Policy Memorandum

To: President Obama cc: Senate Judiciary Committee cc: Chuck Grassley (R-IA), Chairman of the Senate Judiciary

CommitteeFrom: Tenzing LamaSubject: Gun Control LegislationDate: November 3, 2015

Executive Summary

Millions of Americans have suffered at the hands of dangerous individuals who use guns to commit horrific acts of violence. As President Obama said following the mass shooting in Oregon, “The United States of America is the one advanced nation on Earth in which we do not have sufficient common-sense gun-safety laws - even in the face of repeated mass killings.”i Most gun owners are responsible and law-abiding, and use their guns safely, but to better protect our children and our communities from tragic mass shootings like those in Oregon and Charleston, much more must be done to prevent these tragedies from becoming normal. This memorandum outlines the startling statistics of gun violence and how other countries have gun laws that work. It will also explain how the Federal government can prevent future gun-related shooting by implementing measure to identify the problem and deter such activities.

Problem

Today, in the United States, gun violence is a primary cause of fatalities and continues to cause and affect us on a daily basis resulting in “more than 30 people [being] shot and murdered each day.”ii That means, “One in three people in the U.S. know someone who has been shot.”iii The US is leading producer of guns and one of the countries with highest number of guns per capita. The United States has more deaths from mass shooting than any nation at an average of 143 mass shootings with 992 victims.iv From Columbine to the Charleston, these horrendous shootings have been carried out due to our negligence to protect the vulnerable. These are not just numbers but people, who are dying on a daily basis due to gun violence. They are the young boys and girls, mothers and fathers, Republican and Democrat, all killed due to guns.

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Background:

Gun legislation has always been a contentious issue that has divided people into two sides. Guns have been part of our history as baseball has been America’s national past time. From the revolutionary heroes to the frontiersmen, guns were protection against foreign armies and Native Americans. Since the early 19th century, there have been no enemies or foreigners as to speak of, that people have needed defending against. Government has been slow on this critical issue. Through the years, the government has introduced legislation but only in small steps due to various political factors. One of the earliest pieces of legislation was the National Firearms Act (NFA) of 1934, “imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms.”v Congress recognized they posed a problem due to their use in significant number of crimes.vi This was in many ways recognizing the problem and finding a solution to fix the problem that affected everyone regardless of party affiliations. However, there have been setback to how much can be done to prevent gun ownership. District of Colombia vs. Heller (2008), the Supreme Court upheld an individuals right to bear arms while striking down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional.vii

Gun Culture:

The National Rifle Association (NRA) has played a big role in fostering the culture of guns in America. The NRA was founded in 1871 to ‘promote and encourage rifle shooting on a scientific basis,’ according to a magazine editorial written by Church.”viii The NRA has been a vocal support gun rights and used its support to stifle meaningful gun legislation in Congress. “The NRA has morphed into a front group for the firearms industry, whose profits are increasingly dependent on the sale of military-bred weapons like the assault rifles used in the massacres at Newtown and Aurora, Colorado.”ix This culture of guns has influenced our media and Hollywood. Movies have also played a big role in propagating this culture of guns. The Wild West and cowboys entered the collective imagination in the early 19th century as ideals of rugged individualism and

influence generations who flocked to see movies about the Wild West but also aspired to become one of them. Movie took these individuals and turned them heroes in movies such as “Stagecoach (1939), Unforgiven (1992), All Quiet on the Western Front (1930), Saving Private Ryan (1998), Scarface (1932), and Goodfellas (1990).”x All these films and the violence in video games has left a lasting legacy on the American psyche and played an important role in influencing the action of some of the perpetrators.

Implementation by other Countries:

Gun control has been implemented in many countries including Australia, where it has lead to a decrease in the number of mass shooting. Australia is a prime example of how gun control can be implemented and work. “Firearm suicides have dropped from 2.2 per 100,000 people in 1995 to 0.8 per 100,000 in 2006. Firearm homicides have dropped from 0.37 per 100,000 people in 1995 to 0.15 per 100,000 people in 2006. These are drops of 65% and 59%, respectively, and among a population of 20 million individuals, represent a decline in the number of deaths by firearm suicide of about 300 and in the number of deaths by firearm homicide of about 40 per year. At the same time, the non-firearm suicide rate has fallen by 27% and the non-firearm homicide rate by 59%.”xi Another country with stricter gun control in place is Japan, which has a strict policy against gun ownership. In 2008, Japan experienced only 11 deaths due guns compared while the U.S. had over 12 thousand firearm-related homicides.xii Not only does Japan have strict gun ownership but also stricter measures for the purpose of owning a gun. These two countries and many more are examples of gun control being implemented and working to make their respective countries safer.

