The Balancing Act of Gun Control

How can we maintain our rights AND protect our lives?

Aaron Capece and Jamie Dick

Throughout this packet, we will examine the most widely debated topics, discussing each issue in its entirety. We then provide a range of potential solutions to the issue of gun violence. Each solution is unique and targets a different facet within the gun control debate.

Gun Violence in the United States

Proposed Executive Actions

President Barack Obama has proposed 23 executive actions that would be implemented with the intention to reduce gun violence. Of these 23 executive actions, the five actions most applicable to our discussion are summarized below: Require federal agencies to make relevant data available to the background check system; improve incentives for states to share information with the background check system; address legal barriers, particularly those relating to the Health Insurance Portability and Accountability Act (HIPAA), that may prevent states from making information available to the background check system; review and possibly expand the categories of individuals prohibited from purchasing and owning a firearm; publish a letter from the ATF to federally licensed dealers providing guidance on how to run background checks for private sellers.

etween the years of 2007 and 2011, firearms were responsible for 67.34% (46,313) of all homicides in the United States. For decades now the US has struggled to create a solution that would successfully decrease firearm violence. This is largely due to the extreme controversy that surrounds the gun control debate. The society of the US is divided in many ways, separated by what they believe is the source of firearm violence. Some people believe that assault weapons are responsible for this violence, pointing to the Sandy Hook shooting as an example of where assault weapons have caused mass destruction. Others claim that the current background check system is too weak, allowing dangerous people the opportunity to purchase firearms. They reference the Virginia Tech shooting as an

example of why medical records should be included within the background check system. Even still, others believe that the gun show loophole is the main source of this gun violence, allowing individuals to circumvent the background check system all together. With all these people advocating for a different problem, and with each calling for a different solution, it is easy to see why this issue has yet to be resolved. Throughout this packet, we will examine the most widely debated topics, discussing each issue in its entirety. We then provide a range of potential solutions to the issue of gun violence. Each solution is unique and targets a different facet within the gun control debate.

In this issue:
Implement an Assault Weapons Ban Close the Gun Show Loophole Improve the Background Check System

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O PTION ONE

Implement an Assault Weapons Ban

WHAT IS AN ASSAULT WEAPON?
An assault weapon is any semiautomatic weapon that possesses one or more of the following [military style] characteristics: pistol grip, forward grip, second pistol grip, collapsible stock, folding stock, thumbhole stock, bump stock, barrel shroud, threaded barrel, grenade or rocket launcher, revolving cylinder (shotgun), or bullet button.

ARE THEY A PROBLEM?

Yes Assault weapons have been used as the primary weapon in multiple mass shootings over the last twenty years. Specifically, these include: the Sandy Hook shooting, the Aurora movie theater shooting, the Columbine High School Massacre, along with 11 other mass-shooting cases. No The features that define a firearm as an assault weapon are purely cosmetic features, meaning they do not alter the firearm mechanically. In fact, the majority of them improve the firearms accuracy, make the firearm easier to control, or enhance the safety of the firearm.

POSSIBLE SOLUTION
Based off the most recently proposed assault weapons ban: Introduce federal legislation that would ban the sale, transfer, manufacturing and importation of any semiautomatic weapon that possesses one or more military-style features. This legislation would exclude weapons used by the military and law enforcement, antique weapons, and any weapon that is lawfully possessed prior to this bills enactment.

WHY DO THIS?
During the previous 1994 Assault Weapons Ban, the use of assault weapons in violent crimes had decreased by almost 67% prior to its expiration. This demonstrates that the 1994 ban was successful in reducing the amount of firearm violence due to assault weapons, an outcome that we would expect to see with the implementation of this new ban.

WHY NOT DO THIS?

The state of California has a similar assault weapons ban already in place; in 2010, assault weapons accounted for 5.1% of all firearms used in violent crimes in California. Non-assault weapon handguns, rifles, and shotguns accounted for the other 94.9% of firearms used in violent crime. This ban has only been successful at reducing the amount of firearm violence caused by assault weapons, not in decreasing the amount of firearm violence as a whole.

