Take Aim

takeaima visual compendium of the

united states gun control situation

takeaima visual compendium of the

united states gun control situation

table of contents

the state of the union

executive summary

analysis

key terms

the currentlaws

defining the black market

law enforcement

the current debate

the 2nd amendment

timeline

ten-second guns

the top five

assault weapons

police reports

accidental deaths

crime and guns

gun availability

guns at school

percentage of guns

guns and women

police and guns

a look outside

federal law

state law

pa state profile

top ten strange gun laws

the black market

interstate gun trafficking

how they get away with it?

background checks

gun shows

permits for handguns

lost or stolen guns

2

4

7

39

51

61

70

2

ta k e a i m: a c r it i c a l l oo k at g u n c o n t ro l

The issue of gun control

is derived from and

fueled by the high rate

of gun violence in the

United States. The term

“gun violence”, however,

must be analyzed,

before resolving on a

solution to prevent it. Pro Gun Control advocates argue

predominantly outside of the term “violence”, mainly

focusing on anecdotal evidence of “gun availability.” Anti

Gun Control advocates, adversely, focus on the term of

“defense”. Both parties, however, predominantly target

federal law. Unfortunately, gun regulation under federal

law has proven to do little to effect rates of gun violence

in the country. This is due to a high rate of variability

in gun control laws on a state level—resulting, more or

less—in a state-driven firearms black market.

executive summary

3

i n t ro d u c t i o n

As a result of this, the most effective way to

implement gun control lies in attacking two fronts:

the nature of violence, and the state-regulated

availability of guns. Since ‘violence’ is ultimately

broken down into desire, ability, and feasibility,

effective gun control must include attacks on these

incentives, and more importantly, at a local level. The

control of guns is an isolated problem, with factors

changing in each community, and as such is most

effectively enforced on a local level.

4


key terms

The Bureau of Alcohol, Tobacco, Firearms and Explosives.

Time-to-Crime; a measure of the time between a gun’s initial retail sale and its recovery in a crime – and according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, a crime gun with a TTC of less than two years (a “short TTC”) is more likely to have been illegally trafficked.

Term referring to “Federal Firearm Licensees”, refers to guns that were originally sold by licensed gun dealers.

The act of purchasing a gun under the statement that the buyer themselves will possess the gun, while in reality the gun is being passed to secondary owners.

Term referring to “Concealed Carry Permits”; Personal permits that allow citizens to carry concealed weapons. States may grant local law enforcement the right to use discretion in granting CCPs, or default to the issuing of CCPs under federal guidelines.

A violent uprising against an authority or government.

Prohibits possession of a gun by anyone subject to such a restraining order

Violence Policy Center; exposed the many problems generated by insufficient federal and state oversight of federally licensed firearms dealers.

A federal law that requires federally licensed dealers to perform background checks on gun purchasers.

Child Access Protection Laws; Laws that require adults either to store loaded guns in a place where children reasonable cannot get to them or to use a device to lock that gun so children cannot access them.

An ammunition storage and feeding device within or attached to a repeating firearm. Individuals who conduct business out of their homes and offices and do not operate actual gun or sport-goods store.

“Assault weapon” is an invented term. In the firearm lexicon, there is no such thing as an “assault weapon.” The closest relative is the “assault rifle,” which is a machine gun or “se-lect fire” rifle that fires rifle cartridges. In most cases, “assault weapons” are functionally identical to hunting rifles, though cosmetically similar to military guns.

Saturday night special is a cheap handgun of small caliber which can be easily concealed. Numerous arms manufacturers make guns which could be considered saturday night spe-cials. Saturday night specials are very easy to obtain.

atf

ttc

ffl

straw purchasing

ccp

vpc

brady law

magazine

kitchen table

assault weapon

saturday night special

cap

insurrectionary

violent crime control act

5

i n t ro d u c t i o n

common proponent phrases

common opponent phrases

crimekillsafergun at homefamilymurderersprotectionweapon of choicetaxesmilitia purposeeasy availabilitylimitedshould be liablebannedeliminate gunscan’t be trustedthreatenspropagandagun-lobbycourt decision

Amendmentthe rightreduce crimeBrady Lawtarget shootingsafergovernmentenormous responsiblityaverageresistingtimely protectionSaturday night specialweapon of choicebetter for home defenselaw-abiding citizensmilitia purposeself-defenseresponisible for how it’s useddemandno fatalitiesadvertismentsobey the lawcollective rights

the totalitarian states can do great

things, but there is one thing they

cannot do: they cannot give the factory

worker a rifle and tell him to

take it home and keep it in his bedroom.

that rifle,

hanging on the wall of the

working class flat or laborer’s cottage,

is the symbol of democracy.

it is our job to see that it stays there.

g e o rg e o rw e l l

“

7


THE STATE OF THE UNION

chapter 4

8


The main argument of gun control activists centers around the belief that guns are a source of crime and must be banned. They maintain that the only function of a gun is to kill. The more instruments of death can be removed from society, the safer it will be.They also argue that the legal ownership of guns by law abiding citizens inevitably leads to many unnecessary and tragic deaths. Gun control advocates argue that le-gally held guns are stolen and end up in the hands of criminals, who would have greater difficulty in obtaining such weapons if firearms were less prevalent, as well as in the hands of children, leading to tragic accidents and terrible disasters such as the Columbine High School massacre.Supporters of gun control believe that shooting as a sport desensitises people to the lethal nature of all firearms, creating a gun culture that glamorises and legitimises un-necessary gun ownership.In response to the argument of self defense, the gun control community asserts that vigilante killings are in-excusable. Perversely, they propose, the danger of attack by homeowners may make it more likely that criminals will carry their own weapons. If a right to self-defence is granted in this way, many accidental deaths are bound to result. The correlation between the laxity of the country’s gun laws and its suicide rate, advocates argue, is inseparable. In the U.S., a means of quick and effective suicide is eas-ily to hand. Ultimately, they assert that the state should discourage and restrict the ownership of something that wastes so many human lives.

