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Posts tagged gun policy
The Undetectable Firearms Act: Issues for Congress

By Jordan B. Cohen

In the 1980s, the production of guns made with polymer (industrial plastic) stoked concerns that firearms were becoming undetectable by metal detectors in places like airports and federal buildings. In response, Congress passed, and President Ronald W. Reagan signed into law, the Undetectable Firearms Act of 1988 (UFA; P.L. 100-649).

The UFA was codified as 18 U.S.C. §922(p) and prohibits owning, purchasing, importing, receiving, and selling firearms that do not include at least 3.7 ounces of stainless steel. The UFA also prohibits handguns where the barrel, slide or cylinder, or the frame or receiver do not generate an image that accurately depicts the shape of the component when under inspection by the type of x-ray machine commonly used at airports.

The UFA included a sunset clause, after which its provisions will be repealed. The UFA’s sunset has been delayed multiple times, most recently through March 22, 2024 (P.L. 118-40).

History of Undetectable Firearms Act

The impetus for the UFA stemmed from fears that polymer-framed firearms could slip past airport metal detectors. For example, the Glock was invented in the 1980s and is a polymer-framed, semi-automatic pistol. Initially designed for the Austrian military, the Glock’s frame weighs much less than traditional steel-framed firearms and the polymer allows it to better absorb recoil than other handguns.

Some observers framed the Glock as a hijacker’s special, referring to the potentiality that it could pass through airport security undetected. Additionally, in 1986 media reports claimed that the Glock, when dismantled, “is frighteningly easy to smuggle past airport security” and that “one Pentagon security expert decided to demonstrate just how easy it would be to sneak a Glock 17 aboard an airliner.” Though not mentioned in these articles, these same metal detectors and their operators were also often not recognizing pistols made exclusively out of metal.

Beyond concerns over polymer guns, some feared that individuals may attempt to board aircrafts or enter federal buildings with nondescript, gadget firearms or firearms that, when broken into component parts, do not look like traditional firearms—such as “a James Bond-like pen gun.”

Washington, DC: Congressional Research Service, 2024. 3p.

Factors associated with police shooting mortality: A focus on race and a plea for more comprehensive data

By Justin Nix and John A. Shjarback

Objectives

To quantify nonfatal injurious police shootings of people and examine the factors associated with victim mortality.

Methods

We gathered victim-level data on fatal and nonfatal injurious police shootings from four states that have such information publicly available: Florida (2009–14), Colorado (2010–19), Texas (2015–19), and California (2016–19). For each state, we examined bivariate associations between mortality and race/ethnicity, gender, age, weapon, and access to trauma care. We also estimated logistic regression models predicting victim mortality in each state.

Results

Forty-five percent of these police shooting victims (N = 1,322) did not die. Black–white disparities were more pronounced in nonfatal injurious police shootings than in fatal police shootings. Overall, Black victims were less likely than white victims to die from their wound(s). Younger victims were less likely to die from their wound(s), as well as those who were unarmed.

Conclusions

Racial and age disparities in police shootings are likely more pronounced than previous estimates suggest.

Policy implications

Other states should strongly consider compiling data like that which is currently being gathered in California. Absent data on nonfatal injurious police shootings–which account for a large share of deadly force incidents–researchers and analysts must be cautious about comparing and/or ranking jurisdictions in terms of their police-involved fatality rates.

