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Why Modeling Gun Regulation After Great Britain, Australia, and Switzerland Will Reduce the Rate of Mass Shootings in America

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Why Modeling Gun Regulation After Great Britain, Australia, and Switzerland Will Reduce the Rate of Mass Shootings in America Mata: Kevlar™ For the Innocent: Why Modeling Gun Regulation after Grea +(,1 2 1/,1( Citation: 45 Cal. W. Int'l L.J. 169 2014 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jun 10 14:25:59 2015 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0886-3210 Published by CWSL Scholarly Commons, 2014 1 California Western International Law Journal, Vol. 45, No. 1 [2014], Art. 5 COMMENT KEVLARTM FOR THE INNOCENT: WHY MODELING GUN REGULATION AFTER GREAT BRITAIN, AUSTRALIA, AND SWITZERLAND WILL REDUCE THE RATE OF MASS SHOOTINGS IN AMERICA TABLE OF CONTENTS I. INTRODUCTION.....................................1 70 II. CURRENT FIREARM AND AMMUNITION POLICIES . ............. 174 A. Assault Weapons Ban and Ammunition Regulation........... 175 1. GreatBritain............................ 175 2. Australia .......................... ..... 177 3. Switzerland ....................... ...... 179 4. Current Problems in the United States absent Assault Weapons Ban and Ammunition Regulation ....180 5. The United States Should Reenact the Ban on Assault Weapons and High Capacity Ammunition Clips as well as Closely Regulate Ammunition ........... 182 B. Weapons Buyback Programs ..........................186 1. Great Britain............................186 2. Australia .......................... ..... 186 3. Problems in the United States absent Buyback Programs .......................... ..... 186 4. The United States Should Enact a Nationwide Buyback Program .................... ..... 187 C. Current Screening, Licensing, and Examination Procedures ................................... 187 1. Great Britain. ...................... ...... 187 2. Australia ............................... 191 3. Switzerland ....................... ...... 193 169 https://scholarlycommons.law.cwsl.edu/cwilj/vol45/iss1/5 2 Mata: Kevlar™ For the Innocent: Why Modeling Gun Regulation after Grea 170 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL [Vol. 45 4. The United States' Problems in the absence of Adequate Licensing and Examination ...... ...... 194 5. The United States Should Require All Prospective Purchasers to Pass a Written and Practical Examination ............................. 195 6. Problems with Background Checks in the United States.................... .............. 196 a. Straw Purchasesand Gun Shows ..... ....... 197 b. HIPAA .......................... ..... 198 7. The United States Should Enact a More Stringent Background Check Policy for Prospective Firearm Purchasers ......................................200 III. CONSERVATIVE OPINION REGARDING FIREARM REGULATIONS IN THE UNITED STATES .................... 201 IV. CONSTITUTIONALITY OF PROPOSALS ...................... 202 A. Bans............. .................. .... 202 1. Assault Weapons................. ........ 203 2. High Capacity Ammunition Magazines and Ammunition Regulation ....................... 205 B. Buyback Programs ..................... ..... 208 C. Background Checks..........................209 D. Examinations. .......................... .... 210 V. CONCLUSION ................................. ....... 211 I. INTRODUCTION On December 14, 2012, Adam Lanza shot and killed twenty first- grade children and six adults at Sandy Hook Elementary in Newton, Connecticut.' Lanza shot his way into the school, armed with ten 30- round ammunition magazines, a semiautomatic Bushmaster .223 caliber XMI5 rifle,2 two handguns, and one shotgun.3 The attack 1. Barak Obama, President of the U.S., Remarks on New Gun Control Actions (Jan. 16, 2013), available at http://www.washingtonpost.com/pb/politics/ president- obamas-remarks-on-new-gun-control-proposals-jan-16-2013- transcript/2013/01/16/528e7758-5ffc-l le2-bO5a-605528f6b712_story.html. 2. A semiautomatic Bushmaster .223 caliber XMI5 rifle is a modified version of the United States military's M-16 semiautomatic assault rifle. Lee Ferran & Shushannah Washe, Newton Massacre: What is a Bushmaster .223, ABC NEWS Published by CWSL Scholarly Commons, 2014 3 California Western International Law Journal, Vol. 45, No. 1 [2014], Art. 5 2014] KEVLARTM FOR THE INNOCENT 171 lasted less than five minutes, and the destruction was inconceivable; Lanza shot an average of one bullet for every two seconds he was in the school.4 During the investigation into this senseless massacre, investigators found 1,600 rounds of unspent ammunition inside the home Lanza shared with his mother Nancy,5 who Lanza also murdered that day. 6 Nancy had legally purchased the firearms Lanza used at Sandy Hook, all of which were kept in a gun locker inside their home.7 After the Sandy Hook massacre, President Obama addressed the nation and said, "We won't be able to stop every violent act, but if there is even one thing that we can do to prevent any of these events, we have a deep obligation ... to try."8 Since the 1999 Columbine High School shooting, there have been over 110 active shooter events ("ASE") in the United States. 