The pro gun community, adversely, states vehementle that prohibition is not the answer, especially not in coun-tries such as the U.S. where gun ownership is such an entrenched aspect of society. Banning guns would not make them disappear or make them any less dangerous. It is a legitimate right of citizens to own weapons with which to protect themselves, their family, and their prop-erty.One of the most powerful arguments of anti gun control advocates is that guns don’t kill people – people kill peo-ple. Restricting gun ownership will do nothing to make society safer as it is the intent of the criminal we should fear, and that will remain the same whatever the gun laws. In the vast majority of crimes involving firearms, the gun used is not legally held or registered. Many of these illegal weapons are imported secretly from abroad, rather than being stolen from registered owners.The gun community defends their right to continue in the leisure of shooting as a sport, on which they have spent large amounts of money – an investment, they argue, the government would effectively be confiscating if their guns were confiscated.Another popular argument lies in self-protection. Many beieve that law-abiding citizens deserve the right to pro-tect their families in their own homes, especially if the police are judged incapable of dealing with the threat of attack. Would-be rapists and armed burglars, they main-tain, ‘will think twice before attempting to break into any house where the owners may keep firearms for self-de-fense.’ The coup d’etat of gun advocates lies in the 2nd Ammen-dement, which states, “A well-regulated Militia, being necessary top the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” They ultimately believe that a country is much more able to defend itself from aggression if its citizens are able to use guns; and, of course, such widespread ownership of weapons is a safeguard against domestic tyranny.

pro gun control anti gun control

9

mitigating the threat of gun violence requires action; the question is what kind. will more or less guns affect the safety and provide for the freedom of the amer-ican people, or is the real issue being missed entirely?

the current debate

10


the 2 nd amendment

“a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

• Established in 1791 by the Founding Fathers. James Madison took credit for drafting the U.S Bill of Rights as we see it today.

• Pennsylvania was considered the first state to adopt to this Amendment.

• 20th century invention made up by anti-gun academics and pressure groups determined to disarm ordinary Americans and thereby grant government individuals a firearm monopoly. “Gun control has never been about the elimination of guns, but about who will control them.”

• The National Rifle Association contributes there spending’s on the idea that the Bill of Rights will promise all individuals a right to own a gun, in which it also gives us the freedom of speech, assembly and religion.

• The NRA supports programs and legislation which keeps guns from criminals, but doesn’t in-fringe on the rights of law-abiding citizens.

• The language and history of the 2nd Amendment shows that its subject matter was not indi-vidual rights, but rather the distribuation of military power in society between the states and the federal government.

• In any event, the amendment’s central purpose is not to justify revolution but to assure that Americans would retain the right of self-defense rather than becoming abjectly dependent on the state to defend them against crime.

11

t h e stat e o f t h e u n i o n

1971

2010

1791Second Amendment

Ratified1822Bliss v. Commonwealth Brings ‘Individual Right’ Into Question

1934National Firearms Act brings

About First Major Gun Control

1968Gun Control Act Ushers

In New Regulations

2004Assault Weapons

Ban Sunsets

2010Gun Owners Score Another

Victory in McDonald v. Chicago

1871NRA Founded

1856Dred Scott v. Sandford

Upholds individual Right

1938Federal Firearms Act Requires License for Dealers

1994Brady Act and Assault Weapons Ban

2008D.C. v. Heller is a Major Setback for Gun Control

12


1971 2011

1791Second Amendment Ratified

1871National Rifle Association Founded

1934National Firearms Act

The first federal law that attempted to screen who purchases automatic firearms

1938Federal Firearms Act

Required all firearms dealers to obtain a FFL and also prohibited limitations on selling ordinary firearms

1968Gun Control Act

Assassination of JFK, consiquently mail order sales of guns were outlawed. Also further restricted shotgun and rifles sales

1972Law Enforcement Officers Protection Act

Bureau of Alcohol Tobacco and Firearms created

1986Firearms Owners Protection Act

1990Crime Control Act

Bans manufacturing and importing semiautomatic assualt weapons in the US

1994Violent Crime Control and Law Enforcement Act

Bans all sales, manufacture, importation, or possession of a number of specific types of assault weapons

1994Brady handgun Violence Prevention Act

Purchases of handguns require 5-day background checks

1998Buyback plan

President Clinton annouces that the instant background chec system had prevented 400,000 illegal gun purchases.

1999Columbine

Two teenagers kills 12 students and teacher at Columbine High School, fuelling a new campaign on gun control

2000Million Mom March

A demonstration for “common sense” gun control laws

2006 Gunman goes on a rampage at an Amish school in PA3 Killed

2007Virginia Tech

33 killed15 injuredSome critical condition

2008The US Supreme Court rules that Americans have a right to own guns for self defense and hunt-ing.