PLOS One,  November 10, 2021

Out of Control:  The Trafficking of Improvised Explosive Device Components and Commercial Explosives in West Africa

By David Lochhead, Tidiani Diakité, Roberto Sollazzo, Saikou Sow, Raoul Sumo Tayo, Leonard Tettey

The use of improvised explosive devices (IEDs) in West Africa expanded dramatically between 2014 and 2022. As of 2022, Burkina Faso, Cameroon, Mali, Niger, and Nigeria were heavily affected by these weapons, while Benin, Côte d’Ivoire, and Togo suffered from their use as an emerging threat. IED-building networks have established material and training links across conflict theatres in West and Central Africa, including the Lake Chad Basin, where armed groups have used IEDs extensively. IED designs have remained constant and inexpensive throughout the West Africa region, making them attractive for use in attacks against domestic and international security forces, UN peacekeepers, and civilians. The Small Arms Survey collected data on more than 2,200 IED-related incidents between March 2013 and September 2022, including the type, date, and location of these events. Information on perpetrators, their targets, and more than 6,600 casualties from deaths and injuries was also collected (Small Arms Survey, 2022). The data was collected through research undertaken in Burkina Faso, Cameroon, Côte d’Ivoire, Ghana, Guinea, Mali, and Niger, as well as desk research and remote interviews concerning Benin, Chad, and Nigeria. Where relevant from a comparative perspective, discussion of other regions that have countries with IED incidents or components occurs throughout the Report, such as those in North Africa, Central Africa, East Africa, and the Middle East. Most IED incidents analysed during this study involved IEDs containing explosive components or precursors specifically manufactured for the commercial extractive and construction sectors. Chemical products such as ammonium nitrate (AN), manufactured and supplied for bulk mining explosive emulsions, have entered IED-building networks, and are sourced principally from Ghana and Nigeria. Commercial explosives in bulk, including their precursors and accessories such as electric initiators and detonating cords, are diverted from the legal to illicit markets. This diversion primarily fulfils demand from the largely unregulated artisanal gold mining sector across West and Central Africa. A small subset of this diverted material also provisions IED construction. Captured, stolen, and recovered explosive ordnance—including legacy anti-vehicle mines trafficked from Chad, Libya, and possibly Sudan—also constitutes a source of IED components. Coordinated action among affected, source, and transit states is required to prevent armed groups and criminals from accessing commercial explosive materials and other IED components. Such action can involve: national stocktaking exercises; the development of national and regional counter-IED (C-IED) strategies; monitoring, information-sharing, and coordination mechanisms; regulatory modernization and harmonization;  engagement with artisanal mining associations, the mining and explosives industry, states, and regional trade blocs in pursuit of regulatory reform; and efforts to establish minimum standards for bulk and individual traceability of commercial explosives. Reducing the recovery of explosive ordnance requires renewed programmatic investment in clearing minefields and explosive remnants of war across the Sahe   

Geneva, SWIT:  Small Arms Survey, Graduate Institute of International and Development Studies , 2023.  124p.

A Culmination and a Crossroads: The NRA’s Past and Future in Light of the Events of 2020

By Matthew J. Lacombe

The tumultuous year of 2020 may mark an important turning point in the political development of the National Rifle Association (NRA) and, as a result, the broader gun rights movement. This essay explores how the year’s events — and the role of guns and gun rights supporters in them — were in numerous ways a culmination of the NRA’s approach to politics over the course of several prior decades. This approach involves linking guns to a broader, right-wing populist worldview; mobilizing political action among gun rights supporters by portraying that worldview as deeply threatened by government and media elites; and building alliances with like-minded politicians, most notably Donald Trump. The essay then explores how the aftermath of the events of 2020 leaves the NRA in a difficult position. With Trump (the NRA’s close ally) out of office, some within the GOP looking to move on from his approach to politics following the failed January 6 insurrection, and Democrats more supportive of gun control than at any other point in recent history, the NRA may find itself somewhat politically alienated. Moreover, given its current organizational challenges and its position on the right wing of the GOP, the NRA may also struggle to recruit the many Americans who bought guns for the first time in 2020 — a group that could potentially diversify the gun owning community and renegotiate the sociopolitical meaning of guns in important ways. Only time will tell the NRA’s future, but what is clear now is that the tumultuous events of 2020 can be traced to the organization’s past and will surely impact both its future and the future of the gun debate.

New York: Brennan Center for Justice at New York University School of Law, 2011. 8p.

