The City Council of Takoma Park established the Takoma Park Task Force on Gun Violence through Resolution #1999-51 on October 25, 1999. The Task Force was created following widespread public debate and discussion in the wake of a proposed handgun ban referendum. The referendum was struck down by a court order on procedural grounds related to the appropriate use of ballot initiatives in Maryland. The City Council set forth the mission of the Task Force in its resolution as follows:
a. To educate Takoma Park residents about the nature, extent, and effects of gun violence.
b. To develop a strategy for the City of Takoma Park, based on the results of the November, 2, 1999, vote on the two advisory ballot questions.
c. To collect laws, materials, and information from other Maryland local governments which regulate the sale, possession, and transfer of handguns pursuant to the Annotated Code of Maryland, Art. 27, § 36 (h)(b).
d. To recommend ordinances and other programmatic approaches and initiatives relating to gun violence and handguns as appropriate.
e. To report to the City Council on a periodic basis, and make recommendations, as needed.
f. To conduct such other activities as the Task Force deems necessary to further the above duties and responsibilities.
Task Force members were appointed by the City Council and included citizens of Takoma Park with a wide range of views and opinions on gun ownership, gun control, gun violence, and gun violence prevention.
The Takoma Park Task Force on Gun Violence held meetings from November 1999 through September, 2000. All meetings of the Task Force were open to the public.
To gather statistics on gun violence and learn about gun violence prevention efforts, Task Force members served on one of two committees: Data or Interventions and Preventions.
The Data Committee looked at the national, state, and local levels for statistics in the following areas: death and injury; laws and enforcement; access, use and ownership; risks; and viewpoints. The Interventions and Preventions Committee studied numerous programs and strategies, posed introductory questions to identify issues and assess possible interventions, analyzed the effectiveness of strategies, discussed issues around legislation and litigation, and developed criteria for considering intervention or action in Takoma Park.
While Committees were pursuing their tasks, the Task Force held general meetings. Speakers and experts made presentations, and materials were gathered from different disciplines and perspectives, including law enforcement and prosecution, violence prevention, and gun safety and recreation.
Developing "a strategy for the City of Takoma Park, based on the results of the November 2, 1999 vote on the two advisory ballot questions" became moot as a result of a court order disallowing the referendum. However, the Task Force saw the development of a comprehensive strategy to prevent gun violence as the lynchpin of its mission and the open, respectful, discussion of divergent views as essential to its process. The Data, and Interventions and Preventions Committees reported the statistics and analysis gathered. This provided a knowledgeable base for Task Force members to subsequently propose, debate, and pass Recommendations. Reports from each of these committees are included in the appendices to this Report.
Members of the Task Force found several key areas of common ground. These include a desire to make Takoma Park as safe and violence-free as possible, a commitment to address social and cultural issues leading to gun violence, and a realization that it takes more than laws to stop gun violence. Gun violence is a complex and multi-tiered societal problem, and solutions need to reflect this reality.
In addition to laws, gun violence prevention takes community will; funding to enforce those laws and prevention programs; cross-jurisdictional cooperation between law enforcement agencies; education about guns in the schools, family, and community; parents and mentors acting as an antidote to our culture's violence; and active social services for those most susceptible to engaging in gun violence and to being victimized by it.
Gun ownership proponents state that the people who own firearms legally and responsibly and follow existing laws, regulations, and safety procedures are not the cause of gun violence. They attribute the problem to illegal guns and the lack of enforcement of existing laws and regulations. Gun control advocates see the problem as too little regulation and easy access to both legal and illegal guns.
Even between these two perspectives, common ground is apparent both nationally and within our Takoma Park community. People from many viewpoints agree that there are responsible gun owners who adhere to firearm laws and who store their firearms safely, while there are gun owners who are not adequately trained and do not store firearms safely. Too many people gain access to guns and use them intentionally or unwittingly to cause death, injury, and fear, and there is a shared and growing mutual disgust with the glamorization of firearm misuse in countless movies, television shows, music, electronic games, and other media. Not only does such glamorization teach a disregard for life and a violent approach to problem-solving, but, by removing the human element from death and injury, it provides a disturbingly unrealistic view of gun violence.
Takoma Park's gun violence statistics are discussed in the Data Committee Report. Opinions on the Task Force vary about whether the frequency of gun crimes (including assaults and thefts) in Takoma Park constitutes a serious gun violence problem within our City. However, all members agree that Takoma Park borders areas where firearm violence is a serious problem. Unique inter-jurisdictional enforcement problems are created by people who come into our City to commit crimes involving firearms. Further, attitudes and conditions that lead to youth gun violence in nearby jurisdictions can be found within our own borders. Finally, factors that contribute to gun-related suicides and accidents are as prevalent in Takoma Park as in many other urban jurisdictions.
After months of careful consideration, the Task Force saw that to reduce both gun violence and the risk of increased gun violence within Takoma Park, the City will need to address the following problems:
Access To Guns -- including illegal guns and those in the hands of people who are not adequately trained or do not properly secure their firearms.
Social Factors -- including drug abuse, and lack of access to recreation, educational, and employment opportunities especially among youth after school, on weekends and during the summer months.
Inadequate Law Enforcement -- including the need for more funding and resources to provide more efficient and effective enforcement.
Jurisdictional Crossroads -- including the fact that Takoma Park is a densely populated urban municipality wedged between several higher-crime localities and that crime is being "imported" into Takoma Park.
Negative Cultural Attitudes -- including media romanticization of "gun-slinging" and use of violence to solve problems in the entertainment industries.
Suicides And Accidents -- including the fact that over half the nation's handgun deaths are suicides, nearly half of which occur among senior citizens, and are committed at the hand of the legal owner of the handgun.
The Recommendations that follow contemplate these overarching considerations, while the Preamble to Recommendations outlines factors that will be necessary for the success of any comprehensive strategy for the City of Takoma Park to reduce gun violence.
This Report comprises the following Sections:
Although the Task Force's mission is fulfilled with the presentation and publication of this Report, the challenge of implementing actions, policies, laws, and programs to address gun violence and effect gun violence prevention is just beginning. The Report and Recommendations are not legislative mandates for the Takoma Park City Council. Rather, they provide information and proposals from which citizens and the Takoma Park City Council can take further action.
The Task Force strongly encourages the Takoma Park City Council to effect the broad dissemination of this Report. We urge the City Council to sponsor a series of public hearings to engage support or opposition for these Recommendations and to learn about new ideas. City department heads, other city employees and independent contractors, including the corporation counsel, should provide a feasibility review of the Recommendations. Furthermore, City Committees, other volunteer entities, and partners within our community should be encouraged to provide an analyses of the Report and Recommendations.
The Task Force has provided a comprehensive and focused study for reducing gun violence and the risk of gun violence to the citizens of Takoma Park. Their decisions will determine the full measure of its viability and vitality.
Takoma Park Task Force on Gun Violence
Common Ground The City of Takoma Park should strive for gun violence prevention strategies that unite people by stressing areas of common ground, without polarizing people who have different perspectives. The need to demystify the glorification of gun violence in the media and toy industry is an example of a campaign that transcends political viewpoints and unites citizens committed to a common goal.
Ongoing Information
Ongoing and updated information must continue to be provided. Resources - both staff and funds - should be committed by the city government for ongoing forums and access to information on gun violence and gun violence prevention. This might include regular features in the City's newsletter and youth presentations through the Takoma Park Police or Recreation Department.
