AFF Brief Resolved: the United States Should Require Universal Background Checks for All Gun Sales and Transfers of Ownership
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Gun Control Legislation
Gun Control Legislation William J. Krouse Specialist in Domestic Security and Crime Policy May 27, 2009 Congressional Research Service 7-5700 www.crs.gov RL32842 CRS Report for Congress Prepared for Members and Committees of Congress Gun Control Legislation Summary Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. Past legislative proposals have raised the following questions: What restrictions on firearms are permissible under the Constitution? Does gun control help reduce violent crime? Would household, street corner, and schoolyard disputes be less lethal if firearms were more difficult to acquire? Or, would more restrictive gun control policies diminish an individual’s ability to defend himself. Speaking to these questions either in whole or part, on June 26, 2008, the Supreme Court issued its decision in District of Columbia v. Heller and found that the District of Columbia (DC) handgun ban violated an individual’s right under the Second Amendment to lawfully possess a firearm in his home for self defense. In the 110th Congress, pro gun Members of the House of Representatives, who were dissatisfied with the District’s response to the Heller decision, passed a bill that would have further overturned provisions of the District’s gun laws. In the 111th Congress, pro gun Members of the Senate amended the DC voting rights bill (S. 160) with language similar to the House bill (described above) and passed that bill on February 26, 2009. House leadership, meanwhile, has reportedly been negotiating to end the impasse over the District’s gun laws and bring its version of the DC voting rights bill (H.R. -
Journey to Gunland
PUBLIC HEALTH JOURNEY TO GUNLAND 54 Scientific American, October 2017 JOURNEY TO More firearms do not keep people safe, hard numbers show. Why do so many Americans believe the opposite? By Melinda Wenner Moyer GUNLAND Photographs by Ben Rollins October 2017, ScientificAmerican.com 55 AFTER I PULLED THE TRIGGER Writer Melinda Wenner Moyer won an Award for AND RECOVERED FROM THE Excellence in Health Care Journalism for her December 2016 Scientific American article “The Looming Threat RECOIL, I SLOWLY REFOCUSED of Factory-Farm Superbugs.” MY EYES ON THE TARGET. THERE IT WAS—A TINY BUT DISTINCT 1 CIRCLE NEXT TO THE ZOMBIE’S EYE, THE FIRST BULLET HOLE I’D EVER MADE. I LOOKED DOWN AT THE SHAKING GLOCK 19 IN MY HANDS. A SWIFT AND STRONG EMOTIONAL TRANSFORMATION SWEPT OVER ME. IN SECONDS, I WENT FROM FEELING NERVOUS, EVEN TERRIFIED, TO EXHILARATED AND UNASSAILABLE— A N D RIGHT THEN I UNDERSTOOD WHY MILLIONS OF AMERICANS GUN CITY: Kennesaw, Ga., near Atlanta, has a law requiring citizens to own firearms (1 ). At the Governors Gun Club outside BELIEVE GUNS KEEP THEM SAFE. town, people practice shooting targets (2 ). I was standing in a shooting range 15 miles south of Ken- running for president, said of the 2015 shooting massacre in San nesaw, Ga., a place known as “America’s Gun City” because of a Bernardino, Calif., that “if we had guns in California on the other law requiring residents to own firearms. It was day two of a side, where the bullets went in the different direction, you four-day road trip I’d embarked on to investigate a controver- wouldn’t have 14 or 15 people dead right now.” Mike Watkins, a sial and popular claim made by the gun lobby: that more guns cop–turned–firearm instructor at the Kennesaw range, put it this protect more people from crime. -
Survey Research and Self-Defense Gun Use: an Explanation of Extreme Overestimates David Hemenway
Journal of Criminal Law and Criminology Volume 87 Article 5 Issue 4 Summer Summer 1997 Survey Research and Self-Defense Gun Use: An Explanation of Extreme Overestimates David Hemenway Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation David Hemenway, Survey Research and Self-Defense Gun Use: An Explanation of Extreme Overestimates, 87 J. Crim. L. & Criminology 1430 (1996-1997) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/97/8704-1430 THEJOURNAL oF CRIMINAL LAw & CRIMINOLOGY Vol. 87, No. 4 Copyright © 1997 by Northwestern University, School of Law Printed in USA. POLICY AND PERSPECTIVES Editor's note: In Fall 1995, theJournalpublished an articleby Professors Gary Kleck and Marc Gertz, Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun, 86J. CGlM. & CRIMINOLOGY 150 (1995). As part of its Policy and Perspectives section, the Journalnow publishes the views of ProfessorDavid Hemenway on the Kleck-Gertz paper, a reply by Professors Kleck and Gertz, and the views of Professor Tom Smith on both the Hemenway and Kleck-Gertz papers. As always, the views expressed here are those of the authors. SURVEY RESEARCH AND SELF-DEFENSE GUN USE: AN EXPLANATION OF EXTREME OVERESTIMATES DAVID I{EMENWAY* I. INTRODUCTION AND SUMMARY Gary Kleck and Marc Gertz conducted a survey of civilian defen- sive gun use in 1992. -
Staff Memorandum
