Showing papers in "Journal on firearms and public policy in 2002"

Exposing the Second Amendment: Federal Preemption of State Militia Legislation

Abstract: Opponents of the individual rights view of the Second Amendment often argue that the Amendment only protects state government powers over state militias. This article examines the case law and other legal history involving federal/state conflicts over control of state militias. In this conflict, one would expect the Second Amendment to have always played an important role—if, indeed, the Amendment were meant to constrain federal powers over the militia. In fact, the Second Amendment has played essentially no role in American militia-control jurisprudence. Federal preemption of state militia powers is one of the most well-established propositions of constitutional law. Examining the development of this preemption, beginning with the seminal case of Houston v. Moore, illustrates the unremitting assertion of federal supremacy, as well as the fictitious nature of the "states' right" theory of the Second Amendment This article was originally published in the Fall 2001 issue of the University of Detroit Mercy Law Review, volume 79, pages 39-73.

Research agenda on guns, violence, and gun control

Abstract: In the last two decades, social scientists began serious, extensive study of firearms issues. This research attention marks a significant change from the academy’s lack of interest in earlier decades regarding serious research about guns and gun control. Gary Kleck, Professor of Criminology at Florida State University, has done more than any other scholar to improve and advance firearms-related quantitative social science research. In this essay, Kleck outlines suggested research directions for further quantitative scholarship. The intention of this paper is to identify topics related to the links among guns, violence and gun control that have not yet been adequately studied, and to very briefly outline the kinds of research that might add useful knowledge about these topics. In each section a topic is listed, followed by one or more possible research projects. There is no intention to be exhaustive in coverage. Instead, only the more important issues that have not already been adequately addressed in past research are listed. The research projects are limited (with one exception) to those that are reasonably feasible, and are only broadly outlined, rather than described with the kind of detail that would be provided in a research proposal. Supporting citations have been kept to a minimum to save space; interested readers may find relevant information in the pertinent chapters of my book, Targeting Guns (Aldine de Gruyter, 1997).

Missing guns: Are the Canada Firearms Centre estimates off-target?

Abstract: By comparing the number of fatal firearms accidents and suicides per 100,000 firearms in Canada and the United States this article finds that the rate of accidental shootings and suicides is considerably higher in Canada. The authors propose that these findings are a consequence of underreporting the true number of firearms in Canada. The findings suggest that the number of firearms in circulation in Canada is at least 10 million, about forty percent greater than estimated by the Canada Firearms Centre. Such findings have implications for evaluating the success of Bill C-68, legislation that made it mandatory to license all Canadian gun owners and register all firearms.

Gun Control Around the World: Lessons to Learn

Abstract: In the past few months, widely televised tragedies in France, Germany, and Switzerland have spurred politicians to introduce changes in their countries' already strict gun laws to make them even more restrictive. Perhaps you remember the headlines? A depressed student in Germany ran amok and killed several people in his school after he'd been expelled. In both France and Switzerland, angry individuals have stormed into local councils and began shooting legislators indiscriminately. This is not a new story. We've seen this show before. First, there is a horrible event, say a disturbed student shoots people in a school, or a maniac goes on a rampage in a public place. Media coverage is intense for a few weeks. "Experts" on television wring their hands in concern about the danger of "gun violence." Then the government feels it must do something to protect the public, so the police are given sweeping new powers, or new restrictions are introduced on owning firearms. Afterwards, the media rush off on a new story, and the public forgets. Later, there is another tragedy somewhere else, and the process starts all over again. Does this sound familiar? It should. This has been the pattern followed by virtually every gun law that has been introduced in the twentieth century around the world. In the 1990s, we’ve seen this drama on television from Australia, Great Britain, the United States, not to mention Canada, as well other countries. It's time to pause and ask a few basic questions. If gun laws work to prevent criminal violence, why do these events keep occurring? And not just in places where the gun laws are comparatively lax, but in countries where it is all but impossible for an average person to own a handgun. Guns are banned in schools. How could gun attacks happen in "gun free" zones such as schools? This paper is adapted from the Sixth Annual Civitas Conference in Vancouver, British Columbia held April 26 though 28, 2002.

Lock, Stock and Barrel: Civil Liability for Allowing Unauthorized Access to Firearms

Abstract: The author argues that unsafe firearm storage constitutes negligence under tort law. McClurg advocates civil liability for gun deaths and injuries caused by unsafe storage as a way to deter unreasonably dangerous conduct.