U.S.Court of Appeals 5th Circuit. No. 23-30033

700 F.3d 185 (5th Cir. 2012) (“NRA I”), this court upheld those provisions. But that decision, which was criticized at the time, see National Rifle Ass’n, Inc. v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 714 F.3d 334, 341 (5th Cir. 2013) (“NRA II”) (Jones, J., dissenting from denial of rehearing en banc), preceded two recent clarifying Supreme Court opinions on the methodology by which we construe gun regulations under the Second Amendment. We are now compelled to focus intently on the evidence of firearm access and ownership by eighteen-to-twenty-year-olds near and at the founding, and we conclude that (1) NRA I is incompatible with the Bruen and Rahimi decisions of the Supreme Court, and (2) these provisions are inconsistent with the Second Amendment. Accordingly, we REVERSE the district court’s contrary judgment and REMAND for further proceedings consistent with this opinion..

Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:20-CV-1438. 29p.

By Alexandra Punishill

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun violence orchestrated by powerful organized crime networks, success remains elusive. Central to this discourse is Mexico’s legal action against U.S. gun companies, signaling a significant shift in its approach to addressing the root causes of the crisis. However, it is argued that without substantive changes to gun laws in the United States, gun violence in Mexico will continue to have a devastating impact on both sides of the border.

Claremont McKenna College, CMC Senior Theses. 3577. 2024. 66p.

UNITED STATES. PUBLIC HEALTH SERVICE. OFFICE OF THE SURGEON GENERAL

From the document: "A recent nationally representative survey (n=1,271) found that the majority of U.S. adults or their family members (54%) have experienced a firearm-related incident. Among all respondents, 21% have personally been threatened with a firearm, 19% have a family member who was killed by a firearm (including by suicide), 17% have witnessed someone being shot, 4% have shot a firearm in self-defense, and 4% have been injured by a firearm (Figure 2). 'Nearly 6 in 10 U.S. adults say that they worry 'sometimes,' 'almost every day,' or 'every day,' about a loved one being a victim of firearm violence.' Such high levels of exposure to firearm violence for both children and adults give rise to a cycle of trauma and fear within our communities, contributing to the nation's mental health crisis. This Advisory describes the public health crisis of firearm violence in America and describes strategies for firearm injury and violence prevention, with a focus on the health and well-being of children, families, and communities."

United States. Public Health Service. Office of the Surgeon Genera. . 2024. 49p.

By Norah W. Friar, Molly Merrill-Francis, Elizabeth M. Parker, Carlos Siordia, Thomas R. Simon

Secure firearm storage might help reduce access by children and other unauthorized users and the related risk for injury or death. Information about state-specific prevalence of firearm storage practices can be used to develop secure storage messages and programs; however, such information is often unavailable. Data from the Behavioral Risk Factor Surveillance System, by respondent characteristics, were used to estimate prevalence of keeping firearms in or around the home and related storage practices for eight states that administered the firearm safety module in 2021 or 2022. Overall, 18.4% (California) to 50.6% (Alaska) of respondents reported that a firearm was kept in or around their home. Among those with a firearm in or around the home, 19.5% (Minnesota) to 43.8% (North Carolina) reported that a firearm was stored loaded. Across all eight states, approximately one half of those with a loaded firearm stored at least one loaded firearm unlocked. Among respondents with a child and a loaded firearm in the home, 25.2% (Ohio) to 41.4% (Alaska) reported that a loaded firearm was stored unlocked. Variability in firearm storage practices highlights the importance of local data and suggests opportunities to tailor prevention efforts to specific population groups to reduce risk for firearm handling by children without adult supervision, and other unauthorized persons.

Morbidity and Mortality Weekly Report, Vol. 73 / No. 23 , June 13, 2024.

By The U.S. Surgeon General

Since 2020, firearm‑related injury has been the leading cause of death for U.S. children and adolescents (ages 1–19), surpassing motor vehicle crashes, cancer, and drug overdose and poisoning (Figure 1). In 2022, 48,204 total people died from f irearm‑related injuries, including suicides, homicides, and unintentional deaths. This is over 8,000 more lives lost than in 2019 and over 16,000 more lives lost than in 2010 .

Washington, DC: Office of the U.S.Surgeon General, 2024. 40p.

By Glenn L. Pierce; David Lambert; Daniel Trovato; and Peter Gagliardi

This study examines the innovative use of firearms related evidence to enhance violent crime investigations in New Jersey. This effort changed the use of firearms forensic evidence from a sole evidential focus to one that also incorporates a premonitory focus required to generate investigative leads. This project demonstrated the critical importance of fusing firearms forensic evidence such as ballistics imaging with locally available information, such as arrest and incident data on a statewide basis. This study further demonstrated the value of ballistics imaging to connect previously unconnected incidents, individuals, and weapons particularly when combined with other law enforcement data sets. This project demonstrated the critical importance of fusing firearms forensic evidence such as ballistics imaging with locally available information, such as arrest and incident data on a statewide basis. This study further demonstrated the value of ballistics imaging to connect, previously unconnected incidents, individuals, and weapons particularly when combined with other law enforcement data sets. It illustrated the critical need of information sharing across forensic, criminal intelligence (such as fusion and real time crime centers), and investigative entities across all levels of government – local, state, and federal - in supporting violent crime suppression efforts. The study is a mixed methods approach to policy analysis using both quantitative and qualitative analysis. The researchers’ analyzed ballistics imaging submissions over a multi-year period in addition to examining open source and agency documents that tracked many of the crime reduction projects the New Jersey State Police incorporated into their crime gun intelligence effort.

