Reflection on My Research

Before researching gun laws in depth, I learned a number of things unbeknownst to me in the past. Even as a responsible gun owner and advocate for gun safety, I found myself unaware of certain rules and regulations that could have landed me with a misdemeanor due to pure ignorance of firearm legislature. I also came to the realization that proper knowledge of firearm laws would most likely mitigate the arguments between people who clearly have no idea what they are talking about. From what I researched, I also came up with a logical system for increasing gun safety among the U.S. population.

Here's my proposal: 
I propose that a basic "Laws and Penalties" course shall be a graduation requirement in inner city schools where poverty and criminal activity is high. It would be taught by an educated police officer (which are already a necessary full time position in many U.S. public schools) The course would include but would not be limited to:

- The most common criminal offenses and the cost of committing them
- Firearm safety and laws for legal and proper use
- Penalties for committing violent crimes and the real-life affects after a felony offense
- Income and career opportunity differences between felons and law-abiding citizens
- An inside look at the life of a prisoner
- The influence of substance abuse and the correlation to criminal activity

Backing up my reasoning:
According to a study conducted by Regis University, as well as a number of other studies show that over 70% of all crimes committed are traced back to people who grew up in poverty and broken families who struggled to provide proper living conditions to children. It is also known that over 20% of people who are raised in poverty and rough areas will commit a felony offense by the age of 24. An even higher percentage will commit a misdemeanor by the age of 24. Why is this?
This can be traced back to inner city public schooling systems that provide poor education to the impoverished and the minorities, who happen to be the main perpetrators of violent crimes in America today. The amount of tax money that is required to keep these criminals behind bars and constant supervision is unreal, a whopping 55 Billion Dollars annually.
So, obviously there will never be a perfect society in which there are no criminals but there are ways to mitigate the problem. What if the public schools in areas where delinquents are common, required a passing grade in a basic "laws and penalties" course in order to graduate high school? Although I am not entirely sure how many crimes are committed out of sheer ignorance of the law, I believe that the correlation between criminal activity and the uneducated youth is astoundingly positive. If a basic laws and penalties course was required to graduate, the amount of delinquents who commit felony offenses would decrease and result in a safer society, a smarter society, and a society in which opportunities flourish.

Sources: 

Expert Staff, CBPP. “Policy Basics: Where Do Our State Tax Dollars Go?” Center on Budget and Policy Priorities, Center on Budget and Policy Priorities, 10 Oct. 2017, www.cbpp.org/research/state-budget-and-tax/policy-basics-where-do-our-state-tax-dollars-go.

Staff, Regis University. “What Causes Someone to Exhibit Criminal Behavior?” Regis Criminology Programs, The Higher Learning Comission, 17 Mar. 2016, criminology.regis.edu/criminology-programs/resources/crim-articles/what-causes-someone-to-exhibit-criminal-behavior.

Thoughts on the Founding Father's Perception of the Second Amendment.

We have all heard the argument "The Founding Fathers didn't have assault weapons when they wrote the constitution so neither should we." This is a statement that addresses the technological advances in weaponry and how some believe that Americans are stretching the 2nd Amendment to a point of danger. Here's what I think. I have already made it clear that I am pro-gun rights with certain restrictions such as bump stocks and fully-automatic firearms. For the most part though, I support the 2nd Amendment entirely. I also believe that the statement above is rash and does not address the stipulations that modern U.S. legislature has instilled upon modern firearms. Earlier, I discussed certain laws that have been enacted as of recently relative to the initial writing of the U.S, Constitution. For example, there were little to no laws that prevented criminals from keeping their guns as well as laws that prevented persons under the age of 18 from purchasing and owning a firearm. There is an abundance of laws set in place after 1787 that pertain to gun ownership today that did not exist before. As it stands, the current laws are firm and they work very well. As for criminal activity involving firearms, the individuals committing the offenses are deliberately breaking firm laws which is cannot be "fixed" by adding new laws and hoping criminals abide by them. In conclusion, the notion that the Founding Fathers did not foresee high powered weapons and therefore said firearms should be illegal to possess is an illegitimate argument because of current regulations set in place to keep firearm purchases and ownership safe.
There is no way to keep criminals away from criminal activity by criminalizing things that criminals already ignore.

