The Balancing Act of Gun Control How can we maintain our rights AND protect our lives?
Aaron Capece and Jamie Dick
Throughout this packet, we will examine the most widely debated topics, discussing each issue in its entirety. We then provide a range of potential solutions to the issue of gun violence. Each solution is unique and targets a different facet within the gun control debate.
Gun Violence in the United States Proposed Executive Actions etween the years of example of why medical President Barack Obama has proposed 2007 and 2011, records should be included 23 executive actions that would be B firearms were within the background check implemented with the intention to responsible for 67.34% system. Even still, others reduce gun violence. Of these 23 (46,313) of all homicides in believe that the gun show executive actions, the five actions most the United States. For loophole is the main source of applicable to our discussion are decades now the US has this gun violence, allowing summarized below: Require federal struggled to create a solution individuals to circumvent the agencies to make relevant data that would successfully background check system all available to the background check decrease firearm violence. together. With all these system; improve incentives for states This is largely due to the people advocating for a to share information with the extreme controversy that different problem, and with background check system; address surrounds the gun control each calling for a different legal barriers, particularly those debate. The society of the solution, it is easy to see why relating to the Health Insurance US is divided in many ways, this issue has yet to be Portability and Accountability Act separated by what they resolved. Throughout this (HIPAA), that may prevent states from believe is the source of packet, we will examine the making information available to the firearm violence. Some most widely debated topics, background check system; review and people believe that assault discussing each issue in its possibly expand the categories of weapons are responsible for entirety. We then provide a individuals prohibited from purchasing this violence, pointing to the range of potential solutions to and owning a firearm; publish a letter Sandy Hook shooting as an the issue of gun violence. from the ATF to federally licensed example of where assault Each solution is unique and dealers providing guidance on how to weapons have caused mass targets a different facet run background checks for private destruction. Others claim within the gun control debate. sellers. that the current background check system is too weak, allowing dangerous people the opportunity to purchase In this issue: firearms. They reference the Virginia Tech shooting as an Implement an Assault 2 Weapons Ban Close the Gun Show Loophole 4
Improve the Background 6 Check System
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O PTION ONE Implement an Assault Weapons Ban
WHAT IS AN ASSAULT ARE THEY A PROBLEM? WEAPON? Yes An assault weapon is any Assault weapons have been used as the primary weapon in semiautomatic weapon that multiple mass shootings over the last twenty years. Specifically, possesses one or more of the these include: the Sandy Hook shooting, the Aurora movie theater following [military style] shooting, the Columbine High School Massacre, along with 11 other characteristics: pistol grip, mass-shooting cases. forward grip, second pistol grip, collapsible stock, folding stock, No thumbhole stock, bump stock, The features that define a firearm as an assault weapon are purely barrel shroud, threaded barrel, cosmetic features, meaning they do not alter the firearm grenade or rocket launcher, mechanically. In fact, the majority of them improve the firearm’s revolving cylinder (shotgun), or accuracy, make the firearm easier to control, or enhance the safety bullet button. of the firearm.
POSSIBLE SOLUTION
Based off the most recently proposed assault weapons ban: Introduce federal legislation that would ban the sale, transfer, manufacturing and importation of any semiautomatic weapon that possesses one or more military-style features. This legislation would exclude weapons used by the military and law enforcement, antique weapons, and any weapon that is lawfully possessed prior to this bill’s enactment.
WHY NOT DO THIS? WHY DO THIS?
The state of California has a similar assault weapons During the previous 1994 Assault Weapons Ban, ban already in place; in 2010, assault weapons the use of assault weapons in violent crimes had accounted for 5.1% of all firearms used in violent decreased by almost 67% prior to its expiration. crimes in California. Non-assault weapon handguns, This demonstrates that the 1994 ban was rifles, and shotguns accounted for the other 94.9% successful in reducing the amount of firearm of firearms used in violent crime. This ban has only violence due to assault weapons, an outcome been successful at reducing the amount of firearm that we would expect to see with the violence caused by assault weapons, not in implementation of this new ban. decreasing the amount of firearm violence as a whole.
