Milestone Two

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1 Milestone Two: Historical Analysis and Analysis of Relevant Criminological Theories Daniel OToole Southern New Hampshire University CJ 520 Criminology and Public Policy Dr. Brad Anders October 22, 2023

2 Milestone Two: Historical Analysis and Analysis of Relevant Criminological Theories I.Historical Analysis The gun control debate is one that has been a hot topic for years. This has led to the most recent debates on gun control. The current debate that continues to come up centers around “assault weapons” and “high-capacity magazines.” The assault weapon bans and prohibition on high-capacity magazines centers around AR-15 style sporting rifles and their 30 round magazines. The AR-15 style of rifle is one of the most popular and versatile firearms on the market, it’s used for sporting, hunting, and home defense. (Office of the Attorney General, 2016) Trends The gun control debate seems to pick up around elections and after mass shootings. The mass shooting at the Robb Elementary School in Uvalde, Texas left two teachers and nineteen students dead. (The Texas Tribune, 2022) Shortly after congress brought forward the Safer Communities Act in June of 2022. This act sought to implement red flag laws which are targeted at removing firearms from those who are deemed a danger to themselves or others. It also provided funding for school security and mental health programs. (Carlson, 2023) From 2013 to 2016 following the widespread reports on the Sandy Hook Elementary School and Pulse nightclub shootings Congress introduced bills to enhance background checks and tighten regulations on gun show sales and online purchases. Most legislation was blocked for one reason or another along party lines. Either democrats citing the changes were not enough or the republicans saying it went too far. In 2021 Senator Feinstein from California sponsored S. 736 – Assault Weapons Ban of 2021. This bill sought to ban the sale, manufacture, transfer, and importation of 205 “military style assault weapons. It also limited the magazine capacity to 10

3 rounds. (U.S. Senate, 2021) This bill was presented as a new version of the 1994 Federal assault weapons ban. Court Cases The District of Columbia v. Heller, 554 U.S. 570 (2008) is a case that stands out as a notable case. Washington D.C. has made carrying and possessing weapons extremely difficult, even for police officers. Heller, a federal police officer, fought the ban which required guns to be “unloaded, and disassembled or bound by a trigger lock.” (JUSTIA, 2008) Many legal scholars felt this case was important because for the first time in decades the Supreme Court was interpreting the words of the Second Amendment. The court sought to interpret the meaning of the 2nd amendment when it was adopted. One side argued the carrying of firearms was connected to military service while the other argued it’s an individual right not affiliated with military service and should be utilized for lawful purposes such as personal and home protection. (Fredrickson & Wurman, 2012) Another case worth mentioning is McDonald v. Chicago 561 U.S. 2010. The City of Chicago banned the possession of handguns in the home for the purposes of self-defense. The Chicago city ordinance provides that “[n]o person shall … possess … any firearm unless such person is the holder of a valid registration certificate for such firearm.” Chicago, Ill., Municipal Code §8–20–040(a) (2009). The Code then prohibits registration of most handguns, thus effectively banning handgun possession by almost all private citizens who reside in the City. §8– 20–050(c). (JUSTIA law, 2010, para. 3) This case was very similar to District of Columbia v. Heller, and it was referenced several times in the decision. Petitioner McDonald is a man in his late seventies who lives in a high crime neighborhood. Through his community work to improve his neighborhood he received threats of violence from drug dealers working in and around his

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4 home. Another community member, Mrs. Lawson, said possessing a handgun in her home “would decrease her chances of suffering serious injury or death should she ever be threatened again in her home.” (JUSTIA law, 2010, para. 5) The Supreme Court ruled to reverse the Seventh Circuit Courts decision and remanded the case back to the Seventh Circuit to resolve the conflicts between the Chicago gun restrictions and the Second Amendment. (Denniston, 2009) Public’s Perception The subject of gun control is a hotly debated topic with polar opposite opinions on the far reaches of each side. One side wants all guns banned while the other says there should be no restrictions. In reality most people rest somewhere in the middle. However, the use of deceptive terms by lawmakers, such as the “An Act modernizing firearms law” just passed in Massachusetts. This law was opposed by every chief of police in the state. It does nothing to address crime but puts restrictions on lawful gun owners and even restricts off duty law enforcement officers’ ability to carry in most places. (Medsger, 2023) While we all agree mass shootings at schools and “gun free” zones are a tragedy. Restricting lawful gun ownership does little to keep people safe according to James Wallace the Executive Director of the Gun Owners Action League (GOAL). The other side of the argument is that less guns will equal less violent crime and murder. By restricting the ownership of firearms, the crime rate will in turn decrease. However, the recent pandemic saw gun sales and first-time gun purchases soar due to the civil unrest and lack of resources affecting the nation. Between March 2020 and March 2022, 18 percent of households bought guns, according to a NORC survey.

5 Pandemic gun sales raised the share of Americans living in armed homes to 46 percent, up from 32 percent in 2010. A scholarly study found that 7.5 million Americans became new gun owners between 2019 and 2021. Those purchases exposed 17 million Americans to household firearms for the first time, a figure that includes 5 million children.” (DeVise, 2023) This goes against the typical gun control narrative, so this shows an increase in the need for personal protection during uncertain times. The Future Direction The future of gun control is an uncertain topic. The pandemic shifted parts of the gun control debate. Thise previously opposed changed their views in the height of the pandemic and the uncertainty that came with it. “There was fear, and real concern, about what happens to the country during a global pandemic,” said Nick Suplina, senior vice president of law and policy at Everytown for Gun Safety, a gun-control nonprofit.” (DeVise, 2023) In some ways it appeared the gun control argument had shifted. But, as we saw in Massachusetts on October 21, 2023, they passed sweeping gun control legislation despite a unanimous vote against it by the Massachusetts Chiefs of Police. As crime continues to rise across the country there are many moving toward firearms for home and self-protection. I. Criminological Theory Theory The criminological theory that applies to gun control is the Social Disorganization Theory. This theory states, the motivation behind criminal acts comes from the environmental conditions. With lower income communities having higher rates of crime because delinquency is accepted. (SNHU,2023) This translates to more crime and therefore more gun related incidents. “Community-level characteristics such as concentrated disadvantage,

