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Defending Democracy: Addressing the Dangers of Armed Insurrection

By The Educational Fund to Stop Gun Violence'

The Educational Fund to Stop Gun Violence (ESGV) has issued a report with five policy recommendations that states must implement immediately in order to protect democracy in the face of a growing armed insurrectionist movement. The insurrection at the Capitol last January 6th was the loudest expression of a continuing effort by armed insurrectionists to upend government The report offers new insight and analysis and serves as both an examination and a warning that, if left unaddressed, armed insurrectionism will continut to pose a threat to the country. It also examines the significant overlap between insurrectionist activity and White Supremacism and the deadly combination of guns and hate.

Washington, DC: Educational Fund to Stop Gun Violence, 2022. 31P.

A Public Health Crisis Decades in the Making: A Review of 2019 CDC Gun Mortality Data

By The Coalition to Stop Gun Violence

Gun violence is an American public health crisis decades in the making. The latest Centers for Disease Control and Prevention (CDC) data show that 39,707 people, 86% of whom were male, lost their lives to gun violence in 2019. Gun death data are the most reliable type of gun violence data currently available -- but gun deaths are only the tip of the iceberg of gun violence. With this report, it is our mission to share the most accurate and up-to-date data related to gun deaths while we advocate for more and better data related to gun violence in all its forms. Ultimately, we strive to apply these data to create and implement life-saving policies and programs that will end the gun violence epidemic

Washington, DC: Educational Fund to Stop Gun Violence. 2021. 37p.

When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller

Joseph Blocher, Reva B. Siegel

Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete—and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not only to injure but also to intimidate. The government must regulate guns to prevent physical injuries and weapons threats in order to protect public safety and the public sphere on which a constitutional democracy depends.

For centuries the Anglo-American common law has regulated weapons not only to keep members of the polity free from physical harm, but also to enable government to protect their liberties against weapons threats and to preserve public peace and order. We show that this regulatory tradition grounds the understanding of the Second Amendment set forth in District of Columbia v. Heller, where Justice Antonin Scalia specifically invokes it as a basis for reasoning about government’s authority to regulate the right Heller recognized.

Today, a growing number of judges and Justices are ready to expand gun rights beyond Heller’s paradigmatic scene: a law-abiding citizen in his home defending his family from a criminal invader. But expanding gun rights beyond the home and into the public sphere presents questions concerning valued liberties and activities of other law-abiding citizens. Americans are increasingly wielding guns in public spaces, roused by persons they politically oppose or public decisions with which they disagree. This changing paradigm of gun use has been enabled by changes in the law and practice of public carry. As courts consider whether and how to extend constitutional protection to these changed practices of public carry, it is crucial that they adhere to the portions of Justice Scalia’s Heller decision that recognize government’s

“longstanding” interest in regulating weapons in public places.

We show how government’s interest in protecting public safety has evolved with changing forms of constitutional community and of weapons threats. And we show how this more robust understanding of public safety bears on a variety of weapons regulations both inside and outside of courts—in constitutional litigation, in enacting legislation, and in ensuring the evenhanded enforcement of gun laws. Recognizing that government regulates guns to prevent social as well as physical harms is a critical first step in building a constitutional democracy where citizens have equal claims to security and to the exercise of liberties, whether or not they are armed and however they may differ by race, sex, or viewpoint.

116 Northwestern University Law Review 139-201 (2021)

Cities, Preemption, and the Statutory Second Amendment

By Joseph Blocher

Although the Second Amendment tends to dominate the discussion about legal limits on gun regulation, nothing has done more to shape the state of urban gun law than state preemption laws, which fully or partially limit cities’ ability to regulate guns at the local level. The goals of this short Essay are to shed light on this “Statutory Second Amendment” and to provide a basic framework for evaluating it.

89 University of Chicago Law Review 557-580 (2022)

Constitutional Gun Litigation: Beyond the Second Amendment

By Joseph Blocher, FoNoah Levine

Litigation, scholarship, and commentary about gun rights and regulation tend to focus nearly exclusively on the Second Amendment’s right to keep and bear arms—a constitutional guarantee that was for all intents and purposes legally inert until the Supreme Court’s decision in District of Columbia v. Heller. But to fully understand the landscape of gun litigation, it is important also to account for other constitutional gun rights claims—those that do not derive, at least not directly, from the Second Amendment.