AnAssaultWeaponis:
Anysemiautoma criethathas oneormoreofthefollowing: Pistolgrip Forwardgrip Foldingstock Collapsiblestock Grenade/Rocketlauncher Rocketlauncher Barrelshroud Threadedbarrel

Anysemiautoma cpistol thathasoneormoreofthe following: Threadedbarrel Secondpistolgrip Barrelshroud Anyrearmthathas: BulletBu on BumpStock ThumbholeStock

Anysemiautoma cshotgun thathasoneormoreofthe following: Foldingstock Collapsiblestock Detachablestock Pistolgrip Forwardgrip Grenade/Rocketlauncher Rocketlauncher Revolvingcylinder

ForwardGrip: Locatedtowardthe frontoftherearm Purpose:Givesthe ohandsomething tohold,aidinginthe maneuverabilityof thegun.

ThreadedBarrel:A barrelwithascrewlike pa ernatitsend. Purpose:Allowsfor a achmentssuchasa ashsuppressoror soundsuppressor.

CollapsibleStock: Stockthatcanbeadjusted totthelengthoftheuser. Purpose:Allowsforasecuretofthe rearmtotheshoulderwhichensures greateraccuracybynotallowingthe rearmtoshi underrecoil.

BulletBu on:Abu onthat, whenpressed, releasesthe magazinefrom therearm. Purpose:Allowsforaxed magazinetobereplaced.

ThumbholeStock:Aholelocated towardsthefrontofthe stockinwhichathumb couldtthrough. Purpose:Thisdesignmaximizes eciency.

FoldingStock:Astock Thatcanbefoldedtobe parallelwiththerearm. Purpose:Allowsforeaseof opera oninclosequarters.

Grenade/RocketLauncher:A achmentto arieorshotgunthatcanregrenades. Purpose:Launchgrenadesorrocketswith moreaccuracy,highervelocity,andto greaterdistancesthanahumancould.

BumpStock:Usesthe recoiloftherearmto remul pleshots inrapidsuccession. Purpose:Enables thisprocessofrapidretooccur.

BarrelShroud:Covers thebarrelofarearm Purpose:Preventthe userfrombeingburned byahotbarrel.

RevolvingCylinder: Mul plechambers thateachholda singlebullet;these chambersrotatethroughouttheshotgun. Purpose:Allowstheusertoremul ple roundswithouthavingtoreload.

PistolGrip: Orientsthe handinaver cal posi on. Purpose:Allows foreasyaccess andcontrolofthe trigger,magazine releasebu on, andsafety/re

O PTION T WO

Close the Gun Show Loophole

WHAT IS THE GUN SHOW LOOPHOLE?
In accordance with the Gun Control Act of 1968, you must obtain a firearms license through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in order to sell firearms. However a provision of this law allows for those who are not engaged in the business of buying or selling firearms, or who only make occasional sales within their resident state, to sell firearms without holding a federal firearms license. This is commonly referred to as the gun show loophole.

Federal Licensees are required to:

Conduct background checks through the NICS for every sale Maintain records on every transaction in an ATF-approved book (or computerized equivalent) Collect sales tax Understand and comply with all gun laws in every state

Non-Federal Licensees are not required to:

Conduct background checks through the NICS for any sale Maintain records for any transaction Collect sales tax Understand and comply with any gun laws in any state other than their own

IS THIS A PROBLEM?
Yes

Over 27% of the guns involved in the ATFs criminal trafficking investigations were linked to trafficking by unlicensed sellers, and over 30% were tied to trafficking at gun shows - ATF At the Columbine High School Massacre the two killers bought their guns at a gun show from a non-licensed dealer Gun shows are the second leading source of firearms recovered from illegal gun trafficking investigations - ATF

No

Less than 1% of U.S. crime guns came from gun shows, with repeat offenders even less likely than first-time buyers to buy guns from any retail source Bureau of Justice Statistics Private sales at a gun show are no different in principle than private sales anywhere else outside the gun show setting.

