsamongallUSstates–almost From 2005to2014,Louisianahadthehighest CHILDREN INLOUISIANA UNINTENTIONAL SHOOTINGSINVOLVING storage ofweapons,citingprivacyconcerns. prevent doctorsfromaskingfamiliesaboutsafe advice model,somestateshaveattemptedto Despite indicationsofthesuccessthismedical store gunsunloaded,lockedandoutofreach. changes athome,withparentstwiceaslikelyto their familydoctorwentontomakekeysafety who weregivenadviceaboutsafegunstorageby Practice foundthatmostofthepatients(64%) in thejournalofAmericanBoardFamily 374 Louisianahasnostorageor CAP 372

373 GiffordsLawCenter 370 369 Accordingtoastudy Therateoffatal 371

367368 366

Shreveport, Louisiana that day. incident occurred.Shediedatthehospitallater location. Herfatherwasintheshowerwhen handgun, whichhadnotbeenstoredinasecure in thechestwhileplayingwithherfather’s On 21May2016,afive-year-old girlshotherself Laplace, Louisiana year. of achildintheNewOrleansareaalreadythat was atleastthethirdunintentionalfatalshooting the head.Theboydiedimmediately. Hisdeath and accidentallyshothisfive-year-old brotherin loaded handguninhismother’s bedroomcloset On 2August2016,anine-year-old boyfounda New Orleans,Louisiana firearm violence.Whether children arecaughtin Children intheUSAarenot immunefromcriminal violence St SabinaCommunityinChicagowhohavebeenkilledbygun Memorial tomorethan100childrenandyoungadultsofthe OF CRIMINALFIREARMVIOLENCE 3.2.2 CHILDRENASTHEVICTIMS pronounced deadshortlyafterwards. shot hisbrother, whowastakentothehospitalbut the six-year-old wasabletopickup thegun.He mother’s friendshadlefta.40-caliberpistolwhere brother wereplayinginahotelroom.Oneoftheir In 2015,afour-year-old boyandhissix-year-old 375 376

377

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388 386 392 Chicago - Victim’s sister - Victim’s On the morning 389 Police believe the shooting 391 showed that in 2017, 246 children under the showed that in 2017, The types of gun-related injuries doctors The types of gun-related injuries doctors One of the bullets struck the boy in the head. 387 390 15-YEAR-OLD LATINO BOY, GUN VIOLENCE VICTIM, BOY, 15-YEAR-OLD LATINO CHICAGO, ILLINOIS “They should be more careful with who they shoot “They should be more careful with who He was innocent. He didn’t do nothing not fair. at. It’s life not fair that they could just take his bad and it’s the heart to like that… I don’t know how people have kill people just like that.” Latino According to media reports, a 15-year-old money for boy was delivering newspapers to earn a birthday present for his sister. 17 December 2017, he and his mother’s of Sunday, their boyfriend were attacked. A white van rear-ended vehicle, flashed its lights, and then a man hanging out of the passenger window opened fire on the car. He was driven to a nearby gas station, where he was pronounced dead. could have been a case of mistaken identity and potentially a retaliatory shooting that went wrong. West Sides of the city, which are generally racially are generally which Sides of the city, West suffer the impacts and impoverished, segregated age and across all from an early of gun violence their lives. aspects of are killed each year in Chicago. Dozens of children others are hit by stray Many are directly targeted; Data tracked by the shots or ricochets. Tribune and 38 of these children died. age of 17 were shot in the South Side of Hospital At the Comer Children’s 17%-18% gun injuries represent Chicago, however, treated at the pediatric trauma of all injuries being unit. mental see vary but virtually all have a long-lasting impact on the children involved.

382 .

378

384 Chicago Tonight and 40% of 380 381 to news outlet

Nationwide, between 2% and 7% Nationwide, between Homicide is the second leading 385 379 383 than that of their white non-Hispanic

Children’s Hospital on Chicago’s South Side, speaking South Side, speaking Hospital on Chicago’s Children’s Dr. Mark Slidell, Director of Pediatric Trauma at Comer Mark Slidell, Director of Pediatric Trauma Dr. Children in Chicago, particularly on the South and counterparts. CHILDREN AS VICTIMS OF CRIMINAL FIREARM VIOLENCE IN CHICAGO were white. cause of death among black children and 65% of those killings are committed with guns. The firearm homicide rate among black male teens aged 13 to 17 in 2016 was over 16 times higher Most children who are victims of firearm homicide Most children who are victims of firearm of are from minority communities. In 2016, 513 (almost children who died in gun homicides, and 168 60%) were black, 152 were Hispanic by gun violence… The impact of gun violence on by gun violence… The impact of gun violence children is a serious public health problem.” that between 2009 and 2016, 25% of all mass that between 2009 and 2016, 25% shooting fatalities were children mass all fatalities in domestic violence-related shootings were children. many children have died or are traumatized “Too CDC, an average of 5,790 children a year are CDC, an average of rooms for injuries inflicted treated in emergency by firearms. centers of all injuries treated at pediatric trauma it has been found are gun related. Moreover, violence. In fact, most child firearm deaths are violence. In fact, most homicides. recent year for which data is In 2016, the most died in gun homicides. available, 862 children study by the according to a 2017 Additionally, the crossfire of rival groups engaged in criminal engaged in criminal of rival groups the crossfire of a domestic violence killed as part activity, children across shot by a classmate, incident or the victims of firearm are all too often the country 68 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE weren’t evenshootingatus.” is heartbreakingthatherlife wastakenandthey would havewanted.Shewas anangelonearth.It organs weredonatedbecause thatiswhatshe Naikeeia said:“Shehadaheartofgold.Takiya’s corner nearby. that thebulletswereintendedforsomekidson February 2017. soon afterdeclaredbraindead.Shediedon14 Takiya wastransportedtothehospitaland Takiya didnotmakeasound. through thebackwindowandhitTakiya, although believes thatthelastofthreetofivebulletscame right sideofherheadandwasn’tmoving. back ofthecarandsawthatTakiya hadbeenshotin Once theshootinghadstopped,Naikeeiawentto gunfire. Williams hadjustparkedthecarwhensheheard the SouthSideofChicago. and auntwaitingforhermother’s co-workeron Holmes wassittinginacarwithhermother, brother On Saturday, 11February2017,11-year-old Takiya Takiya Holmes,PhotoCredit:Familyphoto CHICAGO, ILLINOIS 12-YEAR-OLD GIRL,GUNVIOLENCEVICTIM, 395

399 398 Whenspeakingaboutherdaughter ItisNaikeeia’s understanding 394 HermotherNaikeeia 400 397

393 396 Naikeeia

that. Women andkidsweresafe.” killed herethananything.Itdidn’tusedtobelike violence isridiculous.Morewomenandkidsget the violenceinChicago,Naikeeiaresponded:“The the violentlossofhissister. will sufferlongtermeffectsfromtheshootingand son, justthreeyearsoldatthetimeofshooting, anxiety. from post-traumaticstressdisorder, depressionand Naikeeia hasreturnedtoworkbutcontinuessuffer trial. Holmes andisbeingheldwithoutbondpendinghis shooting, hasbeenchargedwiththemurderofTakiya The shooter, just19-years-oldatthetimeof the by membersofaganginthe neighborhood. the childwasneverinagang buthadbeenharassed the shootingwasgang-related.Familymemberssaid preceded theshootingandthatpolicebelieved day. to ComerChildren’s Hospitalbutdiedthefollowing and shothiminthestomachleg.Hewasrushed neighborhood whenanindividualapproachedhim boy wasstandingonthesidewalkinhisSouthSide On 5September2017,justafter5pm,a14-year-old 2017. was pronounceddeadfourdayslater, on14February vertebrae andcausingseverebraindamage. base ofherhead,tearingthroughuppermost West SideofChicago. else. ShewasrushedtoStrogerHospitalonthe she toowashitbyabulletintendedforsomeone shot, a12-year-old girlwasplayingbasketballwhen Less thanhalfanhourbeforeTakiya Holmeswas CHICAGO, ILLINOIS 14-YEAR-OLD BOY, GUNVIOLENCEVICTIM, CHICAGO, ILLINOIS 12-YEAR-OLD GIRL,GUNVIOLENCEVICTIM, 408 401 407

Reports indicatethattherewasafightwhich 402 Hergreatestfear, however, isthather 405 Thebullethadstruckthe 403 Whenaskedabout 404 409 406 She

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 69 According 417 According to Chicago 416

418 415 Passage routes. even if a child survives a gun-related Sadly, incident, long-term exposure to gun violence In an attempt to address the fears of parents and In an attempt to address the fears of parents a school from children who were forced to travel to the another, one gang-controlled neighborhood to Each school city implemented Safe Passage routes. 1,400 has tailored routes, patrolled by approximately been trained unarmed workers city wide who have from their to stand watch as students travel to and schools. to 14 By 2018, the Safe Passages had expanded of additional schools, bringing the total number schools served to 160. Public Schools, crime has reduced along dangerous routes by 32%, but issues still exist. as of to data collected by the Chicago Tribune, September 2017, only one shooting occurred on a Safe Passage route in the 2017-2018 school year, but 860 shootings took place during that same period during school hours in Chicago. Many of the shootings were adjacent to or near schools and Safe

414

This 410 411 Nearly 30,000 students, 412 The closures meant longer journeys 413 CHICAGO: SAFE PASSAGE ROUTES SAFE PASSAGE CHICAGO: teachers and community organizations, the Chicago Board of Education continued with the closures. Rights requesting an investigation to address the potential human rights violations that could result from the school closures, including the rights to non-discrimination, life, security of the person and education. Notwithstanding the concerns raised by human rights organizations, parents, students, and concern for the children and their parents. The school closures prompted the Midwest Coalition for Human Rights to make a submission to the Office of the UN High Commissioner for Human to school and, because of the prevalence of gangs to school and, because of the prevalence communities, and criminal activity in many of these as children this posed an increased risk of violence neighborhood had to travel from one gang-controlled stress to another and also resulted in increased fear, 49 public elementary schools in the city. school represented one of the largest wave of encompassing 10% of all closures in US history, public schools in the city. American, approximately 90% of whom were African were affected. Source: Getty Images (Safe Passage Worker at CPS) Source: Getty Images (Safe Passage Worker closure of In May 2013, Chicago announced the can lead to numerous developmental problems, If I could recommend one thing – we need to change including impairment of brain function, inability the way we live. People have a gun because they to focus, trouble following directions, difficulties need to feel protected… It is hard to find a job that retaining and utilizing memory and difficulties pays well here. We have more gun violence because engaging in organizational and decision-making people are just giving up. We feel like we can’t do tasks.419 Children raised in turbulent and violent anything about the violence. I want to live in a place climates, whether related to domestic violence, like Beverly Hills. People in Beverly Hills – they have physical abuse, or community violence, have been a better life than us – police will protect them. found to be more likely to engage in violence Amnesty International interview with 17-year-old African and anti-social behavior, including crime, drug American youth, New Orleans, Louisiana, February abuse, and domestic violence. They are also more 2017422 susceptible to a range of mental health issues such as anxiety, post-traumatic stress disorder and depression.420 If not adequately addressed, these Access to mental health care and counseling in issues often cause long term problems including schools is insufficient to address the short and performance issues at school, issues with finding long-term trauma suffered by children faced with and keeping a job, physical health problems, trust gun violence on a regular basis.423 In Chicago, issues in developing relationships, and violent and for example, local residents have repeatedly aggressive behavior.421 This means that untreated urged the city to do more to address the mental trauma further facilitates a cycle of violence that toll of gun violence on young people in the can have a multi-generational impact. city, particularly on the South and West Sides. Students and community members have asked 17-YEAR-OLD BOY, GUN VIOLENCE for increased mental health resources, more SURVIVOR, NEW ORLEANS, LOUISIANA counselors and social workers in each school, “I got shot when I was 15 over something stupid. I reopening of mental health clinics – like six of the was walking – me and my friend we were walking…a 12 city-run mental health clinics (mostly on the guy came out with a gun and started shooting at South and West Sides) that were closed in 2012 us. Everyone here has a gun. My friend had a gun, – and more funding for direct services/not-for- so he shot back a couple of times. The whole thing profit organizations that offer mental health care happened so fast and then we started running. And I treatment and programs to children and young looked down and I realized while I was running that people.424 I had been shot... The bullet had gone right through “By closing half of the city’s mental health centers my leg. Every day when I wake up I can’t forget that and 50 schools…the mayor has chipped away night. I think about it every day. While I was at the at these sources of resilience, making future hospital, detectives questioned me. No one at the generations more susceptible to PTSD [post- hospital gave me any information about support or traumatic stress disorder] and other mental what I could do next. I was in shock, but not scared. illnesses.” No police ever followed up with me after that night about the shooting. Jonathan Foiles, Mental Health Professional based in Chicago. 425 Being shot has impacted me because I feel like you have to be more careful. I worry about my brothers and sisters...

70 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 71 429 (For more information on gun 428 Joseph Warren Elementary School Joseph Warren skills.” The idea is that by telling their own stories,skills.” The idea is that by telling their emotionalyoung people develop the social and experiencesskills necessary to process their own ownwith violence and to understand their structuralexperiences in the context of broader inequalities. 3.1.) violence prevention programs see Section 3.2.3 GUN VIOLENCE IN SCHOOLS circumstances that foster childhood violence violence that foster childhood circumstances by law enforcement, efforts requires coordinated school officials, faith leaders, parents/guardians, and other adults. organization community-based of programs and initiatives There are examples treatment, support and that promote education, have been shown to offer rehabilitation that results for high-risk and violent effective long-term violence. youth involved in gun Squad, a 16-week, curriculum- For example, Story YMCA of Metropolitanbased program of the Safety and Violence Prevention Youth Chicago’s under) inprogram, serves young people (19 and highest neighborhoods with some of Chicago’s onrates of gun violence. The program focuses self- “developing self-reflection, critical thinking, production and storytelling and audio efficacy,

427 For example, young 426 Pam Bosley, whose son was shot and killed in Pam Bosley, Coordinator with Purpose Over Pain, Chicago 2006 and whose murder remains unsolved, and suggests that community-based, comprehensive and holistic partnerships can decrease gun violence and improve the lives of vulnerable and at-risk youth. Minimizing the causes and the counseling or support.” is not inevitable. Evidence gun violence Youth us like Sandy Hook – things would be different. When they brought lives were taken in that community, in counselors for a year to work with the kids – our Our community is not kids go through this every day. valued by America. They don’t feel like we are worth “You have to understand, our children are suffering. “You need social services and counseling for youth. We excel in this How can we expect them to survive and the school climate? When a child is killed – at most treated If they will bring in a counselor for one day. the community regard law enforcement and how the community regard law enforcement to protect their they feel that officers are not there that police safety and security in the same way (see protect more affluent, white neighborhoods Section 3.1). police is broken, crime is rampant and poverty is police is broken, crime is rampant and justice” prevalent, youth gun violence and “street are often the response. told AIUSA minorities in Chicago and Louisiana members of about the distrust with which many discriminatory policing, and desire for peer respect discriminatory policing, as involvement in criminal and approval, as well activities. and In areas where the trust between communities violence. The factors that contribute to a child violence. The factors varied and often poorly picking up a gun are in the context urban understood. However, violence can be associated communities, youth of need for protection, distrust with fear, discrimination and police due to entrenched 3.2.3 CHILDREN WHO COMMIT WHO 3.2.3 CHILDREN VIOLENCE FIREARM of firearm can also be the perpetrators Children 72 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE able tolegallypurchaseand possessanAR-15,the conducting aschoolshooting.” NikolasCruzwas social mediaposts,aswell thepotentialofhim desire tokillpeople,erratic behavior, anddisturbing on 5January2018,about“Cruz’s gunownership, law enforcementandaspecifictipsenttotheFBI FBI, numerouscomplaintshadbeenmadetolocal from theschoolyearbefore.Accordingto of violentanderraticbehavior, hadbeenexpelled Nikolas Cruz,whoreportedlyhadalonghistory with asemi-automaticrifleandopenedfire. Douglas HighSchool,inParkland,Florida,armed old formerstudent,walkedintoMarjory students, werekilledwhenNikolasCruz,a19-year- On 14February2018,17people,amongthem13 program; itenteredtheprograminJanuary2018. Elementary SchooldidnothaveaSafePassage offences. Atthetimeofshooting,JosephWarren and chargedwithattemptedmurderfirearms boys aged16and17weresubsequentlyarrested to avoidthewindows.An18-year-old manandtwo inside theschoolwheretheydroppedtofloor Teachers reportedlyusheredscreamingchildren leg, anda13-year-old girlwasshotinthehand. playground—a seven-year-old girlwasshotinthe schoolchildren werehitastheyranawaytowardthe and someoneinsidestartedshootingatthem.Two the schoolgroundswhenablackvehicledroveby media reports,someformerstudentswereoutside celebrate theendofschoolyear. According to School inChicago’s SouthSide heldapicnicto On 16June2017,theJosephWarren Elementary Police SuptEddieJohnson the-year picnicandtheyhavetogetshotat,”Chicago “This makesmesickthatkidsarehavinganend-of- CHICAGO, ILLINOIS JOSEPH WARREN ELEMENTARY SCHOOL, PARKLAND, FLORIDA MARJORY STONEMANDOUGLASHIGHSCHOOL, 430 S toneman 433

431 432

schools acrossthecountryduring2015-2016 1,576 reportedfirearmpossessionincidentsat to schoolareevenmorecommon.Therewere USA. incidents ofgunfireonschoolgroundsinthe Between 2013andJune2018,therewere316 First BaptistChurchinSutherlandSprings,Texas. concert inLasVegas, Nevada,andtheshootingat Route 91HarvestMusicFestival,anoutdoormusic months afterthemostdeadly, theshootingat in modernUShistoryanditoccurredlessthanfive School wasoneofthe10deadliestmassshootings The shootingatMarjoryStonemanDouglasHigh semi-automatic riflethatheusedintheshooting. 18% reductioninstudents reportingthreatsor in thenumberofstudents carrying gunsandan that CAPlawscontributed to a13%reduction Behavior Surveyfrom1993 to2013concluded Violence usingdatafromtheCDC’s Youth Risk A studybytheBradyCampaigntoPreventGun relative. of thestudentsgotgunsfromhomeora stated wheretheguncamefrom.Ofthose20,17 active shooter. Ofthose25cases,only20records involved teenagersoryoungerstudentsasthe there werethreeormorecasualties, 25cases from 1990throughtheParklandshootingwhere analysis showedthatofthe32schoolshootings used inschoolshootingscomefromhome. the Wall StreetJournalindicatedthatmostguns play aroleinschoolshootings.Arecentstudyby Not surprisingly, unsecuredfirearmsinthehome even morethanreportedincidents. on schoolgrounds,whichmaywellaccountfor include unreportedincidentsoffirearmpossession activities oreventswereinsessionanddoesnot possession duringschoolhoursorwhen However, thisonlytakesintoaccountfirearm Department ofEducationdataisavailable. school year, themostrecentyearforwhichUS 436 Incidentsofchildrenbringingguns 439 438

437 The

434 435 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 73

454 found

This does not In Chicago, a 450

449 452 448 Washington Post Washington

451 The impact of persistent gun violence 453 killing in their neighborhood had decreased performance levels, trouble focusing attention, and other difficulties compared to other students from the same area, but evaluated at different times. on students can be long lasting and severe. Gun violence in schools does not only affect the Gun violence in schools does not only shooter and victims, rather it has far-reaching schools in ripple effects. Students who attend to constant areas of high gun violence are subject to school fear and stress triggers: the journey in a state may be dangerous; students may arrive fortified or of anxiety at a school building that is it is not guarded, increasing the perception that Students in such surroundings a place of safety. experience lower graduation rates, increased test dropout rates and absences, and lower carried by a scores. The mere existence of a gun student creates a perception of danger and the need to protect oneself, even without any violence occurring. incidents of gunfire Like firearm violence generally, at schools occur most often at schools with a high proportion of students of color. city ravaged by gun violence for the past few years, children who were exposed to a recent intentional Eight states either authorize (or fail to prohibit) the (or fail to prohibit) either authorize Eight states with concealed firearms by individuals carrying of in K-12 schools. carry permits the A 2018 analysis by school shooting on that between the Columbine 23 March 2018, more than 20 April 1999 and from at least 193 primary or 187,000 students had experienced a shooting secondary schools school hours. on campus during shooting in Santa Fe High include the school in on 18 May 2018 Texas, School in Santa Fe, killed. It is not surprising which 10 people were place that with so many mass shootings taking adults rank school at schools around the country, concerns for violence and gun violence as their top the health of children in the USA.

446 Hawaii

Kansas allows 443 442 445

447 440 allows guns in K-12 schools (except for grade (K-12). th 444 441 vehicle and/or firearms utilized in conjunction with an vehicle and/or firearms utilized in conjunction approved school program or activity. The Gun-Free School Zones Act states that K-12 The Gun-Free School Zones Act states that schools shall be “gun-free zones”, with certain the law does not cover exceptions. Most notably, or carry individuals licensed by the state to possess a handgun. Other exceptions include exemptions a motor for unloaded and locked firearms stored in The Gun-Free Schools Act prohibits students in K-12 The Gun-Free Schools Act prohibits students Schools schools from bringing firearms to school. violate this must expel, track and report students who law. Arizona prohibits concealed carry firearms in public K-12 schools, but allows private schools to create their own policies on the matter. Forty of these states also prohibit concealed carry weapon permit holders from carrying firearms in middle and high school. elementary, individual schools to decide whether concealed carry permit holders can carry guns in the school. Forty-seven states and Washington DC have specific Forty-seven states and Washington laws prohibiting guns in K-12 schools. and Wyoming have no relevant statute and New Hampshire students who are prohibited under federal law). State laws • • Federal laws of firearms federal laws govern the presence Two kindergarten in US primary and secondary schools, through 12 method states are considering as a potential method states are shootings. deterrent to school FIREARMS ON SCHOOL REGULATING LAWS CAMPUSES injuries resulting from firearms on school grounds. on school grounds. from firearms injuries resulting students being also resulted in fewer CAP laws fears for their safety. school due to absent from is one of CAP laws the introduction Accordingly, 74 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE numbers of“trauma-informed schools”,which diagnosis andtreatment.Thereareincreasing and emphasizetheneedforunderstanding,early prevalence andconsequencesofchronictrauma campaign, aimtoraiseawarenessaboutthe Local initiatives,likethe“SadnotBad” confused, andpronetolashingout. conditions, leavingchildrenfrustrated,angry, discipline andpunishmentsexacerbatestress emotions, learningandmemory. Traditional school damage, especiallythoseregionsresponsiblefor the medical andmentalhealthexpertsinterviewedby physiological state.Theeffects,accordingto they nevergetachancetoreturnnormal state –duetochronicexposureviolence When childrenliveinaconstantfightorflight perceived threat. dangerous placeandarehyper-vigilant toany conditioned toviewtheworldasanexceptionally someone theyknowtomurder. Theyhavebeen and substanceabuse;morethanhalfhavelost witness shootings,assaults,domesticviolence violence rates. an areawithparticularlyhighpovertyandgun exposure toviolence,focusingonCentralCity, investigated theeffectsonchildrenofchronic The NewOrleans or communitymustalsobeapriority. been affectedbygunviolenceintheschool,home the needforsupportandcarethosewhohave to preventorreducegunviolencebeforeitoccurs, Therefore, whilethestate’s primarygoalshouldbe have trauma-relatedmentalhealthissues. children heldinstatejuveniledetentionfacilities and otheranti-socialbehavior–virtuallyallofthe school, andaremorelikelytoengageinviolence Children whoaretraumatizeddonotflourishat Times-Picayune 456 Children inCentralCityregularly Times-Picayune , cancauselong-termbrain recently 455

violence, familyviolenceanddatingviolence. on therootcausesofviolence,alternativesto offers asix-partanti-violencecurriculumfocusing children, targetingyouthinmiddleschool.It program continuestoaddressgunviolenceamong by locals.Theorganization’s flagshippeer-to-peer School, oftenreferredtoas“thekillingfields”, Program beganin1989atCastlemontHigh Oakland-based Youth Alive’s Teens onTarget in urgentneedoftreatmentandsupport. so arenotavailabletomanyofthechildrenmost grant-funded, notrunbythecityorstate,and in Louisiana. severe shortageofmentalhealthcareforchildren professionals wherepossible,althoughthereisa and defusingstress,workingwithmentalhealth follow policiesandpracticesaimedatrecognizing firearms bychildrenandyoungadults. continue toallowunsupervisedaccesscertain stands, federallawandthelawsinmoststates unlicensed entitiesorprivatepersons.Asit guns orlonggunammunitionacquiredthrough is nominimumageforthepossessionoflong anyone undertheageof18. federal lawprohibitspossessionofahandgunby and byprivateindividuals.Intermsofpossession, conducted byfederallylicenseddealers(FFLs) possession andgunsales,aswellbetweensales long guns(riflesandshotguns),betweengun Federal lawdistinguishesbetweenhandgunsand ACCESS TOGUNS 3.2.4 AGELIMITSAND to hundredsofmiddleschoolstudents. mentors andleaderstopresentthecurriculum to incorporatetheirownstoriesintoworkas Each year, 25high-schoolstudentsaretrained 457 Butsuchprogramsarelargely 459

However, there 460 458 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 75

. 473 In any age 472 463 Other shooting 474 18. Alaska does not require 471 475 Long guns (rifles and shotguns) Long guns or from selling FFLs are prohibited (or ammunition for delivering a long gun whom the a long gun) to any individual reasonable cause dealer “knows or has to believe” is under or persons are Unlicensed entities otherwise or permitted to sell, deliver, long gun transfer a long gun or of ammunition to an individual

465 464 .” 18 ranges set height requirements, for example allowing anyone over 48” in height to use both rifles and handguns, as long as accompanied by a parent or guardian. The minimum hunting age in the USA is decided The minimum hunting age in the USA The vast by individual states, not federal law. their majority of states make exceptions in if they are minimum age provisions for minors Idaho, engaged in hunting. For example, in the children are allowed to hunt under 10-year-old supervision of adults. of 15. a license for hunters under the age children are allowed to own a Arizona, 14-year-old shooting. gun if they are engaged in hunting or Many states do not impose any additional restrictions on the temporary transfer of firearms to minors for use in target practice or firearm safety training, other than those that exist under federal laws. These exceptions to the general rules for firearm possession by minors have made it possible, for instance, for some gun ranges to birthday parties. offer children’s 462 470 21. Minnesota 469 Of those that do have 466 (Federal law provides exceptions for the temporary (Federal law provides exceptions for the handgun transfer and possession of handguns and ammunition “in the course of employment,” ranching, farming, target practice, and hunting. age In these circumstances, there is no minimum restriction.) Handguns or delivering a from selling FFLs are prohibited for a handgun) to any handgun (or ammunition dealer has “reasonable cause individual whom the to believe” is under or persons are prohibited Unlicensed entities or otherwise transferring from selling, delivering, ammunition) to any a handgun (or handgun transferor “knows or has individual whom the believe” is under reasonable cause to 467 61 4 In Massachusetts the minimum age is 468 Unlicensed entities, e.g. private persons Federally licensed Federally licensed dealers (FFLs) over 16 do not need to obtain a certificate. required. 15, but parental consent is required at even lower, until the child reaches the age of 18. permits children as young as 14 to possess long guns with firearms safety certificates, but those the minimum age at which people are permitted to possess long guns. minimum age restrictions, several allow children as young as 14 or 16 to possess long guns. In Alaska, for example, the minimum age for possessing a long gun is 16 and no parental consent is “If dad wants to give his son a rifle or a shotgun on “If dad wants to give his son a rifle much free to pretty he’s his 13th or 14th birthday, do that in most states.” states do not have laws regulating Twenty-seven minimum age laws that limit the purchase of minimum age laws that limit the purchase not regulate firearms, the majority of states do a firearm. As the age at which a child can possess for Gun the director of the Johns Hopkins Center points out: Policy and Research, Daniel Webster, However, while many states have set their own However, FEDERAL LAW AGE REQUIREMENTS FOR SALES AND TRANSFERS FOR SALES AND AGE REQUIREMENTS LAW FEDERAL 76 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE this successful model,theUSAshouldconsider cases oftobacco useanddrunkdriving. youth inthepast,suchasfor exampleinthe successfully modifiedpatterns ofbehavioramong public awarenessandeducation campaignshave In additiontoresearch,studies illustratethat vulnerable victims,children,onitswebsite. firearm-death reduction,particularlyforthemost or posteventhemostbasicinformationabout, failed toinvestigate,documentandpublicize, in othercausesofchilddeaths,theCDChas resulted inmarkedimprovementsandreductions So, whilethepasttwodecadesofresearchhave for homicideinthehome. which foundthatgunownershipwasariskfactor firearms –afteraCDC-fundedstudywaspublished had beenallocatedforresearchintodeathsfrom from theCDC’s budget–preciselytheamountthat House ofRepresentativescutUS$2.6million concerns. or dedicatedresourcesasotherpublichealth these incidentswiththesamelevelofconcern agency orfederallyfundedresearchersinvestigate the dailylossoflifefromgun-relatedinjuries,no not receivethesamelevelofattention.Despite The deathsofchildrenkilledbyguns,however, do Consumer ProductSafetyCommission. teams ofresearcherswithintheCDCand domestic appliancesarestudiedbydedicated domestic furnitureandpotentiallydangerous the potentialdangersofitemssuchasunstable safety precautionsandtreatment.Forexample, awareness, education,preventionmeasures, strategies canbeimplementedtodeveloppublic the attentionandfocustheydeservesothat death amongchildrenacrossAmericareceive leading causesofaccidentalandconsumer root causesofchilddeathandinjury. The and resourcestodevelopresearcharoundthe The USAdevotesbillionsofdollarsinfunding PUBLIC HEALTH ISSUE CHILDREN: ANUNDER-RESEARCHED 3.2.5 GUNVIOLENCEAMONG 477 Thisisbecause20yearsago,the 478

476 480

Given 479 November 2017,buttheauthoritieswerenotableto had beengranted arestrainingorderagainsthimin Schuch, andthenkilledhimself. shot andkilledhisformergirlfriend,BethanyNoelle On 8March2018,inWest Linn, Oregon,DavidCote AND FIREARM 3.3 DOMESTICVIOLENCE research ongunviolenceintheUSA). (See Section5.8formoreinformationonlackof to unintentionalshootingsandfirearmsafety. awareness campaignsaroundchilddeathsdue creating andexpandingpubliceducation 2019. owning agun. Thelawcomes intoeffectinJanuary people convictedofmisdemeanor stalkingfrom against non-marriedintimatepartnersandblock ownership topeopleconvictedofdomesticviolence enacted abilltoexpand theprohibitionofgun the timeofshooting. convicted ofmisdemeanorstalkinginOregonat There wasnobaronfirearmpossessionforthose because itwassomethingIexpected.” was notsurprisedandthat’s whatbrokemyheart, and himself...andIcouldn’tstopshakingbecause “[The officer]saidDavidCotehadkilledsomeone about theshootingon8March2018,shesaid: her andthreatenedfamily. against himtoldlocalreportersthathehadstalked menacing. he pleadedguiltytomisdemeanorstalkingand In 2014,DavidCotespent45daysinjailafter noted thathehadaccesstoafirearm. outlined specificthreatsDavidCotehadmadeand Bethany Schuchexplainedthatshewasfearful, enforced. locate himtoserveit,whichmeansitcouldnotbe BETHANY NOELLESCHUCH 488

482 484 Intherequestforrestrainingorder, Thewomanwhofiledthesecharges 487 InMarch2018,Oregon 481 BethanySchuch 483 485 486 Onhearing

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 77

496 501 Meanwhile, her husband’s Meanwhile, her husband’s 500 502

498 Although she made several subsequent Although she made several subsequent 499 However, when the officers seized the guns, However, 497 KATE RANTA KATE Only after Ranta had been shot did a judge finally grant a permanent protection order in her case. In April 2017, a jury sentenced Thomas Maffei to 60 years in prison for the attempted murders of Kate Ranta and her father. 2011. go out the they warned her that her husband could neither next day and buy another gun legally since of firearms Federal law nor Florida law prohibit sales Protection Order solely on the basis of a Temporary to weapons and the order from the judge only applied and ammunition currently in Thomas Maffei’s possession. during a Kate Ranta withdrew the protection order the guns were short-lived reconciliation attempt and returned. these were attempts to obtain restraining orders, not successful. In any case, neither federal law nor Florida state requires the removal of weapons after a temporary restraining order. She understood from her attorney that denial was due to insufficient evidence. behavior became increasingly erratic: he broke into her and cyber-stalked her home, vandalized her car, hired a private investigator to locate and video her. On 2 November 2012, Thomas Maffei shot his way Maffei shot his way 2012, Thomas On 2 November Florida, where in Coral Springs, into the apartment Kate Ranta, lived with their four- his estranged wife, was shot twice and injured. son. Kate Ranta year-old was shot at point-blank range, Her 68-year old father damage to his arm. causing permanent International that Thomas Kate Ranta told Amnesty over to their son and knelt down Maffei then walked while her son his gun at her, beside him, still pointing Don’t shoot Mommy.” it Daddy. pleaded, “Don’t do abusive She said that her husband had become granted a several years earlier and she had been her husband temporary restraining order requiring in January to surrender his six guns and ammunition More than 493 A survey conducted by 491 One in three women and One in three women 489

495 492

490 According to two separate studies on the 494 a gun in the home were nearly three to five times more likely to be murdered than those with no gun in the home. half of all women murdered in the USA are killed by current or former intimate partners and most intimate partner homicides are committed with guns. risks of firearms in the home, women living with on this issue are urgently needed. However, from on this issue are urgently needed. However, between the data that does exist, the relationship homicides access to firearms and intimate partner is quite clear; the risk increases dramatically when there is a firearm in the home. firearms believed their abusers were capable of firearms believed their abusers were killing them. existing studies on the relationships Unfortunately, related to between firearms and female homicides Studies intimate partner violence (IPV) are limited. been threatened by an abuser with a firearm; 1 been threatened by an abuser with a injured or million of those have been shot and shot at without injury. found that the National Domestic Violence Hotline possessed 67% of respondents whose abusers violence, and/or intimate partner stalking in their violence, and/or intimate lifetimes. perpetrators regularly use Domestic violence Some murder. firearms to control, to abuse and to have 4.5 million American women alive today as part of a systematic pattern of power and as part of a systematic by one intimate partner control perpetrated against another.” the USA experience intimate one in ten men in intimate partner sexual partner physical violence, According to the National Coalition Against to the National Coalition According violence is the Violence, “domestic Domestic assault, battery, physical willful intimidation, abusive behavior and/or other sexual assault, 78 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE dangerous. likely tomisusefirearmsoften remainarmedand go andbuyanotherone.As aresult,peoplemost they dosurrendertheirfirearms, theyareableto require backgroundchecksmeansthatevenif the factthatprivatesalesofgunsdonot or surrendered. authorities toorderthatfirearmsberelinquished states andWashington, D.C.requireorauthorize required tosurrendertheirgunsandonly27 a firearmduetodomesticviolencearenot those whoareexplicitlyprohibitedfromowning at riskofdomesticviolence.Underfederallaw, not providedsufficientprotectionforindividuals addition, despitetheseprohibitions,theUSAhas translate federalprotectionsintostatelaw. In federal protections.Manystateshavefailedto which provideformechanismstoenforcethe effectively, statelegislaturesneedtopasslaws However, forfederallawstobeenforced 1968. or owningfirearmsundertheGunControlActof of felonyoffensesareprohibitedfrompurchasing felony stalkingorotheractsthatrisetothelevel purchases offirearms. these lawsresultedinmorethan160,000denied and ammunition. violence protectionorderfrompossessingfirearms of domesticviolenceorsubjecttoafinal individuals convictedofthemisdemeanorcrime “Lautenberg Amendment”,prohibitingcertain ammunition. In1996,Congresspassedthe protective ordersfrompossessingfirearmsand persons subjecttofinaldomesticviolence Violence AgainstWomen Actprohibitingcertain In 1994,Congressincludedaprovisioninthe undermined byloopholesandomissions. some basicprotections,butmanyoftheseare intimate partners.Federalandstatelawsprovide violence fromarmedandabusivecurrentorformer in placeforpeoplewhoareatriskofdomestic There areprofoundlyinadequatelegalprotections 505

506 503 Inadequaterecordkeepingand Between1998and2014, 504 Individualsconvictedof against women.In1980,theUSAsigned specifically addressdomesticviolenceor The USAhasnotratifiedanytreatiesthat into domestichomicide.” gun inthehomecaneasilyturndomesticviolence misuse ofaguninthehome.Thepresence of domesticviolence,whoaremostatriskfrom rights ofvulnerablegroups,includingvictims obligations whenitcomestoprotectingthe it notedthat:“theStatehasparticularlyacute Committed withSmallArmsandLightWeapons report, significant numberofsuchattacks. and thatinter-partner violenceaccountsfora been significantlyunderminedbyfirearmsmisuse, that therighttolifeandsecurityofpersonhas The UNHumanRightsCouncilhasrecognized obligations underinternational humanrightslaw. gun-related domesticviolence isaviolationof take reasonablemeasuresto reducepreventable those mostatriskofharm. TheUSA’s failureto to payparticularattention to theprotectionof on HumanRights. violence undertheInter-American Convention found asimilardutywithregardstodomestic Inter-American CommissiononHumanRights the protectingrighttosecurityofperson.The similar duediligenceobligationwithregardto by itsownagentsorprivatepersons.Ithasa would underminethatright,whethercommitted prevent, investigate,andpunishanyactthat diligence dutytoprotecttherightlifeand However, asapartytotheICCPR,ithasdue as aformofdiscrimination. recognized gender-based violenceagainstwomen of therightsenshrinedinConvention,has against Women, whichmonitorsimplementation Committee ontheEliminationofDiscrimination the objectandpurposeofthistreaty. an obligationtorefrainfromactsthatwoulddefeat the USAhasnotratifiedCEDAW, theUSAstillhas Discrimination AgainstWomen (CEDAW). Although Convention ontheEliminationallFormsof Prevention ofHumanRightsViolations 510 Thestateisalsoenjoined 508

507 509 Ina2006 The , AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 79

517 A week before the shooting occurred, on 24 520 518 519 YVONNE FLORES It also requires the stalker to be told the terms and seriousness of the protection orders against them so as to prevent them feigning confusion. The law was extended in 2015 to protect sexual assault survivors as well. Yvonne Flores, aged 58, and her husband had been Flores, aged 58, and her husband had been Yvonne for two years before the stalked by their neighbor, Anthony shooting. According to law enforcement, Yvonne Medina was increasingly infatuated with look Flores. He would walk slowly by her home, home and then through her windows, watch her leave approaching her on the street in town. follow her, that Flores complained to law enforcement Yvonne touching her Anthony Medina was stalking her, Medina was and making inappropriate comments. her and was arrested on 22 June 2010 for stalking seeing a released on US$2,500 bail without first judge. Flores obtained a temporary restraining June, Yvonne order. Law” In 2012, Colorado signed into law “Vonnie’s Flores. The law states that an named after Yvonne accused domestic violence offender or stalker must have a bond hearing before a judge and be issued a written restraining order before release from jail. that does exist how the “boyfriend loophole” loophole” exist how the “boyfriend that does the context of individuals in affects LGBTI that It is critical violence and firearms. domestic those in LGBTI the “boyfriend loophole” in closing provided protection from relationships are also the domestic violence context. firearm violence in STALKING” 3.3.2 THE “MISDEMEANOR LOOPHOLE Anthony On 7 July 2010 in Leadville, Colorado, Flores, Yvonne Medina shot and killed his neighbor, revolver Taurus in her driveway before turning his .38 on himself. In 514 Some 513 This excludes 512

516 An “intimate partner” is defined as An “intimate partner” is defined as 511 515 across relationship types.” Domestic violence also occurs within the LGBTI It is not clear from the limited data community. assaultive behaviors by the type and status of the relationship (current spouse, former spouse, current boyfriend or girlfriend, and former boyfriend or girlfriend), in Philadelphia, for example, concluded that “gun use was similar policies around intimate partner violence need to be updated to more fully take into account different types of dating relationships to more accurately identify those individuals not currently A 2018 study examining protected by federal law. some states, the “boyfriend loophole” has been some states, the “boyfriend loophole” unequal protections partially closed; however, remain. firearm Federal data collection, research, and states have closed the “boyfriend loophole” by states have closed the “boyfriend loophole” partners. enacting state laws which cover dating 29 states According to Everytown for Gun Safety, D.C. have laws which prohibit and Washington, against those who have been convicted of crimes dating partners from possessing firearms. person, an individual who is a parent of a child of person, an individual who is a parent or the person, and an individual who cohabitates has cohabited with the person.” did not have current or former dating partners who a child together and did not cohabit. According to federal law, a “domestic violence a “domestic law, According to federal crime “committed by an misdemeanor” is a the parent, or guardian of intimate partner, victim.” spouse of the “the spouse of the person, a former person is convicted of crimes related to domestic person is convicted to a qualifying protective violence or is subject referred to as the “boyfriend order – commonly many intimate partners without loophole” – leave adequate legal protection. 3.3.1 THE “BOYFRIEND LOOPHOLE” “BOYFRIEND 3.3.1 THE that prohibit current legal framework Gaps in the a of firearms when and possession the purchase 80 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Mt. GileadBaptistChurchand amotherofone,was Goodloe, thedirectorofachurch youthministryat On 18June2016,inWashington, D.C.,Stephanie POSSESSION PROTECTION ORDERSANDFIREARMS 3.3.3 DOMESTICVIOLENCE escalate tophysicalattacks. troubling giventhatstalkingbehaviorcaneasily convicted ofmisdemeanorstalkingisespecially The failuretoremovefirearmsfromthose and statelaw. from possessingagunbecauseofgapsinfederal stalking offenseswouldnothavebeenprohibited at least11,986peopleconvictedofmisdemeanor Progress surveyingdatafrom20statesfoundthat gun. misdemeanor stalkingprohibitedfromowninga in only19ofthemarethoseconvicted Misdemeanor stalkingisacrimein42states, stalking. a felony, thereisnomisdemeanorcrimeof injury.” place personinreasonablefearofdeathorbodily party makes“crediblethreatswiththeintentto other states,stalkingbecomesafelonywhen perpetrator wasviolatingaprotectionorder. the distinctiondependsonwhetherornot to state.Insomestates,suchasCalifornia, misdemeanor stalkingchargesvariesfromstate The distinctionbetweenfelonystalkingand reflect theactualthreat. misdemeanor andfelonystalkingoftendoesnot stalking. However, thedemarcationbetween of firearmsbypersonsconvictedmisdemeanor does notprohibitthepurchaseandpossession misdemeanor crimesofdomesticviolence,but a felonycrime, possession offirearmsbyindividualsconvicted Current federallawprohibitsthepurchaseand STEPHANIE GOODLOE 524 A2014reportbytheCenterforAmerican 523 Inotherstates,stalkingisautomatically 525 521

includingfelonystalking,and 526 522 In convicted ofmurderinMay2018. from possessingafirearm. bar thosesubjecttoatemporaryrestrainingorder her harm. threatened herandsaidhethatplannedtocause According tothepolicerecords,herex-boyfriend killed. police stationtofileareportthedaybeforeshewas because hehadagainviolatedtheorder, visited the in thetwoweekspriortohermurderandalso, order. Stephanie Goodloeobtainedatemporaryrestraining Donald Hairstonslashingthetiresofhervehicle, Earlier thatmonth,afteranincidentwhichincluded Donald Hairston. shot andkilledinherhomebyex-boyfriend, moved herand Iaskedthemifthatwasmy daughter I didn’trealizemyheadwas resting onLori.They didn’t seehimshootLori.Imust haveblankedout… to bleedout.Ididn’tknowwas shotintheface….I laid stillbecauseIknewwas shotandIdidn’twant hand, leftarmandback.Shedescribedthatshe“just Merry Jacksonwasshotfourtimes:intheface,right pocket…and startedshooting.’” hugging eachother…hepulledthegunoutof protect ourselves.We wereinanembrace,we He proceededtobreakinandwehadnothing screamed ‘MommyMommyScottisthatthedoor… her mother, MerryJacksonwhodescribedhow:“Lori at LoriJackson’s parent’s home.AIUSAspokewith On themorningof7May2014,ScottGellatlyarrived an arrestwarrantwasissued. Gellatly wasalsochargedwithdomesticviolenceand protection forherselfandhersmallchildren.Scott obtained atemporaryrestrainingordertoseek their homeonpreviousoccasions.LoriJackson assaulted herandtriedtopreventfromleaving husband ScottGellatly. In early2014,LoriJacksonseparatedfromher LORI JACKSON 528 529 Shefiledtwopolicereportsabouthisthreats

530 ThelawinWashington, D.C. doesnot 527

532 Hehadphysically 531 DonaldHairstonwas 533 534

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 81 542

543

544 domestic violence including California, final possession. “The complainant is then allowed to leave the court”, she explained, “but I do not allow the defendant to leave. My deputy is given an order to take him home and retrieve the guns in the house, and they remain in our hands for by those subject to a in protection order but provides no restriction the case of a temporary restraining order. Only a handful of states, Virginia, and West Illinois, Massachusetts, Texas, of temporary extend this prohibition to instances states allow protection orders. A number of other whatever judges to write into the protective order the measures they deem necessary to protect victim, including removal of firearms. leaving an The most dangerous time for a person abuser is during those initial stages, so removal of the firearm, if even for a short time, may be critical to prevent further violence or harm. New Orleans Civil District Court Judge Bernadette D’Souza told Amnesty International that in her court, when she issues a protective order and there are allegations of abuse or assault involving the use or threatened use of a gun, she also gun makes an order to suspend the defendant’s services for domestic violence, 61% had no prior 61% had no prior domestic violence, services for Those who do of protective orders. knowledge seek them for myriad orders may not know about to reveal intimate reluctance reasons including the time-consuming steps details in open court, to secure orders, or their that may be needed the hostility of court personnel, perceptions about well as other issues, such including judges as lack of access to legal as financial limitations, or distances they must services more generally services that do exist if they travel to access legal Many more were prevented live in rural areas. order due to the limited reach of the protective the LGBTI regarding their relationship status. For 54.4% of LGBTI survivors who sought community, them. protective orders were unable to secure of firearms Federal law prohibits the possession

535 Often, 539

Scott Gellatly 537 536 Researchers found that 541

538 540 women who reported their abuse to police secured protective orders. among a sample of migrant women who sought firearm. Many survivors of domestic violence may not obtain protective orders at all. According to a 2013 study by the DoJ, no more than 22% of study of intimate partner homicides, a fifth of intimate partner homicide victims with temporary protection orders were murdered within two days of obtaining the order; a third were murdered within the first month. Nearly half of all of these homicides (46.2%) were committed with a this coincides with the request for a domestic this coincides with the request for a The time between violence protection order. order and being granted a temporary protection can be the hearing for a final protection order 10-city extremely dangerous. According to one The most dangerous time for someone in an The most dangerous time for someone just left or abusive relationship is when they have are in the process of leaving the abuser. Connecticut passed a law in 2016 that requires a Connecticut passed a law in 2016 that are subject person to surrender their firearms if they It further bars them to a temporary restraining order. is a court from re-acquiring those guns until there hearing. the following day. Obtaining a final order would have Obtaining the following day. court-ordered mechanism triggered the necessary his gun. to require him to surrender murder and pleaded guilty to murder and attempted was sentenced to 45 years in prison. used in the attack in Virginia despite the fact that used in the attack in a warrant out for his arrest at the time, there was in Connecticut and he was for domestic violence The hearing restraining order. subject to a temporary order would have been heard for a final protection and they said ‘yes’ and I said ‘is she dead?’ and they ‘is she dead?’ and ‘yes’ and I said and they said gun it was a losing he pulled the said ‘yes.’…Once ourselves with.” had nothing to protect battle, we the .38 caliber handgun Scott Gellatly had purchased 82 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE In California,forexample, abusers subjectto authorize relinquishmentof firearms. only 27ofthosestatesalso explicitlyrequireor subject toanIPV-related restrainingorder, but D.C. prohibitfirearmpossessionbypersons weapons. Similarly, 35statesandWashington, explicitly requireorauthorizerelinquishmentof misdemeanor, butonly14ofthosestatesalso possession bypersonsconvictedofanIPV-related eight statesandWashington, D.C.prohibitfirearm homicides instateswithsurrenderlaws. found a14%reductioninintimatepartnerfirearm A 2017studyoftheFBI’s UniformCrimeReports reducing gun-relatedintimatepartnerhomicide. their firearms(“surrenderlaws”)areeffectiveat laws requiringprohibitedabuserstosurrender their weapons. there isnomechanismunderstatelawtoremove are neverthelessabletoremainarmedbecause order whoareprohibitedfrompossessingfirearms subject toafinaldomesticviolenceprotection misdemeanor crimeofdomesticviolenceor party. In23states,individualsconvictedofa firearms tolawenforcementoranotherthird require prohibitedabuserstotransfertheir abusers frompossessingfirearms,itdoesnot Although federallawprohibitscertaindomestic THE SURRENDEROFFIREARMS 3.3.4 PROHIBITEDPOSSESSORSAND non-licensed dealer. from purchasingafirearmatgunshowor System (NICS) the licensed firearmsdealer, theywillbeflaggedby defendant attemptstopurchaseafirearmfrom enroll ina26-weekinterventionprogram.Ifthe has inhispossessionatthetime,andmustalso from possessinganyweapons,notjusttheoneshe months.” Thesubjectoftheorderisprohibited the durationoforder, whichis usually18 National InstantCriminalBackgroundCheck 546 . However, itwillnotpreventthem Yet evidencesuggeststhat 545

548 547 Twenty- legislature, buildingontheLafourchemodel, require surrender. InMay2018,theLouisiana eight yearsbeforethestatepassedlegislationto convictions orfinalprotectionordersin2010, possessing firearmsduetodomesticviolence firearms fromindividualsprohibited Parish introduceditsownmechanismtoremove In Louisiana,theSheriff’s OfficeofLafourche their possession. for lawenforcementtoconfiscateanyfirearmsin comply, courtsareauthorizedtoissueawarrant 48 hoursoftheorderbeingserved.Iftheyfailto provide aproofoftransferformtothecourtwithin served withaprotectiveorder. Theyarerequiredto licensed firearmsdealerwithin24hoursofbeing firearms tolawenforcementorafederally protective ordersarerequiredtotransfertheir order. Inhersupporting affidavit,shesaid:“Stafford Shaw. complaint againstherboyfriend, StaffordLeo In January2015, gun-related assaults. protection ordersanddozensmorewerevictimsof been shotdeadlessthanamonthafterobtaining the previousdecade,atleastfivewomenhad for instance,theresearchersfoundthatduring to injureorkilltheirvictim.InWashington state, required tosurrendertheirfirearms,usedagun which aprohibitedabuserwhowasnotbeing violence. of firearmshadanybearingonsubsequent assess whetherfailuretorequirethesurrender and relatedcrimesinvolvingafirearminorderto records ofdomesticviolenceprotectionorders researchers combedthroughcriminaldatabases, In a2013 change willtakeeffectinOctober2018. possession ofprohibitedindividuals.Thepolicy to ensurefirearmsaretransferredoutofthe passed abilltoestablishstatewideprocess MORGAN ROGERS 553

She alsorequestedacivilprotection 551 New York Times Theyfoundnumerousinstancesin Morgan Rogersfiledacriminal 549

552

investigation, 550

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 83 was 562

563 The legislation, known as Fix NICS, The legislation, known as Fix 561 related prohibitions were issued more than three days from the date the check was requested. In other words, some 6,700 firearms were transferred to prohibited individuals because the background check took too long. to enhance the comprehensiveness, accuracy and to enhance the comprehensiveness, accuracy decreasing effectiveness of NICS databases, while in the the likelihood that firearms will end up States should hands of those likely to misuse them. mandate compliance with reporting requirements, of data ensuring real-time and accurate transmission this process and implementation systems to facilitate and law with judicial, health care, administrative enforcement entities. Check The National Instant Criminal Background System (NICS) was created in 1998 as part of the Brady Handgun Violence Prevention Act. Licensed gun dealers are required to conduct background checks on all potential buyers. Many checks are processed in minutes, but if the seller does not hear back within three days, the seller may go ahead and transfer the weapon to the 2006 and 2015, 30% of Between purchaser. denials of purchase due to domestic violence- It is unclear if his time in the mental health facility mental health facility if his time in the It is unclear deem him a “prohibited been sufficient to would have federal law. person” under domestic it is clear that Devin Kelley’s However, should have prevented him from violence conviction Air Force authorities never buying guns, but the reported it to the FBI. legislators to introduce bipartisan The case prompted incentives for state and federal legislation enhancing records to the FBI, providing for agencies to report and accountability in reporting, greater transparency support and increasing technical assistance and reporting for states looking to implement improved systems. Bill in passed as part of the Omnibus Appropriations for the USA March 2018 and offers an opportunity Virginia 555 The protection The protection 554

On 29 May 2015, he shot Morgan On 29 May 2015, 559 556 557 He was reportedly deemed to be a threat