Reducing Violent Crime: A Dialogue on Handguns and Assault-Style Firearms. Engagement Summary Report

By Public Safety Canada

Public Safety Canada (“Public Safety”) launched an engagement process in October 2018 to help inform policy, regulations and legislation to reduce violent crime involving firearms. Through this engagement, Public Safety sought to engage and hear from a wide range of stakeholders, which included those both in support of and opposed to limiting access to handguns and assault-style firearms. While the engagement was framed by the examination of a potential ban, the discussion explored several potential measures to reduce violent crime. The engagement process included a series of eight in-person roundtables, an online questionnaire, a written submission process, and bilateral meetings with a range of stakeholders. Given the diversity of perspectives on this issue, this report highlights key common themes and ideas shared by participants, as well as unique and divergent views. The goal of this report is to accurately represent “what we heard” on this issue. Overall Key Findings  There are polarized views on a potential ban and limiting access: Overall, participants were strongly polarized on the issue of banning handguns and assault-style firearms. The stakeholder views expressed in two of the engagement channels - the in-person dialogues and written submissions - provided a variety of perspectives both opposed to and in support of a ban. In contrast, most questionnaire respondents (representing a self-selected group of Canadians) were opposed to a ban.  Target crime and focus on enforcement: Many participants felt strongly that a ban would target law-abiding owners, rather than illicit firearms, and would not greatly impact crime reduction (particularly gang violence). As a result, many called for enhanced enforcement capacity for law enforcement and border services, as well as harsher punishments for firearms trafficking and gun-related crime.  Address underlying causes of firearm violence: One point of consensus among the diverse perspectives is the need to address the socioeconomic conditions that can lead to gun violence, which requires more support for community-level programs and initiatives. These factors include poverty, a lack of education or employment opportunities, lack of mental health supports and social exclusion.  Collect and share relevant data on gun crime: There is a need to improve the ongoing collection and sharing of data on gun crime, particularly in terms of sources of illicit firearms and the types of crime being committed. It was expressed that data is critical for supporting law enforcement and border agencies efforts, as well as informing policy and legislation.  Willingness for collaboration with the firearms community/industry: Many stakeholders representing various aspects of the firearms community want the opportunity to be more engaged and to collaborate with the federal government to develop solutions on this issue.  Need a multi-faceted approach: A wide range of approaches and ideas were discussed, which suggests that a multifaceted approach is needed to address this issue – rather than implementing a ban in isolation.

Ottawa: Public Safety Canada, 2023. 34p.

Alcohol Misuse and Gun Violence: An Evidence-Based Approach for State Policy

By Villarreal, Silvia; Barnhorst, Amy; Bonnie, Richard J.; Chavis, Kami N.; Davis, Ari; Frattaroli, Shannon; Roskam, Kelly; Swanson, Jeffrey W.; Horwitz, Joshua.

From the document: "This report summarizes the connection between alcohol and firearm use, reviews existing state laws, and makes a core set of recommendations for addressing the problem at the state level: 1) 'Limiting access to firearms by persons with a record of alcohol misuse'[;] 2) 'Limiting access to guns when and where alcohol is consumed[.]' If these policy recommendations are to be effective, it is also important to address the environment where alcohol is sold and consumed. We therefore consider additional policies known to be effective in reducing excessive alcohol consumption and its related harms. In the last section, the report reviews key legal considerations that can help policymakers successfully implement the policies recommended in the report. The comprehensive approach of this report highlights the often-unexplored link between alcohol and gun violence. It is intended to become an essential resource for researchers, practitioners, policymakers, law enforcement professionals, and others working to reduce gun violence."

Johns Hopkins Bloomberg School Of Public Health; Johns Hopkins Center For Gun Violence Solutions; Consortium For Risk-Based Firearm Policy. 2023. 39p.