Policy Options

The United States Federal government has number of proposals to help ameliorate the issue of gun violence in this country. The options are as listed below:

1. Universal background checks

Requires United States Congress to enact federal law requiring universal background checks for all gun sales including private sales, and strengthens the background check system. This is one the options that has been recommended by the president. Background checks would not only help the states keep guns from the hands of such individuals as Dylann Roof and Chris Harper-Mercer, deranged individuals with the goal of killing innocent people. In the current situation, “most states do not require background checks for firearms purchased at gun shows from private individuals -- federal law only requires licensed dealers to conduct checks.”xiii Under current federal law, criminal background checks can only be conducted for guns sold through licensed firearm dealers, “‘which account for just 60% of all gun sales in the United States. A loophole in the law allows individuals not ‘engaged in the business’ of selling firearms to sell guns without a

license—and without processing any paperwork.”xiv To strengthen the current backgrounds checks in place in some of the states and bring it up with to federal law would require states to share information about mental health issue involving potential gun purchasers. This wide sharing of information between different states is not something new. After Sept 11, 2001, the different federal security agencies were set up share information among themselves to prevent another 9/11 and to prevent another mass murder and combat the rising gun related violence, states must do the same thing and share information about potential actors. Universal background checks would not eliminate all gun shootings, but prove as a deterrent to such atrocities.

2. Ban on Assault gun and reducing the size of magazines

Requiring a ban on assault rifles and reducing the size of magazines. In one study conducted “more that half of the killers studied in the investigation of 62 mass shootings over the last three decades possessed” assault rifles, which if banned could have prevented needless loss of life.xv This new law would ban weapons that would let a shooter fire a large number of bullets quickly without having to reload and reduce the size of the magazines. “All semiautomatic rifles that can accept a detachable magazine and have at least one military feature: pistol grip; forward grip; folding, telescoping, or detachable stock; grenade launcher or rocket launcher; barrel shroud; or threaded barrel. All semiautomatic pistols that can accept a detachable magazine and have at least one military feature: threaded barrel; second pistol grip; barrel shroud; capacity to accept a detachable magazine at some location outside of the pistol grip; or semiautomatic version of an automatic firearm. All semiautomatic rifles and handguns that have a fixed magazine with the capacity to accept more than 10 rounds. All semiautomatic shotguns that have a folding, telescoping, or detachable stock; pistol grip; fixed magazine with the capacity to accept more than 5 rounds; ability to accept a detachable magazine; forward grip; grenade launcher or rocket launcher; or shotgun with a revolving cylinder.”xvi

This law would exclude “Any firearm manually operated by a bolt, pump, lever or slide action; assault weapons used by military, law enforcement, and retired law enforcement and antique weapons.”xvii This policy option would re-instate the 1994 Assault Weapons Ban, which was signed by Bill Clinton but was let to expire in 2004. The ban came into effect due to the horrible 101 California shooting in which the gunmen “killed eight people and wounded six others.”xviii The Ban saw a drop of ‘-10.3%’ in gun related violence in ‘38 States’ and in Virginia, ‘the number of guns with high-capacity magazines seized by Virginia police dropped during a decade-long federal prohibition on assault weapons, but the rate has rebounded sharply since the ban was lifted in late 2004, according to a Washington Post analysis.’”xix

