Framework for Action: 28 Ideas for State Executive Action to Prevent Gun Violence and Fight Gun...

8/20/2019 Framework for Action: 28 Ideas for State Executive Action to Prevent Gun Violence and Fight Gun Crime
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28 Ideas for State Executive Action to Prevent Gun Violence
and Fight Gun Crime
By Chelsea Parsons, Arkadi Gerney, and Tim Daly December 2015
http://slidepdf.com/reader/full/framework-for-action-28-ideas-for-state-executive-action-to-prevent-gun-violence 2/67
33 Enhanced community engagement
43 Enhanced regulation of the gun industry
51 Conclusion
54 Endnotes
Contents
Introduction and summary
I has been hree years since one o he naion’s mos horrific mass shooings: he
massacre a Sandy Hook Elemenary School. Te movemen o enac sronger gun
laws since ha ragedy has been characerized by wo seemingly conflicing rends.
In communiies across he counry, he groundswell o acivism and engagemen has
been unprecedened. Te public is demanding acion by local, sae, and naional
leaders o address he epidemic o gun violence in his counryno only regarding
he mass shooings ha garner he bulk o media atenion, bu also or he hou-
sands o shooing deahs ha oo ofen go unnoiced. Millions o Americans have signed peiions and pledges; called heir eleced represenaives; and organized
and atended rallies and vigils pleading or change. A he same ime, he ineria in
Congress has been inexorable, as our eleced represenaives have largely ailed o
heed hese calls or acion o enac he common sense legislaion ha is suppored
by a vas majoriy o Americans and would undoubedly save lives.1
Ye, in he ace o hese conflicing dynamics, here has been subsanial leader-
ship a he sae level o ake on he gun lobby and enac sronger gun laws. Since
2013, a number o saesincluding Colorado, Connecicu, Washingon sae,
and Oregonhave enaced new laws o require background checks or all gun
sales, closing he bigges loophole in he saes’ gun laws and bringing he oal
number o saes ha have implemened his law o 18.2 In addiion, 18 saes have
srenghened heir laws o preven domesic abusers rom having easy access o
guns.3 Tere has also been subsanial innovaion by many sae legislaures o
enac new approaches o gun violence: For example, in 2014, Caliornia enaced
a law o provide a flexible remedy or amily members o emporarily disarm
an individual who is experiencing a menal healh or oher personal crisis ha
increased heir risk o commiting an ac o gun violence.4
While acion in Congress remains challenging, sae leaders can coninue o
innovae and even go urher o proacively address gun violence in his counry.
One opporuniy ha has been underuilized in many saes is he opion o non-
legislaive acion o address gun violence. Sae execuivesincluding governors,
2 Center or American Progress | Framework or Action
atorneys general, public healh officials, and heads o sae policehave sub-
sanial auhoriy o implemen new regulaions, policies, and proocols in order
o address many differen aspecs o gun violence ha affec local communiies.
Acively exercising his auhoriy will have a real effec on boh reducing gun
violence and saving lives. A he same ime, his ype o execuive acion is crucial
o help bolser and suppor he legislaive effors ha are underway in many saeso srenghen gun laws in he ace o he gun lobby’s exreme pressure and opposi-
ion. Use o execuive auhoriy will also help spur and drive new legislaive effors
in saes ha have no ye been successul in his area.
In his repor, he Cener or American Progress offers 28 recommendaions
across six caegories or how sae execuives can ake nonlegislaive acion o
address various aspecs o gun violence in heir communiies:
Strengthening background checks
1. Issue guidance o licensed gun dealers o encourage hem o conduc volun-
ary background checks on behal o privae sellers
2. Require background checks or privae sales a gun shows ha are held on
publicly owned propery
3. Creae an ineragency working group o evaluae he sae’s progress in provid-
ing prohibiing records o he background check sysem
4. Apply or ederal gran unding o improve background check records
5. Ensure ha all domesic violence and drug abuse prohibiing records are pre-
validaed and flagged in he background check sysem
Enhanced enforcement of current laws
6. Invesigae and prosecue cases in which prohibied individuals atemp o
purchase guns rom licensed dealers and ail a background check
7. Creae a dedicaed gun crime invesigaive uni in sae and local police depar-
mens o ocus on illegal gun rafficking and gun crime
8. Creae an illegal gun ip line 9. Increase he use o echnology o solve gun crimes and preven shooings
Introduction and summary | www.americanprogress.
10. Implemen de-escalaion raining or police officers and increase he use o inde-
penden prosecuors in invesigaions o police officers who use lehal orce
11. Implemen a lehaliy assessmen program or officers who are responding o
domesic violence calls
12. Implemen saewide sandardized proocol requiring prohibied domesic
abusers o surrender all firearms in heir possession13. Provide guidance o local judges o ensure ha hey order he surrender o fire-
arms by domesic abusers in appropriae cases
Improved data collection and analysis
14. Require sae and local law enorcemen agencies o race all crime guns
15. Conduc an annual review o race daa o ideniy he larges sources o crime
guns in he sae
16. Creae an op-in program or law enorcemen agencies across he sae o
share race daa 17. Creae a review commission o sudy every gun-relaed deah in he sae
18. Improve saewide collecion o crime and gun deah daa
Enhanced community engagement
19. Implemen a violence-inervenion program in local hospial emergency
rooms or gunsho vicims
20. Implemen communiy-based programs o preven violen crime in vulnerable
communiies
Enhanced oversight of gun carrying
21. Conduc an annual review o concealed-carry permi reciprociy agreemens
wih oher saes and rescind hose agreemens wih saes ha ail o mee
cerain sandards
22. Conduc monhly background checks o ensure coninued eligibiliy or indi-
viduals who have been issued concealed-carry permis 23. Use exising criminal laws o discourage reckless acs o open carry
Enhanced regulation of the gun industry
24. Increase securiy measures and improve oher business pracices o gun
dealers
25. Creae a grading sysem or gun dealers ha incenivizes adopion o bes
pracices26. Use sae and local buying power o encourage bes pracices by gun manuac-
urers and dealers
27. Dives public unds rom gun manuacurers ha ail o adop bes pracices
28. Enorce sae sales ax laws on high-volume sellers o guns who have no
obained a ederal firearms license
o be sure, no every recommendaion is appropriae or easible in every sae.
Sae laws vary widely, and saes ofen ace varying challenges when i comes
o gun violence. Bu he lis o ideas offered in his repor is inended o presen
wide-ranging opions or sae execuives who are commited o aking real acion o address gun violence in heir communiies.
Strengthening background checks
Requiring a background check or all gun sales is a key componen o preven-
ing gun access by individuals who pose an increased risk o public saey. Federal
law currenly requires a background check only or gun sales ha are conduced
by a ederally licensed dealer, bu sales by unlicensed individualscommonly
reerred o as privae sellersare no required o include a background check. o
dae, 18 saes and Washingon, D.C., have aced o close his privae sale loophole
ha makes i easy or people who are prohibied rom gun possessionincluding
conviced elons, domesic abusers, and he seriously menally illo purchase a gun wihou a background check and wih no quesions asked.5 Tese laws have
proven o be effecive in reducing gun violence: In saes ha require background
checks or all handgun sales, 48 percen ewer people commi suicide wih guns, 46
percen ewer women are sho o deah by heir inimae parners, and 48 percen
ewer police officers are killed wih handguns.6 Moreover, daa rom saes ha have
eiher adoped or repealed universal gun check laws demonsrae he effeciveness
o such laws. In he decade since Connecicu enaced a law requiring individu-
als o obain a permiand pass a background checkbeore being allowed o
purchase a handgun, he sae has seen a 40 percen reducion in firearm homicides.
In Missouri, where he sae legislaure voed in 2007 o repeal a similar permi-o-
purchase requiremen ha also included a background check or all handgun sales,
firearm homicides have increased by 25 percen.7 While passing background checks
legislaion is key o reducing gun violence, here are a number o nonlegislaive
acions ha sae execuives can ake o srenghen he background check sysem
and reduce he number o guns ha are sold wihou a background check.