Using Resources
Within the City and the surrounding area is a wealth of resources and partners that should be engaged to provide more opportunities for effective law enforcement and prevention projects. City departments should further their contacts with counterparts in county, state, and federal government. Private entities can also provide vital resources, such as staff, programs, facilities, and funding. Soliciting in-kind services and ideas prevents duplication of efforts when creating and implementing programs to prevent gun violence. Resources include the following:
ATHLETIC - City sports leagues, County sports leagues
BUSINESS - American Film Institute, Discovery Channel, Locally Owned Businesses
CIVIC - Citizen and Tenant Associations; Apartment Complexes
CITY COMMITTEES - Public Safety, Recreation, Green Team, Horticulture
CITY DEPARTMENTS - Recreation, Police, Housing, Public Works
EDUCATION - Montgomery College, Columbia Union College, Montgomery County
Public Schools, Adventist Schools, PTAs
FOUNDATIONS - Takoma Foundation (local), the Soros Foundation (international)
HEALTH CARE -Washington Adventist, Holy Cross, and Children's hospitals
LAW ENFORCEMENT - Takoma Park Police, District of Columbia Police,
Montgomery County Police and District Attorney's Office,
United States Department of Justice
LOCAL GOVERNMENT - Social Services, Mental Health, Recreation, Development Agency
LOCAL COMMITTEES - Silver Spring Advisory Board, Eastern Area Advisory Committee
RELIGIOUS - Churches, synagogues, and mosques, inter-faith coalitions
Youth Involvement
The success of programs for youth is directly dependent on attracting youth to participate in the creation and implementation of special activities and ongoing programs. Such endeavors should empower youth to take ownership of what they can do to prevent gun violence, and to understand the rights and responsibilities they have as citizens.
Takoma Park Task Force on Gun Violence
SECTION A. DATA/ STATISTICS Page 8
A-1. LIST OF INDICATORS
SECTION B. EDUCATION & TRAINING
B-1. PAMPHLETS
B-2. RESOURCES
B-3. TRAINING FOR GUN OWNERS
B-4. ENDORSE CONFLICT RESOLUTION
B-5. GUN LOCK PROGRAMS Page 9
B-6. SEMINARS
SECTION C. ENFORCEMENT
C-1. ASSESSMENT
SECTION D. FOLLOW-UP
D-1. FOLLOW-UP MEETING WITH CITY COUNCIL
D-2. PERMANENT ENTITY
SECTION E. FUNDING/ BUDGET Page 10
E-1. GRANTS AND OTHER FUNDING
E-2. COMMUNITY PARTNERSHIP POSITION
E-3. COMMUNITY CENTER
SECTION F. IMAGE
F-1. SIGNAGE
SECTION G. LEGISLATION Page 11
G-1. HANDGUN BAN FOR RESIDENCES WITHIN
SPECIFIED DISTANCE
G-2. LOCAL GUN LOCK ORDINANCE
G-3. HANDGUN BAN FOR RESIDENCES THAT RUN
PROGRAMS FOR CHILDREN
SECTION H. LICENSING
H-1. INDIVIDUALS WHO PURCHASE HANDGUNS
SECTION I. NETWORKING AND LOCAL RESOURCES
I-1. COMMUNITY SOCIAL WORKERS
SECTION J. PUBLIC AWARENESS CAMPAIGN: THE MESSAGE Page 12
J-1. PROMOTING GUN-FREE HOMES
J-2. FACTORS AFFECTING GUN VIOLENCE
SECTION K. TARGETED POPULATIONS/ AREAS
K-1. BUSINESS "HOT SPOT"
K-2. SUBSIDIZED AND LOW-INCOME HOUSING CENTERS
SECTION L. YOUTH EDUCATION
L-1. PROGRAMS FOR NON-SCHOOL HOURS
L-2. CONFLICT RESOLUTION IN SCHOOLS Page 13
L-3. TEACHING KIDS WHAT THEY SHOULD DO WHEN THEY SEE A GUN
L-4. EDUCATIONAL PROGRAMS ON GUN VIOLENCE Page 14
L-5. HEALTH EDUCATION CURRICULUM
L-6. EXPANDED PUBLIC SAFETY FAIR
L-7. PUBLIC SPEAKERS FORUM
Takoma Park Task Force on Gun Violence
RECOMMENDATIONS
SECTION A. DATA/ STATISTICS
A-1. LIST OF INDICATORS
The City of Takoma Park should develop a comprehensive list of indicators, consulting with other appropriate community advisory groups to determine if the programs it adopts, pursues, and funds are effectively reducing gun violence and reducing the precursors to gun violence; statistics and indicators may include gun crime rates, morbidity and mortality rates, efforts at inter-jurisdictional enforcement, number of gun owners, and the number of children and adults coming into contact with the juvenile and criminal justice systems.
Passed, May 24, 2000: 11 Support, 1 Abstention.
SECTION B. EDUCATION & TRAINING
B-1. PAMPHLETS
The City of Takoma Park should develop and distribute a pamphlet(s) dealing with issues such as laws governing gun ownership; carrying and possession of a gun; how to store a gun properly; gun safety with children and in the home; and proper gun disposal. Pamphlets should be made available in the languages used in Takoma Park.
Passed, May 4, 2000: Unanimously
B-2. RESOURCES
The City of Takoma Park should identify and disseminate resources, such as documentaries, books, and articles, that demystify the glorification of gun use prominently portrayed in violent video games, toys and movies.
Passed May 8, 2000: Unanimously
B-3. TRAINING FOR GUN OWNERS
The City of Takoma Park should endorse and support certified gun safety training courses and instruction for its citizens who own guns or want to own guns through dissemination of information, referrals, and contacts.
Passed May 8, 2000: 6 Support, 1 Opposes, 2 Abstentions.
B-4. ENDORSE CONFLICT RESOLUTION
The City of Takoma Park should endorse a program that teaches effective conflict resolution, including the relationship between gun violence, inappropriate conflict resolution, and the availability of guns.
Passed May 16, 2000: Unanimously
NOTE: Resources include the Children's Creative Response to Conflict, which has been in existence for 27 years.
B-5. GUN LOCK PROGRAMS
The City of Takoma Park should explore gun safety programs that distribute gun locks, such as the Montgomery County free gun lock program and the National Shooting Sports Foundation's (NSSF) "Project HomeSafe" program.
Passed June 20, 2000: Unanimously.
NOTE: The NSSF provides safety kits that include a gun locking device and safety education materials to be distributed free of charge by the local police department.
B-6. SEMINARS
The City of Takoma Park should periodically offer seminars on practical steps citizens can take to increase personal safety, home security, and community awareness of security issues.
Passed June 20, 2000: Unanimously.
SECTION C. ENFORCEMENT
C-1. ASSESSMENT
The City of Takoma Park should provide a regularly published comprehensive review of its gun violence prevention efforts and determination of any additional resources and staffing needed for more effective enforcement of existing laws and related laws (e.g., domestic violence).
Passed May 24, 2000: 10 Support; 1 Abstention.
SECTION D. FOLLOW-UP
D-1. FOLLOW-UP MEETING WITH CITY COUNCIL
The City of Takoma Park should arrange a follow-up meeting between the Task Force on Gun Violence and the Takoma Park City Council. At this meeting, the City Council will share its initial reactions to the recommendations, and the Task Force will provide background, clarification, and ideas for implementation to help the City Council in its deliberative process. In order to give the City Council ample time to review and discuss our recommendations, we propose that the meeting be held in the early fall of 2000.
Passed, May 4, 2000: Unanimously.