3. Gun buyback and the necessary checks for ownership of guns

Implementing a gun buyback and “a ban on certain semiautomatic and self-loading rifles and shotguns, standard licensing and permit criteria, storage requirements and inspections, and greater restrictions on the sale of firearms and ammunition.”xx Working

on the Australian model, a federal ban would be implemented on “’all semi-automatic self-loading and pump long arm. The sale, resale, transfer, ownership, manufacture, and use of such firearms would also be banned by the states, other than in exceptional circumstances (relating to military or law enforcement purposes and occupational categories, depending on the category of the firearm).”xxi A permit needed for the registration of every firearm purchased into a national database and a thirty-day waiting period for the permits. The permits would be valid for a certain period after which the individual would renew that permit. Also a restriction would be placed on the quantity of ammunition that can be purchased for a given period to be decided by the states, and a requirement for the dealers to sell that ammunition to a licensed gun owner. The gun owner would need to notify the state or the agency in charge of any change to his address or transfer of ownership or would face a fine or prison (if sold to an unlicensed individual) to be determined by the state. The gun buyback would be implemented by the states and the federal government would compensate the individuals within a set time period determined by the federal government and coordinated with state and local counties/district. Guns of a certain category would be able for the buyback program, as not all guns would be banned by this policy. Guns would be purchased at the market rate to ensure that it is well received and individuals have an incentive to turn in their guns.

Recommendation

Considering the political climate at the moment in this country, implementing a ban on assault rifles and gun buyback is not a feasible option because the opposition would view it as an infringement on the second amendment. The option that is most feasible at the moment is a universal background checks and the strengthening of the current system in place. The current system, which is the National Instant Criminal Background Check System (NICBCS), which has been implemented in many of the states only checks for criminal background but statistics has shown that the majority of the perpetrators are individuals with mental health problems. Now this bring up a problem as to what is considered a mental health problem and I would recommend the committee to consult the medical profession as to the proper definition of mental health as politicians are not familiar with the medical field. In my humble opinion, mental health would be psychological in terms of depression and other such illness. Two of the panel member mentioned in their responses that such a universal checks would violate the HIPAA, which the confidentiality agreement between a doctor and their patients. This is an understandable argument but when this country faces a mass shooting on a daily bases, the government must do more to prevent individuals from hurting themselves and others and not think of doctor patient confidentiality. The background checks would not violate any rights but identify potential individuals to law enforcement. Another of the big problem is identifying the loopholes in the system. With a universal background checks on individuals purchasing guns, it would eliminate the different standards of checks that exist among the states and prevent loopholes that exist such as at gun shows.

As this policy is being implemented, even though gun buyback on a large scale is not feasible, states and local officials should take the initiative to implement gun buyback,

which even though it would not eliminate the problem, would serve as a deterrent and a productive measure to get rid of guns from the streets. Initiatives were taken following mass shooting such as the one in Sandy Hook by cities across the country and what is being proposed is not radical. As political attitudes shift due to the increase in mass shooting, I do hope that more stringent policies are implemented to reduce the number of casualties but also prevent such heinous crimes.

Conclusion:

All Americans must do their part to affect the debate on gun control because none of these problems can be solved by policies alone. Gun violence is a serious epidemic that must change so that lives and communities are not lost to the rages of mentally unstable people who need help. Gun owners too have a responsibility to make sure their guns are safely stored and used for other purpose then hunting or sport. These policy options would help but not eliminate gun violence and that must come from changing our mentality towards guns. Serious consideration to these policy initiatives would help reduce gun related violence and to the President and members of the Senate judiciary committee, the facts are clear and the time to act on passing meaningful gun legislation is now before another person becomes just another number.

i Obama, Barack.ii "USA Gun Violence Statistics." iii “Brady Campaign to Prevent Gun Violence." iv "Is Barack Obama Correct That Mass Killings Don't Happen in Other Countries?" v "Bureau of Alcohol, Tobacco, Firearms and Explosives." vi "Bureau of Alcohol, Tobacco, Firearms and Explosives." vii "District Of Columbia V. Heller." viii “NRA Explore." ix “The NRA vs. America”x Gun Culture and Hollywood: Turning Away from Violence | Decent Films - SDG Reviews." xi Leigh, Andrew. Christine Neill “Do Gun Buybacks Save Lives? Evidence from Panel Data.”xii Fisher, Maxxiii "Gun Show Background Checks State Laws." xiv "Universal Background Checks - Coalition to Stop Gun Violence."xv Follman, Mark. Gavin Aronsen, and Jaeah Lee xvi “Assault Weapons Ban of 2013.”xvii “Assault Weapons Ban of 2013.” xviii Dwyer, Diane and Amanda Hochmuth.xix Fallis, David S. and James V. Grimaldi. xx Buchanan, Kelly.xxi Buchanan, Kelly.

