GUNS (2020 Presidential Election)

Source:
https://www.healthline.com/health-news/gun-violence-is-public-health-issue#1

It’s one of the most contentious debates of our time: gun violence prevention vs. second amendment rights.  Can we have both?  Can we support the second amendment while keeping guns away from criminals and other dangerous people? Republicans say that Democrats want to abolish the second amendment and take all your guns away.  Democrats say that Republicans are bought and paid for by the NRA and have no concern for the general welfare.  Ultimately, it comes down to what may be America’s greatest debate: individual rights vs. collective well-being.  But, what are the actual facts related to gun violence and what are the actual legislative possibilities? 

First of all, in the United States you have a right to own a gun as outlined by the second amendment of the United States constitution ("A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.")  Where does this amendment come from? Well, the British tried to confiscate the colonists’ firearms at the outbreak of the Revolutionary War.  And, no one wants to be unarmed when their tyrannical federal government goes to war with them.  So, founder, and eventual fourth president, James Madison, proposed the amendment to provide more power to state militias which eventually became the National Guard.  But, that doesn’t mean that the government can’t regulate or place some limits on the manufacture, ownership, and sale of firearms for the safety of its people.  The Supreme Court has ruled as such.  “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.  For example, concealed weapons prohibitions … possessions of firearms by felons and the mentally ill, carrying of firearms in sensitive places such as schools and government buildings, or laws imposing condition and qualifications on the commercial sale of arms.”

So, there.  Everyone knows that the second amendment protects the right to bear arms.  The debate over whether that is a right as a collective such as the National Guard or the right of an individual may go on without end.  But, how does the United States compare with the rest of the world in terms of gun violence?  

The American Medical Association has declared gun violence in the U.S. a public health crisis.  It calls the uncontrolled ownership and use of firearms “a serious threat to public health” because “the weapons are one of the main causes of intentional and unintentional injuries and deaths.” 

There are enough guns for every man, woman, and child in the United States.  Actually, there are more than enough.  For every 100 people, there are 120.5 firearms in civilian possession.  For the sake of comparison, the next closest amount of firearms per 100 people comes from the territory, The Falkland Islands.  This is an archipelago of about 3,000 people and it is estimated that there are about 2,000 firearms in possession by civilians.  For every 100 people, they have 62.5 firearms.   Following The Falkland Islands is Yemen (52.8 per 100), New Caledonia (42.5 per 100), Montenegro (39.1 per 100), Serbia (39.1 per 100), and Canada (34.7 per 100).

Here are some more facts specific to the United States.  On an average day, over 100 Americans are killed by guns (when I wrote this blog in 2016, it was 91).  Nearly ⅔ of these firearm deaths are suicides.  Access to a gun triples the risk of death by suicide.  Only 4% of suicide attempts not involving a firearm are successful, versus 90% of gun suicide attempts.  White men represent 74% of gun suicide victims in America.

One-third of firearm deaths are homicides.  America’s gun murder rate is 25 times the average of other developed countries.  Access to a gun doubles the risk of homicide.  Black Americans are 10 times more likely than white Americans to die by gun homicide.

Firearms are the leading cause of death for children and teens.  I’m going to say that again.  Firearms are the leading cause of death for children and teens.  More than 1,700 children and teens die by gun homicide every year.   86% of children killed in shootings with four or more victims were killed as a result of domestic or family violence.

Women in the U.S. are 21 times more likely to be killed by a gun in the U.S. than in other high-income countries.  In an average month, 53 women are shot to death by an intimate partner (in 2016, it was 51).  Access to a gun in domestic violence makes it 5 times more likely that a woman will be killed.

Why is gun violence such a bigger issue in the U.S.? Is it gun prevalence?  Is it mental illness?  Is it violent video games?  Is it gun culture?  We don’t know.  We don’t know because, in 1996, the NRA lobbied Congress to prevent any research on gun violence that could be interpreted as endorsing gun control.  A ban that even the author, Rep. Jay Dickey, R-Ark. regrets.  What we do know is that many other countries have mental illness and violent video games, but the prevalence of mass shootings and other gun deaths are a unique issue to the United States among developed nations.  It reminds me of this Onion article from June 2019: ‘No Way to Prevent This’ Says Only Nation Where This Regularly Happens.

So, is there a way to prevent this, or is it just the cost of freedom?  Here are some past and current legislative options that address gun violence.

Gun Manufacturer and Dealer Liability

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act which protects firearms manufacturers and dealers from being held liable when crimes are committed with their products.  Prior to its passage, victims had successfully sued manufacturers and dealers for negligence.  After the 2012 shootings at the Aurora movie theater and Sandy Hook Elementary, there was a renewed effort to repeal the act.