In Part I of this short Article, we highlight some of the most prominent of these claims, including those deriving from the Due Process Clause, Takings Clause, and the First Amendment. Our goal in doing so is primarily to describe and illustrate, not to evaluate, though it is worth noting that some of these claims appear much stronger than others—and perhaps stronger than some courts have credited. Moreover, and perhaps surprisingly, some of these constitutional claims sometimes cut against the interests of gun owners (for example by calling into question the constitutionality of “parking lot” laws that require private business owners to permit guns on their property).

In the second Part of the Article, we address two broad and more speculative questions. First, how do these constitutional claims interact with more traditional Second Amendment arguments? Evaluating that question suggests much about how litigants perceive the relative strength and utility of their rights—for example, whether other rights are a more fruitful basis for gun-related claims. And, going forward, the answers will depend greatly on what the Supreme Court decides in the pending case of New York State Rifle & Pistol Association v. Bruen, which involves the question of whether the right to keep and bear arms extends outside the home.

We conclude by asking what this polycentric constitutional understanding of gun rights illustrates about the constitutional rights and interests of others, including those who support gun regulation as a means to preserve not only their own physical safety, but their freedom to engage in free speech, assembly, worship and other constitutionally salient activities.

77 New York University Annual Survey of American Law 175-198 (2022)

rends and Sources of Crime Guns in California: 2010-2021

By Hannah S Laqueur, Christopher McCort, Colette Smirniotis; Sonia Robinson , Garen J Wintemute 3

Firearm-related interpersonal violence is a leading cause of death and injury in cities across the United States, and understanding the movement of firearms from on-the-books sales to criminal end-user is critical to the formulation of gun violence prevention policy. In this study, we assemble a unique dataset that combines records for over 380,000 crime guns recovered by law enforcement in California (2010–2021), and more than 126,000 guns reported stolen, linked to in-state legal handgun transactions (1996–2021), to describe local and statewide crime gun trends and investigate several potentially important sources of guns to criminals, including privately manufactured firearms (PMFs), theft, and “dirty” dealers. We document a dramatic increase over the decade in firearms recovered. shortly after purchase (7% were recovered within a year in 2010, up to 33% in 2021). This corresponds with a substantial rise in handgun purchasing over the decade, suggesting some fraction of newly and legally acquired firearms are likely diverted from the legal market for criminal use. We document the rapid growth of PMFs over the past 2-3 years and find theft plays some, though possibly diminishing, role as a crime gun source. Finally, we find evidence that some retailers contribute disproportionately to the supply of crime guns, though there appear to be fewer problematic dealers now than there were a decade ago. Overall, our study points to temporal shifts in the dynamics of criminal firearms commerce as well as significant city variation in the channels by which criminals acquire crime guns.

J Urban Health (2023). https://doi.org/10.1007/s11524-023-00741-y

U.S, Youth Attitudes on Guns

By The Southern Poverty Law Center (SPLC_

Since 2020, guns have been the leading cause of death in the United States for children and teens. While the proliferation of gun access and gun violence often dominate national, state and local headlines, little has been done to understand the views young people have on these pervasive issues.

To address this gap, Everytown for Gun Safety Support Fund, the Polarization & Extremism Research & Innovation Lab (PERIL) and SPLC came together to study young people’s access to guns, experiences with gun violence, feelings of safety and mental wellbeing, as well as their views on male supremacy, racial resentment and the Second Amendment.

Our U.S. Youth Attitudes on Guns Report provides groundbreaking insights into young people's perceptions, fears and proximity to guns and gun violence. This nationally representative survey of 4,156 Americans aged 14 to 30 and qualitative focus groups lay bare the ubiquity of guns and gun violence in the lives of young Americans.

Montgomery, AL: SPLC, 2023.

Guns and Voting: How to Protect Elections After Bruen

By Sean Morales-Doyle, Robyn Sanders, Allison Anderman, and Jessica Ojeda

Over the last 20 years, several distinct developments have increased the risk of gun violence in American elections.

A marked shift in the US Supreme Court’s approach to the Second Amendment and an aggressive pro-gun movement have caused significant deregulation of guns in some states and cast a shadow of legal uncertainty on strong gun regulations in others. Moreover, as the political system has grown more polarized and prone to violence, politicians have spread disinformation about voting rules to sow distrust in our de

The result: voting and elections have become the targets of threats and intimidation just as the nation faces a proliferation of guns, more frequent gun violence, and fewer legal protections. This is a toxic combination. Still, most states’ laws do not adequately protect voters or the election system.

New York: Brennan Center for Justice at New York University School of Law; San Francisco: Giffords Law Center to Prevent Gun Violence, 2023. 29p.