560 558 FIRST BAPTIST CHURCH IN SUTHERLAND SPRINGS, TEXAS self-harm. to himself and others and was admitted for several weeks to a mental health facility by the Air Force. convicted and sentenced to a year’s confinement confinement convicted and sentenced to a year’s for assaulting his first wife and her son. Before his domestic violence conviction, he had been found sneaking firearms onto an Air Force base and making threats against commanders, as well as threats of Sutherland Springs, Texas, killing 26 people and Sutherland Springs, Texas, injuring 20 more. Devin Kelley should not have had access to a firearm. While serving in the Air Force in 2012, he had been On 5 November 2017, Devin Patrick Kelley opened On 5 November 2017, Devin Patrick Kelley fire on a congregation at the First Baptist Church in 3.3.5 INADEQUATE REPORTING 3.3.5 INADEQUATE TOOF PROHIBITED INDIVIDUALS CRIMINAL INSTANT THE NATIONAL BACKGROUND CHECK SYSTEM legally prohibited from possessing firearms had legally prohibited from possessing firearms at the been required to relinquish their weapons protection time they were served with temporary violence orders, or on conviction of a domestic charge. were lying in bed, killing both of them, and then were lying in bed, killing killed himself. potentially These killings, and many others, could were have been prevented if individuals who a misdemeanor domestic assault charge and was a misdemeanor domestic weekend jail term. ordered to serve a him to surrender firearms that he law did not require already owned. while they daughter Rogers and their one-year-old Shaw attacked me in the face. He hit me with the He hit me with the me in the face. Shaw attacked daughter Leah Rogers gun, all while my butt of the room across the hall.” lay in the to pleaded guilty granted. Stafford Shaw order was 84 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE of personswhoareprohibited frompossessing of protection;and(3)theNICS Index,adatabase individuals subjecttorestraining ordersor Crime InformationCenter(NCIC), adatabaseof database ofcriminalrecords;(2)theNational (1) theInterstateIdentificationIndex(III),a dealers, byconsultingthreemaindatabases: purchased throughfederallylicensedfirearm The FBIconductsbackgroundchecksforguns retrieval actionstotheATF. 2016, forinstance,theFBIreferred4,170firearm purchasers alreadyhaveaccesstoafirearm.In which theretrievalprocessisongoing,prohibited prohibited purchasers–alsoduringthetimein hundreds offirearmsmayremaininthehands even witha93%retrievalsuccessrateoverall, resources toretrievethefirearm. due tocompetingprioritiesitdidnothavethe one casewheretheATF officeexplainedthat was arrestedbythemonunrelatedcharges,and was referredtolocalauthoritiesafterthesubject firearms purchased,onecasewherethematter two caseswherethesubjectshadalreadysold five caseswherethesubjectscouldnotbelocated, not recoveredfromthissample,theauditfound: firearms. Oftheremainingninefirearmsthatwere the ATF wasabletorecover116,or93%ofthe of 125casesreviewed,theauditdeterminedthat and requiredrecoverybytheATF. Ofthesample firearms weretransferredtoprohibitedpersons reviewed asampleof125transactionswhere purchase denialsthroughtheNICSin2016.It conducted anauditofthehandlingfirearms The OfficeofInspectorGeneraltheDoJ to aprohibitedpurchaser. every gunthatwasidentifiedasbeingturnedover the gun.However, ATF officialsmaynotrecover Explosives (ATF), whomaythenattempttorecover to theBureauofAlcohol,Tobacco, Firearms,and was aprohibitedpurchaser, thecaseisreferred later determinesthattheindividualinquestion If theFBIdoesnotrespondwithinthreedays,but 565

564 However, Statistics foundthatonly60%ofprotectiveorder National ConsortiumforJusticeInformationand security numberordateofbirth. details whichmaynotbeknownsuchasasocial than familymembersastheyrequireadditional needed forprotectiveordersagainstpeopleother funding toenterintothesysteminformation in theNCIC,suchasstateslackingstaffand protection ordersbeingconsistentlyincluded number ofresourcingproblemsthatprevented domestic violencerecords. data couldimprovebackgroundchecksinvolving Government AccountabilityOfficeexaminedhow A July2016studyandreportbytheUS system (seeChapter5). databases comprisetheNICSbackgroundchecks firearms understateorfederallaw. to theNICS. domestic violencemisdemeanor convictionrecords September 2015,only37 states hadreported to themostrecentdataavailable, asof30 investigation byfederalauthorities.According person isprohibitedornot,andrequirefurther information neededtodeterminewhetherthe NCIC ortheIIIwhichmaynotcontainallof on theindividualsbeingflaggedthrough Instead, thestateandlocalauthoritieswillrely federal definitionfordomesticviolence. not indicatewhetheraparticularassaultmeetsthe establish becausestateorlocalrecordsoftendo the mostdifficultfederalfirearmsprohibitionsto shows thatdomesticviolencearrestscanbeoneof prohibited frompossessingfirearms.Research NICS Indexwhichwouldflagthesubjectasbeing do notsubmitdomesticviolencerecordstothe reporting structureofthesystem,moststates from purchasingafirearm,duetothevoluntary at thenationallevelthatwoulddisqualifythem information onindividualsnototherwiseavailable Although theNICSIndexwasdesignedtohouse NCIC. records instatedatabaseswerealsohousedthe 569

571 Andofthose37states,only five 567 Ithighlighteda 568 566 Areportbythe Thesethree 570

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 85 that the site 577 575

576 ZINA DANIEL website. the lawsuit was dismissed by Milwaukee Initially, He cited federal law in County Judge Glenn Yamahiro. his dismissal stating website operators are not liable order against her husband. She was granted the order against her husband. She was granted just days restraining order by 18 October 2012, restraining before the shooting. The request for the to kill order detailed that her husband threatened on him. her if she ever left him or called the police a few weeks Radcliffe Haughton had been arrested Daniel’s prior to the shooting for slashing Zina tires. him, As there was a restraining order against purchasing Radcliffe Haughton was prohibited from Zina Daniel’s or owning a firearm. In October 2015, daughter filed a lawsuit against Armslist – a website for private buyers and sellers – from whom Radcliffe Haughton purchased the handgun without a background check. The lawsuit stated the website shares responsibility for the shooting by encouraging illegal buyers to get their guns online, allows people to limit searches to private sellers who don’t have to conduct background checks, and that users don’t have to register their account with the as part of the bill that requires the surrender of the surrender the bill that requires as part of of a domestic violence upon the issuance firearms order in 2018. protective SHOW” LOOPHOLE3.3.6 THE “GUN SELLERS AND PRIVATE Radcliffe Haughton opened On 21 October 2012, semi-automatic handgun at the fire with .40-caliber in Brookfield, Wisconsin, killing Azana Salon & Spa those four people and injuring four others. Among wife, killed in the shooting was Radcliffe Haughton’s Zina Daniel. Zina 8 October, Just a few weeks earlier on Monday, a restraining Daniel submitted a written request for The 574

572 573 “lie and try” attempts are effectively followed up and Louisiana enacted a “lie and try” provision to the attempt since an attempt to purchase a firearm is often an indication that an abuser could escalate the violence. The bill was pending at the time of writing. Some states such as Washington and Hawaii enacted laws in 2017 to ensure that domestic abusers) try to buy a gun but fail an NICS background check so that authorities may pursue criminal charges under state law. bill also provides for the notification of local law to alert them prosecutors in order enforcement and and try” bill was proposed in Congress, which and try” bill was proposed in Congress, to alert would require federal law enforcement individuals state authorities within 24 hours when a who are legally prohibited from purchasing firearm (such as convicted felons, fugitives and Moreover, neither the FBI nor the ATF is required is neither the FBI nor the ATF Moreover, to notify local authorities when a prohibited and fails possessor attempts to purchase a firearm “lie and try” a background check, often called a federal “lie attempt. In March 2018, a bipartisan the relationship between the victim and the the relationship between the victim When incomplete or missing records perpetrator. be prohibited fail to flag an individual who should can be from purchasing a firearm, the result deadly. firearm transfer. several major The DoJ has also identified prohibited abusers challenges in identifying through the NICS, including incomplete state records and records that do not clearly firearm rather than being immediately identified firearm rather than when a licensed dealer as a prohibited purchaser As mentioned above, the III and checks the NICS. all the information needed NCIC may not contain the record would prohibit a to determine whether appear to be submitting reasonably complete complete be submitting reasonably appear to violence misdemeanor to domestic records related delays in determining This can cause convictions. a from purchasing is prohibited whether someone 86 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE or possessingafirearm.Afederal “DisarmHate of misdemeanorhatecrimes frompurchasing there isnofederallawprohibiting thoseconvicted per day, involveafirearm. than 8,500hatecrimesperyear, ormorethan23 crimes involvedafirearm.Thismeansthatmore and 2014,approximately43,000reportedhate of JusticeStatisticsandobservedthatbetween2010 Crime VictimizationSurveyconductedbytheBureau Progress (CAP)analyzeddatafromtheNational religion orethnicity. TheCenterforAmerican membership ofaparticulargroup,suchascaste, against peoplebasedontheirrealorperceived The term‘hatecrime’isappliedtocriminalacts HATE CRIMES partner. fewer womenwereshottodeathbyanintimate checks arerequiredfor from 2008to2012,instateswherebackground data onwomenkilledbyarmedintimatepartners most donot. background checksforatleastsomeprivatesales, Although 19statesandWashington, D.C.require without anyofficialrecordofthetransaction. been issuedorwithconvictionstoobtainfirearms whom domesticviolenceprotectionordershave makes it possible for prohibited individuals against another. Inmoststates,the“gunshowloophole” of firearmsviagiftandfromonefamilymemberto encompasses allprivatetransfersandthetransfer to asthe“gunshowloophole”,althoughit checks ontheircustomers.Thisisoftenreferred gun sellerstocarryoutanykindofbackground Federal lawdoesnotrequireunlicensedprivate ongoing. reinstated. Appeals reversedthedecisionandlawsuitwas else. On29April2018,the1 for publishinginformationprovidedbysomeone 580 578 Atthetimeofwriting,lawsuitis 579 AccordingtoananalysisofFBI all 581 handgun sales,46% Despitethesefacts, st DistrictCourtof possess firearms. misdemeanor hatecrimescanstillpurchaseand as ofJuly2018,in43statesthoseconvicted in otherstatesincludingNewYork. and purchasingguns.Proposedlawsarepending violent misdemeanorhatecrimesfrompossessing enacted similarlawspreventingthoseconvictedof Minnesota, safety. by acourtthattheindividualisnotthreattopublic years ofconviction,unlessthereisadetermination possessing oraccessinglethalweaponswithin10 of hatecrimemisdemeanorsfrompurchasing, Disarm HateAct”whichprohibitsthoseconvicted Congress. introduced in2017,buthassincestalledtheUS Act,” whichwouldincludesuchrestrictions,was wrongly implyingthatpersons withpsychosocial gun violenceandmentalhealth inpublicdebates, Problematic correlationsare oftendrawnbetween the possessionoftheseat-riskindividuals. which firearmsmaybetemporarilyremovedfrom crisis, andimplementationofproceduresthrough professionals whoofferguidancetoindividualsin acquisition, counselingbyhealthcareandother waiting periodsforallindividualspriortofirearm from accessingafirearm.Theseincludeinstituting an individualatriskofharmcouldbeprevented state couldtakestepstoreducethelikelihoodthat Numerous mechanismsexistthroughwhicha recognizable riskofharmtothemselvesorothers. to firearmsforindividualswhomaypresenta States shouldtakeactiontopreventaccess OTHERS HARM TOTHEMSELVES OR MAY PRESENTARISKOF FOR INDIVIDUALSWHO 3.4 ACCESSTOFIREARMS 583 Delaware, 582 587 InOctober2017,Californiapassed“The NewJersey, 584 Maryland, 588 andOregon, 585 Massachusetts, 590 However, 589 have 586

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 87 and 596 States 598 Conversely, research research Conversely, Missouri prohibits 597 599 Thirteen states require Thirteen states require 594 Mandatory waiting periods Mandatory waiting 595 may not “inquire about a person’s ownership, may not “inquire about a person’s possession, or use of firearms as a condition of receiving health care.” requiring that health professionals collect or record firearm information, but with an exception “if such inquiry or documentation is necessitated with no waiting periods for gun purchases greater the that the longer the waiting period the reduction in suicide rates. periods on has found that in states where waiting there was firearm purchases have been repealed, an increase in firearm-related suicides. prior should impose mandatory waiting periods individuals. to the purchase of any firearm by all the context of This policy is particularly relevant in at risk preventing access to firearms for individuals of harming themselves or others. CARE 3.4.2 RESTRICTIONS ON HEALTH PROVIDERS Where mental health care and counseling may be available, some states have restricted mental health care providers from inquiring about firearms and discussing gun safety with their patients. In Montana, a health care provider laws mandate time between the decision to time between laws mandate of that a firearm and acquisition purchase Washington, states and For example, ten firearm. on certain types waiting periods D.C. impose of firearm purchases. obtain a permit, that a firearm purchaser prior to obtaining or license or safety certificate possessing a gun. intervention that have the are a positive policy improve the safe use of potential to greatly and are discussed in more fire-arms in general, and Licensing, on Training, detail in section 5.2 Registration. periods Research indicates that mandatory waiting suicides. can be effective in reducing gun-related States with waiting periods on gun purchases than states experienced 51% fewer gun suicides Approximately half of 592 A better framework for evaluating

591 593 3.4.1 MANDATORY WAITING PERIODS WAITING 3.4.1 MANDATORY Some states impose mandatory waiting periods on certain types of firearm purchases. These discusses possible responses, and provides examples of regulatory and policy interventions that may be effective in reducing this risk: The regulatory framework governing the sale and use of firearms should account for particular circumstances where factors may increase the likelihood that an individual is at risk of harming themselves or others in a manner consistent This section with international human rights law. USA: 59.3% of these deaths were suicides and USA: 59.3% of these deaths were suicides 37.2% were homicides. carried out all reported suicides in the USA are with a firearm. mental health conditions and other circumstances mental health conditions and other but which which may be temporary or prolonged, likelihood of misusing a impact an individual’s CDC, in 2016, firearm. According to data from the in the 38,658 people died from firearm injuries mental illness. the access to firearms is to take into account to an broad range of factors that might contribute of self-harm individual being at recognizable risk example, or harming others. These include, for abuse, emotional issues, patterns of substance from the National Center for Health Statistics, from the National and found that less which tracks gun homicides, firearm-related killings than 5% of the 120,000 were carried in the USA between 2001 and 2010 with out by people who had been diagnosed how mental health conditions might manifest how mental health individuals, depending on differently for different Furthermore, such their particular circumstances. by facts. In an article assertions are unsupported researchers analyzed statistics published in 2015, disabilities and those with mental health and those with disabilities prone to violence. are automatically conditions ignore the and assertions These correlations diagnoses and mental health range of possible 88 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE a routeopentofamilymembers ofpeoplewho misuse ittoharmthemselves orothers.Thisis who possessesoneandisfelt tobelikely firearm temporarilyremovedfromanindividual law enforcementcanpetitionthecourttohavea legal avenuethroughwhichfamilymembersand Restraining Orders(GVRO),offeronepotential Protection Orders(ERPO)andGunViolence violence. MechanismsknownasExtremeRisk present ariskarecriticaltoreducinggun of accesstofirearmsforindividualswhomay Procedures providingforthetemporaryremoval THEMSELVES OROTHERS INDIVIDUALS AT RISKOFHARMING REMOVE ACCESSTOFIREARMSFOR 3.4.3 MECHANISMSTOTEMPORARILY until theyarenolongeratelevatedrisk. family andsupportsystemtolimittheiraccess lethal meansandworkingwiththemtheir at riskforsuicidehasaccesstoafirearmorother counseling includesassessingwhetheraperson threatening situations.Lethalmeanssafety and/or guideatriskindividualsawayfromlife- risk forattemptingsuicidewithaccesstofirearms assist withpreventativecareforindividualsat provide “lethalmeanssafetycounseling”can practitioners’ knowledge,skillsandtrainingto the household.Strengtheninghealthcare storage withthegunownerand/orotherswithin of firearmsinthehome,gunsafetyandsafe providers mustbeabletodiscussthepresence Such lawsareundulyrestrictive.Healthcare patients, asunconstitutional. against doctorsfordiscussinggunsafetywith a lawinFlorida,whichwouldhaveleviedpenalties Court ofAppealsfortheEleventhCircuitdeemed commissioner. collection offirearminformationbyitsstatehealth professional’s judgment”.Minnesotaprohibits or medicallyindicatedbythehealthcare 600 InOctoberof2017,theUS 601

602 In 2012,JanetwaslivinginMissouriwithher implemented inahumanrightscompliantmanner. at riskofharmingthemselvesorothersmustbe firearm istemporarilyremovedfromanindividual by theseorders. years between38and76suicideswereprevented Connecticut estimatedthatoveraperiodof14 However, astudyevaluatingsimilarlawin and thereislittleresearchontheireffectiveness. These ordersarearelativelyrecentdevelopment prohibited frompurchasingorpossessingfirearms. to passabackgroundcheckandarenototherwise access totheirfirearms,solongastheyareable When anERPOexpires,thepersonmayregain may beatriskharmingothersorthemselves. happened toherdaughterand herhusband.“Every she stronglybelieveswould have preventedwhat improved accesstoqualitymental healthcare,which about theneedforstrongergun regulationandfor check. Janethasspokenoutonseveraloccasions periods, andwithoutbeingstoppedbyabackground without alicense,anymandatorywaiting Missouri allowedJanet’s daughtertopurchaseagun that morningandshotherhusband.Regulationsin home tofindthatherdaughterhadpurchasedagun from herdaughtersaying,“Dadisdead”.Sherushed Later, whenshewasatwork,receivedamessage something wasoff”,shetoldAmnestyInternational. I wenttosaygoodbyeandsawherknew up. SothenonWednesday morning,Iwokeupand sick, becauseshewouldnotbatheorputonmake- particularly anxious,“Ialwaysknewwhenshewas in 2012,Janetnoticedthatherdaughterseemed were oftentooexpensivetoafford.Onemorning health insuranceandherprescriptionmedicines of thecostcare.Forexample,shedidnothave access toadequatehealthcarewaslimited,because Janet toldAmnestyInternationalthatherdaughter’s with severalmentalhealthconditions.However, had apsychosocialdisabilityandwasdiagnosed husband andher38-year-old daughter. Herdaughter JANET DELANA 603 Anyprocedurethroughwhicha AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 89

611 As 613 This means 610 This means that tribal 612 And while there has been no 614 In 2014, the Center on Juvenile In 2014, the Center 609 arms was not included. governments, as sovereign nations, regulate and restrict the right to bear arms on tribal land. such, there is no uniform firearm law framework across the 566 federally recognized Native American tribes. by law enforcement than any other racial group. by law enforcement than any other racial for the This problem is reflective of the need to introduce USA, and also for tribal governments, by law laws which limit the use of lethal force it is a enforcement to those instances in which of death or last resort to protect against the threat serious injury. 3.5.1 TRIBAL FIREARM LAWS address gun violence, it is critical that all tribal To codes and governments should review their laws, regulations to ensure that they are meeting their obligations under human rights law to protect their communities from gun violence. In 1968, by and through the Indian Civil Rights Act, certain provisions of the US Constitution were extended to tribal governments. However, the Second Amendment right to keep and bear their lifetime, this includes 55.5% who have 55.5% who have this includes their lifetime, by an intimate physical violence experienced between intersection Given the concerning partner. women (see Section and violence against firearms rates at which Native American 3.3), and the high women are impacted, this issue and Alaska Native and solutions need to be warrants further study urgently identified. have been disproportionately Native Americans of deadly force by law affected by the use enforcement. found that between 1999 and Criminal Justice less than and 2011 Native Americans made up for 1% of the US population, but accounted almost 2% of all police killings. Americans that during this time period, Native deadly force were more susceptible to the use of As with any According to In 2014, of 606 608 According to 605 607 604 a National Institute of Justice study, more than a National Institute of Justice study, four in five American Indian and Alaska Native women (84.3%) have experienced violence in Alaska Native women are 2.5 times more likely to be raped or sexually assaulted than other women in the USA. According to the DoJ, in at least 86% of reported cases, survivors state that the perpetrators are non-Native men. mitigated (see Section 3.4). Native American women experience domestic violence and sexual violence at much higher rates than other women in the USA. US government statistics, Native American and average for the same age group. own lives, the Native Americans who took their more than a third used a firearm. to community susceptible to suicide, access firearms is a key issue that must be addressed and by law enforcement, highlight the fact that by law enforcement, highlight the fact prevention comprehensive tribal firearm violence laws are needed. aged The suicide rate among Native Americans national 15 to 34 is 1.5 times higher than the violence on tribal land, yet the impact of firearm violence on tribal land, yet the impact and violence on tribal communities is apparent the prevalence must be addressed. Specifically, suicides, of firearm violence in the context of force domestic violence and the use of deadly NATIONS impact of firearms on Native The full scope and Native communities is not American and Alaska There clear and needs to be examined further. firearm has been no comprehensive study of 3.5 FIREARMS AND TRIBAL 3.5 FIREARMS time I see a shooting on the news I think, I mean I news I think, I mean a shooting on the time I see and if like [my daughter] if it was someone wonder, she we went through,” went through what their family International. told Amnesty 90 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE related permitsandlicenses. the NICSforpurposesofissuing firearm- criminal justiceagenciesto haveaccessto implementing theNICSand authorizedtribal the country, theDoJamendedregulations government focusoncurbinggunviolencearound Significantly, in2015,aspartofafederal investigation.” discovered duringthedomesticviolencerelated weapons orfirearmsthatareinplainview Criminal Code,anofficer“mayremoveany For example,undertheWhiteMountainApache firearms usedinadomesticviolencesituation. tribal governmentshaveenactedlawsconcerning concealed carryofgunsontriballand. related toconcealedcarry regulations onfirearmsappeartobethose in tribalcasinos. presence offirearmsonoraroundschoolsand context ofhuntingandfishing have enactedlawsrelatingtofirearmsinthe require backgroundchecks. regulate thesaleortransferoffirearmsandsome types ofweaponsallowedontriballand. firearms. relating totheuse,possession,orownershipof or lawshaveenactedsomeformofregulations Most tribalgovernmentswithpublishedcodes others, shallnotbeinfringed.” otherwise infringeuponthepropertyrightsof the peaceorunlawfullydamagedestroy in amannerwhichdoesnotbreachorthreaten to keepandbeararmsforpeacefulpurposes, its tribalcodeasfollows:“Therightofthepeople and population,providesarighttobearsarmsvia biggest tribeintheUSAtermsoflandmass arms. However, theNavajoNation,whichis have includedintheirtribalcodearighttobear It isnotclearhowmanyNativeAmericantribes the lawsavailabledoesprovidesomeinsight. tribal firearmlawsinthese566tribes,areviewof comprehensive studyorevaluationoftheexisting 616 Somehavelawswhichrestrictthe 624 620 However, themostprevalent 621 618 andsomebarall 625 619 Tribal governments 615 Currently, andregulatethe

622 617 Some Others 623

Federal: URBAN GUNVIOLENCE RECOMMENDATIONS crisis.” orders instateandfederaldatabasesisanational explained, the“lackofentrytribalprotection American IndianCourtJudgesAssociation President oftheBoardDirectorsNational across thecountry. AsJudgeRichardBlake, information totheNICSforbackgroundchecks tribal governmentsarenotrequiredtoprovide NICS, butarenotobligedtodoso. tribal governmentsandpolicemayuse • • State: • • • mentorship andjobreadiness programs. businesses tothearea,andoffering educational, creating jobprograms,attracting andincentivizing of economicdeprivation,including through State andlocalauthoritiesmustinvestinareas levels offirearmviolence. communities wheretherearepersistentlyhigh proven effectiveindecreasinggunviolence intervention andreductionstrategiesthathave community-involved, evidence-basedgroupviolence provide sufficientandsustainedfundingtosupport State andlocalauthoritiesmustimplement Profiling Act. The USCongressshouldpasstheEndRacial including theYouth PromiseAct. evidence-based supports theimplementationandfundingof The USCongressshouldpasslegislationwhich of gunviolenceoncommunitiescolor. recommendations toaddressthedisparateimpact to investigate,analyzeanddeveloppolicy The USCongressshouldcreateacommission 627

violence preventionprograms, 626 Similarly, AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 91 /temporary protective ex parte orders as the type of court issued orders that prohibit offenders from possessing firearms. The US Congress should amend the Violent Crime Control and Law Enforcement Act of 1994 (18 USC 922(g)) to include the misdemeanor crime of guns, including rifles and shotguns. K-12 State legislatures should prohibit guns in to schools and no exceptions should be granted permit or a individuals who have a concealed carry firearm stored in their vehicle. should State and local authorities and agencies and encourage health professionals to offer health in the safety education to parents with firearms home. The US Congress should amend the Violent Crime Control and Law Enforcement Act of 1994 (18 USC 921 (a)(32)) to revise the definition of “intimate partner” to include dating partners. The US Congress should amend the Violent Crime Control and Law Enforcement Act of 1994 (18 USC 922(g)(8)) to include The US Congress should provide funding to state, funding to state, should provide The US Congress ensure that mental authorities to local and tribal available for children services are made health care and trauma. exposed to gun violence and families should launch, and The federal government public education and awareness sufficiently fund, a safety and child deaths campaign around firearm shootings. due to suicide and unintentional pass stringent and State legislatures should Access Prevention Laws comprehensive Child to store all firearms that mandate all individuals lock or unloaded under the protection of a gun safety device. imposing State legislatures should pass legislation purchase a minimum age of 18 on possession and long from licensed dealers or private sellers of • • • DOMESTIC VIOLENCE Federal: • • • • State: • • concealed carry permits and should not allow including in cars weapons to be on school property, and vehicles. 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 the safe and secure storage of all guns. All licensed gun dealers and private dealers should be required to provide secure gun storage or safety devices upon the sale of all guns, not just handguns. The US Congress should pass legislation imposing The US Congress should pass legislation requiring lethal force by police officers will not be 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 codes of conduct and training. service organizations, schools and hospitals. service organizations, schools and hospitals. State and local authorities should take immediate police action to halt human rights violations by officers. They should make clear that abuses use of including racial profiling and unlawful employment. that those affected by gun States must ensure opportunities for treatment of violence are offered trauma, and social, emotional and psychological direct counseling through victim support offices, State and local authorities should support the State and local authorities incarcerated individuals reintegration of formerly including for crimes linked to reduce recidivism, funding for job to gun violence, by allocating and mental health readiness, job placement by removing barriers to support services and States and local law enforcement agencies and local law enforcement States and all firearm- should promptly investigate authorities found responsible and hold those related deaths accountable. • • CHILDREN Federal: • • • • • 92 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • OTHERS RISK OFHARMTOTHEMSELVES OR INDIVIDUALS WHOMAY PRESENT A ACCESS TOFIREARMSFOR • • • State: fire-arms whererelevant. safety, includingthepossession,useandstorage of impacting theirpatients’health,well-beingand that healthworkersareabletodiscussallfactors Authorities intheUSshouldtakestepstoensure all firearmsandammunitionpurchases. 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 possessing guns. temporary ( or restrainingorders,includingemergency, domestic violenceandthosesubjecttoprotection prohibiting allthoseconvictedofmisdemeanor State legislaturesshouldpassandimplementlaws possessing firearms. stalking asanoffensethatprohibitsoffendersfrom ex parte ) andfinalorders,from • TRIBAL NATIONS • • • possession andopenconcealedcarryof and registrationrequirementsforthepurchase, 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 accesstofirearmsforindividualswhomay as ERPOswhichprovideforthetemporaryremoval States shouldconsideradoptingproceduressuch firearm violence. funding totribalnationsaddresstheimpactof The federalgovernmentshouldprovidesufficient funding tofacilitatethisprocess. federal governmentshouldprovideassistanceand information totheNICSsystem,andinparallel, federal governmenttoprovidetimelyandaccurate Tribal governments couldconsiderworkingwiththe stocks andotherdangerousdevices. submachine guns,large-capacitymagazines,bump rifles, semi-automaticshotguns, or othersandbanningsemi-automaticassault those atdemonstrableriskofhurtingthemselves human rightssafeguardstoremovefirearmsfrom firearms, theestablishmentofmechanismswith AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 93

633

632 This means, on average in 2016, more This means, on average in 2016, more When gunshot victims are treated in When gunshot victims are treated in 631 630 and released, with injuries that don’t warrant hospitalization – they may have graze wounds, flesh wounds, or broken bones that don’t require The rest are admitted to the immediate surgery. hospital; “most of them get their urgent surgeries and are out within five days or a week. They are mostly young otherwise healthy people,” she at all. and survived than 317 people were shot every day hospital. If – at least long enough to get to the will be within an hour of a they they are lucky, equipped to resuscitate, level one trauma center, patients, with stabilize and treat critically injured 24 hours a team of trauma specialists available Most are in urban areas; Baltimore, for a day. which instance, has two level one trauma centers, patients together treat an average of three gunshot a day. rates these specialized units, their survival increase by about 25%. Clinical Associate Professor Jennifer Avegno, Dr. of Emergency Medicine at the University Medical only Center (UMC) New Orleans, South Louisiana’s said that 649 gunshot level one trauma center, victims were brought through their doors in 2017. About one in 10 die as a result of their injuries. Over a third are treated in the emergency room

628 629

Across the country, according to the CDC, more Across the country, than 116,000 people were shot and injured in 2016 (the last year for which data is available). This is an underestimate, as injuries, unlike or homicides, are not always recorded accurately, Like most people who are shot, they survived. Gun violence tends be counted in homicides, but far the cost more people are shot and live. For many, of survival is high. completely busted open.” Anthony Davis, now 33, has been shot a total of six times on two separate occasions, the first when he was 15: “I still got a bullet in my hip, and it still hurts like shit…my gonna rain”. arm cramps up. I can tell when it’s back and that’s the bullet that paralyzed me.” back and that’s shot nine Derrick Strong was 25 when he was arm, my times: “he hit me in both legs, my right just hoping gut, my chest, my back. I remember else was he didn’t hit me in the head. Everywhere DEVASTATING HUMAN COST DEVASTATING was was 16 years old when her life Jamie Williford shots before turned upside down: “I heard three and I tried to I realized they were shooting at us, hit in the duck under the dashboard, but I got 4.1 GUNSHOT INJURY: THE 4.1 GUNSHOT INJURY: SURVIVORS GUNSHOT GUNSHOT CHAPTER 4 CHAPTER 94 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE pulverize eventhethickbones oftheupperleg, small, buttravellingatsuch velocitythatitcan weapons, liketheAR-15. The greatestdamageiscaused byhigh-velocity less.” for peoplewhoactuallymakeittothehospitalis high velocity, thoughIdon’tthinkoursurvivalrate trajectories, fiveorsixholesmore,somewith getting morecomplicated.We areseeingmultiple Shock Trauma Center inBaltimore,agreed:“It’s Thomas Scalea,DirectoroftheR.AdamsCowley who comeinwithasinglegunshotwound.” seeing moreholes...it’s probablyfewerthanhalf “Anecdotally,” Dr. Avegno said,“Ifeellikeweare greater tendencyforvictimstobeshotrepeatedly. With thegreatercapacityseemstohavecomea of 9-18shots. “extendos”, whichcantriplethenormalcapacity be equippedwithextendedmagazines,knownas criminal assaults–theyarelarger, fasterandcan handguns nowthemostcommonlyusedin have becomedeadlier, with9mmand.40caliber assaults wasa.22or.25caliber. 30 yearsago,thehandgunofchoiceformost to keepupwiththetechnologyofkilling.Some by advancesinbattlefieldmedicine–isracing Modern medicaltechnology—partlyinformed much greaterdamagethanothers. where itendsup.Butsomeweaponssimplycause through them,anditisoftenamatterofluck enters thebody, ricochetingoffbonesorsmashing crucial. Anybulletcanmoveunpredictablyonceit The typeandtrajectoryofthebulletorbulletsis the examinationhastobequickandthorough. pain, especiallywhenshotintheabdomen,but trauma team.Patientstendtobeinagonizing are counted,prodded,andassessedbythe they arestrippedandexaminedthewounds Once apatienthasreachedthetraumacenter, months.” “But somearehereformonthsand points out,whohealfast,atleastsuperficially. 638 634 636 639 Thebulletisrelatively 635 Handguns 637 Dr. that areroughlythesizeofbullet.Ifbullet exit woundsandlineartracksthroughthebody handgun injurieswhichtendto“leaveentryand notes thatthisisverydifferentfromlow-velocity Dr. HeatherSher, atraumaradiologistinFlorida, “missiles” whichcauseadditionaldamage. bullet andbonefragmentscancreatesecondary shred tissue,burstarteriesorbreakbones,and doesn’t hitthemdirectly, theforceofshotcan itself causesevereinjuries.Soevenifthebullet destruction aroundthepathofbullet,can the “cavitation”effect,whichcausesaconeof direct hittoamajororganisinvariablyfatal,and you fixthat?”askedonetraumasurgeon. should havebeentherenolongeris.Howdo cavity thesizeofyourfistwhereeverythingthat let alonesofterorgansandtissue.“Imaginea citizenship. into aprivilegetobeearnedratherthanrightof employment andmakeevenbasichealthcare from thepoorest,punishthosewhoarenotin deliberately designedtoremovebasicprotections The policiespursuedoverthepastyearseem HUMAN RIGHTS STANDARDS: HEALTH AND 4.2 INTERNATIONAL with handguns. enough tomakeitthetraumacenterareshot tiny pieces.Mostofthevictimswhosurvivelong it won’tbeirreparablyshatteredintohundredsof such abulletmightbebrokenordisplaced,but bullet canoftenberepaired;abonestruckby The damagetointernalorgansfromalow-velocity save him.” heart ortheaorta…thechancesarethatwecan does notdirectlyhitsomethingcruciallikethe 641

642 Philip Alston,UNSpecialRapporteur 643 on extremepoverty 640 A

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646 647 JAMIE WILLIFORD quicker you get here, the higher your chances of survival.” In general, trauma doctors have found that a series of shorter operations are better tolerated and left her gasping for breath on the floor of the car. floor of the car. and left her gasping for breath on the recovered She was hit twice more and police later who had 19 shell casings at the scene. The driver, get them to a also been hit three times, managed to little of what nearby hospital. She remembers very screaming in pain, happened after they pulled her, She woke up in a hospital bed, unable out of the car. to move her arms or legs. the first Avegno, For those who survive, says Dr. she explains, hour is crucial. “When you get shot,” gesturing around at the empty trauma room, “EMS [Emergency Medical Services] calls us on the way so we are waiting here for you: emergency blood bank, trauma physicians, nurses, respiratory, surgeons, an anesthetist, so pretty much anything scan or an that needs to be done short of a CAT open surgery can be done in this room. There is the concept of the critical hour in trauma: when you get shot that first hour is life or death, so the firearms”, also noted that: “Alongside preventive “Alongside preventive also noted that: firearms”, victims of firearms States must provide measures, and of protection effective measures violence with to adequate health including access reparation, they have the best possible care to ensure that and rehabilitation.” chances of survival 4.3 EMERGENCY TRAUMA CARE with a handgun, Jamie Williford was shot in the back, She heard shots and through a car’s rear window. felt a blow to the sound of the glass breaking, then out of her her back that sucked the wind completely Article 12 of the International 645 644 The UN High Commissioner for Human Rights 2016 report on “Human rights and the regulation of civilian acquisition, possession and use of of the highest attainable standard of physical and mental health.” As a signatory to the ICESCR, the USA “is obliged to refrain from acts which would defeat the object and purpose” of the treaty. for instance, that “it would be desirable for States parties to take all possible measures to reduce infant mortality and to increase life expectancy…” Covenant on Economic, Social and Cultural Rights recognizes “the right of everyone to the enjoyment USA has also signed and ratified the International USA has also signed and ratified the (ICCPR), Covenant on Civil and Political Rights UN Human which protects the right to life. The strong link Rights Committee has recognized the noting, between the rights to life and health, Discrimination. Under article 5, it must eliminate Discrimination. Under article 5, it must the right racial discrimination and guarantee in the to equality before the law for everyone medical enjoyment of “the right to public health, The care, social security and social services”. not constitutionally protected, the USA does have not constitutionally protected, the USA right to international obligations regarding the health. Convention The USA has ratified the International on the Elimination of All Forms of Racial food, clothing, housing and medical care and food, clothing, housing and the right to security necessary social services, sickness, disability, in the event of unemployment, livelihood in widowhood, old age or other lack of Although it is circumstances beyond his control”. fundamental freedoms.” Included among those fundamental freedoms.” medical care. Article 25 of rights are health and that: “Everyone has the right to the UDHR affirms adequate for the health and a standard of living including and of his family, well-being of himself In the Universal Declaration of Human Rights, of Human Rights, Declaration In the Universal Assembly in 1948, by the UN General proclaimed USA pledged to including the member states human rights and observance of achieve “the 96 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE be permanentlydamagedby extremebloodloss can goonformonthsoreven years.Alimbcan and thefollow-upoperations andprocedures It maytakedaysorweekstostabilizeapatient, day coma.” left chestbelowthearmpitandplacemeinafour- reconstruct mydiaphragm,putabreathingtubein out myspleen.Intheprocessofsurgerytheyhadto stomach, removedthetopofmypancreasandtook my gutswerepinneddownwhiletheyrepaired lodged itselfinmystomach.Iwascutopenand two ribs,destroyedmyspleen,hitpancreasand in July2013:“abulletenteredmychestbetween Antonius WiriadjajawasshotinBrooklyn,NewYork, because itistooswollentoclose. to facilitatefurthersurgery, topreventinfectionor abdomen maybeleftopenbetweenprocedures, cavity, possiblyleadingtoalethalinfection.The intestine canspillitscontentsintotheabdominal intestines iscommon,anddangerous;aperforated all possiblesitesofbloodloss.Damagetothe split openforthesurgeontogetbestviewof to justabovethepubicbones–theyneedbe the baseofsternum,aroundbellybutton typically havesuchlargescars–runningfrom reason whysurvivorsofagunshottothetrunk sites insidethechestandabdomen.Thisisone stop theinternalbleeding,oftenfrommultiple The keytosavingagunshotvictimisusually date. or patchedandrepairedcomprehensivelyatalater and moresuperficialwounds,canbeimmobilized leakage. Otherinjuries,suchasshatteredbones potentially fatalinternaldamage,likebowel blood loss,openingairwaysandcontrollingother measures necessarytosavealife:stemming than onelongprocedure. by seriouslyinjuredand/ormulti-shotpatients ANTONIUS WIRIADJAJA 649 648 Theystartwiththe they losecount.DerrickStronghad“atleasteight patients havesomanyfollowupsurgeriesthat the initialdischargefromhospital.Some Operations andcomplicationscontinuelongafter carried out. to resolvebeforereversalsurgerycansafelybe a yearormoreforincisionstohealandedema colostomy; somecanbereversed,butitmaytake procedures. Manygunshotvictimsendupwitha tissue mightrequireaseriesofreconstructive further repair;shatteredbonesandshredded scar tissueimpedehealing;internalorgansneed Infections arecommonplace;problemswith die, causinggangreneandeventualamputation. be losttothelowerextremities,wheretissuecan to thebrainandhearthasbemaintained,itcan during emergencysurgery;whenthebloodsupply pain.” but Ididn’tknowthenhecould beinsomuch it wasonlyintheleg,I abletobreatheagain, said, “theytoldmehewasshot,andwhenIheard leg maybeshorterthantheother. Hismother basketball anddoctorshavewarnedhimthatone to movehisankleproperly, muchlessrunorplay reconstruction. Heisnotsurehewilleverbeable for skingrafts,tissueinfectionandvascular hold thebonestogether, aswellprocedures He hashadaplateinsertedintohislowerlegto shot inthelegandwasthenonhisfifthsurgery. to AmnestyInternationalsixmonthsafterhewas and multiplesurgeries.ElijahJ,aged17,spoke life threatening,canresultinprotractedrecovery Even ashottoanarmorleg,regardedasnon- still gotonebulletleft,inmyhip.” get bulletsoutofmyback.Ithinkthat’s all.ButI had tocutmeopenthefirsttime,thenanother mention anotheroneonmyintestinewherethey operations aloneonmykidneyandbladder, notto left armandfixthefracture.Ihadaboutseven left leg,andtheyhadtoremovebulletsfrommy or nine,maybemore.Theyhadtoputarodinmy 652

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AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 97 The secret 654 Under Medicaid, For those whose 655 657 and coverage stops as soon as 656 DANIELLA SANTORO DERRICK STRONG years of age. But most of the young male gunshot victims treated in Baltimore and New Orleans were not insured and not in steady or formal employment, with many working in temporary or casual jobs before their injury. existence is already precarious, even a minor Daniella Santoro, who has carried out a long- Daniella Santoro, who has carried out violently term study of New Orleans residents with that some acquired spinal cord injuries, has noted than two of the patients in her study received less weeks of in-patient rehabilitation. “optional” physical and occupational therapy are or benefits, which a state may choose whether Where coverage is available, on not to cover. on private both Medicaid and Medicare (and often typically insurance), there are yearly service caps, around US$2,000, the patient is able to reach basic targets. Even relatively minor injuries can be life changing, and some patients enter a downward spiral as soon as they leave the hospital. A few have jobs that provide sick leave, and insurance that covers medical expenses; insurance is sometimes available through a parent, for those up to 25 Derrick Strong was unable to find a rehabilitation find a rehabilitation was unable to Derrick Strong to insurance and so had would accept his center that which he based on t’ai chi. create his own program, back,” he says, “I had faith “I’m getting that bounce used to changing things in my in myself because I’m I got shot and turned over a own life, it wasn’t like some problems with my I still have new leaf. Anyway, won’t be as and my left foot and my elbow, shoulder, all better than they were… but they’re good as new, kick is amazing.” And my roundhouse as he has to his success may be his perseverance for over a been working steadily on his own recovery year. 653 Dr Jooyoung Lee JAMIE WILLIFORD has had no rehabilitation follow-up or ongoing physical therapy. falls.” But the rehabilitation ended before she felt she was ready and able to take care of herself: “I should “I have had a more expansive rehab,” she says now, feel they just kind gave up on me. But I think I could have done more.” In the nine years since, Williford independent living skills she would need, like self- catheterization, and how to transfer herself in and that “literally becomes another out of the wheelchair, She had to build up her upper part of your body.” body strength, she recalls, and “there were a lot of Jamie Williford was in the hospital for months Jamie Williford was in the hospital for use of her after being shot before she regained the the arms and could begin the process of learning particularly for the majority of gunshot survivors particularly for the majority of gunshot and who rely on Medicaid or who are uninsured therapies few have access to the kind of long-term best possible needed to achieve and maintain the outcomes. treatment and rehabilitation, the long-term effects treatment and rehabilitation, the long-term their of gunshot wounds are likely to transform physical and mental health. patchy, Provision of rehabilitation services is weakness, loss of use, liver and kidney issues, weakness, loss of risk pain and the ever-present chronic unremitting antibiotic of infection (which often then becomes resistant, leading to a host of new problems). medical For those without access to ongoing descent in a person’s health” descent in a person’s muscles, nerves, bones and Not all damage to repaired, resulting in long- organs can be fully and consequences, including: term complications 4.4 THE LONG RECOVERY 4.4 THE to long-term shot without access “Getting of a rapid is the beginning health care 98 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE don’t haveaccesstoacupuncture oralternatives chronic painpeoplewon’tsee them,andthey for that.Mostdon’thaveany insurancesothe all thetime,andwedon’thave greatmedicines syndrome, youcan’twork,ordobuthurt “If yougetshot,andendupwithachronicpain “It’s abigissueforourpatients,”saysDr. Scalea. pain whichisdifficultandfrustratingtomanage. gunshot survivorssufferconstantanddebilitating traumatic injuryandnervedamagesome Chronic painsyndromecommonlyresultsfrom gas money”. days Ican’tevenworklongenoughtocovermy exacerbated bysittingtoolonginthecar:“some but saystheneuropathyinhislegandshoulderis driver ondayswhenhe’s notintoomuchpain, unpredictable. AnthonyDavisworksasanUber work schedulesbecausetheirconditionisso they’ve beenshot. fear theywillbeviewedwithsuspicionbecause or timeoffforadoctor’s appointment,asthey facing, ortoaskforworkplaceaccommodations employers aboutmedicalproblemstheymaybe always abletokeepit.Someareafraidtelltheir Even thoseabletofindworkafterrecoveryarenot out forhim?” me todo,sohowdoyouthinkit’s goingtowork the healthcaresystem,andthat’s hardenoughfor to getdisabilityyouhavebeablenegotiate there isnore-educationortraining.Andinorder he isdisabledandcannotwork…Andthat’s it, up andyouneedtwoarmstopickthingsup,so and hemadealivingmovingstuff,pickingthings also shotinthearm,andhasseverenervedamage known asa‘greatsave’.Except,except--hewas we closedhiscolostomyandheisfixed he wasreallysick.ButIgothimthroughitand in 18months,becausehehadalotofproblems, shots. I’veoperatedonhimmaybe15or20times “I haveoneguy,” saidDr. Scalea,“hadmultiple margin ofsurvival. change ofeconomiccapacitycaneliminatetheir 660 658 659 Somecannotmanageregular and despitetrying“somanydifferenttypesof and evenrunagain.Butaftermorethanfiveyears, the damage,andhewaseventuallyabletowalk of surgeriesappearedtohaverepairedmuch shooting andsustainedcriticalinjuries.Aseries leg duringthe2012AuroraColoradotheater be managed.JoshuaNowlanwasshotinthe long-term painofagunshotwoundsimplycannot to medicationandongoingmedicalcare,the In somecases,evenwherepatientshaveaccess this iskindofapredictabletrajectory.” what? Heroinisaprettygoodpainmedicine.So your ownoryougooutonthestreet.Andguess that –andyouwillarescrewed,payfor for thismuchoxy, andifyou’vestillgotpainafter insurance theymightnotpay, ortheywillonlypay that maygivethemsomerelief…Evenifyouhave and abilitytowork. results inadrasticallyreduced scopeofrecovery complications, includinginfections, andgenerally can leavethepatientopen to ahostofadditional the bagisnotonlyemotionally debilitating,but substantial co-payment. providers coversurgicalcostsbutrequirea always coverthereversalsurgery;otherinsurance states andsomeprivateinsuranceprovidersdonot after theintestinesheal,butMedicaidinsome some, theprocedurecanbesurgicallyreversed need tobechangedseveraltimesaday. difficult toconceal,proneleakage,andmay eat soft,easilydigestedfoodsandthebagsare traumatic andshamefulexperience;theyneedto who findusingthecolostomybagaparticularly waist. Gunshotvictimsarelargelyyoungmen, feces beingredirectedtoabagwornaroundthe often undergocolostomies,whichallowtheir who sufferintestinalperforation,forinstance, access necessaryfollow-upprocedures.Those In somecases,gunshotvictimsareunableto leg. he andhisdoctorsdecidedtoamputatelower he continuedtobeinsuchexcruciatingpainthat pain medicationsthatitwashardtokeepcount”, 661 663 Longertermuseof 662 For AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 99 In 666 669 668 Although this is a very small 667 665 up and down the stairs dragging their wheelchair behind them; some simply spend most of their time indoors and isolated. Survivors of spinal cord injury are vulnerable to a series of chronic secondary complications, victims left the hospital with permanent spinal victims left the hospital with permanent cord injuries. it would percentage of overall gunshot injuries, every still indicate several thousand new cases year nationwide. is Adapting to life with a spinal cord injury where challenging even in ideal circumstances, the the patient has a good support network, and resources to adapt their home, vehicle, to perhaps even their workplace, and access medical and long-term rehabilitation and ongoing survivors mental health care. But most gunshot return to a home environment far from this ideal. rented houses and smaller, Many live in older, apartments, where the doors and hallways are too narrow and the bathrooms and bedrooms too confined for wheelchair access. Countertops in kitchens and bathrooms are too high to reach, stairways are hard to negotiate. Some people have to rely on family members to carry them up and down the stairs, others learn to pull themselves and I can’t have that right now. It ain’t causing so It ain’t causing now. have that right and I can’t do telling what it can no but there’s much trouble, I can walk and now, But as of right in the future. want to mess with stairs, so I don’t I can climb that.” CORD INJURY 4.6 SPINAL many gunshot victims No one knows how or partially paralyzed, as have been left fully on violently acquired countrywide statistics are not compiled. Studies spinal cord injuries are living indicate that well over 100,000 people are either with paralysis caused by violence and bedridden or confined to a wheelchair. 17 gunshot New Orleans in 2017, for instance,

664 his hip, but worries that keeping it will eventually cause more pain and removing it will set back his recovery: “It would put me back in a wheelchair or if something fell on me, that bullet in me could has been told that she needs a kill me”. Williford specialist opinion on the bullet removal surgery, but cannot find a specialist who will take her insurance. Derrick Strong still has one bullet in having it taken out: “when I first got shot it was a moved third of an inch from my heart and now it’s a risk that taking it out say there’s They up higher. could paralyze me from the neck down and I don’t want to go through that again… But if I had a fall that they are the cause of ongoing pain, and some that they are the cause of ongoing pain, bullets will live with a constant fear that migrating cause further internal damage or worse. is now The bullet that paralyzed Jamie Williford in her neck and she fears both leaving it in and generally pose no immediate threat and surgical generally pose no immediate threat further attempts to extricate them may cause damage, complications and risk of infection. the continued Victims are far less sanguine about insist presence of bullets in their bodies; some 4.5 RETAINED BULLETS 4.5 RETAINED bullets or Gunshot survivors frequently retain operate to reluctant are Surgeons fragments. bullet as they for the sole purpose of removing them dozens of requests on “GoFundMe” for support dozens of requests and for assistance with the with colostomy reversal colostomy and drainage bags substantial cost of and other supplies. of dollars per year. Some patients attempt to Some patients attempt of dollars per year. which are often ineffective – improvise solutions, mobility and employability, further reducing their at risk of infection. Some and putting them internet for help; there are patients take to the Colostomy maintenance can also be expensive, as also be expensive, maintenance can Colostomy bags of number the limit programs insurance many while the uninsured supplies covered, and other into the thousands at costs running can be looking 100 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE tracks below, where atrainranoverhisarm.He head, thrownoffabridgeand leftfordeadonthe Francis Fallswas33when he wasshotinthe hospital.” because Icouldputmyselfrightbackinthe I do,I’vegottoreallywatchit,besocareful, medicine. Iamantibioticresistant,soeverything take nauseamedicine,Ianti-inflammatory medicine toeattheacidoutofmystomach,I a lotofpainandItakemedicineforthat; bad anxietysothereismedicineforthat; have insomnia,soItakemedicineforthat. since Iwasshot,andtakemedicineforthat. my colon.…I’vehadreallybadlegspasms ulcers inmystomachandpolyps all year, andtheydon’tknowwhy. AndnowIhave it causedCdiff,andthediffkeptcomingback and then‘causeitknockedoutthegoodbacteria antibiotics, whichcausedmestomachproblems, and IwentintothehospitaltheygavemeIV hospital. FirstIhadapressuresoreonmyfoot can snowball:“Ispentmostoflastyearinthe Williford explainshowevenminorcomplications and becometheirownbestadvocates.Jamie daily caretechniques,likeself-catheterization, knowledge quickly, learnandberigorouswith Survivors oftenhavetogainalotofmedical and muscleissueswitharmsshoulders. manual wheelchairsoftensufferrepetitivestrain their abilitytoworkandfunction.Thosewhouse people withspinal cord injury, andseriously impair Frequent andpainfulmusclespasmsaffectmany syndromes, osteoporosisandbonefractures. they aresusceptibletobloodclots,chronicpain and issueswithcatheterscolostomybags; and bowelcomplicationsfromlackofmovement can leadtopneumonia,cardiovascular, urinary frequently haverespiratorycomplicationsthat infected, sometimesleadingtosepsis.They developing, andthencan’tfeelwhentheyget get pressureulcersbecausetheycan’tfeelthem very quickly. Skininfectionsarecommon;they any oneofwhichhasthepotentialtodeteriorate 670 and needalotofmedicines,soIhavetoknow management. “Ihavealotofmedicalproblems to helphimwithwashing,dressingandmedical to bestuckinside.”Acarercomeseverymorning city. “Igetoutandabouteveryday, it’s notgood to maneuverhiselectricwheelchairaroundthe it.” Thirteenyearslater, Fallsuseshisonearm going crazy... Iwentthroughalotofnotaccepting gone, andmylegsweren’tmoving.Ithoughtwas to reachforacigaretteuntilIsawmyarmwas like youcan’tgetupnomore,andIwastrying auntie Iwasgoingouttosmoke,andshe standing aroundlookingatmeandItoldmy at theelbow. “WhenIwokeupeverybodywas waist down,andhisleftarmhadbeenamputated hospital, NewOrleans.Hewasparalyzedfromthe regained consciousnesssixdayslaterinCharity the lastweekI’vehadtwo or threecomebackfor infections, bladderstasis,osteomyelitis; justin They havemajorissueswith wounds,recurrent Dr. Avegno agrees:“Theykeepcomingback. didn’t haveapersonalitytransplant.” rotate hispressurepoints.Theygotshot,they doesn’t wanttostayinthehousealldayand surprising thata20-year-old, any20-year-old, as possiblewithaspinalcordinjury…it’s not can’t dowhatispossibleinordertoaswell same environment–theoldnormalwherethey tough placetogrowup.Andtheygobackthe grew uparoundviolenceanddrugs,it’s avery living withyournewnormal…Manyofthem rehabilitation forspinalcordinjuryisreallyabout of themwillneverwork.Theygotorehab,but their livesarenevergoingtobethesame.Most will. “Thereisnocureforspinalcordinjury, explains thatitisnotrealistictothinkthey gunshots donotwell,however, andDr. Scalea Many gunshotpatientswithspinalinjuryfrom Monday, Idon’tmissit.” to theemergencyroom.Igowoundcareevery infection isabouttocomeonandIgostraight so Ihavetoknowthesymptomsofwhen my body. LikeI’machronicosteomyelitispatient 671 672

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 101 676 There is a lack of accessible housing 675 applying: “There’s not enough housing, there’s not not enough housing, there’s applying: “There’s not enough training, enough counseling, there’s they say they have programs to help you but every time you call they are out of funding or just not enough of list. There’s a waiting there’s anything.” alternative accommodation based on her individual alternative accommodation based on the state learning requirements. In addition, in should have recognized that institutionalization needs a facility that did not meet her particular given was not in her best interests, particularly and the lack of access to education, rehabilitation transitional support. to be People with traumatic injury are likely state institutionalized in Louisiana, because nursing home practice – fostered by an influential nursing lobby – favors funding places in private homes over providing home and community-based care. nationwide, but it is at a particular premium in Louisiana, with tens of thousands of people on waiting lists. Francis Falls was also placed in a nursing home for more than two years, and says he has been on a housing waiting list since 2007. is not even sure it is worth Jamie Williford wheelchair. No one explained to her how medical to her how No one explained wheelchair. was worked, she or disability benefits insurance where the facility, she would live in simply told who weren’t bedbound adult residents most of the a document destruction spent their days in Mainly through paper. warehouse, shredding of “snooping” in the paperwork persistence, a bit to everything that went on and “paying attention enough to take over her around me” she learned and sign herself out of the own disability payments 18. If she had not been so home when she turned she says, she would observant and so determined, still be there today. to ensure The state of Louisiana had an obligation was able to participate in that Jamie Williford with mainstream schooling on an equal basis other children, or be provided with reasonable 673

