Framework for Action: 28 Ideas for State Executive Action to Prevent Gun Violence and Fight Gun...
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WWW.AMERICANPROGRESS.ORG ASSO CIATEDPRESS/STEVEHELBERFramework for Action 28 Ideas for State Executive Action to Prevent Gun Violence and Fight Gun Crime By Chelsea Parsons, Arkadi Gerney, and Tim Daly December 2015
Framework for Action: 28 Ideas for State Executive Action to Prevent Gun Violence and Fight Gun Crime
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
8/20/2019 Framework for Action: 28 Ideas for State Executive Action
to Prevent Gun Violence and Fight Gun Crime
http://slidepdf.com/reader/full/framework-for-action-28-ideas-for-state-executive-action-to-prevent-gun-violence
2/67
8/20/2019 Framework for Action: 28 Ideas for State Executive Action
to Prevent Gun Violence and Fight Gun Crime
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33 Enhanced community engagement
43 Enhanced regulation of the gun industry
51 Conclusion
54 Endnotes
Contents
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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,
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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
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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
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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.
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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
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6 Center or American Progress | Framework or Action
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
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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
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8 Center or American Progress | Framework or Action
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
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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.
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10 Center or American Progress | Framework or Action
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
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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
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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
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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
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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-
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16 Center or American Progress | Framework or Action
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.
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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.
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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 spe- cific 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
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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
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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
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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
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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.
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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.
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• 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
proec- ive 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-
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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 em- porary 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
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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.
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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
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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.
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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.
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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’
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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
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32 Center or American Progress | Framework or Action
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.
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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 num- ber 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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