POSSIBLE SOLUTION:
STEP 1: Introduce legislation that would require all individuals who want to sell firearms at a gun show to hold a federal license or a provided alternative. STEP 2: Create an alternative to the federal firearms license through the ATF, known as the Personal Sales License (PSL). Who would be eligible? Individuals who are collectors or selling for personal use. How would you get one? There would be an application on the ATFs website where individuals could fill out their personal information, such as their name, address, date of birth, social security number, etc. Additionally, the individual would list the names and dates of the gun shows he is planning to attend, the number of firearms they are attempting to sell, as well as the type and serial number of each firearm. How would it work? This information would be listed on the license that the individual would receive. The license would only be valid at the gun shows registered on the application and would expire after the date of the last gun show listed. PSL requirements? With this license, dealers would be required to run background checks and keep records for every sale they make. They would also be required to comply with all state gun regulations, not just their own.

WHY DO THIS?
Closing the gun show loophole by requiring all dealers to possess either a federal firearms license or a personal sales license, subsequently requiring all dealers at guns shows to conduct background checks, will effectively decrease firearm violence. This will close off convicted felons, and others who cannot legally purchase firearms, from direct access to the purchase of firearms by requiring background checks for all potential buyers at a gun show.

WHY NOT DO THIS?

Individuals will now be forced to go through the steps of obtaining this license which may cause financial and/or other inconveniences. Additionally, having to disclose personal information such as address or social security number would invade an individuals personal privacy. Also, this program would require additional funding to be allocated to the ATF and with recent mandatory budget cuts this could prove difficult to sustain.

O PTION THREE

Improve the Background Check System

WHAT IS THE CURRENT BACKGROUND CHECK SYSTEM?

Who is prohibited from purchasing a firearm?

Pursuant with the gun control act of 1968, the following factors would prohibit individuals from purchasing a firearm:

Mandated by the Brady Handgun Violence Prevention Act of 1993, federally licensed dealers are required to conduct background checks on all prospective buyers in order to instantly determine if they are eligible to purchase firearms. Since 1998, they have used the FBI Criminal Justice Information Services Divisions National Instant Criminal Background System (NICS). The NICS was developed and is maintained through a collective effort with the FBI, the ATF, the Department of Justice, and local and state law enforcement agencies.

Convicted of any felony punishable by imprisonment exceeding one year in length Fugitive from justice Unlawful user of or addicted to any controlled substance Illegal alien Dishonorably discharged from the Armed Forces Renounced their citizenship Subject to a court ordered restraining order Convicted of a misdemeanor crime of domestic violence Under indictment for a misdemeanor punishable by imprisonment exceeding two years in length Adjudicated as a mental defective Involuntarily committed to mental institution

How does the NICS work?

When a background check is initiated, a name and descriptor search is conducted to identify any matching records in three databases managed by the FBI Criminal Justice Information Services Division. These databases are: National Crime Information Center (NCIC) The NCIC maintains information on individuals who are subjects of protection orders or active criminal warrants, immigration violators, and others. Interstate Identification Index (III) The III maintains subject criminal history records. National Instant Criminal Background System (NICS) Index The NICS Index collects and maintains information from local, state, tribal, and federal agencies pertaining to individuals prohibited from possessing a firearm pursuant to federal and state law.

The Department of Homeland Security's U.S. Immigration and Customs Enforcement (ICE) also maintains a database that is accessed during the background check process. This database is searched for non-US citizens who are attempting to purchase firearms within the United States.
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IS THERE A PROBLEM WITH THE CURRENT SYSTEM?

Yes Federal law does not require states to make mental health information available to the federal or state agencies that perform background checks. As a result many states fail to report to the NICS all relevant health information, such as mental illness or drug use, which would prohibit individuals from purchasing a firearm. The Tucson, Arizona shooter, Jared Loughner, had been previously cited for possession of drug paraphernalia, which would have prohibited him from purchasing a firearm; however his records were never reported to the NICS. Similarly the Virginia Tech shooter, Seung-Hui Cho, was diagnosed with severe depression and selective mutism (an anxiety disorder) during his teenage years; again this information was never reported to the NICS, allowing Cho to legally purchase the firearms he used during the Virginia Tech shooting.