1. Issue guidance to licensed gun dealers to encourage them to conduct
voluntary background checks on behalf of private sellers
Alhough privae sellers are no required o conduc a background check beore
selling a gun in mos saes, his does no mean ha hey are prevened rom
doing so. In ac, privae sellers should be encouraged o seek ou a background
check beore selling a gun o ensure ha a prospecive buyer is no prohibied
under sae or ederal law rom possessing guns. In mos saes, privae individu-
als do no have direc access o he gun background check sysem; however, hey
may seek he assisance o a licensed gun dealer o conduc he check on heir
behal. In January 2013, as par o his package o 23 execuive acions o address
gun violence, Presiden Barack Obama direced he Bureau o Alcohol, obacco,Firearms and Explosives, or AF, o make i clear ha his was an appropriae
use o he Naional Insan Criminal Background Check Sysem, or NICS.8 AF
subsequenly issued a leter o all licensed gun dealers advising hem ha hey may
access NICS o conduc volunary checks or privae sellers.9
Saes, oo, can ake acion o encourage licensed dealers o aciliae background
checks or privae sales.10 For example, in 2009, he Maine Deparmen o Public
Saey issued a leter o all licensed dealers in he sae, inviing hem o parici-
pae in a volunary program o conduc background checks or privae sales.11 Te
Deparmen o Public Saey hen compiled a lis o paricipaing dealers and made i publicly available so ha privae sellers who were seeking his service would
know which dealers had agreed o provide i.12 Tis was par o a larger program in
Mainehe Gun Sellers Awareness Campaigndesigned o educae gun dealers
abou he risks o selling guns o prohibied purchasers.13 A growing number o
gun dealers around he counry have begun offering his service. For example, a
licensed gun dealer in Kingson, ennessee, began offering ree background checks
or privae sales in June 2015, and a leas wo oher dealers in he local area have
similar policies.14 Te dealer explained ha his policy was driven by he needs o
he communiy, saying, “Tere is a growing senimen ha privae sellers should do
more o ensure guns don’ all ino he hands o he wrong people.”15
Oher saes should ollow Maine’s example o no only educaing dealers in he
sae abou he availabiliy o he background check sysem o aciliae privae
sales bu also encouraging hem o use he sysem or his purpose.
2. Require background checks for private sales at gun shows that are held on
publicly owned property
Gun shows, wih heir combinaion o gun sales by licensed dealers and privae
sellers, provide a unique environmen or commerce in firearms and pose a
heighened risk o illegal sales. A 2000 sudy by AF reviewed 1,500 ederal gun
Strengthening background checks | www.americanprogress.
rafficking invesigaions and ound ha a leas 26,000 firearms had been divered
o he illegal secondary marke rom gun shows. I ound ha gun shows are he
second larges source o illegally rafficked guns afer corrup dealers, wih 30
percen o he guns ha were involved in ederal gun rafficking prosecuions over
a wo-and-a-hal-year period having a connecion o gun shows.16 Gun shows are a
known venue or illegal gun sales: A 2009 invesigaion by he Ciy o New York oseven gun shows in Nevada, Ohio, and ennessee ound ha 63 percen o privae
sellers a hese gun shows were willing o sell a firearm o buyers who indicaed
ha hey could no pass a background check.17 Some sae execuives have begun
o recognize he need or increased oversigh o gun shows: For example, in 2013,
New York Atorney General Eric Schneiderman creaed a comprehensive se o
bes pracices or gun show promoers o minimize he risk o illegal sales a hese
venues ha was volunarily adoped by all promoers in he sae.18
While here is no cenral lis o gun shows held across he counry, review o a
ew websies reveals ha gun shows are ofen held on sae-owned propery, such as sae and couny airgrounds and convenion ceners. For example, according
o jus one gun show lisings websiegunshows-usa.comhere were a leas
381 gun shows across he counry ha were held on sae or couny airgrounds
beween January and Ocober 2015.19 Sae or local execuives should use exising
regulaory auhoriy over he operaion o hese sae- or couny-owned venues o
require background checks or all sales a gun shows held on hese premises. Some
local jurisdicions have atemped o use heir auhoriy as owners or managers o
hese properies o require ha background checks are conduced on all sales a
gun shows ha are hosed in hese venues. For example, in January 2014, couny
commissioners in ravis Couny, exas, declined o renew he lease or he Saxe
Gun Show a he couny-owned Exposiion Cener afer he show promoer
reused he couny’s reques o require background checks or all gun sales a he
show.20 Sam Biscoe, a couny judge and chairman o he couny commissioners,
laid ou he raionale behind he decision no o renew he lease, explaining, “I
you use a public aciliy o sell guns, we really ougha have background checks
done. Or don’ use he aciliy.”21 Similarly, in February 2013, he ucson Ciy
Council passed a resoluion requiring background checks or all gun sales a
gun shows held on ciy-owned or managed propery.22 While his was an acion
by a legislaive body, i was no a binding ordinance, bu raher, as described by Council Member Seve Kozachik, “[A] condiion o using our propery.”23
In addiion o his ype o conracing auhoriy over sae-owned venues, a
number o saes have graned rulemaking auhoriy o adminisraive bodies ha
could permi his ype o acion. For example, he Iowa legislaure creaed a sae
air auhoriy and board o organize he annual sae air and oher evens on he
sae airgrounds.24 Te saue provides ha he sae air board has “cusody and
conrol” over he airground and may gran permission o vendors o sell goodson air propery “under rules he board prescribes.”25 Te sae air auhoriy hen
implemened numerous adminisraive rules governing he conduc o various
ypes o evens ha are held on he airgrounds, including horse shows26 and arm
animal sales.27 I also issued adminisraive rules or permissible conduc in each o
he aciliies on he airgrounds.28 Te Iowa sae air board could use his admin-
israive auhoriy o prescribe rules and sandards or evens held on he sae
airgrounds, including a mandae ha any gun show held on he propery require
a background check or every sale. Indeed, in 2004, he sae air board considered
such a proposal bu ulimaely ailed o enac i.29
Sae execuives should examine wheher any gun shows are regularly held on
sae-owned or managed propery and use heir auhoriy o ensure ha back-
ground checks are perormed or all sales a hese evens. Local execuives can
engage in he same exercise or couny or municipal propery.
3. Create an interagency working group to evaluate the state’s progress in
providing prohibiting records to the background check system
Since he enacmen o he Brady Handgun Violence Prevenion Ac in 1993,
ederally licensed gun dealers have been required o conduc a background check
prior o compleing every gun sale.30 o aciliae hese checks, he Federal Bureau
o Invesigaion, or FBI, creaed he Naional Insan Criminal Background Check
Sysem in 1998. NICS is a sysem ha queries a number o daabases o deermine
wheher an individual is eligible o purchase a gun.31 In addiion o using NICS,
saes may esablish heir own background check sysem and conduc heir own
checks or gun sales ha occur wihin he sae. Currenly 13 saesreerred o
as Poin o Conac Saeshave oped o conduc heir own background checks
or all gun sales. An addiional seven saesknown as Parial Poin o Conac Saeshave eleced o conduc heir own background checks or handgun sales
or or handgun permi applicaions, bu hey rely on he FBI o conduc back-
ground checks or he sale o long guns.32
Strengthening background checks | www.americanprogress.
I was he 2007 massacre a Virginia ech ha firs highlighed he shorcomings
in record submission o he background check sysem. Te shooer in ha inciden
was legally prohibied rom purchasing a gun because o his menal healh hisory,
ye he was able o buy he guns ha he used o kill 32 people because he record o
his involunary menal healh reamen had no been provided o he background
check sysem. 33
Since ha ime, a number o saes have aken seps o evaluaeheir success in ensuring ha gun-prohibiing records are provided o NICS and
o ideniy areas or improvemen. For example, in 2012, wih gran unding rom
he U.S. Deparmen o Jusice, he Arizona Criminal Jusice Commission creaed
a NICS ask Force o ideniy problems wih reporing prohibiing records o he
background check sysem, as well as o develop soluions o address hose gaps.34
Te ask orce included 76 members rom a variey o local, sae, and ederal
agencies, including police deparmens, prosecuors, correcions, cour adminis-
raors, public healh officials, eleced officials, and criminal jusice policymakers.35
Te ask orce examined challenges or all caegories o prohibiing records and
developed a comprehensive se o long-erm recommendaions, which included esablishing clear proocol or who is responsible or enering and updaing crimi-
nal jusice inormaion; creaing a “score card” o measure each couny’s progress
in mainaining accurae criminal hisory records; engaging in “criminal jusice
process mapping” o undersand how each municipal and couny criminal jusice
sysem handles criminal records; and providing couny-specific echnical assis-
ance.36 Te ask orce also offered recommendaions ha were specific o each
caegory o prohibiing record.37 Similar ask orces have been creaed in a number
o oher saes, including Alabama, Nevada, New York, and Oregon.38 In February
2013, Connecicu Gov. Dannel Malloy (D) issued a series o execuive acions o
address gun violence ha included a direcion o sae agencies o evaluae exising
proocols or providing inormaion o he background check sysem.39
While many saes have relied on ederal unding o suppor hese ask orces,
saes need no wai or an influx o new unding o begin ideniying gaps in
he flagging and submission o records o he background check sysem. Sae
execuives can begin he process: Convene all o he sakeholders in he sae and
reques ha sae leaders in law enorcemen, cour adminisraion, and menal
healh review he sae’s pracices or providing prohibiing records o NICS and
ideniy areas where gaps exis. Tis inormaion can hen provide a basis or a gran applicaion or ederal unding in order o address hese issues.