674 -Daniella Santoro home-based learning opportunities, and there was no continuing rehabilitation or specialized counseling to support her adjustment to life in a was eventually consigned to a nursing care facility in Baton Rouge, where most of the residents were elderly or suffering from intellectual or developmental disabilities. Although she was still 16, she was not placed in school or provided with permanent disabilities but are capable of living had been a runaway Jamie Williford independently. from foster care when she was shot and when she was discharged from rehabilitation, there were no wheelchair accessible foster homes available. She AND INAPPROPRIATE AND INAPPROPRIATE INSTITUTIONALIZATION and/or There is an acute lack of accessible adapted housing for those who have acquired 4.7 LACK OF ACCESSIBLE HOUSING create unnecessary obstacles. The needs of catheters needs The obstacles. unnecessary create in public and colostomy bags create challenges places spaces… And some residents avoid public a shooting altogether for fear of gun violence – if broke out they wouldn’t be able to run.” “Daily life requires great patience, strength, “Daily life requires radical survival. The refrain creativity and sometimes used to punctuate otherwise ‘wheelchair life’ is of life: indescribable, painful, or absurd aspects transportation inaccessible sidewalks, bar rooms, or they need one-on-one 24-hour care. The ones that they need one-on-one and die pretty quickly.” don’t get it get septic WHEELCHAIR LIFE: complications. It’s the same kinds of things you of things you the same kinds It’s complications. these are 25-year- stroke patient, but see with turn people at home to when they have olds. Even incredibly difficult; and help them, it’s them over 102 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE these calculations, butarelikelytobemassive and ongoing–arelikewise not factoredinto medical care.Mentalhealth costs–immediate require repeathospitalreadmission andongoing term healthconsequences and complicationsthat extensive outpatientrehabilitationandsufferlong- gunshot injuries.Manyvictimsneed understates theoverallmedicalcostoftreating only initialhospitalizationandsosignificantly Although thefigureisstaggering,itcovers direct initialmedicalcosts. This amountstoaboutUS$3billionperyearin admission tothehospitalaveragedUS$5,254. and dischargedfromtheemergencyroomwithout hospitalization. can easilyexceedUS$1millionforinitial trauma orspinalcordinjury, individualcosts suffer themostsevereinjuries,includinghead care, suchasrehabilitation. for patientswhoweredischargedtoadditional US$95,887 perincident,risingtoUS$179,565 were treatedandadmittedtohospitalaveraged determined thathospitalcostsforthosewho injuries, researchersatJohnsHopkinsUniversity hospital emergencyroomadmissionsforgunshot In arecentreviewofmorethan150,000 burden onboththevictimsandstate. prevention woulddrasticallyreducethiseconomic “food stamps”–threetimesover Assistance Programor“SNAP”–onceknownas (enough tofundtheSupplementalNutrition and indirectcostsofuptoUS$222billion a year, mostofitbornebythegovernment, amounting todirectcostsofoverUS$3billion violence isanenormousdrainonpublicfunds, The researchthatdoesexistshowsgun funding foranyresearchrelatedtogunviolence. is scarce,largelybecauseofthelackfederal Comprehensive dataonthecostofguninjuries CARNAGE GUN INJURIES:THECOSTOF 4.8 FINANCIALBURDENOF 679 Costsforthosewhoweretreated 678 680 Forthosewho

677 ). Effective hospitals, whichoftenprovideunreimbursedcare gun violencevictimsaretheurbansafetynet the hospitalsthattreatlargestnumbersof costs ofwhichareoftenunrecovered.Moreover, and unabletopayenormoushospitalbills,the likely tohavealreadybeenstrugglingfinancially, About 25%ofthevictimswereuninsured,so through Medicaid(34.8%)andMedicare(6%). initial hospitalbillsarepaiddirectlybythestate by privateinsurance.Morethan40%ofthe one infivegunshotvictims,onaverage,iscovered covering thebulkofthesemedicalcosts.Only One wayoranother, thegovernmentendsup is significantlyunderreportedandundertreated. resulting inpost-traumaticstressdisorder, which can leavepermanentpsychologicalscars,often and verydifficulttoquantify. Gunshotinjuries and productivity followingaguninjury. tangible financialburdenrelated tolostwork care, thereisamoresubstantial butless Beyond thecostsofongoing, long-termmedical will needongoingmedical care, atadditionalcost. will makeafullrecoveryandmorelikelythatthey Without rehabilitation,itislesslikelythatpatients uninsured cannotaffordrehabilitationatall. get rehabilitationsupport,whilemanyofthe so discouragingthattheygiveupandnever finding aproviderandprocessingthepaperwork Medicaid patients. rates sotherearefewerproviderswillingtotake rates aregenerallylowerthanprivateinsurance Medicaid doescovershort-termrehabilitation,but access tomedicalcarefortherestoftheirlives. chronic medicalissuesandwillneedincreased In addition,manygunshotsurvivorsareleftwith indirect coststogovernment. written offaslosses,whichinturnaddtothe their costs,andsomeunrecoverablescanbe federal, stateandlocalfundingcoverssomeof between 2011and2016. at hospitalscaringforpatientsshotinguncrimes for instance,morethanUS$80millionwasspent to theuninsuredorunderinsured.InBaltimore, 682 Somefindtheprocessof 681 Acomplexwebof 683 These AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 103 least likely to seek treatment, to make and keep appointments, to do self-care and follow up and to wade through the reams of paperwork needed to support Medicaid and non-payer claims. In some situations, where being shot is seen as a symbol toughness, and mettle”, the victim of “resiliency, is careful not to do anything that might undermine car backfire, let alone a gunshot, the whole thing car backfire, let alone a gunshot, the returns.” uninsured The majority of these young men are least able or reliant on Medicaid, so among the Avegno’s Dr. to access the services they need. In huge issue for experience, “mental health care is a team gunshot survivors. Our violence intervention most critical consistently identifies it as one of the to cold call needs of their clients. My team had in the city to every mental health outpatient clinic uninsured to see if they would accept Medicaid or and they managed work out some sort of pathway, to narrow it down to two or three that would.” Even then, a caseworker explained, “if the doc’s across town, and you have to go through another on a bus, feeling weak, you ain’t going to be Ward too relaxed about it.” Even where the possibility of mental health care exists, gunshot victims are exactly the population drugs. They avoid people and places that remind places that remind avoid people and drugs. They to leading recovery, shooting or their them of the and withdrawal. isolation of the shooting victims from In addition, many and Baltimore are young cities like New Orleans neighborhoods and black men from deprived where they have already poverty-stricken homes and alcohol abuse and been exposed to drug in the streets – a lifetime violence at home and told Amnesty Avegno Dr. of repetitive trauma. are completely wired and in International: “They of arousal all the time, which a heightened state and levels can permanently alter your response When it of cortisol and other neurotransmitters. back down... continues for long enough, you can’t live You you never go back to a normal baseline. you hear a in a fight or flight state and every time Jamie Williford 684 their heads, trying to see where they went wrong and what they could have done to prevent it. Others try to avoid the pain and numb themselves often with the help of alcohol or emotionally, constantly feeling on edge, sometimes irritable or aggressive. Panic attacks and physical sensations – headaches, dizziness, stomach aches and pain – are all common. Some people feel guilt and constantly run the experience over and over in other form of traumatic injury or illness. Symptoms of PTSD vary both in intensity and duration. The most common include re- experiencing the traumatic event through flashbacks or nightmares, and hyperarousal – health consequences which are often ignored or health consequences which are often full blown left untreated. Many go on to develop and hospital post-traumatic stress disorder (PTSD) more likely studies have found that being shot is than any to cause acute psychological distress fear, that pain, introduced to your life, it will make fear, you a different person.” of mental Shooting victims also face a lifetime 4.9 POST-TRAUMATIC 4.9 POST-TRAUMATIC STRESS DISORDER: being trying “Once you’ve looked at another human had that to take your life from you, and once you’ve term medical and mental health care and the term medical and of police investigations, trials broader direct costs for the perpetrators are also and incarceration factored in. lifetime; other in-home care; medical equipment; lifetime; other in-home These broader costs have been and modifications. between US$44 billion estimated at anywhere on more immediate lost per year – when focusing US$222 billion – when long- wages – and up to costs are more difficult to calculate as they are calculate as they more difficult to costs are or reduced wages but include lost so variable, members who and for any family for the victim a sometimes over responsibilities, take on care 104 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE has beenignored. Herbrother, shethinks,“was She alsofeelsthatthewider effectonfamilies it makingyouaverydifferent person.” being…you can’texperience traumalikethiswithout impact oneveryaspectofmy life,everycellofmy means gettingoverit…butthishashadalong-term “multiple times”everyday. “Peoplethinkrecovery she stillfeelsvulnerable,thinksabouttheattack emotional impactthathasbeenhardesttoprocess; procedures thatshe“haslostcount”.Butitisthe effects, includingsomanyongoingsurgeriesand brain injury. with peopledisabilitiesbecauseofherown special needseducation,shesaysconnected Sara Cusimanoisnowstudyingforadoctoratein unrecognized anduntreated. PTSD, andtheongoingeffectsofattack,went rape counselingat15or16,buthersymptomsof at allonyouremotionalhealth”.Shehadsome emotional recovery,” shesaid.“Theydidn’tfocus “There wasadisconnectbetweenphysicaland paralyzed –andrelearninghowtowalktalk. regaining theuseofonearm–whichhadbeen She wasinthehospitalfortwotothreemonths, face.” close enoughformetohavegunpowderburnsonmy “It feltlikebeinghitwithasledgehammer…hewas when shewaskidnapped,rapedandshotinthehead. Sara Cusimanowas13yearsoldinAugust1994 irrevocably changetheirlives. “one littlesecondintime”,itwasenoughto Victims stressthatalthoughtheirshootingwas getting shotthatyou’reweakandvulnerable.” and aperceptionthatifyoudevelopPTSDafter stigma aroundaccessingmentalhealthservices, likewise noted“thattherecontinuestobesucha works withgunshotsurvivorsinNewOrleans,has Dr. JenniferHughes,atraumapsychologist who help indealingwiththeirfearsandanxieties. that status,suchasbeseentoaskingfor SARA CUSIMANO 687 688 Shehassufferedlastingphysical 685 686

still inshock.I’msometimesdenial.Andthe harder andtodealwiththewounds…I’m lucky tohavesurvived.Butit’s beginningtoget after hewasshot,AntoniusWiriadjaja wrote:“I’m gets pushedaside,atleastinitially. Two months are sooverwhelmingthatthepsychologicalimpact Gunshot survivorsoftenfindtheirphysicalinjuries says, “Ihavetobeasurvivor”. “For meitwasnotasingleincident...Everyday,” she attacks.” wouldn’t letmeoutofhersight.Shehaspanic children foundoutabouttheshooting,“theyoungest there toprotecthislittlesister. Whenherown destroyed” byhisfeelingsofguiltaroundnotbeing relaxing dayfor themostpart.Ididfreakout alittle “380 dayssincetheshooting. Itwasafunand means disappeared. be fewerunexpectedtriggers, buttheyhadbyno with them.Astimewenton, thereappearedto his ownreactionsandfeelingsabouthowhedealt particularly difficultissuesoreventsandanalyzed a networkofsupport.Hefrequentlyreferredto with goodmedicalandmentalhealthcare with thementalhealthimpactofhisinjury, even difficulties hewasfacingincomingtoterms continued toblogabouthisrecoveryandthe Over thenextcoupleofyears,AntoniusWiriadjaja recognize thatit’s alsoinjured...” mind maynothealasquickly, oryoumaynot body willheal.That’s whatit’s goodat.Butyour my adviceistoimmediatelyunderstandthatyour physical well-being.Ifyouareavictimoftrauma, them careaboutmymentalhealthaswell therapist andagoodgeneralpractitioner. Allof psychiatrist, agoodtherapist,physical And it’s noteasy. Butfortunately, Ihaveagood have tolivewiththeconsequencesofsurviving... and getoutofthehospital,whichIdid.Now, I grieving –untilnow. Myfirstprioritywastosurvive was becauseIputasidealltheseemotions–this reason thatIsurvivedandrecoveredsoquickly 689 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 105 691 Ensure that services are available to support independent living for those disabled by gunshot injuries, according to individual needs, including personal assistance, provision of necessary medical equipment and supplies and support with adapting homes and workplaces for wheelchair access and the use of other necessary medical equipment. Ensure that health-related costs, including Ensure that health-related costs, including do payments for medicines and health services, 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 they about all health care and support benefits depending on their specific health are eligible for, – needs, and have the assistance they require – to ideally through a dedicated case manager access, obtain and manage those benefits. Build an evidence-based approach to gun violence 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, evaluates safety interventions and assesses the impact of measures to reduce the incidence of gun violence over time. Ensure that survivors of gun-related violence have Ensure that survivors of gun-related violence care, which access to affordable and quality health interventions, long-term health includes necessary, and rehabilitation services, mental health care long-term pain management. • • • • to change for people with long-term injuries, and injuries, for people with long-term to change year, lane. …. Every keep rollin’ in that I mean to to the I go back of my shooting, on the anniversary I raise my one hand threw me off and bridge they ‘I am still here’, and for me up to god and shout, a victory.” that’s RECOMMENDATIONS calls on US federal and Amnesty International state authorities to: •

690 no choice. But now I’m an advocate for disability. no choice. But now I’m an advocate for disability. I brought a lawsuit against this city and now they have to make bus stops and the St. Charles streetcar accessible for wheelchairs… Things need that gun violence comes out of a dark place, and to focus help on that anger and depression and on the lack of jobs and skills and opportunities.” Francis Falls agrees: “I had to accept this wheelchair life, you know what I’m sayin? I had In the meantime, she says, “there are ways to channel that emotion and anger in positive ways,” and she keeps working “to change the direction don’t need the city to throw we are headed… We another BBQ, we need a sincere effort to recognize life-long effects on many survivors. still Sara Cusimano, shot over 20 years ago, pain, suffers chronic migraine, back and neck that the still faces further surgery and still worries “bullet that didn’t kill me then, still might.” their injuries do shape their lives, irrevocably. The their injuries do shape their lives, irrevocably. family toll that gun violence exacts on victims, a public members and the medical services is – and health crisis of astonishing proportion given the astonishingly little government response, The pain still comes and goes. But I don’t let it shape The pain still comes and goes. But I don’t me.” ______physical, For many gunshot survivors, the mental, of emotional, family and financial consequences like I did when I was shot and bleeding out. I had to like I did when I was get out of bed.” healed to “1461 days since the shooting… I have is in the past. the point where I can say the shooting were functional but it was enough to be reminded of were functional but the trauma.” shooting. Some days I feel so “760 days since the I had become restless. Today tired. But at night I down and I felt I was laying another PTSD trigger. because some idiots were playing with fireworks with fireworks idiots were playing because some to Fremont Then we went of the day. in the middle and of bullet necklaces and I saw tons flea market know whether they for sale. I didn’t antique guns 106 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE CHAPTER 5 fulfilling thatobligation. abuse humanrightsisanimportant steptoward prevent themfrombeingused byindividualsto standards fortheregulation offirearmsto of person.Adoptingandenforcingminimum rights, includingtherightstolifeandsecurity The USAhasanobligationtoprotecthuman human rights. violence ispreventingpeoplefromenjoyingtheir Ground laws”allcreateanenvironmentwheregun semiautomatic submachineguns;and“StandYour assault rifles,semi-automaticshotgunsand and stolenfirearms;regulationofsemi-automatic carrying offirearmsinpublic;reportinglost checks; licensing,registrationandtraining;the Federal andstatelawsrelatedtobackground international lawandstandards. laws addressingfirearmviolencefallsshortof current patchworkoffederal,stateandlocal adequate protectionagainstgunviolence.The stronger protectionsthanothers,allfailtoensure a nationwideproblem.Whilesomestatesoffer The lackofgunsafetylawsandregulationsis LAWS ANDPOLICY INADEQUATE GUN FAILURE TOPREVENT:

The USAmusttake with DewayneJacksonandsix childrenagedbetween On Saturday, 8August2015,Valarie Jackson,along Use ofFirearms. Regulation ofCivilianAcquisition,Possession,and Nations HumanRightsCouncil,andthe as prohibitedindividualsunderthelaw...”United prevent possessionofarmsbypersonsrecognized on allprivatefirearmtransfers…inorderto pursuit oflegislationrequiringbackgroundchecks efforts tocurbviolencethatincludethecontinued the obligationtoeffectivelyprotectalsorequires “[T]he HumanRightsCommitteehasfoundthat 5.1 BACKGROUNDCHECKS standards. to ensurethattheymeettheseinternational the acquisition,possessionanduseoffirearms steps tourgentlyreformitsregulatorysystemfor VALARIE JACKSON

Report oftheUNHighCommissioner for HumanRights 692

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 107 or by For more 709 711 who sell and transfer who sell and transfer Thirty-one states have 705

706

704 Purchasers may also avoid and, as a result, almost 3 and, as a 707 708 703 and that, in general, where background 710 sale checks have been carried out in accordance with there applicable, state law, where federal or, are reduced levels of gun violence. on failure to address loopholes in the federal background check system, see Section 4.1.6. background check: (1) by arranging a purchase background check: (1) by arranging FFL; (2) through a private seller rather than an than three if the background check takes more permit working days; (3) if they have a firearm the from a state where such a permit overrides check; federal requirement to pass a background or (4) by presenting false or forged identification be verified documents which are not required to at the point of sale. ways, background checks in numerous other (someone including by using a straw purchaser who buys a gun for someone else), purchasing from a “dirty dealer” (dealers who intentionally violate or fail to comply with the law) purchasing firearm parts separately and building a “ghost gun” (a self-manufactured firearm without a serial number). Surveys and research have established that large numbers of gun owners in the USA have not undergone a background check at the point of background checks background a from obtaining have been stopped million people an FFL. firearm through parties unlicensed dealers, private However, at gun shows and on internet and private sellers Armslist platforms such as the scope of the Brady Act firearms fall outside to conduct a background and are not required sale of a firearm. This creates check prior to the Nineteen states and a dangerous loophole. laws which require D.C. have enacted Washington, on some, or in nine states, all, background checks private sales of firearms. no such requirement. There are four ways an individual purchasing required a firearm may circumvent a legally He evaded 698 697 The capital 699 Since 1998, when the 700 702 All eight individuals were killed. individuals were killed. All eight police issued an arrest warrant police issued an arrest 693 On 9 July 2015, the month before On 9 July 2015, the 696 695

(see Chapter 2), all federal firearms 694 701 relevant civil orders. NICS system became operational, the FBI has processed more than 257 million online comprehensive background checks prior to the sale of a gun. They can use the National Instant Criminal Background Check System (NICS), through the FBI, to search three separate national databases to check on potential purchasers’ mental health and criminal histories and any Under federal law, specifically the 1993 Brady Under federal law, Act licensees (FFLs) – more commonly known as federal firearms dealers – must conduct Background checks prior to firearm purchases are Background checks prior to firearm ending up in a crucial safeguard against firearms the hands of those likely to misuse them. checks to buy a firearm through a federally licensed checks to buy a firearm through a federally Instead, he purchased a 9mm handgun over dealer. the internet through a private sale. was pending murder case against the alleged shooter at the time of writing. to beat her 10-year-old son with a belt. to beat her 10-year-old of his arrest and law enforcement had no indication whereabouts until the night of the killing. shooter Because of his criminal record, the alleged background would not have cleared the necessary her with a knife and he was sentenced to nine her with a knife and months in jail. the mass killing, Valerie for the alleged shooter after he slammed trying head into a refrigerator while he was Jackson’s child. reports, the alleged shooter According to media least five years in prison for five previously served at Jackson Valarie armed robbery. felonies, including order when he threatened was granted a protection six and 13, were allegedly shot by Jackson’s former by Jackson’s were allegedly shot six and 13, an a home through when he broke into partner, window. unlocked own shooter’s children was the alleged One of the 108 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE gun purchasesfromunlicensed sellers. Most statesdonotrequire backgroud checksfor country. public safetyandthelivesofpeopleacross source ofgunsusedincrimes, private partiesandatgunshowsisawell-known background check. firearms intheUSAweretransferredwithouta November of2015,concludedthat22% acquisition viasurveysconductedinApriland researchers examiningvariousaspectsoffirearm In 2017HarvardandNortheasternUniversity purchasers. to conductbackgroundchecksonpotential individuals andothersnotclassifiedasFFLs the failuretorequireunlicensedsellers,private law governingbackgroundchecksonfirearmsis The mostfrequentlyexploitedgapinfederal #1: EXEMPTIONFORPRIVATE SALES 5.1.1 BACKGROUNDCHECKFAILURE relevant evidence. by competentauthoritiesdrawingonallavailable or others,basedonacase-by-casebasisreview presents aheightenedriskofharmtothemselves history ofdrug/alcoholabuseoriftheperson violence; and(iv)medicalconditions,including a historyofgender-based, sexualordomestic being underindictmentforafelonyoffence;(iii) record, particularlyforviolentoffences;(ii) should include,ataminimum:(i)priorcriminal factors formisuse.Riskconsideration possession toconfirmtheabsenceofknownrisk transfers beconductedpriortosaleortransferof background checksonallfirearmpurchasesand to acquireguns.TheUSAshouldrequirethat in securityandscreeningforthoseattempting for firearmpurchasestoaddressdangerousgaps yet tomodifyrequirementsonbackgroundchecks Despite thisclearevidence,however, theUSAhas 712 Theacquisitionofgunsfrom 713 jeopardizing Nevada, NewYork, Oregon,RhodeIsland, (California, Colorado,Connecticut,Delaware, for atleastsomeprivatesales. regulations thatrequirebackgroundchecks Nineteen statesandWashington, D.C.have still berequired. However, ifconductedbetween conducted throughFFLs,background checkswill a backgroundcheck.Ifonline gunpurchasesare through whichfirearmscan bepurchasedwithout Online marketplacesalsoprovide achannel gun show. background checkwheneverafirearmissoldat In addition,Illinoisrequiresapointofsale handguns, notlongguns. check requirement,butonlyforthepurchaseof North Carolina)havethispermitandbackground Four states(Iowa,Michigan,Nebraska,and sale backgroundcheck. in ordertobuyanyfirearm,insteadofapoint obtain apermit,issuedafterbackgroundcheck, New Jersey)requireallfirearmpurchasersto Four states(Hawaii,Illinois,Massachusetts,and long guns,likeriflesandshotguns. background checksonlyforhandgunsbutnot Maryland andPennsylvaniarequirepointofsale unlicensed privateseller. of whethertheyarepurchasedfromanFFLor and transfersofallclassesfirearms,regardless background checksatthepointofsaleforallsales Washington, andWashington DC)requireuniversal ANY GUNPURCHASESFROMPRIVATE SELLERS: STATES THAT DONOTREQUIREBACKGROUNDCHECKSON 715

714 Ten ofthose AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 109

724

728 722 the danger resulting Default proceed sales 726 727

729 Although he should have been a Although he should without informing the FBI or ATF. 721

723 725 EMANUEL AME CHURCH INEMANUEL AME CHURCH CAROLINA CHARLESTON, SOUTH The ATF is the organization tasked with retrieving is the organization The ATF of guns obtained through default proceed sales the which are later denied. Unfortunately, understaffed and is reportedly seriously ATF underfunded. Under federal law, if an FFL initiating a if Under federal law, three background check is not informed within state business days that the sale would violate the dealer may proceed with and/or federal law, the sale proceed” This gap is often referred to as “default sales. only a While default proceed sales represent by FFLs, small percentage of all firearm sales around 300,000 in 2016, This is particularly so from these sales is clear. a recent in the case of domestic violence where government report confirmed that FBI agents take longer to complete background checks where there have been domestic violence convictions than with other prohibited buyers. that were subsequently denied following delayed background check information allowed 6,700 individuals convicted of domestic violence to obtain guns between 2006 and 2015. 5.1.2 BACKGROUND CHECK FAILURE FAILURE CHECK 5.1.2 BACKGROUND THAN LONGER TAKE THAT #2: CHECKS DAYS THREE who had a criminal In 2015, Dylann Roof, nine African Americans record, shot and killed Church in Charleston, South at the Emanuel AME Carolina. to purchase the he had been able prohibited buyer, his background check was gun two months earlier; business not processed within the requisite three sale of the gun days, so the seller proceeded with the later used in the mass shooting.

719 718 If they are in different If they are in different 716 720 717 firearms perform background checks through FFLs, so that a record of sale is made and a background check is conducted by an independent and licensed dealer. US--sourced guns were used to commit crimes in nearby countries approximately once every 31 minutes.” The USA should require that all private sellers of by the Center for American Progress noted: “from 2014 to 2016, across 15 countries in North America, Central America, and the Caribbean, 50,133 guns that originated in the United States were recovered as part of criminal during this span, investigation… Put another way, seller, thereby evading a background check. seller, Evidence also suggests that guns purchased in criminal privately in the USA may also be used 2018 study activity in neighboring countries. A imprisoned for firearm-related offenses in 13 imprisoned for firearm-related offenses and who states found that 96% of those surveyed persons” at would have been deemed “prohibited gun with the time of the purchase, obtained the a private which they committed the crime through federal background check. were the Evidence suggests that private sellers crimes by primary source of guns used to commit at the time people who were prohibited purchasers of people they acquired the gun. A 2012 study receive it. in 2011 by the Office An undercover investigation 62% City found that York of the Mayor of New firearms to of online sellers are willing to supply not pass a individuals who admitted they could states that does not require a background check states that does not between private parties. firearms would have to be states, the purchased where a background check received by an FFL, before the purchaser could would be conducted private individuals whether a background check a background check whether private individuals the location of the will depend on is required not be check may A background seller. buyer and in one of the 31 at all if they are both required 110 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE Congress should giveourfederallawenforcement recovering weaponsfromprohibited individuals, “Instead ofspendingvaluable ATF resourceson to maintainproductivity.” lower-priority infrastructureandprogramsinorder resource decisionsandimplementreductionsto has admittedthatit“hashadtomakedifficult because offundingandstaffingissues,the ATF Each ofthesetasksisimportantandyet, them throughdefaultproceedsales. guns fromprohibitedbuyerswhohadacquired in 2017,theFBIissued6,004requeststoretrieve classified as“anyotherweapons”. devices, andcertainconcealableweapons barreled rifles, short-barreled shotguns, destructive applications for“machineguns,silencers,short- significant increaseinNationalFirearmsAct thorough inspections.Therehasalsobeena number ofnewFFLapplicationswhichrequire commerce inrecentyears,includingasubstantial significant increasesinthefirearmindustryand And yet,accordingtotheATF, therehavebeen US$1,258,600 (in2017)toUS$1,293,800. the ATF budgetwasincreasedslightlyfrom have exponentiallyincreased.” 10 years,its“workloadandmissionrequirements budget thathasremainedrelativelystagnantfor Submission, theATF explainedthatdespitea In fact,inits2016CongressionalBudget D.C. PoliceDepartment.” so itissmallerthan–forexampletheWashington, 5000 employees,about2600ofthemareofficers, they don’twantthemtobeeffective…We haveabout dollars. TheNRAdoesnotwantATF togoaway, but given toATF. Thebudgetisjustovertwobillion roadblocks toeffectiveness:lookattheresources are storiesofsubjectivevictories,buttherealso violence, howcanyoumeasureeffectiveness?There “If wedon’tlinkwhatATF doeswithreductions ingun Amnesty InternationalinterviewwithDavidChipman, former ATF SpecialAgent,7December2017 730 735

731 In2018, 733 734 Additionally,

732

are processed. complicated casehistoriesasbackgroundchecks reports notetheneedformoretimetodetermine at increasedriskofdeathorinjury. them down,puttingthemselvesandothers gun formonthsbeforeanyoneisabletotrack The prohibitedbuyermaybeinpossessionofa potential dangerposedbydefaultproceedsales. completion ofbackgroundchecksforFFLsandthe The FBIisawareoftheconcernsabouttimely getting gunsinthefirstplace.” proactively stopthesedangerousindividualsfrom agencies theresourcesandtoolstheyneedto According toATF regulations, anindividual exempt” states. from anFFL.Thesestates are called“Brady background checkswhenpurchasing afirearm permit, maybeabletoforego federallymandated state authorities,forexampleaconcealedcarry specific firearmlicensesorpermitsbylocal In somestates,individualswhohavebeengranted FEDERAL BACKGROUNDCHECKS #3: INDIVIDUALSEXEMPTFROM 5.1.3 BACKGROUNDCHECKFAILURE check havingbeencompleted. or transfershouldtakeplacewithoutabackground background checkwaitingperiod.Nofirearmsale The USAshouldabolishthethree-dayfederal dangerous loophole. have failedtotakeactionclosethispotentially an extension.However, themajorityofstates a 10-daywaitingperiod,withthepotentialfor requires thatallfirearmtransfersbesubjectto a backgroundcheck. an FFLmayproceedwithoutthecompletionof timeframe orrequiredthatnofirearmsaleby extended thethree-dayfederalbackgroundcheck Amnesty InternationalinterviewwithDavidChipman, former ATF SpecialAgent,7December2017 737 Only17stateshaveeither 738 Forexample,California

Multiple 736

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 111 Since these 755 749

it is missing millions of but regardless of the state,

751 752 754 Louisiana’s concealed handgun concealed Louisiana’s 753 748 750 violations remain underreported. violations are not reported often to NICS, law enforcement may not know that an individual from another state has a prohibiting criminal Even in states which conduct local and history. and permits require character references and other and permits require character references may deter a types of supporting evidence, which potential purchaser. licensing and permit requirements vary However, an significantly from state to state. Moreover, in another individual may have committed a crime may not state of which local law enforcement be aware. For these reasons, a comprehensive, check updated and accurate federal background existing database is critical. While the FBI’s many background-check database catches potential offenders, records of criminal convictions, mental illness diagnoses, and other flags that may be known to local law enforcement agencies but are not reported to NICS. The information which local law enforcement agencies submit to the FBI databases varies across the country, domestic violence, mental health and drug abuse Louisiana’s concealed handgun permit and permit and concealed handgun Louisiana’s an qualifies as that the permit ha[d] determined by check required to the background alternative law”. the Brady NICS check and the submission permit includes a the FBI. of fingerprints to 27 states issue firearm As of 5 July 2018, that, according to the ATF, licenses or permits the holder from a federal subsequently exempt before a firearm purchase in background check that state. and permits Some advocates argue that licenses of actually help to increase the effectiveness as they screening potential firearms purchasers who may be are issued by local law enforcement some licenses aware of issues with individuals and

744 741 These 740 The idea is that 739 However, in 2015, However, As a result, the ATF As a result, the ATF 747 743 However, in 2008 an in 2008 an However,

742 746 The background check must be 745 In contrast, in 1998, Louisiana did not have any state permit exemptions. that it “ha[d] reviewed notified FFLs the ATF the purchaser’s FOID card is valid at the time the purchaser’s of purchase. completed by the Illinois State Police by accessing the NICS system. issued a letter notifying FFLs that FOID cards would no longer qualify as a Brady alternative. determination and the The effect of the ATF state law is that gun purchasers must register and then FFLs for a FOID card under state law, must contact Illinois State Police to verify that card to a plaintiff who had been convicted of card to a plaintiff who had been convicted several federal crimes. were no made a determination that FOID cards check longer compliant with federal background The ATF standards as set out in the Brady Act. into effect in 1998, Illinois Firearms Owner into effect in 1998, Illinois Firearms a valid Identification Cards (FOID cards) were Brady alternative. state police Illinois appellate court decided that a FOID had abused its discretion in denying determinations are subject to judicial review determinations are subject to judicial is able to grant or revoke state license and the ATF decisions or permit exemptions based on court and state legislative action. For example, when the Brady Act came check that the FBI would perform at the point of check that the FBI essentially equivalent and are sale so that they are The final determination therefore “Brady exempt.” is “Brady of whether a state or local investigation exempt” is ultimately made by the ATF. purchase and where the state or local license or purchase and where investigation that satisfies permit required an local law. federal, state, and law enforcement issue a when state or local they are performing the same license or permit, is exempt from a NICS background check if from a NICS background is exempt allowing them to a license or permit they have a firearm” that was acquire, or carry “possess, prior to the attempted the five years issued within 112 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE An independentgovernment investigationin documents. FFL mustvalidateapurchaser’s identification there isnoprocessmandatedthroughwhichan or transferofafirearmtakesplace. issued byagovernmententitybeforethepurchase individuals presentvalidphotoidentification Under federallaw, FFLsmustrequirethat #4: FAILURE TOCHECKIDENTIFICATION 5.1.4 BACKGROUNDCHECKFAILURE a firearm. background checkforeachandeverypurchaseof to purchaseandamandatorycomprehensive would alwaysrequirebothalicenseorpermit a comprehensivescreeningprocess,which hands ofthoselikelytomisusethemisthrough for ensuringthatfirearmsdonotendupinthe FFLs isasignificantloophole.Thesafestmethod background checksatthepointofsalefrom become prohibitedpurchasers,fromNICS including thosewhomayhavesubsequently The exclusionofstatelicenseandpermitholders, and revoked442. renewed 87,983concealedcarryhandgunpermits and theendof2017,Louisianaissued gaining itsBradystatepermitexemptionin2015 permit” atanytime. holder remainseligibletopossessthefirearm “revocation’ checks…todetermineifthepermit Local permitissuingagenciesmayperform personnel, fundingandpoliticalrestrictions. revocation checksisnotuniformandsubjectto subject toabackgroundcheck.Enforcementof that infuturetheprohibitedpurchaserbecomes license orpermitisproperlyrevokedandensure Also, thereisnonationalsystemtoensurethatthe state arenotlikelytoshow-up. background check,crimescommittedinanother state backgroundchecksinadditiontotheNICS 759 758 Forexample,between 756 760 However, 757

luck atdifferentdealers. allowing aprohibitedpersontokeeptryingtheir track failedpriorattemptstopurchaseafirearm, analysis oftheNICSsystemfoundthatitdidnot law requirements. identification thatappearstomeetthefederal information, thereisnowaytoflagafalse negative checks,lookingonlyfordisqualifying states. not forwardedtotheNICSsystembyindividual non-criminal disqualifyingrecordswereoften identifications. there wasnocriminalrecordsattachedtothose buyers withfalseidentificationdocumentswhen that theNICSsystemwasunabletoidentify New MexicoandArizona)from2001,found five states(Virginia, West Virginia,Montana, unnoticed orunreported. it islikelythatmanyofthese purchasesgo using fraudulentorfalseidentification because know howmanyfirearmsare actuallypurchased same period. increase innumberofgunstheUSAoverthat categories sincetheearly2000saswell surprising giventheexpansionofprohibited fallen sharplysince2003. persons attemptingtopurchasefirearmshave Federal prosecutionsforalldenialsofprohibited statute. were 533federalprosecutionsbasedonthis ammunition. to deceive”anFFLinorderobtainafirearmor misrepresented identification,intendedorlikely or tofurnishexhibitanyfalse,fictitious, any falseorfictitiousoralwrittenstatement a singlestatute,makingitunlawfulto“make purchasing agunwithfalseidentificationinto Federal lawgroupsbothstrawpurchasingand identification aremuchmoredifficulttotrack. of thefirearm,butpurchasesmadethroughafalse purchasers’ byfollowingthechainofpossession Trace dataprovidesamechanismtoidentify‘straw 762 767 BecausetheNICSsystemperforms

766 769 761 Between2013and2017,there Unfortunately, itisimpossibleto A2012studyalsofoundthat 763 Worryingly, a2017gap 764 768

Thisisparticularly 765

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 113 If the background check If the background 773 then, depending on the state, either a then, depending on the state, either 774 checks experienced rises in number of homicides between 2009 and 2016, yet the overall average for those states decreased in terms of homicides caused by firearm. These states also had lower levels of gun violence across the board than states The USA should ensure that federal, state and The USA should ensure that federal, accurately, local agencies are reporting records to the FBI completely and as soon as possible also ensure for inclusion in the NICS. It should support that adequate funding and technical improvements have been put in place to facilitate by in state systems for reporting (for example methods creating systematic and comprehensive and to for automated entry of eligible records) report penalize federal agencies that do not records. 5.1.6 BACKGROUND CHECK FAILURE TO ADDRESS LOOPHOLES #6: FAILURE IN THE FEDERAL BACKGROUND CHECK SYSTEM While data is relatively limited, one study found that all states with universal handgun background to federal sources, for example mental health mental health sources, for example to federal orders. domestic violence records and background checks call for additional States may individual purchases a firearm to be run when an 21 states require this from an FFL, but only additional precaution. if sale is denied. However, is not cleared, the is needed, the case is referred more information Services Criminal Justice Information to the FBI’s requests the additional division, which then and state law enforcement information from local to make a final determination agencies in order As discussed above, on the individual purchaser. business if this process takes longer than three days, Section 5.1.2) default proceed sale is allowed (see or state law may grant additional time.

772 770 In other words nearly 70% in state databases by the close 771

federal databases. As a result, POC states have access to records that may not have been reported States which rely on their own local or state agencies to conduct background checks are called “Point of Contact” (POC) states. In POC states, background checks often involve searches in local and state databases and do not rely solely on states and Washington D.C. rely solely on the FBI states and Washington to conduct background checks and do not require any additional background checks to address the disparity in records. of warrant records are not available in the NICS of warrant records are not available database. conduct States have the option of having FFLs or their own background checks through the FBI 29 currently, local and state agencies. However, For example, a 2017 Bureau of Justice Statistics For example, a 2017 Bureau of Justice active report noted that there were 7.8 million warrant records in the of 2014, but only 2.1 million documented NICS database. A key criticism of the NICS system is consistent A key criticism of the NICS system is either underreporting by state and local agencies, at all, or by by failing to report relevant records the failing to report complete records, making ineffective. database incomplete and potentially In conducting a background check on potential In conducting a background draws from three main purchasers, the FBI (2) the Interstate databases: (1) NICS; Crime Identification Index; and (3) the National Information Center. 5.1.5 BACKGROUND CHECK FAILURE CHECK FAILURE 5.1.5 BACKGROUND FEDERAL IN DATA # 5: INCOMPLETE DATABASE In order to combat the use of fraudulent combat the use In order to be purchases, FFLs should in firearm identification of a purchaser to verify the identification required databases. to state motor vehicle by linking 114 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE can reducegunviolence,the USAhasfailedto compelling evidencethatbackground checks Despite thiswidespreadsupport andthe law enforcement, health professionals, representing publichealthresearchers, background checksalsoextendstoorganizations background checks.Supportforuniversal gun ownerssurveyed 97% ofallAmericans background checksonallfirearmsales. There isbroadpublicsupportforuniversal exponentially increased. originating fromwithinthestateofMissourihad from crimes purchased “new”firearmswerebeingrecovered demonstrated thattwiceasmanyrecently those fiveyears. fact, theUSmurderrateactuallydeclinedover states didnotexperiencesimilarincreases;in committed byfirearmsgrew16%. 25%. 2012 andthefirearmhomiciderateroseby Missouri increasedby14%between2007and the repealandfoundthatmurderratein homicides andviolentcrimesinthestatefollowing Researchers studiedandtrackedfirearms-related on anyonepurchasingahandguninthestate. firearms dealerstoperformabackgroundcheck licensing lawwhichforover90yearshadrequired In 2007,Missourirepealedapermit-to-purchase using firearms. trafficking sellers, encounteredsignificantlylessfirearm requirements forfirearmpurchasesfromprivate states withuniversalbackgroundcheck Also, takingpopulationdisparitiesintoaccount, killed onduty. an intimatepartnerand53%fewerpoliceofficers fewer womenkilledinfirearm-relatedviolenceby that deferredtothefederalstandard,with47% 778 Inthesameperiod,rateofsuicide 776 781 andsubstantiallyfewersuicides 775 andthatthenumberofcrimeguns 777 780 790

Mostsignificantly, research andeducators. 787 785 784 doctors, havesupporteduniversal 782 andupto85%ofall

788 pediatricians, 791 779

786 Bordering 783 mental Upto 789

Governments shallincorporateintotheirnational by preventingsmallarmsviolenceprivateactors, “In ordertoensuretheprotectionofhumanrights FIREARMS AND REGISTRATION OF 5.2 TRAINING,LICENSING prevention relatedtothesepolicies. and developviablestrategiesforgunviolence the saleandtransferoffirearmstoresearch research theimpactofbackgroundcheckson The USAshouldfundagenciesliketheCDCto discussed inthissection. address thedeadlyloopholesinfederalgunlaws right tolifeandthe securityofperson,as fulfill itsduediligenceobligations toprotectthe are atriskofmisusingthem. TheUSAisfailingto firearms areendingupinthe handsofthosewho transactions ordispositions”. registration offirearms,firearmowners,or prohibits theestablishmentof“anysystemfor carry firearms.Indeed,federallawspecifically registering individualswhopurchase,possessor comprehensive systemfortraining,licensingor The USA,however, hasnotadoptedanationwide the acquisition,possessionanduseoffirearms. Almost allcountriesaroundtheworldregulate licences”. Governments shallrequireperiodicrenewalof criminal record,andprioractsofdomesticviolence. factors: age,mentalfitness,requestedpurpose,prior into consideration,ataminimum,thefollowing training inproperuseofsmallarms,andshalltake Before issuingalicence,Governmentsshallrequire arms bypersonswhoareatriskofmisusingthem... laws licensingrequirementstopreventpossessionof submitted byBarbaraFrey, SpecialRapporteur, 8 Prevention ofhumanrightsviolationscommitted with smallarmsandlightweapons August 2006,para.10 793 Andasaresult, , Finalreport 792

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 115 798

Implementing 795 796 As reflected in the table below, only As reflected in the table below, 797 license to purchase a firearm. At a minimum, the individual seeking to purchase a firearm should be able to show competence in use of the gun, gun safety and safe storage, as well as first aid and demonstrate knowledge of applicable firearms laws. crimes. OF5.2.1 TRAINING ON THE USE FIREARMS for those wanting to own, use, or carry Training store it a firearm on how to load, operate and And is a critical step in ensuring public safety. researchers yet, in a recent study conducted by only at Harvard and Northeastern Universities, any 61% of gun owners surveyed had undergone of gun owners firearm training, even though 80% surveyed indicated that they agree an individual should undergo firearm training before operating a firearm. seven states require some form of firearm training prior to purchasing a firearm. States should mandate firearms training and testing, before an individual may receive a access to a firearm, lax laws in other states a firearm, lax laws access to measures. For the impact of these undermine of the most stringent California has some example, Nevada has some but neighboring firearm laws, gun laws in the country. of the least restrictive firearms training, Nevada does not require licensing or registration. where registration data indicates that Available with licensing and laws have been combined owners, it is more difficult training of firearm at risk of misusing for criminals and individuals one. a firearm to access these safeguards and procedures enhances use, aids accountability for firearms and their persons law enforcement in disarming prohibited and and those in illegal possession of firearms, contributes to investigations of firearm-related

794 even if certain states manage to enact fairly robust and strict training, licensing and registration obligations before allowing an individual to have carry or concealed carry permits. And 12 states require no permits, licensing, training, registration or background checks (other than those required by federal law) prior to purchase of a firearm. The huge variation in state approaches means that license or permit. Some states require firearms to be registered with law enforcement agencies, although most do not. Some states require training on how to use firearms, but most do not. Some states require training prior to issuance of open carry (carrying a concealed firearm) is legal in all carry (carrying a concealed firearm) a concealed states, but only some states require an carry license or permit. Open carry (carrying in many unconcealed firearm in public) is legal states and only some of those states require a individual. licensing, and registration in relation to Training, vary greatly. firearms are regulated by states and obtain a Some states require an individual to Concealed license or permit to purchase a firearm. handgun licenses and concealed carry permits). handgun licenses and concealed carry that While Amnesty International recognizes many states use these terms interchangeably, for the international standards require licenses by a private purchase or carrying of any firearm that are effectively licenses. Additionally, in some licenses. Additionally, that are effectively is required to obtain a permit states an individual or concealed) a firearm. in order to carry (openly various ways, These permits are also classified in concealed depending on the state (for example, individual must obtain a license from the state. individual must obtain in various forms, depending This licensing comes for example, a license on the state and includes, permit to purchase a firearm, to own a firearm, or registration requirements safety certificates is required under international human rights law. law. human rights under international is required terms “license” and be noted that the It should in this context. are used interchangeably “permit” to purchasing a firearm, an In some states, prior 116 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE by obtainingpermitsfromstates withweaker residents canavoidregulations andrequirements in ensuringtrainingrequirements aremetas training requirementsmay face challenges even stateswithadequateorcomprehensive states. Thesereciprocityagreementsmeanthat grant reciprocityforconcealedpermitsbetween Inter-state recognitionorreciprocityagreements load, andunloadtheirfirearm. had anyactuallivetrainingonhowtouse,handle, whether concealedoropencarry, mayhavenever in moststatesapersonwhocancarryfirearm, laws requirelivefiretraining. a firearmandofthese,onlyeight states requirealicenseorpermittoopenlycarry before issuingconcealedcarrypermits. states requirenolivefiretrainingexperience live firearmtraining. carry permitholdersfromotherstatestocomplete Minnesota) requirebothresidentsandconcealed Illinois, Maryland,NewJersey, RhodeIslandand residents. live firetrainingrequirementsfortheirown with concealedcarrypermitsystemsimpose Twenty-four statesandWashington, D.C. it isabsolutelynecessary avoid theuseoflethalforcewithafirearmunless use aguninself-defenseandonhowtolimit with attack,includingwhentheymightneedto vital decisionsiftheyareattacked,orthreatened as itfocusesonteachingstudentshowtomake in public.Judgmenttrainingisespeciallycritical increased riskofaccident,mishandlingormisuse openly orinaconcealedmanner, becauseofthe firearm inpublic,whethertheycarrytheirweapon important whereindividualsmaybecarryinga shoot/shoot scenarios.Theseareparticularly judgment trainingandverbalresolutiondon’t should receivelivefiretrainingaswelleffective An individualseekingtocarryafirearminpublic testing priortoissuingalicensecarryfirearm. States shouldalsorequireadditionaltrainingand 800 Sixofthesestates(Connecticut, 801 However, currently, 26 799

803 Thismeansthat

with opencarry 802 Only15 on concealedcarryseeSection5.3.) issuing concealedcarryfirearmpermits.(Formore standards relatedtotrainingobligations,when the weakeststandardsincountry, including reciprocity. Thiswouldrequireallstatestoadopt which wouldmandatenationalconcealedcarry There isalsoproposedfederallegislation permits fromVirginia. Carolina residentshadobtainedconcealedcarry required. from neighboringVirginia,wheretrainingisnot media reportssuggestthatmanyobtainpermits course thatincludesalivefirearmsession, permits arerequiredtocompleteatraining Carolina seekingtoobtainconcealedcarry standards. Forexample,residentsfromNorth for owningaweapon,such as hunting,target a requirementtohave“credible justification” process inmostcountriesaround theworldis so legally. that individualswhopossessafirearmaredoing Licensing lawsareacriticalelementinensuring • • • • categories: from statetostate,butusuallyfallintofourbasic a gun.Thoselicensinglawsthatdoexistvary require apermitorlicensetopurchasepossess owners orpurchasersandmoststatesdonot Federal lawdoesnotrequirelicensingofgun 5.2.2 FIREARMLICENSES Registration lawsthatrequirelicenses. completed requisitesafetytraining;and individual islicensedtopurchaseafirearmandhas Firearm safetycertificatesissuedwhenan firearm); license toremainvalidsolongastheyownthe Licenses toownfirearms(requiringtheindividual’s to obtainapermitpriorpurchasingfirearm); Permits topurchasefirearms(requiringindividuals 805 807 Infactin2013,over370North Acommonfeatureofthelicensing 806 804 but AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 117 In Connecticut, for example, a In Connecticut, for Conversely, a 2014 study of Conversely, 809 810

811 license. Moreover, state firearm licenses should state license. Moreover, minimum not be authorized unless the following prior conditions are met: (i) credible justification age of 21; to purchase; (ii) in general a minimum conducted and (iii) a background check has been factors for indicating the absence of known risk misuse. from FFLs have passed a background check. check. have passed a background from FFLs on gun violence. has a clear impact Licensing as well California and Connecticut, States like thorough licensing D.C. have as Washington, mechanisms. law was passed in 1995. A permit-to-purchase that in the following 10 years 2016 study found in firearm-related homicides there was a 40% drop in the state. its decision to repeal the impact of Missouri’s law showed an increase in permit-to- purchase rates of 25% in the first firearm-related homicide the policy three years and four months following change. can only be The US should ensure that firearms firearms purchased or transferred with a valid

808 by unauthorized individuals or those who have by unauthorized individuals or those law. become prohibited persons under federal licensing laws can ensure that even Moreover, firearms individuals who do not purchase their environments. subject Licenses should be time-limited and to expiry/renewal. The requirement that and renew firearm purchasers and users obtain use licenses regularly protects against firearm people working in potentially high-risk situations people working in readily covered by law in remote areas, not contexts, the USA should enforcement. In most ensure that personal protection is guaranteed secure by law enforcement officials creating While personal protection as a justification could While personal protection exceptional circumstances be applied in highly could be identified, it where a specific threat as a generalized justification should not be used Examples could include for firearms possession. shooting, pest control and, in some instances, in some instances, pest control and, shooting, only be granted Licenses should self-defense. prior to is a credible justification where there purchase. 118 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE SUMMARY OFCURRENTSTATE LAW REGARDINGFIREARMLICENSING&SAFETYTRAINING Delaware Connecticut Colorado Nevada Nebraska Montana Missouri Mississippi Minnesota Michigan Massachusetts Maryland Maine Louisiana Kentucky Kansas Iowa Indiana Illinois Idaho Hawaii Georgia Florida District ofColumbia California Arkansas Arizona Alaska Alabama State 820 819 818 821 823 825 813 816 822 817 Yes- Handgun Yes- onhandguns Yes-All firearms Yes-All firearms Yes-All firearms Yes-All firearms Yes- Hand gun Yes- Handgun devices ammunition All firearms& Yes-All firearms License Req’d X X X X X X only) (Hand gun X Purchase Permit to 824 X X to Own License Type ofLicense X Certificate Firearms Safety X Registration Yes (on Yes Yes No No Yes Yes No No gun) hand guns) long No (on Yes Req’d Training Safety 814 3 years 30 days only) (Hand gun 10 Days 6 years 10 years 5 years 10 years guns 1 yearforlong hand gun; 10 daysfor 3 years 5 years 5 years of License Duration 815

812 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 119

828 in

Duration of License As long as eligible 90 days (hand guns) 5 years 5 years No specified length of time 839 Eight 836 New 837 835 Safety Training Req’d No No No Yes Registration 838 Firearms Safety Firearms Safety Certificate Type of License Type borders. All firearms in the USA should be registered, line with the findings and recommendations of the Special Rapporteur to the UN Sub-Commission on Human Rights on the issue of preventing human D.C. require all firearms to be registered. handguns to be registered. requires all York Six states require certain types of dangerous and restricted weapons to be registered (such as assault rifles/pistols and 50 caliber rifles). states prohibit firearm registration within their License to Own X

827 X Permit to Purchase X X 834 830 Yes- Hand gun Yes- License Req’d firearms Yes-All Hand gun Yes- Hand gun Yes- Indeed, federal law has barred 833 831 832 826 829 State laws and policies on whether registration is required and what types of weapons must be Only Hawaii and Washington, registered vary. owners and their weapons, with the exception of some very narrowly defined types of firearms, such as machineguns. a national registry of almost all firearms. 5.2.3 REGISTRATION OF FIREARMS 5.2.3 REGISTRATION Currently there is no federal law governing firearm registration or requiring the registration of firearm West Virginia West Wisconsin Wyoming Virginia Washington Texas Utah Vermont South Dakota Tennessee Rhode Island South Carolina Oregon Pennsylvania North Dakota Ohio Oklahoma New York North Carolina New Mexico New Jersey State 120 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE SUMMARY OFCURRENTSTATE LAW REGARDINGFIREARMREGISTRATION would enablefederalandstateactorstotrack Firearm registrationincludingthisinformation federal register. would berequiredtoreportforinclusioninthe sale ortransferofownershipfirearmsthatthey and whichrequiresstatestotrackregisterany readily accessibletolawenforcementagencies; theft; whichisdigitizedandsearchable; every transferofpossession,includinglossor national firearmregistrationsystem,whichrecords are registeredthroughthecreationofacentral The USAshouldensurethatallexistingfirearms loss ortheft. transfer orotherchangeofownership,including the nameoflicensedholder, andanysale, (importer ifapplicable),thesourceoffirearm, manufacturer andmodel,caliber, serialnumber, registration wouldincludeinformationonthe Arms ControlStandards guidelines outlinedintheInternationalSmall light weapons rights abusescommittedwithsmallarmsand Connecticut Colorado California Arkansas Arizona Alaska Alabama State 840 andestablishedinternational Firearms Required forALL Registration . 841 Ataminimum,this Handguns Required for Registration X Firearms Must Report New Residents 845 principles ofnecessityandcrediblejustification. possessed byindividualsinkeepingwiththe the numberandtypesoffirearmsthatcanbe In additiontoregistration,theUSAshouldlimit particular recoveredweaponutilizedinacrime. and efficientlytraceidentifytheownerofa are, lawenforcementofficialscouldquickly comprehensive registry, asmotorvehicleslicenses ownership andlicensesweretrackedina and increasesowneraccountability. Iffirearm for enhancedtrackingofrestrictedweapons It discouragesillegalsalesandtransfers,allows firearms legislationmaybeadequatelyenforced. firearm, andmaintainadequaterecordssothat purchasers orareinillegalpossessionofa individuals whohavebecomeprohibited firearms, combatillicittrafficking,disarm type offirearmsanindividualmaypurchase. period, handgun fromthesamedealerduringafive-day report whenapersonbuysmorethansingle Currently, underfederallaw, theATF receivesa 842 butthereisnolimitontheamountand Magazines) & Large-Capacity (Assault Weapons X rifles) & 50caliber (Assault Weapons X Caliber Rifles Weapons or50 of Pre-BanAssault Registration Req’d 846 847 8 44 registry or creationof Prohibit Registration 843 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 121 848 850 851 854 Prohibit Registration Prohibit Registration of or creation registry X X X X 44 8 857 856 853 X (Assault Weapons) X (Assault Pistols) Registration Req’d Registration Assault of Pre-Ban or 50 Weapons Caliber Rifles X (Assault Pistols) 855 X (Hand guns & Assault Weapons) New Residents New Residents Must Report Firearms Required for Required for Handguns Registration Registration 849 852 Required for ALL Required for Firearms X X Registration Registration New Jersey Missouri Montana Nebraska Nevada New Hampshire Michigan Minnesota Mississippi Massachusetts Kentucky Louisiana Maine Maryland Idaho Illinois Indiana Iowa Kansas Hawaii Delaware District of Columbia Florida Georgia State 122 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 11, 2016,AFPPhoto,LauraBuckman, GettyImages Strong’ candlelightvigiloutsideCity HallinDallas,Texas, onJuly in lastweek’s snipershootingtargetingpoliceduringa‘Dallas The HonorGuardplacesfivelarge portraitsoftheofficerskilled IN PUBLIC CARRYING OFFIREARMS 5.3 REGULATING THE Wyoming Wisconsin West Virginia Washington Virginia Vermont Utah Texas Tennessee South Dakota South Carolina Rhode Island Pennsylvania Oregon Oklahoma Ohio North Dakota North Carolina New York New Mexico State Registration Firearms Required forALL Registration X Handguns Required for 858 864

