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6 - Law and Policy Approaches to Keeping Guns from High-Risk People

Published online by Cambridge University Press:  06 December 2010

John G. Culhane
Affiliation:
Health Law Institute, Widener University, School of Law
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Summary

INTRODUCTION

Public Health Problem of Gun Violence in the United States

The United States is often described as a nation with a car culture. Many Americans love their cars and find life difficult to imagine without them. There were approximately 250 million registered highway vehicles in the United States in 2006.

If this is evidence for a car culture, then the United States certainly has a gun culture as well. There are an estimated 280 million guns in private hands in the United States, nearly one gun for every man, woman, and child. Approximately two-thirds of these guns are rifles and shotguns, used mostly for hunting and sport. Nearly all of the rest are handguns whose owners cite personal protection as the primary reason for ownership. About 38 percent of U.S. households contain at least one gun, with a higher prevalence of ownership in southern and southwestern states as well as more rural parts of the country.

The social consequences of the ubiquity of guns in the United States are profound. Firearms were associated with about 100,000 fatal and nonfatal shootings in the nation in 2006. Of these shootings, about 65 percent were instances in which one person intended to harm another (approximately 13,000 homicides and another 52,000 nonfatal assaults). The remainder includes 20,000 acts of self-directed violence (suicides and suicide attempts) and more than 15,000 unintentional or accidental shootings, including 600 deaths.

Type
Chapter
Information
Reconsidering Law and Policy Debates
A Public Health Perspective
, pp. 153 - 184
Publisher: Cambridge University Press
Print publication year: 2010

