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WEAPONS

WEAPONS-TRAFFICKING-CRIME-MASS SHOOTINGS

Spatial co-occurrence of firearm homicides and opioid overdose deaths in Chicago by level of COVID-19 mortality, 2017–2021

By Suzanne G. McLone, John R. Pamplin II, Jaii D. Pappu, Jaimie L. Gradus1 and Jonathan S. Jay

Background Firearm homicide and opioid overdoses were already leading causes of death in the U.S. before both problems surged during the COVID-19 pandemic. Firearm violence, overdoses, and COVID-19 have all disproportionately harmed communities that are socially and economically marginalized, but the co-occurrence of these problems in the same communities has received little attention. To describe the co-occurrence of firearm homicides and opioid overdose deaths with COVID-19 mortality we used 2017–2021 medical examiner’s data from Chicago, IL. Deaths were assigned to zip codes based on descendants' residence. We stratified zip codes into quartiles by COVID-19 mortality rate, then compared firearm homicide and fatal opioid overdose rates by COVID-19 quartile. Findings Throughout the study period, firearm homicide and opioid overdose rates were highest in the highest COVID-19 mortality quartile and lowest in the lowest COVID-19 mortality quartile. Increases in firearm homicide and opioid overdose were observed across all COVID-19 mortality quartiles. Conclusions High co-occurrence of these deaths at the community level call for addressing the systemic forces that made them most vulnerable before the pandemic. Such strategies should consider the environments where people reside, not only where fatal injuries occur. 

Injury Epidemiology 11:34: 2024.

Voluntary, temporary, out-of-home firearm storage: A qualitative study of stakeholder view

By Marian E Betz , Lauren A Rooney , Leslie M Barnard , Bonnie J Siry-Bove , Sara Brandspigel , Megan McCarthy , Kate Simeon , Lauren Meador , Frederick P Rivara , Ali Rowhani-Rahbar , Christopher E Knoepke

Background: Reducing firearm access during times of risk is a key component of suicide prevention, including the person at risk voluntarily, temporarily storing firearms outside the home. However, this approach relies on the participation of storage providers (ranges/retailers and law enforcement agencies (LEAs)). Our objective was to describe stakeholders' views and experiences surrounding voluntary, temporary out-of-home firearm storage for suicide prevention.

Method: We conducted individual interviews with (1) firearm ranges/retailers; (2) LEAs (in Colorado or Washington State); and (3) state/national organizations involved in policy development or enactment; public health; or firearm rights. Transcripts were analyzed using a team-based mixed inductive-deductive approach.

Results: Across 100 interviews (October-May 2021), potential storage providers were supportive of voluntary storage programs, often reporting a desire to help their customers and community. However, potential storage suppliers cited civil liability, regulatory, and legal concerns associated with storing and/or returning firearms (to people who had previously expressed suicide risk). Stakeholders offered suggested strategies meant to address liability and increase storage accessibility.

Conclusions: Understanding stakeholder views supports the development of acceptable, feasible programs for out-of-home firearm storage during times of suicide risk. Clarification of existing regulations or the creation of new policies is necessary to address potential providers' concerns.

Suicide and Life-Threatening BehaviorVolume 52, Issue 4Aug 2022Pages597-831

Defensive Gun Use: What can we learn from news reports?

By David HemenwayChloe ShawahElizabeth Lites 

Background: In the past decade, most people who buy and own guns are doing so for self-defense. Yet little is known about actual defensive gun use in the USA.

Methods: To discover what information newspaper articles and local news reports might add, we read the news reports of defensive use incidents assembled by the Gun Violence Archive. We examined a sample of more than a quarter of the incidents from 2019, the last year before the pandemic. We examined all cases from four months-January, April, July, and October. We created a typology of defensive gun use incidents.