4. Apply for federal grant funding to improve background check records
In response o he record submission issues ha were brough o ligh by he
Virginia ech shooing, Congress enaced he NICS Improvemen Ac in 2008,
providing incenives or saes o submi all relevan menal healh prohibiing
records o he background check sysem and creaing a new ederal gran undingprogramhe NICS Ac Record Improvemen Program, or NARIPo provide
unding o he saes in order o improve records submission.40 Since 2009, 26
saes have received gran unding hrough his program or a oal o $72.3 mil-
lion.41 Many o hese saes saw subsanial improvemens over a shor period in
erms o he number o menal healh records submited o NICS.42 For example,
rom Augus 2010 o Sepember 30, 2015, menal healh records in NICS
increased our-old rom approximaely 864,962 o more han 4.1 million.43 Over
he same period, background check denials due o menal illness increased by 65
percen, which means ha he sysem became much more effecive a preven-
ing people rom buying guns who were prohibied because o heir menal healh hisory.44 In 2015, an addiional $14.5 million was appropriaed o he NARIP
gran program, bringing he oal amoun o available gran unding o $73 million
afer an unprecedened biparisan voe in he U.S. House o Represenaives.45
Currenly, roughly hal o he saes are eligible o apply or his gran unding,
and, in 2014, 17 saes received NARIP grans.46
A second ederal gran program is available o all 50 saes o help improve crimi-
nal hisory records. Te Naional Criminal Hisory Improvemen Program, or
NCHIP, is unded by he Bureau o Jusice Saisics and provides gran und-
ing or saes o improve he “qualiy, imeliness, and immediae accessibiliy o
criminal hisory records and relaed inormaion.”47 Tis gran unding can be used
o address many differen aspecs o criminal hisory records, including increasing
personnel o conduc audis and perorm manual daa enry; upgrading records
and case managemen sysems; and improving inormaion sharing across agen-
cies.48 Te gran process akes place on an annual basis, and since NCHIP’s incep-
ion in 1995, $598,716,045 has been awarded o all 50 saes.49 While i is no
specifically inended o improve records or firearm background checks, NCHIP
unding can be used a he sae level o address many aspecs o criminal hisory
records ha are queried during NICS checks. For example, NCHIP unding could be used o improve a sae’s submission o arres warran records o he FBI. Tis
improved submission would address a serious gap in reporing ha includes he
records o millions o ugiives who are prohibied rom buying guns bu whose
records have no been provided o he background check sysem.50
Strengthening background checks | www.americanprogress.o
Sae execuives should ake advanage o his ederal unding and apply or grans
o address gaps in reporing o he background check sysem. o address issues
ha affec he success o a sae’s background check sysem, sae leaders should
also consider oher sources o ederal unding, such as he Violence Agains
Women Ac’s SOP Formula Gran Program, which provides unding or he
criminal jusice response o domesic violence. 51

5. Ensure that all domestic violence and drug abuse prohibiting records are
pre-validated and flagged in the background check system
While earlier effors o address record submission gaps have ocused primarily
on menal healh prohibiing records, similar challenges are presen regarding
oher caegories o records, specifically hose relaing o domesic violence and
drug abuse. A ocus on ensuring ha domesic violence prohibiing records are
provided o he background check sysem is crucialno only because o he increased risk o homicide when abusers have access o guns, bu also because
gaps in he reporing o domesic violence records have been implicaed in oher
mass shooings. For example, 15-year-old Jaylen Fryberg sho and killed our o
his classmaes in Marysville, Washingon, in 2014 using a gun ha was purchased
by his aher, Raymond Lee Fryberg Jr. Raymond had a permanen domesic vio-
lence proecion order agains him ha should have prevened him rom purchas-
ing a gun. However, he record o his order was no provided o he FBI by he
ribal cour ha issued i, and he was able o pass a background check and buy he
gun laer used by Jaylen in his atack.52
Federal law prohibis domesic abusers rom buying or possessing guns under wo
circumsances: i hey have been conviced o a misdemeanor crime o domesic
violence or are subjec o a domesic violence resraining order.53 Federal law
also prohibis anyone who is “an unlawul user o or addiced o any conrolled
subsance” rom buying or possessing a firearm.54 When an individual seeks o
buy a gun rom a licensed dealer and a background check is run, hree daabases
are queried: he Naional Crime Inormaion Cener, or NCIC, which houses
inormaion abou ugiives and resraining orders; he Inersae Idenificaion
Index, or III, which conains records regarding arress and convicions; and he NICS Index, which conains oher records relaing o prohibied purchasers, such
as menal healh prohibiing records.55
While he vas majoriy o background checks are compleed immediaely,
roughly 9 percen o checks require addiional ime o deermine i a record in one
o hese daabases prohibis an individual rom owning a gun.56 Federal law allows
hree business days or his addiional invesigaion; i he check has no been
compleed in hose hree days, he dealer has he discreion o complee he sale
a ransacion reerred o as a “deaul proceed.” 57
I, afer a deaul proceed ransac-ion, he FBI or sae agency deermines ha he individual was, in ac, prohibied
rom gun possessiona ransacion reerred o as a “delayed denial”he dealer
is noified, and he mater is reerred o AF in order o rerieve he gun.58
Deaul proceed cases pose a paricular risk o public saey because hey are
eigh imes more likely han background checks ha are resolved immediaely
o involve prohibied purchasers.59 Te risk o hese ransacions was highlighed
in June 2015 when i was discovered ha he perperaor o he mass shooing a
Emanuel AME Church in Charleson, Souh Carolina, bough his gun hrough
a deaul proceed ransacion. Tis occurred afer errors in his criminal record prevened he FBI examiner rom discovering ha he admited o illegal drug pos-
session during an arres and was hereore prohibied rom buying a gun.60
Addiionally, daa shows ha delayed denial cases ofen involve individuals who
are prohibied because o domesic violence. In 2003, he las year hese daa are
available, domesic violence prohibiors made up he larges caegory o delayed
denial ransacions, accouning or 34 percen o hese cases.61 Tis is more han
wice he porion o denials based on domesic violence ha occur during ypical
background checks ha are resolved immediaely.62
Tere are a ew reasons ha domesic violence and drug abuse prohibiing records
pose an increased challenge during gun background checks and can require addi-
ional invesigaion. Firs, many criminal hisory records in III are incomplee and
do no have inormaion abou how an arres was resolved, so i may no be clear
as o wheher an individual was acually conviced o a gun-prohibiing crime.
Second, he ederal definiion o misdemeanor crime o domesic violence does
no always align wih a sae’s criminal code, so i may no be readily apparen
rom he record wheher a misdemeanor assaul convicion has all o he requisie
elemens o be ederally prohibiingor example, wheher he crime occurred beween people in a qualiying relaionship. Similar issues ofen arise when here
is an indicaion o i llegal drug possession in a criminal record. Federal law bars
gun buying or anyone who is an “unlawul user” o a conrolled subsancea ca-
egory ha is urher defined by regulaion and FBI proocol o include individuals
Strengthening background checks | www.americanprogress.o
who have a hisory o repeaed drug possession arress or who admi o unlawul
possession during he course o an arres.63 Wheher a drug-relaed arres ha
appears in a NICS background check is gun prohibiing requires a more deailed
invesigaion by an FBI NICS examiner, which ofen requires inquiries o local law
enorcemen, who mus search heir records or key inormaion.64
One way or sae and local law enorcemen o alleviae he need or his ype o
addiional invesigaion and minimize he number o deaul proceed and delayed
denial ransacions is or hose agencies o prescreen and pre-validae hese
records as gun prohibiing. Pre-validaion involves flagging an individual’s criminal
hisory recordeiher relaing o an arres, convicion, or resraining orderi i
is one ha prohibis he individual rom purchasing a gun under sae or ederal
law. Boh NCIC and III have an opion o flag a record as gun prohibiing, ye as
o 2012, only 22 saes are using hese flags.65 Pre-validaing and flagging hese
records would eliminae any ambiguiy when he FBI NICS examiner is rying
o deermine i an individual’s criminal hisory renders hem ineligible or gun possession, and i would reduce he number o cases ha require an exensive,
ime-consuming invesigaion. Connecicu has begun o pre-validae records o
misdemeanor domesic violence convicions as gun prohibiing and has creaed a
orm or sae criminal cour judges o use o affirmaively indicae ha a convic-
ion renders he deendan barred rom buying guns under ederal law.66
Sae execuives should ake he ollowing seps o ensure ha domesic violence
and drug abuse prohibiing records are properly idenified in NICS:
• Esablish a proocol or sae and local police agencies o proacively assess
wheher a domesic violence misdemeanor convicion or resraining order or a
drug-relaed arres is sufficien o disqualiy he individual rom gun possession
• Ensure ha his proocol includes he use o he Brady flag in boh III and
NCIC o affirmaively indicae ha he individual is barred rom buying or
possessing a gun
Enhanced enforcement
of current laws
A common rerain rom he gun lobby and hose who oppose srenghening gun
laws is ha new gun laws are no necessarywe simply need o enorce he laws
ha are already on he books.67 While his is an overly acile assessmen o he cur-
ren sae o he naion’s gun laws, i is rue ha here is much ha sae and local
law enorcemen can do o aggressively and effecively enorce exising gun laws
in order o reduce he illegal rafficking o firearms, preven prohibied individuals
rom having easy access o guns, and preven gun violence in he communiy.
