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Mayors Against Illegal Guns: Regional Coalition Meeting November 30, 2006 Atlanta, Georgia

Mayors Against Illegal Guns: Regional Coalition Meeting November 30, 2006 Atlanta, Georgia. State Legislative Update: Opportunities and Resources for Gun Policy Reform Legal Community Against Violence Nina Vinik Legal Director. Why State and Regional Policy Reform?. Alabama: 765 deaths

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Mayors Against Illegal Guns: Regional Coalition Meeting November 30, 2006 Atlanta, Georgia

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  1. Mayors Against Illegal Guns:Regional Coalition MeetingNovember 30, 2006Atlanta, Georgia

  2. State Legislative Update: Opportunities and Resources for Gun Policy Reform Legal Community Against ViolenceNina VinikLegal Director

  3. Why State and Regional Policy Reform?

  4. Alabama: 765 deaths Florida: 1,940 deaths Georgia: 1,173 deaths Louisiana: 847 deaths Virginia: 811 deaths Washington, D.C.: 167 deaths Gun Deaths by State -- 2003 TOTAL: 5,703 deaths

  5. 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

  6. 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

  7. 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

  8. 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

  9. Why a Regional Approach Makes Sense • Our neighbors are the source states for a significant number of our illegal guns. CityMajor source states Atlanta, 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. Opportunities for Reform and Regional Collaboration

  20. Summary of State Laws Addressing Illegal Gun MarketsAlabama, Florida, Georgia, Louisiana, Virginia and Washington, D.C.

  21. Legal Community Against Violence is a national public interest law center dedicated to preventing gun violence

  22. LCAV is the country's only organization devoted exclusively to providing legal assistance in support of gun violence prevention

  23. LCAV provides legal assistance to community leaders and advocates seeking local and statewide regulatory solutions to prevent gun violence.

  24. 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

  25. 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

  26. 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

  27. 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

  28. LCAV Website: www.lcav.org

  29. LCAV Website/Resources

  30. LCAV Website: www.lcav.org

  31. 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)

  32. Legal Community Against Violence 268 Bush Street, #555 San Francisco, CA 415-433-2062 Illinois Address: P.O. Box 7077 Evanston, IL 847-733-1855 To request assistance: Contact Nina Vinik, Legal Director at 847-733-1855 or nina@lcav.org

  33. Thank You Questions?

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