Using National Instant Criminal Background Check Data for Gun Policy Analysis A Discussion of Available Data and Their Limitations

by Sierra SmuckerMax GriswoldAmanda CharbonneauRose KerberTerry L. SchellAndrew R. Morral

Among researchers, policymakers, and advocates, momentum is growing to better understand the impact of firearm laws on a variety of outcomes (e.g., suicide, crime, defensive gun use, homicide). There is also a growing interest in data that can shed light on these relationships. One source of these data is the National Instant Criminal Background Check System (NICS). This system includes information used in background checks, the number and type of background checks processed, and details on the number of and reason for denials when NICS finds that an individual is prohibited from purchasing a firearm. In this tool, researchers provide detailed information about data associated with NICS and discuss the data's strengths and weaknesses for various gun policy evaluation objectives. The researchers also outline the substantial limitations to interpreting these data to assist researchers in this field. Finally, they provide these data to researchers to encourage further exploration and evaluation of how NICS data might be used for policy analysis.

Santa Monica, CA: RAND, 2022. 65p.

Pointing Guns

By Joseph Blocher, Samuel W. Buell, Jacob D. Charles, and Darrell A.H. Miller  

The American gun debate is increasingly populated with scenes of people pointing and otherwise displaying guns. What is the legal regime governing gun displays, and how well can it address the distinct social and legal problems they pose? In this Essay, we argue that the current structure of criminal law does not supply clear rules of conduct sufficient to avoid the negative effects of gun displays, and that the rhetorical and expressive effects of Second Amendment debates threaten to make the situation worse. We also suggest how the legal rules might be improved, and how battles over norms—as much as criminal prohibitions and defenses—will continue to shape both social practice and law when it comes to displays of firearms in public and towards other persons.

99 Texas Law Review 1173-1200 (2021)

Promising Approaches for Implementing Extreme Risk Laws: A Guide for Practitioners and Policymakers

By Everytown for Gun Safety and Johns Hopkins Center for Gun Violence Solutions. ( 

Extreme Risk Protection Order (ERPO) laws create an opportunity to intervene and prevent firearm violence when there are warning signs that an individual poses a risk of harm to self or others. While ERPO laws are relatively new, a growing body of research demonstrates the potential for these laws to prevent firearm violence, particularly firearm suicide, and multiple victim/mass shootings. Interest in ERPO laws has increased in recent years, with 16 states having enacted these laws between 2018 and 2023. Implementation varies widely across and within states. As a result of strong ERPO implementation efforts in some jurisdictions, more information is now available for state and local leaders about how to implement and adapt ERPO laws for their own communities. In addition, the Bipartisan Safer Communities Act of 2022 included $750 million in new federal grant funding for states, some of which is designated to support ERPO implementation. To meet this moment, the Everytown for Gun Safety Support Fund and the Johns Hopkins Center for Gun Violence Solutions have partnered to compile this guide of the best available practices and promising approaches to effective implementation of extreme risk laws. These recommendations are informed by conversations with individuals who are pioneering ERPO implementation, in addition to the best practices shared at a December 2022 convening of ERPO leaders from around the country.   

New York; Baltimore: The Authors: 2023. 52p.  

Missing an Opportunity, Non-Traditional Responders and Active Shooter Response

By Nathaniel M. Lesher

With the rising threat of active shooters, armed off-duty and retired law enforcement officers may prove to be an effective tool in American homeland security. Yet, while the number of active shooter and critical incidents in the United States have continued to rise, the number of non-traditional response interventions has remained minimal. Unfortunately, the presence of armed, off-duty law enforcement officers can create other problems, often referred to as blue-on-blue encounters. This thesis examines the questions Can tools such as Hero911 mitigate some of the major risks associated with self-dispatch How can off-duty or plainclothes officers be best incorporated into active shooter response Finally, what processes can make utilization of non-traditional responders safer for all This thesis concludes that over the past 20 years of active shooter responses, first responders have missed an opportunity with respect to the use of non-traditional responders. On- or off-duty non-traditional responders serve as a force multiplier, which widens the pool of available responders. Use of any technology is not without risks, and to avoid more confusion during an active shooter event, training is paramount. Properly used, tools such as Hero911 can reduce the risks involved in non-traditional officer response.