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An Assault Weapon is:
Any semiautoma c rifle that has Any semiautoma c pistol Any semiautoma c shotgun one or more of the following: that has one or more of the that has one or more of the · Pistol grip following: following: · Forward grip · Threaded barrel · Folding stock · Folding stock · Second pistol grip · Collapsible stock · Collapsible stock · Barrel shroud · Detachable stock · Grenade/Rocket launcher · Pistol grip · Rocket launcher Any firearm that has: · Forward grip · Barrel shroud · Bullet Bu on · Grenade/Rocket launcher · Threaded barrel · Bump Stock · Rocket launcher · Thumbhole Stock · Revolving cylinder
Forward Grip: Threaded Barrel: A Located toward the barrel with a screw‐like Collapsible Stock: front of the firearm pa ern at its end. Stock that can be adjusted Purpose: Gives the to fit the length of the user. ‘off‐hand’ something Purpose: Allows for a secure fit of the to hold, aiding in the Purpose: Allows for firearm to the shoulder which ensures maneuverability of a achments such as a greater accuracy by not allowing the the gun. flash suppressor or firearm to shi under recoil. sound suppressor. Bullet Bu on: A bu on that, when pressed, Thumbhole Stock: A hole located releases the towards the front of the magazine from stock in which a thumb Folding Stock: A stock the firearm. could fit through. That can be folded to be Purpose: Allows for a fixed Purpose: This design maximizes parallel with the firearm. magazine to be replaced. efficiency. Purpose: Allows for ease of opera on in close quarters. Grenade/Rocket Launcher: A achment to a rifle or shotgun that can fire grenades. Bump Stock: Uses the
Purpose: Launch grenades or rockets with recoil of the firearm to more accuracy, higher velocity, and to fire mul ple shots greater distances than a human could. in rapid succession. Purpose: Enables Pistol Grip: this process of ‘rapid fire’ to occur. Orients the hand in a ver cal posi on. Purpose: Allows Revolving Cylinder: for easy access Barrel Shroud: Covers Mul ple chambers and control of the the barrel of a firearm that each hold a trigger, magazine single bullet; these Purpose: Prevent the release bu on, chambers rotate throughout the shotgun. user from being burned and safety/fire by a hot barrel. Purpose: Allows the user to fire mul ple rounds without having to reload.
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O PTION TWO Close the Gun Show Loophole
WHAT IS THE GUN SHOW LOOPHOLE?
In accordance with the Gun Control Act of 1968, you must obtain a firearms license through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in order to sell firearms. However a provision of this law allows for those who are “not engaged in the business” of buying or selling firearms, or who only make “occasional” sales within their resident state, to sell firearms without holding a federal firearms license. This is commonly referred to as the gun show loophole.
Federal Licensees are required to: Non-Federal Licensees are not required to: Conduct background checks through the NICS for every sale Conduct background checks through the Maintain records on every transaction in NICS for any sale an ATF-approved book (or computerized Maintain records for any transaction equivalent) Collect sales tax Collect sales tax Understand and comply with any gun Understand and comply with all gun laws laws in any state other than their own in every state
IS THIS A PROBLEM?
Yes No Over 27% of the guns involved in the Less than 1% of U.S. “crime guns” came ATF’s criminal trafficking investigations from gun shows, with repeat offenders were linked to trafficking by unlicensed even less likely than first-time buyers to sellers, and over 30% were tied to traf- buy guns from any retail source – Bureau ficking at gun shows - ATF of Justice Statistics At the Columbine High School Massacre Private sales at a gun show are no the two killers bought their guns at a gun different in principle than private sales show from a non-licensed dealer anywhere else outside the gun show Gun shows are the second leading setting. source of firearms recovered from illegal gun trafficking investigations - ATF
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POSSIBLE SOLUTION:
STEP 1: Introduce legislation that would require all individuals who want to sell firearms at a gun show to hold a federal license or a provided alternative.