Work Sited Page

“Second Amendment." Second Amendment. Web. 10 Sept. 2015. https://www.law.cornell.edu/wex/second_amendment

"USA Gun Violence Statistics." USA Gun Violence Statistics. Web. 10 Sept. 2015. <http://heedinggodscall.org/content/pfctoolkit-10>.

"Brady Campaign to Prevent Gun Violence." About Gun Violence. Web. 9 Sept. 2015. <http://www.bradycampaign.org/about-gun-violence>.

"Is Barack Obama Correct That Mass Killings Don't Happen in Other Countries?" @politifact. Web. 10 Sept. 2015. <http://www.politifact.com/truth-o-meter/statements/2015/jun/22/barack-obama/barack-obama-correct-mass-killings-dont-happen-oth/>.

"Bureau of Alcohol, Tobacco, Firearms and Explosives." National Firearms Act. Web. 10 Sept. 2015. <https://www.atf.gov/rules-and-regulations/national-firearms-act>.

Leigh, Andrew. Christine Neill “Do Gun Buybacks Save Lives? Evidence from Panel Data.” Australian National University. Web. 10 Sept. 2015. <http://andrewleigh.org/pdf/GunBuyback_Panel.pdf>.

"District Of Columbia V. Heller." District of Columbia v. Heller. Web. 17 Sept. 2015. <http://www.oyez.org/cases/2000-2009/2007/2007_07_290>.

Fisher, Max. "A Land Without Guns: How Japan Has Virtually Eliminated Shooting Deaths." The Atlantic. Atlantic Media Company, 23 July 2012. Web. 7 Sept. 2015.

"Gun Show Background Checks State Laws." Gun Show Background Checks State Laws. Web. 8 Oct. 2015. <http://www.governing.com/gov-data/safety-justice/gun-show-firearms-bankground-checks-state-laws-map.html>.

"Universal Background Checks - Coalition to Stop Gun Violence." Coalition to Stop Gun Violence. 6 May 2013. Web. 8 Oct. 2015. <http://csgv.org/issues/universal-background-checks/>.

Follman, Mark. Gavin Aronsen, and Jaeah Lee. "More Than Half of Mass Shooters Used Assault Weapons and High-Capacity Magazines." Mother Jones. Web. 8 Oct. 2015. <http://www.motherjones.com/politics/2013/02/assault-weapons-high-capacity-magazines-mass-shootings-feinstein>.

“Assault Weapons Ban of 2013.” United States Senator Dianne Feinstein. Web. 8 Oct. 2015. <http://www.feinstein.senate.gov/public/index.cfm/assault-weapons-ban-summary>.

Dwyer, Diane and Amanda Hochmuth "101 California Shooting: 20 Years Later." NBC Bay Area. 29 June 2013. Web. 8 Oct. 2015. <http://www.nbcbayarea.com/news/local/101-California-Shooting-20-Years-Later-213705691.html>.

Fallis, David S. and James V. Grimaldi. "In Virginia, High-yield Clip Seizures Rise." Washington Post. The Washington Post, 23 Jan. 2011. Web. 8 Oct. 2015. <http://www.washingtonpost.com/wp-dyn/content/article/2011/01/22/AR2011012204046.html>.

 Buchanan, Kelly. "Firearms-Control Legislation and Policy: Australia." Firearms-Control Legislation and Policy: Australia. Feb 2013. Web. 8 Oct. 2015. <http://www.loc.gov/law/help/firearms-control/australia.php>.

Obama, Barack. "Statement by the President on the Shootings at Umpqua Community College, Roseburg, Oregon." The White House. The White House. Web. 8 Oct. 2015. <https://www.whitehouse.gov/the-press-office/2015/10/01/statement-president-shootings-umpqua-community-college-roseburg-oregon>.

"Gun Culture and Hollywood: Turning Away from Violence | Decent Films - SDG Reviews." Decent Films. Web. 17 Oct. 2015. <http://decentfilms.com/articles/gun-culture-and-hollywood>.

"NRA Explore." NRA. Web. 17 Oct. 2015. <https://home.nra.org/about-the-nra/>.

"The NRA vs. America." Rolling Stone. 31 Jan. 2013. Web. 16 Oct. 2015. <http://www.rollingstone.com/politics/news/the-nra-vs-america-20130131>.