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References

Hepburn, Lisa et al., The U.S. Gun Stock: Results From the 2004 National Firearms Survey, 13 Inj. Prevention15 (2007)CrossRefGoogle ScholarPubMed
Howard, Kim A. et al., Beliefs about the Risks of Guns in the Home: Analysis of a National Survey, 5 Inj. Prevention284 (1999)CrossRefGoogle ScholarPubMed
Teret, Stephen P. et al., Support for New Policies to Regulate Firearms: Results of Two National Surveys, 339 New Eng. J. Med. 813 (1998)CrossRefGoogle ScholarPubMed
Gorovitz, Eric et al., Preemption or Prevention? Lessons from Efforts to Control Firearms, Alcohol, and Tobacco, 19 J. Pub. Health Pol'y36 (1998)CrossRefGoogle ScholarPubMed
Webster, Daniel W. et al., Effects of State-level Firearm Seller Accountability Policies on Firearms Trafficking, 86 J. Urb. Health525 (2009)CrossRefGoogle ScholarPubMed
Webster, Daniel W. et al., Relationship Between Licensing, Registration, and Other Gun Sales Laws and the Source State of Crime Guns, 7 Inj. Preven184 (2001)CrossRefGoogle ScholarPubMed
Shaffer, Howard J. et al., The Epidemiology of Psychiatric Disorders Among Repeat DUI Offenders Accepting a Treatment-sentencing Option, 75 J. Consulting & Clinical Psychol. 795 (2007)CrossRefGoogle ScholarPubMed
Lapham, Sandra C. et al., Prevalence of Psychiatric Disorders among Persons Convicted of Driving While Impaired, 58 Archives Gen. Psychiatry943 (2001)CrossRefGoogle ScholarPubMed
Keane, Carl et al., Drinking and Driving, Self-control, and Gender – Testing a General Theory of Crime, 30 J. Research in Crime & Delinquency30 (1993)CrossRefGoogle Scholar
Lucker, G. William et al., The Prevalence of Antisocial Behavior Among U.S. Army DWI Offenders, 52 J. Studies on Alcohol318 (1991)CrossRefGoogle ScholarPubMed
Teret, Stephen P. et al., Public Support for Innovative Gun Policies: The Results of Two National Surveys, 339 N. Eng. J. Med. 813 (1998)CrossRefGoogle ScholarPubMed
Wintemute, Garen J. et al., Risk Factors Among Handgun Retailers for Frequent and Disproportionate Sales of Guns Used in Violent and Firearm Related Crimes, 11 Inj. Prevention357 (2005)CrossRefGoogle ScholarPubMed
Sorenson, Susan B. & Vittes, Katherine A., Buying a Handgun for Someone Else: Firearm Dealers' Willingness to Sell, 9 Inj. Prevention147 (2003)CrossRefGoogle Scholar
Vernick, Jon S. et al., Regulating Firearms Dealers in the United States: An Analysis of State Law and Opportunities for Improvement, 34 J.L. Med. & Ethics765 (2006)CrossRefGoogle Scholar
Webster, Daniel W. et al, Effects of State-level Firearm Seller Accountability Policies on Firearms Trafficking, 86 J. Urb. Health525 (2009)CrossRefGoogle ScholarPubMed
Webster, Daniel W. et al., Effects of Undercover Police Stings of Gun Dealers on the Supply of New Guns to Criminals, 12 Inj. Preven225 (2006)CrossRefGoogle ScholarPubMed
Webster, Daniel W. et al., Effects of a Gun Dealer's Change in Sales Practices on the Supply of Guns to Criminals, 83 J. Urb. Health778 (2006)CrossRefGoogle ScholarPubMed
Wintemute, Garen J., Gun Shows Across a Multistate American Gun Market: Observational Evidence of the Effects of Regulatory Policies, 13 Inj. Preven150 (2007)CrossRefGoogle ScholarPubMed
Rothman, Emily F. et al., Batterers' Use of Guns to Threaten Intimate Partners, 60 J. Am. Med. Women's Ass'n62 (2004)Google Scholar
Frattaroli, Shannon & Vernick, Jon S., Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States, 30 Evaluation Rev. 296 (2006)CrossRefGoogle ScholarPubMed
Vigdor & James A. Mercy, Elizabeth R., Do Laws Restricting Access to Firearms by Domestic Violence Offenders Prevent Intimate Partner Homicide?, 30 Evaluation Rev. 313 (2006)CrossRefGoogle Scholar
Hardy, Marjory S., The Effects of Gun Admonitions on the Behaviors and Attitudes of School-Aged Boys, 24 J. Dev. & Behav. Pediat1 (2003)CrossRefGoogle ScholarPubMed
Schuster, Mark A. et al., Firearm Storage Patterns in U.S. Homes with Children, 90 Am. J. Pub. Health588 (2000)Google ScholarPubMed
Brent, David A. et al., Firearms and Adolescent Suicide: A Community Case-control study, 147 Am. J. Diseases of Child. 1066 (1993)CrossRefGoogle ScholarPubMed
Kellermann, Arthur L., Suicide in the Home in Relation to Gun Ownership, 327 New Eng. J. Med. 467 (1992)CrossRefGoogle ScholarPubMed
Miller, Matthew and Hemenway, David, Guns and Suicide in the United States, 359 New Eng. J. Med. 989, (2008)CrossRefGoogle ScholarPubMed
Hepburn, Lisa et al., The Effect of Child Access Prevention Laws on Unintentional Child Firearm Fatalities, 1979–2000, 61 J. Trauma423 (2006)CrossRefGoogle ScholarPubMed
Webster & Marc Starnes, Daniel W., Reexamining the Association Between Child Access Prevention Gun Laws and Unintentional Firearm Deaths Among Children, 106 Pediat1466 (2000)CrossRefGoogle Scholar
Webster, Daniel W. & Starnes, Marc, Reexamining the Association Between Child Access Prevention Gun Laws and Unintentional Firearm Deaths Among Children, 106 Pediat1466 (2000)CrossRefGoogle Scholar
Marvell, Thomas B., The Impact of Banning Juvenile Gun Possession, 44 J.L. & Econ. 691 (2001)CrossRefGoogle Scholar
Teret, Stephen P. & Lewin, Nancy L., Policy and Technology for Safer Guns: An Update, 41 Annals of Emergency Medici32 (2003)CrossRefGoogle ScholarPubMed
Teret, Stephen P. & Culross, Patricia, Product Oriented Approaches to Reducing Youth Gun Violence, 12 Future of Child. 119, (2002)CrossRefGoogle ScholarPubMed
Grossman, David C. et al., Self-inflicted and Unintentional Firearm Injuries Among Children and Adolescents: The Source of the Firearm, 153 Archives of Pediatric & Adolescent Med. 875, (1999)CrossRefGoogle ScholarPubMed
Cook & James A. Leitzel, Philip J., “Smart” Guns: A Technological Fix for Regulating the Secondary Market, 20 Contemp. Econ. Pol'y38 (2002)CrossRefGoogle Scholar
Vernick, Jon S. et al., Unintentional and Undetermined Firearm-related Deaths: A Preventable Death Analysis for Three Safety Devices, 9 Inj. Preven307 (2003)CrossRefGoogle ScholarPubMed
Cook & James A. Leitzel, Philip J., “Smart” Guns: A Technological Fix for Regulating the Secondary Market, 20 Contemp. Econ. Pol'y38 (2002)CrossRefGoogle Scholar
Vernick, Jon S. & Teret, Stephen P., New Courtroom Strategies Regarding Firearms: Tort Litigation against Firearm Manufacturers and Constitutional Challenges to Gun Laws, 36 Hous. L. Rev. 1713, (1999)Google Scholar
Culhane & Jean M. Eggen, John G., Defining a Proper Role for Public Nuisance Law in Municipal Suits Against Gun Sellers: Beyond Rhetoric and Expedience, 52 S.C. L. Rev. 287, (2001)Google Scholar
Vernick, Jon S. et al., Availability of Litigation as a Tool for Firearm Injury Prevention: Comparison of Guns, Vaccines, and Motor Vehicles, 97 Am. J. Pub. Health1991 (2007)CrossRefGoogle ScholarPubMed

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