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Kate Lionel

Instructor Eileen Morris

Pols 155 Section 27

05 May 2018

Policy Memo

Gun Control Policy

Part 1: Policy Background

My specific policy subtopic within gun control policy is the problem of gun

violence/mass shootings. The US makes up less than 5 percent of the world’s population yet

holds 31 percent of global mass shooters (Fox). Although mass shootings only make up a small

percentage of gun deaths, it is still a rising epidemic (Tavernise). “Data from the Gun Violence

Archive reveals there is a mass shooting- defined as four or more people shot in one incident, not

including the shooter- nine out of every 10 days on average” (Morris). In addition, the American

Psychological Association’s report by a panel of experts reveals that background check

requirements for all gun sales can reduce the diversion of guns to criminals (American

Psychological Association). Furthermore, according to Johns Hopkins University researchers, the

2007 repeal of Missouri’s background check requirement was associated with a 16-percent

increase in the gun homicide rate (Johns Hopkins University Bloomberg School of Public

Health, 2014). In fact, “in 1995 Connecticut enacted a law similar to the one Missouri repealed,

and gun homicides declined by 40 percent in the 10 years that followed” (Tavernise). That being

said, my policy solution is to implement universal background checks for all gun buyers.

Originally, I had believed the policy solution to best address the problem of gun violence

was an assault weapons ban. However, upon further research I deepened my understanding and
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decided a universal background check would be more widely accepted while also still effective.

In the Pew Research Center article, “Key Takeaways on Americans’ views of guns and gun

ownership” by Ruth Igielink and Anna Brown, I was able to obtain greater knowledge on the

public’s opinion regarding gun violence through a number of polls the Pew Research Center

conducted. For instance, percent of gun owners who are either strongly or somewhat in favor of

a ban on assault-style weapons is forty-eight percent compared to the seventy-seven percent of

non-gun owners who are strongly or somewhat in favor of it. This is a much larger gap in

contrast to the seventy-seven percent of gun owners and eighty-seven percent of non-gun owners

who are strongly or somewhat in favor of background checks for private sales and at gun shows.

This information, along with, the New York Times article, “How to Reduce Mass Shootings

Deaths? Experts Rank Gun Laws” by Margot Sanger-Katz and Quoctrung Bui, demonstrating

that expanding background checks for gun purchasers to a wider range of gun sales is judged

both more effective by experts and more popular with Americans, I was persuaded to change my

policy solution. In addition, when it came to political parties, there was much less controversy. I

came to this conclusion from a different Pew Research poll that shed light on the eighty-eight

percent of the gun owning democrats/people leaning towards the Democratic party and seventy

percent of Republicans/ people leaning towards the Republican party who were strongly or

somewhat in favor of background checks for private sales and at gun shows. While on the other

hand, only sixty-six percent of democrats/people leaning towards the Democratic party and a

mere thirty-eight percent of Republicans/ people leaning towards the Republican party were

strongly or somewhat in favor of banning assault-style weapons.

I believe the federal level should address this policy problem because it is not just one state

in particular that is experiencing this issue, it is a number of them, including, Oklahoma, South
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Carolina, Louisiana, and Alaska, according to the 24/7 Wall Street article, “The 10 States with

the Worst Gun violence,” (Frohlich 2016). And because Federal Laws apply to everyone

throughout the United States rather than solely others who are citizens, residents, or visitors to

one particular state, I thought it was best to emplace a policy solution at this particular level of

government. However, upon further research looking into the United States v. Miller supreme

court decision, interpreting the Second Amendment as preserving the authority to states to

maintain militias, the supreme court case the United States v. Cruikshank, ruling the Second

Amendment “has no other effect than to restrict the powers of the national government, and the

ruling of Presser v. Illinois, that the Second amendment is “a limitation only upon the power of

Congress and the National government, and not upon that of the States” I learned enacting my

policy solution would be harder to implement than previously imagined (Acosta). The state level

may be easier to navigate and not subject to as many complaints of being unconstitutional when

referring back to previous court cases, however, the problem is bigger than just one state.