Staff Memorandum HOUSE OF DELEGATES Agenda Item #12 REQUESTED ACTION: Approval of the report and recommendations of the Task Force on Mass Shootings and Assault Weapons. The Task Force on Mass Shootings and Assault Weapons was appointed in 2018 by then-President Michael Miller to update the 2015 report entitled “Understanding the Second Amendment – Gun Regulation in America Today and Yesterday” with a focus on the role of mass shootings and assault weapons on gun violence in the United States. The Task Force’s report, entitled “Reducing the Epidemic of Mass Shootings in the United States – If Not Now, When?” is attached. The report reviews the current state of the law relating to gun regulation as well as data on mass shootings and assault weapons; Task Force members also met with firearms experts. It addresses the connection between domestic violence and mass shootings; the connection between mental health and mass shootings; and the regulation of the sale and transfer of guns, accessories, and ammunition. The report makes the following recommendations: ● Ban the possession, sale, and manufacture of assault-style weapons. ● Ban large-capacity magazines that hold more than 10 rounds of ammunition. ● Ban bump stocks and other devices that effectively enable semi-automatic firearms to be fired in fully automatic mode. ● Ban firearms manufactured without a license and without a serial number. ● Enact universal background checks for all gun sales, private and through licensed dealers. ● Expand the time for background checks to be completed before finalizing firearm sales. ● Require gun owners to obtain a license as a purchase and possession requirement for all types of firearms. -
“Gun Control” Vs. “Self- Protection”: a Case Against the Ideological Divide
“Gun Control” vs. “Self- Protection”: A Case against the Ideological Divide James M. La Valle1 Justice Policy Journal Volume 10, Number 1 (Spring) © Center on Juvenile and Criminal Justice 2013 www.cjcj.org/jpj Abstract A recent string of vicious, senseless and tragic mass spree killings have propelled an intense re-appraisal of U.S. gun laws, but the ensuing dialogue amply demonstrates that the opposing sides of the gun policy debate are as firmly entrenched in their mutual opposition to one another as ever before (Washington, 2012). Those who favor stricter “gun control” axiomatically oppose “personal protection” (e.g., “right to carry”) strategies, whereas those who favor “personal protection” measures stridently oppose “gun control”. The present study compares statistically (N=1736) these two contrasting approaches according to the methodological recommendations published by a National Academy of Sciences Research Panel (Wellford, Pepper & Petrie, 2005), and the results provisionally suggest that “personal protection” (“right to carry”; henceforth “RTC”) laws may reduce both gun homicide rates and total homicide rates, whereas traditional “gun control” policies do not detectably effect either outcome. However, the present study also observes that neither type of measure was originally designed to protect the public against the presently emerging and more deadly threat posed by armed and mentally 1 Coker College, Hartsville, SC, USA. Corresponding Author: James La Valle, Assistant Professor of Criminology, Coker College, Hartsville, SC, USA. Email: [email protected]. La Valle Justice Policy Journal, Spring 2013 disturbed mass spree killers. Suggestions for the modification of existing gun measures to more effectively prevent future mass spree-killings are offered. -
Gun Control: National Instant Criminal Background Check System (NICS) Operations and Related Legislation
Gun Control: National Instant Criminal Background Check System (NICS) Operations and Related Legislation October 17, 2019 Congressional Research Service https://crsreports.congress.gov R45970 SUMMARY R45970 Gun Control: National Instant Criminal October 17, 2019 Background Check System (NICS) Operations William J. Krouse and Related Legislation Specialist in Domestic Security and Crime Policy The Federal Bureau of Investigation (FBI) administers a computer system of systems that is used to query federal, state, local, tribal, and territorial criminal history record information (CHRI) and other records to determine an individual’s firearms transfer/receipt and possession eligibility. This FBI-administered system is the National Instant Criminal Background Check System (NICS). NICS, or parallel state systems, must be checked and the pending transfer approved by the FBI or state point of contact before a federally licensed gun dealer may transfer a firearm to any customer who is not also a federally licensed gun dealer. Current federal law does not require background checks for intrastate (same state), private-party firearms transactions between nondealers, though such checks are required under several state laws. In the 116th Congress, the House of Representatives passed three bills that would expand federal firearms background check requirements and firearms transfer/receipt and possession ineligibility criteria related to domestic violence. The Bipartisan Background Checks Act of 2019 (H.R. 8), a “universal” background check bill, would make nearly all intrastate, private-party firearms transactions subject to the recordkeeping and NICS background check requirements of the Gun Control Act of 1968 (GCA). For the past two decades, many gun control advocates have viewed the legal circumstances that allow individuals to transfer firearms intrastate among themselves without being subject to the licensing, recordkeeping, and background check requirements of the GCA as a “loophole” in the law, particularly within the context of gun shows. -