6 residential instability, ethnic heterogeneity (i.e., social disorganization theory), neighborhood disorder, and low levels of collective efficacy are associated with higher levels of violence. Furthermore, as broken windows theory posits, disorder is prevalent in communities with higher concentrated disadvantage, as they often lack resources for citizens to invest back into their communities.” (Magee, 2020, para. 4) Braga found that in Boston 75% of gun assaults were happening on only 5% of the city’s streets. This was attributed to disadvantage, residential instability, neighborhood disorder and low levels of the neighborhoods pushing back against violence – social disorganization theory. (Braga et al., 2009) Departmental Policy Many policies on the department level focus on social disorder and do not necessarily address the root causes of community problems. Police use of force incidents and gun control do not really coincide with department policy. They do connect somewhat with social disorganization theory in terms of enforcement policies and enhanced police presence in certain areas. All too often those areas that need the most social help and services receive more police presence. Everytown for gun safety research and policy states blacks are killed by police at a disproportionate rate. They are nearly three times more like to be shot and killed by police than white people. (Everytown For Gun Safety, 2023) Departments need to conduct more use of force training and de-escalation training to reduce the number of fatal encounters. State or Federal Policies Unfortunately, most state and federal policies put forward only make social disorganization theory worse by increasing enforcement without addressing any of the root causes within the neighborhoods most hit by violence. All too often politicians will propose gun

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7 control measures that either have excessive penalties or are so archaic they don’t get passed. None of these policies contain the social programs necessary to effect change in these communities. Until the root causes are addressed the carrying and use of illegal firearms in these communities will continue. State and Federal policy focuses on magazine capacity, bump stocks and domestic violence protection orders when the majority of gun deaths have nothing to do with any of those political talking points. The American Academy of Family Physicians (AAFP) states, “Gun violence should be considered a public health issue, not a political one—an epidemic that needs to be addressed with research and evidence-based strategies that can reduce morbidity and mortality. Gun violence affects people of all ages and races. Family physicians care for victims of gun violence and their families every day. These physicians, who witness the substantial impact firearm-related violence has on the health of their patients, families, and communities, have the power to help improve the safety and wellbeing of those groups.” (American Academy of Family Physicians, 2020) This leads us to believe public policy must be a joint effort between law enforcement, community leaders, political leaders, and other community stakeholders who make up the affected communities.

8 References American Academy of Family Physicians. (2020). Gun violence, prevention of (position paper) . aafp.org. https://www.aafp.org/about/policies/all/gun-violence.html Braga, A. A., Papachristos, A. V., & Hureau, D. M. (2009). The concentration and stability of gun violence at micro places in boston, 1980–2008. Journal of Quantitative Criminology , 26 (1), 33–53. https://doi.org/10.1007/s10940-009-9082-x Carlson, A. (2023, May 7). The gun legislation congress has passed and rejected amid mass shootings: Timeline . ABC News. https://abcnews.go.com/Politics/gun-control-efforts- congress-failed-30-years-timeline/story?id=84995465 Denniston, L. (2009, June 9). A new second amendment case . scotusblog.com. https://web.archive.org/web/20090617185336/http://www.scotusblog.com/wp/a-new- second-amendment-case/ DeVise, D. (2023, April 21). Americans bought almost 60 million guns during the pandemic . The Hill. https://thehill.com/policy/national-security/3960527-americans-bought-almost-60- million-guns-during-the-pandemic/#:~:text=Between%20March%202020%20and %20March,from%2032%20percent%20in%202010. Everytown For Gun Safety. (2023, February 22). Police violence . Everytown Research & Policy. https://everytownresearch.org/issue/police-violence/ Fredrickson, C., & Wurman, I. (2012). District of columbia v. heller . National Constitution Center – constitutioncenter.org. https://constitutioncenter.org/the-constitution/supreme- court-case-library/district-of-columbia-v-heller JUSTIA. (2008, March 15). District of columbia v. heller, 554 u.s. 570 (2008) . Justia Law. https://supreme.justia.com/cases/federal/us/554/570/

9 JUSTIA law. (2010, June 28). Mcdonald v. city of chicago, 561 u.s. 742 (2010) . Justia Law. https://supreme.justia.com/cases/federal/us/561/742/ Magee, L. A. (2020). Community-level social processes and firearm shooting events: A multilevel analysis. Journal of Urban Health , 97 (2), 296–305. https://doi.org/10.1007/s11524-020-00424-y Medsger, M. (2023, October 18). Gun reform bill opposed by police chiefs passed by state house . Boston Herald. https://www.bostonherald.com/2023/10/18/gun-reform-bill-opposed-by- police-chiefs-passed-by-state-house/ Office of the Attorney General. (2016, July 20). Prohibited assault weapons . mass.gov. https://www.mass.gov/doc/enforcement-notice/download The Texas Tribune. (2022, May). Uvalde school shooting . https://www.texastribune.org/series/uvalde-texas-school-shooting/ U.S. Senate. (2021, March 11). S.736 - Assault weapons ban of 2021 . congress.gov. congress.gov/bill/117th-congress/senate-bill/736/text

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