Assault Weapons Ban

On January 17, 1989, a 24 year old man with a long criminal history walked onto the Cleveland Elementary School playground in Stockton, California, and began firing with a semi-automatic AK-47.  He killed 5 children and wounded 30 others.  California then became the first state to pass an assault weapons ban.  In addition to assault weapons, it also banned magazines that could hold over 10 rounds of ammunition.  Guns and magazines that were legally owned prior to the passing of the law were grandfathered in as long as they were registered with the California Department of Justice.  New Jersey and Connecticut both passed statewide bans before the federal ban in 1994.  

The Federal Assault Weapons Ban was passed in 1994.  At the time, the U.S. Department of Justice said, “"In general, assault weapons are semi automatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use.”  The term is not to be confused with assault rifle, such as an M16, which has the capability to fire in semi-automatic, burst, or fully automatic mode.  The assault weapons ban expired in 2004.  Therefore, assault weapons, such as the Colt AR-15, are legal in the United States.  Assault rifles capable of fully automatic firing have been illegal since 1934.

Assault weapons, and often the AR-15, are the weapon of choice for many high-profile mass shootings including the Pulse Nightclub Shooting, the Sandy Hook Elementary School Shooting, the Aurora Movie Theater Shooting, and the Columbine School Shooting.  When assault weapons are used in mass shootings, 155% more people are shot and 49% more people die versus mass shootings that don’t include assault weapons.  Restricting access to assault weapons has significant effects on mass shooting fatalities.  During the federal ban, there was a marked decrease in the use of assault weapons and large capacity magazines in crime.

However, assault weapons do not significantly affect murder rates at the state level as handguns are responsible for far more deaths.  Assault weapons bans DO affect school shootings.  Quinnipiac researcher, Mark Gius says, "Assault weapons bans reduced the number of school shooting victims by 54.4 percent.  All other gun-control laws—concealed-carry laws, private-sale background checks, and federal dealer background checks—had no statistically significant effect on school shootings."

In the absence of a federal assault weapons ban, there are seven states that have assault weapons bans.  The three listed above plus Hawaii, Maryland, Massachusetts, and New York which adopted statewide bans after the federal ban expired.  These bans have been repeatedly challenged and repeatedly upheld by the courts as constitutional.  The Supreme Court has rejected challenges to the bans.

A writer for the Pacific Standard summed up assault weapons bans concisely, “So if our goal as a society is to reduce the overall murder rate, an assault weapons ban would be highly ineffective. But if we want increased protection from people who aim to create mass casualties in schools—or concert venues like the one in Las Vegas—it could be of enormous help.”

Universal Background Checks and Closing Loopholes

In 1995, Congress passed the Brady Handgun Violence Prevention Act, often referred to as the Brady Bill, which mandated federal background checks on the purchase of firearms which has blocked more than 3 million handgun sales since its inception, or 1.5% of all applications.  The bill was named for James Brady who was shot and wounded during an assassination attempt on Ronald Reagan.  Despite its success, there are numerous loopholes for purchasing a firearm without a background check.

Over 90% of Americans support universal background checks for all gun sales, however the so-called “gun-show loophole” allows unlicensed sellers to sell without performing any background checks.  This applies to sellers at gun shows and all private sales of guns.  A 2017 study found that 22% of Americans purchased their firearms without a background check.

In 2012, a gunman killed three people, including his wife, and injured 4 others at a spa in Wisconsin after buying a gun through a private seller on-line.  He was prohibited from buying guns due to an active domestic violence restraining order, but was able to do so anyway because the seller was not required to run a background check.

A survey of state prison inmates who were convicted of gun offenses found that only 13% of them obtained the gun from a store or pawn shop where background checks were required.  96% of them were already prohibited from possessing a firearm at the time of their crime and did so through an unlicensed private seller.

Twenty-two states and Washington, D.C. have extended the background check requirement beyond federal law to include at least some private sales.  Of those twenty-two, thirteen states and D.C. require universal background checks for transfers and sales of all firearms whether purchased from a licensed or unlicensed dealer.  From 2009 to 2012, states that required background checks on all handgun sales had 35% fewer gun deaths per capita than states without the requirement.  Additionally, states that require background checks on all handgun sales experience 52% fewer mass shooting incidents.  They experience 48% less gun trafficking, 38% fewer deaths of women shot by intimate partners, and 17% fewer firearms involved in aggravated assaults.

Additionally, states with universal background checks have 53% fewer firearm suicides and 31% fewer suicides overall.