2011Tuscan Shooting

Congress Cliffords Shot.6 Killed12 injured

GUN CONTROL TIMELINE

1971 2011

1791Second Amendment Ratified

1871National Rifle Association Founded

1934National Firearms Act

The first federal law that attempted to screen who purchases automatic firearms

1938Federal Firearms Act

Required all firearms dealers to obtain a FFL and also prohibited limitations on selling ordinary firearms

1968Gun Control Act

Assassination of JFK, consiquently mail order sales of guns were outlawed. Also further restricted shotgun and rifles sales

1972Law Enforcement Officers Protection Act

Bureau of Alcohol Tobacco and Firearms created

1986Firearms Owners Protection Act

1990Crime Control Act

Bans manufacturing and importing semiautomatic assualt weapons in the US

1994Violent Crime Control and Law Enforcement Act

Bans all sales, manufacture, importation, or possession of a number of specific types of assault weapons

1994Brady handgun Violence Prevention Act

Purchases of handguns require 5-day background checks

1998Buyback plan

President Clinton annouces that the instant background chec system had prevented 400,000 illegal gun purchases.

1999Columbine

Two teenagers kills 12 students and teacher at Columbine High School, fuelling a new campaign on gun control

2000Million Mom March

A demonstration for “common sense” gun control laws

2006 Gunman goes on a rampage at an Amish school in PA3 Killed

2007Virginia Tech

33 killed15 injuredSome critical condition

2008The US Supreme Court rules that Americans have a right to own guns for self defense and hunt-ing.

2011Tuscan Shooting

Congress Cliffords Shot.6 Killed12 injured

13


14


The U.S. has 90 guns for every 100 citizens, the highest rate in the world.

There are at least

50,600,000 firearm owning house-holds.

40%of whom own handguns.

15


as the population of the united states rapidly increases, so does the number of firearms. but how many are there, exactly, in ratio to our 300,000,000 u.s. citizens? and what kind are the most popular?

u.s. population as of 2009: 307,006,550

16


A GUN IS MADE EVERY

On any given day, 1 million American civilians are carrying guns. About 2 million more

keep guns in their vehicles. Amongst those 3 million guns, on any given day, only 12%

are believed to be registered. And amongst those unregestiered guns, 450,000 a year

are used to commit a crime.

These guns participate in 67% of the 14 murders, 48 rapes, and 578 robberies

committed daily by paroled prisoners.

17

10 SECONDS

Were purchased at a a retail store or gun shop.

12%

Were purchased at a market or gun show.

2%

Were procured by family, friends, or other illegal sources.

80%

of the 88% of unregistered guns...

12%

88%

of civilian guns are registered.

of all civilian guns are unregistered.

18


THE TOP FIVE

These five firearms consitute the majority of crime guns used in the United States.

smith and wesson .38 revolver

1

19


ruger 9mm

ravens .25semi automatic

2lorcin 380semi automatic3ravens .25semi automatic4

5

Firearms are the instru-ment of 67.1 percent of all muders. 47.32 percent are committed with a handgun, 3.07 percent with a shotgun, and 14.14 percent with any number of unknown firearms. The guns pictured on the left are the top five most oftenly recovered crime guns.What makes these guns so dangerous is that they are statistically preferable for violent misdemean-ants, who in thirty-seven states are allowed to pur-chase handguns barring a domestic violence history.

20


“The beauty of the Second Amendment is that it will not be needed until they try to take it.”

th

om

as jeffe rs o n

21


“The beauty of the Second Amendment is that it will not be needed until they try to take it.”

th

om

as jeffe rs o n

22


23


criminals are as likely to carry single shot handguns as they are to carry “assault weapons.”

ASSAULT WEAPONS

Los Angeles: In 1998, of 538 documented gun

incidents, only one (0.2%) involved an “assault weapon.”

San Francisco: In 1998, only 2.2% of

confiscated weapons were “assault weapons.”

between 1980 and 1994,only 2% of confiscated guns were “assault weapons.”

just under 2% of criminals that commit violent crimes used “assault weapons.”

San Diego: Between 1988 and 1990, only 0.3% of confiscated weapons

were “assault weapons.”

police reports show that “assault weapons” are a non-problem

24


The ban has failed to re-duce the average number of victims per gun murder incident or multiple gun-shot wound victims.

only 8% of criminals use anything that is classified (even incorrectly) as an “assault weapon,” though less than 1% claimed to use these firearms when committing crimes.

In 1994, before the Feder-al “assault weapons ban,” you were eleven time more likely to be beaten to death than to be killed by an “assault weapon.”

1.39% of the models of

firearms in the market

were covered by the ban,

so the ban’s effectiveness

is automatically limited.


25

26


accidental deaths

In 2001, there were only

65 accidental gun deaths

for children under age 13.

About 11 times as many

children die from

drowning.

In 1993, there were

1,334 drownings and 528

firearm-related accidental

deaths from ages 0-19.

Firearms outnumber pools

by a factor of over 30:1.

Thus, the risk of drown-

ing in a pool is nearly 100

times higher than from a

firearm-related accident

for everyone, and nearly

500 times for ages 0-5.

Medical mistakes kill

400,000 people per

year – the equivalent of

almost three fully loaded

Boeing 747 jet crashes

per day – or about 286

times the rate of all ac-

cidental firearm deaths.

This translates into 1 in

6 doctors causing an ac-

cidental death, and 1 in

56,666 gun owners doing

the same.

Around 2,000 patients

each year – six per day

– are accidentally killed

or injured in hospitals by

registered nurses.

Most fatal firearm ac-

cidents involve long guns,

0% 5%

.8%

10% 15% 20% 25% 30% 35% 40% 45%

MV Traffic

Fall

Poisoning

Unspecified

Suffiocation

Fire/Burn

Drowning

Other Transport

Natural/Environment

Other Land Transport

Pedestrian Other

Struck by or Against

Firearm

Machinery

Pedal Cyclist, Other

Cut/pierce

Overexertion

Firearm misuse causes only a small number of accidental deaths in the U.S. For example, compared to accidental death from firearms, you are:

• Four times more likely to burn to death or drown • 17 times more likely to be poisoned • 19 times more likely to fall • And 53 times more likely to die in an automobile accident

which are more deadly.