9 The Federal Bureau of Investigation defines an ASE as "one or more persons engaged in killing or attempting to kill multiple people in an area occupied by unrelated individuals, one of which must be unrelated to the shooter," with the primary motive being mass murder. 10 While there is not an official definition for the more popular (Dec. 17, 2012), http://abcnews.go.com/Blotter/newtown-massacre-bushmaster- 223/story?id= 18000884. The .223 caliber rounds provide superior fragmentation on impact, which increases the damage inflicted and reduces the chance of the round passing through and striking something other than the target. Id. 3. Susan Candiotti et al., Newton shooting details revealed in newly released documents, CNN (Mar. 29, 2013, 9:53 AM), http://www.cnn.com/2013/03/28/ us/connecticut-shooting-documents. 4. Id. 5. Id. 6. Sandy Hook Shooting: What Happened?, CNN, http://www.cnn.com/ interactive/2012/12/us/sandy-hook-timeline (last visited Apr. 4, 2014). 7. See Candiotti et al., supra note 3. 8. See Now is the Time to do Something About Gun Violence, WHITEHOUSE.GOv, http://www.whitehouse.gov/issues/preventing-gun-violence (last visited Feb. 21, 2014) [hereinafler Now is the Time]. 9. J. Pete Blair et al., Active Shooter Events from 2000 to 2012, FED. BUREAU OF INVESTIGATION (Jan. 7, 2014), http://leb.fbi.gov/2014/january/active-shooter- events-from-2000-to-2012. 10. Id. Mass murder is defined as killing of four or more persons "occurring during the same incident, with no distinctive time period between the murders." LEONARD G. JONES ET AL., FED. BUREAU OF INVESTIGATION, SERIAL MURDER 8 https://scholarlycommons.law.cwsl.edu/cwilj/vol45/iss1/5 4 Mata: Kevlar™ For the Innocent: Why Modeling Gun Regulation after Grea 172 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL [Vol. 45 term of mass shooting, it generally refers to acts of gun violence that include several victims." On average, an ASE lasts twelve minutes; however, thirty-seven percent of ASEs last less than five minutes. 12 From 2000 to 2008, the average rate of ASEs in the United States was one every other month.13 From 2009 to 2013, this number increased to an average of more than one per month.14 Other countries have also experienced mass shootings. In 1987, Great Britain experienced one of its worst when a gunman, armed with a Kalashnikov assault rifle,' 5 an automatic rifle, and a Beretta pistol, killed sixteen people and wounded fourteen others in what is known as the Hungerford massacre.16 In 1996, a shooter in Dunblane, Scotland, armed with four handguns, walked into a primary school and killed sixteen children, ages five and six, and injured twelve more.17 In 2010, a taxi driver in Cumbria, England, armed with a .22 caliber rifle and shotgun, killed twelve people and injured eleven (Robert J. Morton & Mark A. Hilts eds., 2005). This author will use the ASE definition when referring to mass shootings. 11. Defining a Mass Shooting, NATION OF CHANGE, http://www.nationofchange.org/defining-mass-shooting-1345908412 (last visited Apr. 5, 2014). 12. Katherine W. Schweit, Addressing the Problem of the Active Shooter, FED. BUREAU OF INVESTIGATION (May 3, 2013), http://leb.fbi.gov/2013/may/addressing- the-problem-of-the-active-shooter. 13. Blair et al., supra note 9. 14. FED. BUREAU OF INVESTIGATION, U.S. DEP'T OF JUST., A STUDY OF ACTIVE SHOOTER INCIDENTS IN THE UNITED STATES BETWEEN 2000 AND 2013 8 (Sept. 13, 2013), available at http://www.fbi.gov/news/stories/2014/september/fbi- releases-study-on-active-shooter-incidents/pdfs/a-study-of-active-shooter-incidents- in-the-u.s.-between-2000-and-2013. 15. An assault rifle is a short, compact, selective-fire weapon with mild recoil characteristics making it effective as a fully-automatic weapon at ranges of up to 300 meters. Nicholas J. Johnson, Supply Restrictions at the Margins of Heller and the Abortion Analogue: Stenberg Principles,Assault Weapons, and the Attitudinalist Critique,60 HASTINGS L.J. 1285, 1290 (2009). 16. How a Gun Massacre Changed Britain, BBC NEWS (Dec. 7, 2004), http://news.bbc.co.uk/2/hi/uk-news/magazine/4075055.stm. 17. Erland Clouston & Sarah Boseley, From the Archive, 14 March 1996: Sixteen Children Killed in Dunblane Massacre, THE GUARDIAN
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