6. Investigate and prosecute cases in which prohibited individuals attempt
to purchase guns from licensed dealers and fail a background check
When an individual atemps o buy a gun rom a licensed dealer, hey are
required o complee a ormcommonly reerred o as a 4473ha asks or cer-
ain ideniying inormaion abou he individual, as well as specific quesions o
ascerain wheher he individual is prohibied rom buying a gun.68 Lying on his
orm is a ederal crime, punishable by up o 10 years in prison.69 However, ederal
prosecuions o his conduc are rare. In 2009, he FBI reerred 71,010 cases o
a prohibied purchaser atemping o buy a gun rom a ederally licensed dealer
o AF. Afer urher invesigaion and he applicaion o reerral crieria ha
was developed joinly by AF and he U.S. Atorney’s Offices, he U.S. atorney
ulimaely acceped only 77 o hese so-called lie-and-ry-o-buy cases or prosecu-
ion.70 In addiion o being a violaion o ederal law, providing alse inormaion o
a gun dealer in connecion wih a prospecive purchase may also violae sae laws
regarding making alse saemens.71
Te ac ha an individual who is prohibied rom gun possession even atemped o buy a gun can be a crucial piece o inormaion o local law enorce-
men abou he poenial risk ha person poses o public saey in heir com-
muniy. Some saes have begun o ake hese lie-and-ry-o-buy cases more
seriously by invesigaing and, when appropriae, prosecuing offenders or his
illegal conduc. In 2014, Oregon implemened new saewide proocols or police
on how o invesigae background check denials: When an individual ails a
background check a a gun sore, he sae police are alered hrough he sae’s
Firearm Insan Check Sysem, and sae roopers are dispached immediaely ohe dealer o invesigae.72 In he firs six monhs o he program, 1,071 firearm
denial invesigaions were iniiaed, and 462 cases were reerred o he disric
atorney or prosecuion.73
Virginia sae police have also aggressively invesigaed individuals who have ailed
background checks. Since 2000, he sae police noiy local law enorcemen
when a residen o is jurisdicion ails a background check, and he local police
conduc urher invesigaion. Tis process has resuled in a number o criminal
prosecuions.74 In addiion, Virginia sae roopers have improved enorcemen o
curren gun laws and background checks a gun shows, and arress o individuals who were illegally atemping o buy guns a gun shows rose in he firs hree years
afer enorcemen effors began in 2011.75 In Pennsylvania, oo, he Sae Police
Firearms Division iniiaes invesigaions whenever a denial is issued. Beween
1999 and 2013, a oal o 1,627 prohibied individuals were conviced or illegally
atemping o buy firearms in he sae.76
Proacively invesigaing and prosecuing lie-and-ry-o-buy cases is much easier
in Poin o Conac saeshose ha operae heir own gun background check
sysembecause he invesigaing agency is also he agency ha conducs he
background check and hus has real-ime access o denial daa. However, his ype
o proacive approach is also possible in non-Poin o Conac saes ha rely on
he FBI o conduc background checks or gun sales wih cooperaion rom AF
and he FBI. For example, when an individual ails a background check because o
an ousanding arres warran, he FBI conacs he law enorcemen agency ha
issued he warran and noifies i o he atemped purchase, as well as he locaion
o he gun dealer.77 Sae execuives in hese saes should work wih AF and he
FBI o develop sandardized proocol or sharing inormaion abou NICS denials
wih sae law enorcemen agencies in order o aciliae acive enorcemen o
hese crimes.
Enhanced enorcement o current laws | www.americanprogress.o
7. Create a dedicated gun crime investigative unit in state and local police
departments to focus on illegal gun trafficking and gun crime
o ensure a dedicaed and specially rained ocus on gun crime in local communi-
ies, some jurisdicions have creaed specific gun crime invesigaion unis or, in
smaller deparmens, have designaed several officers o ocus exclusively on guncrime. In Augus 2014, Delaware Gov. Jack Markell (D) announced he creaion
o a gun invesigaion uni wihin he sae police. Tis invesigaive uni ocuses
on illegal gun sales and rafficking in he sae and invesigaes illegal ransers o
firearms, possession by prohibied purchasers, and he reporing o los and solen
firearms.78 In 2013, Maryland enhanced is gun rafficking enorcemen wih he
creaion o a gun rafficking ask orce and a dedicaed gun cener ha provides
assisance o local law enorcemen agencies on cases involving guns.79 During he
firs year ha he Maryland Gun Cener was in operaion, is saff received 2,828
requess or assisance rom sae and local police. Te Maryland Gun racing
ask Forcea join operaion o law enorcemen agencies across he sae, as well as AFseized 723 guns, made 71 arress, and execued 70 search warrans as a
resul o crime gun race inormaion in 2013 alone.80 Many local police agencies
have also begun developing heir own dedicaed gun invesigaive capaciy. In
Kansas Ciy, Missouri, local police creaed an Illegal Firearms Squad comprised o
local officers and AF agens. Te squad invesigaes he nework o illegal guns
across he larger meropolian area.81 In Fresno, Caliornia, he ciy expanded is
gun crime uni ollowing a sudden upick in violen crime in 2015. Te gun crime
uni was creaed in 2012, bu i had only one deecive unil our deecives and
a sergean were recenly added o he ull-ime uni.82 Similarly, in Jacksonville,
Florida, he sheriff ’s office has a gun crime invesigaion uni, he aim o which
is o reduce gun violence by ocusing invesigaions on illegal gun neworks. Te
Jacksonville uni is a parnership beween he sae and he couny; he uni works
wih AF and he sae atorney’s office, and i also has a special agen rom he
Florida Deparmen o Law Enorcemen.83
As AF coninues o sruggle wih resource limiaions and oher burdens on
is abiliy o effecively ocus on illegal firearms rafficking,84 sae leaders should
work o fill his gap and ensure a robus enorcemen effor a he sae level. Sae
leaders should work wih law enorcemen o ensure a dedicaed ocus on gun ra- ficking and gun crime in police agencies across he sae.
8. Create an illegal gun tip line
In addiion o conducing proacive invesigaions ino illegal gun rafficking and
use o guns in crimes, law enorcemen can also encourage civilians o help sem
he use o illegal guns in heir communiies by implemening a ip line. Tese
programs ypically pay beween $100 and $2,000 or inormaion relaed o illegalguns.85 Tis ype o program has been implemened a he sae level; in large
ciies, including Washingon, D.C., Philadelphia, and Balimore; and in small
communiies such as Jamesown, New York.86 Despie some criicism regarding
he effeciveness o such programs,87 here have been angible resuls. A ip line
operaed by he Miami-Dade Couny Police Deparmen received more han
2,400 ips beween June 2007 and February 2011, resuling in he confiscaion o
535 guns, he arres o 329 perperaors, and he solving o hree homicide cases.88
Operaion Gun Sop in New York Ciy offers a reward o $1,000 or anonymous
ips, and he program has resuled in he recovery o 3,350 illegal guns since i was
creaed in 2001.89 In Ocober 2015, Virginia Gov. erry McAuliffe (D) announced he creaion o an illegal gun ip line ha will be operaed by he sae police.90
Sae police should consider implemening a saewide crime gun ip line as a
means o provide civilians an anonymous mechanism o repor illegal guns in
heir communiy o help ake dangerous weapons off he sree.