Results: Of 418 incidents, in about half, the perpetrator was armed with a firearm. In almost 90% of the cases, the victim fired their firearm-315 perpetrators were shot, and about half of them died. The average number of perpetrators shot per incident was 0.75; the average number of victims shot was 0.25. We estimate that in 2019 fewer than 600 potential perpetrators were killed in defensive gun use incidents that made the news. Among the thirteen categories of shooting were drug-related (4% of incidents), gang-like combat (6%), romantic partner disputes (11%), escalating arguments (13%), store robberies (9%), street robberies (5%), unoccupied vehicle theft (5%), unarmed burglaries (7%), home invasions (20%), and miscellaneous (6%).

Conclusion: We believe the Gun Violence Archive dataset includes the large majority of news reports of defensive gun use especially those in which the perpetrator is shot and dies. Some of the strengths of using news reports as a data source are that we can be certain that the incident occurred, and the reports provide us with a story behind the incident, one usually vetted in part by the police with occasional input from the victims, perpetrator, family, witnesses, or neighbors. Defensive gun use situations are quite diverse, and among the various categories of defensive gun use, a higher percentage of incidents in some of the categories seemed far less likely to be socially beneficial (e.g., drug-related, gang-like, escalating arguments) than in others (e.g., home invasions).

Injury Epidemiology  9:19, 2022.

Firearm Suicide Among Veterans of the U.S. Military: A Systematic Review 

By Jason Theis,  Katherine Hoops, Marisa Booty,  Paul Nestadt, Cassandra Crifasi

Introduction: In the United States, firearm suicide represents a major cause of preventable, premature death among veterans. The purpose of this systematic review was to characterize the body of literature on veteran firearm suicide and identify areas for future research, which may facilitate the development of firearm suicide interventions in Veterans Health Administration (VHA) and non–Veterans Health Administration clinical settings.

Materials and Methods: All randomized controlled trials, quasi-experimental, naturalistic, observational, and case study designs published between January 1, 1990, and February 21, 2019, were included in our review. Following title and abstract review, 65 papers were included in our full-text review and 37 studies were included in our analysis. We based our approach on a modification of the Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines. Studies were grouped into broad, non-mutually exclusive categories: (1) heterogeneity of datasets and veteran status determination for inclusion, (2) service histories, (3) firearm ownership, storage, behaviors, and risk perceptions, (4) patient and clinician attitudes toward firearm restriction interventions, (5) firearm suicide risk factors by study population, and (6) assessments of clinical firearm interventions.

Results: This body of literature consists predominately of cross-sectional studies with mixed definitions and validation of veteran status, which revealed a high concordance of increased risk of firearm suicide compared with nonveterans. Veterans have higher rates of firearm ownership than the general population, primarily citing personal protection as the reason for gun ownership. Veterans often exhibit risky firearm usage and storage behaviors but tend to favor measures that limit access to firearms by at-risk individuals. Despite this, there remains persistent hesitation among clinicians to screen and counsel veterans on firearm safety.

Conclusions: This systematic review highlights an urgent need to produce higher quality evidence and new data with standard definitions that are critical to inform clinical practice and enhance public health measures to reduce firearm suicide among veterans

Military Medicine, Volume 186, Issue 5-6, May-June 2021, Pages e525–e536,

Those Who Serve: Addressing Firearm Suicide Wmon Military Veterans

By Everytown Research and Policy

Beginning in 2020, the destabilizing impact of the COVID-19 pandemic led to social isolation, economic struggles, and worsening mental health across the country. Though suicide rates across the nation had declined from 2019 to 2020,1 they began to increase in 2021, and veterans were not immune to this trend. More veterans died by suicide in 2021 than in 2020,3 studies show that veterans saw a higher incidence of mental health concerns than before the pandemic. By 2021, 72 percent of veteran suicides involved firearms—the highest proportion in over 20 years. With an average of 18 veterans dying by suicide in the United States each day, 13 of them by firearm, we cannot address veteran suicide without talking about guns. Veterans confront unique challenges during their service and face new ones when they return to civilian life. And these challenges are not always what might be expected. While many assume that suicide in veterans is associated with their time while deployed veterans who served during the wars in Iraq in Afghanistan who were not deployed6 had higher suicide rates than those who were deployed. But one thing is clear: addressing the unique role guns play is an integral part of efforts to end veteran suicide. It is crucial to pursue policies that can protect against veteran suicide, including disrupting a person’s access to a firearm when they are in crisis through secure gun storage, storing a gun outside the home, using Extreme Risk laws; raising awareness about the risks of firearm access; addressing upstream factors that can lead to veteran suicide; and ensuring that we have timely data about the basic aspects of this crisis.