Task Force on Mass Shootings and Assault Weapons
Report of the New York State Bar Association Task Force on Mass Shootings and Assault Weapons November 2020 The views expressed in this report are solely those of the Task Force and do not represent those of the New York State Bar Association until adopted by the House of Delegates. New York State Bar Association Task Force on Mass Shootings and Assault Weapons Reducing the Epidemic of Mass Shootings in the United States – If Not Now, When? Final Report November 2020 TABLE OF CONTENTS MEMBERS OF THE NEW YORK STATE BAR ASSOCIATION TASK FORCE ON MASS SHOOTINGS AND ASSAULT WEAPONS ............................................................. 5 ACKNOWLEDGMENTS ....................................................................................................... 6 INTRODUCTION ................................................................................................................... 7 EXECUTIVE SUMMARY ..................................................................................................... 9 New York State Bar Association’s Role ..................................................................... 9 Recommendations ....................................................................................................... 9 Mass Shootings ........................................................................................................... 10 Assault Weapons ......................................................................................................... 11 Resent Developments in the Law ............................................................................... -
Understanding Key Terms in the Gun Control Debate by Shayna Orens and Gabriele Carotti-Sha, Newsela on 03.02.18 Word Count 1,596 Level MAX
Understanding key terms in the gun control debate By Shayna Orens and Gabriele Carotti-Sha, Newsela on 03.02.18 Word Count 1,596 Level MAX Image 1. A sign for Nagel's Gun Shop, one of the 6,700 gun dealers located near the 2,000-mile long U.S.-Mexico border, in San Antonio, Texas, 2009. Photo by: Gilles Mingasson/Getty Images The gun debate can be both heated and confusing. In this article, we will go over some of the key terms that come up in policy debates about gun control. Understanding these definitions is essential in order to follow the arguments that have been raised for or against tighter regulations. They might help you formulate arguments of your own, but bear in mind that thinking about policy rarely leads to simple or easy solutions. By looking at the vertical chart below, you can also see what restrictions apply to your state. The Second Amendment Opponents of tighter gun regulations often refer to the Second Amendment of the U.S. Constitution. This amendment, adopted in 1791, states the following: This article is available at 5 reading levels at https://newsela.com. 1 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. In the case known as District of Columbia v. Heller, the Supreme Court invalidated a D.C. law which prevented residents from owning certain handguns. The Supreme Court’s interpretation, which was expressed in 2008, was that the Second Amendment protects responsible, law- abiding citizens’ rights to possess operable handguns in their homes for self-defense. -
Case 3:19-Cv-01537-BEN-JLB Document 115 Filed 06/04/21 Pageid.10515 Page 1 of 94
Case 3:19-cv-01537-BEN-JLB Document 115 Filed 06/04/21 PageID.10515 Page 1 of 94 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JAMES MILLER, et al., Case No.: 19-cv-1537-BEN (JLB) 11 Plaintiffs, DECISION 12 v. 13 ROB BONTA, in his official capacity as Attorney General of the State of 14 California, et al., 15 Defendants. 16 17 I. INTRODUCTION 18 Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of 19 home defense weapon and homeland defense equipment. Good for both home and battle, 20 the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms 21 protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v 22 Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 23 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional. 24 Plaintiffs challenge a net of interlocking statutes which impose strict criminal 25 restrictions on firearms that fall under California’s complex definition of the ignominious 26 “assault weapon.” Hearings on a preliminary injunction were consolidated with a trial on 27 the merits pursuant to F.R.C.P. Rule 65(a)(2). Having considered the evidence, the Court 28 1 19-cv-1537-BEN (JLB) Case 3:19-cv-01537-BEN-JLB Document 115 Filed 06/04/21 PageID.10516 Page 2 of 94 1 issues these findings of fact and conclusions of law,1 finds for the Plaintiffs, and enters 2 Judgment accordingly. -