9. Increase the use of technology to solve gun crimes and prevent shootings
Tere are a number o echnology-based producs and services available o sae
and local law enorcemen o help solve gun crimes and more effecively respond
o gun violence. One is he Naional Inegraed Ballisic Inormaion Nework, or
NIBIN, which is an “inersae auomaed ballisic imaging nework” ha AF cre-
aed in 1999.91 I allows law enorcemen agencies o ener shell casing evidence
ino a daabase and search or maches rom evidence colleced a oher crime
scenes rom any jurisdicion across he counry.92 When a gun is fired, i leaves
a number o unique marksknown as ool markson he bulle and he spen
carridge case. Because hese marks are unique o each gun, hey can serve as a
fingerprin or a gun and allow invesigaors o connec bulles or casings o a specific gun, as well as o hose lef a oher crime scenes.93 Since 1999, more han 2.4
million shell casings have been caalogued in NIBIN, resuling in 68,000 maches
beween crime scenes.94
Despie NIBIN’s enormous poenial o help solve individual gun crimes and
ideniy larger paterns and rends in criminal use o guns in communiies,
evaluaions o he program have ound ha AF and local law enorcemen
largely underuilize he daabase.95 However, some jurisdicions have developed
innovaive new programs o enhance he use o ballisics imaging echnology
and NIBIN in order o help solve local gun crime. In January 2013, he DenverPolice Deparmen creaed a new parnership wih AF called he Crime Gun
Inelligence Cener, or CGIC, o enhance he ciy ’s use o ballisics and crime gun
racing.96 Te primary goal o he CGIC is o engage in real-ime ballisics analysis
wih a goal o analyzing shell casings using NIBIN wihin 24 o 72 hours ollowing
a shooing.97 Tis emphasis on speed allows invesigaors o use ballisics evidence
o generae leads much more quickly as a way o help apprehend acive shooers.98
As o April 2015, his program has aided invesigaions o more han 50 shoo-
ings and led o he arres o a leas 35 individuals.99 Similar programs have been
launched in Chicago, Boson, and New Orleans.100
Anoher echnology ha can assis law enorcemen in more effecively respond-
ing o and ulimaely prevening shooings in he communiy are gunsho deec-
ion sysems. Tis echnology recognizes he sound o gunshos and relays he
locaion o a shooing o police almos immediaely, allowing law enorcemen o
respond even i a call is never placed o 911. Tis echnology fills an imporan gap
in police response o shooings, as many go unrepored o police. For example, in
he firs monh ha his echnology was in place in one communiy in Brooklyn,
New York, he sysemprovided by he company ShoSpoterdeeced 55
shooing incidens, bu only 12 o hose cases were repored o law enorcemen
hrough a 911 call.101 Relying solely on ciizens o repor incidens ha involve
gunfire means ha police are no able o adequaely respond o many shooings
and, in urn, canno adequaely assess he level o gun violence in a communiy
or develop argeed soluions o address i. In addiion o enhancing he police
response o shooings in communiies ha experience boh high levels o gun
violence and low raes o reporing, gunsho deecion echnology can provide law
enorcemen wih increased daa abou he naure o gun violence in he commu-
niy and rends in shooings, including locaions ha mos requenly experience
shooings; he ime o day and day o he week when such incidens are more
likely o occur; and shooings ha occur wihou a vicim bu sill negaively effec communiy healh.102 Some police deparmens are also using his inormaion o
increase heir engagemen wih he communiy. In Sepember 2015, he Deroi
Police Deparmen announced a new program in which voluneers would knock
on doors in he immediae area where gunshos were deeced hree days afer a
shooing and inorm residens ha shos had been heard and offer inormaion
abou local communiy services.103
Sae execuives should inves in echnological innovaionsincluding expanded
use o NIBIN and gunsho deecion echnologyo provide addiional ools orlaw enorcemen o effecively address gun violence in he communiy.
10. Implement de-escalation training for police officers and increase the
use of independent prosecutors in investigations of police officers who use
lethal force
A number o high-profile police killings o unarmed Arican Americansinclud-
ing Michael Brown in Ferguson, Missouri; Eric Garner in Saen Island, New York;
and Waler Scot in Norh Charleson, Souh Carolinahave ocused atenion on he use o lehal orce by police officers and raised a number o quesions abou
hese incidens, including how ofen hey occur and he mos effecive mehods
or invesigaing hem. Regarding requency, in he pas, here had been exremely
limied daa on he number o incidens in which police officers use lehal orce
agains civilians. Reporing o hese incidens o he FBI has been nooriously
flawed and incomplee, which has lef a significan daa gap.104 However, his year,
wo media oules have sepped in o begin o fill his gap, racking all insances o
police officer killings o civilians in real ime using media repors o hese inci-
dens. Te Guardian has been couning all police-caused aaliies,105 while Te
Washington Post has been racking every insance o a police officer’s aal shooing
o a civilian.106 Te resuls o hese projecs have been asounding and provide an
unprecedened look a he requency wih which police officers use lehal orce.
Tis new inormaion, coupled wih he growing lis o unarmed Arican
American men killed by officers, has led o numerous calls o revisi police rain-
ing on de-escalaion sraegies. A survey o police agencies ha was conduced by
he Police Execuive Research Forum in spring 2015 ound ha police recruis
receive an average o 58 hours o raining on he use o firearms and 49 hours o
raining on deensive acicsbu only 8 hours o raining on de-escalaion. 107
Preparing officers o de-escalae poenially dangerous ineracions wih he public
is crucial84 percen o he police killing o civilians couned by Te Guardian
involved individuals who were armed wih a weapon. Many o hese incidens
were likely legally jusified; however, i is cerainly no a desirable oucome or
sociey o have police officers using lehal orce a his rae. Officers hereore need
o be provided wih ools and sraegies or de-escalaing conflics, as well as wih
alernaives o he use o lehal orce. A number o jurisdicions around he coun-
ry have begun o improve his aspec o police officer raining, including Seatle,
Kansas Ciy, Los Angeles, and Las Vegas.108 In he “Final Repor o he Presiden’s
ask Force on 21s Cenury Policing,” one o he recommendaions is or lawenorcemen raining on he use o orce “o emphasize de-escalaion” and include
a ocus on use o “less han lehal echnologies.”109 A recen CAP repor offering
recommendaions or improving police-communiy relaions in Balimore like-
wise recommended ensuring ha all police officers in ha ciy receive raining on
de-escalaion echniques.110
In addiion o hese saggering numbers, a second issue ha has received inensive
scruiny is he procedures in place or invesigaing cases in which a police officer
kills a civilian. In many jurisdicions, hese incidens are simply invesigaed in he
same manner as any oher criminal case by he local prosecuors. Te wisdom o his approach has been quesioned ollowing he ailure o local prosecuors o
obain grand jury indicmens in some o hese cases, paricularly in he deahs o
Michael Brown and Eric Garner. One concern wih placing he responsibiliy or
such invesigaions wih he local prosecuor’s office is ha he prosecuors are
no always able o remain imparial in hese cases because o heir close working
relaionship wih he police deparmen upon which hey rely on o assis wih
invesigaions and prosecuions.111
Some jurisdicions have addressed his poenial conflic o ineres by employing
special or independen prosecuors o invesigae allegaions o improper use o
orce by police officers. For example, Maryland has esablished an independen
special prosecuor’s office ha handles a variey o cases, including allegaions o
police misconduc.112 In July 2015, New York Gov. Andrew Cuomo (D) issued an
execuive order appoining he New York sae atorney general as a special prose-
cuor “in maters relaing o he deahs o unarmed civilians caused by law enorce-
men officers,” as well as o “review cases where here is a quesion o wheher he
civilian was armed and dangerous a he ime o his or her deah.”113
Now ha here are more accurae daa abou he requency wih which police officers use lehal orce agains civi lians, sae leaders in law enorcemen need
o ake seps o address his orm o violence in he communiy and ensure ha
police officers are resoring o lehal orce only in rare circumsances. Sae exec-
uives should implemen subsanial de-escalaion raining or police officers
saewide, providing officers wih ools and sraegies o de-escalae poenially
dangerous encouners wih civilians as an alernaive o using lehal orce. In
addiion, sae leaders should consider opions or using independen prosecu-
ors who do no have a close working relaionship wih he local police depar-
men o invesigae use-o-orce cases in order o ensure appropriae oversigh
and accounabiliy in hese cases.