New York: Everytown Research and Policy 2024.


Keeping Firearms Out of the Wrong Hands:  Addressing Theft and Diversion Through Reporting of Lost and Stolen Firearms

By James H. Burch II,  Stacey Clouse , Annelise M. Pietenpol

The Joyce Foundation commissioned the National Policing Institute (NPI) to assess and produce a report on mandatory reporting laws for lost and stolen firearms and how law enforcement agencies are currently using, enforcing, and encouraging compliance with such laws. This report supports the Joyce Foundation’s efforts to identify barriers and inform policymakers and law enforcement leaders on best practices related to the enforcement of reporting lost and stolen firearms. Across the nation, policymakers and law enforcement agencies have turned to different legal and policy approaches to address gun violence and the movement or “diversion” of firearms from the legal to the illegal market, where criminals and those who are prohibited by law from having firearms may obtain them. State laws mandating reporting of lost and stolen firearms are intended to address the issue of criminal access to firearms, yet very little is known about implementation best practices and challenges. This study, likely the first to assess implementation and design questions across the states, finds that changes are needed to realize much of the benefit these laws were intended to provide. Specifically, the results of this study suggest that: • Mandatory reporting laws for lost and stolen firearms may be designed or applied in ways that dilute their potential impact. • Some penalties may have limited or no potential for deterrence, may undermine the importance or significance of reporting or the law itself, and contribute to concerns over criminal justice fines and fees. • The laws appear to lack the necessary support of clear implementation approaches and input and support of state and local law enforcement. However, the study does not find that the laws serve no purpose or that they should be abolished or abandoned. Instead, the study proposes alternative approaches emphasizing incentives and behavioral change over punitive measures. It advocates for enhanced civil liability provisions and educational initiatives to promote awareness and compliance with reporting laws among firearm owners and sellers. Additionally, it underscores the effectiveness of targeted awareness campaigns and problem-oriented policing strategies in deterring firearm-related offenses such as straw purchasing. Furthermore, the study provides more than 20 recommendations to be considered by government and policy leaders, law enforcement, and communities. These recommendations include: • Reconsidering small or low penalties, such as fines, and considering alternatives, such as enhanced liability provisions and restrictions on future registrations and licensing (where applicable) that may be more powerful than the threat of fines for violators. • Consider the issue of intent in failures to report or lack of knowledge of the reporting requirement and consider offering liability protections in future civil action associated with the firearm’s loss or theft when timely reporting has occurred. • Requiring firearm sellers to provide notice of the mandatory reporting law, stipulate the information required for reporting, and establish responsibilities of law enforcement receiving reports of lost or stolen firearms. • Ensuring that national systems for sharing information on stolen and recovered firearms are utilized consistently. • Considering innovative programs, including state-level, publicly accessible, and searchable stolen firearms databases to allow prospective purchasers to ensure that the firearm they may be purchasing from a private seller has not been reported stolen and providing federal funding to support innovative approaches. • Review firearm recovery protocols for law enforcement to ensure that all recovered firearms are checked against the National Crime Information Center (NCIC) as soon as possible after recovery. • Improving training and outreach to law enforcement, firearm sellers, and owners to promote compliance with the law and ways of reducing theft, including safe storage requirements and guidance. • Prioritizing further research into firearm theft and mandatory reporting laws through additional or set-aside research funding from federal grant-making organizations.    

Arlington VA: National Policing Institute, 2024.   44p.