Red Flag Laws

In 1999, Connecticut became the first state to enact a “Red Flag” law, also known as an Extreme Risk law, which allows police to temporarily confiscate firearms from individuals determined to be a threat to themselves or their community.  Indiana followed suit in 2005.  A study published in the journal Psychiatric Services found a decline in gun suicides in these states.

In total, at least 19 states and the District of Columbia have red flag laws or some version of them, including Florida which adopted the law following the Stoneman Douglas High School Shooting.  Most of these laws require some sort of judicial oversight and due process, however critics say firearms shouldn’t be taken away unless there is an actual conviction.

Here is where the presidential candidates stand on issues related to guns.  If this is an issue addressed on their website, I have linked the page to their name.

Joe Biden:

Biden’s Record:

• In 1986, Senator Biden, as ranking Democrat on the Senate Judiciary Committee, supported  The Firearms Owners Protection Act which overturned six Supreme Court rulings and overturned 75% of the regulations of the Gun Control Act of 1968.  It passed Congress overwhelmingly with a 79-15 vote in the Senate.  The NRA has called this bill “the law that saved gun rights” in America.  It contributed to what is known as the “gun show loophole” and allowed sales by mail, and eventually, the internet.
• In 1991, Senator Biden sponsored the Biden-Thurmond Violent Crime Control Act.  This bill ultimately passed in the Senate but died in the House.  The language from this bill went on to be included in the Brady Handgun Violence Prevention Act in 1993 which established the background check system that has blocked more than 3 million handgun sales to those with a criminal background.
• In 1994, Senator Biden helped author the Federal Assault Weapons Ban which ultimately banned assault weapons and high capacity magazines for 10 years before it expired in 2004.
• In 2005, Senator Biden voted against the Protection of Lawful Commerce in Arms Act which protects gun manufacturers from being held civilly liable for their products.  The bill went on to become law.
• In 2012, Vice President Biden led the presidential task force on gun safety in the wake of the Newtown shootings.  Some of the legislative recommendations that came from the task force were:
• requiring criminal background checks on all gun sales including private sales
• banning “military-style” assault weapons
• limiting ammunition magazines to 10 rounds
• strengthening penalties for gun trafficking
• The task force also led to 23 executive actions on gun control intended to strengthen existing laws, augment mental health resources, and promote CDC research on gun crime.  One of these actions led to narrowing the gun show loophole that his 1986 vote helped to create.
• In 2016, the Obama-Biden administration finalized a rule that made sure that the Social Security Administration (SSA) sent information to the federal background check system records of people that have been deemed by the SSA as unable to manage their affairs for mental reasons, thereby prohibiting them from owning and purchasing firearms.  The Trump administration reversed this rule.

Biden’s Policy Proposals:

• Hold gun manufacturers accountable by prioritizing the repeal of the Protection of Lawful Commerce in Arms Act.
• Enact legislation to ban the manufacture and sale of assault weapons and high-capacity magazines and use executive authority to ban the import of assault weapons.
• Pursue legislation to regulate the use of existing assault weapons under the National Firearms Act.
• Institute a program to buy back assault weapons and high capacity magazines meaning individuals currently possessing these items can either sell them or register them.
• Enact universal background check legislation which will require background checks for all sales and exchanges except for gifts between close family members.  This will close the gun show and online loophole created in the 1986 legislation.
• Reinstate the 2016 Obama-Biden rule that kept guns out of the hands of those deemed  by the Social Security Administration as unable to handle their affairs for mental reasons.
• Enact legislation prohibiting individuals who have been convicted of hate crimes from owning or purchasing firearms.
• Enact legislation to close the Charleston loophole which allows people to purchase firearms if their background check isn’t completed within 3 business days.  He supports changing this window to 10 business days and will direct the FBI within the first 100 days to report to him cases of which background checks aren’t completed within 10 business days and ways the federal government can eliminate this occurrence.
• Restore records deleted by the Trump administration from the federal background check system of almost 500,000 fugitives that are prohibited from purchasing firearms.  He will also enact legislation to prohibit people facing arrest warrants from purchasing firearms.
• Enact legislation to prohibit online sales of firearms, ammunition, kits, and gun parts.
• Creating an effective system whereby those newly found to be barred from possession of firearms, after committing a violent crime for example, relinquish their firearms.
• Incentivise red flag laws by giving states funding to implement them.
• Incentivise states to set up gun licensing programs by giving states and local governments grants to require individuals to obtain a license prior to obtaining a gun.
• Ensure adequate funding to the background check system.
• Prohibit individuals convicted of assault, battery, or stalking or under a temporary restraining order from purchasing or possessing firearms.
• Issue a call to action to put America on a path towards 100% of guns sold being smart guns which allow only an authorized user to fire a gun through a fingerprint match.
• Holding adults accountable for giving minors access to firearms, either directly or negligently.
• Pass legislation requiring firearm owners to properly store firearms in their homes.
• Make purchasing guns for those who can't pass a background check a federal crime.
• Require owners to report if their firearm is lost or stolen.
• Passing legislation that requires those buying gun kits or 3D printing codes to pass a background check.
• Direct his attorney general to deliver recommendations within the first 100 days on how to restructure the ATF and necessary Justice Department agencies to most effectively support our gun laws.
• Create a $900 million dollar eight year initiative that is estimated to save over 12,000 lives to fund evidence-based interventions in the 20 cities with the highest number of homicides and the 20 cities of the highest number of homicides per capita.
• Call on Congress to appropriate $50 million to accelerate research into reducing gun violence by the CDC and NIH.
• Barring states from using federal dollars to train teachers on how to discharge firearms.