These are typically hunt-

ing accidents.

Handguns have triggers

that are difficult for small

(child) hands to operate,

and are rarely the cause

of accidents.

27


account of daily gun deaths

Hom

icid

e

Sui

cide

Acc

iden

tal

This chart above shows an estimated account of how many deaths occur a year on average, by firearms in the United States. The bullets are colored by their group either Homicide, Suicide or Accidental and also by age.

One black male 17 or younger was murdered daily.

One white male 17 or younger was murdered, on average, about every 30 hours.

One female 17 or younger died every two days (taking into account all gun causes.

AGE 17 AND YOUNGER

AGE 18-25

AGE 26-39

AGE 40-UP

One woman murdered

Four white menwere suicides

Six black men murdered

Four white men

murdered.

Nearly 6 black men murdered.

Nearly 7 white men were suicides.

One woman was a suicide.

25 white men were suicides

Three white men murdered

Two white woman murdered

28


THE AVAILABILITY

OF GUNS

29


The most significant correlation between the use of guns in the commission of crimes occur when parents (27.5%of inmates) abuse drugs or have friends engaged in illegal activities (32.5% with robberies and 24.3% for drug trafficking).

Five out of six gun-possessing felons obtained handguns from the secondary market and by theft, and “[the] criminal handgun market is overwhelmingly dominated by informal transactions and theft as mechanisms of supply.”

Most violent crime is caused by a small minority of repeat offenders. 75- 80% of murder arrestees have prior arrests for a violent (including non-fatal) felony or burglary.

Half of all murders are committed by people on “conditional release” (i.e., parole or probation).81% of all homicide defendants had an arrest record; 67% had a felony arrest record; 70% had a conviction record; and 54% had a felony conviction.

30


the number of firearms owned by private citizens has been increasing steadily since 1970.

350

300

250

200

150

100

50

14

12

10

8

6

4

2

1970

1972

1974

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

ha

nd

gu

ns p

er 1

,00

0 p

op

ul

at

ion

ho

mic

ids/s

uic

ide

s p

er 1

00

,00

0

Handgun Supply

Homicide rate

Suicide rate

Handgun Homicide Rate

As the chart shows, there is no correlation between

the availability of firearms and the rates of homicide

and suicide in America.

while crime rates have gone up and down depending on economics, drug trafficking innovations, and “get tough” legislation.

ho

mic

ids/s

uic

ide

s p

er 1

00

,00

0

31


gun availability is not the cause for school shootings:

Schoolyard shootings have been occurring since at least 1974, so it is not a new phenomenon due to increases in gun ownership.

More than 50% of these terrorists start thinking about their assaults two or more weeks before the shooting, and 75% planned-out their attacks.

In rural areas, guns are everywhere and children are taught to shoot at young ages – yet these areas are almost devoid of schoolyard shootings.

In rural areas, guns are everywhere and children are taught to shoot at young ages – yet these areas are almost devoid of schoolyard shootings.

32


los angeles county saw repeat offender and re-arrest rates soar after authorities closed jails and released prisoners early. in less than three years, early release of prisoners in la resulted in:

rearrested convicts

assault charges

robbery charges

sex offense charges

murder charges

15,775

518

215

1,443

16

94.4% of gun murders are gang related.


33

93% of guns used in crimes are obtained illegally (i.e., not at gun stores or gun shows).

Only 5% of metropolitan police departments believe gun shows are a problem.

Most crime guns are either bought off the street from illegal sources (39.2%) or through family members or friends (39.6%).

Every day, 550 rapes, 1,100 murders, and 5,200 other violent crimes are prevented just by showing a gun. In less than 0.9% of these instances is the gun ever actually fired.

34


28.5% of women have one or more guns in the house.

41.7% of women either own or have convenient access to guns.

debate: guns are not effective in preventing crime against women.

When a woman was armed with a gun or knife, only 3% of rape attacks are completed, compared to 32% when the woman was unarmed.

The probability of serious injury from an attack is 2.5 times greater for women offering no resistance than for women resisting with guns. Men also benefit from using guns but the benefits are smaller, 1.4 times more likely to re-ceive a serious injury.

Firearm availability appears to be particularly useful in avoiding rape. Australia and the United Kingdom virtual-ly banned handgun ownership. During the same period handgun ownership in the United States steadily rose. Yet the rate of rape decreased in the United States, and skyrocketed in the other countries, as shown in the table.

out of 2,500,000 annual self-defense cases using guns, more than 192,500 (7.7%) are by women defending themselves against sexual abuse.


debate: only police officers should own guns.

“...most criminals are more worried about meeting an armed victim than they are about running into the police.”

of police shootings kill an innocent person

of shootings by citizens kill an innocent person.

Police have trouble keeping their own guns. Hundreds of firearms are miss-ing from the FBI and 449 of them have been involved in crimes.

11%

2%

36


POLICE AND GUNS

94% of law enforcement officials believe that citizens should be able to purchase firearms for self-defense and sporting purposes.

65.8% believe there should be no gun rationing, such as ‘one gun per month’ schemes.

97.9% of officers believe, that through illegal means, criminals are able to obtain any type of firearm.

37


debate: police are our protection. people don’t need guns.

there were about 18,209 murder victims, 497,950 robbery victims, and 96,122 rape victims that the police could not help.

The courts have consistently ruled that the police do not have an obligation to protect individuals. In Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: `... courts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police ser-vices, it assumes a duty only to the public at large and not to individual members of the community.’ Well, except for politicians whom receive taxpayer- financed bodyguards.