Motorbikes and Armed Groups in the Sahel: Anatomy of a regional market

By Eleanor Beavor

This report examines how motorbikes are drivers of both stability and instability in the Sahel region of West Africa. Specifically, it examines how variants of motorbike crime contribute to destabilization at a local economic level and in the broader Sahelian conflict. In that regard, the practices of both motorbike theft and motorbike trafficking are examined. The involvement of the Sahel’s armed groups in trafficking is closely explored, and it is argued that motorbike trafficking is critical to the operations and mobility of Jama’at Nasr al-Islam wal Muslimin (JNIM) and Islamic State Sahel (IS Sahel). It is difficult to overstate the importance of motorbikes to the daily life of residents of the Sahel region.1 Motorbikes are an essential means of transport in both urban and rural settings in these three countries, and the lynchpin of many local economies. This is because they represent the cheapest, and often most reliable, means of transport for citizens who cannot or do not want to rely on public transport, or who cannot afford a car. They have very often replaced donkey carts, camels or bicycles as forms of transport, and have become a staple in business and family life in the Sahel.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime , 2023. 37p.

Counter-Terrorism, Ethics and Technology: Emerging Challenges at the Frontiers of Counter-Terrorism

Edited by Adam Henschke, Alastair Reed, Scott Robbins and Seumas Miller

his open access book brings together a range of contributions that seek to explore the ethical issues arising from the overlap between counter-terrorism, ethics, and technologies. Terrorism and our responses pose some of the most significant ethical challenges to states and people. At the same time, we are becoming increasingly aware of the ethical implications of new and emerging technologies. Whether it is the use of remote weapons like drones as part of counter-terrorism strategies, the application of surveillance technologies to monitor and respond to terrorist activities, or counterintelligence agencies use of machine learning to detect suspicious behavior and hacking computers to gain access to encrypted data, technologies play a significant role in modern counter-terrorism. However, each of these technologies carries with them a range of ethical issues and challenges. How we use these technologies and the policies that govern them have broader impact beyond just the identification and response to terrorist activities. As we are seeing with China, the need to respond to domestic terrorism is one of the justifications for their rollout of the “social credit system.” Counter-terrorism technologies can easily succumb to mission creep, where a technology’s exceptional application becomes normalized and rolled out to society more generally. This collection is not just timely but an important contribution to understand the ethics of counter-terrorism and technology and has far wider implications for societies and nations around the world.

Cham: Springer, 2021. 231p.

African Border Disorders: Addressing Transnational Extremist Organizations

Edited By Olivier J. Walther, William F.S. Miles

Since the end of the Cold War, the monopoly of legitimate organized force of many African states has been eroded by a mix of rebel groups, violent extremist organizations, and self-defence militias created in response to the rise in organized violence on the continent. African Border Disorders explores the complex relationships that bind states, transnational rebels and extremist organizations, and borders on the African continent. Combining cutting edge network science with geographical analysis, the first part of the book highlights how the fluid alliances and conflicts between rebels, violent extremist organizations and states shape in large measure regional patterns of violence in Africa. The second part of the book examines the spread of Islamist violence around Lake Chad through the lens of the violent Nigerian Islamist group Boko Haram, which has evolved from a nationally-oriented militia group, to an internationally networked organization. The third part of the book explores how violent extremist organizations conceptualize state boundaries and territory and, reciprocally, how do the civil society and the state respond to the rise of transnational organizations. The book will be essential reading for all students and specialists of African politics and security studies, particularly those specializing on fragile states, sovereignty, new wars, and borders as well as governments and international organizations involved in conflict prevention and early intervention in the region.

London: Routledge, 2018. 230p

The Social Life of Anti-Terrorism Laws: The War on Terror and and the Classifications of the "Dangerous Others"

Edited by Julia M. Eckert

This book addresses two developments in the conceptualisation of citizenship that arise from the »war on terror«, namely the re-culturalisation of membership in a polity and the re-moralisation of access to rights. Taking an anthropological perspective, it traces the ways in which the trans-nationalisation of the »war on terror« has affected notions of »the dangerous other« in different political and social contexts, asking what changes in the ideas of the state and of the nation have been promoted by the emerging culture of security, and how these changes affect practices of citizenship and societal group relations.

\Bielefeld, Transcript Verlag, 2008. 197p.