D-2. PERMANENT ENTITY
The City of Takoma Park should establish a standing body on Gun Violence Prevention - either a separate committee or a subcommittee of the Public Safety Citizens Advisory Committee - that collaborates with existing city agencies and committees, monitors Task Force recommendations together with their budget implications, keeps issues in front of citizens, assists in soliciting and obtaining funds and resources, regularly collects and reviews relevant data and statistics pursuant to Recommendation A-1, "List of Indicators," and makes follow-up recommendations based on this information.
Originally passed, May 4, 2000: Unanimously.
Revised, and passed, May 24, 2000: Unanimously.
SECTION E. FUNDING/ BUDGET
E-1. GRANTS AND OTHER FUNDING
The City of Takoma Park should explore and secure grants, other sources of funding, and partnership opportunities to reduce gun violence, including enforcement and prevention efforts that promote opportunities for education, recreation, and employment.
Passed, May 30, 2000: Unanimously.
E-2. COMMUNITY PARTNERSHIP POSITION
The City of Takoma Park should maintain a Community Partnership position; responsibilities would include promoting the reduction of the risks of gun violence by expanding opportunities for education, recreation, job training and social services with private and public partners that can provide resources such as facilities, staff, and funding.
Passed May 30, 2000: 9 Support, 0 Oppose, 2 Abstentions.
Passed as modified, June 20, 2000: Unanimously.
NOTE: Examples of resources that could be used for networking and partnership are included in the Preamble.
E-3. COMMUNITY CENTER
The City of Takoma Park should continue its efforts to seek full funding of a community center for activities such as meetings, youth events, and computer and education programs. Funds could be solicited funds through private foundations and funding and government grants.
Passed June 20, 2000: Unanimously.
SECTION F. IMAGE
F-1. SIGNAGE
The City of Takoma Park should post signs at the City borders, in parks, and elsewhere promoting firearms enforcement laws and a positive violence-free community.
Passed May 30, 2000: 10 Support, 0 Oppose, 1 Abstention.
NOTE: For example, Minneapolis has posted flags and signs to inform citizens that transporting an illegal handgun from another state into the city is a federal offense that carries a 10-year sentence. Similar flags could be posted on the Takoma Park/ D.C. border since D.C. is considered a state for transportation purposes.
SECTION G. LEGISLATION
G-1. HANDGUN BAN FOR RESIDENCES WITHIN SPECIFIED DISTANCE
The City of Takoma Park should adopt an ordinance that complies with existing state and county laws to ban handgun ownership in any residence or business that is within a specified distance(1)
from parks, churches, schools, public buildings, and other places of assembly without prohibiting the teaching of firearms safety training or other educational or sporting use. Grandfathering and ownership of antique guns are amongst topics that should be considered when drafting this ordinances.
Passed May 30, 2000: 8 Support, 2 Oppose, 0 Abstentions.
G-2. LOCAL GUN LOCK ORDINANCE
The City of Takoma Park should adopt an ordinance that complies with existing state and county laws requiring use of child safety locks on all firearms inside City limits in order to protect children from accidents. Exceptions will be made for police officers.
Passed, May 30, 2000: 6 Support, 4 Oppose, 1 Abstentions.
G-3. HANDGUN BAN FOR RESIDENCES THAT RUN PROGRAMS FOR
CHILDREN
The City of Takoma Park should adopt an ordinance that complies with existing state and county laws requiring that any residence or business that is used for activities or programs for children under 18 years old be gun-free during the times in which such activities or programs meet.
Passed, June 27, 2000: 7 Support, 2 Oppose, 0 Abstentions.
SECTION H. LICENSING
H-1. INDIVIDUALS WHO PURCHASE HANDGUNS
The City of Takoma Park should encourage the state of Maryland and the United States government to adopt gun licensing regulations.
Passed, June 20, 2000: 9 Support, 1 Opposes, 0 Abstentions.
SECTION I. NETWORKING AND LOCAL RESOURCES
I-1. COMMUNITY SOCIAL WORKERS
The City of Takoma Park should work with Montgomery County to establish a "community social worker" to promote community well-being and to reduce and prevent gun violence.
Passed June 20, 2000: Unanimously.
SECTION J. PUBLIC AWARENESS CAMPAIGN: THE MESSAGE
J-1. PROMOTING GUN-FREE HOMES
The City of Takoma Park should establish a public awareness campaign that dispels the myth that guns are the best means of personal and home safety, that advocates gun-free homes, and that promotes the most effective gun safety measures for homes that do have guns.
Passed May 8, 2000: Unanimously.
Passed as modified, September 14, 2000: Unanimously.
J-2. FACTORS AFFECTING GUN VIOLENCE
The City of Takoma Park should establish a public awareness campaign that identifies and informs its citizens about factors that can affect gun violence, measures that can be taken to reduce violence, and contacts, referrals, and resources for its citizens in areas such as suicide prevention, mental illness, economic stress, substance abuse, and domestic violence.
Passed May 8, 2000: Unanimously.
SECTION K. TARGETED POPULATIONS/ AREAS
K-1. BUSINESS "HOT SPOT"
The City of Takoma Park should identify "hot spots" in the small business community most affected by gun violence and develop strategies with the City of Takoma Park Police Department and other agencies to promote a secure and safe business climate.
Passed, June 27, 2000: 6 Support, 2 Oppose, 0 Abstentions.
K-2. SUBSIDIZED AND LOW-INCOME HOUSING CENTERS
The City of Takoma Park should work with the United States Department of Housing and Urban Development to initiate strategies to provide safety from gun violence in low-income, senior, and public housing.
Passed, June 27, 2000: 5 Support, 2 Oppose, 1 Abstentions.
SECTION L. YOUTH EDUCATION
L-1. PROGRAMS FOR NON-SCHOOL HOURS
The City of Takoma Park should establish more programs outside of school hours to occupy children and to reinforce positive images and activities. Specifically, programming should be expanded with the following considerations:
a. Continue and enhance programs offered every week day after school.
b. Ensure low child-to-adult ratios.
c. Provide age-specific activities, and subdivide by age group.
d. Provide anti-violence and crisis prevention training to all adults involved in running the after-school programs.
e. Establish and foster regular communications between the appropriate county social workers and county prosecutors and all adults involved in running the after school programs.
f. Explore ways of involving volunteers in the community in the after-school programs.
g. Offer, to the extent possible, evening programming several nights a week.
h. Provide, to the extent possible, low-cost summer programs along the same lines as the after-school programs.
i. Work with community prosecutors, local law schools, and others to establish programs of rights and responsibilities, such as Teen Court and Street Law.
j. Network with providers of other providers of youth programs.
Passed, May 16, 2000: Unanimously.
NOTES:
1. Certain discussion topics are not appropriate for all age groups, or discussion for certain topics must be specifically geared to certain age groups. For example, what is appropriate for a teen audience must be reviewed for appropriateness for elementary school students.
2. In seeking community volunteers, it would be especially productive to link seniors with youth. Both populations are at risk of self-inflicted gun violence and studies show that active involvement with others reduces the likelihood of suicide.
3. Funding possibilities include Marshall/ Brennan fellows; Office of Juvenile justice and Delinquency Prevention; Open Society Institute.
4. The Mission Project and Young Entrepreneurs Program operated by the City's Recreation Department are examples of programs that are effectively attracting youth and can be developed to promote programs aimed at reducing gun violence.
L-2. CONFLICT RESOLUTION IN SCHOOLS
The City of Takoma Park should encourage schools and colleges within its borders, both public and private, to teach a program of Conflict Resolution for its students and establish a vehicle for conflict resolution and/or peer counseling for its students.