Moreover, an argument in favor of implementing universal background checks is that the

majority of American are in support of it. Quinnipiac University reports, “support for universal

background checks is itself almost universal, 97-2 percent, including 97-3 percent among gun

owners” (Quinnipiac University). Another argument in favor of this policy solution is that it

would close the “gun show loophole.” The Bureau of Alcohol, Tobacco, Firearms & Explosives

(ATF) conducted a study in June 2000 reviewing over 1,500 ATF investigations and concluded

that gun shows are a “major trafficking channel, associated with approximately 26,000 firearms

diverted from legal to illegal commerce (Giffords Law Center, “Gun Shows”). A of number

states, Illinois, Colorado, New York, Oregon, Rhode Island, and California, have been able to
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close this gun show loophole by enacting universal background checks on all firearm sales (The

Coalition to Stop Gun Violence).

On the other hand, some arguments against the implementation of universal background

checks, or really any gun control regulations, is that it is unconstitutional because it is said to be

in violation of the second amendment, which includes the phrase “the right of the people to keep

and bear arms shall not be infringed.” (Burke). However, there is an important part of the

amendment that is often left out and forgotten which is that it is in fact subject to regulation. This

is seen in the continuation of the line, “A well-regulated Militia, being necessary to the security

of a free State.” Furthermore, a number of federal court cases such as the ones listed above, the

United States v. Miller, the United States v. Cruikshank, and Presser v. Illinois, have interpreted

the Second Amendment as preserving the authority of the states to maintain militias (Acosta).

Therefore, guns can be regulated without being in violation of anyone’s Second amendment

rights when enacted at the state level of government.

Another argument not in favor of universal background checks is that the system of universal

background checks wouldn’t make a difference. However, The Giffords Law Center discloses

research that has found “states with more expansive background check laws experience 48

percent less gun trafficking, 38 percent fewer deaths of women shot by intimate partners, and 17

percent fewer firearms involved in aggravated assaults” (Giffords Law Center, “Effectiveness of

the Brady Act and Background Checks”). Additionally, they report “States with universal

background check requirements also have a 53 percent lower gun suicide rate, and 31 percent

lower the suicide rate than states without these laws (Giffords Law Center, “Effectiveness of the

Brady Act and Background Checks”).

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Part 2: Updates on your Policy Issue/Solution

Delaware lawmakers have passed the House Bill 302, also known as The Beau Biden

Gun Violence Protection Act, that was introduced January first of this year which would “allow

police to temporarily seize firearms from someone deemed a danger to themselves or others by

mental health professionals” (Gross). Democratic Representative David Bentz of district RD 18

is the bills primary sponsor. Along with Senate Majority Leader Senator Margaret Rose Henry,

Representative and House Majority Leader Valerie Longhurst of RD 15, Representative Debra

Heffernan Rd 6, and Representative John A. Kowalko of District RD 25 acting as sponsors with

Senator Bryan Townsend of District SD 11, Representative Paul S. Baumbach of District RD 23,

Representative Gerald L. Brady of District RD 4, Representative Earl G. Jaques Jr. of District

RD 27, Representative and Speaker of the House Peter C. Schwartzkopf of District RD 14

cosponsoring the bill (Delaware Legislature). This said on the day of March 28th the bill was

passed by the house with 39 yes votes, on April 24th it passed once more by the Senate with a

total of 21 yes votes, and finally on April 30th Governor John Carney signed the legislation into

law (Delaware Legislature). This form of “common sense gun law” will help my issue of gun

violence by keeping guns out of the hands of individuals how may be a risk factor.

Democratic Representative for Ohio’s 3rd congressional district Joyce Beatty has also

introduced a bill (H.R.5410), known as the SAFER Now Act, to Congress on March 26, 2018.

On the same day it was referred to the House Committee on Judiciary and then referred to the

Subcommittee on Crime, Terrorism, Homeland Security, and Investigations by the Committee on

the Judiciary on April 30,2018. Moreover, The SAFER Now Act is still in the first stage of the

legislative process, yet to move past the committees (GovTrack, 2018). If it is passed it will

“improve background checks on gun purchases, ban assault weapons and bump stocks” (Joyce
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Beatty Press Release, 2018). According to GovTrack, the bill is being cosponsored by

Democratic Representative for Arizona’s 3rd congressional district Raúl Grijalva and

Representative and Delegate for the District of Columbia’s At-Large District Eleanor Norton. In

addition, Skopos Labs highlights there is about a 22% chance of this legislation being enacted

due to low support. I do believe it would be a step closer to lessening the severity of my policy

issue being that it would address the problem with the current system of conducting background

checks as well as its limited reach.