STEP 2: Create an alternative to the federal firearms license through the ATF, known as the Personal Sales License (PSL).
Who would be eligible? Individuals who are collectors or selling for personal use.
How would you get one? There would be an application on the ATF’s website where individuals could fill out their personal information, such as their name, address, date of birth, social security number, etc. Additionally, the individual would list the names and dates of the gun shows he is planning to attend, the number of firearms they are attempting to sell, as well as the type and serial number of each firearm.
How would it work? This information would be listed on the license that the individual would receive. The license would only be valid at the gun shows registered on the application and would expire after the date of the last gun show listed.
PSL requirements? With this license, dealers would be required to run background checks and keep records for every sale they make. They would also be required to comply with all state gun regulations, not just their own.
WHY DO THIS? WHY NOT DO THIS?
Closing the gun show loophole by requiring Individuals will now be forced to go through all dealers to possess either a federal the steps of obtaining this license which firearms license or a personal sales license, may cause financial and/or other subsequently requiring all dealers at guns inconveniences. Additionally, having to shows to conduct background checks, will disclose personal information such as effectively decrease firearm violence. This address or social security number would will close off convicted felons, and others invade an individual’s personal privacy. who cannot legally purchase firearms, from Also, this program would require additional direct access to the purchase of firearms by funding to be allocated to the ATF and with requiring background checks for all recent mandatory budget cuts this could potential buyers at a gun show. prove difficult to sustain.
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O PTION THREE Improve the Background Check System
WHAT IS THE CURRENT BACKGROUND CHECK SYSTEM? Who is prohibited from purchasing a firearm? Mandated by the Brady Handgun Violence Prevention Act of 1993, federally licensed dealers are required to conduct background
checks on all prospective buyers in order to instantly determine if Pursuant with the gun control they are eligible to purchase firearms. Since 1998, they have used act of 1968, the following the FBI Criminal Justice Information Services Division’s National factors would prohibit Instant Criminal Background System (NICS). The NICS was individuals from purchasing a developed and is maintained through a collective effort with the FBI, firearm: the ATF, the Department of Justice, and local and state law enforcement agencies. Convicted of any felony punishable by How does the NICS work? imprisonment exceeding one year in length When a background check is initiated, a name and Fugitive from justice descriptor search is conducted to identify any matching Unlawful user of or records in three databases managed by the FBI Criminal addicted to any controlled Justice Information Services Division. These databases are: substance Illegal alien National Crime Interstate National Instant Dishonorably discharged Information Center Identification Criminal Background from the Armed Forces (NCIC) Index (III) System (NICS) Index Renounced their citizenship The NCIC maintains The III maintains The NICS Index Subject to a court ordered information on subject criminal collects and restraining order individuals who are history records. maintains Convicted of a subjects of information from misdemeanor crime of protection orders or local, state, tribal, domestic violence active criminal and federal agencies Under indictment for a warrants, pertaining to misdemeanor punishable immigration individuals by imprisonment violators, and others. prohibited from exceeding two years in possessing a firearm length The Department of Homeland Security's U.S. pursuant to federal Adjudicated as a mental Immigration and Customs Enforcement (ICE) and state law. defective also maintains a database that is accessed Involuntarily committed to during the background check process. This mental institution database is searched for non-US citizens who are attempting to purchase firearms within the United States.
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IS THERE A PROBLEM WITH THE CURRENT SYSTEM?
