PADM 550 Research Paper

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1 RESEARCH PAPER Gun Control – H.R. 5717 and S.14 Charles J. Oliver Helms School of Government, Liberty University Author Note Charles J. Oliver I have no known conflict of interest to disclose. Correspondence concerning this article should be addressed to Charles J. Oliver. Email: cjoliver3@liberty.edu

2 RESEARCH PAPER Abstract Gun violence is a prominent topic of discussion in the United States, occupying a central position in conversations concerning the challenges of our nation. Gun violence has several dimensions, prominently including urban gun violence and mass shootings, which have garnered significant attention. The contributing reasons to this form of violence are racial, political, and socio- economic problems. The Constitution grants individuals the freedom to possess firearms, although there exists a viewpoint advocating for limitations on this right to address the prevalent issue of gun violence in our nation. The restrictions encompass age limitations, the prohibition of guns acquisition by those with criminal records, and the imposition of prohibitions on certain categories of firearms. This study aims to examine two legislative measures that seek to tackle the problem of gun violence. In this discourse, I intend to present an overview of the matter at hand and elucidate the ramifications associated with the passive stance adopted by our nation. I will then employ the May, Can, Should paradigm to analyze these two legislative measures, with the aim of evaluating their respective merits and drawbacks.

3 RESEARCH PAPER Defining the Problem Overview Gun violence claims the lives of over 100 individuals daily in the United States. Of the individuals who lose their lives to gun violence, more than 60% are due to suicide, while approximately 35% are attributed to homicides. The United States has significantly higher rates of firearm homicide and suicide compared to other countries, with the firearm homicide rate being nearly 25 times higher and the firearm suicide rate being roughly 10 times higher (Gramlich, 2023). This issue is directly linked to the United States having the highest firearm ownership rates among high-income countries globally. In the United States, firearm acquisition is comparatively simpler than in other nations. A common misconception is that individuals with mental health issues are responsible for gun violence. However, the United States has comparable rates of mental illness to other high- income countries. The disparity lies in the accessibility and abundance of firearms in the United States. Firearm ownership is deeply rooted in the culture of the United States. Americans are aware of their right to own and possess firearms, and many exercise this right (Boine et al., 2020). For some individuals, collectibles hold value, while others view them as a hobby or sport. Firearms are inherently dangerous when possessed by individuals with malicious intent. A significant number of Americans derive pleasure from engaging in activities such as hunting, target shooting, and firearm collection. The gun violence epidemic also has a geographical aspect, as certain states have stricter firearm ownership laws than others. However, this is not the case at the federal level. Gun laws can vary significantly depending on geographical location. This also applies to the mortality rates related to firearms. Mississippi had

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4 RESEARCH PAPER the highest death rate among all states in the country in 2021, while Massachusetts had the lowest (Gramlich, 2023). Root causes The issue of gun violence encompasses several dimensions. When determining an individual's propensity for engaging in gun violence, it is imperative to avoid making judgments based entirely on a single factor. However, it is linked to other aspects of society such as school and peer impact, familial influence, and social and cultural contacts, among others. The subject matter pertains to the occurrence of urban gun violence, incidents of mass shootings, instances of domestic violence, and cases of suicide. Numerous underlying factors contributing to the occurrence of gun violence have been identified. Certain causes exhibit interconnections, but others may independently contribute to the observed outcomes. Poverty, inequality, and unfairness are prevalent issues, with unreliable public services, poor schools, unsuitable living conditions, a lack of hope and possibilities in certain neighborhoods, and notably, the ease of accessing guns. Social, economic, and political factors contribute to gun violence in America. Boine et al. (2020) argue that black individuals residing in impoverished communities face a significantly higher risk of gun-related homicide compared to their white counterparts, with a tenfold increase in mortality rates. Research has shown that cities with high rates of gun homicides often have large segregated black communities that are consistently underinvested in. This has led many to believe that these conditions are intentionally created to foster socioeconomic disparities between the wealthy and the poor. The disadvantaged neighborhoods foster violence, leading individuals to become deeply involved in it and subsequently resort to further violence as they advance in life. Many large cities today experience a cycle of limited opportunities.

5 RESEARCH PAPER In poor areas, not only is there a high prevalence of gun violence, but there is also a high rate of other forms of violence. The most fundamental of human necessities, including housing, medical care, and food, are inaccessible to these populations. To maintain their standard of living, the individuals in question cultivate a culture of thievery (Boine et al., 2020). It does not matter how much this cannot be justified; the fact is that it is a primary cause of violence, and it is something that happens all over the world. The subsequent result is an increase in violent behavior with firearms. The widespread availability of firearms in the United States contributes to the underlying factors of gun violence in America. There is currently no national gun owner database in the United States, as most states handle firearm registration independently. In 2020, the United States witnessed the COVID-19 pandemic, which led to increased firearm purchases due to political unrest and frequent lockdowns. There was a noticeable rise in firearms purchases starting in January 2020, which continued steadily throughout 2021 and 2022. The positive correlation between purchasing firearms and the increase in gun violence was observed simultaneously (Djupe & Friesen, 2023). Due to the increase in mass shootings in schools and public areas, particularly involving individuals under 18 years old, a significant number of adolescents have reported being able to quickly access a loaded firearm in their homes. Approximately one-third of these adolescents can access a firearm in less than 5 minutes, while over half can do so within an hour. Due to the absence of a national database and varying levels of restrictions across states, the United States is among the most accessible countries globally for firearm purchases (Nadeem, 2023). The accessibility of illegal firearms in the United States significantly contributes to gun violence.

6 RESEARCH PAPER While mental illness is not a direct cause of gun violence towards others, it is associated with a higher incidence of suicides. Most individuals with a mental illness are not prone to violence. However, it is important to note that almost all firearm-related deaths associated with mental illness are due to suicides. A firearm suicide attempt has an approximate success rate of 85% (Everytown for Gun Safety Support Fund, 2023). These attempts are frequently impulsive and constitute the primary cause of firearm-related deaths in the United States. As mentioned earlier, the United States does not have a higher proportion of mentally ill individuals compared to other high-income countries. However, the United States does have a significantly higher rate of gun ownership. The increased availability of firearms is a contributing factor to the high incidence of firearm-related suicides. Conflicting interpretations In the United States, a two-party system prevails, consisting of Republicans and Democrats. There are many individuals who are gun owners and represent both political parties. Mitchell (2023) reports that among Republicans or independents leaning Republican, 32% consider gun violence a significant issue in the United States. In contrast, 65% of Democrats or independents leaning Democrat perceive gun violence as a serious issue in the country. 50% of gun-owning Democrats consider gun violence to be a problem, whereas less than 25% of gun- owning Republicans share the same belief. Democrats and Republicans seldom find common ground on matters concerning gun ownership and related policies. A significant disagreement between the two parties is whether owning a gun enhances safety. Approximately 79% of Republicans believe it does, while a similar percentage of Democrats hold the opposite view.

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7 RESEARCH PAPER Impacts The incidence of gun violence has exhibited a consistent upward trajectory since 2013. Consequently, if no proactive measures are taken to tackle this pressing concern, this upward trend is expected to persist. Following the onset of the COVID-19 epidemic, there has been a notable surge in the acquisition of firearms and a corresponding rise in fatalities associated with firearms. Hence, the development of policy is of utmost importance in addressing and mitigating such forms of violence. In comparison to other industrialized nations, the United States exhibits a much higher prevalence of both gun-related killings and suicides. Gun-related violence, including both homicides and suicides, has a significant impact on society. Families are devastated and permanently affected by this form of violence. People who experience this type of violence often resort to using it themselves. The impact on the victim is significant due to the prevalence of this method of homicide in the United States. If no action is taken within the established policies to address this form of violence, its prevalence will persist and impact an increasing number of families and individuals. Policy Alternatives H.R.5717 - Gun Violence Prevention and Community Safety Act of 2020 The objective of this bill is to establish a federal gun licensing system that mandates the possession of a federal or state-issued firearms license for gun ownership or purchase. Additionally, it aims to initiate a grant program to assist states in implementing their own licensing systems (H.R.5717). S.14 - Age 21 Act

8 RESEARCH PAPER The proposed legislation seeks to increase the minimum age requirement for the acquisition of large-capacity ammunition-feeding devices or semiautomatic assault weapons from 18 years to 21 years. May Gun Violence Prevention and Community Safety Act Biblical guidelines The Second Amendment of the United States Constitution asserts that a well-regulated militia is necessary for the security of a free state. Recent mass shootings have raised concerns about individuals' right to own firearms, leading to intense debates. Recent studies indicate that most Americans favor stricter gun control regulations. National background checks for retail weapon transactions have increased significantly. Despite the increasing number of concealed carry permits granted by Gun Control states, ammunition sales continue to rise. The weapons industry flourishes as it opposes additional gun regulations. The Bible does not mention Christian armed carry. The decision to possess a lethal weapon necessitates caution and discernment. Individuals in possession of firearms should be educated about all relevant safety regulations. The decision to possess and carry guns is a personal matter. As a Christian, it is imperative to consider violent action as a last resort, only when all other options have been thoroughly explored (Fischer, 2019). Constitutional guidelines The U.S. Constitution grants the government explicit authority over criminal justice matters. The government possesses the authority to establish laws and regulations to safeguard citizens and promote the prosperity of our nation. The preamble of the U.S. Constitution proclaims the establishment of justice, assurance of domestic tranquility, and promotion of the

9 RESEARCH PAPER general welfare of the United States and its citizens (The Constitution of the United States, 2023). As time passes, criminals evolve, necessitating the implementation of government policies to address these crimes. There have been amendments to protect individuals, such as the Fourth Amendment which protects citizens from unreasonable search and seizures, and the Sixth Amendment which provides the accused with the right to a fair and speedy trial by an impartial jury. Once again, the government is implementing policies to safeguard the vulnerable from the influential and affluent (Kraft & Furlong, 2019). S. 14 - Age 21 Act Biblical guidelines The Bible extensively discusses the importance of wisdom and knowledge. According to Job 12:12, wisdom is possessed by the elderly, and understanding is possessed by the old. This bill aims to decrease gun-related crimes, including suicide, which is considered a sinful act of violence. In the context of the separation of Church and State, the Church is accountable for addressing non-criminal sins, while the State is responsible for addressing sins that are considered crimes (Fischer, 2019). The objective of this policy is to rely on the assumption that individuals who are 21 years old possess greater wisdom compared to 18-year-olds, resulting in reduced tendencies towards violence or impulsiveness commonly observed in adolescents. In Biblical theology, it is stated that advancing in age corresponds to increasing wisdom. The differentiation between restitution and retribution is frequently discussed in the context of criminal justice policy. We are instructed by God to refrain from seeking retribution ourselves and instead entrust justice to God's will (Monsma, 2008) . Restitution should be pursued to promote global peace.

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10 RESEARCH PAPER Constitutional guidelines The government has the authority to enact laws for the purpose of ensuring the safety of its citizens. The preamble of the U.S. Constitution discusses the goals of establishing justice, ensuring domestic tranquility, and promoting the general welfare of the United States. The law complies with the constitutional guidelines in the United States. Several other provisions in the Constitution pertain to criminal justice policy, such as the Fourth Amendment, which safeguards citizens against unreasonable searches and seizures (Kraft & Furlong, 2019). The Sixth Amendment guarantees individuals accused of crimes the right to a fair and speedy trial by an impartial jury. The Age 21 Act is being introduced by the government to enhance the safety of Americans by addressing gun violence. Consequently, the government is acting within its constitutional authority to enact this bill. Can Gun Violence Prevention and Community Safety Act Political feasibility Gun Violence Prevention and Community Safety Act has a significant level of political viability. The perception of enhanced public safety is associated with the implementation of gun control measures, as opposed to a lack thereof. This pertains mostly to the post-traumatic experiences linked to incidents of gun violence. Upon retrospective analysis of historical events, it becomes evident that the possession of firearms has resulted in more harm than benefit. Financial feasibility It is anticipated that the implementation of this strategy would lead to a rise in the national debt, with the aim of facilitating the establishment of gun control measures. Numerous resources are anticipated to be employed in the endeavor to remove firearms from public

11 RESEARCH PAPER circulation, conduct thorough investigations of firearm retailers, and ensure strict adherence to regulatory protocols. Practical feasibility The national security and investigation department would ensure public compliance with these policies. If approved, this legislation would necessitate a significant allocation of financial and physical resources for implementation and upkeep. This bill necessitates the establishment of a new department and agency, resulting in the need for additional federal employees, infrastructure, and operational expenses. This legislation proposes the establishment of a federal licensing system. This system would need to be developed at the federal level and would require state and local governments to hire additional personnel and potentially expand their infrastructure to fulfill its intended purpose. S. 14 - Age 21 Act Political feasibility The bill was introduced to Congress on January 23, 2023, and is currently pending a vote. This means that the bill is currently in the first stage of the legislative process. This was previously introduced in Congress but did not receive a vote. The bill was sponsored by Dianne Feinstein, a senior Democratic Senator from California (Age 21 Act, S. 14). According to GovTrack.us, the likelihood of this bill being enacted is currently 2%. For reference, only 11% of bills pass the committee stage, and a mere 2% are ultimately enacted into law. This slim chance suggests that it may take a considerable amount of time, if at all, for this to be enacted as law. Financial feasibility This proposed legislation is expected to have minimal or negligible financial implications on the national debt and federal expenditure. Given that the objective of this proposal is to

12 RESEARCH PAPER modify Title 18 of the United States Code to restrict the acquisition of specific guns by persons who are below 21 years old, the sole entity that may experience a financial consequence is the firearms industry, as it would incur losses in sales to this age group (Congress, 2023). If this law were to be implemented, the formation of special committees and the creation of government- appointed positions would not be necessary. Practical feasibility Given that this law would be an amendment to an existing law, it is highly likely that it could be signed into law, as there are already similar laws in place. If this law passes, there will be no government-appointed positions or programs created to oversee it. No new buildings would be constructed or occupied. Ideally, this law should be reviewed by a congressional committee before being potentially sent to the Senate and the House for voting. Once the bill is approved by both the Senate and the House, the President will sign it into law. Should H.R.5717 - Gun Violence Prevention and Community Safety Act According to the Bible, God instructs us to respect those in authority and refrain from seeking revenge. Supporting mental health agencies can be viewed as a form of restitution, helping individuals who may have previously committed crimes and are currently facing challenges. According to divine guidance, seeking retribution aligns with the pursuit of global peace. The government has clear constitutional authority over criminal justice policy, including gun control policy. The U.S. Constitution's preamble provides explicit instructions for the government to ensure the safety of its citizens. The Constitution contains several amendments that grant the government the constitutional authority to implement policies (Kraft & Furlong, 2019).

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13 RESEARCH PAPER S. 14 - Age 21 Act I support the eventual passage of this bill. I believe implementing additional regulations for firearm purchases would be beneficial to the citizens of the United States. According to biblical teachings, age is associated with wisdom. According to scripture, it is stated that those in authority are responsible for carrying out God's will and ensuring our protection from evil (Monsma, 2008) . The government has the constitutional authority to enact this law for the purpose of ensuring the safety of its citizens (Fischer, 2013). Support for children dealing with mental health issues, particularly those who may be suicidal, is essential for the government to fulfill its constitutional duty outlined in the preamble to ensure our prosperity and safety. Summary The outcomes of the Age 21 Act are still pending. Extending the age limits on firearm purchases would be highly advantageous. I believe the two bills presented in this paper could effectively complement each other to achieve a more desirable outcome. The Age 21 Act specifies the specific types, brands, and calibers of firearms that it includes. H.R.5717 is crucial for imposing additional crimes and stipulations on individuals who commit gun crimes. H.R.5717 received criticism for not including an age restriction of 21 or a complete ban on assault rifles. Hence, there exists a mutually beneficial relationship between the two entities. Increased FBI background checks on firearm purchases would restrict individuals under the age of 21 from buying firearms in certain states. If provided with an opportunity, the community exhibited a high level of discipline, suggesting that the implementation of the second policy had the potential to provide optimal results. The primary concern is not with firearms themselves, but rather with the presence of violent inclinations within individuals. The implementation of this policy poses a greater threat

14 RESEARCH PAPER to the lives of many individuals than it provides protection. The initial strategy is deemed very pragmatic as it effectively mitigates several opportunities for the occurrence of gun violence. In a society characterized by greater levels of civility, the implementation of the second policy may have had positive outcomes. However, given the prevailing circumstances of our contemporary day, prioritizing safety is of paramount importance.

15 RESEARCH PAPER References Age 21 Act (S. 14) . (2023). GovTrack.us. https://www.govtrack.us/congress/bills/118/s14 Boine, C., Siegel, M., Ross, C. S., Fleegler, E. W., & Alcorn, T. (2020). What is gun culture? Cultural variations and trends across the United States. Humanities and Social Sciences Communications , 7 (1). https://doi.org/10.1057/s41599-020-0520-6 Djupe, P. A., & Friesen, A. (2023). An epidemic among my people: Religion, Politics, and COVID-19 in the United States . Temple University Press. Everytown for Gun Safety Support Fund. (2023, July 19). Firearm suicide in the United States . Everytown Research & Policy. https://everytownresearch.org/report/firearm-suicide-in- the-united-states/ Fischer, K. (2013). Biblical principles of government . Scholars Crossing. https://digitalcommons.liberty.edu/gov_fac_pubs/525/? utm_source=digitalcommons.liberty.edu%2Fgov_fac_pubs %2F525&utm_medium=PDF&utm_campaign=PDFCoverPages Fischer, K. (2019). Biblical Principles of Government and Criminal Justice . Retrieved October 13, 2023, from https://canvas.liberty.edu/courses/516973/pages/watch-biblical-principles- of-government-and-criminal-justice?module_item_id=55782475 Gramlich, J. (2023, April 26). What the data says about gun deaths in the U.S. | Pew Research Center . Pew Research Center. https://www.pewresearch.org/short-reads/2023/04/26/what-the-data-says-about- gun-deaths-in-the-u-s/ Gun Violence Prevention and Community Safety Act of 2020 (2020 - H.R. 5717) . (2020). GovTrack.us. https://www.govtrack.us/congress/bills/116/hr5717

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16 RESEARCH PAPER Job 12:12 (NIV) . (n.d.). Bible Gateway. https://www.biblegateway.com/passage/?search=Job %2012%3A12&version=NIV Kraft, M. E., & Furlong, S. R. (2019). Public policy: Politics, Analysis, and Alternatives . CQ Press. Mitchell, T. (2023, August 16). Views of guns and gun violence in the U.S. Pew Research Center’s Social & Demographic Trends Project. https://www.pewresearch.org/social- trends/2017/06/22/views-of-guns-and-gun-violence/ Monsma, S. (2008). Healing for a broken world: Christian Perspectives on Public Policy . Crossway. Nadeem, R. (2023, June 30). Gun violence widely viewed as a major – and growing – national problem | Pew Research Center . Pew Research Center - U.S. Politics & Policy. https://www.pewresearch.org/politics/2023/06/28/gun-violence-widely-viewed- as-a-major-and-growing-national-problem/ U.S. Const. amend. I–X. U.S. Const. pmbl. US - HR5717 . (2017). BillTrack50. https://www.billtrack50.com/BillDetail/1189961

PADM 550 Research Paper

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