11. Implement a lethality assessment program for officers who are
responding to domestic violence calls
Te risk ha a vicim o domesic violence will be killed increases subsanially
when an abuser has access o a firearm. Having a gun in he home increases he
risk o homicide o an inimae parner by eigh imes compared o households
wihou guns and by 20 imes when here is a hisory o domesic violence in
he amily.114 I is hereore crucial ha officers who are responding o domesic violence calls ake seps o deermine wheher an abuser has access o guns and
wheher here are oher acors ha increase he risk o homicide. o aciliae his
process, domesic violence advocaes and researchers have developed an evi-
dence-based ool o help police officers assess wheher a vicim o domesic vio-
lence is a an increased risk or lehal violence. Tis approach, commonly known
as a Lehaliy Assessmen Program, or LAP, has been pioneered by he Maryland
Nework Agains Domesic Violence, which creaed is program in 2005.115 In a
jurisdicion ha has implemened a LAP, a responding officer uses wha is called
a Lehaliy Screen o ask he vicim a series o evidence-based quesions o assess
wheher she or he aces an increased risk or homicide. Tis survey includes ques-
ions abou he abuser’s access o guns; previous use or hreas o use a weapon
agains he vicim; wheher here has been a hrea o kill eiher he vicim or
children; and oher specific pas violen or hreaening behavior.116 LAP proocol
hen requires he officer o immediaely conac he local domesic violence crisis
holine i he vicim answers cerain quesions affirmaively and encourages he
vicim o alk o a rained advocae who provides inormaion on saey planning,
as well as opions or how o leave he abusive relaionship.117 Te goal o he LAP
is o provide an immediae connecion o services or vicims a he highes risk o
aal violence. A LAP ofen includes ongoing ollow-up by service providers and law enorcemen.118 A secondary benefi o he programin addiion o provid-
ing his connecion o servicesis ha i gives officers a sandardized mehod
o ascerain an abuser’s access o guns, improving officer saey and leading o a
sronger criminal jusice response o hose cases.
As o 2013, jurisdicions in 30 saes had implemened an LAP,119 including juris-
dicions in Connecicu, Delaware, Indiana, Massachusets, Missouri, Oklahoma,
Vermon, and Virginia.120 Maryland has implemened he program saewide.121
Sae execuives should commi o implemening he LAP saewide o ensure
ha he mos a-risk vicims are provided a crucial connecion o services and ha
police officers have an effecive ool or responding in hese cases.
12. Implement statewide standardized protocol requiring prohibited
domestic abusers to surrender all firearms in their possession
Congress and many sae legislaures have recognized he danger posed by domes-
ic abusers wih guns and have enaced laws ha prohibi cerain abusers rom
buying and possessing firearms, specifically hose who have been conviced o a
misdemeanor crime o domesic violence or are subjec o a domesic violence
resraining order.122 However, hese laws are effecive only i hey are suppored by sandardized saewide proocol ha enorces hese sauory provisions and
ensures ha no only are prohibied domesic abusers prevened rom buying new
guns, bu also ha hey are no able o coninue possessing guns already owned
prior o becoming prohibied. Mos saes have ailed o implemen such a proo-
col, leaving many vicims o domesic violence vulnerable o abusers who are able
o reain possession o heir guns while he police and cour sysem urn a blind
eye. Addiionally, a number o saes have ailed even o enac srong laws prohibi-
ing domesic abusers rom buying and possessing guns in he firs place, creaing
an even more dangerous gap in he law.
Wisconsin and Oregon have been leaders in effors o ensure ha prohibied
domesic abusers surrender heir guns. In 2010, he Sae o Wisconsin Office
o Jusice Assisance’s Violence Agains Women Advisory Commitee and he
Governor’s Council on Domesic Violence Surrender Proocol Commitee devel-
oped a firearms surrender proocol and launched i as a pilo program in our local
counies. 123 Tis proocol had hree elemens:
• When vicims o domesic violence peiion he cour and are graned a empo-
rary resraining order, or RO, he cour schedules an injuncion hearing o ake place wihin 14 days. Boh parieshe vicim and he abusermus complee
and presen a saemen o firearms orm a he hearing, lising all firearms he
responden owns.
• I a permanen order o proecion is issued, and he abuser becomes prohibied
rom gun ownership under Wisconsin sae law, he cour orders he firearms ha
hey own o be surrendered and schedules a separae firearms surrender hearing.
• When he proecion order expires, he abuser may reques ha he cour
order he reurn o he surrendered firearms. Prior o reurning any firearms,he sheriff ’s deparmen conducs a background check o veriy ha hey are
now legally eligible o possess firearms. Te cour hen noifies he vicim
when he guns are reurned.124
A sudy conduced by he Universiy o Wisconsin-Milwaukee ound ha all
paries involved in he above process repored ha he implemenaion o his
proocol was “no nearly as difficul or as onerous o implemen as was firs
expeced.”125 Te evaluaion o he pilo program in Wisconsin provided evidence
ha was used o successully pass a saewide law in 2014 ha codified he fire-
arms surrender requiremen ollowing a domesic violence convicion or proecive order.126 Te Oregon Firearms and Domesic Violence ask Force also creaed
model surrender procedures or cours, law enorcemen, prosecuors, vicims’
advocaes, and deense counsel in order o ensure ha abusers surrender heir
guns.127 Mulnomah Couny in Oregon has been a sae leader in implemening
his program, creaing a comprehensive surrender program in 2013 ha includes
designaed surrender locaions and a surrender affidavi ha he responden mus
complee and file.128
Local jurisdicions have also begun o explore his approach. For example, Dallas
Couny has become he firs couny in exas o require conviced domesic abus-
ers or hose who are subjec o emergency proecive orders o surrender heir
firearms. Judge Robero Cañas designed he program, which asks respondens
o ell he cour i hey own firearms. I hey do, hey will be ordered o surrender
hem and provide a receip proving ha hey complied wih his order. Individuals
can surrender firearms eiher o he sheriff ’s deparmen by urning hem in o a
privae gun rangewhich has agreed o sore all surrendered firearmsor hey
can give hem o a verified hird pary.129
In ligh o he overwhelming evidence ha domesic abusers’ access o guns dra- maically increases he risk ha a vicim will be murdered,130 sae leaders should
ake all available seps o ensure ha abusers do no have easy access o guns. Sae
execuives should work wih law enorcemen, cour officials, and domesic vio-
lence service providers o develop proocol or ensuring ha domesic abusers are
no permited o reain possession o any guns once hey become prohibied due
o a disqualiying convicion or resraining order.
13. Provide guidance to local judges to ensure that they order the surrenderof firearms by domestic abusers in appropriate cases
While here are a growing number o saes ha have enaced legislaion prohib-
iing individuals subjec o a domesic violence resraining order rom buying
or possessing a gunmirroring he ederal law in his respecroughly hal
o he saes have no passed similar laws.131 However, his does no mean ha
judges in hese saes are powerless o disarm domesic abusers. In a number o
saes, judges have broad auhoriy o order a wide range o injuncive relie in
domesic violence cases, including ordering he surrender o guns. For example,
Pennsylvania,132 Rhode Island,133 Maine,134 and exas135 have laws specifically providing ha judges may order he surrender o guns as par o a domesic
violence proecion order. Michigan law provides ha a peiioner may apply o
he cour or an order enjoining he abuser rom buying or possessing a gun.136 Ye
some research suggess ha hese permissive surrender laws are underuilized. A
June 2015 repor by Everyown or Gun Saey sudying orders o proecion ha
were issued in Rhode Island ound ha judges ordered he surrender o guns in
less han 13 percen o cases where here was some indicaion ha he abuser may
have access o guns. Ta means ha, beween 2012 and 2014, 325 abusers who
had access o guns were no required by he cour o surrender hese firearms dur-
ing proecion order proceedings.137
Addiionally, even in saes ha do no provide explici sauory auhoriy or
ordering he removal o guns, judges generally have broad auhoriy o order wha-
ever relie is necessary as a condiion o an order o proecion o ensure he saey
o a domesic violence vicim. For example, a cour in Alabama may order “oher
relie as i deems necessary o provide or he saey and welare o he plainiff
or any children and any person designaed by he cour” as par o a emporary
or final order o proecion.138 Judges in Nevada have he auhoriy o order “such
oher relie as i deems necessary in an emergency siuaion” when issuing a emporary or exended order o proecion.139 In Florida, judges have he auhoriy o
order “such oher relie as he cour deems necessary or he proecion o a vicim
o domesic violence, including injuncions or direcives o law enorcemen.”140
Tere is a robus body o judicial educaion maerials ocused on he issue o
domesic violence. For example, he Naional Judicial Insiue on Domesic
Violence is a parnership o hree organizaionsFuures Wihou Violence,
he Naional Council o Juvenile and Family Cour Judges, and he Office on
Violence Agains Womenha, since 1999, has worked o offer educaional
programs o judges as a means o provide addiional suppor and resources o aidin heir handling o domesic violence, sexual assaul, salking, and elder abuse
cases.141 In many jurisdicions, cour adminisraion officials work wih advocaes
o creae writen guidescalled benchbooksor judges who handle domesic
violence cases. Te books provide inormaion abou he personal dynamics ha
are involved in domesic violence, he applicable sae laws, and bes pracices or
handling hese cases.142 A 2015 review o benchbooks by he Cener or Cour
Innovaion ound ha a discussion o firearms is included in books in 17 juris-
dicions, alhough many o hese resources ail o include specific guidance or
ensuring ha abusers surrender heir guns.143 Te Pennsylvania Coaliion Agains
Domesic Violence has creaed a benchbook ha fills his void, providing deailed, sep-by-sep guidance regarding he removal o guns, suggesing ha judges:
• Ask abou access o guns in all cases, order he removal o guns rom abusers
who have access, and sricly enorce hose orders
• Give warnings o deendans abou he consequences o violaing his order
• Disallow amily or riends o ac as saekeepers or surrendered guns or he
duraion o a removal order
• Creae a procedure or reurn o guns upon expiraion o he order
• Prioriize he saey o he vicim and he communiy hroughou his process144
Sae execuives and cour adminisraors should ensure ha judges receive rain-
ing and educaional maerials regarding he need o ensure ha abusers do no
have access o guns, as well as he opion o order surrender o firearms in proec-
ion ordersregardless o wheher here is explici sauory auhoriy or his
ype o relie. Judges should be urged o exercise heir auhoriy o order his relie in appropriae cases.
