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?

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

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

Importance of State and Local Gun Regulation Federal Gun Laws are Weak and Have Only Gotten Weaker –No limits on access to certain military-style firearms –Gun industry immunity (2005) –Limitations on ATF’s enforcement authority

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

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

Why a Regional Approach Makes Sense Our neighbors are the source states for a significant number of our illegal guns. CityMajor source states Atlanta, GAAL, FL, NC Birmingham, AL GA, MS, FL Miami, FLGA, TX New Orleans, LAMS, TX, GA Richmond, VANC, GA, FL Washington, D.C.MD, VA, NC

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

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

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

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

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

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

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

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

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

Opportunities for Reform and Regional Collaboration

Summary of State Laws Addressing Illegal Gun Markets Alabama, Florida, Georgia, Louisiana, Virginia and Washington, D.C. Policy AreaFederal LawAlabamaFloridaGeorgiaLouisianaVirginia Washington D.C. Dealer Licensing? Yes NoYesNo Yes Background Checks for Private Sales? No Yes Background Checks at Gun Shows? No Yes Reporting of Lost or Stolen Firearms? FFLs onlyNo LimitedYes Restrictions on Multiple Purchases or Sales of Firearms? No YesNo Local Authority to Regulate Firearms? N/ANo Yes

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

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

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

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

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

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

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

LCAV Website:

LCAV Website/Resources

LCAV Website:

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)

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