Trends and Disparities in Firearm Deaths Among Children

By Bailey K. Roberts, Colleen P. Nofi, Emma Cornell, Sandeep Kapoor, MD, MS-HPPL,b,c,d,e Laura Harrison, MPH,c,d Chethan Sathya

BACKGROUND AND OBJECTIVES: In 2020, firearm injuries became the leading cause of death among US abstract children and adolescents. This study aimed to evaluate new 2021 data on US pediatric firearm deaths and disparities to understand trends compared with previous years. METHODS: Centers for Disease Control and Prevention Wide-ranging Online Data for Epidemiologic Research was queried for firearm mortalities in children/adolescents from 2018 to 2021. Absolute mortality, death rates, and characteristics were reported. Death rates were defined per 100 000 persons in that population per year. Death rates across states were illustrated via geographic heat maps, and correlations with state poverty levels were calculated. RESULTS: In 2021, firearms continued to be the leading cause of death among US children. From 2018 to 2021, there was a 41.6% increase in the firearm death rate. In 2021, among children who died by firearms, 84.8% were male, 49.9% were Black, 82.6% were aged 15 to 19 years, and 64.3% died by homicide. Black children accounted for 67.3% of firearm homicides, with a death rate increase of 1.8 from 2020 to 2021. White children accounted for 78.4% of firearm suicides. From 2020 to 2021, the suicide rate increased among Black and white children, yet decreased among American Indian or Alaskan Native children. Geographically, there were worsening clusters of firearm death rates in Southern states and increasing rates in Midwestern states from 2018 to 2021. Across the United States, higher poverty levels correlated with higher firearm death rates (R 5 0.76, P < .001).

Pediatrics, August 21, 2023.

The Thin Blue Line in Schools: New Evidence on school-Based Policing across the U.S.

by Lucy C. Sorensen, Montserrat Avila-Acosta, John Engberg, Shawn D. Bushway

U.S. public school students increasingly attend schools with sworn law enforcement officers present. Yet little is known about how these school resource officers (SROs) affect school environments or student outcomes. Our study uses a fuzzy regression discontinuity (RD) design with national school-level data from 2014 to 2018 to estimate the impacts of SRO placement. We construct this discontinuity based on the application scores for federal school-based policing grants of linked police agencies. We find that SROs effectively reduce some forms of violence in schools, but do not prevent gun-related incidents. We also find that SROs intensify the use of suspension, expulsion, police referral, and arrest of students. These increases in disciplinary and police actions are consistently largest for Black students, male students, and students with disabilities.''

K-12 School Shootings in Context: New Findings from The American School Shooting Study (TASSS)

By Brent R. Klein,

Joshua D. Freilich and

Steven M. Chermak

The American School Shooting Study (TASSS) is an ongoing mixedmethod project funded by the National Institute of Justice to catalog US school shootings. It has amassed data based on open sources and other public materials dating back to 1990. This brief presents new insights from TASSS, diving deeper into the database’s potential to examine the locations, timing, and student involvement of youth-perpetrated gun violence.

Although statistically rare, fatal and nonfatal shootings in the United States at elementary, middle, and secondary schools remain important crime problems with significant public policy implications. Indeed, the impact of such violence exceeds the devastating fatalities and immense sorrow that survivors, families, and communities experience. Even one gunshot fired at a school can subject numerous individuals to the traumas of gun violence.1 Recent polls indicate that school shootings can also sway broader public views on crime, including attitudes toward violence reduction.2 As a result, school shootings have become a focal point of US politics, sparking crucial debates on the most effective strategies for preventing and responding to gun violence, both inside and outside K-12 schools.

Albany, NY: Rockefeller Institute of Government, 2023. 21p.

Mass shootings, fatality thresholds and defining by numbers: Political and social consequences

By Sarah Watson

Mass sho are otingsone example of a focusing event that has particular significance for firearms legislation. Mass shootings shock, disturb and provoke enormous and controversial debate, often causing significant public and media resonance, becoming the subject of intense discussion politically. At times providing an impetus for legislative amendments, often in distinct ways that routine gun violence does not. If certain events highlight the need for reform, policy change becomes more likely. Cases with the lowest number of victims are likely to generate the least amount of attention and are most likely to be missed in data collection, rendering them the least noteworthy, least important in terms of lethality and social and political consequence. Various problems come to the attention of people in and around government, necessitating an understanding of why such problems occupy officials’ attention and appear to be more ‘deserved>

Criminology & Criminal JusticeOnlineFirst, July 19, 2022

Firearms and Lynching

By Michael D. Makowsky and Patrick L. Warren

We assess firearms as a means of Black self-defense in the Jim Crow South. We infer firearm access by race and place by measuring the fraction of suicides committed with a firearm. Corroborating anecdotal accounts and historical claims, state bans on pistols and increases in White law enforcement personnel served as mechanisms to disarm the Black community, while having no comparable effect on White firearms. The interaction of these mechanisms with changing national market prices for firearms provides us with a credible identification strategy for Black firearm access. Rates of Black lynching decreased with greater Black firearm access.