There are not enough police to protect everyone. In 1999, there were about 150,000 police officers on duty at any one time.

95% of the time police arrive too late to prevent a crime or arrest the suspect.

In over 90% of U.S. cities, technology does not give police dispatchers the locationof a cellular telephone caller, mak-ing police protection nearly impossible for travelers.

75% of protective/restraining orders are violated and police often won’t enforce them unless they witness the violation.

Despite prompt law enforcement responses, most armed and violent attacks at schools were stopped by means other than law enforcement intervention. Often these interventions were by administrators, teachers, or other students who were licensed to carry firearms.

38


“good people do not need laws to tell them to

act responsibly, while bad people will find a way

around the laws.”

plato

39


THE CURRENT LAWS

chapter 3

40


percent victimization rates of contact crime

Australia

SwitzerlandEngland and Whales

USA

Canada

Japan

4.1

0.43.6 2.1

3.4

1.9

41


A LOOK OUTSIDE.

the u.s. has a high availability rate as well as a high crime rate. but is this correllation also a causation? world statistics say otherwise.

In America, it can be demonstrated that private ownership of guns reduces crime, but from country to country there is no correlation between gun availability and the violent crime rate. Consider this:

On a larger scale, it is possible to contrast the per capita homicide rate with the percapita gun ownership rate between different industrialized nations. Doing so shows zero correlation between the availability of guns and overall homicide rate.

Consider Brazil as an isolated example of this. Brazil has mandatory licensing, registration, and maximum personal ownership quotas. The nation also now bans any new sales to private citizens. Their homicide rate, however, is almost three times high than the U.S.

Canada’s gun policies have demonstrated a similar level of futility in fighting violent crime. Before there was any gun control legislation in the nation, Canada’s homicide rate was 7% of the U.S. rate. By 1986, and after considerable gun control legislation, Canada’s homicide rate rose to 35% of the U.S. rate. And by 2003, Canada’s violent crime rate had doubled that of the U.S., claiming 963 per 100,000 citizens versus 475 in the U.S.

Ultimately, it can proved that federal gun legislation is useless in reducing the rates of violent crime. In fact, many of the countries with the strictest gun laws consistently have the highest rates of violent crime. Australia and England, which have virtually banned gun ownership, have the highest rates of robbery, sexual assault, and assualt with force (all firearms related crimes) of the top 17 industrialized nations.

United States Switzerland

Mexico Japan

Crime Rate

GunAvailability

42


the following classes

of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

1. Those convicted of crimes punishable by imprisonment for over one year

2. Fugitives from justice

3. Unlawful users of certain depressant, narcotic, or stimulant drugs

4. Those adjudicated as mental defectives or incompetents

5. Those committed to any mental institution

6. Illegal aliens

7. Citizens who have renounced their citizenship

8. Those persons dishonorably discharged from the Armed Forces

9. Persons less than 18 years of age for the purchase of a shotgun or rifle.

10. Persons less than 21 years of age for the purchase of a firearm that is

other than a shotgun or rifle.

11. Persons subject to a court order that restrains such persons from

harassing, stalking, or threatening an intimate partner.

12. Persons convicted in any court of a misdemeanor crime of domestic

violence.

13. Persons under indictment for a crime punishable by imprisonment for

more than one year are ineligible to receive, transport, or ship any firearm

or ammunition. Under limited conditions, relief from disability may be

obtained from the U.S. Secretary of the Treasury, or through a pardon,

expungement, restoration of rights, or setting aside of a conviction.

provided that all other laws are complied with, an individual may temporarily borrow or rent a firearm for lawful sporting purposes throughout the united states.

43


FEDERAL LAW

An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual`s state of residence

An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state

Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the fire-arm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state.

Persons who engage in the business of buying or sell-ing firearms must be licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice.

It is illegal to manufacture or sell armor-piercing handgun ammunition.

Federal law prohibits the carrying of any firearm, con-cealed or unconcealed, on or about the person or in carry-on baggage while aboard an aircraft.

44


State Requires Purchase Permits for all Gun Sales

State Requires Purchase Permits for Handgun Sales Only

State Does Not Require Purchase Permitsfor Handgun Sales

45


12 states

have any kind of purchase permit requirement for any gun.

2 states5 states

7states

only...

allow local control of firearms regulations. Two allow limited control, and 43 do not allow any municipal control whatsoever. States that do not allow local gun control export crime guns at a rate more than 4x greater than those that do.

require universal background checks at the time of purchase for all gun sales at gun shows.

38 don’t require the dealers at guns shows to be licensed, and do not require purchase permits.

require lost or stolen guns to be reported to local law enforcement, versus the 43 that do not require any lost or stolen guns to be reported.

state gun laws

46


The Brady Campaign

compiles a list of 13

categories, each with its

own point value, of mea-

sures each state can take,

locally, to curb firearm

tracking and the risk of

gun violence towards local

residents. Of the possible

100 points on the check

list, Pennsylvania only

scored 25.

state profile:pennsylvania

47


Gun Dealer Regulations

Limit on Bulk Purchases

Crime Gun Identification

Report Lost/Stolen Guns

Universal Background Checks

Permit to Purchase

Closed Gun Show Loophole

Ammunitions Regulations

Childproof Handguns

Child Safety Locks

Child Access Prevention

Juvenile Handgun Purchases

Assault Weapons Ban

Large Capacity Magazine Ban

No Guns in the Workplace

No Guns on College Campuses

Not a CCW Shall Issue State

No State Preemption

possible points

points earned

1210103178727652552222

8000100000200002201

total possible points

points earned by pa

109

25

legislation category

48


STATE SPOTLIGHT: TEN STRANGE GUN LAWS

alaska

Residents are allowed to

carry concealed or open

weapons without any sort

of license whatsoever,

and will not be penalized

for carrying the weapon

in any public forum. This

includes schools, govern-

ment buildings, and any

other recreational location.

