By Saul Cornell

A proper understanding of the founding era concept of police is essential to the future of Second Amendment jurisprudence. District of Columbia v. Heller never addresses the police power and its centrality to early American rights theory or antebellum jurisprudence. The omission is striking because Heller does devote considerable attention to antebellum southern cases addressing the issue of public carry, and this body of law was strongly influenced by police power jurisprudence. A genuinely historical treatment of founding era rights theory — including the right to keep and bear arms — provides scant support for Heller’s dismissal of the right of the people to regulate their internal police in the case of firearms. Nor does the antebellum southern case law that Heller highlights as the key to unlocking the meaning of the Second Amendment support such a claim. Reconstruction did not change these basic facts. If one applies Heller’s professed originalist methodology neutrally, and Justice Scalia is correct that rights are entrenched with the scope that they had when constitutionalized, then the right of the people to regulate their own police, including firearms, must be treated with the same originalist reverence. Judges, including originalist judges, must recognize the awesome power of the people: including the right to regulate arms.

New York: Brennan Center for Justice at New York University School of Law, 2021. 17p.

By Anthony Louis D’Agostino, Mindy Hu, Naihobe Gonzalez, Natalie Larkin, and Michela Garber

Oakland Unite aims to interrupt and prevent violence by administering grants through a diverse set of strategies, which includes shooting and homicide response. Each year, this strategy provides $1.4 million in grants to community-based organizations that in turn offer services to hundreds of individuals. Grantees support two groups affected by gun violence: (1) those who have been the victim of gun violence or serious assault, and (2), those who have lost a loved one to gun violence. Grantees aim to address the immediate needs of shooting victims and their families; provide longer-term supports as the victims recover from injury or loss; and prevent retaliatory violence. Oakland Unite convenes and coordinates the network of providers and serves as the liaison between the network and law enforcement. The Oakland Unite 2019–2020 strategy evaluation report provides an in-depth analysis of the implementation of the four shooting and homicide response programs (summarized below), and the outcomes of participants over the 2016–2019 period. The evaluation’s findings suggest that shooting and homicide response offers needed supports to victims of violence and contributes to reducing re-injury and retaliation following a violent incident. As a single shooting injury can cost the city more than $1 million, the investment in these services has the potential to save the city considerable spending in the long run.

Oakland, CA: Mathematica, 2020. 109p.

By Anthony A. Braga, Philip J. Cook, and Stephen Douglas

The police have the unique capacity to preempt and deter violence and to reduce the use of firearms in violent encounters. But overly aggressive policing tactics have contributed to a fraught relationship with low-income minority communities in which gun violence is heavily concentrated. Increased resources should be devoted to policing gun violence, but efforts of this sort must be targeted and disciplined. Effective policing requires a focus on the places and people that are at greatest risk; and there is a strong case for police agencies to increase the resources devoted to investigations of all criminal shootings, not just homicides. Successful policing of gun violence requires a productive working relationship with victims and their neighbors, which can be facilitated through observing community policing principles and respect for residents’ interests.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 158-180.

By U.S. Department of Homeland Security

An Active Shooter is an individual actively engaged in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms(s) and there is no pattern or method to their selection of victims. Active shooter situations are unpredictable and evolve quickly. Typically, the immediate deployment of law enforcement is required to stop the shooting and mitigate harm to victims. Because active shooter situations are often over within 10 to 15 minutes, before law enforcement arrives on the scene, individuals must be prepared both mentally and physically to deal with an active shooter situation.

Washington, DC: US Department of Homeland Security, 2008 13p.

By London Assembly, Police and Crime Committee

Taser is the brand name of the ‘conductive energy device’ used by police forces in England and Wales. Taser is a laser‐sighted, single shot weapon designed to incapacitate a subject through the use of an electrical current, which temporarily interferes with the body’s neuromuscular system. Taser is classed as a restricted firearm under Section 5 of the 1968 Firearms Act. Taser is one of a range of ‘less lethal’ weapons which have been approved by the Home Office. Under United Nations, European Union and national law, the Home Office is responsible for maintaining a range of weapons which allow officers to deploy the least amount of violence necessary to resolve a given situation. In England and Wales, Taser is part of a series of potential interventions which vary from verbal negotiation to CS spray, baton charges and traditional firearms in dealing with potentially disruptive or violent suspects. The term ‘less lethal’ is used as an acknowledgement that any weapon can be lethal if used incorrectly. The Home Office first authorised the use of Taser by the Metropolitan Police Service (MPS) in 2003, and then allowed forces to expand its use in 2008. Taser is now used by two types of officer: • Those who had undergone firearms training; and • Additional officers who had been designated members of Specially Trained Units by the Chief Officer in their area.1 The majority of Taser guns are used by specialist firearms officers and officers within the Territorial Support Group.

London: Greater London Authority, 2013. 31p.

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.