Thoughts on Criminal History and Gun Allowance.

America is the country of freedom. We are able to speak freely, assemble freely, form militias, represent ourselves freely, etc... This is an amazing set of rights that American citizens are granted as soon as they are born in the country or immigrate legally. However, with this incredible privilege comes a responsibility to uphold the respect and honor of being an American. When this responsibility is taken for granted and is used as a form of terror or crime, it is absolutely justified to incarcerate an individual and revoke freedoms that have been misused. I strongly agree that any act of domestic violence, substance abuse, severe mental illness, and other reasons that pose a danger to others shall result in total loss of the right to bear arms of a citizen who meets the criteria above. The right to purchase and keep a lethal firearm to defend ones self is a right that most of the world is not given. It is a right that comes with immense responsibility and shall not be taken lightly. Guns are dangerous, just like a motor vehicle is dangerous as well as a knife and many other things. It is the responsibility of the owner to educate and practice gun safety to the fullest extent. Any foul play in my educated opinion, shall be met with the fullest extent of the law.

Thoughts on Current Gun Laws

When it comes to gun laws in general, I generally side with conservatives who believe in the sanctity of the second amendment of the U.S. Constitution. However, after having researched this topic in depth, I do not firmly believe that all firearms of any type should be allowed in the hands of any old average Joe. To be more specific, I support the restricted ownership of fully automatic weapons in the hands of citizens. A fully automatic weapon is strictly used in the military and by licensed training professionals for a reason, and that is to terminate multiple enemies which is not a bad thing when it comes to war combat but unnecessary when it comes to home protection. Not only do I dislike the limited accuracy and control of a fully automatic weapon, I also do not see a practical application for a citizen to possess a fully-automatic weapon. When it comes to home protection, (which is the main argument against gun control), the most effective gun to defend a residence according to American Rifleman (americanrifleman.org) is a handgun. It is small, easily accessible, easy to maneuver in tight quarters, and very effective. When it comes to rifles, although very effective when hunting, is very impractical (especially a fully-automatic rifle) when it comes to home defense due to the bulkiness and limited maneuverability of the weapon. This is not to discourage anybody from owning a semi-automatic AR-15 or any similar rifles, but rather to explain the ill-necessity of a fully-automatic rifle. Plus, if you find yourself living in a home in which you need a machine gun to defend yourself, it would be a wise decision to move rather than live in paranoia.

Citation:
Horman, Gil B. “Choosing a Home-Defense Gun.” American Rifleman, National Rifle Association of America, 16 Oct. 2015, www.americanrifleman.org/articles/2015/10/16/choosing-a-home-defense-gun/.

Penalties for Improper use of a Firearm and other Weapons

Even if someone shudders at the mere thought of owning a firearm or other forms of weaponry, it is important to fully understand and recognize proper gun use as well as improper gun and weapon use. In my opinion, the United States would be substantially safer if citizens were required to be educated on the laws and dangers of firearms/lethal weapons as well as proper gun safety and safe gun use. This would increase the understanding that guns and other deadly weapons are not to be played with. It would also minimize the number of accidental deaths involving a firearm. Now, moving away from opinions, let's talk about the cost of negligence toward common gun laws. 
This topic has been discussed previously in the blog, but not specified completely. 
*These penalties are mainly specific to the state of Colorado* (Click here for Link)

* Improper Use of a Firearm:
Improper use of a firearm refers to any unlawful act that involves or pertains to a firearm and is sub-sectioned as follows:
- Possession of a dangerous or illegal weapon
- Penalty for second offense
- Defacing a firearm
- Unlawfully carrying a concealed weapon
- Illegal discharge of a firearm 
- Unlawful purchase of a firearm 
*These penalties do NOT fulfill the entirety of Colorado gun law penalties*

1.) Possession of a dangerous or illegal weapon
-Specified in C.R.S. 18-12-102 "A person who knowingly possesses a dangerous weapon commits a class 5 felony. A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor."
-When referring to a "Dangerous Weapon" it is defined as a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
-When referring to an "Illegal Weapon" it is defined as a blackjack (billy club), gas gun (tear gas), or metallic knuckles. 