Monterey, CA: Naval Postgraduate School, 2022. 103p.

Purchaser Licensing, Point-of-Sale Background Check Laws, and Firearm Homicide and Suicide in 4 US States, 1985–2017

By Alexander D. McCourt,  Cassandra K. Crifasi, Elizabeth A. Stuart, Jon S. Vernick, Rose M. C.Kagawa, Garen J. Wintemute and Daniel W. Webster

Objectives. To estimate and compare the effects of state background check policies on firearm-related mortality in 4 US states. Methods. Annual data from 1985 to 2017 were used to examine Maryland and Pennsylvania, which implemented point-of-sale comprehensive background check (CBC)laws for handgun purchasers ; Connecticut. which adopted a handgun purchaser licensing law; and Missouri, which repealed a similar law. Using synthetic control methods, we estimated the effects of these laws on homicide and suicide rates stratified by firearm involvement. Results. There was no consistent relationship between CBC laws and mortality rates. There we re-estimated decreases in firearm homicide (27.8%) and firearm suicide (23.2%–40.5%) rates associated with Connecticut’s law. There were estimated increases in firearm homicide (47.3%), non-firearm homicide (18.1%), and firearm suicide (23.5%)rates associated with Missouri’s repeal. Conclusions. Purchaser licensing laws coupled with CBC requirements were consistently associated with lower firearm homicide and suicide rates, but CBC laws alone were not. Public Health Implications. Our results contribute to a body of research showing tha tCBC laws are not associated with reductions in firearm-related deaths unless they are coupled with handgun purchaser licensing laws. 

American  Journal of   Public Health.2020;110:1546–1552. doi:10.2105/AJPH.2020.305822

The Impact of Handgun Purchaser Licensing on Gun Violence

By Cassandra K. Crifasi,  Alexander D. McCourt and Daniel W. Webster

There is a major flaw in federal firearm laws in the U.S. and in most states’ laws; prohibited purchasers can acquire firearms from unlicensed private sellers without subjecting themselves to background checks and record-keeping requirements. Violent criminals and traffickers exploit this weakness with fatal consequences. A logical and popular approach to fixing this flaw is to extend background check requirements and procedures used for transfers by licensed firearm dealers to transfers from private unlicensed sellers. Research shows that these so-called comprehensive background check (CBC) laws curtail the diversion of guns for criminal use, but have not resulted in significant reductions in firearm-related deaths. Fortunately, there is good evidence showing that when states augment CBC laws with mandatory licensing or permitting of handgun purchasers, lives are saved by lower rates of firearm-involved homicides6, and suicides. Why are comprehensive background checks more effective when augmented by handgun purchaser licensing? The most likely reasons center on the more direct interface between prospective purchasers and law enforcement and more robust systems for verifying the identity of applicants and their criminal records. In most states with handgun purchaser licensing, applicants must apply in person at a law enforcement agency and be fingerprinted. In some cases, applicants must also provide proof of completion of certified safety training. These procedures may deter individuals who might otherwise make impulsive decisions to acquire a gun to harm others or themselves, and in fact studies have found that the presence of licensing laws is associated with lower levels of gun homicides and suicides. Further, the licensing requirements may also deter straw purchases (when an eligible person buys a firearm for a prohibited person or for someone who does not want their name attached to the transfer).  

Baltimore, MD: The Johns Hopkins Center for Gun Violence Solutions, 2019. 8p.