Firearms Must Report New Residents protect them.Ithinkit’s amazingwhenyouthinkthat that Ithinkalawcanhurtcitizens, policeandnot “This isthefirsttime–but a veryconcretetime– Rawlings wentfurther: rifles contributedtothechaos.DallasMayorMike presence of20to30peopleopenlycarryingAR-15 Dallas PoliceChiefDavidBrowndescribedhowthe early accountsreportedmultipleshooters. that theattackwascarriedoutbyalonegunman.But officials werewounded.Itwouldlaterbedetermined protest inthecity. Nineotherlawenforcement as anambushattackonpoliceworkingduringa were killedbyMicahJohnson,inwhatwasdescribed On 7July2016,fiveDallasPoliceDepartmentofficers DALLAS POLICEDEPARTMENT AMBUSHATTACK Weapons) X (Assault Caliber Rifles Weapons or50 of Pre-BanAssault Registration Req’d 859 8 44 X X X registry or creationof Prohibit Registration X 862 861 860 863 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 123

867 This extends to open McDonald v. Chicago, McDonald v. whether an individual 868 , and DC v. Heller DC v. All 50 states and Washington, D.C. allow for some D.C. allow All 50 states and Washington, form of the concealed carrying of firearms in public. 12 permitless carry states allow individuals to carry concealed weapons in public without a permit. • • purpose… Nothing in our opinion should be taken purpose… Nothing in our opinion should on the to cast doubt on longstanding prohibitions the mentally possession of firearms by felons and firearms in ill, or laws forbidding the carrying of government sensitive places such as schools and and buildings, or laws imposing conditions of arms.” qualifications on the commercial sale on firearms in The two most significant legal cases the USA, firearm explicitly allow for virtually all serious ban on control solutions short of a complete firearms (see Chapter 2). and concealed carry of firearms in public. In the absence of a federal law governing either open or concealed carry may carry a loaded firearm in public is a question that has been left up to states. A wide and varied spectrum of state laws govern the carrying of open and concealed however, firearms. Generally, carry is permitted as follows: in a public space, such as a park, grocery store, a park, grocery store, space, such as in a public can act as a force or restaurant, movie theater increasing lethality, given its inherent multiplier, and jeopardizing for injury or death the potential individuals must, at For this reason, public safety. a credible justification not only a minimum, have a firearm, but also for for owning or possessing in public. The USA has a duty carrying a firearm maximizing the protection of to ensure that it is security of person, by requiring the rights of all to the possession and carrying of strict regulation of firearms in public. established In the USA, the Supreme Court has by the that: “Like most rights, the right secured It is “not Second Amendment is not unlimited.” whatsoever a right to keep and carry any weapon in any manner whatsoever and for whatever 866

865 Source: American Journal of Public Health purposes only. This obligation also extends to purposes only. laws regulating the right to carry firearms in public. The mere presence of a loaded firearm out of the hands of those most likely to misuse them. States have an obligation to ensure that possession of firearms is authorized for specific as an internationally recognized exemption from criminal liability in certain restrictively defined circumstances, is not inconsistent with the state’s due diligence obligations to regulate civilian possession of small arms in order to keep weapons allowing open The justification frequently given for is self- or concealed carry of firearms in public the principle of self-defense, defense. However, license or permit. handgun “It is estimated that 9 million U.S. adult handguns owners, or about 1 in 4, carry loaded and 3 million do so every day.” monthly, openly carry firearms in public in most states. openly carry firearms in public in open carry by Most states regulate concealed and “permitless requiring a license or permit, but in concealed carry” states, you can openly carry or any carry any legal firearm in public without locations. “Concealed carry” refers to the practice locations. “Concealed or hidden, gun, loaded or of carrying a concealed, not, in public spaces. firearms Individuals can lawfully carry concealed and in public in every state and can lawfully in Texas. to the practice of carrying “Open carry” refers in plain sight in public a gun, loaded or not, there is a gunfight going on, and you are supposed and you are supposed gunfight going on, there is a the guys are and who to sort who the good to be able are.” bad guys carry a loaded firearm in public It is legal to openly 124 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE of anykind.Nostepsaretaken toensurethat or concealed,withoutfirst obtainingalicense states areallowedtocarryweapons,eitheropenly West VirginiaandWyoming. Residentsofthese Missouri, NewHampshire,NorthDakota,Vermont, Arkansas, Idaho,Kansas,Maine,Mississippi, There are12permitlesscarrystates:Arizona, 5.3.1 PERMITLESSCARRY 5.3.4). the carryingoffirearmsinpublic(seeSection more stringentregulationsareinplacetorestrict which wouldoverrideexistingstatelawswhere efforts toenactfederalconcealedcarrylegislation for doingso.Moreover, therehavebeenrecent in publicwithoutensuringacrediblejustification individuals topurchase,possessandcarryfirearms life andtherighttosecurityofpersonbyallowing others. TheUSAisfailingtoprotecttheright a potentialthreattothesafetyandsecurityof Anyone carryingaloadedfirearminpublicposes public donotposeathreattothesafetyofothers. that armedprivateindividualscarryingfirearmsin have anobligationtakeextraprecautionstoensure of acrediblejustification.Thisisbecausestates including, butnotlimitedto,theestablishment firearm inpublicmustsatisfycertainrequirements that anyoneseekingapermitorlicensetocarry system ofstringentregulationswhichrequire authorities havearesponsibilitytoestablish to misusethem.Inallstates,localandstate end upinthehandsofprivateindividualslikely through whichtheyensurethatfirearmsdonot All stateshaveadutytolawsandpolicies • • of gunsoncampuses. colleges oruniversitiesmustallowconcealedcarry 11 stateshavelawsthatmandatepublic public withoutapermit. 30 statesallowtheopencarryingofahandgunin 870 869

increased dangertolawenforcementandthe spoken outagainstpermitlesscarrypolicies,citing Carolina, SouthDakota,Texas, Wisconsin haveall Indiana, Kentucky, Montana,NewMexico,South across thecountry, includinginAlabama,Georgia, likely tomisuseit.Lawenforcementofficialsfrom ensure thatindividualscarryingafirearmarenot the lackofsafeguardsandproceduresinplaceto legislators opposepermitlesscarrybecauseof Many lawenforcementofficialsandstate international humanrightsstandards. carry inthesestatesisaclearviolationof to establishasystemregulateopen/concealed firearm, orhaveafirearmslicense.Thefailure trained onhowtoproperlyandsafelyhandlea comprehensive backgroundcheck,havebeen those carryingfirearmsinpublichavepasseda safety andgunviolence.(Photoby ScottOlson/GettyImages). around theworldtocallforlegislative actiontoaddressschool shooting onFebruary14thatleft17dead,aretakingplace events, organizedbysurvivorsoftheParkland,Floridaschool 24, 2018inKilleen,Texas. Morethan800MarchforOurLives stage acounter-protest nearaMarchforOurLivesrallyon March Advocating fortherightsofgunowners,agroupdemonstrators 5.3.2 OPENCARRY INPUBLIC mental healthscreening.” providing forthebasicfundamentalsofgunsafetyor that threatensthesafetyofourcommunitiesbynot of ourcitizens,Icannotsupportanabsurdconcept “While Ifiercelydefendthe2 public atlarge. Montana GovernorSteveBullock,2017 871

nd Amendmentrights 873 872 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 125

881 882 879 Association After police 880 Only six states enforce an 878 877 Steve Loomis, President, Cleveland Police Patrolmen’s Patrolmen’s Steve Loomis, President, Cleveland Police Jonathan Ames (C) and other gun rights advocates shout ‘U.S.A.’ at protesters across the street during an Open Carry rally on The rally was led by Joey May 20, 2018 in Seattle, Washington. Gibson, leader of the Patriot Prayer group, who is running for US Senate as a Republican. (Photo by Karen Ducey/Getty Images) suspension of open carry policies during particular suspension of open carry policies during the events because of their concerns about events safety of officers tasked with policing where individuals may be armed. and ambushes in both Baton Rouge, Louisiana, media outlets reported that law Dallas, Texas, with the enforcement officers were struggling dangerous implications of open carry. around with “When you have all these people running bad guy is.” guns and rifles, you don’t know who the “The armed men were not arrested for carrying men were not arrested “The armed weren’t In fact, they into a public library. firearms to a law passed in to leave. Thanks even asked in any be openly carried allows firearms to 2013 that in Kentucky – including family- city-owned facility libraries and parks – there was oriented places like do to stop the men who nothing the police could library to disrupt our meeting and carried guns into a intimidate us.” at polling places reports of firearms Similarly, accompanied by questions during elections were in the 2016 national and of voter intimidation presidential election. places. absolute ban on firearms at polling open carry Law enforcement is also affected by and have on occasion requested temporary

875 876 874 all public buildings in Kentucky. standing outside of the Covington public library where a new member orientation in Kentucky, for Moms Demand Action was taking place. The armed open carry advocates then sat in on the Open carry is permitted in presentations. women’s association. For example, in January of 2016, leaders of the Ohio and Kentucky chapters of Moms Demand Action, a gun violence prevention non-profit organization, had to walk through a group of men openly carrying guns. The men were Moreover, firearms visibly carried in public can Moreover, as a means be a source of confusion, and used an obstacle of intimidation, and as such can be security of to the enjoyment of the rights to life, person, freedom of movement and freedom of firearms is that they are purportedly needed for firearms is that they are purportedly dangerous self-defense and defense of others in having and displaying a situations. However, threat firearm may in fact escalate a disagreement, encounter. or altercation, leading to a deadlier impose restrictions on who may openly carry impose restrictions on who may openly subject to open firearms, what type of gun may be permitting requirements and/or restricted carry, zones where open carry is not permitted. of loaded The premise for allowing open carry A protester open carries a rifle during clashes with counter- A protester open carries Park, during the ‘Unite the Right’ protesters at Emancipation Virginia. Rally in Charlottesville, carry of Forty-five states currently allow open states firearms in public in some form. Some 126 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE CONCEALED CARRY INUSSTATES ASOFJULY 2018 check; havebeentrainedonanddemonstrated places havepassedacomprehensivebackground individuals carryingfirearmsopenlyinpublic or permitforopencarryinpublictoensurethat for doingso.Allstatesmustrequirealicense in publicunlessthereisacrediblejustification All statesshouldprohibitthecarryingoffirearms Williams/CQ RollCall)o Loans ArenainCleveland,Ohio,July19,2016.(PhotoByTom firearms neartheRepublicanNationalConventionatQuicken Members oftheWest OhioMinutemenpracticetheirrighttocarry Wyoming West Virginia Vermont North Dakota New Hampshire Missouri Mississippi Maine Kansas Idaho Arizona Alaska public withoutapermit concealed weaponsin individuals tocarry States thatallow 883

Wisconsin Washington Texas Tennessee South Carolina Oklahoma Ohio North Carolina New Mexico Nevada Nebraska Michigan Louisiana Kentucky Florida the issuingauthority provide nodiscretionto “Shall Issue”statesthat Virginia Utah South Dakota Rhode Island Pennsylvania Oregon Montana Minnesota Iowa Indiana Illinois Georgia Colorado Arkansas Alabama amount ofdiscretion authority alimited that providetheissuing “Shall Issue”states individuals tocarryconcealedweaponsinpublic concealed carryoffirearms. In factbefore1980,onlyfivestatespermitted weapon, aswellwheretheycanbecarried. laws, expandingbothwhocancarryaconcealed many stateshaveweakenedtheirconcealedcarry greatly fromstatetostate. required tolegallycarryaconcealedfirearmvaries and Washington, D.C.,althoughthestandard Concealed carrylawsnowexistinall50states 5.3.3 CONCEALEDCARRY IN PUBLIC shoot/don’t shootscenariostraining effective judgmenttraining,verbalresolutionand and firstaid;havereceivedlive-firetraining, competence inuseofthefirearm,safety, storage, without apermit. 887 New York New Jersey Massachusetts Maryland Hawaii District ofColumbia Delaware Connecticut California applicant concealed carrypermittoan wide discretiontodenya grant theissuingauthority “May Issue”statesthat 884 886 Sincethe1980s Twelve statesallow 885

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 127 The failure of all states 896 895 For example, in 2011 an audit of 894 5.3.4 CONCEALED CARRY RECIPROCITY 5.3.4 CONCEALED CARRY LEGISLATION The USA is currently considering federal legislation mandating national concealed carry criminal warrants, with domestic violence criminal warrants, with domestic violence a injunctions and others at risk of misusing firearm. system revealed that permitting North Carolina’s concealed the state failed to track and revoke the ineligible carry permits of individuals who became because of to carry a concealed loaded firearm and convictions for felonies, violent misdemeanors domestic violence. and national Data and research, both at the state legislation level, on the impact of concealed carry is scarce due to numerous state policies that block public access to concealed carry permit holders’ identities and records. to enact stringent concealed carry laws affects the safety and security of all individuals, putting lives at risk and jeopardizing law enforcement officers tasked with protecting against the misuse of weapons and guarding the public. no guarantee that those individuals who legally who legally that those individuals no guarantee public have passed firearms in carry concealed check; have been background a comprehensive and safely handle how to properly trained on licensed; have received a firearm; have been training including live fire, additional enhanced training, verbal resolution, effective judgment scenarios training; or have and shoot/don’t shoot for carrying a firearm in credible justification public. their many states have dismantled Conversely, removing background check permitting systems, requirements and other critical precautionary steps. In some states systems are ineffective, individuals resulting in permits being issued to including prohibited from possessing firearms, people convicted of felonies, with outstanding 893

891 Seven 888 held that the “good Washington, D.C. still Washington, 892 However, you must be 21 you must However, 889

890 authorization to disclose mental health records. The failure to establish uniform stringent laws concerning concealed carry means that there is reason” law was categorically barred by the Second Amendment and a permanent injunction was placed on the enforcement of the good reason requirement. requires training, a statement of eligibility and an In Washington, D.C., the application for a In Washington, concealed carry permit used to require that you had a good or proper reason for permit. the D.C. Circuit Court in in 2017, However, District of Columbia v. Wrenn firearm in public. years of age, have completed a safety/training including course, submit to a background check, provide fingerprints and and criminal history, photographs. Maryland, Massachusetts, New Jersey, and New Maryland, Massachusetts, New Jersey, require gun owners seeking concealed carry York) carry a gun permits to demonstrate their need to requirement in public. In Connecticut there is no for a demonstrated need to carry a concealed wide discretion to deny a permit to an applicant. wide discretion to deny a permit to an In these states there are varied requirements classes including minimum ages, training/safety and comprehensive background checks. Hawaii, of these states (California, Delaware, discretion to deny a permit if, for example, there discretion to deny that the applicant is a is reasonable suspicion or others. danger to themselves D.C. have “may Eight states and Washington, authority issue” laws, which grant the issuing the 30 “shall issue” states provide the issuing the 30 “shall issue” to deny a permit if the authority no discretion requirements. In contrast, person meets these have “shall issue” statutes the other 15 states a narrow degree of that give issuing authorities “Shall issue”, or right to carry states, are states states, are states or right to carry “Shall issue”, are generally issuing authorities where the anyone who meets to issue a permit to required of Half statutory requirements. certain minimal 128 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE all law-abidingcitizens,Istrongly opposeto “While IsupportSecondAmendment rightsfor opposed concealedcarryreciprocity. organizations inthecountry–havevehemently and Sheriffsofthe66largestlawenforcement Association, whichincludestheChiefsofPolice the PoliceFoundation,andMajorCitiesChiefs the InternationalAssociationofChiefsPolice, Nationwide, lawenforcementgroups–including thresholds foragerequirements. permits ofotherstates,eventhosewithlow require allstatestohonortheconcealedcarry as young18.Theproposedlegislationwould Utah issueconcealedcarrypermitstoindividuals to adultsaged21andolder, butstatessuchas across theUSAissueconcealedcarrypermitonly requirements onconcealedcarry. Moststates State concealedcarrylawsalsodivergeonage protective orders. a misdemeanorhatecrime of misdemeanordomesticabuse,stalking, This couldinclude,forexample,thoseconvicted weapon inpublic,directlycontradictingstatelaw. California toallowthemcarryaconcealed another statewithlaxregulationsandthenforce possessing afirearm,couldobtainpermitfrom in theirhomestate,orevenfrompurchasing is prohibitedfromcarryingaconcealedfirearm example, underH.R.38,aCaliforniaresidentwho with stringentconcealedcarrystandards.For be allowedtodosoinanystate,evenstates firearm intheirownstatewithoutapermitwould gun ownerswhoareallowedtocarryaconcealed This proposedfederallegislationwouldmeanthat of thereleasethisreport. considered bytheCommitteeonJudiciaryas Concealed CarryAct(S.446)isstillbeing on theJudiciary. 2017 andiscurrentlypendingwiththeCommittee (H.R.38) passedtheHouseofRepresentativesin reciprocity. TheConcealedCarryReciprocityAct 897 The2017Constitutional 900 898 orthosesubjectto

901

899 or to becomeversedinthelawsofall50states noted thatlawenforcementofficerswouldhave Law enforcementofficersandorganizationshave IACP PresidentLouisM.Dekmar, ChiefoftheLaGrange, to preventgunviolenceandsafeguardthepublic. severely interferewithlocallawenforcement’s ability its owncitizens.Thislegislation,ifpassed,would that doesnotmeetthestandardsstatehassetfor to acceptapersoncarryingconcealed[firearm] and needsineachstate.Nostateshouldbeforced that takeintoaccountthedistinctivecircumstances who isqualifiedtocarryaconcealedfirearm–laws legislation wouldoverridestatelawsthatdetermine endangers thepublicandlawenforcement.This the ConcealedCarryReciprocityActbecauseit in elementary, middle andhighschools,were zones andrestrictingthepresence offirearms in theearly1990s traditionally beenlefttothe states.Lawspassed universities campuses,or“campus carry”,have Policies onthecarryingoffirearmscollegeand 5.3.5 CAMPUSCARRY obligations underinternationallaw. to lifeandsecurityofperson,therebyviolating recognized humanrights,includingtherights individuals, theUSAisjeopardizinguniversally public againstpotentialharmbyarmedprivate By removingsafeguardsintendedtoprotectthe right tocarry. sue lawenforcementofficialsforquestioningtheir also containsaprovisionwherebygunownerscan around thecountry. history thousandsofpermitshavebeenrevoked state permit.Thisistroublingbecauseinrecent enforcement tocheckthevalidityofanout-of- permits, itwouldbealmostimpossibleforlaw there isnonationaldatabaseofconcealedcarry encroached uponandoverridden. state’s rightsregardingconcealedcarrywere regarding concealedcarryovernightastheirown 905

906 904 creatinggun-freeschool Theproposedlegislation Georgia, PoliceDepartment 903 Alsobecause 902 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 129

916 Little Rock

915 918 917 estimated that campus carry estimated that campus 914 Austin, who lost his brother to gun violence lost his brother to Austin, who Professor Minkah Makalani, University of Texas at of Texas Minkah Makalani, University Professor Joel Anderson, Chancellor, University of Alabama at Joel Anderson, Chancellor, impact on academic discourse and the likelihood that individuals on college campuses may be all states in the USA more prone to risky behavior, should ban the carrying of firearms on college and university campuses, in order to ensure a secure environment and afford comprehensive protection to all members of the academic community. and de-escalation and judgment training for and de-escalation and judgment training personnel and on-site security. have spoken Higher education leaders nationwide In 2014, the policy out against campus carry. presidents was opposed by 95% of US college of State as well as by the American Association Colleges and Universities. thought it “None of the presidents and chancellors If you’ve got more guns would make campuses safer. on campus, you create a much more complicated in, and environment for law enforcement to function will be used to then you increase the odds that a gun wound or kill innocent people.” Given the increased risks to security of person resulting from allowing firearms on college and university campuses, and weighing concerns regarding the implied threat of violence and its assumptions. Campus carry undermines this kind of this kind Campus carry undermines assumptions. critical debate.” of firearms on college Increasing the number additional security costs campuses also causes In many cases these for these institutions. not allocated in state budgets additional costs are to re-allocate funding and require institutions For example, a report by the from other sources. Houston Chronicle and University of Texas would cost the University to of Houston US$47 million over six years to provide the required security enhancements gun safes accommodate campus carry including personnel and lockers, additional administrative

908 913 leave the decision 911 As of 2018, 12 states As of 2018, 12 states 909 912

Another 21 states 907 910 believing that, while we might encounter resistance to new ideas, we could safely push our students to think more deeply about their inherited beliefs and casings in Parlin Hall, an academic building. “Allowing guns in the classroom will hinder our ability to teach about controversial subjects such as race and racism and state surveillance, sexuality, chose our profession radical social movements. We also known as “Campus Carry”, went into effect making it permissible for students at 38 public universities to carry concealed guns on campus faculty members at the University of Texas legally, at Austin found threatening messages with bullet where individuals are already more prone to where individuals are already more prone and act risky behavior due to their young age; from as a barrier to education, barring students For example, learning and teachers from teaching. Senate Bill 11 (S.B.11), a month after Texas guns on college campuses can create a climate guns on college campuses can create and staff. of intimidation among some students open and The implied threat of violence can curb introduce free discussion of controversial issues; environment the possibility of deadly force into an on campus to individual colleges and universities. on campus to individual colleges and D.C. have Seventeen states and Washington, weapon on banned the carrying of a concealed college campuses. of allowing There is concern that the recent trend That same year, Utah was the first state to pass Utah was the first state That same year, a campus carry law. to allow guns on mandate public universities campus. carry firearms of whether or not to allow concealed campuses. There were no college/university campuses. There were after prior to 2010. However, campus carry laws on the campus of Virginia the 2010 mass shooting carry which left 32 people dead, campus Tech, adopted by state legislators. laws were quickly followed by a reduction in gun violence on these violence on these by a reduction in gun followed campuses. a is towards allowing the current trend However, guns on college and university greater presence of 130 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE purchaser. violent crimeorinthepossession ofaprohibited market, sometimesreappearing atthesceneofa guns arenotrecoveredandremainontheillegal so impedingtheirinvestigation.Often,stolen from promptlyidentifyingpotentialsuspectsand is difficulttotrace,preventinglawenforcement those responsibletoaccount.Astolenfirearm violations, butalsohampertheabilitytohold crimes. Theynotonlyfacilitatehumanrights others toobtaingunsusedcarryoutviolent market, allowingprohibitedpurchasersand Stolen gunsfueltheundergroundillicitgun 2017. stolen. TherequirementbecameeffectiveinJuly should haveknown,thatthefirearmwaslostor stolen withinfivedaysofthetimetheyknew, or requiring gunownerstoreportfirearmsaslostor In November2016,Californiaenactedanewlaw unsolved. occurred on15January2015.Hismurderremains killing ofthechildaswellanotherincidentthat tests determinedthattheBerettawasusedin Beretta. in Stocktonon9June2016,locatedthestolen Police respondingtoadomesticdisturbancecall boy’s death. was reportedon22March2015,27daysafterthe from AnthonySilva’s homeduringaburglarywhich Mayor AnthonySilva. used tokillhimwaslegallyregisteredStockton County DistrictAttorney, thesemi-automaticpistol Stockton, California. old boywasshotdeadoutsidehishomeinSouth On themorningof23February2015,a13-year- FIREARMS 5.4 LOSTANDSTOLEN 13-YEAR-OLD BOY, SOUTHSTOCKTON,CALIFORNIA 924 922 923 Itwastakenasevidenceandpreliminary AnthonySilvawasnotcharged. 921

919 920 AccordingtotheSanJoaquin Ithadreportedlybeenstolen for AmericanProgress,thestateswithhighest Currently, accordingtoresearchersattheCenter varies fromstatetoandregionregion. stolen frombothindividualsandgunretailers increased substantially. of theftsandthenumberstolenweaponshave robberies ofgunstoresin2012,boththenumber Since theATF begantrackingburglariesand and availabledatasuggeststhatitisontherise. The scaleoffirearmtheftintheUSAisstaggering market forfirearms.” commit crimes,andcreateanunregulatedsecondary with stolenguns,transferarmstootherswho “Those thatstealfirearmscommitviolentcrimes enforcement agencyandthen contacttheATF for law. law andoneforprivatecitizens understate has twopaths,oneforFFLs underfederal The processtoreportalostorstolenfirearm individuals eachyear that 380,000gunsarestolenfromprivate Harvard andNorthwesternUniversitiesestimated a studypublishedin2017,researchersfrom or stoleneachyearthatarenotreported. includes thesubstantialnumberoffirearmslost These numbersaresubstantialandyetneither 2012 and2016. 2010, stolen fromprivateindividualsbetween2005and to theFBI,anestimated1.4millionfirearmswere lost orstoleninnationwide.However, according there isnoprecisedataforthenumberoffirearms stolen firearmsisnotmandatoryunderfederallaw, Because reportingbyprivateindividualsoflostor Carolina, andTexas. Florida, Georgia,NorthCarolina,Ohio,South and gunretailers)are:Alabama,California, number ofstolenfirearms(bothprivateindividuals 932 928 FFLsaresupposedtocall their locallaw Lost andStolen and31,500fromgunstoresbetween Firearms, andExplosives(June2013) 929

2012 ReportofFirearmsReported 927 . , USBureauofAlcohol,Tobacco, 931 926

Thevolumeofguns 930 In 925

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 131 For Georgia 947 948 By obtaining a 951 Increasingly Increasingly Because there are 942 946 944 From 2012-2016, the From 2012-2016, Only a third of US states have 943 945

and recent data confirms that rates 950 and the possession of guns with possession of guns and the 949 941 “straw purchase” – the intentional purchase of firearms for an individual who is seeking to avoid undergoing a required background check prior to owning or transferring a firearm. firearm through a straw purchase, and individual can evade a firearm from being traced back to Currently, there is no federal statute criminalizing there is no federal statute criminalizing Currently, gun trafficking. firearms laws that penalize those who purchase with intent to traffic them. firearms so many gaps in federal and state laws, inadequate can be moved illegally from states with laws to states with stronger gun laws. gun example, firearms stolen from individual through owners’ residences are regularly trafficked describe the “Iron Pipeline”, a term used to states, which the flow of firearms from southern states, have more lax gun laws, to northeastern where gun laws are more stringent. has long been considered a source state for gun trafficking, of gun theft in Atlanta, Georgia, especially from vehicles and individual gun owners have increased significantly. Another avenue through which a prohibited purchaser may access a firearm is through a statutes criminalizing the obliteration of serial of serial the obliteration statutes criminalizing numbers decreased the serial numbers have tampered of these offenses. frequency transfer of guns, moving common is the rapid one buyer to the next, without them quickly from to make crime guns more background checks, difficult to trace. (meaning the time between national time to crime subsequent recovery by law their purchase and FBI trace guns dropped more enforcement) for the time to crime decreased than 1.3 years. While decrease 0.3% between 2012 and 2013, the and 2016 was a staggering 7% between 2015 were meaning that lawfully purchased firearms subsequent being used at a more rapid rate in a crime (see Section 5.4.4). Federal Only 11 940 934 these methods

in an attempt to 939 938 or steal pre-serialized

937 935 If the private owner is unable If the private owner 933 Once stolen, firearm traffickers may 936 While scientists have developed novel methods of circumventing this problem, still have relatively low success rates. occurs. erase serial numbers, purchase “ghost guns” without serial numbers, firearms from manufacturers thwart law enforcement efforts to trace guns. Gun trafficking is the diversion of firearms from the legal commerce stream into the illegal market. Stolen firearms are one of the most common channels through which firearm trafficking must be required to properly secure firearms to must be required to properly secure prevent theft. 5.4.1 GUN TRAFFICKING PURCHASES AND STRAW firearms be immediately reported to local law firearms be immediately reported to duty to ensure enforcement officials. It also has a officials that law enforcement, state and federal stolen investigate, track and recover lost or Gun dealers, sellers and owners firearms promptly. stolen firearms are critical in recovering lost and stolen firearms are critical in recovering from entering stolen firearms and preventing them the hands of the illegal market and ending up in USA has individuals likely to misuse them. The and stolen an obligation to require that all lost are to contact local law enforcement. are to contact local D.C. have laws requiring states and Washington, of lost or stolen firearms the mandatory reporting by private individuals. of lost or Reporting, investigation and tracking they must contact the firearms dealer from whom they must contact firearm, the dealer is tasked they purchased the private owner in filing a proper with assisting the trace request. they their firearms dealer, to make contact with the appropriate paperwork. Private citizens are Private citizens are paperwork. the appropriate a enforcement. If to contact local law supposed in obtaining needs assistance private individual or stolen firearm, number of their lost the serial 132 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE stolen. when firearmsintheirpossession aremissingor states requiringgunowners toalerttheauthorities export firearmsusedincrime2.5timesmorethan reporting requirementsforlostorstolenguns Gun Safety, thosestatesthatdonotimplement According toa2010studybyEverytownfor enforcement. gun ownerstoreportlostorstolenfirearmslaw Washington, D.C.haveadoptedlawsrequiring New Jersey, NewYork, Ohio,RhodeIsland) and Illinois, Only 11states(California,Connecticut,Delaware, not obligedunderfederallawtodoso. unlicensed dealersandindividualgunownersare guns tolawenforcementorgovernmentofficials; under federallawrequiredtoreportlostorstolen of discoveringit. inventory toreportittheATF within48hours knowledge ofthetheftorlossfirearmsintheir Current federallawrequiresFFLswhohave FIREARMS THE REPORTINGLOSTORSTOLEN 5.4.2 THEFAILURE TOMANDATE federal law. are prohibitedfromacquiringfirearmsunder firearms toindividualslikelymisusethemwho legislation toaddressthisavenueforfunneling purchasing offirearms. of stateshaveenactedlawstoaddressstraw under statelaw. Currentlyhowever, onlyahandful required backgroundcheckshouldbeprohibited possession ofafirearmbyproxytocircumvent or thesolicitationofanindividualtoacquire without undergoingabackgroundcheckand/ intent totransferpossessionanotherindividual The acquisitionofafirearm,withtherequisite prohibited purchaserswithfirearms. them. Strawpurchasesareoftenusedtosupply 955

Maryland, Massachusetts,Michigan,

954 953 FFLsaretheonlyentities 952 Allstatesshouldenact would nolongerbeabletoavoidpoliceretrieving involvement incriminalordangerousactivity become prohibitedpurchasersthroughtheir criminal liability. Inaddition,gunownerswho to reportlostorstolenfirearmsfacecivil and canbeheldaccountableiftheyarerequired firearms forotherindividualsareeasiertoidentify guns orregularlypurchaselargequantitiesof because itensuresthatindividualswhotraffic and potentiallyendangerthepublic.Mandatory, the moretimeweaponhastochangehands individual waitstoreportafirearmstolenorlost, them. fall intothehandsofthoseatriskmisusing of recoveringlostorstolenfirearmsbeforethey to givelawenforcementthebestpossiblechance Immediate andmandatoryreportingisnecessary merchandise, didnothave a singlegun-store nine statesrequiringgunstores tosecuretheir example, in2015,NewJersey, oneofthe experience farfewer, ifany, gunthefts.For states requiringcertainsecurityprecautions collected bytheATF shows thatgunstoresin hours displayandstoragerequirements. include suchthingsasburglaralarmsandafter- precautions ongundealers.These Washington, D.C.imposemandatorysafety Pennsylvania, RhodeIsland,West Virginia)and Massachusetts, Minnesota,NewJersey, Only eightstates(California,Connecticut, precautions; itcanonlymakerecommendations. has nopowertorequiregundealerstakesafety burglaries. However, atthefederallevel,ATF weapons aresuccessfulinreducingtheftsand requiring gundealersandstorestosafelysecure Available datademonstratesthatstatelaws REDUCE THERISKOFTHEFT 5.4.3 ENSURINGSECURESTORAGETO them. their weaponsbyclaimingthattheynolongerhad 956 Immediate,becausethelongeran 957 Data AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 133

981 976 978 To put that To

975 979 Two retailers Two 980 At present, the ATF At present, the ATF 977 According to the ATF, of the According to the ATF, 974 That is a marked increase from That is a marked 973

972 Despite the rampant lack of compliance, Despite the rampant 971 top 10 gun stores sourcing guns used in crimes were in either Illinois or Indiana, with six of them located in the suburbs bordering Chicago. in particular were the source of one in every 10 firearms recovered in crimes across the city. in perspective, 0.007% of FFLs were responsible in perspective, 0.007% of FFLs were for 14.6% of all lost and stolen firearms. FFLs to Mandatory inventories would encourage identify maintain better control of their firearms, dealers employee theft and help prevent corrupt from trafficking weapons. dealers to does not have the power to require gun keep complete and updated inventories. CHICAGO CASE STUDY In 2017, the City of Chicago, the CPD and University of Chicago Crime Lab analyzed available firearm trace data between 2013 and 2016 to identify the largest sources of guns illegally possessed, used or suspected of being used in the furtherance of a crime or “crime guns” being trafficked into the city, contributing to more than 500 deaths. The study showed that between 2013 and 2016, the that compliance may be an issue. For example, a issue. For example, may be an that compliance General of the Inspector by the Office 2013 review 62% of FFL dealers indicated that only for the DoJ with federal to be in compliance were found laws. In rarely revokes dealers’ licenses. the ATF less than 0.5% of FFLs were 2017, for instance, revoked. reported that more than 21,535 In 2017, the ATF inventories could not be firearms from FFL accounted for. missing from FFL inventories the 18,394 firearms reported in 2016. were 137,464 registered FFLs in 2017, 102 firearm responsible for 40% of all lost or stolen for almost reports and 10 FFLs were responsible 15% of lost or stolen firearm reports.

965 and, according

This included The ATF’s Houston The ATF’s 964 963

Moreover, due to lack due Moreover, 962 Seventy-two firearms Seventy-two firearms 968 960 Of the total 109 guns stolen

966 967

959 Soon after the robbery, police Soon after the robbery, even though available data suggests And California, which has over 8,000 which has And California, 961 970 958 On average, each FFL is inspected once 969 compliance inspections of merely 8.2% of all FFLs. a decade, conduct more than one annual audit of each FFL without a warrant. investigators of capacity and resources, ATF are unable to perform all of these yearly audits. ATF conducted In the fiscal year 2017, the 5.4.4 REGULAR AUDITS AND OVERSIGHT OF GUN DEALERS AND STORES overseeing FFLs nationwide is tasked with The ATF to and yet federal law does not allow the ATF in the city, only half were recovered in the city, the remaining guns are now in the to the ATF, hands of criminals. four investigations regarding break-ins during four investigations regarding break-ins which resulted in approximately Hurricane Harvey, alone. 109 firearms being stolen in Houston 84 guns were stolen During Hurricane Harvey, from a single store. Worryingly, this was not an anomaly. In 2017, this was not an anomaly. Worryingly, and loss robbery, filed more burglary, Texas reports than any other state. Field Division investigated 32 FFL burglaries and seven robberies in 2017. were stolen and by 2017 only seven had been were stolen and by recovered. men allegedly responsible for arrested two of the have been the theft, but the others believed to involved remain at large. restrictive gun laws, experiences some of the restrictive gun laws, rates of stolen guns. In 2015, highest nationwide were robbed in the three locked semi-trailers Academy Sports + Outdoors, unloading area of Texas. an FFL in Katy, burglary. from only 14 thefts gun dealers, recorded licensed FFLs in 2015. least a state with some of the In contrast, Texas, 134 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE nationwide bythe not. likely tohavetheirgunsstolen thanthosewhodid People whostoredtheirfirearm inacarweremore of gunsaremorelikelytobevictimsguntheft. with themandwhodonotimplementsafestorage possess multiplefirearms,whocarrytheirfirearms researchers alsofoundthatgunownerswho from privateindividualsannually over afive-yearperiod,380,000gunsarestolen and Northwesternestimatedthatonaverage, published in2017,researchersfromHarvard theft fromindividualowners. across thecountryarereportingincreasesingun in theUSA.However, lawenforcementofficials data onthenumberoflostorstolenfirearms stolen firearmsbyindividuals,thereisnoprecise In theabsenceofmandatoryreportinglostor GUN OWNERS 5.4.5 SAFESTORAGEBYINDIVIDUAL keep theirlicenses. keep completeandupdatedinventoriesinorderto law mustbeamendedtomandatethatallFFLs addition tomoreauditsofFFLsbytheATF, federal to strawpurchasersandotherillegaltransfers.In safeguards aswelltheprohibitionongunsales to enforcecompliancewithregulationsand in annualauditsandinspectionsofgundealers ATF agents,stateandlocalauthoritiesengage likely tomisusethemistherequirementthat that firearmsarenotaccessedbyindividuals An essentialfactorinreducingcrimeandensuring occurred shortlyafterthegunwasobtained. that strawpurchasesorillegaltransfersmayhave shorter timertocrimeindicatesthelikelihood 5-45% ofthetimedependingonretailer. A was particularlybrieforlessthanayear, between their purchaseandsubsequentrecoverybypolice) these top10retailers(meaningthetimebetween The “timetocrime”ofthetracedcrimegunsfrom 985 Astudyofguntheftsin25 majorcities Trace foundthatthousands 983 Andinastudy . 984 Thesame 982 The other46statesandWashington, D.C.haveno lawfully possessthem,topreventlossortheft. (or reasonablyshouldknow)arenotpermittedto up whenaroundindividualswhotheownerknows owners tosecuretheirweaponsbylockingthem (California, ConnecticutandNewYork) requiregun to bestoredinalockedplace.Anotherthree Only onestate,Massachusetts,requiresfirearms them isoutofpeople’s cars.” night huntingforguns,andtheeasiestwaytoget “Most ofourcriminals,theygoouteachandevery vehicles aresteadilyincreasing. keep gunsintheircarsandthatguntheftsfrom of firearmsarestolenfromgunownerswho gun owners,salesandsellers. banning theATF fromcreatinga central registryof preventing oversightandauditing ofgunsellersby the FirearmsProtectionAct wasadopted,further ATF’s budgetwassubsequentlycut. reports ofgundealersaleswereblockedandthe however, attemptsbytheATF torequirequarterly crime gunsbysearchingFFLrecords.In1978, Center whereATF agents investigate thesourceof regulate FFLsandestablishedtheNationalTracing Gun ControlActgavetheATF theauthorityto ATF in tracingthefirearminquestion.The1968 law enforcementmayrequestassistancefromthe Once agunisstolenfromanFFLorowner, OR STOLENWEAPONS 5.4.6 FAILURE TORECOVERLOST firearm, intheirhomeorvehicle. sight, withammunitionstoredseparatelyfromthe in lockedboxesorfirearmsafes,outofplain firearms lockedandunloadedsafelystored All statesshouldrequirefirearmownerstokeep place topreventlossortheft. law requiringthatfirearmsbestoredinalocked Atlanta PoliceDepartment 989 991 986

Sgt Warren Pickard, 990 In1986,

988 987

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 135 998 997 999 1000 ROUTE 91 MUSIC FESTIVAL SHOOTING, ROUTE 91 MUSIC FESTIVAL LAS VEGAS, NEVADA A man lays on top of a woman as others flee the Route 91 Harvest country music festival grounds after a active shooter was Nevada. A gunman reported on October 1, 2017 in Las Vegas, Vegas, leaving at least has opened fire on a music festival in Las 2 people dead. Police have confirmed that one suspect has been shot. The investigation is ongoing. The photographer witnessed People take cover at the Route 91 Harvest country music festival People take cover at the Route 91 Harvest country 1, 2017 in Las after apparent gun fire was heard on October the Nevada. There are reports of an active shooter around Vegas, Becker/Getty Mandalay Bay Resort and Casino. (Photo by David Images) 2012 and 2016 only around 11% of stolen 2016 only around 2012 and were recovered nationwide. firearms 5.5 SEMI-AUTOMATIC RIFLES AND ASSAULT LARGE- SHOTGUNS, MAGAZINES, CAPACITY TRIGGER/ BUMP STOCKS, CRANKS AND OTHER GAT DANGEROUS DEVICES This clearly Each trace 996 994 993 In 2017, ATF agents In 2017, ATF 992 This legislation is a major obstacle 995 the basis of analysis of available Uniform Crime Report data, researchers estimate that between The FBI’s Uniform Crime Report is the most Uniform The FBI’s comprehensive federal source for data on guns stolen nationwide, although the failure to report and underreporting of lost or stolen firearms means that it is far from a complete record. On Charles Houser, Division Chief ATF National Tracing Center National Tracing Division Chief ATF Charles Houser, paper records. stands by boxes of gun retailer’s prosecutors. on issues to meaningful comprehensive research and stolen such as straw purchasers, trafficked gun-related guns and the impact of preventative policies; it should be repealed. Through legislation known as the “Tiahrt Through legislation known as the “Tiahrt prohibited is specifically Amendments” the ATF regarding from releasing identifying information firearm ownership, possession or transfer, or to anyone other than law enforcement firearms used in crimes nationwide. firearms used in to check through thousands of might require them or microfilm. boxes of paper records pursuit of has a negative impact on the speedy criminal investigations. making tracing the ownership and possession of making tracing the in a crime or trafficked, a gun ultimately used particularly challenging. trace requests, working with processed 408,000 to track down the sources of police and authorities Without a central federal registry, state and state federal registry, a central Without state piece together enforcement must federal law individual gun ownership. However, records of differ widely, for recordkeeping state requirements 136 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE been usedinaseriesofhigh-profile publicmass with conventionalfirearms, assaultrifleshave Although mostmassshootings arecarriedout the lethalityoffirearmsenormously. other accessoriesenablingrapidfirealsoincrease the firingspeedofasemi-automaticweapon;and weapon; so thattheymimicthefiringofafullyautomatic stocks, whichtransformsemi-automaticweapons threat topublicsafety. Accessoriessuchasbump in amatterofminutesandposesignificant large-capacity magazinescankillmanypeople Shooters usingsemi-automaticassaultrifleswith firearms thatmaybepurchasedatonetime. capacity anditplacesnolimitonthenumberof ban semi-automaticfirearmsorregulatemagazine permit tocarryriflesandshotguns.Nevadadoesnot registration offirearms,licensingownersora rifles, handgunsorshotguns.Itdoesnotrequire Nevada lawdoesnotrequireapermittopurchase accessories likebumpstocks. automatic assaultrifles,large-capacitymagazinesor US federallawdoesnotbanorregulatesemi- from 1,200feetaway. the over20,000individualsattendingconcert Stephen Paddockwasabletoendangerthelivesof and volumeoffirewithwhichhewasequipped, 100 roundsofammunition. held large-capacitymagazinesequippedwith25to stocks (whicheffectivelymimicautomaticfire)and AR-15 rifles,mostofwhichwereoutfittedwithbump Among hisarsenalwereatleast13semi-automatic shooting inmodernUShistory. armed with23firearms.Itwastheworstmass killing 59peopleandinjuring700more.Hewas Music Festivalconcertgoerson1October2017, Stephen PaddockopenedfireonRoute91Harvest unknown. (PhotobyDavidBecker/GettyImages) the manhelpwomanupandtheywalkedaway. Injuriesare 1005 triggerorgatcranks,whichaccelerate 1003 Duetothestrength 1002 1001 1004

as roundsfiredtypicallyachieveavelocityofover Assault rifles,forexample,areparticularlylethal incidents. people died,comparedtofivefatalitiesforother other incidents,andonaveragearoundeight than 13peoplewereshot,comparedtofivefor capacity ammunitionmagazineswereused,more mass shootingswhereassaultweaponsorlarge- between 2009and2015,itwasfoundthatin in 2018.Inareviewof56massshootings dead atMarjoryStonemanDouglasHighSchool in 2017;and13studentsfouradultsshot church memberskilledinSutherlandSprings 58 concertgoerskilledinLasVegas in2017;26 clubbers deadatthePulseinOrlando2016; staff killedatSandyHookin2012;49night shootings overrecentyears:20childrenandsix security ofpersonandthe long-lasting effects potential violationsoftherights tolifeand a matterofmoments–exponentially increasing to injureandkilllargevolumes ofindividualsin weapons andaccessories–namelytheirability Despite thedangersposedbythesetypesof military-grade weapons. officers arenotfacedwithshootersarmed style assaultweaponssothatlawenforcement that theUSAenactlegislationbanningmilitary- Association ofChiefsPolicehasrecommended or liveshootingincident. seeking toprotectthepublicinanarmedattack significant threattolawenforcementofficers and large-capacitymagazinesalsoposea shotguns, semi-automaticsubmachineguns Semi-automatic assaultrifles,semi-automatic increasing thelethality(seeSection4.1). the bulletspath,causingmoredamageand velocity bulletscausedamagethatextendsbeyond wounds causedbybulletsfromahandgun,high Medical careprovidershaveexplainedthatunlike rounds closerto1,000feetpersecond. wounds whencomparedtohandgunsthatfire 3,000 feetpersecond,inflictingcatastrophic 1006 1011 1010 TheInternational 1007 1008

1009

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 137

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Designed for

Today, the Today, 1023 1020 Today the AR- Today 1021

1024 1026 It was designed for combat, It was designed for 1022 1019 The distinction between the terms “assault rifle” and “assault weapon” is critical to understanding the confusion and in some cases, misinformation surrounding these weapons. effective and lethal. As stated in the US Army effective and lethal. As stated in the Field Manual: rapid “it is surprising how devastatingly accurate beyond 25 semiautomatic fire can be. At ranges to meters, rapid semiautomatic fire is superior per target, automatic fire in all measures: shots trigger pulls per hit, and time to hit.” version The AR-15, the semi-automatic civilian until the of the M-16, was not mass produced expired, mid-1980s when its original patent companies opening up the potential for numerous to manufacture the weapons. the “modern sporting rifle” as it or 15 Sporter, is described by gun manufacturers, is the most popular civilian assault rifle on the US market. The National Shooting Sports Foundation, a firearms trade group, contends that AR-15s “are not assault weapons, but rather semi-automatic civilian sporting firearms.” 5.5.1 WEAPONS DESIGNED5.5.1 WEAPONS USE FOR MILITARY as and used were first developed Assault rifles War. the Second World weapons of war during AR-15 (“Armalite Rifle” The USA created the military as the M-16) in the referred to by the late 1950s. was used by and capability, with fully automatic Vietnam War. soldiers during the became the the M-16 quickly maximum lethality, preferred combat rifle. military’s the USA is the more compact military standard for M-4 carbine. M4, no longer Modern assault rifles, such as the This have the capability to go fully automatic. is more is because aimed semi-automatic fire

1014 In keeping 1017 , the Supreme Firearms that met Firearms that met , courts across the 1012 1013 Heller The AWB expired in 2004 and, The AWB 1015 provided examples of potential 1016 District of Columbia v. Heller) District of Columbia v. to human rights, including the rights to life and security of person, the USA is failing to uphold its obligations under international human rights law to protect its citizens from preventable gun violence and loss of life. firearms and referred to bans and regulations on “dangerous and unusual weapons”. with the language of US have upheld state laws banning or regulating assault weapons. In failing at the federal level to regulate weapons which pose such a major threat Moreover, in the landmark 2008 gun rights case Moreover, ( Court possess restrictions on the individual right to It also banned the transfer or possession of any It also banned the transfer or possession hold in excess ammunition magazine which would of 10 rounds. to renew the since that time, the USA has failed ban. law or to pass a new assault weapons Weapons Ban, AWB). Weapons banned certain features on firearms, The AWB assault commonly found on semi-automatic classes of weapons, which encompassed several semi-automatic rifles, pistols and shotguns. with rapid fire and precision and were originally with rapid fire and use. intended for military “assault weapons” were banned the definition of the Violent in the USA from 1994 to 2004 under 1994 (Assault Crime and Law Enforcement Act of national framework governing their possession, use national framework or inventory. rifles and semi-automatic Semi-automatic assault firearms were designed shotguns among other users to hit their targets specifically to allow on victims, survivors and witnesses, there is no there is survivors and witnesses, on victims, A handful of states regulating them. federal law weapons, ammunition do regulate these and cities but there is no uniform accessories, and/or firearm 138 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE right accessoriesand/orlarge-capacity magazines, the AR-15semi-automatic rifle, outfittedwiththe debate, whatisbeyonddoubt isthatfirearmslike Although thedefinitionsmaybesubjectof automatic weapon. technically meetingthelegaldefinitionofan effect asafullyautomaticfirearmwithout automatic rifletogiveitessentiallythesame Accessories likebumpstockscanalterasemi- including thoseinLasVegas andAurora. have beenusedinseveralmassshootings, 30 rounds,however80and100-roundmagazines ammunition. succession beforetheyneedtoreloadwithmore the numberofbulletsthatcanbefiredinrapid accept large-capacitymagazineswhichincrease automatic, theAR-15andsimilarfirearms,can laws. available forpurchaseinaccordancewithstate machine gunsareregisteredundertheNFA and that pre-datetheban. US lawandtheUSA,viaATF, regulatesthose acquired after19May1986,areprohibitedunder Fully automaticweapons,likemachineguns, automatic witha3roundburstoption. M-4 military-gradeassaultrifle,whichissemi- weapon andshouldnotbeconfusedwiththe claim thatthecivilianAR-15isasemi-automatic the AWB. assault pistolsandshotguns,bannedby specific typesoffirearms,includingassaultrifles, term thatismorebroadandcommonlyrefersto The term“assaultweapon”isalargelypolitical meaning itreleasedonebulletpertriggerpull. fire, ratheritwaslimitedtosemi-automatic form, itdidnothavethecapabilityofselective when theAR-15wasreleasedinitscivilianuse submachinegun andriflecartridges. fire acartridgeintermediateinpowerbetween as short,compact,selective-fireweaponsthat term “assaultrifle”,asdefinedbytheUSArmy, 1033 WhilecivilianuseAR-15sarenotfully 1029 GunrightsadvocatesandtheNRA 1034 ThestandardAR-15magazineis 1035 1032

Almost300,000pre-ban 1027 1030 However,

1031 1028

HIGH-CAPACITY MAGAZINES AUTOMATIC SUBMACHINEGUNS AND SEMI-AUTOMATIC SHOTGUNS, SEMI- AUTOMATIC ASSAULT RIFLES, 5.5.2 REGULATION OFSEMI- are banned. an obligationtoensurethatthesetypesoffirearms particularly dangerous. fatal andlife-changinginjuries,makesthem for smallerindividuals,andpotentialcausing rapidly fireammunition. automatic assaultrifleshavethecapacityto the useofaccessorieslikebumpstocks,semi- large numbersofpeopleveryquickly. Evenwithout can allowanarmedindividualtokillandmaim a weapon“prohibited”(like pistolgripsorfolding military characteristicsand featuresthatrendered other weapons/accessories), anddefinedspecific rifles, assaultpistolsandshotguns(among particularly lethalclassesoffirearms:assault AWB regulatedthreeseparatebutdistinctand were notcoveredbytheban. which employedmodifiedcharacteristics,that to theuseofsimilarweaponsandammunition, with large-capacitymagazines; owned andtransferredlegally) of pre-banassaultweapons(whichcouldbe drafted, grandfathering(allowingin)millions because ofthewayinwhichlegislationwas and maybeineffectivefortwomainreasons:(1) that theban’s effectswouldlikelyoccurgradually magazines wereinconclusive. automatic assaultweaponsandlarge-capacity the AWB andthesubsequentfederalbanonsemi- Attempts toevaluatetheeffectongunviolenceof guns andhighcapacitymagazines. automatic shotguns,semi-automaticsubmachine governing semiautomaticassaultrifles,semi- been nofederallegislationinplacespecifically Since theAWB expiredin2004,therehas 1037 1036 TheUSA,therefore,has Theireaseofuse,even 1041 1038 1039 1040 Inaddition,the Studiesfound andfirearms and(2)due AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 139 already and 1045

According to Jan Kemp, 1044 1043 to remain in circulation and to be legally to remain in circulation ban bump-stocks and other devices that allow semi- allow devices that other bump-stocks and ban fully automatic rates. weapons to fire at automatic Since its introduction in the Senate, there has Since its introduction in the Senate, federal been no movement on this piece of legislation. As of June 2018, only seven states D.C. had laws barring or prohibiting Washington, in possession or transfer of firearms included Two states, the definition of assault weapons. regulations Minnesota and Virginia had enacted can be governing assault weapons. State laws of assault characterized based on their definitions weapons, whether they allow grandfathered weapons and the registration, licensing, transfer and location limitations on grandfathered weapons. • legislation, like the this proposed However, weapons those assault would allow AWB, owned likely rendering it possessed and transferred, owners of military-style ineffective (although be required to store them assault weapons would storage or safety device like using a secure gun while the NRA has estimated a trigger lock). And AR-15s in circulation, that there are 15 million of assault weapons in the the actual number USA is unknown. “Those numbers spokeswoman for the ATF: no national registry… don’t exist because there’s are not allowed to have a we Because by law, national registry.”