Several municipalities

have released state-

ments asking residents to

acquire gun licenses out

of courtesy, but to date no

legislation has been intro-

duced to enfore this.

connecticut

Residents who recieve

a permit for a pistol or

handgun – unless they are

proved to be mentally un-

stable – can carry it openly

or concealed. Additionally,

visitors to Connecticut can

apply for a non-resident

permit through the mail,

allowing for a myriad of

fraudulent purchases to

occur.

florida

Florida became a “stand

your ground” state in

2005, meaning that gun

owners can use deadly

force if their home is

broken into or if they are

being attacked, even if

deadly force is not being

used towards them.

Florida also gives permits

to nearly any resident or

visitor over 21, allows the

carrying of these or any

weapons in a car, and pro-

hibits the firing of employ-

ees who bring concealed

weapons to work.

pennsylvania

Except in the state’s “first

class cities” (which in

Pennsylvania’s case sin-

gles out only Philadelphia),

no license is required to

openly carry a firearm.

49


indiana

Barring a criminal record,

residents of Indiana over

the age of 18 can attain

a firearm license withing

90 days of applying. Guns

are allowed in all public

forums, strangely enough,

except for the Indiana

State Fair.

kentucky

Glove compartments are

termed as “sacred” in

Kentucky, meaning no

individual or group can

remove a firearm con-

cealed in a glove compart-

ment (even if it is left it

unlocked).

Also, in the event of a

disaster or emergency the

state is not permitted to

confiscate private citizens’

weapons, but are allowed

to confiscate the weapons

of municipal police forces.

maryland

Any resident with a driv-

er’s license can apply for

a gun permit and, upon

watching a safety video, is

unrestricted from buying

and amount of guns with

no waiting period.

michigan

Anyone over the age of

18 can buy a gun from a

private point of sale, but

possession of tasers is

completely prohibited.

montana

Unlicensed gun owner-

ship, as well as the con-

cealed and car carrying of

any unlicensed weapon is

allowed —but not in bars,

banks, and government

buildings, and only outside

of cities and campsite.

Unfortunately, these

designated areas cover

less than one percent of

populated Montana.

new hampshire

Carrying a concealed

weapon on your person

or in your car requires

a license. The license,

however will only cost ten

dollars and come with a

1-2 week waiting period

for local residents, and

at a twenty dollar fee for

visitors. No liscence is

required, however, for any

other kind of gun owner-

ship—at home, openly, or

otherwise.

50


“The most famous gun

control law is the Brady

Act, passed in 1993,

which requires a criminal

check and waiting

period before a person

can purchase a handgun.

This solution may

have seemed appealing

to politicians, but to

economists it doesn’t

make much sense.

why?

Because regulation

of a legal market

is bound to fail when

a healthy black market

exists for the same

product.”

Steven Levitt & Stephen Dubner, Freakonomics

51


DEFINING THE BLACK

MARKET

chapter 4

52


“black market” firearms are purchased in one state or another with lax gun laws, and then trafficked to outlying states. though a gun may be purchased legally in one state, by virtue of being trafficked to another state or owner it enters the

“black market.”

53


States that rank high in crime gun export usually fall short in ten categories:

01. State criminal penalties for straw purchasing.

02. State criminal penalties for falsifying purchaser information

03. State penalties for failing to conduct dealer background checks.

04. Background checks for all handgun sales at gun shows.

05. Purchase permits for all handgun sales.

06. Local law enforcement discretion to approve or deny concealed

carry permits.

07.Gun possession by violent misdemeanants.

08. Reporting lost or stolen guns to law enforcement.

09. Local control of firearms regulations.

10. State inspection of gun dealers.

The graph above shows the average rate of trafficked crime guns originating from states who enforce these 10 basic laws (represented in yellow) versus those who do not (red).

1 2 3 4 5 6 7 8 9 10

20

9.5

15.6

10.9

12.0

7.5

6.2

9.6

7.1

6.2

4.4

11.5

19.9

18.3

19.8

19.2

19.9

18.7

16.1

18.2

17.2

16

12

8

4

0

14.1National Average

54


top ten interstate crime gun suppliers

top ten interstate export rankings (2009)

1. Georgia

2. Florida

3. Virginia

4. Texas

5. Indiana

6. Ohio

7. Pennsylvania

8. North Carolina

9. California

10. Arizona

1. Mississippi

2. West Virginia

3. Kentucky

4. Alaska

5. Alabama

6. South Carolina

7. Virginia

8. Indiana

9. Nevada

10. Georgia

interstate gun trafficking

55


Total Interstate Crime guns from these states alone.

20,996Three of the top interstate crime gun suppliers rank in the top ten states of total firearm export.

60%

70%

lack at least HALF of all state gun laws proven to prevent illegal trafficking

of top exporting states lack atleast half of all state gun laws proven to prevent illegal trafficking,

40% lack any laws at all.

100% of states on both lists do not require any kind of report on a lost or stolen firearms. States that do not require a report of lost or stolen firearms, by this one law alone, export

over 2xas many crime guns as any state that does.