Boston: Northeastern University, 2023. 120p.

By Hillel Y. Levin & Timothy D. Lytton

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute. This Article demonstrates that both state and federal courts have fundamentally misread PLCAA when adjudicating cases involving the scope of gun industry immunity. Properly understood, PLCAA permits lawsuits against the gun industry so long as they are based on statutory causes of action rather than common law. While broadly preempting state common law claims, PLCAA affords state legislatures autonomy in deciding how to regulate the gun industry within their borders.

Additionally, this Article addresses unresolved questions concerning constitutional limits on gun industry regulation. PLCAA explicitly strikes a balance between three constitutional principles. It safeguards the individual right to keep and bear arms by protecting the gun industry from civil litigation that would unduly curtail civilian access to firearms. It insists that the separation of powers requires that gun industry regulation should derive from legislation not common law adjudication. It affords state governments autonomy in deciding how to regulate the gun industry, recognizing that there are regional differences in attitudes about how to best reduce firearms-related violence. We counsel against interpretations of the Second Amendment’s application to gun industry regulation that would expand the right to keep and bear arms at the expense of other important constitutional principles such as the separation of powers and federalism

75 Florida Law Review 833 (2023),

By Avneet Bhullar, Jonathan Shipley, […], and Jeffry Nahmias, , et al,

Background

In January of 2019, Washington State (WA) passed Initiative 1639 making it illegal for persons <21 years-old to buy assault weapons (AWs). This study aimed to evaluate the effects of WA-1639 on firearm-related incidents involving AWs by those <21 years-old in WA, hypothesizing a decrease in incidents after WA-1639.

Methods

Retrospective (2016-2021) data on firearm violence (FV) events were gathered from the Gun Violence Archive. The rate of FV was weighted per 100,000 people. Total monthly incidents, injuries, and deaths were compared pre-law (January 2016-December 2018) vs post-law (January 2019-December 2021) implementation. Mann-Whitney U tests and Poisson’s regression were used for analysis.

Results

From 4091 FV incidents (2210 (54.02%) pre-law vs 1881 (45.98%) post-law), 50 involved AWs pre- (2.3%) and 15 (.8%) post-law. Of these, 11 were committed by subjects <21 years-old pre-law and only one occurred post-law. Total incidents of FV (z = −3.80, P < .001), AW incidents (z = −4.28, P < .001), and AW incidents involving someone <21 years-old (z = −3.01, P < .01) decreased post-law. Additionally, regression analysis demonstrated the incident rate ratio (IRR) of all FV (1.23, 95% CI [1.10-1.38], P < .001), all AW FV incidents (3.42, 95% CI [1.70-6.89], P = .001), and AW incidents by subjects <21 years-old (11.53, 95% CI [1.52-87.26], P = .02) were greater pre-law vs post-law.

Discussion

Following implementation of WA-1639, there was a significant decrease in FV incidents and those involving AWs by individuals <21 years-old. This suggests targeted firearm legislation may help curtail FV. Further studies evaluating FV after legislation implementation in other states is needed to confirm these findings.

The American SurgeonTM. 2024;0(0). doi:10.1177/00031348241244644 (Online First)

By Melissa W. Burek,  & Julia C. Bell

On June 13, 2022, Ohio enacted a permitless carry law (PCL), allowing Ohioans to carry a firearm without a concealed-carry license. The Center for Justice Research was tasked to explore the relationship between permitless carry and crime involving a firearm before and after the enactment of the PCL in the eight largest cities of Ohio. This exploratory study considers crime incidents involving a firearm, validated gunshot detection incidents, and the impact of PCL on law enforcement from June 2021 to June 2023. Major findings, study limitations, and future research recommendations are presented in the full report. In brief, we observed: • Results from a trend analysis indicated a significant decrease in crime incidents involving a firearm for Akron, Columbus, and Toledo, and across all 8 cities combined from June 2021- June 2023. • As displayed in the figure above, most cities’ crime rates decreased after the PCL was enacted. Unlike the other six cities, rates in Dayton and Cincinnati increased slightly, however. • Toledo, Parma, and Akron each experienced an average of 19% decrease in summed rates of crimes involving a firearm post-PCL. • Based on data from June 2021-June 2023, the enactment of the PCL does not appear to have any appreciable effect on law enforcement injuries or deaths by firearm in the cities of interest. • Data on gunshot detection technology for Toledo and Columbus also captured a decrease in validated crime incidents post-PCL by 23.2% and 20.6%, respectively. • Increases in crime rates in the spring-summer months appear both before and after the PCL went into effect for most cities (see Figure 1 in full report), but this observation could be due to the influence of other factors such as time of year or structural population characteristics. This slight acceleration in crimes involving firearms was also temporary

United States, Center for Justice Research. 2023, 22pg