Gold Supply Chain Opacity and Illicit Activities: Insights from Peru and Kenya

By Nicole M. Smith, Kady Seguin, U. Mete Saka, Sebnem Duzgun, Ashley Smith-Roberts, David Soud, Jenna White

Illicit gold flows constitute a major development challenge for governments and a social responsibility challenge for many industries along gold supply chains, including gold refiners and jewelry retailers. This paper highlights aspects of gold supply chains that lack transparency and may indicate junctures where illicit activities are taking place, resulting in a loss of tax and customs revenues. Using Peru and Kenya as case study countries, we draw from United Nations Comtrade data and qualitative data from field research to examine the magnitude of the gold trade, the forms in which gold is traded, discrepancies in reported trade data, and key trade partners for each country. We suggest that certain portions of gold supply chains should be given more attention, some types of gold exports and imports present greater traceability challenges than others, and some countries play a much more significant role in the global gold trade. We propose areas where further investigations may be warranted to ensure more transparent and responsible gold supply chains.

Journal of Illicit Economies and Development, 6(1): pp. 42–59. 2024

The Connection Between Legal and Illegal Firearms Markets: How the Change in Gun Control Policy in Brazil Intensified This Link

By Roberto Uchôa de Oliveira Santos

In recent decades, the global debate on gun control has been prominent, with many countries adopting more restrictive policies. Brazil followed this trend by implementing stringent measures in 2003; however, the presidency of Jair Bolsonaro in 2019 introduced normative changes aimed at facilitating public access to firearms and ammunition. Throughout his term, the legal firearms market doubled, allowing access to weaponry previously restricted to the general public. The analyzed hypothesis suggests that these normative changes, especially those related to the quantity and authorization of acquisition of previously restricted firearms, altered the types of firearms in circulation, strengthening the interaction between legal and illegal markets. Using data from the mandatory firearms re-registration, a total of 962,782 firearms were analyzed. The assessment of the increase in circulation of these firearms in the illegal market was conducted through the analysis of seizures in the states of Rio de Janeiro and São Paulo, revealing a significant growth in seizures of these types of firearms, possibly correlated with the increase in their circulation. Three police investigations were selected to exemplify how the connection between markets intensified, allowing criminals to obtain firearms in the legal market that were previously only accessible through international trafficking or diversion from state agencies.

Journal of Illicit Economies and Development, 6(1): pp. 16–29. 2024

New War, Same Battle? Conflict-Related Human Trafficking in the Context of the War in Ukraine

By Eva Veldhuizen Ochodničanová, Alicia Heys

Despite the link between conflict and human trafficking having been globally recognized, academic inquiry investigating how the two interact continues to be limited. Given the recency of the full-scale invasion of Ukraine by the Russian Federation in February 2022, this lack of literature is even more pronounced in understanding how the risks of trafficking are developing in the current context. This paper examines extant academic literature to explore what is already known about the relationship between conflict and human trafficking, situating this within the theoretical framework of routine activity theory (RAT). It analyses governmental and non-governmental organization reports emerging from Ukraine to contextualize the risk that is specific to those affected by the war. The paper identifies four key drivers of risk facing those in, or fleeing, Ukraine, which can heighten their vulnerability to human trafficking, before offering a novel and innovative typology of the ways that human trafficking can manifest as a result of conflict. The typology gives consideration to the direct and indirect links between conflict and trafficking, the geographical spaces in which trafficking can occur, and the specific forms that exploitation can take. By situating the paper within RAT and contextualizing it with evidence from the war in Ukraine, the findings of this paper provide both theoretical and empirical insights that help to expand existing knowledge on how conflict situations can increase the risk of THB.

  Journal of Illicit Economies and Development, 6(2): pp. 26–41.2024   


“Like I'm a nobody:” firearm-injured peoples' perspectives on news media reporting about firearm violence

By Jessica H. Beard, Jennifer Midberry, Iman N. Afifa, Elizabeth Dauera, Jim MacMillanc, Sara F. Jacoby 