Passed May 16, 2000: Unanimously. Revised and passed May 24, 2000: Unanimously.
L-3. TEACHING KIDS WHAT THEY SHOULD DO WHEN THEY SEE A GUN
The City of Takoma Park should instruct the standing body on gun violence prevention to review existing gun safety programs and curricula that teach children what to do if they find a gun. It should also develop a list of recommended programs to address the full range of issues associated with gun safety.
Passed May 24, 2000: 10 Support, 1 Opposes, 1 Abstention.
L-4. EDUCATIONAL PROGRAMS ON GUN VIOLENCE
The City of Takoma Park should encourage schools and colleges within its borders, both public and private, to offer educational programs that complement and echo the Public Awareness Campaign Recommendations. Specifically, such programs should detail the factors leading to gun violence, the shattering consequences of gun violence, and steps that can be taken to reduce the risk of gun violence.
Passed May 24, 2000: 9 Support, 1 Opposes, 1 Abstention.
L-5. HEALTH EDUCATION CURRICULUM
The City of Takoma Park should insist that Montgomery County Public Schools implement the state, and county-mandated Health Education Curriculum for its pre-Kindergarten through Grade 8 students attending schools within Takoma Park; the City should particularly endorse the components and objectives within this curriculum that identify warning signs that lead to violence and encourage practices that prevent violence.
Passed May 24, 2000: Unanimously.
L-6. EXPANDED PUBLIC SAFETY FAIR
The City of Takoma Park should expand its annual Public Safety Fair to include groups and presenters providing information on topics such as the dangers of gun use and ownership, gun safety, conflict resolution, factors that lead to gun violence, measures to prevent gun violence, and where to get help for children or families in crisis or in need.
Passed May 24, 2000: Unanimously.
L-7. PUBLIC SPEAKERS FORUM
The City of Takoma Park should create a speakers forum in areas such as gun violence and crime within the City and surrounding areas; gun violence prevention measures; resources, staff, and funding for present and proposed programs; public and private collaborations; and programs by public agencies and private vendors.
Passed May 24, 2000: 8 Support, 2 Oppose, 1 Abstention.
NOTE: Resources include the Lion & Lamb Project, the Izaak Walton League, and The Johns Hopkins University.
Takoma Park's Task Force on Gun Violence
SECTION A. DEATH AND INJURY STATISTICS Page 17
National Firearm Death Statistics
Firearm Deaths in Maryland
Children and Gun Deaths Page 18
Women and Gun Deaths Page 19
Race and Gun Deaths
Suicide Page 20
Youth Suicide
Senior Suicide Page 21
Unintentional Injuries and Deaths
SECTION B. CRIME Page 22
National
Maryland Page 23
Takoma Park Page 24
Subsidized and Low-Income Housing Page 25
SECTION C. LAWS AND ENFORCEMENT Page 26
United States Constitution
Federal Restrictions On Buyers
Federal Restrictions On Sellers Page 27
Background Checks
State of Maryland - Restrictions on Sellers Page 28
State of Maryland - Restrictions on Buyers Page 29
State of Maryland - Criminal Sanctions Page 30
Local - Montgomery County
Preemption Page 31
SECTION D. ACCESS, USE, AND OWNERSHIP Page 32
Gun Ownership Patterns in Takoma Park
Gun Ownership Patterns in Maryland Page 33
Gun Ownership Patterns Nationally
Handgun Ownership
Youth and Guns Page 34
Illegal Guns
SECTION E. RISKS
Presence of a Firearm: Protection versus Harm Page 35
Domestic Gun Crimes Page 36
Guns in the Home Page 37
SECTION F. VIEWPOINTS
Ownership and Availability
Self-Defense and Home Safety Page 38
Sentencing and Prohibitions
Registration and Licensing Page 39
Ban on Firearms Page 40
Safety Regulations Page 41
Support a Waiting Period for Gun Purchases
Limitations on Gun Shows Page 42
Violence
Guns and Schools
Endnote - Second Amendment Page 43
Bibliography Page 45
Section A. Death and Injury Statistics
National Firearm Death Statistics
According to the Johns Hopkins Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy(2):
- In 1997, there were 32,436 gun-related deaths in the United States -- over 88 deaths a day. Of these, 54% were suicides, 42% were homicides.
- Among 26 high-income and upper-middle-income countries, the United States has the highest overall gun mortality rate.
According to the Fact Sheet on Number of Distribution of Firearm Injuries and Deaths, Johns Hopkins Center for Gun Policy and Research:
- Since 1993, gun deaths have declined by 18%.
- Gun-related deaths are the second leading cause of injury death in the United States. In 1997, firearm-related deaths outnumbered motor vehicle-related deaths in five states and the District of Columbia.
Firearm Deaths in Maryland
According to the October 20, 1999, report A Farewell to Arms, compiled and disseminated by the Maryland State Attorney General Office:
- In 1996, more than twice as many people were murdered by handguns in Maryland than in Canada, Germany, Great Britain, Japan, Australia, and New Zealand combined.
- In Maryland, more people die from firearms -- well over 700 a year -- than motor vehicle accidents.
- Based on conservative estimates, Marylanders pay more than $90 million a year in life-time medical costs alone for firearm injury and deaths. (More cost statistics are to be found on page 35 of A Farewell to Arms.)
- More than 100 people die every day by firearms, making them the eight leading cause of death in the United States. It is the second leading cause of injury death, surpassed only by motor vehicle fatalities. In 1996, firearm deaths actually exceeded those from motor vehicles in six states, including Maryland, and the Centers for Disease Control and Prevention estimates that by the year 2001, firearms will surpass motor vehicles as the leading cause of product-related death nationwide. In Maryland, firearm death has surpassed motor vehicle accident death since 1991. In 1996, firearm deaths numbered over 16 per 100,000 people, for a total of 764, giving Maryland the fourteenth highest rate in the country.
According to statistics released from the Maryland State Police in May 1996, as reported by Marylanders Against Handgun Abuse:
- Firearm violence is the leading cause of death among Marylanders under the age of 25.
- Firearms are second only to HIV/AIDS as the leading cause of premature death among African Americans.
- Firearms are used in more than 80% of homicides in which teens are victims.
Children and Gun Deaths
According to statistics gathered for 1994 by the National Center for Health Statistics, as reported by the Center to Prevent Handgun Violence:
- Every day in America, 15 children aged 19 and under are killed in gun homicides, suicides, and unintentional shootings. Many more are wounded.
- In 1992, 3,362 children and teenagers were murdered with guns, 1,426 committed suicide with guns, and 501 died in unintentional shootings.
According to the report A Farewell to Arms:
- In 1996, a total of 338 children were killed by handguns in Japan, Great Britain, Canada, Germany, and France 5,285 were killed by handguns in America.
According to the Fact Sheet on Number of Distribution of Firearm Injuries and Deaths, Johns Hopkins Center for Gun Policy and Research:
- The firearm death rate among American children 14 and younger is nearly 12 times higher than the combined rate in 25 other industrialized nations.
According to Handgun Control's paper The School Shootings . . . . And Beyond: Kids and Guns in America:
- More than 800 Americans, young and old, die each year from guns shot by children under the age of 19. This figure does not include suicides.
According to statistics released from the Maryland State Police in May in 1996, as reported by Marylanders Against Handgun Abuse:
- Firearms are used in more than 80% of homicides in which teens are victims.