When it comes to court action regarding my policy issue, according to The New Republic,

it’s been almost a decade since the Supreme Court has agreed to hear a case following their

Heller decision. However, the Los Angeles Times brings attention to a federal judge’s action to

block a new California gun control law requiring the disposal of large capacity magazines

(McGreevy). This decision was made by U.S. District Judge Roger T. Benitez at the request of

The National Rifle Association’s attorneys. In response U.S. District Judge Benitez “issued a

preliminary injunction blocking a law that requires Californians to dispose of large-capacity

ammunition magazines by Saturday or face fines and possible jail time” (McGreevy). I do not

agree with the Judges actions. I believe doing this it is not aiding in the solving of gun violence,

but rather aiding in it.

The NRA has been particularly active in the gun reform debate. When it comes to

Background checks for guns on their official website they say they are opposed to expanding

firearm background check systems because they believe they don’t stop criminals from getting

firearms, conflicts with due process, and because they oppose firearm registration (NRA-ILA).

Furthermore, on May 4th of this year the NRA asked for their followers to boycott a dinner by the

name of Ellen’s in downtown Dallas because the restaurant was donating a portion of their
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proceeds to organizations dedicated to “implementing reasonable and effective gun regulations”

(Schmit). This is a demonstration of their Constitutional right to boycott, however, I would not

participate because I do not support what they are boycotting for. I would be more likely to

support the business’s movement.

Part 3: How Can I Continue This Work? Action Plan

In order to show further support for my policy, I would want to take advantage of social

media and make a twitter account. Social media allows others to connect to a greater audience

and faster. The goal of the account would be to spread awareness as well as highlight other

accounts that are working towards the same goal while getting others to take particular actions.

For instance, I would want to shed light on the March For Our Lives movement, whether

retweeting others shared notions about the movement or when another event arises to encourage

others to participate, as well as #Marchforourlives when engaging in conversation about it, and I

would share credible news stories to inform my followers so they can make educational

decisions in regards to the matter. I would also try and reach out to other people involved in the

movement to find out how I can further contribute to their cause. Emma González would be the

ideal person I would want to reach out to due to all the social media activism, she is doing

pertaining to gun reform. With this form of action, I would target the federal government

because it would be easy access to respond to their tweets and voice my opposition or agreeance.

In addition, I could also organize a primary boycott in which I would decide “not to buy goods or

services produced by a certain company whose policies” I “disagreed with” (Community Tool

Box, “Section 17. Organizing a Boycott”. A company I would want to use a boycott as a

bargaining chip would be FedEx until they cut ties with the NRA (Community Tool Box,

“Section 17. Organizing a Boycott”). Doing this would bring attention to their involvement with
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the NRA and allow others “to put their money where their values are” (Community Tool Box,

“Section 17. Organizing a Boycott”). I would want other students to participate so in order to get

the boycott moving I would partner with an activist school club such as, Students for Equality.

This said another alternative I could part take in is a protest such as March. I could organize my

peers to march from Chico State University to City Hall with signs demanding gun reform to get

the message out there and attention to it. Once again, I could include the Students for Equality

club to help in the organization of it. I would want to do it the day of Memorial Day because

most will have the day off and be able to take notice as well as participate.

The majority of Republicans that are currently in power in office may be an obstacle in

instilling my policy solution and the many Politicians that are backed by the NRA, an

organization strongly opposed to gun reform. To overcome this, I will need to organize public

support and make our voices loud by participating in the Democracy system, through voting for

better party representation come election time, and participating in every activist opportunity that

presents itself such as marches, sit-ins, and public forums.

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Works cited

Acosta, Luis. United States: Gun Ownership and the Supreme Court. Library of Congress, July

2008, www.loc.gov/law/help/second-amendment.php.

American Psychological Association. “Gun Violence: Prediction, Prevention, and Policy.”

Monitor on Psychology, American psychological Association, Feb. 2013,

www.apa.org/pubs/info/reports/gun-violence-prevention.aspx.

Burke, David Edward. “Why The Arguments Against Gun Control Are Wrong.” The Huffington

Post, TheHuffingtonPost.com, 5 Oct. 2017, www.huffingtonpost.com/entry/why-the-

arguments-against-gun-control-are-wrong_us_59d6405ce4b0666ad0c3cb34.

Community Tool Box. “Section 17. Organizing a Boycott.” Chapter 2. Other Models for

Promoting Community Health and Development | Section 7. Ten Essential Public Health

Services | Main Section | Community Tool Box, ctb.ku.edu/en/table-of-

contents/advocacy/direct-action/organize-boycott/main.

