PS 4139 Midterm

1990 - Crime Control Act (PL 101-647)

- Est. "Gun free school zones" (sect. 1702) - Banned mfg./import of semi-auto "assault weapons"

Muzzle loading v. breech loading firearms

- muzzle loading: flint lock, "cap-n-ball" -Breech loading - use metallic cartridges --> Leads to development of "machine guns" and improves "rate of fire"

Michael Bellisles

-author of "Arming America: The Origins of a National Gun Culture" -allegedly used fabricated research to argue that during the early period of US history, guns were uncommon during peacetime and that a culture of gun ownership did not arise until the mid-nineteenth century -His claims that firearms had been scarce and not commonly found in households until the mid-late 19th century made him a big target of the NRA

Hiram Maxim

-created the first fully automatic machine gun

1894 Miller v. Texas

A TX law that prohibited the carrying of dangerous weapons did not violate the 2nd Amendment.

TRUE or FALSE: The Consumer Product Safety Commission has jurisdiction over firearms and can order a recall of firearms that are determined to be "unsafe."

False: Firearms are exempted from the jurisdiction of the Consumer Product Safety Commission.

According to former NRA lobbyist Richard Feldman (quoted in Gunned Down), what is the greatest motivator in politics?

Fear

Project Exile was an effort to crack down on felons caught with guns. It was a coordinated effort between local law enforcement and the regional U.S. Attorney's office. Why did the program opt to include the local U.S. Attorney?

Federal gun laws have harsher penalties, so the suspects were tried in federal court

Three tiers of laws

Federal, State, & Local --> The majority of laws regulating firearms are state/local: - Columbus Municipal Code, Title 23, Chapt. 2323 - Ohio Revised Code, Title 29, Chapt. 2923

Following the tragic shootings at Sandy Hook Elementary School, why did the Obama Administration approach Senator Joe Manchin (D-WV) to work on gun control legislation?

He was a gun-toting, NRA-supported Democrat.

According to lecture, the world's first "super gun" was Urban's monster which was used to great effect in 1453 during the siege of Constantinople. Urban designed the gun specifically to aid Sultan Mehmet II's attack against the city. What became of Urban?

He was killed by the gun the first time it was fired

Accroding to Dr. Randy Roth, when calculating an individual's RISK of being the victim of a violent gun crime, what one variable is the most important to consider?

How long the individual is expected to live.

Total incorporation

If you apply any part of the Bill of Rights you must apply ALL of it (think Hugo Black)

Project Exile, unveiled in February 1997, began in which U.S. city?

Richmond, VA

McDonald v. City of Chicago (2010)

The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

True of False: According to Adam Winkler (Gun Fight), Americans have always had guns AND Americans have always had gun control.

True

True or False: Dr. Richard Gatling invented his famous "Gatling gun" as a means to end warfare.

True

Who said the following? "The only thing that stops a bad guy with a gun... is a good guy with a gun."

Wayne LaPierre

Cleveland v. State was a case decided by the Ohio State Supreme Court dealing with section 9.68 of the Ohio Revised Code (RC). RC 9.68 provides that ......

only federal and state regulations can limit an Ohioan's right to bear arms

Benjamin Tyler Henry

• .22 cartridges date from 1857 • Henry designed .44 rimfire

Maloney v. Cuomo

• Are nunchukas ("nunchucks") arms under the Second Amendment?

economic liberties

• Civil liberties then became ________ _________ through the early 20th century.

Machine Pistols

• Submachine gun that produces automatic fire in the form of a handgun • Magazine-fed and self-cocking • Capable of automatic or burst fire

1968 - Gun Control Act (GCA)

- No guns via mail; regulated importation; expanded list of those prohibited from possessing

The U.S. Gun Control Act of 1968

- No guns via mail; regulated importation; expanded list of those prohibited from possessing

The U.S. National Firearms Act of 1934

- Regulated fully automatic firearms - Regulated sale and possession of fully automatic weapons - Regulated interstate transportation of various weapons, including "sawed-off" shotguns

Young African-American Males and gun violence

- Statistically the most likely to be perpetrators and victims of gun violence - Homicide is the leading cause of death for black males age 15-34, 10 times higher than for white males, and 50 times higher than for white females

Important Criteria that would make a weapon illegal under 1994 Ban:

- This law banned rifles that had detachable magazines and two or more of the following characteristics: - A folding or telescoping stock - A pistol grip - A bayonet mount - A flash suppressor, or threads to attach one (a flash suppressor reduces the amount of flash that the rifle shot makes. It is the small birdcage-like item on the muzzle of the rifle -A grenade launcher.