According to In the Crossfire: The Impact of Gun Violence on Public Housing Communities, U.S. Department of Housing and Urban Development, 2000:
- Between 1985 and 1991, the United States saw increases in the number of violent crimes committed with firearms, particularly among the youth population. During this period, the homicide rate for adolescents under the age of 18 tripled. In fact, all of the additional homicides committed by juveniles during this period were gun-related. Between 1985 and 1991, the number of gun-related homicides more than doubled with no accompanying growth in non-gun homicides.
Women and Gun Deaths
According to Guns and Domestic Violence: An Overview, from 'News Flash,' an online newsletter of the Family Violence Prevention Fund:
- Guns were the cause of death for 46 % of the female homicide victims and 42 % of female suicides. Of the female homicide victims, 55 percent were slain by an intimate partner or "first-degree relative," and 82 percent were murdered by someone they knew.
Race and Gun Deaths
According to the Centers for Disease Control and Prevention, "Youth Violence" Fact Book:
- Violence is more prevalent in certain populations. Among 15 to 24 year olds, homicide is the number one cause of death for blacks, the second leading cause of death for Hispanics, and the third leading cause of death for Native Americans.
According to Johns Hopkins Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy:
- Among black males, 92% of homicides occurred by firearm.
According to 1995 statistics gathered by the Centers for Disease Control as reported by Marylanders Against Handgun Abuse:
- For black males, aged 15 to 19 the suicide rate increased by 164.3% from 1980 to 92. This is approximately six times as great as the overall national increase for teenagers in this age range.
Suicide
According to 1995 statistics gathered by the Centers for Disease Control as reported by Marylanders Against Handgun Abuse:
- In Oregon from 1988 to 1993, 78.2% of suicide attempts with firearms were fatal. Only 0.4 percent of suicide attempts by drug overdose were fatal.
According to Johns Hopkins Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy:
- In 1997, 54% of gun deaths were suicides.
According to In the Crossfire: The Impact of Gun Violence on Public Housing Communities, U.S. Department of Housing and Urban Development, 2000:
- Nationally, there were 17,566 suicides caused by firearms in 1997.
Youth Suicide
According to 1995 statistics gathered by the Centers for Disease Control as reported by Marylanders Against Handgun Abuse:
- In 1992, firearm-related deaths accounted for 65% of suicides among individuals under the age of 25.
- From 1980 to 1992, the suicide rate for 15 to 19 year olds increased by 28.3%; for black males, aged 15 to 19 the suicide rate increased by 164.3%; and for children between the ages of 10 and 14, the suicide rate increased by 120%.
According to Brent, General Psychiatry, 1988, as reported by Marylanders Against Handgun Abuse:
- The odds that potentially suicidal adolescents will kill themselves double when a gun is kept in the house.
According to statistics gathered by the National Center for Health Statistics as reported by Marylanders Against Handgun Abuse:
- A youth aged 10 to 19 committed suicide with a gun every six hours in 1992--1,426 people in one year.
According to Handgun Control's paper The School Shootings:
- In 1996, more than 1300 children aged 10-19 committed suicide with firearms.
According to the report A Farewell to Arms:
- From 1952 to 1992, the incidence of suicide among adolescents and young adults nearly tripled.
Senior Suicide
According to the report A Farewell to Arms:
- Though men over 65 represented only 5% of the United States population in 1996, 21% of all suicides were committed by men over 65 in that year.
According to the Centers for Disease Control and Prevention, State Injury Mortality Data series:
- The total number of suicides in the United States for 1996 was 30,535; of these, 5,728 were among seniors 65 years and older (4,749 for senior men and 979 for senior women). Of the 30,535 suicides in the United States in 1996, 18% were among the population 65 years and older; of the 5,728 suicides among those 65 years of age and over, 83% were among men.
- The number of suicides by firearms in the United States for 1996 was 17,566; of these, 4,008 were among seniors 65 years and older (3,665 for senior men and 343 for senior women). Of the 30,535 suicides in the United States in 1996, 58% were due to use of firearms; of the 5,728 suicides among those 65 years of age and older, 70% were due to use of firearms; and of the 4,749 suicides in the United States among men 65 years of age and older, 77% were due to firearms.
Unintentional Injuries and Deaths
According to the Associated Gun Clubs, National Safety Council - 1995 Accident Facts:
- There were 1,400 accidental deaths due to unintentional firearm injuries in 1995. This is just under 4 deaths a day nationally.
- For children between the ages of 15 and 24, the accidental death rate due to unintentional firearm injuries was 2.5 times higher than the aggregate rate. This said, a far higher share of accidental deaths are caused by motor vehicles, falls, poisoning, and drowning than by unintentional firearm injuries. Firearm death rates in various states, Maryland among them, rival and surpass motor vehicle accidents only when intentional shootings--whether of another person or of oneself--are included.
According to In the Crossfire: The Impact of Gun Violence on Public Housing Communities, U.S. Department of Housing and Urban Development, 2000:
- Nationally, there were 18,500 unintentional injuries and 1,400 unintentional deaths caused by firearms in 1997.
According to Johns Hopkins Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy:
- In the one year period from June 1994 through May 1995, an estimated 87,844 persons were treated for nonfatal firearm-related injuries in U.S. hospital emergency rooms. For every firearm death, there are approximately three nonfatal firearm injuries.
- It is estimated that every year over 17,000 persons are treated for unintentional nonfatal gunshot wounds in hospital emergency departments.
National
According to Johns Hopkins Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy:
- Of all homicides in 1997, 68% occurred by firearms, but, among black males, 92% of homicides occurred by firearms.
- Of firearm homicides for which the type of gun was known, 86% were committed with handguns in 1997.
According to the Statistical Handbook on Violence in America, citing 1996 Department of Justice statistics:
- Of all murders for which the relationship between the victim and the offender was known in 1992, 31% were committed by a relative, friend, or boy/girlfriend of the victim. Only 22% were committed by strangers. (Murder figures include non-negligent manslaughter.)
According to the U.S. Department of Justice (DOJ), Federal Bureau of Investigation as reported in Crime in the United State-Uniform Crime Reports, 1998, 1997, 1996, 1995:
- Murder, robbery, and aggravated assault figures declined in the United States between 1995 and 1998. The absolute numbers of these crimes decreased as did the share of these crimes committed with firearms. That said, nearly 65% of all murders committed in the United States in 1998 were committed with a firearm.
| Murder | Robbery | Aggravated Assault | |
|---|---|---|---|
| 1995 | 13.8 (68.2%) | 238.0 (41.0%) | 251.7 (22.9%) |
| 1996 | 11.5 (67.5%) | 218.6 (40.7%) | 226.6 (22.0%) |
| 1997 | 10.7 (67.7%) | 198.0 (39.7%) | 204.6 (20.0%) |
| 1998 | 9.1 (64.9%) | 170.6 (38.2%) | 183.2 (18.8%) |
Although the DOJ data shows the share of robberies, aggravated assaults and murder committed with firearms, it does not show the national handgun data for other crimes.
| # of Handgun Murders | Handgun Murders As a Share of All Murders | Handgun Murders As a Share of Firearm Murders | |
|---|---|---|---|
| 1995 | 11,282 | 81.8% | 55.8% |
| 1996 | 9,266 | 54.6% | 80.9% |
| 1997 | 8,441 | 53.3% | 78.7% |
| 1998 | 7,361 | 52.3% | 80.5% |
| Average | 80.5% |
From 1995-1998, approximately 80.5% of all murders committed in the United States with firearms were committed with handguns.