Fox, Kara. “America’s Gun Culture vs. the World in 5 charts.” CNN, Cable News Network, 9

Mar. 2018, www.cnn.com/2017/10/03/americas/us-gun-statistics/index.html.

Frohlich, Thomas C. “The 10 Sates With the Worst Gun Violence” 24/7 Wallstreet, 8 Dec. 2016,

247wallst.com/special-report/2016/17/the-10-states-with-the-worst-gun-violence/6/.

Giffords Law Center. “Effectiveness of the Brady Act and Background Checks.” Giffords Law

Center to Prevent Gun Violence, 8 June 2016, lawcenter.giffords.org/effectiveness-brady-

actbackground-checks/.

Giffords Law Center. “Gun Shows.” Giffords Law Center to Prevent Gun Violence,

lawcenter.giffords.org/gun-laws/policy-areas/gun-sales/gun-shows/.
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Goss, Scott. “'Red Flag' Gun Bill Passes, Heads to Delaware Governor's Desk.”Delawareonline,

The News Journal, 24 Apr. 2018, www.delawareonline.com/story/news/2018/04/24/red-

flag-gun-bill-passes-heads-delaware-governors-desk/547289002/.

“H.R. 5410 – 115th Congress: SAFER Now Act.” www.GovTrack.us.2018. May 8, 2018

<https://www.govtrack.us/congress/bills/115/hr5410>

Johns Hopkins University Bloomberg School of Public Health. “Repeal of Missouri’s

Background Check Law Associated with Increase in State’s Murders.” ScienceDaily,

ScienceDaily, 15 Feb. 2014,

www.sciencedaily.com/releases/2014/02/140215122532.htm.

Delaware Legislature. “Delaware General Assembly.” Legislator Detail - Delaware General

Assembly, legis.delaware.gov/BillDetail/26250.

Delaware Legislature. “Delaware General Assembly.” Legislator Detail - Delaware General

Assembly, legis.delaware.gov/BillDetail/26339.

McGreevy, Patrick. “Federal Judge Blocks New California Gun Control Law Requiring Disposal

of Large-Capacity Magazines.” Los Angeles Times, Los Angeles Times, 29 June 2017,

www.latimes.com/politics/la-pol-ca-large-capacity-magazines-gun-law-blocked-20170629-

story.html.

NRA-ILA. “Background Checks | NICS.” NRA-ILA, www.nraila.org/get-the-facts/background-

checks-nics/.

Parker, Kim, et al. “America's Complex Relationship With Guns.” Pew Research Center's Social

& Demographic Trends Project, 22 June 2017, www.pewsocialtrends.org/2017/06/22/americas-

complex-relationship-with-guns/.
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Sanger-katz, Margot, and Ouoctrung Bui. “How to Reduce Mass Shooting Deaths? Experts Rank

Gun Laws.” The New York Times, The New York Times, 5 Oct. 2017,

www.nytimes.com/interactive/2017/10/05/upshot/how-to-reduce-mass-shooting-deaths-

experts-say-these-gun-laws-could-help.html.

Schmidt, Samantha. “NRA Boycotts Dallas Restaurant for Supporting ‘Reasonable and Effective

Gun Regulations.’” The Washington Post, WP Company, 7 May 2018,

www.washingtonpost.com/.

“Section 17. Organizing a Boycott.” Chapter 2. Other Models for Promoting Community Health

and Development | Section 7. Ten Essential Public Health Services | Main Section |

Community Tool Box, ctb.ku.edu/en/table-of-contents/advocacy/direct-action/organize-

boycott/main.

Tavernise, Sabrina. “In Missouri, Fewer Gun Restrictions and More Gun Killings.” The New

York Times, The New York Times, 21 Dec. 2015,

www.nytimes.com/2015/12/22/health/in-missouri-fewer-gun-restrictions-and-more-gun-

killings.html.

“Text - H.R.5410 - 115th Congress (2017-2018): SAFER Now Act.” Congress.gov, 30 Apr.

2018, www.congress.gov/bill/115th-congress/house-bill/5410/text.

The Coalition to Stop Gun Violence. “Gun Show Loophole FAQ.” The Coalition to Stop Gun

Violence, www.csgv.org/issues-archive/gun-show-loophole-faq/.

Quinnipiac University. “QU Poll Release Detail.” QU Poll, Quinnipiac University, 20 Feb. 2018,

poll.qu.edu/national/release-detail?ReleaseID=2521.