Black Codes (1865)

- reacting to emancipation, several southern states adopt black codes which , among other things, forbid blacks from possessing firearms

Armatix iP1

-"Smart Gun": includes a safety feature or features that allow it to fire only when activated by an authorized user -iP1: comes with a wristwatch which the owner must wear. Without the watch and its built in security measures, the gun won't fire. -Subject to great NRA criticism: able to be fired by anyone if it hasn't been paired, requires a minimum of seven push-button commands and a duration of 12 seconds before the gun can be fired.

Honore le Blanc

-18th century, French gunsmith. Created gun parts in a standardized system. If a part broke, it could be replaced by another part that would fit exactly. Talked to Jefferson about it, he liked it as it was a way for American to gain independence for arms. Le Blanc chose not to come to America against Jefferson's wishes. Instead, Eli Whitney made a contract for 12,000 muskets made by this new system which Whitney claimed as his own. Parts became standard enough.

D.C. v. Heller (2008)

-1976 DC enacts the nation's toughest firearms restrictions (cannot possess handgun without a permit) (rifles and shotguns must be disassembled or locked up) - Decision: DC cannot ban an entire class of handguns, reasonable restrictions can be imposed, protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. -Did not address whether second amendment could be applied to the states

The Brady Bill

-1994 - Brady Handgun Violence Prevention Act (Brady Bill) - Est. 5-day wait period to purchase handgun - CLEOS had to process background checks

John Moses Browning

-BAR: Browning Automatic Rifle -M1911 pistol

Gitlow v. New York 1925

-First time selective incorporation is applied -While Gitlow's conviction was upheld and the New York "criminal anarchy" law was deemed valid, nevertheless the Supreme Court incorporated the Free Speech clause of the First Amendment

Dr. Richard Gatling

-MD, patented, in 1862, the Gatling gun -Rapid, continuous rate of fire (200 rounds/min) -First global "weapon of mass destruction"

"Urban's Monster"

-Ottoman Turks attack on Constantinople: Sultan Mehmet II hired a European craftsman, Urban, to manufacture seven huge cannons including "Urban's Monster" • The world's first "supergun" • 17 feet in length • 20 tons • Could shoot a 1,500 lb granite projectile over one mile • It took 60 oxen and 400 men to move • 3 hours to reload

Supreme Court & the Voting Paradox

-The Justices split into groups such that the outcome of the case is the OPPOSITE of the outcome that the resolution of the individual issues should lead to. -the court decides on votes, but reasons on issues -what happened in McDonald v. Chicago

According to Adam Winkler (Gun Fight), towns in the old west adopted gun control measures. Why?

-The towns wanted people to think they were safe so that they were attractive to new settlers. -The towns wanted the new railroads to build depots which would bring in more people and goods. The railroads wouldn't build in the towns if they were not safe. -The residents of the towns wanted more businesses to relocate there and knew that businessmen would not want to settle in towns that were dangerous.

Preventing Gun Violence

-To reduce gun violence, a sustained program that addresses both demand and supply is needed -successful intervention will have elements of federal-local law enforcement collaboration, community involvement, targeted intervention tactics and continuous program evaluation -Project Safe Neighborhoods, Operation Ceasefire, Directed Police Patrols

Unrestricted, Shall Issue, May Issue, No issue

-Unrestricted: aka constitutional carry, a permit is not required to carry a concealed handgun. -Shall issue:a license to carry a concealed handgun, but must only meet determinate criteria laid out in the law; no discretion in the awarding of the licenses & no requirement of the applicant to demonstrate "good cause". -May issue: require that the applicant demonstrate a specific "need", to justify the granting of a license or permit. -No issue: states have no provision in law to allow a citizen to carry a concealed handgun. Likewise, these states will NOT honor a license or permit issued by any other state.

U.S. v. Cruikshank (1876)

-William Cruikshank and two others were charged as part of the Colfax Massacre • Charged with 32 counts of depriving blacks of their constitutional rights, including two claiming that defendants had deprived blacks of firearms possession which violated the 1870 Enforcement Act (aka "the Force Act"). -Established 3 principles: 1. the Second Amendment simply does not afford any individual a right to bear arms free from government control 2. the Second Amendment is not incorporated 3. 14th's equal protection and due process clauses applied only to STATE action, not to actions of individuals

Selective Incorporation

-a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. -Selective incorporation began in 1897 (Chicago, Burlington, and Quincy RR Co. v. Chicago)

"Apple Greens"

-bullets nicknamed "apple greens" for the color of their teflon tips, soon to be called "cop killers" -designed to pierce metals, so that cops could shoot at suspects inside cars -so effective, that they could pierce the metal and ricochet, injuring bystanders -law enforcement agencies tried to outlaw them as they could pierce through bulletproof vests: NRA response "there is no such thing as a good or bad bullet"