The Science of Gun Policy: A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States, Second Edition

By Rosanna Smart, Andrew R. Morral, Sierra Smucker, Samantha Cherney, Terry L. Schell

In this report, part of the RAND Corporation's Gun Policy in America initiative, researchers seek objective information about what the scientific literature reveals about the likely effects of various gun laws. In this second edition of an earlier work, the authors add five gun policies to the 13 examined in the original analysis and expand the study time frame to incorporate a larger body of research. With those adjustments, the authors synthesize the available scientific data on the effects of 18 policies on firearm deaths, violent crime, the gun industry, defensive gun use, and other outcomes. By highlighting where scientific evidence is accumulating, the authors hope to build consensus around a shared set of facts that have been established through a transparent, nonpartisan, and impartial review process. In so doing, they also illuminate areas where more and better information could make important contributions to establishing fair and effective gun policies.

Monterey CA: RAND, 2020. 412p.

Policing Gun Laws: Non-Compliance, Neglect and a Lack of Enforcement Continue to Undermine New Zealand’s Firearms Laws

By Philp Alpers

In New Zealand, 250,000 licensed shooters own an estimated 1.1 million firearms, enough for one in each occupied dwelling and sufficient to outnumber the combined small-arms of the police and armed forces by a ratio of 30 to 1. We own 11 times as many guns per capita as the English and the Welsh, 60% more than the Australians but less than half as many as the residents of the United States. An additional 14,000 guns are imported to New Zealand in a typical year. Any New Zealander with a basic firearms licence may legally buy and keep any number of sporting rifles and shotguns in any home without any official records of the guns being kept anywhere. Police have no statutory authority to monitor the size and content of such a gun owner’s collection. Each day an average of seven firearm offences involving danger to life are reported to the police, while one in five homicides are committed with a firearm. In a typical year 91 New Zealanders are shot to death: one for every four days. Of these, 75% are suicides, 12% accidents, 11% homicides, while in 2% of cases the cause is undetermined. In an average year, 13 children aged 15 or younger die from gunshot wounds. Our gun death toll is 10% higher than the toll from cervical cancer. For every ten New Zealanders who die from HIV/AIDS, fifteen die by gunshot. Gun death is three times more common than death by fire. In addition to gun killings, non-fatal gun injuries result in one New Zealander being hospitalised on average every four days. Of all victims of gun homicide in this country during 1992-94, most (52.5%) were shot by a licensed gun owner. Almost all victims (95%) were killed by a familiar male. Half were shot by their partner, an estranged partner or a member of their own family. Of the perpetrators, 82% had no previous history of violent crime, while none had a history of mental illness.

Wellington, NZ: New Zealand Police Association, 1996. 38p.

Contemporary Issues in Gun Policy: Essays from the RAND Gun Policy in America Project

Edited by Rajeev Ramchand, Jessica Saunders

This report, part of RAND's Gun Policy in America project, presents a collection of essays that synthesize the available scientific data on topics pertinent to firearm policy in the United States. In particular, the authors examine mass shootings, firearm and ammunition taxes, the effects of the 1996 National Firearms Agreement in Australia, whether mental illness is a risk factor for gun violence, and law enforcement approaches to reduce community gun violence.

Santa Monica, CA: RAND Corporation, 2021. 115p.

The Impact of Mass Shootings on Gun Policy

By Michael Luca, Deepak Malhotra. and Christopher Poliquin

There have been dozens of high-profile mass shootings in recent decades. This paper presents three main findings about the impact of mass shootings on gun policy. First, mass shootings evoke large policy responses. A single mass shooting leads to a 15% increase in the number of firearm bills introduced within a state in the year after a mass shooting. This effect increases with the extent of media coverage. Second, mass shootings account for a small portion of all gun deaths, but have an outsized influence relative to other homicides. Third, when looking at bills that were actually enacted into law, the impact of mass shootings depends on the party in power. The annual number of laws that loosen gun restrictions doubles in the year following a mass shooting in states with Republicancontrolled legislatures. We find no significant effect of mass shootings on laws enacted when there is a Democrat-controlled legislature, nor do we find a significant effect of mass shootings on the enactment of laws that tighten gun restrictions.

Boston, MA: Harvard Business School, 2019. 59p.