1042 which would ban the sale, transfer, which would ban the sale, transfer, , trade or gifting of a weapon covered by the bill; prohibit the transfer of high-capacity ammunition magazines; and ban magazines and other ammunition feeding ban magazines and other ammunition feeding of devices that hold more than 10 rounds ammunition without the need to reload; sale, require a background check on any future ban any assault weapon that accepts a detachable ban any assault weapon that accepts a detachable military ammunition magazine and has one or more characteristics; • • • The legislation would also: • and large capacity magazines. In 2017, Senator and large capacity magazines. In 2017, Weapons Diane Feinstein introduced the Assault Ban of 2017 manufacture and importation of military-style and assault weapons, including assault rifles, high-capacity ammunition magazines. and state actors. must enact laws banning The federal government semi-automatic assault rifles, semi-automatic guns shotguns, semi-automatic submachine Even though the AWB may have been limited in may have Even though the AWB loopholes, the underlying its effect due to these loss of life and injury premise – reducing weapons and large-capacity resulting from assault to warrant action by federal magazines – continues rifle stocks). This enabled firearm manufacturers firearm manufacturers This enabled rifle stocks). to designs the ban by modifying to circumvent the avoid falling within same impact but have the class of weapons. restricted 140 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE STATE LAWS REGULATING ASSAULT WEAPONS Nevada Nebraska Montana Missouri Mississippi Minnesota Michigan Massachusetts Maryland Maine Louisiana Kentucky Kansas Iowa Indiana Illinois Idaho Hawaii Georgia Florida Columbia District of Delaware Connecticut Colorado California Arkansas Arizona Alaska Alabama State 1049 1047 1048 x x Only Pistols Assault X X X Name Weapon Specific By Listing Barred 1053 1051 1050 1046 x Weapons Assault not prohibit) Regulate (do 1055 feature) YES (one feature) YES (one Weapon Features of Specific Defined by Prohibition features) YES (two features) YES (two features) YES (two feature) YES (one of Columbia The District YES YES Required Weapons Grandfathered Registration of NO NO YES weapons. assault pre-ban grandfather did not 1054 1052 of Columbia The District YES YES Prohibited Weapons Grandfathered Transfer of YES NO YES weapons. assault pre-ban grandfather did not of Columbia The District YES YES Weapons Grandfathered Required for License YES NO NO weapons. assault pre-ban grandfather did not NO NO NO weapons. assault pre-ban grandfather did not of Columbia The District YES YES Weapons Grandfathered limitations on Location AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 141

Location on limitations Grandfathered Weapons NO NO 1059 License Required for Grandfathered Weapons YES NO Transfer of Transfer Grandfathered Weapons Prohibited NO YES Many researchers evaluating the impact 1060 Registration of Registration Grandfathered Weapons Required YES YES Federal regulation on large-capacity ammunition magazines also lapsed with the expiry of the AWB. of assault weapons and firearm lethality have concluded that perhaps a better measure of the dangerousness of a semi-automatic rifle lies in the capacity of its magazine; that is, how much accept, more than 10 rounds of ammunition.” Prohibition Prohibition Defined by Specific Features of Weapon NO- one feature test only for shotguns. YES (one feature) 1058 x not prohibit) not prohibit) Assault Weapons Regulate (do Regulate (do - 057 1 1046 1056 banned generally as defined by charac teristics of weapon Specific Weapon Name x No. Assault Weapons Barred By Listing Virginia Washington Virginia West Wisconsin Wyoming South Dakota Tennessee Texas Utah Vermont Oklahoma Oregon Pennsylvania Rhode Island South Carolina North Carolina North Dakota Ohio New Mexico New York New Hampshire New Jersey State were defined as: “large capacity ammunition feeding device” as “a magazine, belt, drum, feed strip, or similar device…that has a capacity of, or that can be readily restored or converted to 5.5.3 LARGE-CAPACITY MAGAZINES 5.5.3 LARGE-CAPACITY (AMMUNITION) “large capacity magazines” Under the AWB, 142 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE STATE LAWS REGULATING LARGE-CAPACITY MAGAZINES Gun rightsadvocatesandtheNRAarguethat alone. on guncrimethanabanassaultweapons on suchmagazineswouldhaveagreaterimpact In fact,crimedatasuggeststhataprohibition mass shootingsthanthosethatpermitthem. on large-capacitymagazinesexperiencefewer the enactmentofAWB capacity magazinesincrimesdeclinedfollowing Research demonstratesthattheuseoflarge- magazine. magazine itcanalsoaccepta100-round has theabilitytoaccepta10-rounddetachable killing 27andinjuring20others.Oncearifle rounds ofammunitioninamatterminutes, rounds ofammunition,allowinghimtofirerapid magazines capableofholdingatotal450 semi-automatic assaultrifleandfifteen30-round Springs massshootinginTexas wasarmedwitha For example,theshooterin2017Sutherland suffering. a handgun,thesemagazinesincreaselethalityand to reloadhisweapon.Whetherusedwitharifleor the moreshotsashootercantakewithouthaving ammunition itcanhold.Thelargerthemagazine, Colorado California Arkansas Arizona Alaska Alabama State 1063

x x Banned LCAM 1068 1067 1061 All Firearms All Firearms extends to: LCAM Ban andstateswithbans 15 rounds 10 rounds Capacity Magazine Permissible 1062

No possession No transfer No sale No possession No gifting,andlending, No offeringand advertisingforsale, No maintainingpossessionforsale, No manufacturing,importation, LCAM restrictionsinclude: D.C. haveenactedlawsbanningeitherthesale Currently, onlyeightstatesandWashington should beprohibitedforprivateindividuals. manufacture and/ordistributionoftheseitems all firearms.Possession,sale,purchase,transfer, The USAshouldbanhigh-capacitymagazinesfor up inthehandsofthoselikelytomisusethem. therefore beregulatedtoensuretheydonotend the potentiallethalityofafirearmandshould large-capacity magazinesexponentiallyincrease argument thatwhethertheyarestandardornot, violence preventionadvocatescounterwiththe therefore bepermitted. with anysemi-automaticfirearmandshould more than10roundsofammunitionarestandard large-capacity magazinesorholding pre-ban large-capacitymagazinesarepermitted. involving large-capacitymagazines;andwhether firearms; restrictionsandprohibitionsofactivity whether themagazinebanappliestousewithall the numberofroundsinprohibitedmagazine; large-capacity magazinesaregenerallydefinedby magazines. and/or possessionofneworoldlarge-capacity 1066 Statelawsgoverningthebanof 1064 Researchersandgun X Permitted LCAM Pre-Ban 1, 2017. X (asofJuly NOT Permitted Pre-Ban LCAM 1065

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 143 Pre-Ban LCAM Pre-Ban NOT Permitted x x X X (No ban on possession) Pre-Ban Pre-Ban LCAM Permitted X (but must be registered) No transfer No sale, No offering for sale, No transfer, No possession No sale, No barter, No trade, No gifting, No transfer, and No acquisition No Manufacture, No sale, No offering for sale, No purchase, No receipt and LCAM restrictions include: LCAM restrictions No distribution No importation for sale No maintain possession for sale No offering and advertising No purchase No possession No possession No sale No other transfer No Manufacture, No possession, 10 rounds 10 rounds Rounds 10 rounds Permissible Permissible Magazine Capacity 10 rounds All Firearms All Firearms Handguns only All Firearms LCAM Ban LCAM extends to: All Firearms 1072 1073 1071 1070 1069 x x x x LCAM LCAM Banned x Michigan Minnesota Mississippi Massachusetts Louisiana Maine Maryland Kansas Kentucky Illinois Indiana Iowa Idaho Florida Georgia Hawaii Delaware District of Columbia Connecticut State 144 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE example, bump stocksareaccessoriesthat attach fire tomimicthatofafully automaticweapon.For Certain accessoriesaccelerate aweapon’s rateof CRANKS 5.5.4 BUMPSTOCKSANDTRIGGER/GAT Wyoming Wisconsin West Virginia Washington Virginia Vermont Utah Texas Tennessee South Dakota South Carolina Rhode Island Pennsylvania Oregon Oklahoma Ohio North Dakota North Carolina New York New Mexico New Jersey Hampshire New Nevada Nebraska Montana Missouri State Banned LCAM x x 1075 1074 extends to: LCAM Ban All Firearms All Firearms 10 rounds 15 rounds Capacity Magazine Permissible No transportation,disposaland No Manufacture, No possession No disposal,and No sale, No transportation,shipment, No Manufacture, LCAM restrictionsinclude: No possession bump stocks, enablinghimtofirenine shots per Stephen Paddockusedfirearms equippedwith exponential speed,shooting inrapidsuccession. by allowingthetriggertobe engagedwith ability toreleasemultiplerounds ofammunition to afirearmandcansignificantlyincreaseits Permitted LCAM Pre-Ban x x NOT Permitted Pre-Ban LCAM AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 145

1088

1091 1086 At the time, members 1090 In 2013, the State Department and can be used to circumvent be used to circumvent and can 1089 From 2019 onwards, those who 1084 it is legal, and not particularly it is legal, and not In response, 19 states and Washington In response, 19 states and Washington 1087 1085 1092 3D-printed firearm blueprints were to be published allowing anyone with access to a 3D online legally, printer to manufacture a completely untraceable firearm. D.C. filed a lawsuit seeking a permanent ban on the distribution of these blueprints. On 27 August 2018, a federal judge issued a temporary which, combined, took the lives of 11 people. which, combined, took the lives of 11 possessing Both shooters were prohibited from firearms. California own or create homemade firearms in which will will have to apply for a serial number, weapon. need to be permanently affixed to the will However it is unclear whether this legislation be sufficient to curb this trend. at a federal level there has been Unfortunately, the a significant step backwards. In 2018, with US State Department settled a lawsuit the first a company which had posted online manual with directions on how to assemble a 3D printed gun. had opined that this manual was a violation of international export law. of the distributing group claimed that the file had been downloaded, in locations around the world, more than 100,000 in just two days. Following the settlement, as of August 2018, the untraceable laws. and local firearm federal, state trade such a a felony to sell or While it is weapon, and assemble them. difficult, to purchase to sell the necessary tools Stores are permitted allowing consumers to build and gun components a federal background assault weapons without an assault a person may build check. Moreover, that does not permit weapon in a jurisdiction an such a weapon. Similarly, the possession of can build a firearm even unlicensed individual where licensing is obligatory. were used in Assault rifles that were ghost guns (Tehama two separate mass shootings in California 2013) County in 2017 and Santa Monica in

1081 1076 In 1079 1082 These 1083

1078 In December 2017, Columbia, In December 2017, 1077 The comment period concluded in 1080 and computer-numerical-controlled mills. and computer-numerical-controlled Attorney General Eric September 2015, New York Schneiderman described ghost guns as “the new frontier of illegal firearms trafficking”. guns have no serial numbers, are essentially Ghost guns (also called unfinished receivers, 80% receivers or home-built firearms) are guns made by individuals using gun components and, using 3D printing technology more recently, of person is essential if the USA is to honor its obligations under international human rights laws and standards. 5.5.5 GHOST AND 3D GUNS before being published in the Federal Register. before being published in the Federal that carry The regulation or banning of accessories to human such a clear intensification of the threat security rights, including the right to life and National Firearms Act, which was open to public National Firearms Act, which was open comment. now considering the is June 2018 and the ATF by both the final rule, which must be approved and Budget DoJ and the Office of Management On 20 February 2018, President Donald Trump Trump On 20 February 2018, President Donald to issue directed Attorney General Jeff Sessions USA. regulations to ban bump stocks in the has since issued the proposed rule that The ATF under the would ban bump stock-type devices bump stocks. the first city to ban bump South Carolina, became bump Colorado, has also banned stocks. Denver, cities are stocks and it appears that several other set to follow suit. These accessories are not regulated or banned These accessories only 10 As of 15 July 2018, by federal law. Connecticut, Delaware, Florida, states (California, Massachusetts, New Jersey, Hawaii, Maryland, explicitly banned have and Washington) Vermont, second, to kill 58 people and wound more than wound more than kill 58 people and second, to 2017. on 1 October in Las Vegas 500 others a firearm’s cranks affixed to trigger/gat Similarly, in rapid succession. also allow firing trigger guard 146 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE government entities fromfilingcivillawsuits legislation thatbarscities, state orotherlocal four stateshaveverysimilar legislationorhave ammunition, withlimitedexceptions. the criminalorunlawfulmisuse” ofafirearmor associations fromcivilliability“resulting manufacturers, dealersandsellerstrade shields licensedfirearmsandammunition (PLCAA), whichwaspassedin2005,generally The ProtectionofLawfulCommerceinArmsAct of theirrifles. emphasizes thelethalityandmilitarygradeimpact or rollingoutirresponsibleadvertisingwhich militaristic featuresoftheircivilianusefirearms discourage gunmanufacturersfromenhancingthe for culpabilityorresponsibility, thereislittleto product development.Without anyframework manufacturers fromirresponsibleadvertisingor consideration andmechanismtodeterfirearms any industry, potentialliabilityisanimportant be wortharoundUS$1.5billion. report estimatedthedomesticretailmarketto parts oftheUSeconomy. A2014industry Firearms manufactureandsalesarethriving MAGAZINE ACCOUNTABLE ASSAULT RIFLESANDLARGE-CAPACITY MANUFACTURERS OFSEMI-AUTOMATIC 5.5.6 LITIGATION TOHOLD homemade firearm. prohibited purchasersarenotabletoacquirea guarantee properregulationandtoensurethat also tosellersoffirearmcomponentsinorder Brady ActsothattheobligationsofFFLsapply be imperativethatthereisanextensionofthe market forghostgunscanbeexpected.Itwill automatic submachineguns,aparallelincreased rifles, semi-automaticshotgunsandsemi- federal lawsregulatingsemi-automaticassault With theestablishmentof state,andhopefully, online. injunction blockingthereleaseofblueprints 1093

1095 1094 Aswith 1096 Thirty- ensuring thesafedesignoffirearms.Indeed, is nofederalagencytaskedwithoverseeingand implement safetyimprovements.Moreover, there incentive forthefirearmsindustrytodevelopor afforded bythePLCAAmeansthereisnosuch the unprecedentedinsulationfromliability safety andqualityinotherindustries. have contributedtoimprovementsinproduct Civil litigationandthetransparencyitassures dismissed. most lawsuitsagainstthegunindustryare surprisingly, sincethePLCAAwasenacted, taking actionagainstthegunindustry. had achillingeffect,discouraginglawyersfrom The PLCAAandsimilarstatelegislationhave against certaingunindustrydefendants. and thecase was stayed. 2018, Remingtonfiledfor Chapter11bankruptcy appeal inNovember2017. However, on25March The ConnecticutSupreme Court tookthecaseon shielded thegunmanufacturer fromliability. that thebroadimmunitygrantedbyPLCAA Superior Courtdismissedthecase,finding and sixoftheirteachers. just 264seconds,killing20firstgradechildren Adam Lanzafired154roundsofammunitionin firearm torapidlyfireammunition.AtSandyHook, nature oftheweapon’s designwouldenablethe Respondents allegethatRemingtonknewthe they mayevenbelawfullypossessedbyminors. these weaponswithouttraining;insomestates contrast tothefactthatcivilianscanpurchase with thesetypesofweaponsincombat,stark hours oftrainingrequiredbysoldiersentrusted which itwasdesigned. general publicduetothemilitarypurposefor that theAR-15shouldnotbeentrustedto Outdoor Co.,Inc.(Remington),respondentsargue shooting inDecember2012againstRemington impacted bytheSandyHookElementarySchool In alawsuitbroughtonbehalfofthefamilies from regulatingfirearms. Consumer ProductSafetyCommissionisforbidden 1099 1102 1101 1104 1106 Thelawsuitlaysoutthe TheConnecticut On17May2018, 1100 1098 1097 However, Not 1105 1103

AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 147

and 1116 to the imminent reasonable proportionate Furthermore, the use Furthermore, the 1115 to protect against an , and the force used is in their assessment of these elements. self-defense comes a “duty with However, to retreat,” which means that an individual has a duty to retreat before using lethal force against an assailant. The underlying purpose proportionality when using deadly force in self- proportionality when using deadly force in a defense and may be applied or utilized discriminatory manner. TO LIMIT SELF-DEFENSE 5.6.1 FAILURE in Self-defense is a “justification” defense that criminal law in all US states. This means with it is not a crime to defend oneself, even deadly force, if the force used is strictly necessary threat perceived threat, which, in the case of use of lethal force means a threat of death or serious The majority of US states apply an injury. objective reasonableness standard to the exercise of self-defense. This means that a person does not necessarily need to be correct in the assessment of the imminence, necessity or proportionality of the threat, but they must be objectively reasonable be arbitrarily deprived of his or her life and states or her life and states deprived of his be arbitrarily in a legal system to establish have an obligation of to avoid the use is a general duty which there of self-protection non-violent means force where are reasonably available. only if, at the time of its of lethal force is lawful unavoidable” in order to protect use, it is “strictly threat of death or serious against an “imminent or defense of others. injury” in self-defense concept that has been defined “Imminence” is a as being highly limited – a in international law act already in motion. response to an offensive Ground laws are not firearm While Stand Your they are often invoked in cases laws specifically, inconsistent of firearm violence. These laws are and standards. with international human rights law and They violate the principles of necessity Thirty- 1111

At the time this report At the time In March 2018, Idaho There has been an effort to 1109 and 13 states enacted similar 1107 1112 1113 1110

1114 1108 states, however, none of these efforts have been states, however, successful. no one may Under international human rights law, five states have adopted some form of Stand Ground law. Your became the most recent state to enact a Stand Ground law. Your Ground laws in several curtail or repeal Stand Your ever reaches a jury. laws were first enacted in Ground Stand Your Florida in 2005 in 2006 alone. statutes to Florida’s such an assertion is made unless there is specific such an assertion is made unless there The burden is shifted to evidence to the contrary. prove that the law enforcement and prosecutors to In fact, in individual did not act in self-defense. by a judge some states, a case can be dismissed Ground defense before it based on the Stand Your to retreat to a place of safety, so long as they to retreat to a place of safety, are not are in place they have a right to be and Unlike most defenses engaged in illegal activity. Ground laws in effect to criminal acts, Stand Your if presume the individual is acting in self-defense GROUND LAWS Ground laws essentially allow an Stand Your force, individual to use force, including lethal obligation to defend him or herself without any the law where these are poor or insufficient to the law where these risks and prevent abuses. effectively mitigate YOUR 5.6 STAND The USA should repeal the PLCAA. Firearms The USA should repeal and dealers should manufacturers, distributors diligence policies and adopt adequate due of whether they are required practices, regardless the requirements of by law or that go beyond the stay was lifted. the stay was the pending before the case was was published, been and no trial had Supreme Court Connecticut scheduled. 148 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE study publishedinthe homicide, homicideandfirearm homicide.A2016 Ground lawshasledtoincreases injustifiable evidence suggeststhatpassing StandYour While everyonehastherighttoself-defense, DISCRIMINATION INCREASED HOMICIDESAND 5.6.2 STAND YOURGROUNDLAWS: necessary. of lethalforcewithafirearmtowhatisabsolutely gun inself-defenseandonhowtolimittheuse those whoarearmedtrainedonhowtousea where thistrainingisnecessarytoensurethat especially troublinginStandYour Groundstates to firearmuseisnotrequiredinanystate.This Moreover, effectivejudgmenttraininginrelation enforcement officials. standard ontheuseofdeadlyforcethanlaw allows privateindividualstobeheldalower concept ofself-defense.Moreover, thiseffectively claim, completelydistortingandbroadeningthe any ofthebasicrequirementsaself-defense they wereactinginself-defensewithoutmeeting Stand Your Groundlaws,apartycanclaimthat whether publicorprivate.Thismeansthatunder even ifitispossibletodoso,inanylocation, even lethalforce,withoutanyobligationtoretreat, Doctrine byallowinganindividualtouseforce, concept ofself-defensebeyondeventheCastle Stand Your Groundlaws,however, broadenthe surrounding thehomeandevenautomobiles. Doctrine exceptionhasbeenextendedtotheland “Castle Doctrine”.InsomeUSstates,theCastle own home.Thisisgenerallyreferredtoasthe defending yourselfandyourpropertywhilein there isgenerallynotdutytoretreatwhen exceptions tothisdutyretreat.Forexample, safe alternative.Thereareafewveryspecific of forcetoincidentswheretherewasnoother of thedutytoretreatruleisreserveuse 1119

1118 Journal oftheAmerican 1117

of homicide,foundwhitehomicidedefendants Stand Your Groundlaws,whichlookedatallcases study ofcriminaljusticedatafrom23stateswith to befreefromdiscrimination.Forinstance,a violate notonlytherighttolifebutalso Data indicatesthatStandYour Groundlawsmay periods. of lethalforce)inFloridaduringthesametime increase injustifiedhomicides(orthelawfuluse researchers, publishedin2017,therewasa75% specifically. and a32%increaseinfirearm-relatedhomicides there wasa24.4%increaseinhomicidesoverall period 2006-2016afterthelawwaspassed, Your GroundlawwasenactedinFlorida,and the to theperiod1999-2005,beforeStand Medical Association effective legislativeandpolicy measurestofulfill The CommitteeurgedtheUS governmentto“take members ofracialandethnic minorities.” have adisproportionateanddiscriminatoryimpacton violation oftheStateparty’s dutytoprotectlife,and circumvent thelimitsoflegitimateself-defense,in of ‘StandYour Ground’laws,whichareusedto “The Committeeisconcernedat…theproliferation of RacialDiscriminationnoted: with ICERD,theUNCommitteeonElimination concluding observationsontheUSA’s compliance the USgovernment.InitsSeptember2014 raised theissueofStandYour Groundlawswith International humanrightsbodieshavealready had StandYour Groundlawsatthetime. interracial homicides,spikedinthe33statesthat that self-defenserelatedhomicides,particularly disparities.” is “unpredictable,uneven,andresultsinracial that theapplicationofStandYour Groundlaws Association’s 2014NationalTask Forcefound whose victimswerewhite. homicides ruledjustifiedthanblackdefendants with blackvictimsweremorelikelytohavetheir 1121

1120 1123 Inafollowupstudybythesame TheTask Forcefoundevidence foundthatwhencompared 1122 TheAmericanBar 1125 1124

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1139 1130 1137 These

1134 1135

In the context of law 1131 1138 – would prevent a child from Biometric readers verify identity, verify identity, Biometric readers A report by the US Departments of by the US Departments A report 1136 Proximity devices, such as wristbands, Proximity devices, such as wristbands, 1132 1129 1133 use of firearms through an embedded computer chip. These models are targeted towards the identification of lost and stolen firearms. For example, the Beretta i-Protect system, currently in a testing phase, integrates motion sensors development and manufacture of the devices or development and manufacture of the retrofitted into existing models. RFID chip to A gun requiring the user to wear an the German- fire – such as a pistol developed by a PIN based company Armatix which requires in code to be keyed into an RFID wristband order to fire functional accidentally firing a weapon. A gun could also only with a registered biometric match member, be used to prevent a troubled family from firing it. or any unauthorized user, theft would likely discourage User-authorization of firearms, subsequently reducing the supply of stolen firearms. enforcement, smart gun technology could reduce the risk of accidental off-duty discharge of service weapons and protect law enforcement officers from being targeted with their own weapons. electronic recovery technology works Conversely, by collecting real-time data on the location and violence. and Defense found Security Justice, Homeland great promise”. holds that the “technology developers have pursued two Manufacturers and using gun safety technology: primary methods of who which limits technology, user-authorization electronic recovery technology, can fire a gun; and to identify the location of which makes it possible a lost or stolen gun. of user-authentication There are variations technology. the grip of such as fingerprint sensors built into the gun. involving rings or badges worn by the user, RFID require proximity to activate. the initial technologies could be integrated into

1127 1126 5 January 2016 Gun safety technology has 1128 President Barack Obama, Remarks by the President Barack Obama, Remarks by the President on Common-Sense Gun Safety Reform, President on Common-Sense Gun Safety stolen firearms. evolved rapidly in recent years and entered many of the mainstream debates about stemming gun firearms traceable. While smart gun technology is unlikely to be the solution to root issues of widespread gun violence, it has the potential to materially reduce the number of victims of gun violence caused by both accidental shootings and Smart guns, however, take security to another level Smart guns, however, by incorporating technology – proximity sensors, biometrics, magnets, radio-frequency identification (RFID) and/or microchips – to prevent the use of firearms by unauthorized users and/or by making industry has looked into mechanisms, such as seat industry has looked into mechanisms, with motor belts, to reduce loss of life associated vehicle deaths, new methods and technologies explored as related to gun safety should also be they develop. mechanisms available to secure firearms, mechanisms available to secure firearms, offer a new including locks. Smart guns potentially analyzed for method. All approaches need to be at reducing evidence-based policy making aimed that the car firearms violence. In the same way make sure that they can’t pull a trigger on a gun.” make sure that they can’t pull a trigger There are a range of potential gun safety 5.7. SMART GUNS AND GUN 5.7. SMART SAFETY TECHNOLOGY we should “If a child can’t open a bottle of aspirin, principles of necessity and proportionality when principles of necessity for self-defense.” deadly force is used should repeal Stand your All state legislatures Ground laws. its obligation to protect the right to life and to right to life and to to protect the its obligation the by…reviewing violence, including reduce gun to remove far-reaching Ground laws Stand Your adherence to the and ensure strict immunity 150 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE United States.” profit, butalsotolessenthetollofgundeathsin the potentialforsmartgunstonotonlyproducea Policymakers andmanufacturersshouldre-examine guns gettingintothewronghandscouldbesaved. have beenlosttosuicide,accidentalshootingsand gun violence…Countlesslivesthatwouldotherwise standard injurypreventionapproachtopreventing benefits couldbeenormous,allowingustotakea bringing ittothemarketplace,publichealth “By simplyusingtechnologythatalreadyexistsand OF SMARTGUNTECHNOLOGY 5.7.1 BARRIERSTOTHEDEVELOPMENT minors andhelpavertfirearmthefts. both preventgunsfromgettingintothehandsof technology. using Bluetooth,biometricandRFIDscanner For example,Gunboxmanufacturesgunstorage alternative tostandardfirearmlocksandsafes. secure, moreconvenientanduser-friendly firearm. or contactlesstranspondertoreleasethe require auniquePINcodeand/orfingerprint and safermechanismsforgunstoragethat Manufacturers arealsodevelopingsmarter firearm. the accountabilityofofficerscarrying tracking ofanystolenfirearmsandaidinensuring enforcement, thesetechnologiesallowforthe easy totrack. police operationscenters,makingthefirearms video andaudio,totheofficer’s smartphoneand when fired,transmittingdata,includinglocation, would triggerwhendrawnfromtheholsteror into lawenforcementfirearms. Director oftheJohnsHopkins CenterforLawandthe Education andFacultyDevelopmentattheJohns Hopkins BloombergSchoolof PublicHealthand Professor ofHealthPolicyand Managementand 1142 Smartgunstorageprovidesamore 1143 1141 Thesespecifictechnologiescould In additiontofacilitatinglaw Stephen P. Teret, AssociateDeanfor Public’s Health,quotedin2016 1140 Suchsensors 1144

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for researchanddevelopmentofsmartgun been anyadditionalsignificantfederalfunding However, atthetimeofwriting,therehadnot law enforcementagenciesaroundthecountry. for thattechnologysoitcouldbeusedby of developmentandaplantodevelopstandards significant benefitsofthetechnology, thestatus Homeland SecurityandDefenseoutlinedthe joint reportbytheDepartmentsofJustice, of smartguntechnology. a researchstrategytoexpeditethedeployment Executive Orderdirectingthedevelopmentof In January2016,PresidentObamaissuedan prize forinnovationsingunsafetytechnology. Gun SafetyTechnology Challengeofferingacash initiative totheprivatesectorthatresultedin In January2013,PresidentObamaannouncedan childproof gun.” new handgun,arewillingtopurchaseasmartor “[N]early 60percentofAmericans,iftheybuya technology. receiving thousandsofnegative commentsonline, after announcingplanstosell asmartgun.After dealer becamethefocusof anintensebacklash against gundealers.Forexample, aMaryland the project. of themanufacturer, forcingthemtoabandon technology, gunrightsactivistsledaboycott with theWhiteHouse,toexploresmartgun Smith &Wesson pledged,inanagreement technology. Forexample,whengunmanufacturer have workedtopreventthedevelopmentof of gunmanufacturersworkingonsmartguns, of gunrightsactivists,includingtheboycott has beenrepeatedlyimpeded. potential ofgunsafetytechnology, itsdevelopment Unfortunately, whilethereisinterestinthe Report tothePresidentOutliningaStrategyExpedite Deployment ofGunSafetyTechnology Johns HopkinsBloombergSchoolofPublicHealth, Homeland SecurityandDefense,3-4,(2016) 1151 Actionshavealsobeentaken

1147 InApril2016a 1150 Theactions , Depts.Justice, 1146 1148 1149

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1156 1157 1161

between 1960 and 2015 In contrast during the same 1159 1160

1158 Program at the University of California Davis, on Program at the University and Director of the Violence Prevention Research and Director of the Violence Dr. Garen Wintemute, Professor of Emergency Medicine Professor of Garen Wintemute, Dr. measures to prevent firearm and motor vehicle fatalities measures to prevent available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control.” And while this was not necessarily a complete ban on research related to firearms, the legislation was accompanied by a US$2.6 million budget cut, the top 30 leading causes of death in the USA, the top 30 leading causes of death based on gun violence was the least researched, second least the number of publications, and the funded. 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 deaths in 2016. deaths in time period, the number of gun-related went up; the USA did not decrease and actually in 1982 there were 32,957 firearm deaths and in 2016, the most recent year for which data is available, there were 38,658 deaths, an increase of over 17%. Indeed, the US government has actively taken steps to prevent research on gun violence. In 1996, Congress passed the Dickey Amendment which specified that “none of the funds made airbags, and other measures that reduced vehicle that reduced vehicle other measures airbags, and motor drove down the This research traffic fatalities. be should 60%. We rate by nearly vehicle fatality address the firearm same approach to using the U.S.” violence crisis in the years, the USA has restricted For more than 20 through federal funding for firearms research and, more publicly funded entities like the CDC the National Institute of Health (NIH). recently, that of Public health experts recently highlighted Since then, 1153 1152 However, researchers have found that researchers However,

1154 1155 GUN VIOLENCE “Effective data-gathering and evaluation of evidence- based interventions led to requirements for seatbelts, 5.8 FAILURE TO INVEST IN TO INVEST 5.8 FAILURE RESEARCH TO IDENTIFY TO REDUCE STRATEGIES unauthorized use of firearms once acquired. remains an urgent need for there Moreover, evidence-based research and analysis of firearm storage and security in the USA. and fund research and development of all and fund research and development including potential mechanisms of firearms safety, smart storage, innovations such as smart guns and of firearms aimed at preventing the acquisition by those at risk of misusing them and preventing 5.8). the public The USA has an obligation to protect deadly gun from exposure to harmful and often better meet violence. One of the ways that it can encourage these human rights obligations is to generally, Congress has also effectively stalled generally, including research and development on gun safety, of firearms mechanisms for security and storage violence, aimed at reducing and preventing firearm Section accidental shootings and suicide (see childproof and a loading indicator. childproof and a loading found that safe firearm storage some studies have the likelihood of death and practice can reduce injury. firearms by restricting federal research regarding technology to all firearm safety measures. A 1991 technology to all firearm General Accounting Office report from the US accidental firearm deaths in found that 31% of have been prevented by 1988 and 1989 might a device making the firearm two safety devices, including death threats, he was forced to publicly was forced to publicly death threats, he including his plans. renounce into evidence-based for further research The need beyond just smart gun firearm safety extends 152 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE acceptable solution.” solution isreached.Doing nothing isnolongeran slowly butmethodicallyfund suchresearchuntila my positionthatsomehow or somewayweshould research withouteliminatingtheautomobile…Itis fashion thatthehighwayindustrycontinuedits infringing ontherightsofgunowners,insame have beencontinuedongunviolencewithout research. advocating increasedfundingforgunviolence on CongresstoreversetheDickeyAmendment, opinion piecein Amendment, reversedhisposition.Heco-wrotean congressman whowastheauthorofDickey In 2012,JayDickeyhimself,theArkansas prevention hasbeensignificant. research onfirearmviolenceand Dickey Amendment,thechillingeffectonCDC the limitedfundingandlanguageof this typeofresearchhasbeenlimited.Between Prevention inWilmington, Delaware of UrbanFirearmViolenceandOpportunitiesfor and theCDCreleasedareporton Prevention NationalCenterforInjury example, in2016,theDivisionofViolence with somelimitedgunrelatedresearch.For It istruethatsince1996theCDChascontinued was allocatedforfirearmresearch. US$5.3 billionCDCbudget,onlyUS$100,000 4% of1993-1996budget.By2012,despitea the CDC’s budgetforfirearmresearchwas just analysis byEverytownforGunSafety, in2009, prevention hassteadilydecreased.Accordingto its overallbudget,CDCfundingforguninjury Since 1996,despitesignificantincreasesin Congress, perceivedasbiasedresearch. rights advocates,includingcertainmembersof linked toanincreasedriskofhomicide,whichgun report findingthatfirearmsinthehomecouldbe passage oftheAmendmentwasspurredbyaCDC by theCDCongunresearchyearbefore.The which wasexactlytheamountofmoneyspent 1166 In2015,hewrote:“Researchcould the Washington Post 1167 1165 Elevated Rates 1163

. 1164 andcalled However, 1162

Particularly FirearmViolence”,provided Consequences of ViolenceanditsPrevention, titled “ResearchontheHealthDeterminantsand and pressure. seemingly ignoringcongressionalprohibitions funding forfirearm-relatedstudiesin2014, more thanUS$2milliondollarsinresearch and theNationalInstituteofJusticehasallocated injuries, totalingapproximatelyUS$11.4million numerous studies specifically involving gun-related three timesthatoftheCDC–hassincefunded However, theNIH–whichhasabudgetalmost Amendment wasaddedtotheirfuturebudgets. gun violenceandfirearmdeaths,theDickey such astheNIHbeganfundingresearchon broadened in2012,when,afterotheragencies The impactoftheDickeyAmendmentwas Elementary SchoolinNewtown, Connecticut, In thewakeofmassshooting atSandyHook policies. guns andtheimpactofpreventative gun-related such asstrawpurchasers,traffickedandstolen meaningful comprehensiveresearchonissues hours. all approvedgunpurchaserrecordswithin24 The AmendmentsalsorequiretheFBItodestroy individuals regardinggunsalesandownership. any datatoscientists,academicsandprivate The ATF is,therefore,prohibitedfromreleasing other thanlawenforcementorprosecutors. information fromitsfirearmsdatabasestoanyone specifically prohibitthe ATF fromreleasingany Amendments, originallyintroducedin2003, data onfirearms.Legislation,knownasthe Tiahrt Congress hasalsotakenstepstorestrictaccess injury research. grant US$5millioninfundingforchildfirearm in Parkland,Florida,theNIHannounceditwould Marjory StonemanDouglasHighSchoolshooting initiative in2017. January 2017,buttheagencyfailedtorenew research projectsbetweenJanuary2014and approximately US$18millionto numerous 1173 Thislegislationisamajorobstacleto 1169 1171 TheNIHfundedinitiative, 1170 InApril2018,followingthe 1172

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article published in 2016, article published in

1183 Los Angeles Times and Director of the Violence Prevention Research and Director of the Violence in a Program at the University of California Davis, Program at the University Dr.Garen Wintemute, Professor of Emergency Medicine Professor of Emergency Wintemute, Dr.Garen commenting on the rate of firearm violence in 2016. commenting on the Unfortunately, the USA has stymied the efforts of Unfortunately, the research community to provide such research and data. The Dickey Amendment and the Tiahrt Amendments should be repealed and adequate funding for research on gun violence, injury and death should be restored. each category, certain critical questions must be certain critical questions must be each category, risk factors addressed. For example: What are the are the short that contribute to gun violence? What effects and long-term physical and psychological of of gun violence? What are the consequences who may be gun violence on entire communities at greatest disproportionately impacted? Who is risk of using firearms to commit homicide be or suicide and how can these fatalities prevented? and Only with valid and up-to date research data, can policymakers make informed decisions as to what kind of policies have the potential to be effective in curbing the negative impact health care of firearms in the USA. Moreover, providers, educators, parents, law enforcement officials, scientists and advocates all need guidance on how to deal not only with the existing problem of firearm-related injuries and fatalities, but also how to prevent future firearm incidents. “Over the last fifteen years, the rate of fatal firearm firearm of fatal the rate fifteen years, the last “Over and suicide – the USA]– homicide violence [in rate of fatal gun much. But the hasn’t changed by about twenty California has fallen violence in policies or out what California percent. Figuring to this divergence conditions have contributed for federal and state lawmakers would be invaluable legislation.” contemplating new accidental Research on gun violence, including and shootings resulting in injury and death generally falls into three categories: gun safety, Under causes, consequences and prevention. 1178

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The amendments Prevention Task Force Prevention Task The CDC requested The CDC 1177 1180 1174 Letter to the House Committee on Appropriations Letter to the House Committee on Appropriations from Members of the House Democratic Gun Violence from Members of the House Democratic million for CDC research. were voted down by the Senate. people were killed, the Association of American Medical Colleges and 57 national public health, medical and research entities endorsed a letter in support of two Senate amendments that would reduce access to firearms and allocate US$10 22 others seriously wounded, more than 2,000 physicians from across the USA signed a petition urging Congress to lift the 20-year restriction on CDC funding for gun violence research. In 2016, one week after the Orlando, Florida, shooting at the Pulse nightclub in which 49 When policy experts and doctors have asked When policy experts and doctors have and provide Congress to lift the ban on research In 2015, funding, Congress has failed to act. Bernardino, just hours before the shooting in San killed and California, in which 12 people were “We dedicate $240 million a year on traffic safety dedicate $240 million a year on traffic safety “We on food research, more than $233 million a year and $331 million on the effects of tobacco, safety, take the lives of but almost nothing on firearms which over 33,000 Americans annually.” aimed at gun violence reduction; and better aimed at gun violence and database linkages. collection of data by Congress, without approved funding However, in the CDC was not able to fund any research compliance with the Order. research agenda on firearm-related violence. research agenda on concluded that more The Institute of Medicine on issues such as access research is needed in violent incidents; the to guns and their use safety technologies; policies effectiveness of gun in 2012, President Barack Obama issued an issued Obama Barack President in 2012, CDC and other Order allowing the Executive and investigate to resume research federal entities prevention. gun violence develop a focused of Medicine that the Institute 154 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • • • Federal: BACKGROUND CHECKS RECOMMENDATIONS US Congressshouldenactlegislation allocating Criminal BackgroundCheckSystem (NICS).The to theFBIforinclusionin NationalInstant accurately, completely, andassoonpossible state andlocalagenciesarereportingrecords The USCongressshouldensurethatfederal, place. must becompletedbeforeanysaleortransfertakes adequately respondtorequests.Backgroundchecks agencies havetheabilitytotrackdownrecordsand checks onallfirearmssoldbyFFLssothatrelevant day waitingperiodforperformingbackground The USCongressshouldabolishthecurrentthree- independent andlicenseddealer. that thebackgroundcheckisconductedbyan (FFLs), sothatarecordofsaleismade,and through FederallyLicensedFirearmsDealers sellers offirearmsperformbackgroundchecks The USCongressshouldrequirethatallprivate › › › › should include,ataminimum: factors formisuse.Riskconsideration conducted indicatingtheabsenceofknownrisk transfer. Thesebackgroundchecksshouldbe transfers priortocarryingoutanysaleorother background checksonallfirearmpurchasesand The USCongressshouldenactlegislationrequiring › › › › all availablerelevantevidence. case basisbycompetentauthoritiesdrawingon application shouldbereviewedonacase-by- might leadtotheharmofselforothers.Each alcohol abuseormentalhealthissueswhich medical conditionsincludingahistoryofdrug/ violence; a historyofgender-based, sexualordomestic being underindictmentforafelonyoffence; offences; a priorcriminalrecord,particularlyforviolent • • • State: prohibited personsduetodefaultsales(pending to retrieveanyfirearmsthathavebeenreceivedby of Alcohol,Tobacco, FirearmsandExplosives(ATF) conduct backgroundchecksandtotheUSBureau funding toprovidesufficientresourcestheFBI The USCongressshouldenactlegislationallocating databases. linking licensedFFLswithstatemotorvehicle sale orothertransfer, throughcross-checks,by transferee ofafirearmtobeverifiedpriorthe identification documentsofthepurchaseror The USCongressshouldenactlegislationrequiring that donotreportrecords. eligible records)andtopenalizefederalagencies comprehensive methodsforautomatedentryof reporting (forexample,bycreatingsystematicand facilitate improvementsinstatesystemsforrecords adequate fundingandtechnicalsupportto › › › › include, ataminimum: misuse. Riskfactorsforconsiderationshould indicating theabsenceofknownriskfactorsfor These backgroundchecksshouldbeconducted carrying outanysaleorothertransferofafirearm. legislation requiringbackgroundcheckspriorto and transfers,allstatelegislaturesmustenact background checksonallfirearmpurchases In theabsenceoffederallawmandating any otherreasons. the abolitionofthree-daywaitingperiod),orfor › › › › all availablerelevantevidence. case basisbycompetentauthorities drawingon application shouldbereviewed onacase-by- might leadtotheharmofselforothers.Each alcohol abuseormentalhealthissueswhich medical conditionsincludingahistoryofdrug/ violence; a historyofgender-based, sexualordomestic being underindictmentforafelonyoffence; offences; a priorcriminalrecord,particularlyforviolent AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 155

available relevant evidence. a prior criminal record, particularly for violent offences; being under indictment for a felony offence; sexual or a history of gender-based, domestic violence; medical conditions including a history 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 › › › › 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 factors known risk of the absence indicating misuse. Risk factors for consideration should include, at a minimum: › › › › the name of the licensed holder of the firearm, of the licensed holder the name of ownership, or other change any sale, transfer loss or theft. including › › › › › 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 become prohibited unless the following minimum conditions are met: unless the following minimum conditions › › › › › enact legislation limiting The US Congress should of firearms that can be the number and types in keeping with the possessed by individuals, and credible justification. principles of necessity All state legislatures should enact legislation prior to requiring that an individual obtain a license the purchase of a firearm. authorized A state firearm licenses should not be • • State: • • by creating systematic by creating systematic , country of manufacture (importer) and type of firearm the source of the weapon the manufacturer model/caliber serial number

› › › › › › › › › › and Explosives (ATF) to register all firearms in a to register all firearms in and Explosives (ATF) which is digitized central national gun registry, and searchable, and should ensure appropriate funding through the legislation to support the ATF’s ability to implement these systems. At a minimum, national registration should include: The US Congress should enact legislation The US Congress should enact legislation for mandating that firearms may only be obtained license. purchase or transfer with a valid firearms requiring The US Congress should enact legislation Firearms the US Bureau of Alcohol, Tobacco, enact legislation requiring identification documents enact legislation requiring identification to be of the purchaser or transferee of a firearm through verified prior to the sale or other transfer, motor cross-checks, by linking FFLs with state vehicle databases. databases, so that effective background checks can databases, so that effective be performed. verification In the absence of federal law mandating sale or of valid identity documents prior to the should transfer of all firearms, all state legislatures other information pertinent to the fitness of an other information pertinent possess a firearm, as promptly individual to carry or as possible (for example methods for automated entry and comprehensive the FBI for inclusion in the of eligible records) to to state and local NICS and, where appropriate, All state legislatures should enact legislation should enact All state legislatures to report if an and local entities requiring state as presenting a has been adjudicated individual or others, risk of harm to themselves heightened violence orders and criminal records, domestic • • TRAINING, LICENSING AND REGISTRATION Federal: • • 156 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE • • State: • • Federal: FIREARMS INPUBLIC REGULATING THECARRYING OF • • wish tocarryanyfirearminpublic. Allpermits requiring anindividualtoobtain apermitifthey All statelegislaturesshouldenact legislation credible justificationfordoing so. whether openorconcealed,unlessthereisa prohibiting thecarryingoffirearmsinpublic, All statelegislaturesshouldenactlegislation Reciprocity. authorizing FederallyMandatedConcealedCarry The USCongressshouldrejectlegislation credible justificationfordoingso. whether openorconcealed,unlessthereisa prohibiting thecarryingoffirearmsinpublic, The USCongressshouldenactlegislation international guidelines. federal registerinaccordancewithestablished all firearmsalesandtransfersforinclusioninthe require firearmdealerstocontributerecordsof sale ortransferofownershipfirearmsandshould requiring firearmdealerstotrackandregisterany All stateslegislaturesshouldenactlegislation resolution anddon’tshoot/shootscenarios. fire training,effectivejudgmentverbal carry afirearm.Thistrainingshouldincludelive- training andtestingpriortoissuingalicense and firstaid.Statesshouldrequireadditional firearm, aswellinfirearmslaw, safety, storage, must demonstratecompetenceinuseofthe receiving a license to purchase a firearm; applicants requiring firearmstrainingandtestingpriorto All statelegislaturesshouldenactlegislation removed. enforcement officialsandthefirearmimmediately whereby firearmslicensesarerevokedbylocallaw license conditions,systemsshouldbeinplace purchasers. Intheeventofnon-compliancewith • • • Federal FIREARMS REPORTING OFLOSTORSTOLEN • • • • • State: • and storeweaponsontheirpremisestoadopt Federally LicensedFirearmDealers(FFLs)tolock The USCongressshouldenactlegislationrequiring prohibits thetraffickingoffirearms. The USCongressshouldenactlegislationthat reported tolocallawenforcementofficials. all lostandstolenfirearmstobeimmediately The USCongressshouldenactlegislationrequiring firearms oncollegeanduniversitycampuses. All statelegislaturesshouldbanthecarryingof issued shouldberecordedinthefederalregistry. In theabsenceoffederallegislation, allstate required backgroundcheck. possession ofafirearmbyproxy tocircumventa 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 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 157 The US Congress should acknowledge that firearm The US Congress should acknowledge that the Dickey violence is a public health crisis, repeal Amendment and enact legislation allocating adequate funding to conduct evidence-based violence, research on the causes and effects of gun for and to research and develop viable strategies making gun violence prevention to inform policy injuries. aimed at reducing firearms deaths and to repeal The US Congress should enact legislation from Amendments which prohibit the ATF the Tiahrt firearm releasing identifying information regarding ownership, possession and transfer for the purposes of conducting further firearm research on gun violence prevention. All state legislatures should repeal Stand Your Stand Your should repeal All state legislatures Ground laws. enact legislation to The US Congress should of all potential fund research and development All approaches need safety. mechanisms of firearms policy making to be analyzed for evidence-based violence. aimed at reducing firearms VIOLENCE • • STAND YOUR GROUND LAWS YOUR GROUND STAND • AND GUN SAFETYSMART GUNS TECHNOLOGY • TOINVESTMENT IN RESEARCH TO REDUCE GUN IDENTIFY STRATEGIES submachine guns, large-capacity magazines, bump stocks, trigger cranks and other dangerous devices. All state legislatures should repeal laws shielding firearm manufacturers and dealers from liability. In the absence of federal law, all state legislatures In the absence of federal law, should enact legislation banning the sale, transfer and possession of semi-automatic assault rifles, semi-automatic shotguns, semi-automatic essentially untraceable. of The US Congress should repeal the Protection Lawful Commerce in Arms Act (PLCAA). dangerous devices. banning The US Congress should enact legislation guns,” the purchase, assembly or transfer of “ghost serial which are self-assembled firearms without are numbers and 3D-printed guns, both of which The US Congress should pass legislation banning The US Congress should pass legislation and possession of semi-automatic the sale, transfer, semi- assault rifles, semi-automatic shotguns, automatic submachine guns, large-capacity and other magazines, bump stocks, trigger cranks home or vehicle. rifles and shotguns, large- Semi-automatic assault bump stocks, trigger cranks capacity magazines, and other dangerous devices All state legislatures should enact legislation All state legislatures owners keep firearms locked requiring that firearm stored in lock boxes or and unloaded and safely plain sight, with ammunition firearm safes, out of the firearm, when in their stored separately from legislatures should enact legislation requiring should enact legislation legislatures weapons on their dealers to lock and store firearms safety measures to adopt adequate premises and likelihood of to decrease the and precautions or stolen. inventory being lost • State: • • • • • Federal: • 158 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE ENDNOTES 15 14 13 12 11 10 9 16 UNODC, 8 7 6 5 4 3 2 1 OHCHR, GSH2013/2014_GLOBAL_UN HOMICIDE_BOOK_web.pdf 8 June2001, Parts andComponentsAmmunition,supplementingtheUnitedNations Convention againstTransnational OrganizedCrime,A/55/383/Add.2, In linewithArticle5,UNGeneralAssemblyResolution55/255,Protocolagainst theIllicitManufacturingofandTrafficking inFirearms,Their law-enforcement-officials section 5.5, lands, UseofForce,GuidelinesforImplementationtheUNBasicPrinciples ontheUseofForceandFirearmsbyLawEnforcementOfficials, ficials couldbejustifiediftheycanusedincompliancewithinternational standardsontheuseofforce.SeeAmnestyInternationalNether circumstances ofextremedangerwheremultipleexchangesfiremightoccur, inwhichtheuse ofautomaticfirearmsbylawenforcement Such weaponsshouldalsobeprohibitedforusebylawenforcementofficials fordailylawenforcementpractice.Theremaybesomeexceptional isacs/0330-en.pdf On bestpracticeseeISACS, and lightweapons For amoredetailedlistofprohibitionsoncategoriesciviliansatriskmisuse, seeISACS, en.pdf See G06/131/37/PDF/G0613137.pdf in accordancewithSub-Commissionresolution2002/25,A/HRC/Sub.1/58/27,July2006, Prevention ofhumanrightsviolationscommittedwithsmallarmsandlightweapons sites/default/files/USAID-2016-What-Works-in-Reducing-Community-Violence-Final-Report.pdf See Review andMeta-analysis,AnnalsofInternalMedicine A. Anglemyer, etal, 2016), Neighborhoods andViolentCrime, www.ohchr.org/EN/HRBodies/CCPR/Pages/GC35-Article9LibertyandSecurityofperson.aspx UN HumanRightsCommittee,GeneralCommentNo.35:Article9(LibertyandSecurityofPerson,CCPR/C/GC/35,16December2014,para9, www.ohchr.org/EN/HRBodies/CCPR/Pages/GC35-Article9LibertyandSecurityofperson.aspx UN HumanRightsCommittee,GeneralCommentNo.35:Article9(LibertyandSecurityofPerson,CCPR/C/GC/35,16December2014,para2, CCPR/C/21/Rev.1/Add.13, para.8. UN HumanRightsCommittee,GeneralComment31, sion/2015/AI.pdf Observations, Preventionoftheviolationsrighttolife Amnesty International, violations, IndependentSubmissionontheHumanRightsCommitteegeneralcommentarticle6for114thsession B. Frey, UniversityofMinnesotahumanrightsprogram, documents-dds-ny.un.org/doc/UNDOC/GEN/G16/078/72/PDF/G1607872.pdf?OpenElement , ISACS, , USAID,

www.huduser.gov/portal/periodicals/em/summer16/highlight2.html Human rightsandtheregulationofcivilianacquisition,possessionusefirearms Global StudyonHomicide2013:Trends, Contexts,Data www.amnesty.nl/actueel/use-of-force-guidelines-for-implementation-of-the-un-basic-principles-on-the-use-of-force-and-firearms-by- National regulationofcivilianaccesstosmallarmsandlightweapons What worksinreducingcommunityviolence:ameta-reviewandfieldstudyfortheNorthern Triangle www.unodc.org/pdf/crime/a_res_55/255e.pdf

, June2015,8.1.2,p.6,

The AccessibilityofFirearmsandRiskforSuicideHomicideVictimizationAmongHouseholdMembers: ASystematic The UNHumanRightsCommittee’s ProposedGeneralCommentontheRight To Life,AmnestyInternational’s Preliminary National regulationofcivilianaccesstosmallarmsandlightweapons

Office ofPolicyDevelopmentandResearch,USDepartmentHousingUrban(Summer www.smallarmsstandards.org/isacs/0330-en.pdf The NatureoftheGeneralLegalObligationImposedonStatesPartiesto , 21 January 2014,Vol 160,No.2, The obligationtorespectandprotecttherightlifeunderarticle6fromfirearm-related

, IOR40/1644/2015,p.10,

, March2014,p.53,

, 3.03,June2015, , FinalreportsubmittedbyBarbaraFrey, SpecialRapporteur, www.unodc.org/documents/data-and-analysis/statistics/

www.ohchr.org/Documents/HRBodies/CCPR/Discus www.documents-dds-ny.un.org/doc/UNDOC/GEN/ www.annals.org/article.aspx?articleid=1814426

National regulationofcivilianaccesstosmallarms

, A/HRC/32/21,15April2016,pas.52,54, , 11.3,p.13, www.smallarmsstandards.org/isacs/0330- , February2016, www.smallarmsstandards.org/ , 14July2015,pp.5-7. Covenant, www.usaid.gov/

- www. - - AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 159 - - , - - , Insti

www. www.un.org/

, American Jornal

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POL 34/001/2014, p. 17,

Ending it with a gun: global gun suicide statis www.jhsph.edu/research/centers-and-institutes/

, A/70/289, 5 August 2015, at 55, Guns & Suicide: The Hidden Toll, Harv. Pub. Harv. Guns & Suicide: The Hidden Toll, www.refworld.org/docid/3ae6b39ec.html www.corteidh.or.cr/docs/casos/articulos/seriec_63_ing. Guns don’t mean safety, especially for women safety, Guns don’t mean

Factsheet, , decision of 19 November 1999, Series C, Inter-American , decision of 19 November 1999, Series C, Inter-American www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf , Violence Policy Center, September 2013, , Violence Policy Center, www.annals.org/article.aspx?articleid=1814426 www.lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a- ; R. Sigsworth, ; R. Sigsworth, Firearm Availability and Unintentional Firearm Deaths, Suicide, and Firearm Availability www.gunbabygun.com/ending-gun-global-gun-suicide-statistics-exam , 2014, (hereinafter: WHO, Preventing suicide) , 2014, (hereinafter: WHO,

www.genevadeclaration.org/measurability/global-burden-of-armed-violence/gbav-2015/ http://www.genevadeclaration.org/measurability/global-burden-of-armed-violence/gbav- Guns and Violence against Women: Submission to the High Level Review of UNSCR Submission to the Women: Guns and Violence against www.ohchr.org/Documents/HRBodies/CCPR/GCArticle6/GCArticle6_EN.pdf www.ncbi.nlm.nih.gov/pubmed/23897090 www.issafrica.org/iss-today/guns-dont-mean-safety-especially-for-women www.content.csbs.utah.edu/~rhuef/courses/Notes5321-6321/trauma_article.pdf 17 of the Covenant, Concluding observations of the Committee on Economic, Social and Cultural Rights: 17 of the Covenant, Concluding observations of the

. Ann Intern Med. 2014; 160:101-110, Preventing suicide: A global imperative Preventing suicide: A global www.hsph.harvard.edu/magazine-features/guns-and-suicide-the-hidden-toll/ , 2002, www.peacewomen.org/system/files/global_study_submissions/Guns%20and%20Violence%20Against%20Women.