Collective rights v individual rights interpretation of 2nd Amendment

-does the Second Amendment guarantee that an individual can carry a gun solely for private purposes like self-defense, or is it a right that primarily extends to collective needs, such as maintaining a militia? -A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right. -Miller held collective, but DC v. Heller overturned and ruled that individuals have the right

"Saturday Night Special"

-handgun that is described as compact, inexpensive, and small-caliber; also perceived low-quality -associated with gun control act of 1968: because the act banned the importation and manufacture of many inexpensive firearms, had racist origins as these firearms were associated with those purchased by low-income blacks

Instrumentality effect

-more guns=more crimes & homicides -The idea that the weapon matters: when committed with a gun, crimes are far more likely to result in the victim's death than are similar violent crimes committed without a gun -questions arise: is it the use of guns that matter, or rather is it the intensity/intent of the perpetrator? -Duggan, Siegel, & Ayres/Donohue readings

Sam Colt

-patented his famous Colt Paterson revolver in 1836; a gun that fired multiple times without reloading, advanced manufacturing, and created a mass market -in 1846 Colt collaborated with Capt. Sam Walker to create the Walker Colt; Walker wrote to Colt to order 1,000 Walker Colt revolvers; Colt lied to Walker!!!!**** (about what??) -Huge advancement for western settlers • 1848 Colt's Patent Firearms Manufacturing Company founded in Hartford, CT -1851 London Exhibition: demonstrated the interchangeability of his guns • 1860 Colt Army Model just in time for Civil War -"God created men equal, Col. Colt made them equal..."

Black Panthers

-the true pioneers of the modern pro-gun movement -1967: 30 young black men and women carrying .357 Magnums, 12-gauge shotguns, and .45-caliber pistols invaded the California Statehouse -"American people & black people in general must take careful note of the racist California legislature aimed at keeping the black people disarmed and powerless.." -The nation's white political elite feared that violence was too prevalent and there were too many people—especially urban Black nationalists—with access to guns --> led to Gun Control act of 1968

National Rifle Organization (NRA) is founded (1871)

...

Components of modern ammunition

1. Casing 2. Primer 3. Powder charge 4. Bullet

4 important military needs for firearms

1. reliability of firing 2. accuracy of projectile 3. force of projectile 4. speed/rate of firing.

Requirements for civilians to own Automatic Weapons

1.FBI background check (not the Instant Background Check; but a full 6-month or longer investigation) 2.Registration of weapon 3.Transfer tax of $200 per NFA item 4. State approval 5. Local law enforcement approval 6.Weapon must be produced prior to 1986 7. ATF Approval

Percentage of gun owners who state that their guns are for self-protection only

13%

Number of gun deaths per year

30k-40k

Percentage of adults who own a gun

31% - This percentage remains constant over the last 40 years

Percentage of American households that possess guns

36%, decreased from 50% in last 20 years (more female based households)

Percentage of homicides that occur with handguns

70%

According to the lecture delivered on the first day of class, approximately what percentage of the world's supply of firearms are owned by civilians?

75%

The 1994 Assault Weapons Ban

AKA The Federal Violent Crime Control and Law Enforcement Act of 1994. This law banned rifles that had detachable magazines and two or more of the following characteristics: - A folding or telescoping stock - A pistol grip - A bayonet mount - A flash suppressor, or threads to attach one (a flash suppressor reduces the amount of flash that the rifle shot makes. It is the small birdcage-like item on the muzzle of the rifle) - A grenade launcher --> expired at 12:01am on Monday, September 13, 2004.

In 2000, the National Rifle Association (NRA) spent $20 million dollars in the presidential election. What was the impact of this extraordinary spending?

Al Gore lost to George Bush in key states that Gore should have won. The losses cost him the electoral votes he needed to become president.

When Joe Manchin's bill was being considered by the U.S. Senate, who showed up to offer testimony about the importance of passing the bill?

Congresswoman Gabby Giffords

In his article "In Defense of Looseness," Judge Richard Posner takes Justice Scalia to task for his opinion in which case?

District of Columbia v. Heller

The 14th Amendment

Made all those born in the United States citizens of the US as well as citizens of the state in which they lived. Gave all citizens equal protection and guaranteed due process of law. Also gave Congress the right to enforce the provisions of the article. Its ratification was bitter contested because it would fundamentally change the balance of power between federal and state government. Ratified in 1868.

According to lecture, gunpowder was invented by Chinese alchemists that were attempting to create an elixir that would do what?

Make the Chinese immortal.

Total "plus" incorporation

Not only should all of the provisions apply to the states, there are possibly other protections not mentioned that could apply (think privacy)

According to Lethal Logic, in the 1990s, which gun manufacturer implemented a "code of ethics" and told dealers that it would terminate sales to them if they did not agree to stop making sales to straw purchasers?