Yes No
Federal law does not require states to make mental In 2012 alone, the NICS processed a total of health information available to the federal or state 8,725,425 transactions and denied 88,479 in agencies that perform background checks. As a accordance with the Gun Control Act of 1968. result many states fail to report to the NICS all Additionally, the NICS Index recently expanded to relevant health information, such as mental illness or include state-prohibiting records. As of 2012, the drug use, which would prohibit individuals from NICS Index records totaled over 8.3 million, an purchasing a firearm. The Tucson, Arizona shooter, increase of more than one million records over 2011. Jared Loughner, had been previously cited for Currently, the NICS Section have initiated an possession of drug paraphernalia, which would have outreach program in order to connect with local, prohibited him from purchasing a firearm; state, tribal and federal agencies regarding the however his records were never reported to the NICS. public safety value of sharing criminal history and Similarly the Virginia Tech shooter, Seung-Hui Cho, related records with the NICS. As a result of the was diagnosed with severe depression and selective information-sharing commitment between the NICS mutism (an anxiety disorder) during his teenage and numerous local, state, tribal, and federal years; again this information was never reported to agencies, 47,675 dispositions (outcome of a court
the NICS, allowing Cho to legally purchase the case, i.e. ‘guilty’) have been obtained by the NICS in
firearms he used during the Virginia Tech shooting. 2012.
POSSIBLE SOLUTION
Introduce legislation that would require states to submit all records and dispositions regarding mental health information and drug use history to the NICS Index.
WHY DO THIS?
By requiring mental health information and drug use history to be included within the NICS and therefore referenced during the background check process, persons with a history of either would now be barred from purchasing any type of firearm. This would be successful in decreasing firearm violence because unstable people would now no longer have direct access to the purchase of firearms. The shooters responsible for both the Virginia Tech shooting and the Tucson, Arizona shooting would not have been able to legally obtain the firearms that they did.
WHY NOT DO THIS?
Requiring states to submit mental health information would be a direct violation of the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule, which all private and state (individual or group) insurance plans must follow. Material protected under HIPAA’s privacy rule specifically includes demographic information such as past or present, physical or mental health conditions. Any violation of this rule can cause up to $100,000 in fines combined with a one year prison sentence.
7 SUMMARY The Balancing Act of Gun Control How can we maintain our rights AND protect our lives? OPTION ONE
In an attempt to decrease gun violence in the United States, the government could implement an assault weapons ban that would ban all firearms possessing any of the following military-style characteristics: pistol grip, forward grip, second pistol grip, collapsible stock, OPTION TWO folding stock, thumbhole stock, bump stock, barrel shroud, threaded barrel, grenade or rocket launcher, revolving cylinder (shotgun), or bullet button. This The gun show loophole refers to individuals could be effective in decreasing firearm violence that sell firearms at gun shows, and because caused by assault weapons, much like the 1994 these individuals are not ‘engaged in the assault weapons ban. On the flip side, it may only business of selling firearms,’ they are not decrease violence produced by assault weapons and required to conduct background checks or have no significant effect on lowering gun violence as a other processes that a federally licensed whole. dealer is required to do. In an effort to close the gun show loophole, the ATF could create an alternative to the federal firearms license for personal dealers to hold. In collaboration with the ATF, the United States government could require all OPTION THREE dealers at gun shows to hold a federally issued license. This would stop felons, and other The current background check system, the National persons who would not pass a background Instant Criminal Background Check System (NICS) is check, from being able to legally bypass the maintained by the FBI’s Criminal Justice Information background check system. However, this Services Division. The NICS references four data- may impose a financial inconvenience on bases during its background check process known as these personal sellers or be considered an the National Crime Information Center, the Interstate invasion of their personal privacy. Identification index, the National Instant Criminal Background System Index, and the Immigration and Customs Enforcement. In order to decrease gun violence in the United States, legislation could be proposed requiring all mental health and drug use records be submitted to the NICS Index to be referenced during the background check process. Jamie Dick This would insure that persons with a history of drug Aaron Capece use or mental health issues would be barred from purchasing firearms. However, the Health Insurance Portability Act’s (HIPAA) Privacy Rule protects mental health Information, from being shared; therefore mandating that information be submitted to the NICS Index in order to be referenced during a back ground check would be a violation of HIPAA’s privacy rule.
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