New York Trafficking Patterns
This report was prepared by the Office of the Attorney General of the State of New York’s Senior Advisor and Special Counsel Nicholas Suplina, Director of Research & Analytics Lacey Keller, and Data Scientist Meredith McCarron. Special thanks to the Research & Analytics Department and the Organized Crime Task Force for their assistance preparing the report. 1 Target on Trafficking: New York Crime Gun Analysis targettrafficking.ag.ny.gov OVERVIEW In the United States, virtually all firearms begin as legal weapons, but when they are diverted to criminal use and recovered by law enforcement, they become crime guns. Here’s what we discovered about these dangerous firearms in New York. New York law enforcement recovered 52,915 crime guns between 2010- 2015. About 90% of these guns were recovered in seven markets: New York City, Long Island, Lower Hudson Valley, Capital Region, Syracuse, Rochester, and Buffalo. About 75% of all recovered guns were handguns, the weapon of choice for violent criminals. Only 14% of handguns originated in New York. But an alarming 86% of handguns were originally purchased out-of-state and brought to New York before being used in a crime. Most of these guns began in just six states with weak gun laws – the states along I-95 that make up the Iron Pipeline. Iron Pipeline states were responsible for 70% of the handguns that we identified as recently trafficked into New York. 2 Target on Trafficking: New York Crime Gun Analysis targettrafficking.ag.ny.gov Critics of gun regulations often say that criminals don’t obey the law, so why bother? The data refutes that argument. -
Defensive Gun Use (DGU) in the American Gun Debate
DOI: 10.5604/01.3001.0014.3280 ASEJ ISSN: 2543-9103 ISSN: 2543-411X (online) Defensive Gun Use (DGU) in the American Gun Debate Karol Mazur1, Justyna Hasij2 1 MA in Political Science. PhD Candidate at The Institute of Political Studies, Polish Academy of Sciences Poland 2 The Higher School of Strategic Planning in Dabrowa Gornicza Kościelna 6, 41-300 Dąbrowa Górnicza - Poland maintaining the current regulations, and even for their Abstract- In this article, it is attempted to present a cross- liberalization, where, after tightening them, there is a clear sectional view on the issue of defensive gun use (DGU) in the increase in crime. In the opinion of the supporters of the 2nd United States. This issue is a key element in the US gun control Amendment, it is possible to look at the issue of access of debate that is currently underway in the academic community; firearms from a different perspective, which is often overlooked criminologists, economists, political scientists and researchers dealing with broadly understood public health. Research in this in the broadly understood public debate. area and the data obtained are also one of the pillars arguments of Therefore, statistics and data from DGU rely on the sum of the defenders of the United States’ 2nd Amendment to the event registrations that can be qualified to the so-called positive Constitution. The article uses a selective review of the conclusions effect of having a gun. On the other hand, the positive effect of of the leading researchers and representatives in this field. having a gun can be defined as a situation in which the gun allowed the victims to repel the attack satisfactorily only for Index Terms— DGU, (S)DGU, Defensive Gun Use, Right to themselves and the environment. -
Myths About Defensive Gun Use and Permissive Gun Carry Laws
MEDIA BERKELEY STUDIES GROUP Myths about Defensive Gun Use and Permissive Gun Carry Laws Daniel Webster, ScD, MPH Johns Hopkins University, Baltimore, MD Jens Ludwig, PhD Georgetown University, Washington, DC © 2000 Prepared for the "Strengthening the Public Health Debate on Handguns, Crime, and Safety" meeting, Berkeley Media October 14 & 15, 1999, Chicago, IL, with support from the Joyce Foundation Studies Group 2140 Shattuck Ave. Suite 804 Berkeley, CA 94704 510.204.9700 fax 510.204.9710 [email protected] 2 Myths about Defensive Gun Use and Permissive Gun Carry Laws Myths about Defensive Gun Use and Permissive Gun Carry Laws In 1998, economist John Lott, Jr. published a book with the provocative title More Guns, Less Crime1 in which he presents and interprets data to support his thesis that communities are safer when its residents are free of government restrictions on gun ownership and carrying. The book focuses primarily on two of his studies. The first, conducted with David Mustard, estimates the effects on crime attributable to state laws that allow virtually all eligible gun buyers to obtain a permit to carry a gun in public.2 The second, conducted with William Landes, examines the effects of permissive gun carrying laws on mass shootings.3 In each case, the authors conclude that permissive gun carrying laws result in substantial reductions in violent crime. Another study that examines the benefits of gun ownership and carrying was conducted by Florida State University criminologists Gary Kleck and Marc Gertz,4 and was designed to estimate the frequency with which would-be-victims of crime in the U.S.