Mayors Against Illegal Guns:Regional Coalition Meeting
November 30, 2006Atlanta, Georgia
State Legislative Update: Opportunities and Resources for
Gun Policy Reform
Legal Community Against Violence
Nina VinikLegal Director
Why State and Regional
Policy Reform?
Gun Deaths by State -- 2003
• Alabama: 765 deaths• Florida: 1,940 deaths• Georgia: 1,173 deaths• Louisiana: 847 deaths• Virginia: 811 deaths• Washington, D.C.: 167 deaths
Source: National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2002.
TOTAL: 5,703 deaths
Importance of State and Local Gun Regulation
• Federal Gun Laws are Weak and Have Only Gotten Weaker– Private sale loophole– No consumer product safety oversight– No limit on multiple sales/purchases– No waiting period
Importance of State and Local Gun Regulation
• Federal Gun Laws are Weak and Have OnlyGotten Weaker– No limits on access to certain military-style firearms– Gun industry immunity (2005)– Limitations on ATF’s enforcement authority
Importance of State and Local Gun Regulation
• State and Local Laws Make a Difference– Fill gaps in federal law– Address concerns of specific communities and
regions– Improve community health and safety– Act as a catalyst for broader reform
Why a Regional Approach Makes Sense
• ATF tells us that more than 40% of trafficking investigations involve interstate transfers
• Regional trafficking (from neighboring states) is a significant factor
Source: Bureau of Alcohol, Tob acco and Firearms, The Youth Crime Gun Interdiction Initiative, Crime Gun Trace Reports (1999 and 2000) National Report (2002 and 2000).
Why a Regional Approach Makes Sense
• Our neighbors are the source states for a significant number of our illegal guns.
City Major source statesAtlanta, GA AL, FL, NC
Birmingham, AL GA, MS, FL Miami, FL GA, TX New Orleans, LA MS, TX, GA Richmond, VA NC, GA, FL Washington, D.C. MD, VA, NC
Source: Bureau of Alcohol, Tob acco and Firearms, The Youth Crime Gun Interdiction Initiative, Crime Gun Trace Reports (1999 and 2000) National Report (2002 and 2000).
Overview of State Gun Laws
• Focus on Illegal Markets• Primary Sources of Illegal Guns
– Corrupt Dealers– Unlicensed Sellers– Gun Shows– Firearms Theft
• From dealers• From owners
– Straw Purchasers
Source: Bureau of Alcohol, Tob acco and Firearms, Following the Gun: Enforcing Federal Laws Against Firearm Traffickers (2000).
Policy Approaches to Problem of Illegal Guns
• Dealer licensing and regulation• Require universal background checks on all
transfers• Require background checks on all transfers at
gun shows• Require reporting of lost or stolen firearms• Limit multiple purchases of handguns
Gun Laws in Alabama
• Dealer Licensing/Regulation? Yes• Background Checks by
Private Sellers ? No• Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? No• Restrictions on Multiple Purchases/Sales? No
Gun Laws in Florida
• Dealer Licensing/Regulation?No
• Background Checks by Private Sellers? No• Background Checks at Gun Shows?
No• Reporting of Lost/Stolen Firearms?
No• Restrictions on Multiple Purchases/Sales?
No
Gun Laws in Georgia
• Dealer Licensing/Regulation? Yes• Background Checks by Private Sellers? No• Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? No• Restrictions on Multiple Purchases/Sales? No
Gun Laws in Louisiana
• Dealer Licensing/Regulation?No
• Background Checks by Private Sellers ? No
• Background Checks at Gun Shows?No
• Reporting of Lost/Stolen Firearms?No
• Restrictions on Multiple Purchases/Sales?No
Gun Laws in Virginia
• Dealer Licensing/Regulation?
No licensing, some regulation • Background Checks by Private Sellers ? No • Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? Limited• Restrictions on Multiple Purchases/Sales? Yes
Gun Laws in Washington, D.C.
• Dealer Licensing/Regulation?Yes
• Background Checks by Private Sellers ? Yes
• Background Checks at Gun Shows?Yes
• Reporting of Lost/Stolen Firearms?Yes
• Restrictions on Multiple Purchases/Sales?No
Other Notable Gun Laws in the Region• Delaware:
– Licenses handgun dealers
• Maryland:– Licenses dealers selling handgun and assault
weapons – Requires background checks on private transfers of
handguns and AWs– Limits handgun sales to one per person per month
• South Carolina:– Licenses handgun dealers
Opportunities for Reform and Regional Collaboration
Summary of State Laws Addressing Illegal Gun MarketsAlabama, Florida, Georgia, Louisiana, Virginia and
Washington, D.C.
Policy Area Federal Law Alabama Florida Georgia Louisiana VirginiaWashingtonD.C.
Dealer Licensing? Yes Yes No Yes No No Yes
Background Checks for Private Sales?
No No No No No No Yes
Background Checks at Gun Shows? No No No No No No Yes
Reporting of Lost or Stolen Firearms? FFLs only No No No No Limited Yes
Restrictions on Multiple Purchases or Sales of Firearms? No No No No No Yes No
Local Authority to Regulate Firearms? N/A No No No No No Yes
Legal Community Against Violence is a national public interest law
center dedicated to preventing gun violence
LCAV is the country's only organization devoted exclusively to providing legal assistance in
support of gun violence prevention
LCAV provides legal assistance to community leaders and
advocates seeking local and statewide regulatory solutions to
prevent gun violence.
LCAV: Who We Serve
• Mayors, City Council Members, County Supervisors and other Local Officials
• Government Attorneys• Law Enforcement Officials • State Legislators and Agency Officials• Gun Violence Prevention Activists
LCAV: What We Do • Research and analysis of current law and
options for reform• Develop regulatory policies and model laws• Draft laws and regulations for specific
jurisdictions• Explain the legal significance of existing and
proposed laws• Review existing and proposed laws and offer
recommendations for improvement
LCAV: What We Do
• Respond to legal arguments raised against existing and proposed legislation
• Evaluate legal issues related to the enforcement of existing laws and proposed legislation
• Help secure pro bono litigation assistance, for example, when gun regulations are challenged in court
LCAV: Examples of our Work
• Alabama: research to support legislation to require reporting of mental health info to FBI databases
• Palm Beach County, Florida: research to assist County in opposing a bill to prevent police from maintaining lists of gun owners
• Jackson, Mississippi: Advice on proposed ordinance regulating gun shows
LCAV Website: www.lcav.org
LCAV Website/Resources
LCAV Website: www.lcav.org
LCAV Publications
• Guns Laws Do Make A Difference: An Analysis of the October 2003 CDC Study Evaluating the Effectiveness of Firearms Laws (2003)
• Consumer Regulation of Handguns by the Illinois Attorney General (2003)
• Banning Assault Weapons – A Legal Primer for State and Local Action (2004)
• Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws (2006)
Legal Community Against Violence268 Bush Street, #555
San Francisco, CA 415-433-2062
Illinois Address:P.O. Box 7077Evanston, IL
847-733-1855
To request assistance:Contact Nina Vinik, Legal Director at 847-733-1855 or [email protected]
Thank You
Questions?
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