Media reports on interpersonal firearm violence largely present it as a crime issue focused on individual shooting events. This episodic framing can undermine support for public health solutions to firearm violence. The potential harms of this narrative on firearm-injured people are unknown. We aimed to understand how recently firearm-injured people perceive the meaning and impact of news media reporting on their own injuries and firearm violence in their communities. This study was conducted in the trauma clinic of the busiest trauma center for firearm injuries in Philadelphia, PA, USA. We consecutively recruited adult firearm-injured patients for semi-structured qualitative interviews within two months of their injury. Interview content was thematically analyzed. Twenty-six patients consented and participated. Results indicate that participants largely felt negative or conflicted about “making the news” and perceived several harms associated with media reports on their injuries, including dehumanization they connected with episodic-style reports, reliving trauma when viewing news, distress related to inaccuracies, threats to personal safety when specific details were included harm to reputation, and negative impacts on public perceptions of safety and community. Participants who did not make the news often reported relief and generally did not expect their stories to be reported. These findings suggest that firearm-injured people perceive multiple harms associated with episodic narratives that neglect their viewpoints. Journalists and public health practitioners should work together with communities to identify strategies to reframe firearm violence as a public health problem through reporting that is trauma-informed and incorporates the perspectives of firearm-injured people.

SSM - Qualitative Research in HealthVolume 3, June 2023, 

Drug Trafficking Dynamics across Iraq and the Middle East: Trends and Responses

By The United Nations Office on Drugs and Crime (UNODC)

Countries across the Near and Middle East have registered an escalation in both the scale and sophistication of drug trafficking operations over the past decade. The destabilizing risks posed by illicit drugs have become increasingly prominent on the regional agenda. Of particular concern for governments and societies across the region is the rising production, trafficking and consumption of amphetamine-type stimulants (ATS), in particular, tablets containing amphetamine sold under the name “captagon”, and methamphetamine. Iraq and neighbouring countries have documented a sharp increase in the trafficking and use of “captagon” over the past five years. “Captagon” seizures in Iraq increased by almost 3,380 per cent in Iraq from 2019 to 2023. Iraq reported the seizure of over 4.1 tons of “captagon” tablets between January and December 2023 alone. Seizures of amphetamine (mainly in the form of “cap tagon”) in the Near and Middle East doubled from 2020, reaching a record high of 86 tons in 2021. In parallel to “captagon” trafficking, a methamphetamine market is quickly developing in the Near and Middle East, as shown by a rise in seizures.3 UNODC research has found that Iraq is at risk of becoming an increasingly important node in the drug trafficking ecosystem spanning the Near and Middle East. Iraq lies near the intersection of a complex global drug trafficking ecosystem spanning Southwest Asia, Africa, and Europe, notably the Balkan and Southern routes associated with opiate smuggling from Afghanistan to Europe, through Southeastern Europe, and towards the Indian Ocean and Eastern Africa, including through the Arabian Peninsula. Within Iraq, drugs are trafficked along three key internal corridors, in the north, central and southern regions of the country. There are distinct territorial, ethnic, economic, and political factors and differentiated drug market dynamics connected to each route. The main categories of drugs traf f icked through Iraq include opium, heroin, hashish and especially, methamphetamine and “captagon”. While Iraq is not necessarily the most affected country in the region in terms of volumes of drugs seized, there are risks that the situation could deteriorate if drug trafficking, in particular of methamphetamine and “captagon”, keeps intensifying. A particular challenge facing countries across the Near and Middle East are armed groups with cross-border affiliations and transborder economic interests. Alongside a recent history marked by armed conflict and corruption, this situation has contributed to cross-border trafficking. The Government of Iraq and its partners have stressed the need for collective responses to tackle the security, social and economic ramifications of drug trafficking across the Near and Middle East. As seen in different regional contexts, the persistence – and potential reactivation – of armed groups poses a significant threat, not least given their potential involvement in illicit drug production and trafficking. There is growing awareness among governments of how drug trafficking intensifies corruption, undermines governance and legitimate business, degrades services and contributes to violent competition between armed groups. There is also growing concern over evidence of increasing drug use and related social harms, requiring sustained treatment and rehabilitation efforts.6 Practical responses are being implemented but are still at an early stage. Iraq established its first drug law and commission in 2017 and in 2023 launched a National Strategy on Narcotics and Psychotropic Substances (2023–2025) in 2023. Moreover, Iraq organized the first regional event on the issue in 2023 to accelerate collaboration and coordinate efforts in drug detection and disruption..

