JFPP18.indb 1 8/21/2006 2:26:23 PM JFPP18.indb 2 8/21/2006 2:26:25 PM Journal on Firearms and Public Policy VOLUME 18 The Journal on Firearms and Public Policy is the official publication of the Center for the Study of Firearms and Public Policy of the Second Amendment Foundation. Editor Publisher David B. Kopel, J.D. Julianne Versnel Gottlieb Independence Institute Women & Guns Magazine Intern Andrew Michael Gottlieb Second Amendment Foundation Board of Advisors Randy E. Barnett, J.D. Edward F. Leddy, Ph.D. David Bordua, Ph.D. Andrew McClurg, J.D. Sue Whimmershoff-Caplan, J.D. Glenn Harlan Reynolds, J.D. Brendan Furnish, Ph.D. Joseph P. Tartaro Alan M. Gottlieb William Tonso, Ph.D. Don B. Kates, Jr., J.D. Eugene Volokh, J.D. Gary Kleck, Ph.D. James K. Whisker, Ph.D. The Second Amendment Foundation sponsors this journal to encourage objective research. The Foundation invites submission of research papers of scholarly quality from a variety of disciplines, regardless of whether their conclusions support the Foundation’s positions on controversial issues. Manuscripts should be sent in duplicate to: Center for the Study on Firearms and Public Policy, a division of the Second Amendment Foundation, 12500 N.E. Tenth Place, Bellevue, Washington 98005 or sent via email to [email protected]. JFPP18.indb 3 8/21/2006 2:26:25 PM This publication is copyrighted ©2006 by the Second Amendment Foundation. All rights reserved. No part of this publication may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems without written permission except in the case of brief quotations embodied in critical articles and reviews. The Second Amendment Foundation is a non-profit educational foundation dedicated to promoting a better understanding of our Constitutional heritage to privately own and possess firearms. For more information about Foundation activities, write to: Second Amendment Foundation, James Madison Building; 12500 N.E. Tenth Place; Bellevue, Washington 98005. Telephone number is (425) 454-7012. Additional copies of this publication may be ordered for $10.00 each. Please see www.saf.org for more research materials. This publication is distributed to academia and the book trade by Merril Press, P.O. Box 1682, Bellevue, Washington 98009. JFPP18.indb 4 8/21/2006 2:26:25 PM Journal on Firearms & Public Policy Volume 18 Fall 2006 Small Arms Control and the United Nations Kate Buchanan et al. 9 Post Modernism and the Model Penal Code v. The Fourth, Fifth, and Fourteenth Amendments—and the Castle Privacy Doctrine in the Twenty-First Century David I. Caplan and Sue Wimmershoff-Caplan 41 The Consumer Federation of America’s Case for Gun Safety Regulations Howard Nemerov 169 The Firearms Safety and Consumer Protection Act Dennis B. Wilson 206 JFPP18.indb 5 8/21/2006 2:26:26 PM JFPP18.indb 6 8/21/2006 2:26:26 PM JFPP18.indb 7 8/21/2006 2:26:26 PM JFPP18.indb 8 8/21/2006 2:26:26 PM Small Arms Control and the United Nations By Cate Buchanan et al. In the international campaign for gun control, one of the most respected and influential organizations is the Centre for Humanitarian Dialogue, a founda- tion in Geneva, Switzerland, which works on a wide variety of disarmament and peace issues. This article presents an edited version of two chapters from the CHD’s monograph Missing Pieces: Directions for reducing gun vio- lence through the UN process of small arms control. The first part of this article addresses national regulation of small arms, while the second part examines issues of gender regarding small arms misuse and control. The full monograph is available at the CHD’s website, www.hdcentre.org. The co-authors of this article are Cate Buchanan, Centre for Humanitar- ian Dialogue; Wendy Cukier, SAFER-Net Canada; Adele Kirsten, Institute for Security Studies; Emile LeBrun, consultant; Lora Lumpe, Amnesty Inter- national USA; Michael Flood, Australian Research Centre in Sex, Health and Society, La Trobe University; and Jessica Galeria, Viva Rio. Keywords: Small arms control, United Nations, gun violence, gender roles. The majority of the global stockpile of small arms and light weapons is in the hands of private individuals.1 As these guns are routinely misused, or stolen or otherwise leaked into the illicit trade, it is imperative that gun ownership by ordinary citizens be adequately regulated and limited at the national level (referred to here as “civil- ian possession laws” or “national arms control”). In the last decade, several countries—including Australia, Brazil, Cambodia, Canada, Sierra Leone, South Africa, and the UK—have undertaken significant reforms to regulate and limit gun ownership by citizens. The prime minister of Thailand has put forward a pro- posal to make the country gun-free in five to six years,2 and many other governments—including those of Argentina, Belgium, Benin, Botswana, Burkina