Smith & Wesson

1833 - Barron v. Baltimore (32 U.S. 243)

Supreme Court (through John Marshall) refused to permit a citizen to sue a local government for violating his property rights under the "just compensation" clause of the 5th Amendment

In Chapter 5 of Lethal Logic ("We don't need new gun laws..."), Henigan details events at the Branch Davidian Compound outside Waco, Texas. the 51-day standoff resulted from a failed attempt by which law enforcement agency to conduct a search of the compound?

The ATF

America's first constitution was.....

The Articles of Confederation

According to the documentary Gunned Down, the National Rifle Association (NRA) became involved in the 2000 presidential election and spent $20 million dollars. What prompted the NRA's acitivism in the 2000 presidential election?

They targeted Democratic candidate Al Gore as payback for his tie-breaking vote in the Senate to close the "gun-show loophole."

True or False: In Great Britain, there is a complete ban on the ownership and possession of handguns.

True

TRUE or FALSE: In Ohio, it is legal to openly carry a loaded firearm in public (unless in a designated "no carry" zone such as a hospital).

True:

How is it that the number of guns has increased but the percentage owning guns remains constant?

Two reasons: (1) growth in adult population in US; and (2) gun owners now own more guns (gun-owning households average 4.5 guns, a major increase)

Which of the following demographic groups has experienced the greatest GROWTH in gun ownership?

Women

Gun makers Smith & Wesson created The Volcanic, their first repeating firearm. It utilized a new bullet design called what?

a "rocket ball"

U.S. v. Emerson (1999/2001)

a decision by the United States Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms.

In the video 30 Days: Gun Nation, Pia Lalli breaks down in tears after firing what type of firearm?

a shotgun

Fill in the blank: According to lecture, there are 2 causes for almost all gun accidents: ignorance and ________________.

negligence

According to lecture, German gunsmiths carved grooves (fiffeln) into the inside of musket barrels to reduce fouling in the barrel. What other important effect did these grooves have?

they caused the bullets to spin in the air which made the guns more accurate at a greater distance

Casimir Lefaucheaux

• 1828--Frenchman Casimir Lefaucheaux invented the pinfire cartridge (patented in 1835) • One of the earliest practical designs of a metallic cartridge -1851 London Exhibition: Lefaucheaux's breech loading gun inspired British gun makers to copy and improve the design

Nordyke v. King (2009)

• 9th Circuit Court of Appeals reverses its own previous ruling (Fresno Rifle & Pistol Club, Inc. v. Van de Kamp, 1992) and states that, following Heller, the 2d Amend confers an individual right AND that the 2d Amend should be incorporated via the 14th Amend against the states

Quilici v. Village of Morton Grove

• City ordinance banned the ownership of working handguns by anyone except: - Peace officers, prison officials, members of the armed forces and National Guard, and security guards as long as possession was in accordance with their official duties • Ordinance also exempted licensed gun collectors and owners of antique firearms • 7th Circuit Court of Appeals: 2d Amend does not apply to the states

Presser v. Illinois (1886)

• Illinois legislature passed a law that barred paramilitary organizations from drilling or parading in cities or towns without a license from the governor. • Supreme Court upheld the IL law • Reaffirmed that the Second Amendment did not apply to the states (a la Cruikshank) • In other words, militias exist only as defined and regulated by the state or federal government, which in Illinois at the time was the 8,000-member Illinois National Guard • The Court emphatically rejected the ideal that citizens could create their own militias, much less that the Second Amendment protected citizens' rights to own weapons for their own purposes

doctrine of incorporation

• Initially, the Supreme Court was not favorably disposed toward the ________ __ _____________ but the 14th Amendment changed this

US v. Miller 1939

• Jack Miller and Frank Layton indicted for transporting an unregistered sawed-off shotgun across state lines (in violation of the 1934 National Firearms Act) • Miller and Layton challenged the law as a violation of the 2nd Amend and that it represented an improper use of the commerce power • Court ruled that the federal taxing power COULD be used to regulate firearms and that firearm registration was constitutional • 2nd Amend must be interpreted by its "obvious purpose" of ensuring an effective militia as described in Art. I, Sect. 8- collectivist

Characteristics of Gun Deaths

• Most are homicides and suicides • A small percentage (about 5%) are accidents or unknown • The rest are about evenly split between homicides and suicides (usually slightly more suicides) • Some argue that nearly as many people die by guns as by auto accidents (but deaths by auto accidents have declined due to safety features) • Gun accidents are also declining • Homicide rates have remained relatively constant

John Thompson & Mikhail Kalashnikov

• Rapid-fire "machine guns" became the staple of militaries, mercenaries, and organized crime -Mikhail Kalashnikov created the AK-47: one of the most consequential inventions of the 20th century -John Thompson: Thompson Submachine Gun, or Tommy Gun. It was a light, reliable automatic rifle for WWI