Improved data collection
and analysis
Developing smar and effecive laws and policies o preven gun violence requires
access o accurae, deailed, and imely daa abou gun violence, gun deahs, and
gun-relaed crimes. For decades, he gun lobby has campaigned o limi access o
gun-relaed daa.145 Tis has primarily aken he orm o resricive policy riders
o AF’s budge ha limi access o crime gun race daa, as well as o he budges
o he Ceners or Disease Conrol and Prevenion and he Naional Insiues o
Healh ha have had a chilling effec on public healh research ino gun deahs and
injuries.146 Bu, despie hese effors o limi access o and analysis o gun crime and gun deah daa, here are a number o seps sae and local leaders can ake o
improve he collecion, analysis, and disseminaion o his inormaion. Doing so
would have a significan effec in expanding he knowledge base regarding hese
issues and conribue o a more inormed policy discussion.
14. Require state and local law enforcement agencies to trace all crime guns
A gun ha is recovered a he scene o a crime can provide subsanial inormaion
abou gun crime and illegal gun rafficking in he communiy. One ormer branch
chie a he AF Naional racing Cener explained he value o crime gun racing,
saying:
A single firearms trace can tell you who bought the gun, where it was purchased,
what identification and address was used by the purchaser, and if the purchaser
bought other handguns at the same time. One trace also has the potential to
identify and link suspects involved in criminal violations, develop potential wit-
nesses, determine the sources of firearms used in crimes, prove ownership, and
produce new investigative leads. 147

AF operaes he Naional racing Cener, which races crime guns and manages
erace, an inerne-based service where local law enorcemen agencies can submi
inormaion abou guns ha were recovered in crimes or racing.148
In a race reques, law enorcemen idenifies a recovered gun’s model, he serial
number, and manuacurer. AF uses ha inormaion o conac he manuac-
urer o he gun. Te manuacurer idenifies he gun dealer who firs sold he gun,
and AF inerviews he dealer o learn he ideniy o he firs reail purchaser
o he gun. ypically, race requess end when he firs reail purchaser is ideni-
fied. 149
Ten law enorcemen can use oher invesigaive echniques o atemp orecreae he ull ownership hisory o he gun. I hey ge lucky, hey may be able
o ideniy he person who used i in he crime ha is being invesigaed. race
daa can also provide valuable inelligence abou large gun rafficking neworks.
For example, afer racing 30 guns ha were recovered a various crime scenes in
Chicago, AF discovered ha all o hese guns were originally sold in Marion,
Ohio. Te agency hen worked wih local law enorcemen o disrup a gun-ra-
ficking ring ha was illegally rafficking guns o Chicago in reurn or heroin.150
Despie he value o crime gun racing, his service is widely underuilized by
local police deparmens. While he erace sysem is available or use by all U.S. law enorcemen agencies, only 5,080 o nearly 18,000 agencies naionwide
acively use erace o race crime guns.151 One monh afer he shooing a Sandy
Hook Elemenary School, Presiden Obama issued an execuive order direcing
all ederal law enorcemen agencies o race all guns recovered during criminal
invesigaions.152 Sae execuives can issue similar guidance o sae and local
law enorcemen agencies. Law enorcemen agencies in ciies such as Boson153 ,
Chicago154 , and New York 155 currenly work closely wih AF o race crime
guns in an atemp o ideniy gun raffickers. A he sae level, boh exas and
Massachusets have developed proocols or law enorcemen officers o encour-
age racing: Tey have added mandaory fields o elecronic recordkeeping sys-
ems so ha officers mus ener deails abou crime guns ino sae daabases and
submi hem o AF or racing.156 In New Jersey, he atorney general has direced
all local law enorcemen o repor inormaion abou any gun used o commi a
crime ino boh he NCIC and he New Jersey race sysem, which is conneced o
erace, wihin 24 hours o recovery.157 In Ocober 2015, Virginia Gov. McAuliffe
issued a package o execuive acions o address gun violence, including ha all
local police deparmens in he sae race every crime gun.158
Recognizing he value and poenial o crime gun race daa, sae execuives should work wih he sae police o ensure ha all law enorcemen agencies in
he sae race all crime guns and provide any necessary resources o hose agen-
cies o ensure compliance wih his order.
Improved data collection and analysis | www.americanprogress.o
15. Conduct an annual review of trace data to identify the largest sources of
crime guns in the state
In addiion o providing inormaion o help solve individual crimes, crime gun
racing can provide comprehensive inormaion abou how illegal guns ener a
communiy and, in paricular, he gun dealers who are overrepresened in sellingfirearms ha are used in crime. In examining race daa and ideniying he firs
reail seller o recovered crime guns, law enorcemen agencies have consisenly
ound ha a large share o crime guns originae rom a small number o gun deal-
ers who eiher knowingly diver guns o illegal markes or are negligen in he
operaion o heir businesses.159 Troughou he Unied Saes, he majoriy o
guns used in crimes are raced back o jus a small percenage o gun dealers.160
Conducing an annual review and analysis o race daa can help ideniy hese
dealers and allow or more argeed enorcemen.
An analysis o race daa o crime guns recovered in a jurisdicion can provide deailed inormaion abou he mos prevalen sources o illegal guns used in
crime in differen communiies. For example, Chicago’s Office o he Mayor, in
conjuncion wih he Chicago Police Deparmen, has released wo repors in
recen years presening inormaion rom race analyses conduced on every gun
recovered a crime scenes in he ciy. Tese analyses revealed ha a significan
porion o crime guns originaed rom jus our local gun dealers.161 A similar
2013 analysis o crime guns recovered and raced in New York Ciy revealed ha
i experienced a differen problem: 90 percen o crime guns recovered in he
jurisdicion were originally sold by ou-o-sae gun dealers.162 A recen sudy o
gun race daa rom Boson, conduced in parnership wih he Mayor’s Office, he
Boson Police Deparmen, and researchers a Harvard Universiy, revealed ye a
differen problem: While he sae has very srong gun laws ha require record-
keeping or secondary marke gun sales, his law is being inadequaely enorced,
and inormaion abou secondary gun ransers was missing or 63 percen o
recovered handguns rom Boson, where i should have been available.163
Tis ype o daa analysis allows local leaders o develop highly argeed enorce-
men operaions o address he illegal flow o guns ino a specific communiy.
In Chicago, ha migh mean ocusing on hose our dealers, while in New York Ciy, law enorcemen may insead choose o parner wih law enorcemen in he
primary source saes o guns recovered in crime. Te Boson sudy demonsraes
a need o ocus on enorcing he exising srong gun laws in ha jurisdicion.