Faso, El Salvador, Guatemala, Jamaica, Jordan, the Occupied Palestinian Territories, the Philippines, and Uruguay— are currently in the process of strengthening laws and policies. - 9- JFPP18.indb 9 8/21/2006 2:26:26 PM JOURNAL ON FIREARMS & PUBLIC POLICY VOLUME EIGHTEEN Such reform is propelled mainly by local realities: massacres with small arms that provoked widespread public outrage in Australia, Canada, and the UK; alarming levels of random and/or organised armed violence in Brazil and Thailand; and post-war or democratic transitional processes in Cambodia, Sierra Leone, and South Africa. These efforts have also been informed and reinforced by work at the international and regional levels, which increasingly has implied or explicitly called for more careful regulation of civilian ownership of small arms and light weapons. The discrepancy between progress at the national level and debates on this issue in the UN process on small arms is significant. The July 2003 First Biennial Meeting of States to Consider the Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in July 2003 (BMS 2003) threw this in to strong relief,3 with 69 out of 103 governments (67 per cent) voluntarily highlighting civilian possession policies in their national reports and statements.4 Several factors contributed to this relatively high level of focus on the issue. Firstly, many governments recognise a connection between armed violence and the uncontrolled, or loosely controlled, trade in and possession of small arms.5 There is also growing awareness that most of the problems posed by weapons availability and misuse are ‘civilian’—that is, most guns are owned by civilians, and most victims of gun violence are civilians. Finally, there remains widespread acknowledgement amongst governments that civilian- held firearms are an important contributor to the illicit trade in and misuse of weapons through theft, careless storage, and deliberate private sale.6 The first part of this Article highlights the human security issues and analyses the types of measures that countries are incorporating into their national legislation in order to combat gun violence, gun trafficking, or instability. It tracks the trend around the world toward greater restriction on civilian gun possession and identifies best principles for effective national regulation. HUMAN (IN)SECURITY: CIVILIANS AND GUN VIOLENCE The Small Arms Survey estimates that 60 per cent of the global - 10- JFPP18.indb 10 8/21/2006 2:26:26 PM CHD MISSING PIECES stockpile of 640 million guns are in civilian hands—including those of farmers, sporting shooters, criminal gangs, armed insurgents, collectors, private security guards, and private citizens of all ages.7 The role of civilian-used guns to undermine human security is well documented. • Civilians are the principal victims of gun violence, with an estimated 200,000–270,000 people losing their lives to gun homicide or suicide in countries “at peace” each year—about twice as many than die directly in situations of war.8 • Worldwide, there are four gun homicides for every gun suicide. In North America and Europe, however, gun suicide rates surpass those of firearm homicides.9 • Injury, rape, robbery, and kidnapping committed with guns affect countless civilians around the world annually.10 Arming can escalate violence, which fuels fear, which can in turn lead to further arming. • The majority of users and abusers of guns globally are men.11 They are also the primary victims of gun violence, particularly males between the ages of 14 and 44 years.12 • While women account for a substantial proportion of victims (especially of intimate partner violence), they account for a relatively small percentage of users.13 • Guns often fall into the hands of young people, contributing to suicides, interpersonal violence, and accidental deaths.14 This is particularly concerning as the World Health Organisation (WHO) reports an “alarming increase” in suicide among young people aged 15 to 25 years worldwide.15 Some nations have high levels of civilian weapons possession and alarming rates of gun violence. For example, the public in South Africa owns six times as many guns as the police and military.16 In Brazil, while the number of legally registered firearms (including those privately held by military and police personnel) is estimated at about seven million, the actual number of guns in private hands is - 11- JFPP18.indb 11 8/21/2006 2:26:26 PM JOURNAL ON FIREARMS & PUBLIC POLICY VOLUME EIGHTEEN believed to be closer to 15.6 million.17 These countries have among the highest firearms homicide rates in the world. A USEFUL FRAMEWORK: THE PUBLIC HEALTH AppROACH A key aim of exercising greater control over civilian possession is to reduce the risks associated with small arms misuse and to prevent death and injury.