Street Children” (Villagran-Morales et al.) v. Guatemala Street Children” (Villagran-Morales et al.) v. The Accessibility of Firearms and Risk for Suicide and Homicide Victimization Among Household Members: A The Accessibility of Firearms and Risk for Suicide and , Giffords Law Center to Prevent Gun Violence, Center to Prevent Gun Violence, , Giffords Law Human Rights for Human Dignity: a primer on social, economic and cultural rights,

www.uhri.ohchr.org/document/index/e832dc45-5d24-4553-a926-f5a612d10eb3 When Men Murder Women: An Analysis of 2011 Homicide Data An Analysis of When Men Murder Women:

, Gun Baby Gun: A Bloody Journey into the world of the gun, , Gun Baby Gun: A Bloody Journey into the world of Change in suicide rates in Switzerland before and after firearm restriction resulting from the 2003 “Army XXI” reform Change in suicide rates in Switzerland before and after , Spring 2011, at 24, 26,

, for example, on Small Arms (IANSA), , International Action Network

According to an assessment by the Geneva Declaration, the total global costs of homicide – 40% of which is by firearm - in 2010, was US$171 According to an assessment by the Geneva Declaration, the total global costs of homicide – 40% of which billion, Global Burden of Armed Violence 2015, Chapter 5, 2015/chapter-5.html amnesty.org/download/Documents/8000/pol340012014en.pdf Annual report of the Special Representative of the Secretary-General on Violence against Children ga/search/view_doc.asp?symbol=A/70/289 is by firearm - in 2010, was US$171 According to an assessment by the Geneva Declaration, the total global costs of homicide – 40% of which billion, Global Burden of Armed Violence 2015, Chapter 5, chapter-5.html See, for instance, Case of the “ and AbreuBurelli, p. 2 pa. 4, Court of Human Rights, Opinion of Judges Cançado Trinidade pdf This of the right to live with dignity. “The arbitrary deprivation of life is not limited to the illicit act of homicide; it extends itself to the deprivation rights, as well as economic, social and outlook conceptualizes the right to life as belonging, at the same time, to the domain of civil and political cultural rights, thus illustrating the interrelation and indivisibility of all human rights.” Amnesty International, See also, September 2013 170(9):977-84. of Psychiatry. Infection and Critical Care, Injury, For the USA, see The Journal of Trauma, Olds Homicide among 5–14 Year 12 July 1993, pa. 5, A/CONF.157/23, Vienna Declaration and Programme of Action, UN Doc. WHO, Preventing suicide, p. 34. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to UN Human Rights Committee. General comment No. para. 10 . life; Revised draft prepared by the Rapporteur, Forty-fifth session, Geneva, 1-19 November 2010, Consideration of reports submitted UN Committee on Economic, Social and Cultural Rights, by States parties under articles 16 and Switzerland, pa. 19, ined/ Horvath et al, T. A. Anglemyer, Systematic Review and Meta-analysis WHO, Preventing suicide, p. 24. far higher rate than other means, M. Drexler, 85% of firearm suicide attempts end in death – a Health As outlined in the ICCPR, The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), The Convention against The Convention (CEDAW), Discrimination against Women The Convention on the Elimination of All Forms of As outlined in the ICCPR, conventions. and any applicable regional human rights (CAT), or Punishment or Degrading Treatment and Other Forms of Cruel, Inhuman Torture this is likely to be an under-esti that 804,000 suicide deaths occurred in 2012 although Health Organization (WHO) has estimated The World WHO, mate due to underreporting, bitstream/10665/131056/1/9789241564779_eng.pdf?ua=1&ua=1 and preventive measures, see I. Overton, For a summary of firearms suicide statistics, correlations tics examined See wmmw2013.pdf See Network, 1325 IANSA Women’s docx 18, comment No. 34, 12 September 2011, para ICCPR, CCPR/C/GC/34, General John Hopkins Bloomberg School of Public health, Center for Gun Policy and Research, health, Center for Gun Bloomberg School of Public John Hopkins johns-hopkins-center-for-gun-policy-and-research/publications/IPV_Guns.pdf Studies, 7 March 2016, tute for Security & Firearms Domestic Violence gun/domestic-violence-firearms/ 35 33 34 31 32 29 30 26 27 28 23 24 25 21 22 18 19 20 17 160 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 42 41 40 39 38 37 36 55 54 53 52 51 50 49 48 47 46 45 44 43 who arelikelytomisusethem”, armed privateactorsandindividuals,includingusingduediligencetopreventsmallarmslightweaponsfromgettingintothehandsofthose weapons See alsoUNSubcommissiononHumanRights,resolution2006/22, Principle 1,UNGuidingPrinciples. June 2011.TheUSAwasamemberoftheUNHumanRightsCouncilwhenresolutionadopted. (Hereinafter: UNGuidingPrinciples).TheHumanRightsCouncilendorsedthePrincipleswithoutavoteinitsresolution17/4of16 companies, JohnRuggie,UNDocA/HRC/17/31,21March2011. Framework UN HumanRightsCouncil, www.un.org/ga/search/view_doc.asp?symbol=A/70/289 Annual reportoftheSpecialRepresentativeSecretary-GeneralonViolenceagainstChildren Research_Notes/SAS-Research-Note-32.pdf Non-lethal FirearmViolence,SmallArmsSurveyresearchnotesarmedviolence,No.32,July2013, cussion PaperNo.9211,July2015, exposed tohighlevelsofviolenceduringthefirsttrimesterpregnancy, ViolenceandBirthOutcomes:EvidencefromHomicidesinBrazil,Dis For instance,onestudyinBrazilfoundsignificantnegativeimpactonbirthweightandgestationallengthoffoetuses,wherethemotherwas April 2008,Indexnumber:AMR19/001/2008, In relationtoBrazil,see,forinstance,AmnestyInternational, Force, USDoJ,12December2012, R.L. Listenbee,etal, emption-of-local-laws/ Preemption ofLocalLaws Fourteenth Amendment. ments oftheUnitedStatesConstitution (knownastheBillofRights)aremadeapplicabletostatesthrough DueProcessclauseofthe McDonald v. CityofChicago deeply rootedinthisNation’s historyandtradition?” the followingquery:“whetherrighttokeepandbeararmsisfundamental toourschemeoforderedliberty…?”meaning“whetherthisrightis the legalmechanismwherebyBillofRights,eitherinfullorpart,can be appliedtotheStates.InmakingtheirrulingCourtconsidered liberty, orproperty, withoutdueprocessoflaw;nordeny to anypersonwithinitsjurisdictiontheequalprotectionoflaws.”Incorporationis or enforceanylawwhichshallabridgetheprivilegesimmunitiesofcitizens oftheUnitedStates;norshallanystatedeprivepersonlife, McDonald v. CityofChicago District ofColumbiav. Heller District ofColumbiav. Heller District ofColumbiav. Heller United Statesv. Miller ment Amendment T. Check, 1983 D. Kates,Jr., Principle 11 Guiding Principlesalsostate:“CompaniesshouldnotundermineStates’abilitiestomeettheirownhumanrightsobligations…”.Commentary and relationships.Thisshouldinclude,forexample,[…]lobbyingactivitieswherehumanrightsareatstake.”CommentarytoPrinciple16.The strive forcoherencebetweentheirresponsibilitytorespecthumanrightsandpoliciesproceduresthatgovernwiderbusinessactivities The UNGuidingPrinciplesonBusinessandHumanRightsstate:“JustasStatesshouldworktowardspolicycoherence,socompaniesneedto PMC1731016/ ventable deathanalysisforthreesafetydevices,InjPrev., December2003,9(4):307–311,accessedat On evidenceofeffectivenessdifferenttypesfirearmsafetydevices,seeUnintentionalandundeterminedrelateddeaths:apre able deathanalysisforthreesafetydevices On evidenceofeffectivenessdifferenttypesfirearmsafetydevices,see exists overandabovecompliancewithnationallawsregulationsprotectinghumanrights.”Principle11,UNGuidingPrinciples. independently ofStates’abilitiesand/orwillingnesstofulfilltheirownhumanrightsobligations,anddoesnotdiminishthoseobligations.Andit “The responsibilitytorespecthumanrightsisaglobalstandardofexpectedconductforallbusinessenterpriseswherevertheyoperate.Itexists , JournalofAmericanHistory, 2Volume 69,pages599-614,1982 , A/HRC/Sub.1/58/L.11/Add.1,24August2006,which The RighttoBearArmsAnExampleof“UnpopularConstitutionalism”?:ComparingModernandHistoricalOpinionsonSecond , ReportoftheSpecialRepresentativeSecretaryGeneralonissuehumanrightsandtransnationalcorporationsother , FaulknerLawReview, Volume 6,pages283-303,March015,citingR.Shalhope, Handgun ProhibitionandtheOriginalMeaningofSecondAmendment

Report oftheAttorneyGeneral’s NationalTask ForceonChildrenExposedtoViolence

, 307U.S.174(1939) , GiffordLawCentertoPreventGunViolence, Guiding PrinciplesonBusinessandHumanRights:ImplementingtheUnitedNations“Protect,RespectRemedy” , No.08–1521(2010);Theincorporation doctrineisaconstitutionalthroughwhichthefirsttenamend , No.08–1521(2010)generally;TheUSConstitution,FourteenthAmendment whichreads:“Nostateshallmake , No.07–290(2008) , No.07–290(2008) , No.07–290(2008) www2.ohchr.org/english/bodies/subcom/docs/58/A.HRC.Sub.1.58.L.11.Add.1.pdf www.justice.gov/defendingchildhood/cev-rpt-full.pdf http://ftp.iza.org/dp9211.pdf , InjPrev., December2003,9(4):307–311,

www.amnesty.org/en/documents/amr19/001/2008/en/ McDonald Brazil: pickingupthepieces:women’s experienceofurbanviolenceinBrazil , at3036 “ urges

www.ohchr.org/Documents/Publications/Guiding-PrinciplesBusinessHR_EN.pdf Prevention ofhumanrightsviolationscommittedwithsmallarmsandlight

www.lawcenter.giffords.org/gun-laws/policy-areas/other-laws-policies/pre States totakeeffectivemeasuresminimizeviolencecarriedoutby Unintentional andundeterminedfirearmrelateddeaths:aprevent , MichiganLawReview, Volume 82,pages204-273, www.ncbi.nlm.nih.gov/pmc/articles/PMC1731016/

The IdeologicalOriginsoftheSecondAmend , UNDocA/70/289,5August2015,pa.56, www.smallarmssurvey.org/fileadmin/docs/H-

www.ncbi.nlm.nih.gov/pmc/articles/ , AttorneyGeneral’s NationalTask

- , 17

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www.wash www.hub.jhu. www.nrawlf.com/ , Duke Law Journal, Vol. , Duke Law Journal, Vol.

www.amarkfoundation.org/nra- www.amarkfoundation.org/nra- , Opensecrets.org, 9 November

www.washingtonpost.com/opin

www.smallarmssurvey.org/fileadmin/docs/A-Year National Rifle Association-Institute for Legislative , The Washington Post, 22 February 2018, , The Washington www.time.com/4431356/nra-gun-control-history/ www.npr.org/2017/10/10/556578593/the-nra-wasnt-always-

, The Hub, John Hopkins University, 17 May 2018, , The Hub, John Hopkins University,

. , W.W. Norton & Company, Inc., 2013, page 68 (Hereinafter: A. Winkler, Inc., 2013, page 68 (Hereinafter: A. Winkler, Norton & Company, , W.W. , Washington Post, 11 April 2014, , Washington www.law.duke.edu/gunlaws/ www.money.cnn.com/news/cnnmoney-investigates/nra-funding-donors/index.

NPR, 10 October 2017,

www.vpc.org/studies/bloodmoney2.pdf Commissioned by the A-Mark Foundation, 25 July 2015, , Commissioned by the A-Mark Foundation, 25 July 2015, , Commissioned by the A-Mark Foundation, 25 July , CNN (undated),

, Time Magazine, 29 July 2016, , Time www.nrafaf.org/what-we-do

www.home.nra.org/about-the-nra/ www.home.nra.org/about-the-nra/ www.nrawlf.com/media/6435/womens_leadership_forum_brochure.pdf , Duke University School of Law, Law, , Duke University School of www.nradefensefund.org/ The NRA placed bis bets on the 2016 election, and won almost all of them Who Funds the NRA?, Who Funds the NRA?

citing www.triggerthevote.org/ www.ssrn.com/abstract=3165011 www.nraila.org/articles/20110125/no-surrender

, The NRA, From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller An Empirical Analysis of the Right to Keep and Bear From Theory to Doctrine: The Straight skinny on the Firearms Owners’ Protection Act (FOPA), The money powering the NRA

, page 68 , page 68

The NRA once believed in gun control and had a leader who pushed for it The NRA once believed in gun control and had a leader The National Rifle Association, The NRA, Violence Policy Center, September 2013, September Violence Policy Center, When the NRA Supported Gun Control The Five Extra Words That Can Fix The Second Amendment That Can Fix The Second The Five Extra Words www.archive.org/stream/American_Rifleman_2016-10/American_Rifleman_2016-10_djvu.txt The NRA Freedom Action Foundation, Gun owners and non-gun owners agree on many gun safety proposals Gun owners and non-gun owners agree on many gun Gun Fight Gun Fight: The Battle Over the Right to Bear Arms in America Gun Fight: The Battle Over the Right to Bear Arms Gun Fight The NRA wasn’t always against gun restrictions, No Surrender, ) , M. Spies and A. Balcerzak, www.opensecrets.org/news/2016/11/the-nra-placed-big-bets-on-the-2016-election-and-won-almost-all-of-them/ Repository of Historical Gun Laws Repository of Historical Gun

, Chapter 1 on international standards on the use of firearms by civilians in non-conflict settings, particularly standards and credible justifica standards on the use of firearms by civilians in , Chapter 1 on international B. Ellis and M. Hicken, National Rifle Association, About the NRA, DeFrancesco, J. Hendricks and T. who-funds-the-nra-11-13-15.pdf The NRA Foundation, a tax-exempt organization which provides for “a wide range of The NRA has also established the following organizations: NRA Special Contribution Fund, a tax exempt center “which hosts many competitive, educa firearm-related public interest activities;” and The Several other organizations and “departments” are identified, see tional and recreational activities in all shooting disciplines. media/6435/womens_leadership_forum_brochure.pdf A. Samuels, edu/2018/05/17/gun-control-measures-gun-owners-survey/ A. Winkler, A. Winkler, Blood Money II, A.L. Coleman, A. Winkler, Gun Fight D. Hardy, D. Hardy, Action, 25 January 2011, Act of 1968) Gun Control Act of 1968, Pub.L. 90-618, 82 Stat. 1213, 1968 (Hereinafter: Gun Control J. Hendricks, and T. DeFrancesco, J. Hendricks, and T. who-funds-the-nra-11-13-15.pdf R. Elving, against-gun-restrictions See also 2016, html Civil Rights Defense Fund Do, What We the Vote, Trigger M.S. Rosenwald, ingtonpost.com/news/retropolis/wp/2017/10/05/the-forgotten-nra-leader-who-despised-the-promiscuous-toting-of-guns/?utm_term=.16cc18b1c7c7 See tion, for instance. See, of the NRA Magazine American Rifleman. Recent issues of the American Rifleman may be This message appears on the title page of each issue accessed at: About The NRA, Small Arms Survey 2011, Balancing Act, p. 36 Small Arms Survey 2011, E. Ruben and J. Blocher, 67, No. 7, 18 April 2018, Stevens, J.P. ions/the-five-extra-words-that-can-fix-the-second-amendment/2014/04/11/f8a19578-b8fa-11e3-96ae-f2c36d2b1245_story.html?utm_ter m=.7163eff44d77 In federal states, such as the USA and Australia, firearms are primarily regulated at the state, rather than the federal level. state, rather than the federal regulated at the Australia, firearms are primarily such as the USA and In federal states, of civilian firearms possession, Act: regulation 2011, Chapter 9, Balancing Small Arms Survey book/2011/en/Small-Arms-Survey-2011-Chapter-09-EN.pdf Balancing Act). Small Arms Survey 2011, (Hereinafter: 74 72 73 68 69 70 71 66 67 80 81 78 79 75 76 77 65 61 62 63 64 58 59 60 56 57 162 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 100 99 98 97 96 95 94 93 92 91 90 89 88 87 86 85 84 83 82 and 80.3 percent ofnon-gun owners. violence restraining orders,whicharecommonlyreferred to asextremeriskprotectionordersor RedFlaglawssupportedby74.6percentofgun owners for peoplesubjectto temporarydomesticviolencerestraining orderssupportedby76.9percent ofgunownersand82.3percentnon-gunowners, Gun records relatedtomental illnessforbackgroundcheckssupported by83.9percentofgunowners and83.5percentofnon-gunowners;Gunprohibitions training standardsforconcealed-carry permit holderssupportedby83percentofgunownersand85.3 non-gun owners;Improvedreportingof cannot accountfor20ormoregunsin theirinventorysupportedby82.1percentofgunownersand85.7 of non-gunowners;Highersafety Universal backgroundcheckssupported by85.3percentofgunownersand88.7non-gunowners;License suspensionforgundealerswho sures-gun-owners-survey/ Gun ownersandagreeonmany gunsafetyproposals new-poll-finds/ www.americanprogress.org/press/release/2015/11/17/125618/release-gun-owners-overwhelmingly-support-background-checks-see-nra-as-out-of-touch- Gun OwnersOverwhelminglySupportBackgroundChecks,SeeNRAasOutof Touch, NewPollFinds sults-11.17.15.pdf Public PolicyPolling,11-12November2015, W. Krouse, Gun OwnersofAmerica,About, of-america-defends-second-amendment-more-than-nra/ T. Brown,GunOwnersOfAmericaDefendsSecondAmendmentMoreThanNRA,FreedomOutpost,6April 2013, Justices 1789toPresent,USSupremeCourt, nra-hijacked-the-republican-party/ N. Wapshott, latimes.com/business/hiltzik/la-fi-hiltzik-gun-research-funding-20160614-snap-story.html M. Hiltzik, State Legislation tics/2018/03/the-nra-just-sued-florida-for-raising-the-minimum-age-to-purchase-a-gun/ E. Rios, security-gun-prohibition-rule Social SecurityGunProhibitionRule President DonaldTrump himselfreversedtheSocialSecurityGunProhibitionRulein2017, www.businessinsider.com/nra-spending-budget-lobbying-in-2017-2017-9 A. Yablon andM.Spies, See discussionoftheConcealedCarryReciprocityActinChapter5.3.4 al-rifle-association-money-influence/ A. BerlowandG.Witkin, com/2013/04/17/background-checks-bill_n_3103341.html M. McAuliff, 2019/WashingtonPost/2013/04/16/National-Politics/Polling/release_226.xml?tid=a_mcntx April 2013Post-ABCpoll-economy, guncontrol,andimmigrationissues,TheWashington Pots,4May2013, The BradyLaw nals-best-friend.pdf The NRA:ACriminalsBestFriend printz-v-united-states Printz v. UnitedStates, org/sites/default/files/criminals-best-friend.pdf A. Winkler, A. Winkler., nals-best-friend.pdf The NRA:ACriminalsBestFriend Action, January25,2011, D. Hardy, Action, 25January2011, D. Hardy, control-history/#.WZQbjrpuI2x Gun ControlActof1968;C.Kim, The NRAJustSuedFloridaforRaisingtheMinimumAgetoPurchaseaGun No Surrender, No Surrender, ThestraightskinnyontheFirearmsOwnersProtectionAct The NRAhasblockedgunviolenceresearchfor20years.Let’s enditsstrangleholdonscience Gun ControlLegislation Gun Gun Fight Gun BillBackgroundCheckAmendmentFails,OtherKeyProvisionsFollow How theNRAhijackedRepublicanParty

, BureauofAlcoholTobacco, FirearmsandExplosives, Fight, page71-72; , NRA-IL,

, page71.

The FederalistSociety, Federalism&SeparationofPowersPracticeGroupNewsletter, 1997, The StraightskinnyontheFirearmsOwners’ProtectionAct(FOPA) thelawthatsavedgunrights, The NRAhasalreadyspentmoremoneyonlobbyingin2017thanitdidalllastyear

What theNRA’s MillionsDo—andDon’t—Buy www.nraila.org/articles/20110125/no-surrender www.nraila.org/legal-legislation/state-legislation/ www.nraila.org/articles/20110125/no-surrender

www.gunowners.org/protect.htm

, TheBradyCampaigntoEndGunViolence,October2006, , TheBradyCampaigntoEndGunViolence,October2006, A LookBackatGunControlHistory, NBCNews,23January2013, , CongressionalResearchCenter, 14November2012, The NRA:ACriminalsBestFriend

, NRA-IL,3March2017,

www.supremecourt.gov/about/members_text.aspx https://cdn.americanprogress.org/wp-content/uploads/2015/11/17054452/PPP-GunOwnersPollRe

, Reuters,18January2013,

, JohnHopkinsUniversity, 17May2018, www.nraila.org/articles/20170303/a-promise-kept-trump-signs-repeal-of-obama-era-social-

www.atf.gov/rules-and-regulations/brady-law , TheBradyCampaigntoEndGunViolence,October2006, , MotherJones,1May2013, l

(FOPA) thelawthatsavedgunrights , MotherJones,9March2018,

www.blogs.reuters.com/nicholas-wapshott/2013/01/18/how-the- , TheHuffingtonPost,6December2017, www.fas.org/sgp/crs/misc/RL32842.pdf

see, www.bradycampaign.org/sites/default/files/crimi www.bradycampaign.org/sites/default/files/crimi

A PromiseKept:Trump SignsRepealofObama-Era , CenterforAmericanProgress,17November2015, www.motherjones.com/politics/2013/05/nra-nation www.nbcnews.com/id/50559139/t/look-back-gun- www.hub.jhu.edu/2018/05/17/gun-control-mea , LosAngelesTimes, 14June2016, , BusinessInsider, www.washingtonpost.com/page/2010-

www.freedomoutpost.com/gun-owners-

www.motherjones.com/poli www.fed-soc.org/publications/detail/ , NRAInstituteforLegislative NRAInstituteforLegislative

12 September2017, www.bradycampaign. www.huffingtonpost. - - www. - - - - AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 163 - - -

- - - See Brady - www.networkfor www.bradycampaign. www.aap.org/en-us/advoca

www.usatoday.com/story/news/ www.bradycampaign.org/sites/

www.politifact.com/wisconsin/state . Since 1994, The Brady Act has www.actionnetwork.org/forms/pledge-4 www.thedailybeast.com/pediatricians-take-

www.ama-assn.org/ama-calls-gun-violence-public-health-

www.apa.org/pubs/info/reports/gun-violence-prevention.

Politico, 3 October 2017, Politico, 3 October , USA Today, 10 February 2017, , USA Today,

, The Brady Center to Prevent Gun Violence, www.politico.com/story/2018/02/28/gun-control-polling-park Network for Public Education, 16 February 2018, American Academy of Pediatrics, 2012, American Academy of Pediatrics, The Daily Beast, 15 May 2014, The Daily Beast, 15 May 2014, . .

, , American Federation of Teachers, , American Federation of Teachers,

www.bradycampaign.org/jim-and-sarah-brady www.bradycampaign.org/legal-action-project

Changing Laws www.apha.org/-/media/files/pdf/factsheets/160317_gunviolencefs.ashx

www.everytownresearch.org/issue/litigation/?filter-by=all www.edition.cnn.com/interactive/2015/10/us/other-gun-lobby/ American Medical Association, 2016, American Medical Association,

, American Psychological Association, , American Psychological

, Politico, 28 February 2018, , Politico, 28 . www.bradycampaign.org/bradycenter www.communityjusticerc.org/ www.communityjusticerc.org/ www.everytown.org/who-we-are/ www.everytown.org/who-we-are/

CNN, 2015, www.webappa.cdc.gov/sasweb/ncipc/mortrate.html www.csgv.org/ wwweverytownresearch.org/about/ www.everytownresearch.org/about/ www.everytownresearch.org/about/

The Brady Campaign to Prevent Gun Violence and Affiliates, 13 December 2016, The Brady Campaign to Prevent Gun Violence and Affiliates, , Everytown for Gun Safety, , Everytown for Gun Safety,

American Public Health Association, American Public Health Association, www.giffords.org/about/our-victories/

Pediatricians Take on the NRA Over Gun Safety on the NRA Over Pediatricians Take The Brady Center to Prevent Gun Violence, , The Brady Center to Prevent Gun Violence, www.giffords.org/about/history/ The Other Gun Lobby, The Other Gun Lobby, Gabby Giffords’ gun-control group gets new law enforcement allies Gabby Giffords’ gun-control group gets new law enforcement Join us in a Day of Action to Stop Gun Violence in our Schools, Join us in a Day of Action to Stop Gun Violence in

Everytown for Gun Safety, Everytown for Gun Safety, Do 90% of Americans support background checks for all gun sales?, support background Do 90% of Americans , Giffords,

Gun control support surges in polls Gun control support , , B. Zadrozny,

, Everytown for Gun Safety, Everytown for Gun Safety, Everytown for Gun Safety, , Giffords,

www.cdc.gov/injury/wisqars/fatal.html , , ,

Analysis of Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Injury prevention & control; Data statis Analysis of Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, tics (WISQARS), Fatal Injury Reports, Total: 14,415; African in 2016: Firearm Deaths in 2016 (all races, all ages): 38,658; Whites: 23,857, Black: 10,101; For firearm homicides American: 8,434, African American men 7573. Centers for Disease Control and Prevention, Web-based Injury Statistics Query and Reporting Systems: Fatal Injury Data & Nonfatal Injury Re Injury Statistics Query and Reporting Systems: Fatal Injury Centers for Disease Control and Prevention, Web-based ports, Our Victories The Coalition to Stop Gun Violence, The Community Justice Reform Coalition, Who We Are Who We About Litigation and Enforcement History Legal Action Project, Consolidated Financial Report, default/files/BradyCampaign-and-Affiliates2016-Consolidated-Financial-Report.pdf Are Who We Brady Handgun Violence Prevention Act (Brady Act) enacted in 1993, mandates, among other things, a five day waiting period for handgun Brady Handgun Violence Prevention Act (Brady Act) check for every firearm purchased from a federally licensed gun dealer. purchases, and requires a National Instant Crime Background 107 Stat. 1536, 1993 (herein after “The Brady Act”) Handgun Violence Prevention Act, Pub.L. 103–159, See, blocked over 2.4 million prohibited purchases of firearms. org/our-work/changing-laws The Brady Center to Prevent Gun Violence. publiceducation.org/2018/02/join-us-day-action-stop-gun-violence-schools/ end the violence Pledge to vote for candidates who will take action to Drash, et al, W. The Community Justice Reform Coalition, Jim and Sarah Brady cy-and-policy/federal-advocacy/Documents/AAPGunViolencePreventionPolicyRecommendations_Jan2013.pdf cy-and-policy/federal-advocacy/Documents/AAPGunViolencePreventionPolicyRecommendations_Jan2013.pdf See also on-the-nra-over-gun-safety N. Gaudiano, politics/2017/02/10/gabby-giffords-anti-gun-group-gets-new-law-enforcement-allies/97717228/ D. Cimarusti, ?la=en&hash=AB71DE1BEDEBB2A797F8EC378E672791904FCF87 Prevention, and Policy Gun Violence: Prediction, aspx Public Health Crisis,” AMA Calls Gun Violence “A crisis Gun Violence Policy Recommendations, American Academy of Pediatrics S. Shepard, land-430099 Kertscher, T. ments/2017/oct/03/chris-abele/do-90-americans-support-background-checks-all-gun-/ Preventing Gun Violence, 122 121 118 119 120 114 About 115 116 117 113 About 112 109 110 111 107 108 104 105 106 101 102 103 164 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 142 141 140 139 138 137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 American: 8,434,AfricanAmericanmen 7573). (Firearm Deathsin2016(allraces,all ages):38,658;Whites:23,857,Black:10,101;For firearmhomicidesin2016: Total: 14,415;African tics (WISQARS),FatalInjuryReports, Analysis ofCentersforDiseaseControl andPrevention,NationalCenterforInjuryPreventionControl,prevention &control;Datastatis US CensusBureauData,2016, 9d1e-83da-11e6-a3ef-f35afb41797f_story.html?utm_term=.a985c9575a1d 2016, P. Dvorak, ad93c5c02fc1/ Crime & Phillips v. FederalBureauof Prisons Phillips v. FederalBureauof Prisons cle/2005/11/23/AR2005112302014.html P. Dvorak, mpdc/publication/attachments/phillips_scorpio.pdf As of5May2017,seeMetropolitanPoliceDepartment,PublicBulletinNo.2016-HOM-091716B, 1_07-cv-04972-0.pdf Marshall v. Chandler bune.com/1995-11-29/news/9512130412_1_shot-shooting-student See also 1_07-cv-04972-0.pdf Marshall v. Chandler news/0004280308_1_pat-camden-violence-easygoing-child T. McCann, er-of-remaining-child C. Corley, mythsandfacts.pdf A FewMythsandFactsaboutFirearmViolence crs/misc/R44126.pdf W.J. Krouse, Analysis ofRecentMassShootings, crs/misc/R44126.pdf W.J. Krouse, The averagenumberofannualfirearmsuicidesbetween2000-2016is18,822peryear. System (WISQARS), Centers forDiseaseControlandPrevention,NationalInjuryPreventionControl,Web-based InjuryStatisticsQueryandReporting Everytown forGunSafety, GunLawNavigator, OverviewofStateGunlaws, ship; and(C)thefrequencyofinteractionbetweenpersonsinvolvedinrelationship.”42U.S.C.S.§13925(7) the existenceofsucharelationshipshallbedeterminedbasedonconsiderationof--(A)lengthrelationship;(B)thetyperelation The termdatingpartner“referstoapersonwhoisorhasbeeninsocialrelationshipofromanticintimatenaturewiththeabuser, andwhere gun/domestic-violence-firearms/ Domestic Violence&Firearms (Site providescomprehensiveandregularlyupdatedlistofschoolshootingssince2013). School ShootingsinAmericaSince2013 wp/2018/03/23/more-than-26000-children-and-teens-have-been-killed-in-gun-violence-since-1999/?utm_term=.c6ef328dbfdb children andteenshavebeenkilledingunviolencesince1999 In 2016,1,637childrendiedfromgun-relatedhomicides,unintentionalshootingsorsuicideintheUSA.C.Ingraham, ports, Centers forDiseaseControlandPrevention,Web-based InjuryStatisticsQueryandReportingSystems:FatalData&NonfatalRe www.cdc.gov/injury/wisqars/fatal.html www.washingtonpost.com/local/shes-lost-four-sons-to-gun-violence-no-one-has-gone-to-jail-do-these-black-lives-matter/2016/09/26/f01c , TheWashington Post,29November2003, , J.Thornton, Gun ViolenceRobsMotherof4 She HasLost4SonstoGunViolence.NoOneGoneJail.DoTheseBlack LivesMatter?, Woman LosesaThirdSontoViolence Girl DiesAfterCabriniShooting Mass MurderwithFirearms:IncidentsandVictims,1999-2013 Mass MurderwithFirearms:IncidentsandVictims,1999-2013

, Case:1:07-cv-04972,13January2010, , Case:1:07-cv-04972,13January2010, www.cdc.gov/injury/wisqars/fatal.html

High SchoolStudentShotPoint-blankonStateStreet , GiffordsLawCentertoPreventGunViolence,

www.census.gov/quickfacts/table/PST045216/00 EverytownForGunSafety, , 271F.Supp.2d 97(2003) , 271F.Supp.2d 97(2003) www.webappa.cdc.gov/sasweb/ncipc/mortrate.html , EverytownforGunSafety, th Child . , ChicagoTribune, 28April2000,

, UCDavisViolencePreventionProgram, , TheWashington Post,24November2005, , NPR,5February2013,

www.washingtonpost.com/archive/local/2003/11/29/crime-38/548e8a86-3bec-4e3d-a2be-

www.everytownresearch.org/reports/mass-shootings-analysis/ , TheWashington Post,23March2018, www.gpo.gov/fdsys/pkg/USCOURTS-ilnd-1_07-cv-04972/pdf/USCOURTS-ilnd- www.gpo.gov/fdsys/pkg/USCOURTS-ilnd-1_07-cv-04972/pdf/USCOURTS-ilnd- . www.everytownresearch.org/school-shootings/ www.npr.org/2013/02/05/171130943/gun-violence-robs-chicago-moth www.everytownresearch.org/navigator/country.html , TheChicagoTribune, 29November1995, , CongressionalResearchService,30July2015, , CongressionalResearchService,30July2015, www.lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a- . www.articles.chicagotribune.com/2000-04-28/ . www.ucdmc.ucdavis.edu/vprp/pdf-other/2016Firearms

www.washingtonpost.com/wp-dyn/content/arti www.mpdc.dc.gov/sites/default/files/dc/sites/ www.washingtonpost.com/news/wonk/ TheWashington Post,26September

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, The Health and Human

www.news.medill.northwestern. , WUSF Public Media, 15 August , The Trace, 29 March 2017, , The Trace,

Communities Traumatized By Gun Violence Need Communities Traumatized C. Williams, C. Williams, www.state.gov/documents/organization/235644.pdf , Medill Report, 6 February 2018,

www.nbcnews.com/think/opinion/communities-traumatized-gun-violence-

www.lawcenter.giffords.org/gun-laws/policy-areas/other-laws-policies/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 , NBC News, 9 February 2018, www.hhrjournal.org/2013/08/the-health-and-human-rights-of-survivors-of-gun-violence-charting-a-research- www.ohchr.org/en/newsevents/pages/displaynews.aspx?newsid=17000&langid=e , Giffords Law Center to Prevent Gun Violence, 16 July 2017, Citing: P. J. Cook and J. Ludwig, , Giffords Law Center to Prevent Gun Violence, 16 July 2017, Citing: P. J.

The Health and Human Rights of Survivors of Gun Violence: Charting a Research and Policy Agenda The High Cost of Treating Gun Violence Victims Hits Southerners Especially Hard The High Cost of Treating Psychological Impact of Gun Violence Causes Public Health Crisis After Getting Shot, Survivors Of Gun Violence Struggle To Find Resources To Deal With Trauma Deal With Find Resources To After Getting Shot, Survivors Of Gun Violence Struggle To www.wusfnews.wusf.usf.edu/post/after-getting-shot-survivors-gun-violence-struggle-find-resources-deal-trauma New York: Oxford University Press, 2000, New York: Rights Journal, 20 August 2013, and-policy-agenda/ M. Kohrman, org/2017/03/gun-violence-victims-treatment-high-cost-southern-states/ I. Marcus, edu/chicago/psychological-impact-of-gun-violence-causes-public-health-crisis/ Mental Health Care, Not More Cops need-mental-health-care-not-more-ncna846081 N. Green, 2017, C. Buchanan, Interviews conducted by Amnesty International with gun violence survivors and community advocates in New Orleans, Louisiana and Chicago, Interviews conducted by Amnesty International with gun violence survivors and community advocates firearms for protection, in the absence Illinois indicated that children and youth in communities impacted by gun violence, feel the need to carry safe in their neighborhoods and/or com of police protection and in situations where one or both guardians are working and children do not feel muting to and from school. Intervention Programs Costs, Concluding Observations on the Fourth Periodic Report of the United States of America 5-6, UN. Doc. CCPR/C/USA/CO/4, 23 April 2014, Concluding Observations on the Fourth Periodic Report un.org/en/ga/search/view_doc.asp?symbol=CCPR/C/USA/CO/4 gun violence, the Committee remains concerned about the continuing high numbers of (“While acknowledging the measures taken to reduce of gun violence on minorities, women, and children. While commending the investiga gun-related deaths and injuries and the disparate impact Ground” laws, the Committee is concerned of the discriminatory effect of the “Stand Your tion by the United States Commission on Civil Rights duty to to circumvent the limits of legitimate self-defense in violation of the State party’s about the proliferation of such laws which are used protect life (arts. 2, 6, and 26). Concluding Observations on the Fourth Periodic Report of the United States of America 5-6, UN. Doc. CCPR/C/USA/CO/4 23 April 2014 Concluding Observations on the Fourth Periodic Report un.org/en/ga/search/view_doc.asp?symbol=CCPR/C/USA/CO/4 gun violence, the Committee remains concerned about the continuing high numbers of (“While acknowledging the measures taken to reduce of gun violence on minorities, women, and children. While commending the investiga gun-related deaths and injuries and the disparate impact Ground” laws, the Committee is concerned of the discriminatory effect of the “Stand Your tion by the United States Commission on Civil Rights duty to to circumvent the limits of legitimate self-defense in violation of the State party’s about the proliferation of such laws which are used protect life (arts. 2, 6, and 26). (“While acknowledging the measures taken to reduce gun violence, the Committee remains concerned about the continuing high numbers of (“While acknowledging the measures taken to reduce of gun violence on minorities, women, and children. While commending the investiga gun-related deaths and injuries and the disparate impact Ground” laws, the Committee is concerned of the discriminatory effect of the “Stand Your tion by the United States Commission on Civil Rights duty to to circumvent the limits of legitimate self-defense in violation of the State party’s about the proliferation of such laws which are used protect life (arts. 2, 6, and 26). Seventh to Ninth Periodic Reports of the United States, Committee on the Elimination of see also Concluding Observations on the Combined 25 September 2014, Racial Discrimination, UN. Doc. CERD/C/USA/CO/7-9, the USA, 19-29 January 2016, the USA, 19-29 January 2016, American communities, as evidenced by the lack of gun control with due diligence to protect the rights of African “The state is also not acting supremacist terror groups are still active in the USA targeting the among others. Hate crime groups, including white and stand your ground laws, seen in the attack at the church in Charleston in 2015.”) Black community as was of the United States of America 5-6, UN. Doc. CCPR/C/USA/CO/4, 23 April 2014, Concluding Observations on the Fourth Periodic Report un.org/en/ga/search/view_doc.asp?symbol=CCPR/C/USA/CO/4 statistics (WISQARS), Fatal Injury Reports, statistics (WISQARS), Fatal Prevention and Control, Injury prevention & control; Data Control and Prevention, National Center for Injury Analysis of Centers for Disease Injury Reports, statistics (WISQARS), Fatal 82.75; crude rate for non-Hispanic white males, age 15-34, was for non-Hispanic black males, age 15-34 was (Crude rate of firearm homicide males age 15-34 was 14.42). 4.15; crude rate for Hispanic visit to of African Descent, on the conclusion of its official Group of Experts on People the United Nations’ Working Statement to the Media by & control; Data & control; Data and Control, Injury prevention Center for Injury Prevention and Prevention, National for Disease Control Analysis of Centers Fatal Injury Reports, statistics (WISQARS), African Total: 14,415; homicides in 2016: firearm Black: 10,101; For ages): 38,658; Whites: 23,857, in 2016 (all races, all (Firearm Deaths 7573; African American men American: 8,434, Prevention and Control, Injury prevention & control; Data Control and Prevention, National Center for Injury Analysis of Centers for Disease

152 153 150 151 149 148

147 145 146 143 144 166 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 173 172 171 170 169 168 167 166 165 164 163 162 161 160 159 158 157 156 155 154 tent/uploads/2015/08/StateofBlackNewOrleans_TenYearsPostKatrina.pdf Urban LeagueofGreaterNewOrleans, entry/new-orleans-charter-schools-problems-exposed-at-naacp_us_58ff4297e4b0c13feaa5c810 B. Quigley theadvocate.com/new_orleans/news/education/article_9fcf5c28-d921-11e7-8941-2f443707867e.html J. Williams, demic-outcomes.pdf?sfvrsn=2 Academic Outcomes loads/2015/08/StateofBlackNewOrleans_TenYearsPostKatrina.pdf Urban LeagueofGreaterNewOrleans, reports_analysis/prosperity-index/ A. PlyerandL.Gardere, US CensusBureau, American CommunitySurvey, 2012-2016 Quick Facts:NewOrleanscity, Louisiana der-problem.html F. FessendenandH.Park, tics/chicagos-gun-violence-role-national-gun-debate/story?id=18365373 E. Deruy, 5d4658e2ca19f4f225b810ce0dbdb9231cbdb8d702e784087469ee3/UChicagoCrimeLab+Gun+Violence+in+Chicago+2016.pdf Gun ViolenceinChicago,2016 Quick Facts:ChicagoCity, Illinois 5d4658e2ca19f4f225b810ce0dbdb9231cbdb8d702e784087469ee3/UChicagoCrimeLab+Gun+Violence+in+Chicago+2016.pdf University ofChicagoCrimeLab, ssf/2018/02/new_orleans_shootings_2017_num.html E. Lane, 5d4658e2ca19f4f225b810ce0dbdb9231cbdb8d702e784087469ee3/UChicagoCrimeLab+Gun+Violence+in+Chicago+2016.pdf University ofChicagoCrimeLab, go.cbslocal.com/2017/01/01/supt-johnson-promises-to-counter-2016-murder-spike-with-technology-new-hires/ M. FloresFiore, (The vastmajorityofmurdervictimsinNewOrleanseachyearareblackmales). NOLA CrimeNews,OnNOLA’s MurderClearanceRate ssf/2018/02/new_orleans_shootings_2017_num.html E. Lane, health/gun-deaths-in-men-by-state-study/index.html J. Howard, www.usatoday.com/story/news/nation/2018/02/21/states-most-and-least-gun-violence-see-where-your-state-stacks-up/359395002/ T. C.FrohlichandJ.Harrington, adrm/carra-wp-2017-01.pdf Applications, USCensusBureau,Working Paper2017-1,3January2017, R. Akee,etal February 2018, A. Hanks,etal ries D. Asante-Muhammed,etal, Characteristics: 2015and2016.UnitedStatesCensusBureau, J.L. Semega.K.R.Fontenot,andM.A.Kollar. amnesty.org/download/Documents/8000/pol340012014en.pdf Amnesty International,HumansRightsforHumanDignity:aprimeronsocial,economicandculturalrights,POL34/001/2014,p.17, , InstituteforPolicyStudies,August2016, Gun ViolenceinNewOrleans2017:WhoWas ShotandWhere Gun ViolenceinNewOrleans2017:WhoWas ShotandWhere Chicago’s gunviolencehasaroleinthenationaldebate , NewOrleansCharterSchoolProblems ExposedatNAACPHearing The DisparitiesinHowBlackandWhiteMenDieGunViolence,Stateby Report: InequitiesPersistforLow-IncomeBlackStudentsinNewOrleansPublic Schools , AddingInsulttoInjury:RacialDisparityinanEraofIncreasingIncomeInequality, , SystemicInequality:HowAmerica’s StructuralRacismHelpedCreatetheBlack-WhiteWealth Gap Supt. JohnsonPromisesTo Counter2016MurderSpikeWith Technology, NewHires www.cdn.americanprogress.org/content/uploads/2018/02/20131806/RacialWealthGap-report.pdf

QuickFacts NewOrleanscity , LouisianaDepartmentofEducation, The NewOrleansProsperityIndex:Tricentinneal Edition Chicago’s murderproblem

The Ever-Growing Gap:Without Change,AfricanAmericanandLatinoFamiliesWon’t MatchWhiteWealth forCentu

, UniversityofChicagoCrimeLab,January2017,at13, States withthemost(andleast)gunviolence.Seewhereyourstatestacksup

Gun ViolenceinChicago,2016 Gun ViolenceinChicago,2016 , USCensusBureau, The StateofBlackNewOrleans-Ten Years PostKatrina The StateofBlackNewOrleans-Ten Years PostKatrina , USCensusBureau, , USCensusBureau, Income andPovertyintheUnitedStates, www.ips-dc.org/wp-content/uploads/2016/08/The-Ever-Growing-Gap-CFED_IPS-Final-2.pdf , Louisiana, . , NewYork Times, 27May2016, . , April2017, www.census.gov/quickfacts/fact/table/chicagocityillinois/PST045217 www.louisianabelieves.com/docs/default-source/katrina/final-louisana-believes-v5-aca www.census.gov/quickfacts/fact/table/neworleanscitylouisiana/PST120216 www.census.gov/quickfacts/fact/table/neworleanscitylouisiana/PST045216 www.factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml?src=bkmk www.census.gov/library/publications/2017/demo/p60-259.html , January2017,at13, , January2017,at9, www.nolacrimenews.com/2017/04/19/on-nolas-murder-clearance-rate/ , ABCNews,2February2013,

, TheTimes-Picayune, 8February2018, , TheTimes-Picayune, 8February2018, www.census.gov/content/dam/Census/library/working-papers/2017/ , TheHuffingtonPost,25April2017, , theDataCenter, 11April 2018, www.nytimes.com/interactive/2016/05/18/us/chicago-mur www.urbanlabs.uchicago.edu/attachments/store/2435a www.urbanlabs.uchicago.edu/attachments/store/2435a www.urbanlabs.uchicago.edu/attachments/store/2435a Table 3:PeopleandFamiliesinPovertybySelected , CNN,24April2018, , 2015, , 2015,at74,

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www.amnestyusa.org/wp-content/up Data Center, May 2018 at 1, 10-11, Data Center, Bringing Human Rights Home: Chicago and Illinois Gun ;

, The Data Center, April 2018, at 27-31, , The Data Center, , The Data Center, April 2018, at 27-31, April 2018, at 27-31, , The Data Center,

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. www.nationalequityatlas.org/sites/default/files/EP-New-Orle www.greatcities.uic.edu/wp-content/uploads/2017/06/HighCostsforY , The Times-Picayune, 19 September 2017, 19 September , The Times-Picayune, New Orleans Health Department, June 2013, New Orleans Health Department, , Amnesty International USA, 2014, at 2, www.statisticalatlas.com/place/Louisiana/New-Orleans/Household-Income www.greatcities.uic.edu/wp-content/uploads/2017/06/HighCostsforYouth-v1.5-min. , Midwest Coalition for Human Rights, July 2013, . www.statisticalatlas.com/place/Louisiana/New-Orleans/Employment-Status www.gnocdc.s3.amazonaws.com/reports/GNOCDC_StrengtheningOurWorkforce.pdf A Tale of Three Cities: The State of Racial Justice in Chicago Report A Tale A Tale of Three Cities: The State of Racial Justice in Chicago Report of Three Cities: The State of Racial Justice in Chicago A Tale . https://www.amnestyusa.org/files/bringinghumanrightshome_gunviolence.pdf Place Matters for Health in Orleans Parish: Ensuring Opportunities for Good Health for All Place Matters for Health in Orleans Parish: Ensuring www.dash.harvard.edu/bitstream/handle/1/17615700/Hwang_Sampson_Gentrification_ASR_2014_ www.greatcities.uic.edu/wp-content/uploads/2018/05/Industrial-Restructuring-v1.3.pdf

The High Costs for Out of School and Jobless Youth in Chicago and Cook County The High Costs for Out of School and Jobless Youth . . . , The Kellog Foundation, June 2017, , The Kellog Foundation, Industrial Restructuring and the Continuing Impact on Youth Employment in Illinois on Youth Industrial Restructuring and the Continuing Impact , The High Costs for Out of School and Jobless Youth in Chicago and Cook County , The High Costs for Out of School and Jobless Youth

Divergent Pathways of Gentrification: Racial Inequality and the Social Order of Renewal in Chicago Neighbourhoods, The New Orleans Prosperity Index, Tricentennial Edition The New Orleans Prosperity Index, Tricentennial The New Orleans Prosperity Index, Tricentennial Edition Index, Tricentennial The New Orleans Prosperity Advancing Health Equity in New Orleans: Building on Positive Change in Health, Advancing Health Equity

Strengthening Our Workforce from Within: Adult Education’s Role in Furthering Economic Growth in Greater New Orleans Growth in Greater New in Furthering Economic Role Adult Education’s from Within: Our Workforce Strengthening South side’s Transit Desert: More Trains Would be a Lifeline Would Desert: More Trains Transit South side’s Editorial: A Lower Black Jobless Rate. Somebody Tell Illinois Editorial: A Lower Black Jobless Rate. Somebody Tell Medicaid in Louisiana: Who gets it? How does it work? Medicaid in Louisiana: Who

Chicago Board of Education votes to close 4 Englewood schools Invest in Transit: The 2018-2023 Regional Transit Strategic Plan for Chicago and Northeastern Illinois The 2018-2023 Regional Transit Invest in Transit: www.jointcenter.org/docs/New%20Orleans%20CHERReport.pdf , Amnesty International USA, 2014, at 5, , , M.D. Wilson and T.L. Cordova, and T.L. , M.D. Wilson www.rtachicago.org/files/documents/Invest%20in%20Transit%202018-2023%20Regional%20Strategic%20Plan%20ScreenView%20

Chicago School Closings Threaten Human Rights of Students news/2013/7/press-release-chicago-school-closings-threaten-human-rights-of-students Violence The Institute for Research on Race and Public Policy, www.stateofracialjusticechicago.com/a-tale-of-three-cities/ M. Dwyer, M. Dwyer, day-on-closing-4-cps-schools-on-south-side/ to close four Englewood schools: Robeson High School will be closed this summer and Hope High School, (Chicago Board of Education Votes Englewood will be phased out over the next three years. CPS will also consolidate two schools in the South Loop Harper High School and Team Academy to a high school, an initiative has upset many in the community because it eliminates an elementary – converting National Teachers program with a predominantly African American and low-income population). p.25, for%20Web.pdf challenges: Long travel times, lack of employment in the area, and declining population.”) (“Transit J. Hwang and R. Sampson, 12 June 2014, American Sociological Review, Text%20(1).pdf?sequence=3 M.D. Wilson and T.L. Cordova and T.L. M.D. Wilson 42-47, Alternative Schools Network, May 2017, at 8, 17-18, pdf Editorial Board, ion/editorials/ct-transit-deserts-metra-electric-edit-0722-md-20160721-story.html See also M.D. Wilson and T.L. Cordova, and T.L. M.D. Wilson Alternative Schools Network, May 2018, at vi, See also 8, 17-18, 42-47, and the Alternative Schools Network, May 2017, at outh-v1.5-min.pdf The Institute for Research on Race and Public Policy, www.stateofracialjusticechicago.com/read-the-report/ loads/2017/04/bringinghumanrightshome_gunviolence.pdf Joint Center for Political and Economic Studies, at 1, 14, Editorial Board, news/opinion/editorials/ct-edit-black-unemployment-20180109-story.html Gun Violence Bringing Human Rights Home: Chicago and Illinois D. Broussard, et al, s3.amazonaws.com/gnocdc/reports/EMBARGO_prosperity_brief_broussard.pdf Health Disparities in New Orleans , Community Health Data Profile: Health-Department/Publications/Health-Disparities-in-New-Orleans-Community-Health-Data-Profile-final.pdf A. Plyer and L. Gardere, com/gnocdc/reports/ProsperityIndex.pdf A. Plyer and L. Gardere, com/gnocdc/reports/ProsperityIndex.pdf Orleans An Equity Profile of New ans-june21017-updated.pdf J. O’Donoghue, ssf/2017/09/medicaid_louisiana.html Statistical Atlas, New Orleans, Louisiana, Unemployment, New Orleans, Louisiana, Statistical Atlas, Household Income, New Orleans, Louisiana, Statistical Atlas, al, S. Sellers, et January 2013, Community Data Center, er New Orleans 189 190 188 187 186 184 185 181 182 183 179 180 177 178 174 175 176 168 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 203 200 202 201 199 198 197 196 195 The InstituteforResearchonRaceandPublicPolicy, ATale ofThreeCities:TheStateRacialJusticeinChicagoReport,May2017, 194 193 192 191 For moreinformation,seeSection5.1 onBackgroundChecks of co-offending. The researchersanalyzed5yearsofhomicide andpolicerecords,aswellanetworkof3718high-riskindividuals thatwascreatedbyinstances Public Health,Vol. 104,2014, loads/2015/06/cple_contract_for_policing_justice.pdf Consortium forPoliceLeadershipinEquity, enforcement.”) formally seekingjustice,somemayhavebeenencouragedtoresortretaliation, continuingthecycleofviolenceandfurthererodingtrustinlaw in thecriminaljusticesystemmayhavedeclinedascommunitymemberssaw thosewhocommittedactsofviolenceremainfree.Instead (“By failingtokeeppace[withasurgeingunviolence],thelikelihoodthatshooters areheldaccountabledeclines.Inaddition,publicconfidence 2ca19f4f225b810ce0dbdb9231cbdb8d702e784087469ee3/UChicagoCrimeLab+Gun+Violence+in+Chicago+2016.pdf A.V. PapachristosandC.Wildeman, lence-a-road-map-for-safer-communities.html Road MapforSaferCommunities Joint CenterforPoliticalandEconomicStudies,UrbanInstitute&JoyceFoundation, Fagan, T.R. Tyler, University ofChicagoCrimeLab, Police S.L. GabbidonandG.E.Higgins, loads/2015/06/cple_contract_for_policing_justice.pdf Consortium forPoliceLeadershipinEquity, The samewastruein2015,wherethepercentagesofassailantsunknownwere23.2%forwhitevictims,and43.6%blackvictims. tember 2016, M. FriedmanandJ.Cullen, since 2008.) (NOPD homicidespreadsheetsacquiredthroughapublicrecordsrequest,dataanalyzedtotallythepercentofmurderssolvedinanygivenyear ance-rate/ J. Asher, percent ofmurdersinvolvingaHispanicvictim”). (“86 percentoflastyear’s homicidesinvolvingawhitevictimhavebeensolved comparedwith45percentofmurdersablackvictimand56 tice-for-murder-victims-depend-on-race-geography See also tember 2016, M. FriedmanandJ.Cullen, cialjusticechicago.com/a-tale-of-three-cities/ June 2010, Latinos inChicago:ReflectionsofanAmericanlandscape, uninsured whitesand7.6percentAfricanAmericans.) (estimating thenumberofHispanicorLatinoindividualswithouthealthinsuranceinChicagoat16.9percent,ascomparedwith8.2percent l?pid=ACS_16_1YR_S2701&prodType=table American CommunitySurvey, 2016 139, 147, The InstituteforResearchonRaceandPublicPolicy, 31, Measuring Chicago’s Health,Findingsfromthe2014HealthyChicagoSurvey 140, The InstituteforResearchonRaceandPublicPolicy, 83-85, The InstituteforResearchonRaceandPublicPolicy, www.cityofchicago.org/content/dam/city/depts/cdph/CDPH/CDPH_HealthyChicagoSurveyReport.pdf www.stateofracialjusticechicago.com/a-tale-of-three-cities/ , PoliceQuarterly, Vol. 12,pp.102-115,2009 Why dopeoplecooperatewiththepolice?, www.stateofracialjusticechicago.com/a-tale-of-three-cities/ , On NOLA’s MurderClearanceRate Does JusticeForMurderVictimsDependOnRace,Geography?