Vienna: UNODC, 2024. 46p.

U.S. Sanctions: Targeting International Illicit Drug Production and Trafficking

Liana W. Rosen

Sanctions play a role in U.S. national drug control strategies to disrupt and deter the illicit production and trafficking of foreign-produced drugs. The 118th Congress has focused on the role of sanctions in combating synthetic opioid production and trafficking (including fentanyl). Opioids are a leading contributor to U.S. drug overdose deaths.

Washington, DC: Congressional Research Service; 2024

Suicide Prevention Effects of Extreme Risk Protection Order Laws in Four States

By Jeffrey W. Swanson, April M. Zeoli, Shannon Frattaroli, Marian Betz, Michele Easter, Reena Kapoor, Christopher Knoepke, Michael Norko, Veronica A. Pear, et al..

More than half of suicide deaths in the United States result from self-inflicted firearm injuries. Extreme risk protection order (ERPO) laws in 21 states and the District of Columbia temporarily limit access to firearms for individuals found in a civil court process to pose an imminent risk of harm to themselves or others. Research with large multistate study populations has been lacking to determine effectiveness of these laws. This study assembled records pertaining to 4,583 ERPO respondents in California, Connecticut, Maryland, and Washington. Matched records identified suicide decedents and self-injury method. Researchers applied case fatality rates for each suicide method to estimate nonfatal suicide attempts corresponding to observed deaths. Comparison of counterfactual to observed data patterns yielded estimates of the number of lives saved and number of ERPOs needed to avert one suicide. Estimates varied depending on the assumed probability that a gun owner who attempts suicide will use a gun. Two evidence-based approaches yielded estimates of 17 and 23 ERPOs needed to prevent one suicide. For the subset of 2,850 ERPO respond ents with documented suicide concern, comparable estimates were 13 and 18, respectively. This study’s findings add to growing evidence that ERPOs can be an effective and important suicide prevention tool.

J Am Acad Psychiatry Law 52(3) online, 2024. DOI:10.29158/JAAPL.240056-24

Public Health Framing of Firearm Violence on Local Television News in Philadelphia, PA, USA: A Quantitative Content Analysis

By Jessica H. Beard , Shannon Trombley, Tia Walker, Leah Roberts3, Laura Partain4, Jim MacMillan5 and Jennifer Midberry

Background: Firearm violence is an intensifying public health problem in the United States. News reports shape the way the public and policymakers understand and respond to health threats, including firearm violence. To better understand how firearm violence is communicated to the public, we aimed to determine the extent to which firearm violence is framed as a public health problem on television news and to measure harmful news content as identified by firearm-injured people.

Methods: This is a quantitative content analysis of Philadelphia local television news stories about firearm violence using a database of 7,497 clips. We compiled a stratified sample of clips aired on two randomly selected days/months from January to June 2021 from the database (n = 192 clips). We created a codebook to measure public health frame elements and to assign a harmful content score for each story and then coded the clips. Characteristics of stories containing episodic frames that focus on single shooting events were compared to clips with thematic frames that include a broader social context for violence.

Results: Most clips employed episodic frames (79.2%), presented law enforcement officials as primary narrators (50.5%), and included police imagery (79.2%). A total of 433 firearm-injured people were mentioned, with a mean of 2.8 individuals shot included in each story. Most of the firearm-injured people featured in the clips (67.4%) had no personal information presented apart from age and/or gender. The majority of clips (84.4%) contained at least one harmful content element. The mean harmful content score/clip was 2.6. Public health frame elements, including epidemiologic context, root causes, public health narrators and visuals, and solutions were missing from most clips. Thematic stories contained significantly more public health frame elements and less harmful content compared to episodic stories.

Conclusions: Local television news produces limited public health coverage of firearm violence, and harmful content is common. This reporting likely compounds trauma experienced by firearm-injured people and could impede support for effective public health responses to firearm violence. Journalists should work to minimize harmful news content and adopt a public health approach to reporting on firearm violence.

Beard et al. BMC Public Health, 2024.     