Donald Trump:  

Trump’s Record:

• In May of 2013, Trump said via tweet, “Big Second Amendment believer but background checks to weed out the sicko's are fine.”
• In September of 2015, Candidate Trump stated on his campaign website, “Gun and magazine bans are a total failure. That’s been proven every time it’s been tried.  Opponents of gun rights try to come up with scary sounding phrases like ‘assault weapons’, ‘military-style weapons’ and ‘high capacity magazines’ to confuse people.”
• In November of 2015, Trump wrote in his book “Great Again: How to fix our crippled America”, “Unfortunately, as expected, bringing more government regulation into the situation has accomplished very little. The main ‘benefit’ has been to make it difficult for a law-abiding American to buy a gun. As study after study has proven, few criminals are stupid enough to try to pass a background check or have their names in any kind of system.”
• In February of 2016, Candidate Trump stated in a campaign video posted to Facebook, “I won’t let them take away our guns!”
• In February of 2017, President Trump signed a bill into law that rolled back the 2016 Obama-Biden administration rule that prohibited people identified by the SSA to be unable to manage their affairs due to mental reasons from buying firearms.
• In February of 2018, President Trump ordered the Justice Department to issue a ban on bump stocks, which are used to convert semi-automatic weapons into automatic weapons such as the one used in the 2017 Las Vegas mass shooting.
• In February 2018, during a listening session with teachers, students, and parents following the Parkland Shooting, President Trump stated, “We’re going to be very strong on background checks. We’re going to be doing very strong background checks.”  He also considered arming teachers saying, “An attack has lasted, on average, about three minutes. It takes 5 to 8 minutes for responders, for police to come in. If you had a teacher who is adept at firearms, they could very well end the attack very quickly.”
• In February of 2018, during a televised meeting with lawmakers, President Trump said to them, “You’re scared of the NRA.”  He then called for a “powerful” bill on background checks to address mental illness.  He also seemed willing to take a look at the assault weapons ban bill.  Concerning red flag laws, he said, “I like taking the guns early, like in this crazy man’s case that just took place in Florida. He had a lot of firearms. They saw everything. To go to court would have taken a long time. So you could do exactly what you’re saying, but take the guns first, go through due process second. “  He also  proposed raising the age requirement for buying assault weapons from 18 to 21.  
• In March of 2018, President Trump said he would leave it to states to set an age minimum for buying assault weapons via tweet, “On 18 to 21 Age Limits, watching court cases and rulings before acting. States are making this decision. Things are moving rapidly on this, but not much political support (to put it mildly).”  He also called for states to adopt red flag laws.
• In December of 2018, the Trump administration issued an official rule banning bump stocks.  Additionally, his federal commission on school safety released a report providing guidelines to schools wishing to equip “highly trained school personnel” with firearms in order to protect students in the event of a shooting.
• In February of 2019, President Trump threatened a presidential veto of a bill that eventually passed the House that would require universal background checks for most gun purchases or transfers.
• After 2 mass shootings in August of 2019 (El Paso, TX and Dayton, OH), Trump said he wanted tighter background checks on gun buyers and planned to release a proposal.  When the impeachment inquiry was announced in September 2019, aides said that Trump was not planning on making any announcements on gun legislation in the near future because impeachment got in the way.

Trump’s Policy Proposals: This is not a current issue on President Trump’s website.  In my notes from his website in 2016 (which is no longer accessible) I wrote, “Trump thinks the mental health system is to blame for mass murders.  He believes in expanding treatment programs.  He is opposed to assault weapons bans and believes the background check system is sufficient the way it is.  He sees gun control as an infringement on the rights guaranteed to citizens by the second amendment.”