Enhancing PoliceLegitimacy www.stateofracialjusticechicago.com/a-tale-of-three-cities/ www.latinostudies.nd.edu/assets/95299/original/latinos_in_chicago.pdf www.brennancenter.org/blog/what-clearance-rates-say-about-disparities-crime-and-prosecution-0 www.brennancenter.org/blog/what-clearance-rates-say-about-disparities-crime-and-prosecution-0 JustFacts: WhatClearanceRatesSayAboutDisparitiesinCrimeandProsecution JustFacts: WhatClearanceRatesSayAboutDisparitiesinCrimeandProsecution www.isps.yale.edu/research/publications/isps13-021 , 28April2016,at8, The RoleofRace/EthnicityandRaceRelationsonPublicOpinionRelatedtotheTreatment ofBlacksbythe Gun ViolenceinChicago,2016 , USCensusBureau, Network ExposureandHomicideVictimization inanAfricanAmericanCommunity , AnnalsoftheAmericanAcademyPoliticalandSocialScience,593,84-99, 2004;T.R. Tyler andJ. , NOLACrimeNews,19April2017, The ContractForPolicingJustice The ContractForPolicingJustice

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June 2015,at, www.urbanlabs.uchicago.edu/attachments/store/2435a5d4658e www,nolacrimenews.com/2017/04/19/on-nolas-murder-clear . Engaging CommunitiesinReducingGunViolence:A www.policingequity.org/wp-content/up www.npr.org/2014/01/13/262082861/does-jus www.policingequity.org/wp-content/up

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Hadiya Pendleton trial recap: Jury finds suspected gunman guilty in slaying Hadiya Pendleton trial recap: FBI,

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, Suspect in Hadiya’s Killing Claims Gang Leader Forced Him to Shoot Killing Claims Gang Leader Forced , Suspect in Hadiya’s , for instance, the Los Angeles Police Department, A. Hylton, See National Gang Threat Assessment, National Gang Threat Assessment Changing Course: Preventing Gang Membership, 2013 tend to be white in areas with large concentrations of white residents, particularly smaller cities flects the demographics of the area, so gang members Esbensen and D.C. Carson, or towns. See also, F.A. of American Youth Self-Reported Gang Members in a Seven-City Study T. Axlerod, T. gang-violence-is-on-the-rise-even-as-overall-violence-declines The 2011 National Gang Threat Assessment, report that gangs are responsible for at least 90 Illinois, Massachusetts, Oklahoma, and Texas Some jurisdictions in Arizona, California, Colorado, percent of crime news/local/breaking/ct-hadiya-pendleton-killing-court-met-20160322-story.html D. 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Evaluating the Effect of Project Longevity on Group-Involved Shootings and Homicides in New Haven, CT Evaluating the Effect of Project Longevity on Group-Involved Evaluating the Effect of Project Longevity on Group-Involved Shootings and Homicides in New Haven, CT Evaluating the Effect of Project Longevity on Group-Involved How gun traffickers get around state gun laws www.ag.ny.gov/press-release/ag-schneiderman-announces-first-its-kind-analysis-illustrating-gun-trafficking-ny The Doctor Who Predicted Chicago’s Homicide Epidemic The Doctor Who Predicted Chicago’s , Lax Gun Laws in Indiana Fuel Gun Violence in Chicago Record number of teens employed by One Summer Chicago in 2018 of teens employed by One Record number Why is Chicago Violence Skyrocketing, Why is Chicago Violence Skyrocketing, Don’t Shoot- A Radical Approach to the Problem of Gang Violence Addressing Urban Violence- the “Cure Violence” Public Health Approach

Rauner Halts Funding for Chicago Ceasefire, Rauner Halts Funding for ; ew Haven homicides hit new low, Chicago’s 762 homicides in 2016 is Highest in 19 years 762 homicides in 2016 Chicago’s National Crime Information Center, FBI, National Crime Information Center,

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PICO NationalNetwork, 10March2016,at14, See also, nij/188741.pdf Reducing GunViolence:TheBoston Project’s OperationCeasefire sites/default/files/USAID-2016-What-Works-in-Reducing-Community-Violence-Final-Report.pdf See USAID, Amnesty InternationalInterviewwith International InterviewwithNicholasHolmes,StreetOutreachWorker, FormerParticipant,CeasefireNewOrleans,1February2017 maker, 30November2016; AmnestyInternationalInterviewwith Department, 29November2016;AmnestyInternationalInterviewwith Ceasefire- Chicago,17October2016;AmnestyInternationalInterviewwith Amnesty InternationalInterviewwithChicoTillmon, ProjectManager, OperationCeasefire-ChicagoandMarkPayne,Executive Director, Operation (One thirdofAfricanAmericanmalesandone-sixthHispaniccanexpect togoprisonintheirlifetime.) pdf Justice System Report oftheSentencingProjecttoUnitedNationsHumanRightsCommittee RegardingtheRacialDisparitiesinUnitedStatesCriminal more-city/bs-md-ci-ceasefire-troubles-20150530-story.html J. Fenton, www.cureviolence.org/wp-content/uploads/2015/01/McCormick-CeaseFire-Evaluation-Quantitative.pdf et al noted thatincreasedpoliceresponsivenessandpresencewasalsoafactorconsideredintheevaluation,duringevaluationperiod.D.B.Henry, in techniquesofviolenceandganginterruptionimplementedbasedondifferingneighborhoodcharacteristicsbetweenthetwosites.Itshouldbe cent, butslightlyincreasedinNorthLawndaleby2.8percent.Differencesresultsmaybeattributedtonumerousfactors,cludingdivergence North Lawndaleand30.6percentinWoodlawn. Total violentcrimealsodecreasedinbothsites.ShootingsWoodlawn by30.7per implemented, todatafromSeptember20122013,aftertheimplementationofCeasefire.Homicidesdecreasedby42.4percentin Lawndale andWoodlawn neighborhoods.AnalysiscomparesdatafromSeptember2011to2012,beforetheCeasefirecontractwas See alsoHomicideandviolentcrimereductionsintwospecificareasChicagowhereCeasefire(CureViolencemodel)wasimplementedNorth edu/sites/default/files/publication/2015/10/sierra-arevalo_charette_papachristos_projectlongevityassessment_isps15-024_1.pdf M. Sierra-Arevalo,etal, represented adropof12percentfromthecity’s five-yearaverage D. B.Graham, org/wp-content/uploads/2018/02/Oakland%E2%80%99s-Successful-Gun-Violence-Reduction-Strategy-NICJR-Jan-2018.pdf D. Muhammad, cides in2017,thelowestrate17years, See e.g.Oakland,CaliforniaCeasefireProgramimplementedin2012,when126individualswerekilledascomparedwith74homi breaking-atf-record/ Gun StoreTheftsRiseAgainin2017,BreakingATF Record, federal-firearms-licensee-ffl-burglary-and-robbery-statistics-calendar-years-2013-2017 Federal FirearmsLicensee(FFL)BurglaryandRobberyStatisticsforCalendarYears 2013–2017 gang-thieves-use-rail-yards-as-shopping-malls-steal-scores-of-guns/ Gang ThievesUseRailYards asShoppingMalls,StealScoresofGuns trucks-us-atlanta/ B. Freskos, port-2015.pdf 2015 NationalGangReport, CHICAGO City ofChicago–OfficetheMayor, ChicagoPoliceDepartment, News, 24October2016, K. Lovett, crime-guns-from-out-of-state/2018/05/08/6a47fd2c-5300-11e8-a6d4-ca1d035642ce_story.html?noredirect=on&utm_term=.2ac7f3175de7 NJ Gov:77percentofcrimegunsfromoutstate ven-marks-lowest-homicide-number-in-decades-12464084.php Haven MarksLowestHomicideNumberinDecades2017 See alsoNewHaven,CTProjectLongevity(Ceasefiremodel)programreduceshomicidesfrom34in2012to72017,E.L.Hernandez, archives/2018/01/09/oakland-leaders-attribute-drop-in-homicides-and-shootings-due-to-ceasefire-program ., TheEffectofIntensiveCeaseFireInterventiononCrimeinFourChicagoPoliceBeats:QuantitativeAssessment

, 27May2014, Healing CommunitiesinCrisis:Lifesaving SolutionstotheUrbanGunViolenceEpidemic Attorney generalreportshows74%offirearmsusedinNew York crimeswereboughtinstateswithweakgunlaws, Anti-gun CeasefireProgramStrugglinginBaltimore, Guns AreStolenInAmericaUptoOnceEveryMinute What worksinreducingcommunityviolence: ameta-reviewandfieldstudyfortheNorthern Triangle

, TheSentencingProject,2013, Oakland LeadersAttributeDropinHomicidesandShootingstoCeasefireProgram:Thenumberofkillings2017--72

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To Reduce Gun Violence, Potential Offenders Offered Support and Cash To To Reduce Gun Violence, Potential Offenders Offered Support and Cash, To , The New Republic, 24 November 2015, Rauner Halths Funding for Ceasefire Beyond Gun Control: Why No One in Washington-Not Even President Obama- Will Embrace a Program That Could Actually Reduce Embrace a Program That Could Actually President Obama- Will Even Beyond Gun Control: Why No One in Washington-Not How the Gun Control Debate Ignores Black Lives How the Gun Control Debate Did This City Bring Down Its Murder Rate By Paying People Not to Kill? Healing Communities in Crisis: Lifesaving Solutions to the Urban Gun Violence Epidemic Solutions to the Urban in Crisis: Lifesaving Healing Communities

An Innovative Government Solution to Reducing Gun Violence W. Drash, W.

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293 294 Al-Jazeera America Profiles the Office of Neighborhood Safety and its Peacemaker Fellowship

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any

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, U.S. News & World Report, 6 August 2017, Report, 6 August 2017, , U.S. News & World Louisiana Prison Officials: 10,000 Inmates Would be Released Under Budget Cuts 10,000 Inmates Louisiana Prison Officials: More than 26,000 children and teens have been killed in gun violence since 1999 www.rrstar.com/news/20180608/budget-cuts-leave-criminal-offenders-fewer-options-for-rehabilitation-second-chances-in-winneba 3-Year-Old Who Died in Accidental Shooting Identified 3-Year-Old Rauner Signs Full State Budget for the First Time in His Term Rauner Signs Full State Budget for the First Time N. Penzenstadler, et al N. Penzenstadler, , Stop Gap Budget Failing to Erase Damage of State Impasse , Stop Gap Budget Failing to Erase Damage of State Budget cuts leave criminal offenders fewer options for rehabilitation, second chances in Winnebago County chances in Winnebago offenders fewer options for rehabilitation, second Budget cuts leave criminal www.usatoday.com/story/news/2017/05/24/justice-haphazard-when-kids-die-in-gun-accidents/101568654/ , The United Way, 22 June 2016, , The United Way, Fatal Force

_term=. washingtonpost.com/news/wonk/wp/2018/03/23/more-than-26000-children-and-teens-have-been-killed-in-gun-violence-since-1999/?utm c6ef328dbfdb 2017, et al, K. Fowler, pediatrics/early/2017/06/15/peds.2016-3486.full.pdf et al, K. Fowler, pediatrics/early/2017/06/15/peds.2016-3486.full.pdf C. Ingraham, june2015.pdf Andersen and A. Picon, T. globe.com/metro/2018/07/25/year-old-boy-fatally-shoots-himself-while-handling-father-gun-oakland-maine/eIjLHjSDYvJeHmG0tPtkTM/story.html M. Cooper, tlement-child-dies-in-accidental-shooting See also, National Law Enforcement Officers Memorial, Preliminary 2017 Law Enforcement Officer Fatalities Report, 28 December 2017, National Law Enforcement Officers Memorial, Preliminary assets/pdfs/reports/fatality-reports/2017/2017-End-of-Year-Officer-Fatalities-Report_FINAL.pdf Officials, G.A. res. 34/169, annex, 34 U.N. GAOR Supp. (No. 46) at 186, U.N. Doc. A/34/46 Article 3,UN Code of Conduct for Law Enforcement Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the (1979); Principle 9, Basic Principles on the Use of at 112, 1990. Havana, 27 August to 7 September 1990, U.N. Doc. A/CONF.144/28/Rev.1 of Offenders, Prevention of Crime and the Treatment Amnesty International, tics/ct-illinois-stopgap-budget-met-20160717-story.html 22 June 2016, Way, of Illinois State Budget Impasse Survey Released, The United 4th United Way survey results, For United Way See State and County QuickFacts impasse-with-passage-of-state-budget/ K. Geiger, politics/ct-met-bruce-rauner-illinois-budget-20180604-story.html After Budget Impasse Illinois Agencies Recovering a Year covering-a-year-after-budget-impasse-487643031.html M. Garcia For United Way survey results, For United Way J. Donoghue, com/politics/index.ssf/2018/06/louisiana_prison_officials_say.html closure of nine prisoner re-entry centers). (Louisiana state budget cut proposal will lead to the Passage of State Budget Illinois House Ends Historic Impasse With June 2018, go-county?start=3 32 percent since 2009); its funding for prisoner re-entry programs by (Rockford, Illinois has decreased tion Programs ing-for-prison-education-programs dollars from prisoner rehabilitation programs in 2017); (Missouri cut over a million leased SAFER Foundation Impact Report FY2017, Impact Report FY2017, SAFER Foundation f?ver=2018-06-05-160725-303 Impact Report FY2017, SAFER Foundation f?ver=2018-06-05-160725-303 K. Haas, 330 331 332 328 329 325 326 327 323 324 322 321

318 319 320 176 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 348 See 346 345 344 343 342 341 339 See Art18oftheViennaConventiononLawTreaties whichhasbeensignedandratifiedbytheUSAmandatesthataState 338 337 336 335 334 333 349 347 340 R. Moon, www.wbrc.com/story/37171211/child-who-died-after-accidental-shooting-identified S. Posey, 2014, Innocents Lost:AYear ofUnintentionalChildGunDeaths 10 December2013, despite theageandintentofshooter”); (“More specifically, situationsinwhichonechildshotandkilledanotherwere often labeled‘homicides,’asopposedto‘unintentionaldeaths,’ and-guns-the-hidden-toll.html?ref=michaelluo&_r=0 M. LuoandMcIntire, gun deathstoadultsthatwereofundeterminedintent.”) the truecases(mostlygunaccidentstochildrenthatwereclassifiedashomicides)and42 %ofreportedfalsepositives accidents). AstudyexaminingtheaccuracyofdatasystemsforunintentionalfirearmfatalitiesfoundVitalStatisticssystemmissed38 % (“While VitalStatisticsdataareaccurateforexaminingtotalfirearmdeaths,thereisseriousmisclassificationbetweentypes(e.g.,homicidesand articles/PMC4602049/ D. HeminwayandS.J.Solnick, (index providesasearchabledatabasebyyearandlocationforallunintentionalshootingschildrenintheUSAsince2015) #NotAnAccident Index Reports, 1999-2013,forNational,Regional,andStates & Control,USCentersforDiseaseControlandPrevention, The numberofchildrenages0-14,killedbyunintentionalfirearminjuriesbetween2004-2016=801.NationalCenterforInjuryPrevention See also M. Hunter generally. American DeclarationoftheRightsandDutiesMan signed orratifiedatreatymustrefrainfromactswhichwoulddefeattheobjectandpurposeofthatpriortoitsentryintoforce. human-rights/treaty-ratification/theres-only-one-country-hasnt-ratified-convention-childrens S. Mehta, and-Guns-Report.pdf The Truth AboutKids&Guns (Site providescomprehensivelistofschoolshootingssince2013thatisregularlyupdated). School ShootingsinAmericaSince2013,EverytownforGunSafety, Guns-Report.pdf The Truth AboutKids&Guns and-Guns-Report.pdf The Truth AboutKids&Guns Press, 2013,at13, D. Webster andJ.S.Vernick, in-head-with-shotgun-authorities-say/ 3-year-old boyshoots selfinheadwithshotgun,authorities say tal-shooting/article_9c95113a-ff94-11e7-bfb5-37e408c4bcd8.html cles/2018-01-16/authorities-girl-died-in-eastern-nebraska-hunting-accident Authorities: GirlDiedinEasternNebraska HuntingAccident la-boy-killed-after-accidentally-firing-gun jpso-15-year-old-arrested-in-accidental-deadly-shooting/10306695 com/crime/index.ssf/2017/07/jasmaine_jermaine_anderson.html UN GeneralAssembly, “American Declaration”). the Inter-American system,theUSAisasignatoryto1948AmericanDeclarationofRightsandDutiesMan(hereinafterreferredas The Inter-American humanrightssystem(hereinafterreferredtoas“Inter-American system”)isaregionalsystemthatfallsundertheOAS.Within also, www.everytown.org/documents/2014/10/innocents-lost.pdf , B.Choum, McCalla boykilledafteraccidentallyfiringgun Child whodiedafteraccidentalshootingidentified Teen diesafteraccidentalshooting , ‘IMissHerALot:’West BankTeen AccusedinSister’s AccidentalShootingDeath There’s OnlyOneCountryThatHasn’tRatifiedtheConventiononChildren’s Rights:US, www.jhupress.files.wordpress.com/2013/01/1421411113_updf.pdf

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, Everytown for Gun Safety and Moms Demand Action for Gun Sense in America, June , Everytown for Gun Safety and Moms Demand Action J. Brody, J. Brody, see also Fla. Stat. § 790.338). , Harvard Public Health at 24, 26, , Harvard Public Health at

See

Suicide in adolescents with no apparent psychopathology Improving Firearm Storage Habits: Impact of Brief Office Counseling by Family Physicians www.smartgunlaws.org/wp-content/uploads/2015/06/20150615_ARS_ToolKit_kidsandguns_rd4.pdf

www.ncbi.nlm.nih.gov/pubmed/3377645 Suicide in the home in relationship to gun ownership Yes You Can: Physicians, Patients, and Firearms You Yes www.ncbi.nlm.nih.gov/pubmed/8496111 Self-inflicted and Unintentional Firearm Injuries Among Children and Adolescents: The Source of the Firearm Firearm Injuries Among Children and Adolescents: Self-inflicted and Unintentional Association Between Youth-Focused Firearm Laws & Youth Suicides Firearm Laws & Youth Association Between Youth-Focused Association Between Youth-Focused Firearm Laws & Youth Suicides & Youth Firearm Laws Association Between Youth-Focused State Gun Safe Storage Laws and Child Mortality Due to Firearms www.ncbi.nlm.nih.gov/pubmed/1820470 The presence and accessibility of firearms in the homes of adolescent suicides: a case-control study The presence and accessibility of firearms in the homes adolescent suicide victims with suicidal inpatients Risk factors for adolescent suicide: a comparison of Firearms and adolescent suicide: a community case-control study, study, Firearms and adolescent suicide: a community case-control Firearm Storage in Gun-Owning Households with Children: Results of a 2015 National Survey Firearm Storage in Gun-Owning Households with Children: www.ncbi.nlm.nih.gov/pubmed/10706163

Firearm Storage in Homes With Children With Self-Harm Risk Factors, Self-Harm Risk Children With Firearm Storage in Homes With www.nytimes.com/2004/08/17/health/personal-health-keeping-guns-out-of-children-s-hands.html www.everytown.org/documents/2014/10/innocents-lost.pdf Guns and Suicide: The Hidden Toll Guns and Suicide: The Hidden 6-year-old accidentally shot to death with siblings inside NW Houston apartment siblings inside NW Houston shot to death with accidentally 6-year-old Adolescent suicide and household access to firearms in Colorado: results of a case-control study access to firearms in Colorado: results of Adolescent suicide and household (Despite this evidence-based consensus in favor of asking and educating patients about firearm safety, the gun lobby vigorously opposes such (Despite this evidence-based consensus in favor of asking and educating patients about firearm safety, gun storage. Florida enacted a limited counseling, and is even supporting proposals to limit doctors’ authority to talk to their patients about version of one of these proposals in 2011. (2015); see also Minn. Stat. §144.05 (2015); Minn. Stat. §62V.06 Stat. §571.012 (2015), Mont. Code Ann. §50-16-108 (2014), Mo. Rev. et al, G. J. Wintemute, cle/2522436/ Fla. Stat. Ann. §790.338. nih.gov/pubmed/15292085 Commonsense Solutions: State Gun Laws to Protect Kids from Unintended Shootings Prevent Gun Violence, 2014, at 3, Albright and S.K. Burge, (citing T.L. PRACTICE 40, 40, 2003); AM. BD. OF FAMILY August 2004, Utah Code Ann. § 76-10-509.6. Stat. Ann. § 650-C:1; N.J. Stat. Ann. §§ 41.472, 202.300(1) – (3); N.H. Rev. Rev. For instance, see, Del. Code Ann. tit. 11, §§ 603, 1456; Nev. Penal Code Ann. § 46.13. Stat. Ann. § 2C:58-15; Tex. Cummings, et al., P. work.com/journals/jama/article-abstract/418289 et al., Webster, D. W. 18 U.S.C. § 922(x) 18 U.S.C. § 922(z)(1) Unintentional Child Gun Deaths of Innocents Lost: A Year 2014, at 5, Code § 1714.3. Cal. Penal Code §§ 25000-25225; Cal. Civ. D.A. Brent, et al, June 1988; 45:581-588, J. Scott, et al, pediatrics.aappublications.org/content/early/2018/02/19/peds.2017-2600..info D. Azrael, et al, www.doi.org/10.1007/s11524-018-0261-7 psychiatric illness.”); D.A. Brent, et al, 1993;32(3):494-500, A.L. Kellermann, et al, full/10.1056/NEJM199208133270705 D.A. Brent, et al, 266:2989-2995, work.com/journals/jama/articlepdf/199194/JOC32791.pdf 26(3):157-63, D.A. Brent et al, nlm.nih.gov/pubmed/8213677 presence of firearms may be associated with adolescent suicide even in the absence of clear (“Pediatricians should also inform parents that the System (WISQARS) Injury Mortality Reports, 1999-2013, for National, Regional, and States Mortality Reports, 1999-2013, for National, Regional, System (WISQARS) Injury leadcause.html M. Drexler, D.C. Grossman, et al, doi:10.1001/archpedi.153.8.875, Adolesc Med, 1999, 153(8):875–878. et al., Webster, D.W. 4-Year-Old Boy Dies in Accidental Shooting at Texas Home Accidental Shooting at Texas Boy Dies in 4-Year-Old 01-27/4-year-old-boy-dies-in-accidental-shooting-at-texas-home D. Wrigley, year-old-accidentally-shot-to-death-with-siblings-at-home/2999951/ and Prevention, Prevention & Control, US Centers for Disease Control National Center for Injury 367 366 362 363 364 365 358 359 360 361 356 357

S. Shah, et al, 353 354 355 350 351 352 178 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 388 387 386 385 384 383 382 381 380 379 378 377 376 375 374 373 372 371 370 369 368 com/2017/12/17/boy-15-shot-dead-on-citys-southwest-side/ K. Davis, com/2017/06/21/cdc-nearly-1300-kids-die-gunshot-wounds-annually K. Thometz, young_victims/ A. BordensandEpton, WISQARS: FatalInjuryData WISQARS: FatalInjuryData Hispanic other(2)also10nativeAmericanand19Asian/PacificIslander). (homicide; firearm;ages0-17;breakdownblacknon-Hispanic(8507),white non-Hispanic(168),Hispanicwhite(152)andHispanicblack(5) WISQARS: FatalInjuryData com/2017/06/21/cdc-nearly-1300-kids-die-gunshot-wounds-annually K. Thometz, Mass shootingisdefinedasa“incidentinwhichfourormorepeople, notincludingtheshooter, arekilledwithafirearm.” ings-analysis/ Mass ShootingsintheUnitedStates,2009-2016 ings-analysis/ Mass ShootingsintheUnitedStates,2009-2016 ly/2017/06/15/peds.2016-3486#F1 K.A. Fowler, etal, 2013, forNational,Regional,andStates Centers forDiseaseControlandPrevention, The numberofchildrenages0-17,killedbyfirearmhomicideinjuriesin2016=862.NationalCenterforInjuryPrevention&Control,US americamagazine.org/politics-society/2016/10/14/statistics-are-wrong-accidental-shootings-are-killing-children-more-we The StatisticsAreWrong, AccidentalShootingsareKillingChildrenMoreOftenThanWe Think cate.com/new_orleans/news/crime_police/article_598f4f78-5913-11e6-80c0-9f5b91060daf.html See also article/sheriff-s-office-5-year-old-girl-accidentally-kills-herself-with-father-s-gun-in-laplace/3607936 J. Crocket, index.ssf/2016/05/5-year-old_laplace_girl_dies_a.html R. McLendon, cidental-shooting/ see also new_orleans/news/crime_police/article_598f4f78-5913-11e6-80c0-9f5b91060daf.html M. Sledge, raise itsgradeandsavelives.”) (“Requiring privatesalebackgroundchecksandallowinglocalgovernmentstoregulatefirearmsarejusttwoofthemanywaysLouisianacould Annual GunLawScorecard wp-content/uploads/2016/10/11100940/AmericaUnderFire-report.pdf C. ParsonandE.Weigend Vargas, er.net/news/top-headlines/2016/10/probe-uncovers-hidden-statistics-of%E2%80%88accidental-gun-deaths/ Probe UncoversHiddenStatisticsofAccidentalGunDeaths ly/2017/06/15/peds.2016-3486#F1 K.A. Fowler, etal,ChildhoodFirearmInjuriesintheUnitedStates,Pediatrics,June2017, wp-content/uploads/2016/10/11100940/AmericaUnderFire-report.pdf C. ParsonandE.Weigend Vargas, wp-content/uploads/2016/10/11100940/AmericaUnderFire-report.pdf C. ParsonandE.Weigend Vargas, See also, Doctor GagOrderLaws, , M.Sledge, Five Year OldLouisianaBoyDeadinAccidentalShooting

Boy, 15,DeliveringNewspapers,AmongThose ShotOverViolentChicagoWeekend Medical GagLaws:ADeadlyMistake Sheriff’s Office:5-year-old girlaccidentallykillsherselfwithfather’s guninLaPlace, Mother of5Year OldAccidentallyShottoDeathCitedforChildDesertion CDC: Nearly1,300KidsDiefromGunshot Wounds Annually CDC: Nearly1,300KidsDiefromGunshotWounds Annually

5Year-Old LaPlaceGirlDiesAfterShootingHerselfWith Handgun, Childhood FirearmInjuriesintheUnitedStates, Mother of5Year OldAccidentallyShottoDeathCitedforChildDesertion EverytownforGunSafety, Young VictimsofViolenceinChicago , GiffordsLawCenter, , CentersforDiseaseControlandPrevention, , CentersforDiseaseControlandPrevention, , CentersforDiseaseControlandPrevention, America UnderFire America UnderFire America UnderFire

, January2015, Web-based InjuryStatisticsQuery&ReportingSystem(WISQARS)MortalityReports,1999- , GiffordsLawCenter, www.lawcenter.giffords.org/scorecard/#LA , EverytownforGunSafety, 11April2017, , EverytownforGunSafety, 11April2017, www.everytownresearch.org/fact-sheet-doctor-gag-order-laws/ , CenterforAmericanProgress,11October2016,at28, , CenterforAmericanProgress,11October2016,at14, , CenterforAmericanProgress,11October2016,at11,

www.webappa.cdc.gov/sasweb/ncipc/dataRestriction_inj.html , TheIntelligencer:WheelingNewsRegister, 14October2016, , ChicagoTribune, (updatedregularly), , CBSNews,3August2016, Pediatrics, June2017, www.lawcenter.giffords.org/medical-gag-laws-a-deadly-mistake/

, ChicagoTonight, 21June2017, , ChicagoTonight, 21June2017, www.cdc.gov/injury/wisqars/index.html www.cdc.gov/injury/wisqars/index.html www.cdc.gov/injury/wisqars/index.html The Times-Picayune, 21May2016, , TheAdvocate,3August2016,

www.pediatrics.aappublications.org/content/ear www.pediatrics.aappublications.org/content/ear , WGNTVNews,17December2017, www.everytownresearch.org/reports/mass-shoot www.everytownresearch.org/reports/mass-shoot , AmericanMagazine,14October2016, , TheAdvocate,3August2016, www.cbsnews.com/news/louisiana-boy-dead-ac WDSU News,22May2016,

www.apps.chicagotribune.com/news/local/ www.chicagotonight.wttw. www.chicagotonight.wttw.

www.cdn.americanprogress.org/ www.cdn.americanprogress.org/ www.cdn.americanprogress.org/

www.theadvocate.com/ www.nola.com/crime/

www.theintelligenc www.wdsu.com/ www.theadvo www.wgntv.

www. ------AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 179 - - - -

www. www. www. www.

, Chicago Tribune, 17 De 17 , Chicago Tribune, 17 De , Chicago Tribune, 17 De , Chicago Tribune, 17 De , Chicago Tribune, www.abc7chicago.com/news/ www.chicago.suntimes.com/ www.chicagotribune.com/news/local/ www.abc13.com/paperboy-fatally-shot- www.abc13.com/paperboy-fatally-shot- , DNA Info, 6 September 2017, , HomicideWatch, 7 September 2017, , HomicideWatch, , Homicide Watch Chicago, 7 September , Homicide Watch , Chicago Tribune, 16 February 2017, , Chicago Tribune, ’, Chicago Tribune, 16 February 2017, ’, Chicago Tribune,

Chicago Sun Times, 18 December 2017, 18 Times, Chicago Sun

, Chicago Sun Times, 18 December 2017, 18 December , Chicago Sun Times, www.chicagotribune.com/news/media/92587073-132.

www.cnn.com/2017/02/14/us/chicago-shooting-girl-death/index.

, ABCChicagoNews, 14 February 2017, , Chicago Sun Times, 6 September 2017, , Chicago Sun Times, , ABCNews, 19 December 2017, , ABCNews, 19 December 2017, , ABCNews, 19 December Chicago Tribune, 6 September 2017, Chicago Tribune,

CNN, 15 February 2017, , (Video), Chicago Tribune, 15 February 2017, , (Video), Chicago Tribune,

Boy, 14, Slain After Being Hassled By Gangs: ‘He Was Never Scared Of Dying’ 14, Slain After Being Hassled By Gangs: ‘He Was Boy, In the last moments of Kanari Gentry-Bowers’ life, ‘God got the last word’ In the last moments of Kanari Gentry-Bowers’ life, ‘God got the last word Teen Shot Dead While Delivering Tribune, Other Newspapers, Was Working to Buy His Sister a Gift Working Was Other Newspapers, Shot Dead While Delivering Tribune, Teen Teen Shot Dead While Delivering Tribune, Other Newspapers, Was Working to Buy His Sister a Gift to Buy His Sister Working Other Newspapers, Was Shot Dead While Delivering Tribune, Teen a Gift to Buy His Sister Working Other Newspapers, Was Shot Dead While Delivering Tribune, Teen 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 Teen 15, Shot to Death While Delivering Newspapers on Chicago’s SW Side SW Newspapers on Chicago’s 15, Shot to Death While Delivering Teen Teen 15, Shot to Death While Delivering Newspapers on Chicago’s SW Side, on Chicago’s While Delivering Newspapers 15, Shot to Death Teen 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 www.chicagotribune.com/news/local/breaking/ct-met-chicago-violence-brian-jasso-20171218-story.html www.gettyimages.com/detail/news-photo/chicago-public-schools-safe-passage-worker-stands-with-two-news-photo/682359302#/ https://www.nytimes.com/2017/02/15/us/toddler-killed-chicago-murder.html 11-Year Old Girl Shot in Chicago Dies, 11-Year

14-year-old Melvin James shot to death just blocks away from his home in South Chicago 14-year-old 14 Year Old Melvin James Shot to Death Just Blocks Away From His Home in South Chicago Old Melvin James Shot to Death Just Blocks Away 14 Year www.chicago.homicidewatch.org/2017/09/07/14-year-old-melvin-james-shot-to-death-just-blocks-away-from-his-home-in-south-chicago/

chicago-public-schools-safe-passage-worker-stands-with-two-children-picture-id682359302 chicago-public-schools-safe-passage-worker-stands-with-two-children-picture-id682359302 www.dnainfo.com/chicago/20170906/south-chicago/14-year-old-boy-shot-death-south-chicago-on-1st-day-of-school-year J. Mayes, 2017, index.html Photo Credit: J. McGee and K. Bauer, J. McGee and K. Bauer, 14 year old Boy Killed, 6 Wounded in Tuesday Shootings Across Chicago in Tuesday 14 year old Boy Killed, 6 Wounded news/14-year-old-boy-among-5-wounded-in-tuesday-shootings-across-chicago/ J. Mayes, www.chicago.homicidewatch.org/2017/09/07/14-year-old-melvin-james-shot-to-death-just-blocks-away-from-his-home-in-south-chicago/ 14 dies after Being Shot in His South Chicago Neighborhood, Boy, breaking/ct-chicago-shootings-violence-20170905-story.html E. Levenson, html K. Rosenberg-Douglas, chicagotribune.com/news/local/breaking/ct-kanari-bowers-12-dies-20170215-story.html K. Rosenberg-Douglas, chicagotribune.com/news/local/breaking/ct-kanari-bowers-12-dies-20170215-story.html Amnesty International Telephone Interview with Naikeeia Williams, 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone dies, relative says 1 of 2 girls shot in head in separate South Side shootings girl-11-shot-in-head-on-south-side-dies-relative-says/1753975/ Amnesty International Telephone Interview with Naikeeia Williams, 21 June 2018. Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone Holmes murder suspect denied bond Takiya html Amnesty International Telephone Interview with Naikeeia Williams, 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018. Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone 21 June 2018 Williams, Interview with Naikeeia Amnesty International Telephone chicago.suntimes.com/news/police-boy-15-shot-to-death-while-riding-in-car-on-southwest-side/ While Earning Money for Gifts in Chicago Newspaper Boy Fatally Shot while-earning-money-for-gifts/2798639/ E. Malagon, et al, cember 2017, Photo Credit: while-earning-money-for-gifts/2798639/ E. Malagon, et al, cember 2017, E. Malagon, et al, cember 2017, M. Hendricjson, E. Malagon, et al, E. Malagon, et cember 2017, M. Hendricjson, chicago.suntimes.com/news/police-boy-15-shot-to-death-while-riding-in-car-on-southwest-side/ While Earning Money for Gifts in Chicago Newspaper Boy Fatally Shot 409 410

408 406 407 402 403 404 405 398 399 400 401 394 395 396 397 392 393 390 391 389 180 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 433 432 431 430 429 428 427 426 425 424 423 422 421 420 419 418 417 416 415 414 413 412 411

J.P. Pullen,etal, edu/News/Press_releases/Pages/PR1_01_21_2018.aspx Mayor EmanuelandCPSExpandSafe Passageto14AdditionalSchools news/local/warren-elementary-school-shooting-charges-429138523.html S. Brener, news/2-boys-man-charged-with-warren-elementary-school-shooting/ N. Issa,et.al, left-behind-by-children-as-he-a-picture-id696722036 Photo Credit: vention-story-squad Youth SafetyandViolencePrevention –StorySquad,YMCAofMetroChicago, Amnesty InternationalInterviewwithPamBosley, 17October2016 www.apa.org/pubs/journals/releases/amp-a0039687.pdf B. Bushman,etal., Own Clinics J. Foiles, Own Clinics J. Foiles, com/news/devastating-closure-of-mental-health-centers-to-hit-10000-patients-next-month/ Devastating ClosureofMentalHealthCenterstoHit10,000patientsNextMonth, povertyreport/wp-content/uploads/sites/26/2017/03/FINAL_PR17_3_14.pdf See CycleOfRisk:TheIntersectionPoverty, Violence,AndTrauma Amnesty InternationalInterviewwith17-year-old AfricanAmericanyouth(nameonfilewithAIUSA),2February2017 The RelationshipBetweenCommunityViolenceandTrauma 8-9, Community ViolenceandYoung Children:MakingSpaceforHope 8-9, Community ViolenceandYoung Children:MakingSpaceforHope 7, Community ViolenceandYoung Children:MakingSpaceforHope com/news/local/breaking/ct-cps-safe-passage-shootings-2017-htmlstory.html K. BentleandR.Marx, PRESS_RELEASES/Pages/PR1_08_30_2017.aspx CPS ExpandsSafePassagetoServe145SchoolsthisYear Safe PassageRoutes https://www.cps.edu/Pages/safepassage.aspx gation_1oiP.pdf United StatesofAmerica Letter [totheHighCommissionofHumanRights]AllegationRegardingclosing49PublicElementarySchoolsinChicago,Illinois, org/2013/5/28/chicago_to_shutter_50_public_schools Chicago toShutter50PublicSchools:IsHistoricMassClosureanExperimentinPrivatization? com/2013-05-23/news/chi-chicago-school-closings-20130522_1_chicago-teachers-union-byrd-bennett-one-high-school-program N.S. Ahmed-Ullah,etal, down-50-schools/ Chicago BoardofEdvotestoshutdown50schools com/2013-05-23/news/chi-chicago-school-closings-20130522_1_chicago-teachers-union-byrd-bennett-one-high-school-program N.S. Ahmed-Ullah,etal, ing-fbi-tipster/index.html S. Prokupecz, nicolas-cruz/ www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf Facing aMentalHealthCareSystemGuttedbyMayorEmanuel,ChicagoResidentsPlaguedGunViolenceAreOptingTo FundTheir Facing aMentalHealthCareSystemGuttedbyMayorEmanuel,ChicagoResidentsPlaguedGunViolenceAreOptingTo FundTheir 3 Teens ChargedWith ShootingGirls,7and13,atChicagoSchoolPlayground , BeltMagazine,9January2018, , BeltMagazine,9January2018,

www.gettyimages.com/event/two-girls-shot-in-schoolyard-playground-in-chicago-700067028#police-officer-looks-over-clothing- FBI saysitdidn’tactontipaboutParkland shooter Three teenschargedinWarren ElementarySchoolshooting,

What toKnowAboutNikolasCruz

Youth Violence:WhatWe KnowandWhatWe NeedTo Know , ChicagoPublicSchools, Data: ComparingCPSSafePassageRoutesandShootings

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). www.wsj.com/articles/in-school-shoot www.time.com/5159134/who-is-the-florida- CNN, 15 February 2018, CNN, 15 February 2018, www.cnn.com/2018/02/16/politics/parkland-shoot http://www.bradycampaign.org/sites/default/files/Chil Ala. Code § 13A-11-72(c), (e);Alaska Stat. §§ See www.washingtonpost.com/graphics/2018/local/ www.lawcenter.giffords.org/gun-laws/policy-areas/guns-in- Indicators of School Crime and Safety: 2016 Indicators of School Crime www.fbi.gov/news/pressrel/press-releases/fbi-statement-on-the-shoot , 221 F.3d 1037, 1038-39 (8th Cir. 1999) and 1037, 1038-39 (8th Cir. , 221 F.3d www.lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/guns-

, Time, 16 February 2018, 16 February 2018, , Time, . (It should be noted that President Trump wants to eliminate this law.) . (It should be noted that President Trump , US Department of Education, May 2017, Appendix B: Glossary of , US Department of Education, May 2017, Appendix

, Table 231.65. Number of incidents of students bringing firearms to or 231.65. Number of incidents , Table www.cdc.gov/mmwr/pdf/ss/ss6304.pdf www.everytownresearch.org/school-shootings/ , Wall Street Journal, 5 April 2018, , Wall , CNN, 17 February 2018, , CNN, 17 February , Giffords Law Center, , Giffords Law Center, , Congress re-enacted the GFSZA in 1996, correcting the defects identified by the

Lopez Students Were Caught With Guns In School At Least 269 Times This Year Guns In School At Least 269 Times Caught With Students Were United States v. Danks United States v. , Giffords Law Center, , Giffords Law Center, , rev’d on other grounds , FBI, 16 February 2018, , FBI, 16 February , Washington Post, 25 March 2018, , Washington

Guns in Schools See, e.g.

What to Know About Nikolas Cruz What to Know , Everytown for Gun Safety, , Everytown for Gun Safety, Digest of Education Statistics Guns in Schools www.nces.ed.gov/pubs2017/2017064.pdf , the Supreme Court struck down the law on the grounds that the Act regulated neither commercial nor interstate , the Supreme Court struck down the law on the grounds that the Act regulated neither commercial nor

, Brady Center to Prevent Gun Violence, October 2014, at 19, , Brady Center to Prevent Gun Violence, October 2014, Indicators of School Crime and Safety: 2016

. Scarred by school shootings ; J.P. Pullen, et al, ; J.P. FBI says it didn’t act on tip about Parkland shooter act on tip about Parkland FBI says it didn’t www.nces.ed.gov/pubs2017/2017064.pdf Most Guns Used in School Shootings Come From Home Parkland shooting is now among the 10 deadliest mass shootings in modern US history, among the 10 deadliest mass shootings in modern Parkland shooting is now

United States v. Lopez United States v. www.thetrace.org/2016/07/guns-in-schools-2016/ , 418 F.3d 1038, 1045-46 (9th Cir. 2005), 1038, 1045-46 (9th Cir. , 418 F.3d Ariz. Rev. Stat. § 13-3102(A)(12), (C)(4), (H), (M)(4); Ariz. Rev. Stat. § 15-341(A)(23). Stat. § 13-3102(A)(12), (C)(4), (H), (M)(4); Ariz. Rev. Ariz. Rev. Alabama, Alaska, Hawaii, New Hampshire, Oregon, Rhode Island, Utah, and Wyoming. Ann. §§ 193-D:1; Stat. Stat. Ann. §§ 193-D:1; 193:13; NH Rev. 18.65.755; 11.61.210(a)(7), (a)(8); No relevant governing statute; NH Rev. Stat. § 166.370(3)(d), (g).; R.I. Gen. Laws § 11-47-60.; Utah Code Ann. § 76-10-505.5(4)(a). Rev. 193:13; Or. Cox and S. Rich, J.W. us-school-shootings-history/?noredirect=on&utm_term=.6fc194a68b18 NH Rev. Stat. Ann. §§ 193-D:1; 193:13. New Hampshire only bans pupils from possessing a firearm in a safe school zone, and also imposes a NH Rev. possible penalty enhancement for unlawful possession of a firearm in a safe school zone. guns in K-12 schools, exceptions are often It should be noted that even amongst states that prohibit concealed carry permit holders from carrying pick-up of students. For more information allowed for individuals who lawfully own firearms which remain within their vehicle during drop-off and on policies regarding firearms and schools, see public/guns-in-schools/ H.B. 2052, 85th Leg., Reg. Sess. (Kan. 2013); Kan. Stat. Ann. § 75-7c10(a). Supreme Court. The amended GFSZA contained the same prohibitions as the 1996 revision, except the newer version added language to apply Supreme Court. The amended GFSZA contained the same prohibitions as the 1996 revision, except the 18 U.S.C. § 922(q)(2)(A), (3)(A). Challenges the law to any firearm “that has moved in or that otherwise affects interstate or foreign commerce.” to the new statute have been unsuccessful. Dorsey See summary of state law policies at in-schools/ school, see, L. Kann, et al, Youth Risk Behavior Surveillance — United States, 2013, Centers fr Disease Control and Prevention, Morbidity and Risk Behavior Surveillance — United States, 2013, Centers fr Disease Control and Prevention, school, see, L. Kann, et al, Youth report, 13 June 2014, page 7 and table on page 60, Mortality Weekly The Gun-Free Schools Act, 20 U.S.C. § 7151 § 922(q)(2)(A). The GFSZA originally was enacted as part of the Crime Control Act of 1990. The Gun Free School Zones Act (GFSZA), 18 U.S.C. exercise of congressional authority under the Commerce Clause of the US Constitu The GFSZA was eventually challenged as an unconstitutional tion. In (514 US 549 (1995)). Following the ruling in activity. unless otherwise specified.”) D. Hobbs, T. ings-most-guns-come-from-home-1522920600 About Kids & Guns The Truth dren-and-Guns-Report.pdf of US high school children were threatened or injured with a gun at which found that 6.9 percent Behavior Survey, Risk citing to 2013 Youth 2016, told police that he a security guard, father, a loaded Glock in his backpack. The boy’s (“In Philadelphia on May 25, a second-grader discovered for school but forgot to take it out.”) stashed the gun in his bag while getting him ready See L. Musu-Gilette, et al, at 32, Terms, that occurred during normal school hours or when school activities/events were in session, (“[R]espondents were instructed to report on activities grams/digest/d17/tables/dt17_231.65.asp et al, access to loaded guns, see, L. Musu-Gilette, The 2016 survey also addressed at 92, of Education, May 2017, permission, either at school or away from school, students were asked if they could have gotten a loaded gun without adult (“In the SCS survey, adult permis In 2015, about 4 percent of students ages 12–18 reported having access to a loaded gun without during the current school year. current school year”). In some cases, students don’t even know that they are carrying a sion, either at school or away from school, during the deadly weapon to school, see, for example, J. Mascia, S. Ahmed, com/2018/02/14/health/parkland-among-deadliest-mass-shootings-trnd/index.html Since 2013 School Shootings in America list of school shootings since 2013). (Site provides comprehensive Statistics, National Center for Education by state: 2009-10 through 2015-16, public school and rate of incidents per 100,000 students, possessing firearms at a FBI Statement on the Shooting in Parkland, Florida on the Shooting in Parkland, FBI Statement ing-in-parkland-florida shooter-parkland-nicolas-cruz/ S. Prokupecz, ing-fbi-tipster/index.html 447 448 449 444 445 446 443 441 442 439 440 438

435 436 437 434 182 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 473 472 471 470 469 468 467 466 465 464 463 462 461 460 See 459 458 457 456 455 454 453 452 451 450 supervision byadults isonlyrequirediftheminorunder 16). Ariz. Rev. Stat.§13-3111(B);seealso Fla.Stat.§790.22(3),(5)(Floridaallowsminorstolawfullypossessfirearms ifengagedinhunting;and they mustbeundertheimmediatesupervision ofalicensedhunter.”) (“Alaska residentsage15orunderare notrequiredtohaveahuntinglicense.However, theymusthavecompletedahuntereducationcourse, or See AlaskaHunterSafetyCourse, HuntingLicense, Idaho CodeAnn.§36-1508(b)(children andyouthhavetoobtainahuntinglicense) Minn. Stat.§§97B.021 Mass. Gen.Lawsch.140,§129B Alaska Stat.§11.61.220(a)(3) can-have-a-gun/minimum-age/ See GiffordsLawCentertoPreventGunViolence, ingtonpost.com/news/wonk/wp/2014/08/27/in-30-states-a-child-can-still-legally-own-a-rife-or-shotgun/?utm_term=.3daa968ab604 See R.A.FerdmanandC.Ingraham, 18 U.S.C.§922(x)(3) 18 U.S.C.§922(x)(1),(5) 18 U.S.C.§922(b)(1),(c)(1) “a frameworkthroughwhichCongresscouldremedythisinfringementonthefundamentalrightofanadultclasscitizens.”) and theProdigalAmendment include the“Recommendations”somethingtoeffectthat21shouldbekept?See,e.g.,ChristopherM.Johnson, firearms). It seems like there is a big push by the NRA to challenge the provisions which require a higher age than 21 years, so maybe we can also under theSecondAmendmentholdingthatitisconsistentwithalongstandingtraditionofage–andsafety-basedrestrictionsonabilitytoaccess to acquirehandgunsfromparentsorguardians,and(iii)personsunder21possesslong-guns.”;thecourtupheldprovision of personsunder21topurchasehandgunsfromFFLs,whileallowing(i)18-to-20-year-old personstopurchaselong-guns,(ii)under21 court heldthatthemeansselectedbyCongresswerereasonablywelladaptedtoitsstatedobjectives,noting“Congressrestrictedability Cir. 2012)(arecentFifthCircuitchallengetoage-basedprohibitionsonhandgunpurchasesfromFFLs by 18-to-20-year-old individuals;the 18 U.S.C.§922(b)(1),(c)(1). Federal firearmlicensee. try.”) (“Young peoplearealsodisproportionatelytheperpetratorsofgunviolence,asweaklawsoffereasy accesstogunsinmanypartsofthecoun 2014, at2, C. ParsonsandA.Johnson, can-have-a-gun/minimum-age/ 18 U.S.C.§922(x)(2)(A),(5)(2018). Youth Alive, Bullington andWebster, StolenFocus,TheTimes-Picayune, 13June2018, J. BullingtonandR.Webster, 13 June2018, J. Bueche,DeputySecretaryfortheOfficeofJuvenileJusticeinNOLA,quotedbyBullingtonandR. Webster, 10-12, Community ViolenceandYoung Children:MakingSpaceforHope 10-12, Community ViolenceandYoung Children:MakingSpaceforHope Gunfire inSchool, 2012, at10-12, see also 25, D.M. AndersonandJ.Sabia, 25, D.M. AndersonandJ.Sabia, www.ftp.iza.org/dp9830.pdf www.ftp.iza.org/dp9830.pdf Minimum AgetoPurchase&Possess www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf Community ViolenceandYoung Children:MakingSpaceforHope www.americanprogress.org/wp-content/uploads/2014/02/CAP-Youth-Gun-Violence-report.pdf Prevention www.projects.nola.com/the-children-of-central-city/treating-trauma/ www.bernardvanleer.org/app/uploads/2015/12/ECM119_Community-violence-and-young-children-making-space-for-hope.pdf EverytownforGunSafety, , www.youthalive.org/prevention/ Young Guns:HowGunViolenceisDevastatingtheMillennialGeneration , 117ColumbiaLawReview1585(2017)(arguingthatagerestrictionsareunconstitutionalandaimingtoprovide Child AccessPreventionLaws,Youth GunCarrying,andSchoolShootings Child AccessPreventionLaws,Youth GunCarrying,andSchoolShootings The ChildrenofCentralCity

See alsoNat’lRifleAss’nofAm.,Inc. v. Bureau ofAlcohol, Tobacco, Firearms, &Explosives

In 30states,achildcanstilllegallyownrifleorshotgun , GiffordsLawCentertoPreventGunViolence, www.everytownresearch.org/gunfire-in-school/#6241 Minimum AgetoPurchase&Possess

, Times-Picayune, 13June2018, www.hunter-ed.com/alaska/hunting-license.html , EarlyChildhoodMatters,BernardVan LeerFoundation,November2012,at , EarlyChildhoodMatters,BernardVan LeerFoundation,November2012,at , EarlyChildhoodMatters,BernardVan LeerFoundation,November https://projects.nola.com/the-children-of-central-city/stolen-focus/

, www.lawcenter.giffords.org/gun-laws/policy-areas/who- www.lawcenter.giffords.org/gun-laws/policy-areas/who- www.projects.nola.com/the-children-of-central-city/ , Washington Post,27August2014,

, CenterforAmericanProgress,February , DiscussionPaper9830,March2016,at , DiscussionPaper9830,March2016,at

Treating Trauma Second-Class: Heller, Age, , 700F.3d 185(5th , Times-Picayune,

www.wash

- AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 183 ------

http:// http:// , O. Khazan, www.statesman see also www.katu.com/news/ www.katu.com/news/

https://www.tobaccof

https://www.thecommuni https://www.cpsc.gov/ Trauma, Violence and Abuse, Trauma,

, www.kptv.com/story/37681198/ http://www.childtrends.org/point- Disease Control and Prevention,

, Annals of Emergency Medicine www.oregonlive.com/clackamascoun www.oregonlive.com/clackamascoun www.cdn.americanprogress.org/wp-content/ , KATU 2, 9 March 2018, , KATU 2, 9 March 2018, , KATU www.theatlantic.com/health/archive/2017/07/ , Center for , Statesman Journal, 5 March 2018, When men murder women: An analysis of 2015 homi

www.abcnews.go.com/US/texas-gun-range-host-birthday-

www.speakcdn.com/assets/2497/domestic_violence.pdf , Effectiveness of School-based Programs for Reducing Drinking Effectiveness of School-based www.thehotline.org/2014/06/18/hotline-focus-survey-provides-first , Child Trends, 9 August 2016, , Child Trends, , Fox 12 Oregon, 9 March 2018,

, 2015 , The Oregonian, 11 March 2018, , The Oregonian, 11 March 2018, www.cdc.gov/mmwr/volumes/66/wr/mm6628a1.htm , and Consumer Product Safety Commission, , and Consumer Product Safety Journal of American Medical Association (February 13, 2013), Journal of American Medical Association (February 13, 2013), Journal of American Medical , The Atlantic, 20 July 2017,

, The Campaign for Tobacco Free Kids (July 18, 2016), Free Kids , The Campaign for Tobacco

, ABC News, 8 June 2012, , ABC News,

. www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/pdf/0931089.pdf Risk Factors for Femicide in Abusive Relationships: Results From a Multisite Case Control

https://www.cdc.gov/ . . www.courts.oregon.gov/services/online/Pages/records-calendars.aspx

, Center for American Progress, June 2014, at 13, Domestic violence statistics ; see also Randy Elder PhD et al., ; see also Randy Elder PhD , American Journal of Preventative Medicine, Volume 28 No. 5S (2005), Medicine, Volume , American Journal of Preventative www.shootpointblank.com/range/range-rules/ , 13FE1313, Nonfatal gun use in intimate partner violence: A systematic review of the literature Silencing the Science on Gun Research, Silencing the Science on Silencing the Science on Gun Research, Silencing the Science on

www.olis.leg.state.or.us/liz/2018R1/Measures/Overview/HB4145 Women Under the Gun Women Shoot Point Blank, Shoot Point Blank, www.ncbi.nlm.nih.gov/pubmed/27630138

Racial and Ethnic Differences in Homicides of Adult Women and the Role of Intimate Partner Violence — United States, and the Role of Intimate Partner Violence — United Racial and Ethnic Differences in Homicides of Adult Women The national intimate partner and sexual violence survey: 2010 summary report www.vpc.org/studies/wmmw2017.pdf Brown Talks Gun Violence with Students, Signs ‘Boyfriend Loophole’ Gun Bill Gun Violence with Students, Signs ‘Boyfriend Loophole’ Brown Talks Public Education Campaigns Reduce Tobacco Use Reduce Tobacco Public Education Campaigns , Centers for Disease Control and Prevention, 21 July 2017, Homicide and Suicide Risks Associated with Firearms in the Home: A National Case-Control Study , National Domestic Violence Hotline, Press release, 18 June 2014, Range Rules, Range Rules, Point Blank: The Public Health Case for Gun-related Injury Research Point Blank: The Public Health , 2017, Murder-suicide victim had restraining order; her killer never got it Murder-suicide victim had restraining order; her killer never got it Murder-suicide ‘It was something I expected’: Suspect in West Linn murder-suicide has history of stalking Linn murder-suicide ‘It was something I expected’: Suspect in West has history of stalking Linn murder-suicide ‘It was something I expected’: Suspect in West Texas Gun Range to Host Birthday Parties for Children Gun Range to Host Texas www.cdc.gov/violenceprevention/pdf/nisvs_report2010-a.pdf

