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REDUCING GUN VIOLENCE in AMERICA Informing Policy with Evidence and Analysis

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REDUCING GUN VIOLENCE in AMERICA Informing Policy with Evidence and Analysis REDUCING GUN VIOLENCE IN AMERICA Informing Policy with Evidence and Analysis Edited by DANIEL W. WEBSTER and JON S. VERNICK Foreword by MICHAEL R. BLOOMBERG Reducing Gun Violence in America This page intentionally left blank Reducing Gun Violence in America Informing Policy with Evidence and Analysis edited by Daniel W. Webster, ScD, MPH, and Jon S. Vernick, JD, MPH Center for Gun Policy and Research Johns Hopkins Bloomberg School of Public Health The Johns Hopkins University Press Baltimore © 2013 The Johns Hopkins University Press All rights reserved. Published 2013 Printed in the United States of America on acid- free paper 9 8 7 6 5 4 3 2 1 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Mary land 21218- 4363 w w w . p r e s s . j h u . e d u Library of Congress Control Number: 2013930408 A cata log record for this book is available from the British Library. ISBN 13: 978-1-4214-1110-1 (pbk. : alk. paper) ISBN 10: 1-4214-1110-5 (pbk. : alk. paper) ISBN 13: 978-1-4214-1111-8 (electronic) ISBN 10: 1-4214-1111-3 (electronic) Special discounts are available for bulk purchases of this book. For more information, please contact Special Sales at 410- 516- 6936 or [email protected]. The Johns Hopkins University Press uses environmentally friendly book materials, including recycled text paper that is composed of at least 30 percent post- consumer waste, whenever possible. To victims of gun violence and to those who work daily to reduce it This page intentionally left blank Contents Foreword xi Michael R. Bloomberg Preface xix Ronald J. Daniels and Michael J. Klag Ac know ledg ments xxi Introduction xxv Daniel W. Webster and Jon S. Vernick Part I: Gun Policy Lessons from the United States: Keeping Guns from High- Risk Individuals 1 Firearms and Violent Death in the United States 3 Matthew Miller, Deborah Azrael, and David Hemenway 2 The Limited Impact of the Brady Act: Evaluation and Implications 21 Philip J. Cook and Jens Ludwig 3 Preventing Gun Violence Involving People with Serious Mental Illness 33 Jeffrey W. Swanson, Allison Gilbert Robertson, Linda K. Frisman, Michael A. Norko, Hsiu- Ju Lin, Marvin S. Swartz, and Philip J. Cook 4 Evidence for Optimism: Policies to Limit Batterers’ Access to Guns 53 April M. Zeoli and Shannon Frattaroli viii Contents 5 Reconsidering the Adequacy of Current Conditions on Legal Firearm Own ership 65 Katherine A. Vittes, Daniel W. Webster, and Jon S. Vernick 6 Broadening Denial Criteria for the Purchase and Possession of Firearms: Need, Feasibility, and Effectiveness 77 Garen J. Wintemute 7 Comprehensive Background Checks for Firearm Sales: Evidence from Gun Shows 95 Garen J. Wintemute 8 Preventing the Diversion of Guns to Criminals through Effective Firearm Sales Laws 109 Daniel W. Webster, Jon S. Vernick, Emma E. McGinty, and Ted Alcorn 9 Spurring Responsible Firearms Sales Practices through Litigation: The Impact of New York City’s Lawsuits against Gun Dealers on Interstate Gun Trafficking 123 Daniel W. Webster and Jon S. Vernick 10 Curtailing Dangerous Sales Practices by Licensed Firearm Dealers: Legal Opportunities and Obstacles 133 Jon S. Vernick and Daniel W. Webster Part II. Making Gun Laws Enforceable 11 Enforcing Federal Laws against Firearms Traffickers: Raising Operational Effectiveness by Lowering Enforcement Obstacles 143 Anthony A. Braga and Peter L. Gagliardi Part III. Gun Policy Lessons from the United States: High- Risk Guns 12 America’s Experience with the Federal Assault Weapons Ban, 1994– 2004: Key Findings and Implications 157 Christopher S. Koper 13 Personalized Guns: Using Technology to Save Lives 173 Stephen P. Teret and Adam D. Mernit Contents ix Part IV. International Case Studies of Responses to Gun Violence 14 Gun Control in Great Britain after the Dunblane Shootings 185 Michael J. North 15 Rational Firearm Regulation: Evidence- based Gun Laws in Australia 195 Rebecca Peters 16 The Big Melt: How One Democracy Changed after Scrapping a Third of Its Firearms 205 Philip Alpers 17 Brazil: Gun Control and Hom i cide Reduction 213 Antonio Rangel Bandeira Part V. Second Amendment 18 The Scope of Regulatory Authority under the Second Amendment 225 Lawrence E. Rosenthal and Adam Winkler Part VI. Public Opinion on Gun Policy 19 Public Opinion on Proposals to Strengthen U.S. Gun Laws: Findings from a 2013 Survey 239 Emma E. McGinty, Daniel W. Webster, Jon S. Vernick, and Colleen L. Barry Consensus Recommendations for Reforms to Federal Gun Policies 259 Biographies of Contributors 263 Index 275 This page intentionally left blank Foreword On December 14, 2012, a deranged young man pulled into the parking lot of the Sandy Hook Elementary School in Newtown, Connecticut, and