A Critique of Findings on Gun Ownership, Use, and Imagined Use from the 2021 National Firearms Survey: Response to William English

By: Azrael, Deborah and Blocher, Joseph and Cook, Philip J. and Hemenway, David and Miller, Matthew,

For a paper that has not yet been through peer review or even been formally published, William English’s "2021 National Firearms Survey" has been remarkably prominent in gun rights advocacy and scholarship. As of June 2024, it has been cited in roughly 50 briefs, invoked at oral argument in the Supreme Court and multiple courts of appeals, and regularly cited in public writings and published academic work.

This response is offered in the spirit of a peer review. Our focus is on methodological issues, questionable statistical results, and problematic conclusions. Because of serious methodological issues, the draft fails to provide a reliable estimate of the number of defensive gun uses, the stock of AR-15s, or the actual protective value of or frequency with which AR-15 type firearms have been used. The paper should not be used as an authoritative source.

Duke Law School Public Law & Legal Theory Series No. 2024-50

Michoacán and Rio de Janeiro: Criminal Governance, Social Control and Obtaining Profit and Political Power by Armed Self-Defense Groups and Militias

By Antonio Fuentes Díaz

The article compares two important experiences of the emergence and consolidation of armed non-state actors in Rio de Janeiro, Brazil, and Michoacán, Mexico, noting the rise of the groups, their functioning, relationship with the state and involvement in new forms of governance in territorial control, population regulation and profit-making. These phenomena are part of a broader transformation related to political mutations that decentralize the state and generate specific subjective forms that modify the relationships between the individual, the social, the state, and the market

2022, Dilemas, Revista de Estudos de Conflito Controle Social, June 2022, Dilemas 1(4):179-204

Border Control Paradox: The Political Economy of Smuggling between Colombia and Venezuela

By Jorge Mantilla

In this working paper, Jorge Mantilla explores state-criminal cooperation in roadblock politics. His study discusses the way in which, between 2015 and 2023, the bilateral tensions and border closure between Colombia and Venezuela created a political economy of smuggling in which state officials delegated basic state functions to organized crime groups to contain foes, domesticate illegal economies, and maintain social control. Mantilla shows that the fundamentals of this political economy are negotiated mobility instances taking place at checkpoints deployed in the multiple informal trails along the borderland where smugglers, organized crime groups, and state officials interact.

 Copenhagen: DIIS · Danish Institute for International Studies 2024. 31p.

Final Report of the Independent Commission to Investigate the Facts of the Tragedy in Lewiston

By The Independent Commission to Investigate the Facts of the Tragedy in Lewiston