2.) Penalty for second offense
-Specified in C.R.S. 18-12-107 "Any person who has within five years previously been convicted of a violation under (section 18-12-103), (18-12-105), or (18-12-106) shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.
*These sections quoted above refer to certain circumstances including:
-Unlawful possession of a firearm
-Unlawful possession of an illegal or dangerous weapon
-Known prohibited use of a firearm 

3.) Possession of a defaced firearm
-Specified in C.R.S. 18-12-103, "A person commits a class 1 misdemeanor if he knowingly and unlawfully possesses a firearm, the manufacturer's serial number of which, or other distinguishing number or identification mark, has been removed, defaced, altered, or destroyed, except by normal wear and tear."

4.) Unlawfully carrying a concealed weapon
- Specified in C.R.S. 18-12-105 , "A person commits a class 2 misdemeanor if such person knowingly and unlawfully carries a knife concealed on or about his or her person or firearm concealed on or about his or her person or; Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located."

5.) Illegal discharge of a firearm 
-Specified in C.R.S. 18-12-107.5, "Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm. Illegal discharge of a firearm is a class 5 felony."

6.) Unlawful purchase of a firearm 
- Specified in C.R.S. 18-12-111, "Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony."

This list of penalties does not make up the entirety of Colorado illegal firearm penalties but in my opinion, is very helpful in understanding the basics of firearm laws and how to remain a law abiding citizen. 

Sources:

Staff, DPS. “Firearm and Weapons Related Statutes.” Colorado Bureau of Investigation, Department of Public Safety , Jan. 2017, www.colorado.gov/pacific/cbi/firearmstatutes.

Background Checks and Purchase Restrictions

When I asked a number of people who support hardening background checks, what actually goes on in a background check?... They often reply with a long "Ummmm.....". So, if someone would like to take a stance against the current background check system, it would be wise to know what they're talking about.
Let's dive in.

1.) What is a background check? The definition of a background check is "The act of reviewing both confidential and public information to investigate a person or entity's history."
(Read more) A background check is required by law to purchase and register a firearm. 

2.) What is considered unacceptable circumstances? (According to Giffords Law Center)

- Those who have been convicted of violent misdemeanors (especially with a firearm)

- Those with a history of drug or alcohol abuse

- Those convicted of juvenile offenses

- Those who suffer or have suffered from severe mental illness

- Individuals on Terror Watch List

3.) Violent Misdemeanors Explained

The American Medical Association's journal on the analysis of hand gun purchasers in California discovered that people with a history of violence, especially related to a gun are seven times more likely to commit a violent crime with a firearm if allowed to purchase. 

4.) Drug and Alcohol Abuse Explained 

A number of medically certified studies have proven that alcohol consumption increases a person's tendencies to act violently and irrationally. Mental stability is a requirement for proper gun safety and drug/alcohol abuse creates a situation in which a person is likely to engage in a violent act. Also, alcohol inhibits the ability to aim properly which often results in an accidental shooting of an unintended victim. 

5.) Juvenile Offenses Explained

This may seem like an unfair rule as it is known that humans act much differently during adolescence, but according to a study conducted by the National Center for Biotechnology Information, there is an interesting correlation to adulthood. While analyzing criminal activity in Chicago, the NCBI found that individuals arrested before the age of 18, are 38% more likely to be convicted of a felony by the age of 26 when compared to others who had not been arrested. 

