Regulating Gun Sales

This excerpt from the “masterful, timely, data-driven” study of the gun control debate examines the potential of stronger purchasing laws (Choice). As the debate on gun control continues, evidence-based research is needed to answer a crucial question: How do we reduce gun violence? One of the biggest gun policy reforms under consideration is the regulation of firearm sales and stopping the diversion of guns to criminals. This selection from the major anthology of studies Reducing Gun Violence in America presents compelling evidence that stronger purchasing laws and better enforcement of these laws result in lower gun violence. Additional material for this edition includes an introduction by Michael R. Bloomberg and Consensus Recommendations for Reforms to Federal Gun Policies from the Johns Hopkins University.

Virtually every crime gun in the United States starts off as a legal firearm, "according to then-Bureau of Alcohol, Tobacco and Firearms (ATF) director Bradley Buckles. In a report, the ATF looked at how guns then "pass through the legitimate distribution system of federally licensed firearms dealers" before ending up in the hands of criminals. The ATF concluded, in part, that, "there is a large problem of diversion to the illegal market from licensed gun establishments". When a gun is recovered in a crime, the ATF can use the serial number on the gun to trace back to where it first left the legal market - tracing from the first sale of the firearm by an importer or manufacturer, to the wholesaler or retailer, to the first retail purchaser. In some cases, that first retail purchaser is the link between the legal and illegal markets. Looking at trace information, the ATF found that "a small group of dealers accounts for a disproportionately large number of crime gun traces". Over 85 percent of dealers in the U.S. had no crime guns traced to them at all in 1998, while about 1 percent of licensed firearm dealers accounted for 57 percent of traces that same year. The ATF also concluded that "sales volume alone cannot be said to account for the disproportionately large number of traces associated with those dealers". Gun control legislation is also analysed in this book.

For years proposals for gun control and the ownership of firearms have been among the most contentious issues in American politics. For public authorities to make reasonable decisions on these matters, they must take into account facts about the relationship between guns and violence as well as conflicting constitutional claims and divided public opinion. In performing these tasks, legislators need adequate data and research to judge both the effects of firearms on violence and the effects of different violence control policies. Readers of the research literature on firearms may sometimes find themselves unable to distinguish scholarship from advocacy. Given the importance of this issue, there is a pressing need for a clear and unbiased assessment of the existing portfolio of data and research. Firearms and Violence uses conventional standards of science to examine three major themes - firearms and violence, the quality of research, and the quality of data available. The book assesses the strengths and limitations of current databases, examining current research studies on firearm use and the efforts to reduce unjustified firearm use and suggests ways in which they can be improved.

"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner

This handbook is primarily for the use of persons in the business of importing, manufacturing, and dealing in firearms defined by the National Firearms Act (NFA) or persons intending to go into an NFA firearms business. It should also be helpful to collectors of NFA firearms and other persons having questions about the application of the NFA. This publication is not a law book. Rather, it is intended as a ?user friendly? reference book enabling the user to quickly find answers to questions concerning the NFA. Nevertheless, it should also be useful to attorneys seeking basic information about the NFA and how the law has been interpreted by ATF. The book's Table of Contents will be helpful to the user in locating needed information. Although the principal focus of the handbook is the NFA, the book necessarily covers provisions of the Gun Control Act of 1968 and the Arms Export Control Act impacting NFA firearms businesses and collectors.

Americans have a deeply ambivalent relationship to guns. The United States leads all nations in rates of private gun ownership, yet stories of gun tragedies frequent the news, spurring calls for tighter gun regulations. The debate tends to be acrimonious and is frequently misinformed and illogical. The central question is the extent to which federal or state governments should regulate gun ownership and use in the interest of public safety. In this volume, David DeGrazia and Lester Hunt examine this policy question primarily from the standpoint of ethics: What would morally defensible gun policy in the United States look like? Hunt's contribution argues that the U.S. Constitution is right to frame the right to possess a firearm as a fundamental human right. The right to arms is in this way like the right to free speech. More precisely, it is like the right to own and possess a cell phone or an internet connection. A government that banned such weapons would be violating the right of citizens to protect themselves. This is a function that governments do not perform: warding off attacks is not the same thing as punishing perpetrators after an attack has happened. Self-protection is a function that citizens must carry out themselves, either by taking passive steps (such as better locks on one's doors) or active ones (such as acquiring a gun and learning to use it safely and effectively). DeGrazia's contribution features a discussion of the Supreme Court cases asserting a constitutional right to bear arms, an analysis of moral rights, and a critique of the strongest arguments for a moral right to private gun ownership. He follows with both a consequentialist case and a rights-based case for moderately extensive gun control, before discussing gun politics and advancing policy suggestions. In debating this important topic, the authors elevate the quality of discussion from the levels that usually prevail in the public arena. DeGrazia and Hunt work in the discipline of academic philosophy, which prizes intellectual honesty, respect for opposing views, command of relevant facts, and rigorous reasoning. They bring the advantages of philosophical analysis to this highly-charged issue in the service of illuminating the strongest possible cases for and against (relatively extensive) gun regulations and whatever common ground may exist between these positions.