then shot his way into the building with a high- capacity semi- automatic rifle. The slaughter of 6 adults and 20 children really broke the country’s heart, and for many Americans this is the straw that has broken the camel’s back. Since the Sandy Hook massacre, more than 100 mayors from across the country have joined the bipartisan co ali tion Mayors Against Illegal Guns. The total number of mayors involved is now more than 800. As of January 14, 2013, roughly one million Americans have signed on to the co ali tion’s “I Demand a Plan” campaign against gun violence. Vice President Joe Biden will announce his recommendations for action to President Barack Obama this week. The vice president knows that as horrific as Sandy Hook has been, as have all the other seemingly endless episodes of mass violence, we experience that level of carnage, or worse, every single day across our country, because every day of the year, an average of 33 Americans are murdered with guns. Here’s another way to think about what that means. On January 21, 2013, President Obama took the oath of office for his second term. Unless we take xii Foreword action, during those four years some 48,000 Americans will be killed with guns— nearly twice as many people as were killed in combat during the entire Vietnam War. I have made it clear to the vice president that our bipartisan co ali tion of mayors is supporting seven measures— three that need legislation and four that require only executive action. We’re hopeful that the vice presi- dent and president will support all seven. First and most urgently, we need the president and Congress together to require background checks for all gun sales, including private sales at gun shows and online. These private sales now account for more than 40 percent of all gun sales nationally, which means that in 2012 alone, there were more than six million gun sales that happened with no background checks. Many of those guns are handguns, which are used in about 90 percent of all firearms murders. Across the United States, more than 80 percent of gun own ers, and more than 90 percent of Americans, support requiring background checks for all gun sales. There’s really no debate here. It’s common sense. We have laws on the books that require a background check when dealers sell guns. It’s time for the president and Congress to make that the law of the land for all sales. The forty percent to which the law does not apply means the law is basically a sham. Second, Congress should make gun trafficking a federal crime. In New York City, 85 percent of the weapons that we recover from crime scenes come from out- of- state sources, but federal laws designed to curb illegal sales across borders are incredibly weak. Criminals who traffic in guns get a slap on the wrist. We’ve made New York the safest big city in the nation, in part by adopt- ing tough gun laws and proactively enforcing them. Every state in the Union has citizens killed by guns coming from other another state, and every state is powerless to stop the mayhem. Until Congress gets tough on trafficking, guns will continue flowing to our streets from states with much looser gun laws. The third legislative mea sure that the White House should support is lim- iting the availability of military- style weapons and of high- capacity maga- zines with more than 10 rounds. These guns and equipment are not designed for sport or home defense. They are designed to kill large numbers of people quickly. That’s the only purpose they have. They belong on the battlefield, in the hands of our brave professionally trained soldiers, not on the streets of our cities, suburbs, or rural areas, as retired military leaders like Colin Powell and Stanley McChrystal have said. Many of the weapons in this category were previously banned under the federal assault weapons law that expired in 2004. That law was, incidentally, Foreword xiii first initiated and passed by Vice President Biden. He is the right person to have been appointed by the president to come up with what we should do next. Regulating assault weapons certainly falls within the bounds of the Sec- ond Amendment. So does everything else we’re urging. This is not a constitutional question; it’s a question of po liti cal courage. The U.S. Supreme Court, the entity that defines what the Constitution means, has ruled that reasonable regulations are consistent with the Second Amendment. When the gun lobby raises concerns over protection of the Second Amend- ment, it is nothing but a red herring. And it’s time for Second Amendment defenders in Congress to call them on it. The three mea sures that I’ve discussed— requiring background checks for all gun sales, making gun trafficking a federal crime, and limiting military- style assault weapons and high- capacity magazines— will require leadership from both the president and members of Congress.
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