56


1. Straw Purchasing

2. Falsifying Purchaser

Information

3. Failing to Conduct Dealer

Background Checks

4. Requires Background

Checks for all handgun

sales at gun shows

5. Rewuires purchase

permit for all handgun

purchases

6. Grants local law

enforcement discretion to

deny concealed

carry permits

7. Prohibits gun

possession by violent

misdemeanants

8. Requires reporting lost or stolen guns

9. Allows local control of gun

regulations

10. Requires or allows

dealer inspections

Alabama x x x xAlaskaArizonaArkansas xCalifornia x x x x x x x xColorado x x x xConnecticut x x x x x x x x xDelaware x x x x xDistrict of Columbia x x x x x x x x N/A tFlorida x xGeorgia x xHawaii x x x x x x x x xIdahoIllinois x x x x x N/A x x xIndiana x x xIowa x x x x x x xKansasKentuckyLouisianaMaine xMaryland x x x x x x x xMassachesetts x x x x x x x x xMichigan x x x x x x xMinnesota x x x x xMississippi xMissouri xMontana xNebraska x x x x xNevadaNew Hampshire x xNew Jersey x x x x x x x x x xNew MexicoNew York x x x x x x x x x xNorth Carolina x x x x xNorth Dakota x xOhio xOklahomaOregon x x x x xPennsylvania x x x x xRhode Island x x x x x x xSouth Carolina x xSout DakotaTennessee x xTexasUtah x x xVermont xVirginia x x x xWashington x xWest VirginiaWisconsin x x N/AWyoming x x

57


HOW THEY GET

AWAY WITH IT.

“Black market” traffickers are attracted by the absence of laws such as prohibition of violent misdemeanant purchases, required purchase permits, and local discretion of concealed carry permits.

The chart, pictured left, tracks the major laws in every state that specifically curtail the illegal purchase, export, and licensing of firearms. The states lacking the majority of these laws rank among the top gun exporters.

these are the ten major laws that stop firearms trafficking, and the alarming number of

states that don’t enfore them.

58


“black market” traffickers are attracted by the absence of laws such as prohibition of violent misdemeanant purchases, required purchase permits, and local discretion of concealed carry permits.

The graphs below track this attraction by comparing short “time-to-crime” guns in stricter states to those barring just these three laws.

25%

20%

15%

10%

5%

0%

22.6%National Average

16.8%

24.8%

Prohibit Gun Possession by at Least Some Violent Misdemeanants

Allow Gun Possession by Any Violent Misdemeanant

relationship between time-to-crime and state laws prohibiting gun posession by violent misdemeanants

59


25%

20%

15%

10%

5%

0%

22.6%National Average

16.1%

24.8%

Purchase Permits Required

No Purchase Permit Required

25%

20%

15%

10%

5%

0%

22.6%National Average18.7%

25.1%

Local Law Enforcement Has Discretion to Approve or Deny Concealed Carry Permits

Local Law Enforcement Has No Discretion to Ap-prove or Deny Concealed Carry Permits

relationship between time-to-crime and state laws requiring purchase permits for all handgun sales

relationship between time-to-crime and state laws granting discretion to local law enforcement to deny concealed carry permits

60


”guard with jealous attention the public liberty. suspect everyone who approaches that jewel. unfortunately, nothing will preserve it but downright force. whenever you give up that force, you are inevitably ruined”

patrick henry

61


LAW ENFORCEMENT

chapter 5

62


Law Enforcement a. failing to conduct dealer background checks:

criminal penalties for state law illegal activities:

purchaser who commits a felony by falsely stating on that required paperwork that he or she is that actual buyer of the gun. 9 states and the District of Columbia have enacted parallel laws for local prosecution and incarceration of straw purchasers. EXPORT RATE OF 9.5 CRIME GUNS PER 100,000 INHABITANTS

an individual who provides false information while purchasing a fire-arm commits a felony and can be incarcerated for up to 10 years and fined up to $250,000. 27 states and the District of Columbia have enacted parallel laws for local prosecution and incarceration of buyers who provide false information during a firearm purchase.EXPORT RATE OF 10.9 CRIME GUNS PER 100,000 INHABITANTS

a dealer who knowingly fails to conduct a background check on a gun buyer commits a misdemeanor and can be incarcerated for up to 1 year and fined up to $100,000.

25 states and the District of Columbia have enacted parallel laws for local prosecution and incarceration of gun dealers who violate background check laws.EXPORT RATE OF 12.0 CRIME GUNS PER 100,000 INHABITANTS

"states that have not enacted laws enabling local prosecution and incar-ceration of straw purchasers, buyers who falsify purchaser informa-tion, and gun dealers who violate background check laws export crime guns at a higher rate than states that have enacted such laws, and are the source of a greater proportion of short ttc crime guns."

Straw Purchasing

Falsifying Purchaser Information

Failing to Conduct Dealer Background Checks

63


Graph green.(top) shows the export rate of 4.4 guns per 100,100 inhabitants that allow gun control laws in the U.S, while graph red. shows the export rate of 18.2 crime guns per 100,000 inhabitants that do not allow gun control laws

in the U.S.

Graph.(bottom) Green shows the TTC estimates of crime guns. About 24.3% of guns originate from states which have

a short TTC, and the Red shows 13.6% of guns originating from states that allow local control of firearm

regulations of short TTC.