Sae execuives should work wih sae and local law enorcemen o conduc his
ype o annual review o race daa across heir sae and ideniy he leading sell-
ers o crime guns ha are recovered. In addiion o mandaing ha all police agen-
cies race all crime guns, execuives should require police agencies o share annual
aggregae race daa wih sae police o aciliae his ype o saewide review o
he illegal gun marke.
16. Create an opt-in program for law enforcement agencies across the state
to share trace data
Despie he value o crime gun race daa or ideniying illegal gun rafficking
neworks and helping solve gun crimes, local law enorcemen is ofen hampered
in making he bes and mos proacive use o his daa. One obsacle is limia-
ions on he use and disseminaion o race daa ha were enaced by Congress
in 2004.164 Tese limiaions ook he orm o riders o AF’s budge, collecively reerred o as he iahr Amendmens afer heir original sponsor, Rep. odd
iahr (R-KS). Tese riders drasically limi public disclosure o race daa and
prohibi he use o his daa in civil acions.165 Rollbacks o hese resricions
enaced in 2008 and 2010 have eliminaed some o he harshes resricions on
law enorcemen access o his daa.166 Ye, even wih his access, i remains diffi-
cul or local law enorcemen agencies o effecively access race daa rom oher
jurisdicions when i may be relevan o ongoing criminal invesigaions. For
example, erace is no se up o allow law enorcemen agencies o direcly access
race daa relaing o guns recovered in anoher jurisdicionhey can learn ha
such inormaion exiss hrough a query o erace, bu hey need o obain he
daa direcly rom he oher law enorcemen agency.167 Tis limis he abiliy o
local law enorcemen agencies o conduc proacive inelligence-based invesiga-
ions ino crime ha crosses is borders.
AF has creaed a new iniiaive o minimize he remaining burdens o he iahr
Amendmens on law enorcemen’s access o race daa. Trough is “collecive
daa sharing iniiaive,” AF allows sae and local law enorcemen agencies o
op in o a program ha allows hem o share all race daa direcly wih oher
paricipaing agencies in he sae in real ime. 168
Tis iniiaive was firs piloed in Virginia in 2013 and provides addiional inormaion or paricipaing law
enorcemen agencies o analyze paterns o gun rafficking hroughou he sae.
In he firs eigh weeks ha he program was acive in Virginia, 25 o he saes’
Improved data collection and analysis | www.americanprogress.o
352 local law enorcemen agencies agreed o join he inormaion-sharing daa-
base, and mos law enorcemen agencies in he sae are expeced o join in he
uure.169 Illinois and Maryland were scheduled o be he nex wo saes o pilo a
saewide op-in program hrough AF’s collecive daa sharing program.170
Sae execuives should explore how hey can paricipae in his ype o op-inprogram o enhance he proacive use o race daa in he sae in order o address
gun rafficking.
17. Create a review commission to study every gun-related death in the state
In an effor o beter undersand cerain ypes o deahsmos ofen domesic
violence and child abuse-relaed homicidesmany saes and local jurisdicions
have esablished sandardized proocol or conducing a deailed review o hese
cases. Tis review process ofen akes he orm o a board or commission ha is ypically composed o eleced leaders, law enorcemen, service providers and
vicim advocaes, healh care providers, and members o he academic com-
muniy. Engaging in his ype o deailed and sysemaic case-by-case review can
illuminae rends and paterns in hese deahs and help craf a more argeed and
sraegic response o prevening hem.171 Tis approach can also be used o sudy
gun deahs in he sae as a way o help sae leaders, law enorcemen, service pro-
viders, and communiy groups undersand he naure o heir sae’s gun deahs
and develop programs o help preven uure deahs.
One example o his ype o program is he Homicide Review Commission
creaed in he ciy o Milwaukee, Wisconsin, in January 2005in an effor o
combine public healh and law enorcemen approaches o violence in he ciy.172
Te commission is composed o service providers, members o he communiy,
criminal jusice proessionals, and governmen officials. I engages in a progressive
review process o homicides and near-aal shooings and also reviews nonaal
shooings in order o sudy and undersand his ype o violence.173 Te commis-
sion issues annual repors ha provide a deailed overview o homicides in he
ciy, including an analysis o he mos common circumsances in which homicides
occurred, a demographic breakdown o perperaors and vicims, and a review o he communiies mos affeced by homicides and nonaal shooings.174 A program
evaluaion conduced by he Naional Insiue o Jusice ound ha his homicide
review process has resuled in a 52 percen reducion in homicides hroughou he
ciy rom January 1999 hrough December 2006.175
Sae leaders should convene saewide sakeholders o conduc an annual review
o gun deahs. Te resuling body o daa and research could help guide legisla-
ive and policy proposals ha are ailored o address he specific needs o he
sae. Alernaively, sae execuives could ailor his review process o ocus on a
subse o gun deahs ha relae mos closely o a challenge apparen in he sae.
For example, saes wih he highes raes o gun murderssuch as Louisiana,Mississippi, and Alabamacould ocus inciden review effors on hose cases,
whereas saes wih higher raes o gun-relaed suicidessuch as Alaska,
Wyoming, and Monanacould ocus racking effors on hose gun deahs.176
18. Improve statewide collection of crime and gun death data
Access o accurae and imely daa is a criical componen o undersanding
crime and violence in a given jurisdicion. Te daa allow local leaders o ideniy
rends in violen crime and develop effecive sraegies or reducing crime and enhancing communiy saey. Te Uniorm Crime Repor, or UCR , which is
published by he FBI, is he mos comprehensive daabase o crime saisics in
he counry. Reporing o his program is volunary, however, which has led o
a number o gaps in he inormaion.177 An illusraive example is he number o
civilian homicides ha are commited by police officers and repored each year
o he FBIwhich are known as jusifiable homicides. Recen naional aten-
ion on hese incidens has led o he realizaion ha he daa available o he FBI
regarding hese homicides are grossly inaccurae. A Bureau o Jusice Saisics
sudy released in March 2015 ound ha he FBI’s repored number or jusifiable
homicides was a leas 50 percen lower han he acual oal.178
While he U.S. Deparmen o Jusice has no mandaed ha local law enorce-
men repor crime daa o he FBI, sae execuives can ake acion o improve
daa collecion and reporing in heir jurisdicion. For example, in February 2015,
New York Gov. Cuomo ordered ha all crime reporing agencies in he sae pro-
vide saisics or all o he caegories in he “Supplemenary Homicide Repor,”
including murder, negligen manslaugher, and jusifiable homicide.179 Caliornia
Atorney General Kamala Harris creaed a new iniiaive in Sepember 2015 ha
provides increased public access o daa abou civilian deahs while in cusody in order o increase ransparency and help conribue o inormed policymaking.180
Sae execuives should consider opions similar o hose aken in New York and
Caliornia o improve daa collecion and reporing on all caegories o gun deahs
in he sae.
engagement
Passing srong laws and implemening execuive policies o reduce gun violence and
minimize access o guns by individuals who pose a heighened risk o harm o he
communiy is only one aspec o an effecive approach o addressing gun violence.
Sae leaders mus also suppor communiy-based iniiaives o address oher issues
ha conribue o violence: povery, lack o economic and educaional opporuni-
ies, and an ofen deeply damaged relaionship wih he police. Many srong and
innovaive communiy-based programs have ocused on gun violence prevenion or
decades, and hey combine he unique srenghs o paricular communiies’ grass- roos and an evidence-based public healh approach o prevening violence.
19. Implement a violence-intervention program in local hospital emergency
rooms for gunshot victims
One ofen missed opporuniy o inervene in an ongoing cycle o violence and
preven realiaory acion is in he hospial emergency room. In many communi-
ies ha experience high raes o gun violenceparicularly gang-relaed vio-
lencevicims o gunsho wounds and oher violen assauls ofen do no seek
he assisance o law enorcemen because hey do no rus police. However,
hey will seek medical reamen in order o address heir injuries. Tese hospial
visis can offer a crucial opporuniy o engage wih young peopleas hey are
mos ofen boh he perperaors and vicims o violenceand provide hem wih
a connecion o communiy and social services. Tese programs can also help
preven realiaory violence, which is a major cause o aal violence in many com-
muniiesespecially among young people.181
Hospial-based violence-inervenion programs have been implemened in a number o jurisdicions around he counry since he mid-1990s. One such program
was esablished in 1998 a a rauma cener a he Universiy o Maryland School
o Medicine. Individuals who paricipaed in he program saw significan posiive
resuls in erms o reduced criminal aciviies and repea hospializaions. Paiens
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