Maryland
According to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Sourcebook of Criminal Justice Statistics 1998:
| Firearm-Related Violent Crime As a Share of All Violent Crime | Firearm-Related Murder As a Share of All Murder | |
|---|---|---|
| Maryland | 43,127 (31.5%) | 502 (77.5%) |
| United States | 1,634,773 (26.0%) | 16,189 (67.5%) |
Murder figures include non-negligent manslaughter.
According to the Statistical Handbook on Violence in America, citing 1996 United States Department of Justice statistics:
| Handgun Murders | Firearm Murders | Total Murders | |
|---|---|---|---|
| Maryland | 427 (66.8%) | 458 (71.7%) | 639 |
| United States | 13,252 (56.9%) | 16,189 (69.6%) | 23,271 |
| Maryland | 93.2% |
|---|---|
| United States | 81.9% |
Murder figures include non-negligent manslaughter. The share of violent crimes and of murders committed with firearms in Maryland exceeds the national averages. Both nationally and in Maryland, the absolute number of handgun murders dropped between 1993 and 1997, but in Maryland the share of murders committed with a firearm increased from 71.7% of all murders in 1993 to 77.5% of all murders in 1997.
According to a pamphlet by the Montgomery County, Maryland, Department of Police:
- In 1998, 61% of the homicides committed in Maryland involved a firearm.
Takoma Park
According to the Takoma Park Police report of May 12, 1999:
| Homicide | Robbery | Aggravated Assault | |
|---|---|---|---|
| 1995 | 1 (100%) | 51 (52%) | 9 (14%) |
| 1996 | 2 (66%) | 35 (33%) | 8 (29%) |
| 1997 | 0 ( -- ) | 33 (37%) | 3 (9%) |
| 1998 | 1 (100%) | 33 (45%) | 5 (10%) |
Given that the number of murders with or without handguns is quite small in Takoma Park, the Task Force could not extrapolate trends from the statistics provided. Comparisons of data focus on robberies and aggravated assaults. Please note that for Takoma Park the crime data covers "handguns" and that for the United States the crime data covers "firearms." Both nationally and in Takoma Park, the absolute number of crimes and the percent of these crimes committed with a firearm (national) and handgun (Takoma Park) decreased between 1995 and 1998. In Takoma Park, handgun-related crimes ranged from a high of 61 in 1995 to 39 in 1998.
In each of the four years from 1995 through 1998, the share of robberies committed with a handgun in Takoma Park exceeded the share of robberies committed nationally with firearms. As handguns are a subset of firearms, it is reasonable to assume that an apples-to-apples comparison would yield an even larger differential between the national figures and Takoma Park's figures. In 1998, 45% of robberies were committed with a handgun in Takoma Park. In that same year, 38.2% percent of robberies nationwide were committed with a firearm.
In each of the four years from 1995 through 1998, the share of aggravated assaults committed with a handgun in Takoma Park was lower than the share of aggravated assaults committed nationally with firearms. As handguns are a subset of firearms, it is reasonable to assume that an apples-to-apples comparison would bring the figures closer together, but, without any notion of the share of firearm assaults committed with handguns, it is impossible to know how much closer.
Note: None of the crime data reports examined--Takoma Park, state and national--provides information about the share of crimes in which the assailant told the victim that s/he was carrying a gun. The assailant need not have been telling the truth when making this claim. Criminal laws reflect the seriousness of such a claim. For example, common law robbery is defined as taking from a person by force or fear.
Subsidized and Low-Income Housing.
According to In the Crossfire: The Impact of Gun Violence on Public Housing Communities, United States Department of Housing and Urban Development, 2000:
- A report released in February 2000 by the United States Department of Housing and Urban Development examined the magnitude of gun-related violence in and around public
housing. A resident of public housing is twice as likely to suffer from gun-related victimization as other members of the general population--10 per 1,000 persons in public housing compared to 4 per 1,000 persons not in public housing. The study found a strong correlation between income and violent crime. Persons with low incomes residing in rental housing were victims of gun violence at the same rate as residents of public housing. Residents in both public housing and low-income rental housing include large numbers of children and seniors.
- Persons residing in public housing are over twice as likely to be exposed to gun violence as the general population.
- In 1998, there were an estimated 360 gun-related homicides in 66 of the nation's 100 largest public housing authorities--an average of nearly one gun-related homicide per day. The problem of gun violence, however, is not confined to the largest housing authorities. In a larger group of more than 550 housing authorities, there were an estimated 296 gun-related homicides in public housing authorities across the country in the first six months of 1999 alone.
- A National Crime Victimization Survey analysis shows that those in public housing in areas with less than 500,000 residents have the same or higher rates of gun violence victimization as those in public housing in areas with more than 1 million residents.
United States Constitution
The Second Amendment of the United States Constitution reads:
- A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.(3)
Federal Restrictions on Buyers
The Brady Law - The Brady Handgun Violence Prevention Act (Public Law 103-159) prohibits federally licensed gun dealers from selling firearms to, among others, persons convicted of any felony or a domestic violence misdemeanor. Persons subject to a domestic violence restraining order also are prohibited from possessing guns.
According to In the Crossfire: The Impact of Gun Violence on Public Housing Communities, U.S. Department of Housing and Urban Development, 2000:
- Through 1999, the Brady law has stopped more than 470,000 felons, fugitives, and domestic abusers from purchasing firearms.
- The Supreme Court (Gillespie v. City of Indianapolis, 1999 U.S. App. Lexis 15117) rejected an appeal from a former Indianapolis policeman who said he had the right to carry a gun even though he had pled guilty to a domestic violence crime.
According to the report A Farewell to Arms:
- Until 1993, there were about 250,000 federally licensed dealers in the United States, of whom only 20,000 had actual stores and one-half were pawn brokers. Since passage of the Brady bill, the 1994 crime bill, and other reforms, the number has dropped to between 90,000 and 100,000 federally licensed dealers.
To buy a gun from a federally licensed dealer, one must be of sound mind and not be a convicted felon or spouse or child abuser.
There are no restrictions on buying a gun privately from any unlicenced seller willing to make the sale. However, such a buyer may not purchase a handgun across state lines.
Domestic Violence - Federal law (18 U.S.C. §§ 921, 922(g)(8)) has specific restrictions on the shipping, transport, possession, or purchase of firearms for persons who have been subject to a court order for "harassing, stalking, or threatening an intimate partner," or "convicted in any court of a misdemeanor crime of domestic violence."
Federal Restrictions on Sellers
Federal-licensed seller - The Gun Control Act of 1968 (pub.L.No. 90-354, 8 Stat. 162 (1968)) made it illegal to sell or transfer a firearm to a minor and lists specific requirements for federally licensed interstate trafficking gun dealers: over 21 years old, a place of business that conforms to local zoning laws, a clean criminal record, no history of willfully violating any firearms laws, and payment of the application fee for a federal license.
The Firearm Owner's Protection Act of 1986 -This bill rolled back many regulatory controls of the Gun Control Act of 1969, including precluding the Bureau of Alcohol Tobacco and Firearms from keeping any national database of gun ownership and strictly limiting on-site inspections to ensure dealer compliance.
Background Checks
According to the 1999 Survey by the National Association of Chiefs of Police as included in "Care Package" from Bob Culver - Montgomery Citizens for a Safer Maryland:
- 6.2% of responding chiefs of police and sheriffs reported that within the past year their agencies were called upon to arrest an individual for making a false statement on an application to purchase a firearm.
According to Guns and Domestic Violence: An Overview, from 'News Flash:'
- In the United States, between January and November 1998, 70,000 handgun purchases were rejected due to presale background checks. Of these, 9,310 (13.3 percent) were denied because the purchaser had been convicted of a domestic violence misdemeanor (9.9 %) or was subject to a domestic violence restraining order (3.4 %). Domestic violence misdemeanors and restraining orders combined were the second most common reason for rejection after denials due to felony indictments or convictions.
- A preliminary investigation of compliance with the Brady Law found that 12 out of 17 selected New Orleans licensed dealers had discrepancies in their records. In addition, a national study showed that just 20 percent of all licensed gun dealers were the source of all 77,010 guns traced to crimes committed in 1998.
- If a "denied" response is returned after the purchaser has already obtained his or her weapon from the dealer, the case becomes a "delayed denial" and is referred to the Bureau of Alcohol Tobacco and Firearms for investigation. From November 30, 1998 to August 31, 1999, there were more than 2,000 "delayed denial" referrals under investigation by the ATF. As of August 31, 1999, guns had been retrieved in just 300 of these cases.
State of Maryland-Restrictions on Sellers
State License Requirement - Dealers must obtain a state license. To obtain a state license, an individual must have a place of business, submit a photograph, undergo fingerprinting, be at least 21 years old and a citizen of sound mind, have a clean criminal record, and not be an addict or habitual user of any controlled substances.
Assault and Other Weapons - Sales of assault pistols, machine guns, and magazines with more than 20 rounds of ammunition are strictly regulated.
Permissible Sales - The Maryland Handgun Roster Board determines which handguns may be sold. Only handguns it approves may be sold in Maryland. Out of the more than 2000 available handguns, 29 are prohibited for sale. An additional 82 handguns are not approved by the Board and thus may not be sold. Many of the Maryland requirements and restrictions on firearms are controlled by the Gun Violence Act of 1996, which updated the assault weapons list and the list of firearms banned for sale as a result of the Assault Pistols Act of 1994.
Minors - It is illegal to sell a gun to a person under 21 years of age.
Gun Shows - Firearm sales by buyers at gun shows are subject to the same waiting period and application process for those purchased from licensed dealers.
Trigger Locks - By virtue of the Responsible Gun Safety Act of 2000, all handguns sold in Maryland will be required to have external trigger locks as of October 1, 2000.
Built-in Locks - By virtue of the Responsible Gun Safety Act of 2000, all handguns sold in Maryland will be required to have built-in locks as of January 1, 2003.
Confiscated guns - By virtue of the Responsible Gun Safety Act of 2000 police agencies are prohibited from selling confiscated guns.
Ballistic Fingerprints - By virtue of the Responsible Gun Safety Act of 2000 gun manufacturers must provide a ballistic fingerprint of shell casings of all new guns, and firearms dealers must submit the fingerprint to state police.
State of Maryland-Restrictions on Buyers
Prohibitions - By virtue of The Responsible Gun Safety Act of 2000, prohibits all persons convicted of a violent crime as a juvenile are prohibited from possessing a handgun until age 30.
Mandatory Training - By virtue of the Responsible Gun Safety Act of 2000, any person buying a gun must complete a two- hour safety training course.
Licensing/ Required Permits - An application is required for all sales and transfers of handguns. The application has a $10 fee.
Limits - Gun purchases for buyers are limited to one per month.
"Straw Purchases" - An individual is prohibited from buying a gun for someone else.
Background Checks - A background check is required by the Maryland State Police. Restrictions apply to those convicted of felonies, those with a mental health issue, and abusers of drug or alcohol.
Waiting Period - There is a seven day waiting period on all handgun and assault rifle transfers, including secondary sales.
Youth - Youth under 21 years may not possess handguns without parental consent and supervision.
Transport - Firearms may be transported for range or sporting purposes if unloaded and in either an enclosed case or holster with no ammunition accessible. Firearms may be transported interstate if there is a lawful purpose, the firearm is unloaded, and the firearm or any ammunition being transported is neither readily accessible nor directly accessible from the passenger compartment.
Concealed Carry - Maryland has restrictive laws allowing citizens to carry concealed weapons only when need is demonstrated to the Maryland State Police and a special permit is obtained. Otherwise, carrying a handgun outside the home is prohibited.
Storage - It is unlawful to store or leave a loaded firearm in any location where an unsupervised child under the age of 16 years could gain access to the firearm.
Weapons Used for Hunting, Sporting Events, and Collecting - Regulated firearms do not include sporting-type shotguns and rifles used for hunting and other sporting events. Most antique and collectable firearms are unregulated if over 100 years old. However, restrictions do apply to antiques and collectibles if under 100 years old.
According to the report A Farewell to Arms:
- There is no requirement that a person who wishes to own and use guns must know anything about how to operate, store, or clean them safely.
State of Maryland - Criminal Sanctions
Violation of Concealed Weapons Prohibition
- First Offense - $250 to $2,500 fine or 30 days to three years in the Maryland Division of
Correction. On school property - minimum 90 day sentence.
- One Prior Conviction for Concealed Weapon Prohibition - one-year mandatory minimum with up to 10 years in the Maryland Division of Correction.
- More than One Prior Conviction for Concealed Weapon Prohibition - three-year mandatory minimum with up to 10 years in the Maryland Division of Correction.
- Previous Felony Violent Crime or Drug Offense - The Responsible Gun Safety Act of 2000 mandates a mandatory minimum five year state prison term for illegal possession of a firearm for all felons previously convicted of a violent crime or drug offense.
Use of a Weapon during Commission of Drug Trafficking Crime
- First Offense - five-year mandatory minimum with up to 20 years in state prison.
- Second Offense - ten-year mandatory minimum with up to 20 years in state prison.
- Doubling of Mandatory Minimum - for use of specific weapons, including machine guns.
Local - Montgomery County
"Gun Initiative Program"
The Montgomery County, Maryland, Department of Police's "Gun Initiative Program" includes:
- An aggressive enforcement policy.
- Enhanced follow-up investigations.
- A firearms evidence collection system.
- Special training for personnel to provide them with the knowledge and skills necessary to accomplish the objectives of the program.
- Participation in the federal government's Disarm Program.
- Public education campaign to elicit the support and assistance of the community.
Preemption
MARYLAND Article 27 §36H Annotated Code of Maryland: Preemption of Weapons and Ammunition Regulations
(a) Handguns, rifles, shotguns, and ammunitions. Except as provided in subsections (b), (c), and (d) of this section, the State of Maryland hereby preempts the right of any county, municipal corporation, or special taxing district whether by law, ordinance or regulation to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of the following:
(1) Handgun, as defined in §36F(b) of this article;
(2) Rifle, as defined in §36F(d) of this article;
(3) Shotgun, as defined in §36F(g) of this article; and
(4) Ammunition and components for the above enumerated items.
(b) Exceptions. Any county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the weapons and ammunition listed in subsection (a) of this section:
(1) With respect to minors;
(2) With respect to these activities on or within 100 yards of parks, churches, schools, public buildings, and other places of public assembly; however, the teaching of firearms safety training or other educational or sporting use may not be prohibited; and
(3) With respect to law enforcement personnel of the subdivision.
(c) Authority to amend local laws or regulations. To the extent that local laws or regulations do not create any inconsistency with the provisions of this section or expand existing regulatory control, any county, municipal corporation, or special taxing district may exercise its existing authority to amend any local laws or regulations that exist before January 1, 1985.