Prepublication paper, 2022. 35p

The Spirit of Gun Laws

By Josh Levine

The firearms debate in the United States often pits public health against freedom. This false dichotomy implies that gun laws, even wise ones, inherently erode individual liberty. Indeed, this appeal to liberty finds fertile ground in the United States, where many Americans intuitively reject any incursion on their freedom. Yet this one-sided conception of liberty is, at best, incomplete: while the government can certainly encroach on our freedom, so too can our fellow citizens.

A historically grounded conception of liberty in the United States includes the sense of security that fosters self-expression without fear of arbitrary constraint. That is, when citizens feel safe, they can properly exercise their will. But this tranquility doesn't exist naturally. To achieve it, the government must exercise a monopoly of force and ensure that citizens do not fear other citizens. Only then can people act and express themselves without fear of reprisal.

Yet when civilians openly wield their guns in public, they impose an arbitrary constraint on others that represses others' ability to exercise their will. Armed goers change the risk calculations for their fellow citizens—often forcing them to avoid areas where guns are present or arm themselves in self-defense. As this Note discusses, each of these options begets a compounding harm to our liberty. And the resulting proliferation of civilian defensive arms in the United States—the modern arms race—does not represent peace, only détente.

By this understanding, open carrying itself subverts liberty, and its regulation upholds it. Although an individual's arms may constitute a productive solution to his own fear, the externalities on others are substantial. The state must prevent these costs to the liberty of others by regulating those wielding firearms in public spaces.

18 Duke Journal of Constitutional Law & Public Policy Sidebar–265 (Arlington, VA: National Policing Institute 2022.

Arms Trafficking

Edited by Gian Ege, Christian Schwarzenegger and Monika Stempkowski

Trafficking in arms and weapons material is, perhaps, one of the most notorious forms of organised crime. Fuelled by both the movie industry as well as real world examples, criminal organisations are widely believed to engage in the trafficking of firearms and weapons material, including nuclear material. This illicit trade is further facilitated by corruption and other forms of collusion with government entities as well as by links between the criminal elements and the arms industry. As part of a joint teaching programme on transnational organised crime, students from the Universities of Queensland, Vienna and Zurich researched the topic of arms trafficking in a year-long course. Some of their academic papers are compiled in this volume, addressing topics ranging from international and national legal frameworks to levels and characteristics of this phenomenon in selected places, and enforcement and industry measures adopted to prevent and suppress this illicit trade.

Berllin: Carl Grossman Verlag, 2022. 300p.

Victims, offenders and victim-offender overlaps of knife crime: A social network analysis approach using police records

By Laura Bailey, Vincent Harinam and Barak Ariel

Knife crime is a source of concern for the police in England and Wales, however little published research exists on this crime type. Who are the offenders who use knives to commit crime, when and why? Who are their victims, and is there a victim-offender overlap? What is the social network formation for people who are exposed to knife crime? Using a multidimensional approach, our aim is to answer these questions about one of England and Wales’ largest jurisdictions: Thames Valley. We first provide a state-of-the-art narrative review of the knife crime literature, followed by an analysis of population-level data on central tendency and dispersion of knife crimes reported to the police (2015–2019), on offences, offenders, victims, victim-offender overlaps and gang-related assaults. Social network analysis was used to explore the formations of offender-victim networks. Our findings show that knife crime represents a small proportion of crime (1.86%) and is associated largely with violence offenses. 16–34 year-old white males are at greatest risk of being the victims, offenders or victim-offenders of knife crime, with similar relative risks between these three categories. Both knife offenders and victims are likely to have a criminal record. Knife crimes are usually not gang-related (less than 20%), and experienced mostly between strangers, with the altercation often a non-retaliatory ‘one-off event’. Even gang-related knife crimes do not follow ‘tit-for-tat’ relationships—except when the individuals involved have extensive offending histories and then are likely to retaliate instantaneously. We conclude that while rare, an incident of knife crime remains predictable, as a substantial ratio of offenders and victims of future knife crime can be found in police records. Prevention strategies should not be focused on gang-related criminals, but on either prolific violent offenders or repeat victims who are known to the police—and therefore more susceptible to knife crime exposure.

PLoS ONE 15(12):2020.