, American Journal on Public Health, July 2003, J. Ryan, jamanetwork.com/journals/jama/fullarticle/1487470 Meg Riordan, reekids.org/research/factsheets/pdf/0051.pdf Drinking Drivers and Driving and Riding With tyguide.org/sites/default/files/assets/mvoi-AJPM-evrev-school-based1.pdf murder-suicide Linn West Deputies identify man, woman involved in apparent deputies-identify-man-woman-involved-in-apparent-west-linn-murder-suicide See the Centers for Disease Control and Prevention, See the Centers for Disease M. Oster, blank-the-public-health-case-for-gun-related-injury-research/ MPH, Artur M. Kellerman, MD, jamanetwork.com/journals/jama/fullarticle/1487470 MPH, Artur M. Kellerman, MD, C. NG, parties-children/story?id=16525927 before cake and presents.”) and then fire a few rounds can attend a class (“[Y]oung partygoers See, e.g., (“Over half of all female homicides (55.3%) for which circumstances were known were [intimate partner violence]-related.”); (“Over half of all female homicides (55.3%) for which circumstances were known were [intimate partner Are Killed by Romantic Partners Nearly Half of All Murdered Women homicides-women/534306/ deaths. Of those, 55 percent were intimate (“The CDC analyzed the murders of women in 18 states from 2003 to 2014, finding a total of 10,018 family or friends. In 93 percent of partner violence-related, meaning they occurred at the hands of a former or current partner or the partner’s Violence Policy Center, those cases, the culprit was a current or former romantic partner.”); cide data hand-look-at-intersection-of-firearms-highlights-need-for-stronger-laws-and-equal-protection/ D. Wiebe, 41, no. 6, 2003: 775. See also, J. C. Campbell, et al, Study et al., E. Petrosky, 2003–2014 M.C. Black, et al, 2011, S.B. Sorenson, and R.A. Schut, 14 September 2016, Need for Stronger Laws and Equal Hotline Focus Survey Provides Firsthand Look at Intersection of Firearms & Domestic Violence; Highlights Protection uploads/2014/06/GunsDomesticViolencereport.pdf See HB 4145, available at C. Radnovich, hip-prohibi journal.com/story/news/politics/2018/03/05/brown-talks-gun-violence-students-signs-bill-expanding-domestic-violence-gun-owners tion-h/397362002/ National Coalition Against Domestic Violence, K. Azar, K. Azar, local/it-was-something-i-expected-murder-suicide-suspect-david-cote-has-history-of-stalking K. Azar, local/it-was-something-i-expected-murder-suicide-suspect-david-cote-has-history-of-stalking A. Gerney and C. Parsons, ty/index.ssf/2018/03/woman_killed_in_apparent_murde.html ty/index.ssf/2018/03/woman_killed_in_apparent_murde.html J. Ryan, ty/index.ssf/2018/03/woman_killed_in_apparent_murde.html State of Oregon VS. David James Cote 482 480 481 476 477 478 479 474 475

493 494 490 491 492 488 489 Search “David J Cote.” 485 486 487 483 484 184 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 514 513 512 511 510 509 508 507 506 505 504 503 502 501 500 499 498 497 496 495 Overview ofStateGunLaws length oftherelationship;(B)type ofrelationship;and(C)thefrequencyinteractionbetweenpersonsinvolved intherelationship.” or intimatenaturewiththeabuser, and wheretheexistenceofsucharelationshipshallbedeterminedbasedon considerationof--(A)the According to42U.S.C.S.`§13925(7), thetermdatingpartner“referstoapersonwhoisorhasbeeninsocialrelationshi p ofaromantic The GunControlActof1968,18U.S.C.§921(32),defining“intimatepartner.” domestic violence.” (defining “misdemeanorcrimeofdomesticviolence”asprohibitinggunownership); The GunControlActof1968,“DomesticViolenceOffenderBan,”also known asthe“LautenbergAmendment,”18U.S.C.§922(g)(9) 2011 Jessica Lenahan(Gonzales)etal.v. UnitedStates the treaty’s objectandpurpose. ry toCEDAW buthasyettoratifyit.Asasignatory, itistherebybindingon theUSAunderinternationallawtodonothingwhichwoulddefeat protecting andpromotingwomen’s humanrights.SeveralprovisionsintheConventionaddressviolenceagainstwomen.TheUSAisasignato bly andisthemostcomprehensiveinternationalagreementonbasichuman rightsofwomenandprovidesaninternationalstandardfor The ConventionontheEliminationallformsofDiscriminationAgainstWomen (CEDAW) wasadoptedin1979bytheUNGeneralAssem hrlibrary.umn.edu/demo/smallarms2003.html Sub.1/58/27, HumanRightsCommittee(2006),par36,canberetrievedfromtheUniversityofMinnesotaSchoolLawLibrary, Specific HumanRightsIssues:PreventionofViolationsCommitted With SmallArmsandLight Weapon Document No.A/HRC/RES/29/10,2July2015, UN HumanRightsCouncil,Resolution29/10, domestic-violence-and-firearms-in-washington-d-c/ See also a-gun/domestic-violence-firearms/ Domestic Violence&Firearms The GunControlActof1968,codifiedat18USC§922(g)&(n). 2014, at18, National InstantCriminalBackgroundCheckSystem(NICS)Operations2014, a fullhearingatwhichbothpartieshavetheopportunitytopresentevidence. until afullhearingcanbeheld.Theallegedabuserdoesnotgenerallyreceivepriornotice.Finalprotectiveordersareissuedbyjudgeafter who finds,basedoninformationorevidencesubmittedbythepersonseekingprotectiveorder, that itisnecessarytoprotectthepetitioner enforcement ratherthanthevictimand/orthatareissuedoutsideofnormalcourthours).Atemporaryprotectiveorderisissuedbyajudge protective orders:temporary(exparte)ordersandfinal(somestatesalsohave‘emergency’thataresoughtbylaw The GunControlActof1968,andsubsequentamendments,18U.S.C.§ 921etseq.Therearetwomaintypescivildomesticviolence nel.com/local/broward/fl-sb-maffei-attempted-murder-sentencing-20170406-story.html R. Olmeda, Amnesty InternationalInterviewwithKateRanta,24January2017 Web2/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, Web2/CaseSearch/Details/?caseid=MjcwNDAwMg%3d%3d-zzPUXepH%2faQ%3d&caseNum=DVCE11000010&category=FAM Katherine RMaffei,Petitionervs.ThomasScottRespondent Violence, Amnesty InternationalInterviewwithKateRanta,24January2017; www.sun-sentinel.com/local/broward/fl-thomas-maffei-shooting-trial-preview-20170204-story.html P. McMahon, Web2/CaseSearch/Details/?caseid=MjcwNDAwMg%3d%3d-zzPUXepH%2faQ%3d&caseNum=DVCE11000010&category=FAM Katherine RMaffei,Petitionervs.ThomasScottRespondent Amnesty InternationalInterviewwithKateRanta,24January2017 Control Study 41, no.6,2003:775.Seealso,J.C.Campbell,etal, D. Wiebe, , Domestic Violence&FirearmsintheDistrictofColumbia www.lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/domestic-violence-firearms/ Homicide andSuicideRisksAssociatedwithFirearmsintheHome:ANationalCase-ControlStudy Air Forceveteransentencedto60yearsforattemptedmurderofwifeandherfather , AmericanJournalonPublicHealth,July2003, Trail StartingforEx-AirForceMajorAccusedofTrying toKillHisWife andHerDadinBroward Trial startingforex-AirForcemajoraccusedoftryingtokillhiswifeandherdadinBroward www.fbi.gov/file-repository/2014-nics-ops-report-050115.pdf , EverytownforGunSafety, , GiffordsLawCentertoPreventGunViolence,

Human RightsandtheRegulationofCivilianAcquisition,PossessionUseFirearms www.smallarmsstandards.org/documents/20150629-hrc-res.pdf , Inter-American CommissiononHumanRights,ReportNo.80/11,Case12.626,21July

Risk FactorsforFemicideinAbusiveRelationships:ResultsFromaMultisiteCase www.everytownresearch.org/navigator/country.html www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/pdf/0931089.pdf , GiffordsLawCentertoPreventGunViolence, , CaseNo.DVCE11000010,3January2011, , CaseNo.DVCE11000010,3January2011, , CaseNo.DVCE11000010,3January2011, Domestic Violence&Firearms

www.lawcenter.giffords.org/gun-laws/policy-areas/who-can-have- USDepartmentofJustice,FederalBureauInvestigation, see also

18U.S.C.§921(a)(33),defining“misdemeanor , SunSentinel,7April2017,

, GiffordsLawCentertoPreventGun , SunSentinel,6February2017,

, Sun-Sentinel,6February2017, , AnnalsofEmergencyMedicine

www.lawcenter.giffords.org/ www.browardclerk.org/ www.browardclerk.org/ www.browardclerk.org/ , UNDoc.No.A/HRC/

www.sun-senti www. , UN - - - AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 185 - - - - - ,

- - - - -

www.nytlive. www.fox5dc.com/news/lo www.fox5dc.com/news/lo

www.washingtonpost.com/local/ www.washingtonpost.com/local/ www.nbc11news.com/home/head www.victimsofcrime.org/docs/src/baum- www.summitdaily.com/news/regional/mil www.lawcenter.giffords.org/domestic-vio www.ctpost.com/news/article/The-danger-be www.cdn.americanprogress.org/wp-content/up www.denverpost.com/2010/07/08/sheriff-says-lead www.denverpost.com/2010/07/08/sheriff-says-lead , New York Times, 18 September 2015, Times, , New York , Fox5.com, 21 June 2016, , Fox 5, 21 June 2016, Hairston has been charged with murder and his trial is Hairston has been charged with murder and his trial www.courant.com/news/connecticut/hc-scott-gellatly-to-be- www.blog.dcwitness.org/goodloe-filled-restraining-order-14-days- , NBC 11 News, 8 July 2010, , NBC 11 News, 8 July 2010, Washington Post, 20 June 2016, Washington Post, 20 June 2016, Washington , Summit Daily, 23 March 2015, 23 March , Summit Daily, https://law.justia.com/codes/louisiana/2017/code-revisedstatutes/title-14/ , Denver Post, 8 July 2010, , Denver Post, 8 July 2010, , Denver Post, 8 July 2010,

,’ Connecticut Post, 7 February 2016, www.everytownresearch.org/reports/guns-and-violence-against-women/#foot_note_20 , DC Witness, June 2016, , DC Witness, , US DoJ, Bureau of Justice Statistics, January 2009, , US DoJ, Bureau of Justice Statistics, January 2009, , Giffords Law Center to Prevent Gun Violence, , Hartford Courant, 17 November 2015, , Center for American Progress, June 2014, at 15,

www.ac.els-cdn.com/S0091743518300057/1-s2.0-S0091743518300057-main.pdf?_tid=d88ea2e1-1ad4-

, Everytown for Gun Safety, , Everytown for Gun Safety,

, New data on intimate partner violence and intimate relationships: Implications for gun laws and federal data collection violence and intimate relationships: Implications , New data on intimate partner Women Under the Gun Women

Stalking Victimization in the United States The Danger Between ‘Temporary’ and ‘Permanent The Danger Between ‘Temporary’ Sheriff says Leadville woman killed by stalker out on bail Sheriff says Leadville woman killed by stalker out on bail Sheriff says Leadville woman Ex-boyfriend charged with killing coordinator of church youth ministry, Ex-boyfriend charged with killing coordinator of church youth ministry, Ex-boyfriend charged with killing coordinator of church Men Who Kill-The “Boyfriend Loophole” in U.S. Gun Laws is Costing Women’s Lives Men Who Kill-The “Boyfriend Loophole” in U.S. Gun Laws is Costing Women’s Leadville murder has some questioning effectiveness of restraining orders Leadville murder has some Community mourns death of Stephanie Goodloe Millie Hamner bill adds protections for sexual assault victims Millie Hamner bill adds protections Scott Gellatly gets 45 years for killing wife Ex-Boyfriend charged with DC woman’s murder had restraining order filed against him Ex-Boyfriend charged with DC woman’s Ex-boyfriend charged with DC woman’s murder had restraining order filed against him Ex-boyfriend charged with DC woman’s M. Dudley, M. Dudley, k-catalano-s-rand-m-rose-k-2009.pdf?sfvrsn=0 L. Watts, cal-news/ex-boyfriend-charged-with-dc-womans-murder-had-restraining-order-filed-against-him expected to begin on April 18, 2018. Hermann, P. public-safety/ex-boyfriend-charged-with-killing-coordinator-of-church-youth-ministry/2016/06/20/b4ce2b16-36fe-11e6-8f7c-d4c723a2becb_story. html?utm_term=.fbeaadded35d Florida Statutes Title XLVI. Crimes §784.048 XLVI. Florida Statutes Title Guns and Violence Against Women A. Gerney and C. Parsons, loads/2014/06/GunsDomesticViolencereport.pdf K. Baum, et al, K. Asmuth, lines/98084409.html E. Reuter, lie-hamner-bill-adds-protections-for-colorado-sexual-assault-victims/ the maximum penalty is over a year imprisonment. 18 USC 922(g)(1) - a felony crime is a crime for which California Penal Code §646.9 University of Pennsylvania, January 2018, University of Pennsylvania, 40f4-9d1e-66961302d70f&acdnat=1520353229_bbfcf640c223e497459b0e9480cf0d2b H. Pankratz, ville-woman-killed-by-stalker-out-on-bail/ H. Pankratz, ville-woman-killed-by-stalker-out-on-bail/ estic abuse battery”, law on “domestic abuse battery”, law mirrored the existing a dating partner”. The new a new law “battery of in 2017, Louisiana enacted For example, on exception. The prohibition with one important or had a child in common, or were, married or cohabiting to couples who are, which only applied of a dating conviction for “battery to a second, or subsequent, abuse battery” but only conviction for “domestic firearms applies to a first possession of “Bat Abuse Battery”, RS 14.34.9 RS 14.35.3 “Domestic Louisiana Criminal Laws burning or strangulation. the first offense involved partner”, unless “Possession of a firearm…” Partner and RS 14.95.10 tery of a Dating S.B. Sorenson and D. Spear aining order. It further to a temporary restraining order. In 2016, Connecticut passed a law in that requires a person to surrender their firearms if they are subject bars them from re-acquiring those guns until there is a court hearing. A. Griffin, sentenced-20151117-story.html Amnesty International Interview with Merry Jackson and Kacey Mason, 26 July 2018 Amnesty International Interview with Merry Jackson and Kacey Mason, 26 July 2018 D. Freedman, tween-temporary-and-6810824.php A. Maloney, nytimes.com/womenintheworld/2015/09/18/the-boyfriend-loophole-in-u-s-gun-laws-is-costing-womens-lives/ cal-news/ex-boyfriend-charged-with-dc-womans-murder-had-restraining-order-filed-against-him Domestic Violence & Firearms in the District of Columbia lence-and-firearms-in-washington-d-c/ Amnesty International Interview with Merry Jackson and Kacey Mason, 26 July 2018 Amnesty International Interview with Merry Jackson and Kacey Mason, 26 July 2018 before-being-found-dead/ Hermann, P. public-safety/ex-boyfriend-charged-with-killing-coordinator-of-church-youth-ministry/2016/06/20/b4ce2b16-36fe-11e6-8f7c-d4c723a2becb_story. html?utm_term=.fbeaadded35d L. Watts,

527 528 523 524 525 526 519 520 521 522 517 518 515 516 537 534 535 536 531 532 533 529 530 186 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 560 559 558 557 556 555 554 553 552 551 550 549 548 547 546 545 544 543 542 541 540 539 538 child November 2017, M. Diaz,etal, com/2017/11/08/us/texas-shooting-video-devin-kelley.html A. Golman, es/100000002120186/2013/03/18/us/facing-protective-orders-and-allowed-to-keep-guns.html See also americanprogress.org/wp-content/uploads/2013/05/GunsStalkersBrief-3.pdf W. Stachelberg,etal., org/2015/10/domestic-abuse-guns-boyfriend-loophole/ J. Mascia, arms-in-virginia/ Giffords LawCentertoPreventGunViolence, com/2015/05/30/police-id-victims-killed-in-crash-with-fleeing-murder-suspect/ S. Wise, etal doc20150601195744.pdf Morgan Rogers, Criminal Complaint, protective-orders-and-allowed-to-keep-guns.html?pagewanted=all&_r=0 M. Luo, protective-orders-and-allowed-to-keep-guns.html?pagewanted=all&_r=0 M. Luo, Louisiana Legislature,Act367,p.3-8, Cal. Fam.Code§6389 eas/who-can-have-a-gun/domestic-violence-firearms/ See timate-partner-homicide Annals ofInternalMedicine,17October2017, C. Díez,etal, eas/who-can-have-a-gun/domestic-violence-firearms/ See Amnesty InternationalinterviewwithJudgeBernadetteD’Souza,ParishofOrleans,CivilDistrictCourt,30January2017. who-can-have-a-gun/domestic-violence-firearms/ Domestic ViolenceandFirearms,Statelaws, See also August 2016, J. Mascia, 2010 citing, NationalCoalitionofAnti-ViolencePrograms, DoJ, 9January2013,at126, B.J. Hart,andA.R.Klein, DoJ, 9January2013,at126, B.J. Hart,andA.R.Klein, connection.ebscohost.com/c/articles/32705821/restraining-orders-among-victims-intimate-partner-homicide K.A. Vittes,etal., show-how-guns-make-domestic-violence-even-deadlier/ abuse, andthechildren,parents,policewhobecomevictims,too See also 1089, 1092,July2003, J. C.Campbell,etal., www.nhregister.com/connecticut/article/New-Connecticut-law-requiring-guns-be-surrendered-11320055.php New ConnecticutlawrequiringgunsbesurrenderedinrestrainingordercasestakeseffectSaturday , ,

Domestic ViolenceandFirearms,StateLaws Domestic ViolenceandFirearms,StateLaws , NewYork, NY: NewYork CityAnti-ViolenceProject,2011, , 18U.S.C.§922, , K.Shaw, M.Luo, In SomeStates,GunRightsTrump OrdersofProtection In SomeStates,GunRightsTrump OrdersofProtection Domestic AbusersFrequentlyGettoKeepTheirGuns.HereAretheBigReasons Why, Temporary RestrainingOrdersCanSetOffAllegedAbusers.ButOnly16StatesMakeThemHandOverTheirGuns, Texas ChurchShootingVideoShowsGunman’s MethodicalAttack, Official Says , PoliceIDbrotherandsisterkilledincrashwithdoublemurdersuspectStafford Shaw State IntimatePartnerViolence–RelatedFirearmLawsandHomicideRatesintheUnitedStates,1991to2015 www.thetrace.org/2016/06/domestic-abuse-gun-law-temporary-restraining-order/ Sutherland Springschurchshooterescaped mentalhealthfacilitymonthsafterattackonwife,child,

Protective OrderAffidavit, In SomeStates,GunRightsTrump Orders ofProtection www.click2houston.com/news/sutherland-springs-church-shooter-escaped-mental-health-facility-months-after-attack-on-wife- Restraining ordersamongvictimsofintimatepartnerhomicide 12 FactsThatShowHowGunsMakeDomesticViolenceEvenDeadlier Commonwealth ofVirginia,26January2015, Risk FactorsforFemicideinAbusiveRelationships:ResultsfromaMultisiteCaseControlStudy, Preventing DomesticAbusersandStalkersfromAccessingGuns

www.ncbi.nlm.nih.gov/pmc/articles/PMC1447915/ Practical ImplicationsofCurrentIntimatePartnerViolenceResearchforVictimAdvocatesandServiceProviders Practical ImplicationsofCurrentIntimatePartnerViolenceResearchforVictimAdvocatesandServiceProviders

www.ncjrs.gov/pdffiles1/nij/grants/244348.pdf www.ncjrs.gov/pdffiles1/nij/grants/244348.pdf www.legis.la.gov/Legis/ViewDocument.aspx?d=1101118 Chesterfield County, 28January2018, Giffords LawCentertoPreventGunViolence, Domestic Violence&FirearmsinVirginia

www.annals.org/aim/fullarticle/2654047/state-intimate-partner-violence-related-firearm-laws-in , GiffordsLawCentertoPreventGunViolence, , GiffordsLawCentertoPreventGunViolence,

Lesbian, Gay, Bisexual,Transgender, QueerandHIV-Affected IntimatePartnerViolence

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, InjuryPrevention, www.localtvwtvr.files.wordpress.com/2015/06/ , , CenterforAmericanProgress,9May2013, www.lawcenter.giffords.org/domestic-violence-fire

– Astatisticalguidetofirearms,intimatepartner www.lawcenter.giffords.org/gun-laws/policy-areas/ , NewYork Times, 8 November2017,

TheTrace, 26October2015, www.lawcenter.giffords.org/gun-laws/policy-ar www.lawcenter.giffords.org/gun-laws/policy-ar , NewHavenRegister, 30September2016, www.nytimes.com/2013/03/18/us/facing- www.nytimes.com/2013/03/18/us/facing- www.thetrace.org/2016/08/15-facts-that-

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www.washingtonpost.com/ www.nytimes.com/2017/11/16/ Universal Background Checks www.everytownresearch.org/docu Gun Control www.cdn.americanprogress.org/wp-con Texas Tribune, 16 November 2017, 16 November Tribune, Texas www.newsweek.com/lie-and-try-back , Fox 6 News, 22 October 2015,

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www.foxnews.com/us/2018/04/19/wisconsin-ap

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New York Times, 16 November 2017, 16 November Times, New York , Newsweek, 15 March 2018, , Washington Post, 10 November 2017, , Washington , Fox News,

www.congress.gov/bill/115th-congress/senate-bill/1324/all-actions?overview= www.apps2.leg.wa.gov/billsummary?BillNumber=1501&Year=2017&BillNum

, Center for American Progress, February 2016, www.oig.justice.gov/reports/2016/a1632.pdf Audit of the Handling of Firearms Purchase Denials Through the National Instant Criminal Purchase Denials Through the National Instant Audit of the Handling of Firearms

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Gun Control: Analyzing Available Data Could Help Improve Background Checks Involving Domestic Violence Data Could Help Improve Background Checks Gun Control: Analyzing Available Congress, 2017-2018, www.congress.gov/bill/115th-congress/senate-bill/2135/text th ). State progress in record reporting for firearm-related background checks: Protection order submissions State progress in record reporting for firearm-related , September 2016, page 31, , September 2016, page

Gun Control , at 20 , at 20 , at 20 Hate and Guns: A Terrifying Combination Hate and Guns: A Terrifying FBI Database for Gun Buyers Missing Millions of Records Family of victim in Azana tragedy files lawsuit against website that sold firearm to shooter Deal to Bolster Background Checks Is Reached By Senators, Background Checks Is Deal to Bolster Wisconsin appeals court reinstates spa shooting lawsuit Wisconsin After Sutherland Springs Shooting, US Senator John Cornyn Files Bill on Background Checks, Senator John Cornyn Files Springs Shooting, US After Sutherland

, Report to the Acting Ranking Member, Subcommittee on Commerce, Justice, Science, and Related Agencies, Committee on Appropria on Commerce, Justice, Science, and Related Subcommittee Member, , Report to the Acting Ranking www.cbsnews.com/news/wisconsin-salon-shooting-zina-haughton-wife-of-suspected-shooter-identified-as-one-of-those-killed-in-weekend-ram Gun Control Gun Control Gun Control Gun Control Gun Control Bipartisan Senators Propose ‘Lie and Try’ Gun Background Check Bill Gun Background Bipartisan Senators Propose ‘Lie and Try’

The Disarm Hate Act, S. 1324, 115 Nine states (California, Colorado, Connecticut, Delaware, Nevada, New York, Oregon, Rhode Island, Washington) and DC require universal back Oregon, Rhode Island, Washington) Nine states (California, Colorado, Connecticut, Delaware, Nevada, New York, purchased from a licensed dealer or an ground checks at the point of sale for all sales and transfers of all classes of firearms, whether they are more states, Maryland and Pennsylvania, require point of sale background checks for handguns but not for long guns, like Two unlicensed seller. and New Jersey) require all firearm rifles and shotguns. Instead of a point of sale background check, four states (Hawaii, Illinois, Massachusetts, states (Iowa, Michigan, Nebraska, and North purchasers to obtain a permit, issued after a background check, in order to buy any firearm. Four more guns. Illinois also requires a point of sale Carolina) have this permit and background check requirement for the purchase of handguns, but not long Giffords Law Center to Prevent Gun Violence, See, background check whenever a firearm is sold at a gun show. 2012, page/ A.J. Bayatpour, fox6now.com/2015/10/22/family-of-victim-in-azana-spa-tragedy-files-lawsuit-against-website-that-sold-firearm-to-shooter/ Richmond, T. peals-court-reinstates-spa-shooting-lawsuit.html ground-checks-bipartisan-gun-control-marco-rubio-claire-831363 State Legislature Bill Information for HB 1501, Washington ber=1501&Year=2017 Hawaii State Legislature, HB 459 Bill information, Louisiana State Legislature, SB 231 Bill information, identified as one of those killed in weekend rampage shooter, salon shooting: Zina Haughton, wife of suspected Wisconsin Records July 2016, at 29, tions, House of Representatives, (Hereinafter: GAO, Office of Inspector General, US Department of Justice, Background Check System C. Allbright, www.texastribune.org/2017/11/16/after-sutherland-springs-shooting-us-sen-john-cornyn-files-bill-backgr/ S.G. Stolberg, us/politics/gun-background-checks-sutherland-springs.html Act of 2017, S. 2135, The Fix NICS Office, US Government Accountability State Background Check Requirements and Rates of Domestic Violence Homicide ments/2015/09/dv-background-checks-fact-sheet.pdf C. Parsons, et al, tent/uploads/2016/02/23104301/HateCrimes-report.pdf. closed#tabs lawcenter.giffords.org/gun-laws/policy-areas/background-checks/universal-background-checks/ S. 2492: NICS Denial Notification Act of 2018, B. Goggins, and A. Gallegos, the National Center for State Courts, April 2016, D. Barrett, et al, national/fbi-database-for-gun-buyers-missing-millions-of-records/2017/11/10/dd87ff8c-c4c4-11e7-aae0-cb18a8c29c65_story.html?utm_ter m=.92c8e0f44901 ry/2016-nics-operations-report-final-5-3-2017.pdf/view states and are shared interstate via the NCIC database. The NCIC criminal history records of individuals from the fifty III is the index that stores to records of domestic violence restraining orders. The NICS Index is of the criminal records and provides access acts as a “hub” for the retrieval See, GAO, a prospective buyer. Firearms Licensees to check the eligibility of primarily for the use of Federal Federal Bureau of Investigations, 2016 NICS Operations Report, May 3, 2017, page 22, available at 2016 NICS Operations Report, May 3, 2017, Federal Bureau of Investigations, 582 579 577 578 575 576 564 561 562 563 580 581 571 GAO, 572 GAO, 573 GAO, 574 B. Fearnow, 569 570 566 567 GAO, 568 GAO, 565 188 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 603 602 601 600 599 598 597 596 595 594 593 592 591 590 589 588 587 586 585 584 583 porary Problems,2017, 179, J.W. Swanson,etal, Means Matter, The EducationFundtoStopGunViolence, Breaking-through-Barriers-September-2017-Consortium-for-Risk-Based-Firearm-Policy-FINAL.pdf cation FundtoStopGunViolenceand TheConsortiumforRisk-BasedFirearmPolicy, September2017, A. AllchinandV. Chaplin, cal-gag-law-struck-down-by-eleventh-circuit-court-of-appeals/ Giffords LawCentertoPreventGunViolence, mo.gov/main/OneSection.aspx?section=571.012&bid=29696&hl=571.012%u2044 Missouri Statutes,Title XXXVIII,Chapter571.012, tutes_144-05 Minnesota Statutes,§114.05,GeneralDutiesofCommissioner;Reports, tion_0080/0500-0160-0010-0080.html Montana Code,§50-16-108, suicides inthestate). (The yearsfollowingSouthDakota’s repealofitswaitingperiodrequirement forfirearmpurchasers,wasmarkedbyaclearincreaseinfirearm-related no. 10,2015:2049ate5, M.D. AnestisandJ.C.Anestis, (California institutedaten-daywaitingperiodforfirearmpurchaseswhichfurtherdecreasedtheirrateoffirearm-relatedsuicides). no. 10,2015;2049ate5,e7, M.D. AnestisandJ.C.Anestis, no. 10,2015;2049, M.D. AnestisandJ.C.Anestis, Island allrequireapermit,license,orsafetycertificatetoobtainand/orpossessfirearm. California, Connecticut,Hawaii,Iowa,Illinois,Maryland,Massachusetts,Michigan,Nebraska,NewJersey, NewYork, NorthCarolina,andRhode Licensing Laws Maryland, Minnesota,andNewJerseyimplementwaitingperiodsforthepurchaseofhandguns. California, Hawaii,Illinois,RhodeIsland,Florida,andtheDistrictofColumbiarequireawaitingperiodforallgunpurchases,whileIowa, Giffords LawCentertoPreventGunViolence, were theonlytwostatesthatdidnotexperienceanincreaseinrate). Web-based InjuryStatisticsQueryandReportingSystem(WISQARS), nvsr66/nvsr66_06.pdf S.L. Murphy, etal, 2015, J.M. Metzl,andK.T. MacLeish, watch-05-01-17.pdf Giffords LawCentertoPreventGunViolence, Or. Rev. Stat.Ann.§166.470(1)(h);Or. Rev. Stat.Ann.§166.155(1)(b). N.J. Stat.§2C:39-7;2C:16-1. Minn. Stat.§624.713subd.1(11) 92(a), 98.(Thecrimemustfitunderthedefinitionof“ViolentCrime.”) Massachusetts Statutes:ALMGLch.140,§129B;121;265,39;266127(a);272§§ Md. CodeAnn.,Pub.Safety§5-101; injury toanother.”) 552, 555(Del.1969)(“Accordingly, weconstruetheentireclausetomean(1)anyfelony, or(2)anymisdemeanorinvolvingviolenceandbodily ing, owning,possessingorcontrollingadeadlyweaponammunitionforfirearmwithintheState”);11Del.C.1304;State v. Robinson,251A.2d to another, whetherornotarmedwithhavinginpossessionanyweaponduringthecommissionofsuchfelonycrimeviolence”from“purchas 11 Del.C.§1448(banning“AnypersonhavingbeenconvictedinthisStateorelsewhereofafelonycrimeviolenceinvolvingphysicalinjury id=201720180AB785 California, AB-785,Firearms:possessionoffirearmsbyconvictedpersons, www.ncbi.nlm.nih.gov/pmc/articles/PMC4318286/

Lethal MeansCounseling, , GiffordsLawCentertoPreventGunViolence, Deaths: FinalDatafor2015

Implementation andEffectivenessofConnecticut’s Risk-BasedGunRemovalLaw:Does itPreventSuicides? www.ncbi.nlm.nih.gov/pmc/articles/PMC4566524/

Breaking Barriers:TheEmergingRoleofHealthcareProviderTraining ProgramsinFirearmSuicidePrevention www.ncbi.nlm.nih.gov/pmc/articles/PMC4566524/

Privacy InHealthCare--OwnershipOfFirearms www.scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4830&context=lcp Suicide RatesandStateLawsRegulatingAccessExposuretoHandguns, Suicide RatesandStateLawsRegulatingAccessExposuretoHandguns, Suicide RatesandStateLawsRegulatingAccessExposuretoHandguns www.ncbi.nlm.nih.gov/pmc/articles/PMC4566524/ Mental Illness,

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Mass Shootings,andthePoliticsofAmericanFirearms, , NationalVitalStatisticsReports,Vol. 66,No.6,27November2017, Health careprofessionalsnotrequiredtodisclosepatientfirearminformation,

, http://lawcenter.giffords.org/gun-laws/policy-areas/gun-owner-responsibilities/licensing/ http://lawcenter.giffords.org/gun-laws/policy-areas/gun-sales/waiting-periods/ , Fatal InjuryData www.lawcenter.giffords.org/wp-content/uploads/2017/05/Law-Center-Trend

www.lawserver.com/law/state/minnesota/mn-statutes/minnesota_sta www.leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_ , www.efsgv.org/lethal-means-safety-counseling/

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?, Albany Law Review, 2014, ?, Albany Law Review, www.cdc.gov/violenceprevention/pdf/suicide-datasheet-a.pdf www.cdc.gov/nchs/data/nvsr/nvsr65/nvsr65_04.pdf , Los Angeles Times, 24 September 2014, , Los Angeles Times, 2015,

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The Center on Juvenile and Criminal Justice, 26 August 2014, The Center on Juvenile and Criminal Justice, 26 August 2014, The Center on Juvenile and www.albanylawreview.org/Articles/Vol78_2/78.2.885%20Tweedy.pdf www.albanylawreview.org/Articles/Vol78_2/78.2.885%20Tweedy.pdf www.acslaw.org/files/Fletcher%20Issue%20Brief.pdf U.S. settlement with Navajo Nation is largest ever for a tribe U.S. settlement with Navajo Nation is largest ever for Addressing the Epidemic of Domestic Violence in Indian Country by Restoring Tribal Sovereignty Tribal of Domestic Violence in Indian Country by Restoring Addressing the Epidemic FBI expands background checks on tribal land FBI expands background checks on tribal land

Indians and Guns Indians and Guns www.courts.ca.gov/documents/forum-20150416-materials.pdf www.courts.ca.gov/documents/forum-20150416-materials.pdf , Amnesty International, ground-checks-on-tribal-land Access Program, US DoJ, Tribal Protection Order Registries Could Have Prevented Gun Tragedy Court Access To Tribal 2015, National Instant Criminal Background Check System Regulation 27386.htm Devaney, T. ground-checks-on-tribal-land Access Program, US DoJ, Tribal Devaney, T. 2014, at 891, Code Criminal Offenses § 508(A) Of Indians Of Oklahoma, Tribal Absentee-Shawnee Tribe Code Code § 171.146; Cherokee Code §14-34.15(A); Makah Tribal Of LA. Codes § 3a.02.010(A)(2); Ely Shoshone Tribal Coushatta Tribe 11.4.09(D) White Mountain Apache Crim. Code § 6.3(D)(2) an Tribes And Gun Regulation: Should Tribes Exercise Their Sovereign Rights To Enact Gun Bans Or Stand-Your-Ground Laws Enact Gun Bans Or Stand-Your-Ground Exercise Their Sovereign Rights To And Gun Regulation: Should Tribes an Tribes &Arapaho Fish & Game Code §16-8-12 Of Ordinances, §14.34.1; Gila River Indian Community Criminal Code §5.1301; A. Tweedy, Cherokee Indians Eastern Band, North Carolina - Code Laws Enact Gun Bans Or Stand-Your-Ground Sovereign Rights To Exercise Their And Gun Regulation: Should Tribes Indian Tribes 2014, Review, Code §8-6-17; Bay Mills Criminal Offenses § 508(A); Poarch Band Of Creek Indians Tribal Code Of Indians Of Okla. Tribal Absentee-Shawnee Tribe §2-1-1204 ; A. Riley, Salish And Kootenai Tribes Law & Order Code §610; Laws Of The Confederated Eastern Band Cherokee Indians Code §14-34.11(A); Law And Order Code Of The Rosebud Sioux Tribe §5-11-2; Squaxin Island Tribal Code §5-11-2; Squaxin Island Tribal Law And Order Code Of The Rosebud Sioux Tribe Eastern Band Cherokee Indians Code §14-34.11(A); §5-11-2; Eastern Band Cherokee Indians Code §14-34.11(A) Sioux Tribe §9.12.840(A)(2); Law And Order Code Of The Rosebud Cherokee Indians Code § 144-2; A. Tweedy, Ely Shoshone Crim. Code §202.265; Eastern Band Laws Or Stand-Your-Ground Enact Gun Bans Exercise Their Sovereign Rights To Vol78_2/78.2.885%20Tweedy.pdf §5 10-5-1; Cherokee Code §113-10; Shoshone Mescalero Apache Tribe §15-10-2; Criminal Code Chapter 10. - Weapons Pueblo of Laguna Tribe federal-and-state-recognized-tribes.aspx C. Carcamo, tionnow/la-na-nn-navajo-nation-settlement-20140924-story.html 1, §6 Navajo Nation Code ANN. TIT. A. Riley, ans-and-Guns.pdf Who Are Police Killing?, 25 U.S.C. §§1301–1303 A. Riley, ley-Indians-and-Guns.pdf Federal and State Recognized Tribes Who Are Police Killing?, March 2009, See 51/035/2007 and Prevention, WISQUARS database, Center for Disease Control Deaths, and Rates per 100,000 all races], Intervention Injury, Amnesty International Interview with Janet Delana, 1 August 2018 Delana, 1 August 2018 Interview with Janet Amnesty International Control and Prevention, Centers for Disease Statistics Reports National Vital M. Fletcher, 627 625 626 622 623 624 620 621 617 618 619 615 616 611 612 613 614 610 608 609 604 605 606 607 190 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 655 654 653 652 651 650 649 648 647 646 645 644 643 642 641 640 639 638 637 636 635 634 633 632 631 630 629 628 lence, isforthcoming. Amnesty InternationalinterviewwithDaniella Santora,April2018.Herstudy, Wheelchair Life:Race,DisabilityandtheAfterlifeofGunVio Amnesty InternationalinterviewwithDerrick Strong,April2018. na/ Contemporary UrbanEthnographicResearch, July2012, See also J. Lee, Amnesty Internationalinterviewwith(juvenilepseudonym),April2018. Amnesty InternationalinterviewwithDerrickStrong,April2018. J. Fagone, Antonius Wiriadjaja, blogreproducedwithpermissionofauthor, Amnesty InternationalInterviewwithDr. Scalea,April2018. Amnesty InternationalInterviewwithDr. Avegno, April2018. Amnesty InternationalInterviewwithJamieWilliford, April2018. UN HumanRightsCommittee,GeneralComment6,ArticleU.N.Doc.HRI/GEN/1/Rev.1 at6(1994). ICESCR, CRC,CEDAW, andtheConventiononRightsofPersonswithDisabilities. The USAisoneofthefewcountriesinworldthathasnotratifiedkeytreatieswhichguaranteeaspectsrighttohealth,theseinclude implicated bygunviolence,includingtherighttolifeandbefreefromdiscrimination,areexaminedinchapterone. These arethehumanrightsstandardsandrecommendationsspecifictogunshotsurvivorsrighthealth.Therangeofhuman ed-homicide-data-table-4.xls known orrecorded.SeeFBI, weapon canbeidentifiedwerecarriedoutusinghandguns,andthetruefigureislikelytohigher, as thetypeofweaponusedisnotalways Handguns areusedinthevastmajorityofshootings.AccordingtoFBIfiguresfor2016,atleast65%gunhomicideswhichthemurder tic.com/politics/archive/2018/02/what-i-saw-treating-the-victims-from-parkland-should-change-the-debate-on-guns/553937/ Dr. H.Sher, ward/article201949054.html A. Daugherty, Times, 3March2018, master, theSmith&Wesson M&P15andtheSpringfieldArmorySaint.SeeJ.Ismayetal, The termAR-15hasbecomeacatchallthatincludesvarietyofweaponslookandoperatesimilarly, includingtheRemingtonBush Amnesty InternationalInterviewwithDr. Thomas Scalea,Baltimore,Maryland,April2018. the shooting,butthosewhohappenedtobewithornearintendedvictim. A CeasefireworkertoldAmnestyInternationalthatinhisexperience,thosewithsinglegunshotwoundswereusuallynottheprimarytargetof sun.com/news/shoot-to-kill/ J. George, Bureau ofJusticeStatistics, Amnesty InternationalinterviewwithDr. JenniferAvegno, NewOrleans,Louisiana, April2018. their injuries. 9% (58in2017)dietheemergencyroom;numberdoesn’tincludethosewhodiedasaresultoflatercomplicationsorothereffects org/2015/09/bullet-injuries-wounds-trauma-surgery/ M. Spies, Amnesty InternationalinterviewwithDr. ThomasScalea,Baltimore,Maryland,April2018. for DiseaseControlWISQARS, however cautionsthatthefigureisunstable.Theincludesallshootinginjuries,includingintentional,accidental,andsuicide.Centers Centers forDiseaseControlWISQARS(Web-based InjuryStatisticsQueryandReportingSystem)givesatotalfigureof116,414for2016, 2016, Centers forDiseaseControlandPrevention,WISQARS™(Web-based InjuryStatisticsQueryandReportingSystem),Non-FatalData, 2018 Strong, NewOrleans,Louisiana,April2018;AmnestyInternationalinterviewwithAnthonyDavis(pseudonym),Baltimore,Maryland, Amnesty InternationalInterviewwithJamieWilliford, BatonRouge,Louisiana,April2018;AmnestyInternationalinterview withDerrick

www.cdc.gov/injury/wisqars/nonfatal.html What happenstothepeoplewesave?, , Wounded: Lifeaftertheshooting When aBulletEnterstheBody:GunViolenceasSeenbyTrauma Surgeon Shoot tokill:WhyBaltimoreisoneofthemostlethalcitiesinUS What bulletsdotobodies, What IsawtreatingthevictimsfromParklandshouldchangedebateonguns Why AR-15InjuriesaresoDevastating www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html

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Crime intheUnitedStates TheHighline,26April2017, , TheAnnalsofAmericanAcademy Political andSocial,V TEDxUofT, 4May2016,

July 1995, . , MiamiHerald,24February2018, www.journals.sagepub.com/doi/abs/10.1177/0002716212438208?journalCode=an , www.bjs.gov/content/pub/pdf/GUIC.PDF , www.cdc.gov/injury/wisqars/index.html www.ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/tables/expand www.gunsurvivor.antoni.us/ www.highline.huffingtonpost.com/articles/en/gun-violence/ www.jooyoungkimlee.com/ , BaltimoreSun,30September2016, , TheTrace, 21September2015, www.miamiherald.com/news/local/community/bro

How theAR15became‘America’s Rifle’,

, TheAtlantic,22February2018,

ol. 642,BringingFieldworkBackIn: www.data.baltimore www.thetrace.

www.theatlan NewYork ------AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 191 - - - - -

, The Huffington Post, Vol. 642, Bringing Fieldwork Vol. Unemployment remains stubbornly Unemployment , Health Affairs, Vol. 36, No 10, Octo , Health Affairs, Vol. www.journals.sagepub.com/doi/ Vol. 642, Bringing Fieldwork Back In: Con Vol. , The Journal of Trauma and Acute Care Surgery, and Acute Care Surgery, , The Journal of Trauma www.nscisc.uab.edu/Public/Facts%20and%20Figures%20 www.christopherreeve.org/living-with-paralysis/stats-about-paralysis www.louisianaweekly.com/unemployment-remains-stubbornly-high-for- , The Annals of the American Academy of Political and Social Sci , The Annals of the American www.journals.sagepub.com/doi/abs/10.1177/0002716212438208?journal www.medicare.gov/coverage/pt-and-ot-and-speech-language-pathology.html www.journals.sagepub.com/doi/abs/10.1177/0002716212438208?journalCode=anna The Annals of American Academy of Political and Social, The Annals of American Academy , The Annals of the American Academy of Political and Social Science, , The Annals of the American Academy of Political Wounded: Life after the Shooting Wounded: , The Louisiana Weekly, May 2018, May 2018, Weekly, , The Louisiana

Gunshot wounds: A review of ballistics, bullets, weapons and myths www.huffingtonpost.com/entry/aurora-theater-shooting-joshua-nowlan_us_5a0a2595e4b0b17ffcdfc95c To get through my PTSD, I have to accept that I’ve been shot and that my life has been completely altered accept that I’ve been shot and that my life has been get through my PTSD, I have to To

Emergency Department Visits For Firearm-Related Injuries In The United States, 2006–14 , P.Rhee, et al, , P.Rhee, Wounded: Life after the Shooting Wounded: Wounded: Life after the shooting, Wounded: Vol. 642, Bringing Fieldwork Back In: Contemporary Urban Ethnographic Research, July 2012, 642, Bringing Fieldwork Back In: Contemporary Vol. location. Co-payments typically range from 10-50% of the overall cost. Insurance plans purchased under the Affordable Care Act (commonly location. Co-payments typically range from 10-50% maximum known as Obamacare) currently have a US$7350 out-of-pocket See study sample retained bullets, and that they were felt to cause significant pain, stress and anxiety. Jooyoung Lee found that half his Dr. J. Lee, July 2012, Back In: Contemporary Urban Ethnographic Research, The amputation was carried out in January 2018. The amputation was carried J. Lee, For further information, see ence, abs/10.1177/0002716212438208?journalCode=anna more than US$60,000, depending on surgical need, complications arising, and geographic Surgical costs range from less than US$20,000 to Amnesty International interview with Anthony Davis, April 2018. Amnesty International interview E. Schumaker, 22 November 2017, National Spinal Cord Injury Statistical Center, Facts and Figures at a Glance, 2018 Facts and Figures at National Spinal Cord Injury Statistical Center, -%202018.pdf See also 2016 Amnesty International interview with Jamie Williford, April 2018 Amnesty International interview with Jamie Williford, the Supplemental Nutrition Assistance Program. Once known as In fiscal year 2017, the federal government spent over $70 billion on SNAP, households (USDA: Character Food Stamps, SNAP provides direct support for essential food items to about 44 million people from low-income istics of USDA SNAP Households, November 2017). Gani, et al, F. ber 2017, 1729-38. Amnesty International interview with Dr. Scalea, April 2018 Amnesty International interview with Dr. April 2018 Avegno, Amnesty International interview with Dr. Daniella Santoro, Wheelchair Life: Race, Disability and the Afterlife of Gun Violence, forthcoming nursing home system that values profits over patients”, The Advocate, 29 April 2017; email conversation Rebekah Allen, “Inside Louisiana’s with Daniella Santoro, 1 June 2018 20% (3,540) of those could be caused by violence. Most hospital records tend to classify SCI on the basis of severity rather than cause, and 20% (3,540) of those could be caused by violence. effects of gunshot injuries. there is no systematic collection of data around the April 2018, who also pointed out that because New Orleans homes are elevated due to Amnesty International interview with Daniella Santoro, and wheelchair users have to negotiate a flight of steps even to reach the front door. flood risk, there is little level-access accommodation, April 2018 Amnesty International interview with Jamie Williford, Amnesty International interview with Francis Falls, April 2018 Christopher and Dana Reeve Foundation, Stats about Paralysis, 2013, Christopher and Dana Reeve Foundation, Stats about resulting from violence, with 383,334 cases in which the cause was unidentified due to 90,254 positively identified as spinal cord injury (SCI) missing data 4 June 2018. Avegno, Email to Amnesty International from Dr. to and estimates that up traumatic SCI nationwide is currently around 17,700 per year, Daniella Santoro notes that the number of cases of Code=anna and Derrick Strong, April 2018 Amnesty International interviews with Jamie Williford Amnesty International interview with Dr. Scalea, April 2018. Scalea, with Dr. Amnesty International interview J. Lee, Research, July 2012, temporary Urban Ethnographic See Medicare.gov, the official US Government site for Medicare, official US Government the See Medicare.gov, 2018; black male jobless Baltimore, April and May 2017 and April 2018, Orleans January and February interviews New Amnesty International S. Buchanan, a 2011 high of 52%. See 48% in 2016, down from Orleans was reported to be ness in New men in New Orleans high for Black black-men-in-new-orleans/ 664 662 663 660 661 679 676 677 678 672 673 674 675 669 670 671 666 667 668 665 658 659 656 657 192 AMNESTY INTERNATIONAL: IN THE LINE OF FIRE 708 707 706 705 704 702 701 700 699 698 697 696 695 694 693 703 692 691 690 689 688 687 686 685 684 683 682 681 680 verified throughauniformsystem. a requirementthatanindividualpurchasing afirearmfromanFFLmustpresentvalididentification,thepurchaser’s identificationisnotnecessarily Under federallaw, thereisnoprocess mandatedthroughwhichanFFLmustvalidateapurchaser’s identificationdocuments.Accordingly, despite universal-background-checks/#state Universal BackgroundChecks universal-background-checks/#state Universal BackgroundChecks Armslist isthelargestfreegunclassifiedsplatformoninternet,see 1314st.pdf Bureau ofJusticeStatistics,USDoJ, National InstantCriminalBackgroundCheckSystem Chapter 2 The BradyHandgunViolencePreventionActof1993 trict-attorney-to-pursue-death-penalty-against-4-suspects R. Arnold, go.com/news/massacre-of-family-of-8-detailed-by-suspect-police-say/923772/ M. Shay, Amnesty InternationalphonecallwithHarrisCountySheriff’s Department,PrivateInvestigationsOfficer, July2,2018,3:35PM. morning-mix/wp/2015/08/10/accused-texas-shooter-david-conley-had-troubled-past-with-victim/?utm_term=.c220dc26b498 L. Bever, Amnesty InternationalphonecallwithHarrisCountySheriff’s Department,PrivateInvestigationsOfficer, July2,20183:35PM. morning-mix/wp/2015/08/10/accused-texas-shooter-david-conley-had-troubled-past-with-victim/?utm_term=.c220dc26b498 L. Bever, com/2015/08/09/bodies-of-6-children-2-adults-found-in-houston-area-home-after-standoff-man-48-in-custody/ CNN Wire, com/2015/08/09/bodies-of-6-children-2-adults-found-in-houston-area-home-after-standoff-man-48-in-custody/ CNN Wire, NICS FirearmBackgroundChecks,November30,1998-August31,2018, missioner forHumanRights,15April2016,A/HRC/32/21,par. 27,32, UN HumanRightsCouncil, Amnesty InternationalinterviewwithFrancisFalls,April2018 Email conversationwithSaraCusimano,June2018;AmnestyInternationalinterviewJanuary2017 Antonius Wiriadjaja, blogreproducedwithpermissionofauthor, Email conversationwithSaraCusimano,June2018 Amnesty InternationalinterviewwithSaraCusimano,January2017 Email fromDr. JenniferHughes,AssistantProfessorofClinicalPsychiatryatLSUHealthSciencesCenter, 15June2018 rary UrbanEthnographicResearch,July2012, J. Lee, violence-in-america/ M. Follman,etal, 2017, 1729-38 F. Gani,etal, Email toAmnestyInternationalfromDr. JenniferHughes,AssistantProfessorofClinicalPsychiatryatLSUHealthSciencesCenter, 16May2018 news/maryland/investigations/bal-shoot-to-kill-part-three-story.html J. George, 2017, 1729-38 F. Gani,etal, Wounded: Lifeaftertheshooting Family massacresuspectreportedlydetailshow8killingswereplanned,executed Accused Texas shooterDavidConleyhadtroubledpastwithvictim, Accused Texas shooterDavidConleyhadtroubledpastwithvictim, Baltimore emergencyroomsstruggletocareforseverelywoundedpatients District Attorneytopursuedeathpenaltyagainst4suspects Bodies of6Children,2ParentsFoundinHouston-AreaHomeAfterStandoff;Man,48, Arrested Bodies of6Children,2ParentsFoundinHouston-AreaHomeAfterStandoff;Man,48,Arrested

Emergency DepartmentVisitsForFirearm-RelatedInjuriesInTheUnitedStates,2006–14 Emergency DepartmentVisitsForFirearm-RelatedInjuriesInTheUnitedStates,2006–14 The True CostofGunViolenceinAmerica

Human RightsandtheRegulationofCivilianAcquisition,Possession,UseFirearms.Report , GiffordsLawCentertoPreventGunViolence, , GiffordsLawCentertoPreventGunViolence,

Background ChecksforFirearmTransfers, 2013-2014–StatisticalTables , TheAnnalsofAmericanAcademyPoliticalandSocial www.journals.sagepub.com/doi/abs/10.1177/0002716212438208?journalCode=anna/ (NICS),FBI, , 18USC.§922(s),amendingtheGunControlActof1968,FormoreonBradysee , MotherJones,15April2015, www.gunsurvivor.antoni.us/ www.fbi.gov/services/cjis/nics

, Channel2NewsHouston,20July2017, www.armslist.com/ www.un.org/en/ga/search/view_doc.asp?symbol=a/hrc/32/21

www.fbi.gov/file-repository/nics_firearm_checks_-_month_year.pdf www.lawcenter.giffords.org/gun-laws/policy-areas/background-checks/ www.lawcenter.giffords.org/gun-laws/policy-areas/background-checks/ Washington Post,10August2015, Washington Post,10August2015, , BaltimoreSun,14October2016,

, ABC7NewsChicago,12August2015, www.motherjones.com/politics/2015/04/true-cost-of-gun-

Vol. 642,BringingFieldworkBackIn:Contempo , HealthAffairs,Vol. 36,No10,October , HealthAffairs,Vol. 36,No10,October , KTLANews,9August2015, , KTLANews,9August2015,

, www.washingtonpost.com/news/ www.washingtonpost.com/news/ www.bjs.gov/content/pub/pdf/bcft www.click2houston.com/news/dis www.baltimoresun.com/ oftheUNHighCom

www.abc7chica

www.ktla. www.ktla.

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www.everytownre www.gao.gov/as 19 Injury Prev. 26-31, 2013, 19 Injury Prev. www.theguardian.com/us- www.theguardian.com/us- , Center for American Progress, 2

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, Journal of Criminal Law and Criminology, Law and Criminology, , Journal of Criminal www.lawcenter.giffords.org/gun-laws/policy-ar , , GAO, July 2016, www.guardianlv.com/2015/06/9-struck-down-in- , US DoJ, National Institute of Justice Research, Institute of Justice , US DoJ, National , Ann Intern Med. 2017;166(4):233-239, 21 February , Ann Intern Med. 2017;166(4):233-239, 21 February , Ann Intern Med. 2017;166(4):233-239, , Violence Prevention Research Program, University of , Violence Prevention Research

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www.lawcenter.giffords.org/gun-laws/policy-areas/background-checks/uni www.lawcenter.giffords.org/gun-laws/policy-areas/background-checks/uni

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www.thinkprogress.org/exclusive-the-fbi-allowed-over-300-000-gun-purchases-last-year- The City of New York

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Beyond Our Borders: How Weak U.S. Gun Laws Contribute to Violent Crime Abroad U.S. Gun Laws Contribute to Violent Beyond Our Borders: How Weak www.scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.bing.com/&httpsredir=1&arti A NICS Delay

, Think Progress, 15 June 2017, , Giffords Law Center to Prevent Gun Violence, , Giffords Law Center to Prevent Gun Violence, www.ncjrs.gov/pdffiles/165476.pdf Guns in America: National Survey on Private Ownership and Use of Firearms Ownership and Use National Survey on Private Guns in America: