Mayors Against Illegal Guns:Regional Coalition Meeting

November 30, 2006Atlanta, Georgia

State Legislative Update: Opportunities and Resources for

Gun Policy Reform

Legal Community Against Violence

Nina VinikLegal Director

Why State and Regional

Policy Reform?

Gun Deaths by State -- 2003

• Alabama: 765 deaths• Florida: 1,940 deaths• Georgia: 1,173 deaths• Louisiana: 847 deaths• Virginia: 811 deaths• Washington, D.C.: 167 deaths

Source: National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2002.

TOTAL: 5,703 deaths

Importance of State and Local Gun Regulation

• Federal Gun Laws are Weak and Have Only Gotten Weaker– Private sale loophole– No consumer product safety oversight– No limit on multiple sales/purchases– No waiting period

Importance of State and Local Gun Regulation

• Federal Gun Laws are Weak and Have OnlyGotten Weaker– No limits on access to certain military-style firearms– Gun industry immunity (2005)– Limitations on ATF’s enforcement authority

Importance of State and Local Gun Regulation

• State and Local Laws Make a Difference– Fill gaps in federal law– Address concerns of specific communities and

regions– Improve community health and safety– Act as a catalyst for broader reform

Why a Regional Approach Makes Sense

• ATF tells us that more than 40% of trafficking investigations involve interstate transfers

• Regional trafficking (from neighboring states) is a significant factor

Source: Bureau of Alcohol, Tob acco and Firearms, The Youth Crime Gun Interdiction Initiative, Crime Gun Trace Reports (1999 and 2000) National Report (2002 and 2000).

Why a Regional Approach Makes Sense

• Our neighbors are the source states for a significant number of our illegal guns.

City Major source statesAtlanta, GA AL, FL, NC

Birmingham, AL GA, MS, FL Miami, FL GA, TX New Orleans, LA MS, TX, GA Richmond, VA NC, GA, FL Washington, D.C. MD, VA, NC

Source: Bureau of Alcohol, Tob acco and Firearms, The Youth Crime Gun Interdiction Initiative, Crime Gun Trace Reports (1999 and 2000) National Report (2002 and 2000).

Overview of State Gun Laws

• Focus on Illegal Markets• Primary Sources of Illegal Guns

– Corrupt Dealers– Unlicensed Sellers– Gun Shows– Firearms Theft

• From dealers• From owners

– Straw Purchasers

Source: Bureau of Alcohol, Tob acco and Firearms, Following the Gun: Enforcing Federal Laws Against Firearm Traffickers (2000).

Policy Approaches to Problem of Illegal Guns

• Dealer licensing and regulation• Require universal background checks on all

transfers• Require background checks on all transfers at

gun shows• Require reporting of lost or stolen firearms• Limit multiple purchases of handguns

Gun Laws in Alabama

• Dealer Licensing/Regulation? Yes• Background Checks by

Private Sellers ? No• Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? No• Restrictions on Multiple Purchases/Sales? No

Gun Laws in Florida

• Dealer Licensing/Regulation?No

• Background Checks by Private Sellers? No• Background Checks at Gun Shows?

No• Reporting of Lost/Stolen Firearms?

No• Restrictions on Multiple Purchases/Sales?

No

Gun Laws in Georgia

• Dealer Licensing/Regulation? Yes• Background Checks by Private Sellers? No• Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? No• Restrictions on Multiple Purchases/Sales? No

Gun Laws in Louisiana

• Dealer Licensing/Regulation?No

• Background Checks by Private Sellers ? No

• Background Checks at Gun Shows?No

• Reporting of Lost/Stolen Firearms?No

• Restrictions on Multiple Purchases/Sales?No

Gun Laws in Virginia

• Dealer Licensing/Regulation?

No licensing, some regulation • Background Checks by Private Sellers ? No • Background Checks at Gun Shows? No• Reporting of Lost/Stolen Firearms? Limited• Restrictions on Multiple Purchases/Sales? Yes

Gun Laws in Washington, D.C.

• Dealer Licensing/Regulation?Yes

• Background Checks by Private Sellers ? Yes

• Background Checks at Gun Shows?Yes

• Reporting of Lost/Stolen Firearms?Yes

• Restrictions on Multiple Purchases/Sales?No

Other Notable Gun Laws in the Region• Delaware:

– Licenses handgun dealers

• Maryland:– Licenses dealers selling handgun and assault

weapons – Requires background checks on private transfers of

handguns and AWs– Limits handgun sales to one per person per month

• South Carolina:– Licenses handgun dealers

Opportunities for Reform and Regional Collaboration

Summary of State Laws Addressing Illegal Gun MarketsAlabama, Florida, Georgia, Louisiana, Virginia and

Washington, D.C.

Policy Area Federal Law Alabama Florida Georgia Louisiana VirginiaWashingtonD.C.

Dealer Licensing? Yes Yes No Yes No No Yes

Background Checks for Private Sales?

No No No No No No Yes

Background Checks at Gun Shows? No No No No No No Yes

Reporting of Lost or Stolen Firearms? FFLs only No No No No Limited Yes

Restrictions on Multiple Purchases or Sales of Firearms? No No No No No Yes No

Local Authority to Regulate Firearms? N/A No No No No No Yes

Legal Community Against Violence is a national public interest law

center dedicated to preventing gun violence

LCAV is the country's only organization devoted exclusively to providing legal assistance in

support of gun violence prevention

LCAV provides legal assistance to community leaders and

advocates seeking local and statewide regulatory solutions to

prevent gun violence.

LCAV: Who We Serve

• Mayors, City Council Members, County Supervisors and other Local Officials

• Government Attorneys• Law Enforcement Officials • State Legislators and Agency Officials• Gun Violence Prevention Activists

LCAV: What We Do • Research and analysis of current law and

options for reform• Develop regulatory policies and model laws• Draft laws and regulations for specific

jurisdictions• Explain the legal significance of existing and

proposed laws• Review existing and proposed laws and offer

recommendations for improvement

LCAV: What We Do

• Respond to legal arguments raised against existing and proposed legislation

• Evaluate legal issues related to the enforcement of existing laws and proposed legislation

• Help secure pro bono litigation assistance, for example, when gun regulations are challenged in court

LCAV: Examples of our Work

• Alabama: research to support legislation to require reporting of mental health info to FBI databases

• Palm Beach County, Florida: research to assist County in opposing a bill to prevent police from maintaining lists of gun owners

• Jackson, Mississippi: Advice on proposed ordinance regulating gun shows

LCAV Website: www.lcav.org

LCAV Website/Resources

LCAV Website: www.lcav.org

LCAV Publications

• Guns Laws Do Make A Difference: An Analysis of the October 2003 CDC Study Evaluating the Effectiveness of Firearms Laws (2003)

• Consumer Regulation of Handguns by the Illinois Attorney General (2003)

• Banning Assault Weapons – A Legal Primer for State and Local Action (2004)

• Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws (2006)

Legal Community Against Violence268 Bush Street, #555

San Francisco, CA 415-433-2062

Illinois Address:P.O. Box 7077Evanston, IL

847-733-1855

To request assistance:Contact Nina Vinik, Legal Director at 847-733-1855 or nina@lcav.org

Thank You

Questions?