In an effort for full disclosure, I grew up around guns, hunted and carried a 9mm Browning when I traveled on the road years ago, I still own long guns. This diary is not about gun ownership per se it is about the epidemic of gun violence in this country, the causes and possible solutions not really addressed by gun control.
Gun violence is the symptom of much larger systemic problems in American society. Violence and gun violence in particular is embedded within and spread throughout our whole society and effects every part of our society. All the causes are so intimately connected the real solution can only be a holistic one by treating the whole.
Mass murders have been in the news almost constantly the last few years, but mass killings and spree killings have been with us for years and sadly are not unique to the United States.
Mass murders are a single incident where there are multiple victims at one location. It is the intentional and indiscriminate killing of a large number of people and any weapon can be used from guns to grenades. In this country guns are the weapon of choice. But what kind of guns? Assault rifles, automatic and semi-automatic weapons and high capacity magazines. Sensible gun control that bans these weapons and limits magazine capacity to ten rounds represent the two most important changes in the gun laws that would slow down mass murders. Stopping the sale is only part of it because there are thousands may be millions of these weapons and magazines out there and a ready secondary and black market for them. Part of the answer might be to prohibit the secondary sale and institute a ATF buy back at a fair price. The object is not to make it illegal to own these guns or magazines but to prohibit their sale and resale.
Guns find their way into the black market a number of ways, the most obvious is guns lost or stolen from various sources. In 2012 ATF estimated 177,898 guns were lost or stolen from homes and vehicles, more concerning was the 5,762 guns stolen from licensed dealers, pawn shops and gun stores.
Typically a high quality hand gun will sell on the street for two to three times retail, cheaper Saturday Night Specials may be a $100-$200 over retail. Is that enough to break into a home and steal a gun, yes. But a bigger problem are straw purchasers. The most popular illegal guns are small large caliber easy to conceal weapons the newer the better. Teens and young adults are more likely to have or use guns than adult criminals.
In the United States, a straw purchaser of a firearm at a federally licensed firearm dealership who lies about the identity of the ultimate possessor of the gun can be charged with making false statements on a federal Firearms Transaction Record. If a firearm is purchased as a gift, the transaction is not a straw purchase, and the person buying the gift is considered the end user. The buyer is also considered the end user if he intends to sell the firearm, as long as the initial purchase is not made at the direction of or as part of an agreement with the second, ultimate buyer. Straw purchases in lawful sales made outside of federally regulated dealerships are not subject to such rules and are legal unless the gun is used in a crime with the prior knowledge of the straw purchaser.
There seems to be a significant number of loopholes in the law that are being addressed by the courts.
The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a gun for another.
The federal law on background checks requires federally licensed gun dealers to verify the identity of buyers and submit their names to a federal database to weed out felons, those with a history of mental illness and others barred from gun ownership.
Significantly, the federal form and identification procedure make clear that only the actual buyers are eligible to make the purchase. It features in boldface these words: "Warning: you are not the actual buyer if you are acquiring the firearm on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm to you."
Basically, if you sign and the gun is used in a crime, or given to someone prohibited from owning a fire arm you do the time.
ATF has a data base of about 100,000 guns previously used in crimes, Integrated Ballistics Identification System or IBIS. The problem in tracking straw purchasers and stolen or lost guns that make their way into the world of crime is a gun can pass thru the hands of multiple people, in multiple locations and multiple crimes before it is recovered. It has been suggested that all hand guns be registered to the dealer and ballistics information be sent to a separate data base by the manufacturer. It is expensive and while similar programs have had limited success there is no way to track handguns in a meaningful way and because ballistic information is virtually non- existent with the original purchaser it can take years to connect the chain of ownership after it is used in a crime.
In 1991, the ATF estimated that 37 percent of armed criminals obtained firearms from street sales, 34 percent from criminal acts and associates, 8 percent from relatives, 7 percent came from dealers, and 6 percent from flea markets and gun shows. More recently, a Bureau of Justice Statistics survey of state prison inmates convicted of gun-related crimes determined that 79 percent of them bought their firearms from “street/illegal sources” or “friends or family.” These “illegal sources” included thefts of firearms, black market purchases of stolen firearms and straw purchases.
Then there are contraband and illegally imported handguns in the mix as well. Thousands of guns go back and forth across our borders every year. Not an insignificant number trafficked by legal gun dealers.
Alcohol, Tobacco and Firearms estimates there are more than 258 million firearms in America owned by about 25% of the population and of those 35% are handguns. Nearly 2 million new handguns are either imported or manufactured every year. Some anti-gun activists believe the only way to fix the problem of guns and violence is to either ban the sale of guns completely or have very rigorous registration and background checks to buy. Unfortunately it isn't the answer either because even with all the guns out there if you can't afford a couple hundred for a cheap knock off from the guy dealing out of the back of a van in a dark alley, you can without a lot of knowledge make a gun. When I was a teenager before the proliferation of guns gangs favored "zip guns." The new 3D printers provide another avenue for DIY gun makers. Can't afford $1000 for a 3D printer, this is what $7 will build you and these videos are all over Youtube. This is a non-traceable easily disposable weapon.
What about those who are mentally ill getting guns. The law requires all mental health professionals report patients who are a danger to themselves or others. Individuals who are involuntarily committed by a court are on the prohibited list as well. But mental health professions don't always report because it is subjective and that is why people like the theatre shooter slip thru the cracks.
Tragically even if banned certain weapons and we had the best databases and reporting and treatment etc., it still would not solve the problem and likely not put a dent in the violence.
Next time guns and violence in the town where I live.