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 7 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. 2 An Assault Weapon is: Any semiautomac rifle that has Any semiautomac pistol Any semiautomac 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 Buon · 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 paern 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 aachments such as a greater accuracy by not allowing the the gun. flash suppressor or firearm to shi under recoil. sound suppressor. Bullet Buon: A buon 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 operaon in close quarters. Grenade/Rocket Launcher: Aachment 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 mulple 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 vercal posion. Purpose: Allows Revolving Cylinder: for easy access Barrel Shroud: Covers Mulple chambers and control of the the barrel of a firearm that each hold a trigger, magazine single bullet; these Purpose: Prevent the release buon, chambers rotate throughout the shotgun. user from being burned and safety/fire by a hot barrel. Purpose: Allows the user to fire mulple rounds without having to reload. 3 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 4 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.