Do Not Allow Local Control of Gun Laws

Allow Local Controlof Gun Laws

Crime Gun Export Rate per 100,000 Inhabitants 14.1

NationalAverage

18.2

4.4

RELATIONSHIP BETWEEN CRIME GUN EXPORT RATES AND

STATE LAWS ALLOWING LOCAL CONTROL OF FIREARMS REGULATIONS

---------------------------------------------------------------

20

16

12

8

4

0

Do Not Allow LocalControl of Gun Laws

Allow Local Controlof Gun Laws

Proportion of Crime Guns with a Short (Time To Crime) Less Than Two Years Between Original Purchase and Recovery in a Crime)

22.6%NationalAverage

24.3%

13.6%

RELATIONSHIP BETWEEN TIME TO CRIME RATES AND STATE LAWS

ALLOWING LOCAL CONTROL OF FIREARMS REGULATIONS

---------------------------------------------------------------25%

20%

15%

10%

5%

0%

64


" states that do not require purchase permit for all handguns export crime guns at a rate more than three times greater than states that do require purchase permits for all handguns, and are the source of a greater pro-portion of short ttc crime guns."

It is required that background checks be taken when buying guns. Requirements could deny guns to criminals and help regulate the secondary gun market in several ways. Gun buyers are required to visit a law enforcement agency to get permit.

13 states and the District of Columbia require purchase permits for all handgun sales.

c.purchase permit for all handgun sales:

Do Not Allow or ReguireState Inspections

Allow or RequireState Inspections


NationalAverage

17.2

11.5

RELATIONSHIP BETWEEN CRIME GUN EXPORT RATES AND STATE LAWS PERMITTING OF MANDATING DEALER INSPECTIONS

---------------------------------------------------------------

20

16

12

8

4

0

65


" states that do not require gun owners to report lost or stolen guns to police export crime guns at a rate more than two and a half times greater than states that require such reporting, and are the source of a greater proportion of short ttc crime guns."

Over 150,000 firearms were reported lost or stolen in 2008. About 85% were recovered while, tens of thou-sands were never reported. Lost or stolen guns to local law enforcement fights illegal gun trafficking in two ways: one enables police to respond more rapidly to a report that a gun was stolen and possibly returned and second, if a trafficker or straw buyer is identified by a gun tracer and confronted by police requirements would then be taken into consideration.

7 states and the District of Columbia require gun owners to report lost or stolen guns to local law enforcement.

d.lost or stolen guns:

Do Not Require Reporting Lost or Stolen Guns to Law Enforcement

Require Reporting Lost or Stolen Guns to law Enforcement


NationalAverage

16.1

6.2

RELATIONSHIP BETWEEN CRIME GUN EXPORT RATES AND STATE LAWS REQUIRING REPORTING LOST OR STOLEN GUNS TO LAW ENFORCEMENT

---------------------------------------------------------------

20

16

12

8

4

0

66


About 16 states and the District of Columbia have enacted state laws to close the Gun Show Loophole.

b. background checks for handgun sales at gun shows:

Private sellers, that maintain the sell of guns occasionally, do not need to be licensed and need to run background checks as to where they sell a gun. Federal background check laws, also called “Gun Show Loophole”, are associated with gun shows because they are a large and central blackmarket place where purchasers who wish to avoid detection can easily connect with private sellers.

• Universal background checks at the time of purchase.

• Background checks at the time of purchase of all handgun sales.

• Background checks at the time of purchase at gun shows.

• State-issued permit for purchasing guns from sellers plus a background check.

• State-issued permits for the purchase of handguns by private sellers and background checks at the time of purchase.

Approaches required:

67


" states that do not require background checks for all hand gun sales at gun shows export crime guns at a rate more than two and a half greater than states that do, and are the source of a greater proportation of short ttc crime guns."

Do Not Allow Background Checks for All Handgun Sales at Gun Shows.

Require Background Checks for all Handgun Sales at Gun Shows

Proportion of Crime Guns with a Short (Time To Crime) Less Than Two Years Between Original Purchase and Recovery in a Crime)

22.6%NationalAverage

25.1%

17.3%

RELATIONSHIP BETWEEN TIME TO CRIME RATES AND STATE LAWS

REQUIRING BACKGROUND CHECKS FOR ALL HANDGUN SALES AT GUN SHOWS

---------------------------------------------------------------25%

20%

15%

10%

5%

0%

68


the beauty of the second amendment is that

it will not be needed until they try to take it.“”

69


Thomas Jefferson

”

70


As the Founding Fathers of the United States drafted the Constitu-tion, they stated in the Second Amendment that each citizen should have the right to bear arms. Since that time period, the issue of gun control has been fiercely debated by those for and against owning firearms. Those in favor of regulat-ing guns argue that they are are inherently evil and cause nothing but destruction. Those in favor of owning firearms argue that fatalities are kept at a minimum be-cause each citizen is al-lowed to carry weapons. There are innumberable points to each debate, the numbers make a few things clear: The only effective gun control ex-ists on a municipal level,

James Madison

71


analysis targeting criminals on their own territory.Guns are an isolated, objectified problem, and therefore require a simi-lar, object oriented, tan-gible solution. Nebulous laws to nothing to stop the dangerous criminals who operated outside of them to begin with.

The Second Ammend-ment wil always need to be considered in the debate over gun con-trol. There is no argu-ment that the founding fathers intended for every citizen to have the right to bear arms, but a modern lens is required to assess if people can be trusted today as they were then. Should laws be scrutinized and recvised to allow for better control of violent actions? Absolutely, but what price are we willing to pay when the crime rates start rising and citizens no longer own weapons? More impor-tantly, are certain free-doms worth the price of you or a loved one be-coming fatally wounded by a firearm?

The debate over the posession of firearms will continue for many years to come. What is apparent however, is the fact that new laws must be created and enforced to ensure mass gun violence is curtailed. Clearly, current regula-tions are lacking in some respects, and creative measures must be taken to ensure safety for all, just as the Founding Fathers intended.

Take Aim

Documents

crime gun

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