Illegal Gun Policy in the United States: Federal Gaps and State Legislative Contrasts Nina E. Vinik Legal Community Against Violence.

Slides:



Advertisements
Similar presentations
DC Responses Received WA OR ID MT WY CA NV UT CO AZ NM AK HI TX ND SD NE KS OK MN IA MO AR LA WI IL MI IN OH KY TN MS AL GA FL SC NC VA WV PA NY VT NH.
Advertisements

Reforming State Long-Term Care Services and Supports Through Participant Direction NASHP State Health Policy Conference October 2010 Suzanne Crisp Director.
Mayors Against Illegal Guns: Regional Coalition Meeting November 30, 2006 Atlanta, Georgia.
Naloxone: Cost, Logistics, and Supply Issues Community Pharmacy Perspective Krystalyn Weaver, PharmD National Alliance of State Pharmacy Associations.
Background Information on the Newspoets Total Number: 78 active newspoets. 26 (of the original 36) newspoets from returned this year.
NICS Index State Participation As of 12/31/2007 DC NE NY WI IN NH MD CA NV IL OR TN PA CT ID MT WY ND SD NM KS TX AR OK MN OH WV MSAL KY SC MO ME MA DE.
Agencies’ Participation in PBMS January 20, 2015 PA IL TX AZ CA Trained, Partial Data Entry (17) Required Characteristics & 75% of Key Indicators (8) OH.
IN PARTNERSHIP WITH THE PEW CHARITABLE TRUSTS CHILDREN’S DENTAL CAMPAIGN Dental Access Project Moving forward for those in need of dental care Amy Zaagman.
National Journal Presentation Credits Producers: Katharine Conlon Director: Afzal Bari House Committee Maps Updated: March 19, 2015.
Essential Health Benefits Benchmark Plan Selection, as of October 2012
Medicaid Eligibility for Working Parents by Income, January 2013
House Price
House price index for AK
Part A/B MAC Current Jurisdictions
WY WI WV WA VA VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
Children's Eligibility for Medicaid/CHIP by Income, January 2013
/ March 2015 Net Metering Note: Net Metering rules are being actively discussed in over a dozen state public service & utility commissions.
Medicaid Income Eligibility Levels for Other Adults, January 2017
NJ WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK OH ND NC NY NM NH NV
The State of the States Cindy Mann Center for Children and Families
Heather Morton Fiscal Affairs Program
States with Section 1115 ACA Expansion Waivers, December 2015
Comprehensive Medicaid Managed Care Models in the States, 2014
Share of Births Covered by Medicaid, 2006
Non-Citizen Population, by State, 2011
Share of Women Ages 18 – 64 Who Are Uninsured, by State,
Coverage of Low-Income Adults by Scope of Coverage, January 2013
Executive Activity on the Medicaid Expansion Decision, May 9, 2013
Percent Change in Average Nongroup Premium Following Implementation of a State Individual Mandate, 2019 WA –15.1% NH: –13.7% ME –10.7% MT –11.1% ND –15.4%
WY WI WV WA VA* VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
WY WI WV WA VA VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
WA –16.9% NH: –18.8% ME –14.1% MT –23.7% ND –22.0% VT: –12.6% OR
Mobility Update and Discussion as of March 25, 2008
IAH CONVERSION: ELIGIBLE BENEFICIARIES BY STATE
WAHBE Brokers / QHPs across the country as of
619 Involvement in State SSIPs
State Health Insurance Marketplace Types, 2015
State Health Insurance Marketplace Types, 2018
HHGM CASE WEIGHTS Early/Late Mix (Weighted Average)
PRACTICA & ONLINE ED AUTHORIZATION STATUS
Status of State Participation in Medicaid Expansion, as of March 2014
States including governance in their SSIP improvement strategies for Part C FFY 2013 ( ) States including governance in their SSIP improvement.
10% of nonelderly uninsured 26% of nonelderly uninsured
22% of nonelderly uninsured 10% of nonelderly uninsured
Medicaid Income Eligibility Levels for Parents, January 2017
State Health Insurance Marketplace Types, 2017
S Co-Sponsors by State – May 23, 2014
WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
Seventeen States Had Higher Uninsured Rates Than the National Average in 2013; Of Those, 11 Have Yet to Expand Eligibility for Medicaid AK NH WA VT ME.
Employer Premiums as Percentage of Median Household Income for Under-65 Population, 2003 and percent of under-65 population live where premiums.
Employer Premiums as Percentage of Median Household Income for Under-65 Population, 2003 and percent of under-65 population live where premiums.
Average annual growth rate
Percent of Children Ages 0–17 Uninsured by State
Executive Activity on the Medicaid Expansion Decision, May 9, 2013
How State Policies Limiting Abortion Coverage Changed Over Time
Post-Reform: Projected Percent of Adults Ages 19–64 Uninsured by State
Status of State Medicaid Expansion Decisions
Employer Premiums as Percentage of Median Household Income for Under-65 Population, 2003 and percent of under-65 population live where premiums.
Percent of Adults Ages 18–64 Uninsured by State
States including quality standards in their SSIP improvement strategies for Part C FFY 2013 ( ) States including quality standards in their SSIP.
Status of State Medicaid Expansion Decisions
10% of nonelderly uninsured 26% of nonelderly uninsured
WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
Ashleigh Holand, Manager-State Policy
WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH
Current Status of State Individual Marketplace and Medicaid Expansion Decisions, as of September 30, 2013 WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK.
Status of State Medicaid Expansion Decisions
Income Eligibility Levels for Children in Medicaid/CHIP, January 2017
WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK OH ND NC NY NM NJ NH NV
22% of nonelderly uninsured 10% of nonelderly uninsured
Presentation transcript:

Illegal Gun Policy in the United States: Federal Gaps and State Legislative Contrasts Nina E. Vinik Legal Community Against Violence

Overview of Federal Gun Policy

Federal Regulatory Framework Governing Purchases and Sales of Firearms License required of gun manufacturers, importers and dealers (FFLs) Certain persons prohibited from owning firearms (felons, minors, persons with mental illness, etc.) Background checks on firearm transfers by FFLs to screen for prohibited persons ATF enforces gun laws regarding purchase and sale

Potential Gaps in Federal Gun Policy No background checks on transfers by unlicensed sellers (“private sale loophole”) Gun shows are a particular concern – estimated to be the source of over 10,000 trafficked guns every year

No regulation of 50 caliber sniper rifles Gaps in Federal Gun Policy No regulation of military-style assault weapons (ban on assault weapons expired in 2004)

Potential Gaps in Federal Gun Policy No consumer product safety oversight; gun industry is exempt from Consumer Product Safety Act No safe storage requirements

Potential Gaps in Federal Gun Policy Incomplete records in the NICS database for background checks Omissions from the federal list of prohibited purchasers Limits on ATF’s enforcement capacity/authority Restrictions on state and local administrative and civil proceedings

Overview of State Gun Regulation

Role of State Regulation Fills gaps in federal law Addresses concerns of specific communities and regions Improves community health and safety Acts as a catalyst for broader reform

A Sampling of State Gun Laws State laws aimed at keeping guns out of the hands of dangerous individuals State laws aimed at attacking the sources of illegal guns State laws regulating civilian ownership of military-style weapons State laws ensuring access to firearm transfer information by law enforcement

Laws Aimed at Keeping Guns Out of the Hands of Dangerous Individuals PolicyFederal LawState LawsFlorida LawState Laws in the SE Region (AL, GA, LA, MS, SC) Background Checks at Gun Shows? No9 states (CA, CO, CT, IL, MD, NY, OR, PA, RI) No State Reporting of Mental Health Info to NICS Database? States encouraged to submit info to NICS 13 states (AL, CO, CT, FL, GA, IL, IA, KS, ME, MI, MO, VA, WA) Court clerks send names to FDLE; FDLE authorized to disclose to NICS and other states AL and GA require reporting of certain mental health info to NICS

Laws Aimed at Attacking the Sources of Illegal Guns PolicyFederal Law State LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) License Required for Gun Dealers? Yes17 states (AL, CA, CT, DE, GA, HI, IN, MD, MA, NH, NJ, NY, PA, RI, SC, WA, WI) NoAL, GA, SC license handgun dealers Background Checks on Dealer Employees? No5 states (CT, DE, NJ, VA, WA) No Mandatory Minimum for Illegal Gun Possession? No5 states (KY, MD, MA, MN, NY) Sentence ranges from no prison to 5 years AL, GA, SC: no prison – 1 year LA, MS: no prison – 6 months

Laws Ensuring Access to Firearm Transfer Information by Law Enforcement PolicyFederal Law State LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) Firearm Transfer Records Reported to Law Enforcement? No10 states (AL, CA, CT, MD, MA, MI, NJ, NY, PA, WA) NoAL: dealers report all handgun sales to local law enforcement and Secretary of State Firearm Owners Required to Report Lost or Stolen Firearms? FFLs only 7 states (CT, MA, MI, NJ, NY, OH, RI) No

Laws Regulating Civilian Ownership of Military-Style Weapons PolicyFederal LawState LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) Regulation of Assault Weapons? No7 states ban assault weapons (CA, CT, MA, NJ, NY; HI and MD ban assault pistols) 3 states regulate transfers of assault weapons (MD, MN, VA) No Regulation of High Capacity Ammunition Magazines? No6 states ban high capacity magazines (CA, HI, MD, MA, NJ, NY) No

How Legal Community Against Violence Can Help Legal Community Against Violence (LCAV) 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 Publications Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws Originally published 2006; 2008 edition now available

LCAV Website:

Legal Community Against Violence 268 Bush Street, #555 San Francisco, CA Illinois Address: P.O. Box 7077 Evanston, IL To request assistance: Contact Nina Vinik, Legal Director at or