At 6:54 p.m. on October 25, 2023, 40-year-old Army Reservist Robert Card II (Card) entered the Just-In-Time Recreation Facility in Lewiston, Maine, armed with a .308 Ruger SFAR4 rifle with a scope and laser. Over 60 patrons and employees, including 20 children, were present. In 45 seconds, Card fired 18 rounds, killing eight people and wounding three others. Additional people suffered injuries while trying to hide or escape. Card then drove about four miles to Schemengees Bar and Grille. He left his car running outside the main entrance and entered the building at 7:07 p.m. In 78 seconds, he fired 36 rounds, killing ten more people and wounding ten others. Additional individuals suffered other injuries during the chaos. In total, Card killed 18 people and wounded 13 in less than two minutes inside those businesses. Card is solely responsible for his conduct. He caused the deaths and injuries inflicted that night. Although he might still have committed a mass shooting even if someone had managed to remove Card’s firearms before October 25, 2023, there were several opportunities that, if taken, might have changed the course of events. The Commission affirms its earlier unanimous finding that in September 2023, the Sagadahoc County Sheriff’s Office (SCSO) had sufficient probable cause to take Card into protective custody under Maine’s yellow flag law5 and to initiate a petition to confiscate any firearms he possessed or over which he had control. Several law enforcement officials testified that the yellow flag law is cumbersome, inefficient, and unduly restrictive regarding who can initiate a proceeding to limit a person’s access to firearms. Further, the SCSO is justified in pointing out that the Army Reserve (AR) did not share all the relevant information it had about Card’s behavior. Nevertheless, under the circumstances existing and known to the SCSO in September of 2023, the yellow flag law authorized the SCSO to start the process of obtaining a court order to remove Card’s firearms. The Commission further finds that the leaders of Card’s (AR) Unit failed to undertake necessary steps to reduce the threat he posed to the public. His commanding officers were well aware of his auditory hallucinations, increasingly aggressive behavior, collection of guns, and ominous comments about his intentions. Despite their knowledge, they ignored the strong recommendations of Card’s Army mental health providers to stay engaged with his care and "make [e] sure that steps are taken to remove weapons” from his home. They neglected to share with the SCSO all the information relating to Card’s threatening behavior and actually discounted some of the evidence about the threat posed by Card. Had they presented a full and complete accounting of the facts, the SCSO might have acted more assertively in September. While the AR leaders correctly point out that their authority over a reservist like Card is not as broad as the authority the military has over their active-duty service members, they failed to take advantage of the available opportunities to exercise their authority over him. Finally, we find that the challenges faced by law enforcement in responding to the shootings were unprecedented in Maine: two active shooting sites with dozens killed and injured, multiple reports of other active shooting sites, gathering and preserving evidence for possible criminal prosecution, and a simultaneous state-wide manhunt. Many law enforcement officers demonstrated bravery and professionalism in the face of danger. While the first hours were, at times, “utter chaos” as hundreds of law enforcement officers poured into Lewiston and were dispatched or self-dispatched to numerous scenes, the actions of law enforcement ultimately resulted in the discovery of Card’s body within 49 hours without further loss of life. While the Commission makes some findings about the actions of law enforcement following the shooting, we anticipate that the Maine State Police (MSP) will conduct a full after-action review with an independent evaluation by an entity with policing expertise. The MSP has already completed a "Manhunt Operations After Action Review" focused on tactical operations with an independent evaluation by the Pennsylvania State Police. Not only would a full after-action review allow for professional recommendations about policy, protocol, and other policing improvements, it would likely confirm what this Commission recognizes as positive and successful examples of the law enforcement response.    

Lewiston, ME: The Commission, 2024. 215p.

Brexit and the Control of Tobacco Illicit Trade

By Marina Foltia

This book assesses the consequences of Brexit for the control of illicit trade in tobacco products in the UK and EU. Based on the currently applicable legal framework, it examines the significance of a possible non-application of the acquis communautaire in the UK in matters relating to anti-illicit trade in tobacco legislation. It also analyses the modes of future cooperation between the UK and the EU in this area, as well as possible regulatory scenarios and their consequences. The book comprises six main sections. After the introduction (Section 1), Section 2 discusses the state of play of Brexit and the possible outcomes of Article 50 of the Treaty of European Union procedure. Section 3 illustrates the data and trends of illicit tobacco trade in the UK. Section 4 describes the relevant legal (e.g. trade and fiscal measures) and enforcement frameworks in the UK and suggests possible post-Brexit scenarios in control of tobacco illicit trade. Section 5 focuses on the relevance of arrangements between governments and the tobacco industry in the control of illicit trade. Section 6 then analyses the relevance of key EU and global anti-illicit trade initiatives. Lastly, Section 7 of the book offers some recommendations and conclusions on how the UK could control illicit trade in tobacco after Brexit.

Cham: Springer Nature, 2020. 81p.

Guns, Judges and Trump

Rebecca L. Brown, Lee Epstein, Mitu Gulati 

This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in terms of the number of cases in the courts but also the partisanship displayed in the application of Bruen. And that partisanship increase was particularly large on the part of Trump-appointed judges. The Supreme Court has now decided Rahimi, its first opportunity to apply Bruen. While the Court's new decision blunted some of the sharpest concerns raised by Bruen, it did not eliminate the key concern, recommitting itself to a test that places considerable unguided discretion in judges, inviting partisan bias. The revolution that the Court wrought through Bruen and Heller may have only just begun.

Virginia Public Law and Legal Theory Research Paper No. 2024-51

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