6.) Dangerous Mental Illness Explained 

Although mental illness is a term used in a wide variety of circumstances, Federal Law PROHIBITS ownership of firearms to those who have been "committed to a mental institution" or "adjudicated as a mental defective". However, it excludes a number of mental illnesses that are not considered "dangerous". This law is still very much a work in progress as scientific studies become more specific.

7.) Terror Watch List Explained

This should come as obvious for most but it is technical Federal Law that prohibits any person who is or has been on the Terror Watch List. Surprisingly, this is a new law enacted in 2015 due to the purchases of firearms by suspected terrorists. According to the Feinstein Senate, from 2005 - 2015, 2,265 individuals suspected of terrorism purchased a firearm or explosive because they technically did not fall under any criminal category and were only "suspected". Since then, laws have been hardened as to not allow any person suspected of terrorism to purchase weaponry. 

8.) How does the U.S. favor these Restrictions?

The United States as a whole is very much in favor of these firearm restrictions. In all circumstances, nearly 80% of all citizens favor these restrictions, including gun owners. These restrictions are all part of the background check law and are widely agreeable by the American population. 

(Read More at Giffords Law Center)

Sources:

Staff, Giffords. “Categories of Prohibited People.” Giffords Law Center to Prevent Gun Violence , Giffords Law Center Copyright 2017, 11 Mar. 2015, lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/categories-of-prohibited-people/.

Garen J. Wintemute, Alcohol misuse, firearm violence perpetration, and public policy in the United States., Prev. Med. (Apr. 2015),http://dartcenter.org/files/fckeditor/Alcohol%20Misuse,%20Firearm%20Violence.pdf;  Garen J. Wintemute, Broadening Denial Criteria for the Purchase and Possession of Firearms:  Need, Feasibility, and Effectiveness, in Reducing Gun Violence in America 77, 82 (Daniel W. Webster ed., Johns Hopkins University Press, 2013), http://www.jhsph.edu/research/centers-and-institutes/johns-hopkins-center-for-gun-policy-and-research/resources/digtal_update_Webster_Vernick.pdf; K. Vittes et al., Legal Status and Source of Offenders’ Firearms in States with the Least Stringent Criteria for Gun Ownership, 19 Inj. Prev. 26 (2013), https://www.ncbi.nlm.nih.gov/pubmed/22729164; Mona Wright et al., Felonious or Violent Criminal Activity That Prohibits Gun Ownership Among Prior Purchasers of Handguns: Incidence and Risk Factors, 69 J. Trauma 948 (2010),http://journals.lww.com/jtrauma/Abstract/2010/10000/Felonious_or_Violent_Criminal_Activity_That.37.aspx?trendmd-shared=0. 

Bureau of Justice Statistics, U.S. Dep’t of Justice, Background Checks for Firearm Transfers, 2013-2014 – Statistical Tables, at https://www.bjs.gov/content/pub/pdf/bcft1314st.pdf. These statistics cover the period February 28, 1994 – Dec. 31, 2014. 

Ownership of Fully Automatic Firearms.

Modern Fully-Automatic Machine Gun

A fully automatic is defined as, "An automatic firearm continuously fires rounds as long as the trigger is pressed or held and there is ammunition in the magazine/chamber" This differs from a semi-automatic firearm which can fire one round per trigger pull but does not need to be manually reloaded after each round is fired. In the United States, it is common for a citizen to own a semi-automatic weapon such as an AR-15 and a variety of handguns. However, contrary to popular belief, it is incredibly difficult to get a permit for the ownership of a fully-automatic weapon. According to a variety of news sources and journals, fully automatic weapons have been heavily regulated since the 1930's when the Tommy Gun was being used violently by gangs. According to Andrea Miller in her ABC News research article, "What to know about machine gun laws in the US", In 1986, regulations of machine guns were hardened since the original regulations of Tommy Guns back in 1934 did not stop much crime. The new laws imposed regulations to the manufacturing of fully-automatic weapons to allow only government certified manufacturers to produce fully-automatic weapons and banned possession of new fully-automatic firearms to the public. This ban is still in affect. 

Tommy Gun