No In 2012 alone, the NICS processed a total of 8,725,425 transactions and denied 88,479 in accordance with the Gun Control Act of 1968. Additionally, the NICS Index recently expanded to include state-prohibiting records. As of 2012, the NICS Index records totaled over 8.3 million, an increase of more than one million records over 2011. Currently, the NICS Section have initiated an outreach program in order to connect with local, state, tribal and federal agencies regarding the public safety value of sharing criminal history and related records with the NICS. As a result of the information-sharing commitment between the NICS and numerous local, state, tribal, and federal agencies, 47,675 dispositions (outcome of a court case, i.e. guilty) have been obtained by the NICS in 2012.

POSSIBLE SOLUTION
Introduce legislation that would require states to submit all records and dispositions regarding mental health information and drug use history to the NICS Index.

WHY DO THIS?
By requiring mental health information and drug use history to be included within the NICS and therefore referenced during the background check process, persons with a history of either would now be barred from purchasing any type of firearm. This would be successful in decreasing firearm violence because unstable people would now no longer have direct access to the purchase of firearms. The shooters responsible for both the Virginia Tech shooting and the Tucson, Arizona shooting would not have been able to legally obtain the firearms that they did.

WHY NOT DO THIS?

Requiring states to submit mental health information would be a direct violation of the Health Insurance Portability and Accountability Acts (HIPAA) Privacy Rule, which all private and state (individual or group) insurance plans must follow. Material protected under HIPAAs privacy rule specifically includes demographic information such as past or present, physical or mental health conditions. Any violation of this rule can cause up to $100,000 in fines combined with a one year prison sentence.
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SUMMARY

The Balancing Act of Gun Control

OPTION ONE
In an attempt to decrease gun violence in the United States, the government could implement an assault weapons ban that would ban all firearms possessing any of the following military-style characteristics: pistol grip, forward grip, second pistol grip, collapsible stock, folding stock, thumbhole stock, bump stock, barrel shroud, threaded barrel, grenade or rocket launcher, revolving cylinder (shotgun), or bullet button. This could be effective in decreasing firearm violence caused by assault weapons, much like the 1994 assault weapons ban. On the flip side, it may only decrease violence produced by assault weapons and have no significant effect on lowering gun violence as a whole.

How can we maintain our rights AND protect our lives?

OPTION TWO

The gun show loophole refers to individuals that sell firearms at gun shows, and because these individuals are not engaged in the business of selling firearms, they are not required to conduct background checks or other processes that a federally licensed dealer is required to do. In an effort to close the gun show loophole, the ATF could create an alternative to the federal firearms license for personal dealers to hold. In collaboration with the ATF, the United States government could require all OPTION THREE dealers at gun shows to hold a federally issued license. This would stop felons, and other The current background check system, the National persons who would not pass a background Instant Criminal Background Check System (NICS) is check, from being able to legally bypass the maintained by the FBIs Criminal Justice Information background check system. However, this Services Division. The NICS references four datamay impose a financial inconvenience on bases during its background check process known as these personal sellers or be considered an the National Crime Information Center, the Interstate invasion of their personal privacy. Identification index, the National Instant Criminal Background System Index, and the Immigration and Customs Enforcement. In order to decrease gun violence in the United States, legislation could be proposed requiring all mental health and drug use records be submitted to the NICS Index to be Jamie Dick referenced during the background check process. Aaron Capece This would insure that persons with a history of drug use or mental health issues would be barred from purchasing firearms. However, the Health Insurance Portability Acts (HIPAA) Privacy Rule protects mental health Information, from being shared; therefore mandating that information be submitted to the NICS Index in order to be referenced during a back ground check would be a violation of HIPAAs privacy rule.
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