(d) Discharge of handguns, rifles, and shotguns. In accordance with law, any county, municipal corporation, or special taxing district may continue to regulate the discharge of handguns, rifles, and shotguns, but may not prohibit the discharge of firearms at established ranges.
MONTGOMERY COUNTY Chapter 57. 57-7A; Firearms in or Near Places of Public Assembly
(a) A person must not sell, transfer, possess, or transport a handgun, rifle, or shotgun, or ammunition for these firearms, in or within 100 yards of a place of public assembly.
(b) This section does not:
(1) prohibit the teaching of firearms safety or other educational or sporting use in the areas described in subsection (a);
(2) apply to a law enforcement officer, or a security guard licensed to carry the firearm;
(3) apply to the possession of a firearm or ammunition in the person's own home;
(4) apply to the possession of one firearm, and ammunition for the firearm, at a business by either the owner or one authorized employee of the business;
(5) apply to the possession of a handgun by a person who has received a permit to carry the handgun under State law; or
(6) apply to separate ammunition or an unloaded firearm:
(A) transported in an enclosed case or in a locked firearms rack on a motor vehicle; or
(B) being surrendered in connection with a gun turn-in or similar program approved by a law enforcement agency.
Gun Ownership Patterns in Takoma Park
According to a letter dated March 24, 2000, from the Maryland State Police, Public Affairs Unit:
- As of March 7, 2000, there were 962 regulated firearms owned by 413 individuals with the Takoma Park Zip Code (20912, note this zip code does not overlap 100% with the City boundaries, but it is a fair proxy). Regulated firearms include handguns and assault weapons as defined in the Annotated Code of Maryland, Article 27, Section 441.
Approximately 18,000 people are citizens of Takoma Park and live within the boundaries of the City. Thus, approximately 2% of Takoma Park residents own regulated firearms. On average, each Takoma Park resident who owns regulated firearms owns 2.3 of these weapons. Since regulated firearms do not include sporting type shotguns and rifles used for hunting and other sporting events, the Task Force did not receive statistics on how many of these unregulated weapons are within our borders or otherwise owned by citizens of Takoma Park. Likewise, no statistics are available on how many illegal guns are in Takoma Park. However, refer to page 32 for state and national estimates on the number of illegal firearms.
Gun Ownership Patterns in Maryland
According to statistics released from the Maryland State Police in May in 1996, as reported by Marylanders Against Handgun Abuse:
- There were approximately 1.3 million regulated firearms in Maryland, on average one
out of every five Marylanders owns a regulated firearm.
Gun Ownership Patterns Nationally
According to the report A Farewell to Arms:
- Almost half of all handgun owners report obtaining their handguns from unregulated sources--gun shows, gifts, private sales. There are no federal controls over these sales.
- Approximately 38,000 gun sales (18,000 handguns) occur every day in the United States.
- More than one-third (38% of households and 25% of all adults own at least one gun; 23% of households and 16% of adults own at least one handgun. In gun-owning households, the average number of guns is 4.1.
Handgun Ownership
According to the report A Farewell to Arms:
- There has been a marked increase in the share of firearms in the United States that are handguns. In the 1960s, handguns comprised roughly 20% of all firearms. Today, it is estimated that handguns account for roughly 35% of the firearms in circulation.
- Handgun owners are twice as likely to keep their guns loaded as other gun owners. Over one-third of gun owners keep their guns loaded all or some of the time while at home, and 53% keep them unlocked. A recent survey shows that 14% of gun owners living with children kept a gun both loaded and unlocked. Another survey found that 61% of gun-owning parents keep at least one gun unlocked.
Youths and Guns
According to A Farewell to Arms:
- Of youth reporting gun ownership in a Los Angeles survey of youth in an at-risk
neighborhood, 70% had obtained the gun from a friend.
- In 1996, one in 17 high school senior boys reported carrying a gun to school in the
previous four weeks, and almost 13% of middle and high school students report knowing
a student who brought a gun to school.
- More than one-tenth (14%) of teens report carrying a gun regularly, with the number
closer to 22% in the inner city. These numbers skyrocket to 88% among convicted
juvenile offenders.
Illegal Guns
According to statistics released from the Maryland State Police in May in 1996, as reported by Marylanders Against Handgun Abuse:
- In 1995, 2,429 firearms were stolen in Maryland. On average, six handguns are stolen every day in Maryland.
- Nationally, as of January 2, 1996, 26,076 firearms are actively listed as stolen in the National Criminal Information Center computers.
According to the report A Farewell to Arms:
- Estimates put the yearly national number of stolen firearms at about 500,000, and one survey shows that one-third of the guns used by armed felons are stolen.
According to Kellermann, Rivara, and Rushforth, New England Journal of Medicine, 1992 and 1993, as reported in the Johns Hopkins Center for Gun Policy and Research Fact Sheet on Gun Injury and Policy:
- In homes with guns, the homicide of a household member is almost three times more
likely to occur than in homes without a gun. The risk of suicide of a family member is
increased by nearly 5 times in homes with guns.
Presence of a Firearm: Protection versus Harm
According to Does Owning a Firearm Increase or Decrease the Risk of Death? by Peter Cummings, M.D., M.P.H., and Thomas D. Koepsell, M.D., M.P.H., JAMA, August 5, 1998:
- One study estimated that 400,000 adults felt that they had saved a life by using a gun in
1993. However, measuring benefits or risks cannot be judged only by people who use guns. And there are other factors to be considered:
(1) Bias - Clinicians cannot be confident that persons who used guns are the best judges of what would have happened had they not used a gun;
(2) Imbalance - assessing only benefits does not take into account when there was a non-beneficial result, e.g., death of the gun user;
(3) Comparison - a reasonable study should compare those with and without access to guns and measure the outcomes in terms of both the benefits, e.g., lives saved, and detriments, e..g. lives lost.
- Six case-controlled studies have examined the association between the presence of a gun in the home and suicide risk. All studies showed a greater risk of suicide when guns are in the home compared to homes without guns.
- Three studies showed that access to a handgun was more strongly associated with suicide and homicide than access to a long gun.
- The association between a loaded gun and death was greater than between an unloaded gun and a resultant death.
"Shall-issue" legislation mandates state or local authorities to issue a permit to any citizen who passes a criminal history background check and meets other objective criteria, such as age. "May-issue" legislation gives state or local authorities wide discretion to grant a permit, often requiring the applicant to demonstrate a special need to carry a concealed handgun. Proponents of "shall-issue" legislation argue that arming citizens enhances public safety by allowing potential victims to defend themselves and by deterring violent crime. Opponents argue that an increase in the number of people carrying handguns increases the number of lethal consequences of spontaneous confrontation and encourages criminals to resort to more lethal means.
According to Lott and Mustard, "Crime, deterrence, and right-to-carry concealed handguns," J. Legal Stud., 1997;26:1-68 as analyzed in "Flawed Gun Policy Research Could Endanger Public Safety," Webster, Vernick, Ludwig, and Lester, American Journal of Public Health, 1997, vol. 87, no. 6:
- Shall-issue laws were associated with statistically significant reductions in murders, rapes, and aggravated assaults, though not robbery. Lott and Mustard concluded that shall-issue laws brought about substantial reductions in violent crime but may also have led to some increases in property crime.
According to "Flawed Gun Policy Research Could Endanger Public Safety," Webster, Vernick, Ludwig, and Lester, American Journal of Public Health, 1997, vol. 87, no. 6:
- The authors found the flaws in the Lott and Mustard study of shall-issue laws to be so substantial, the findings so at odds with criminological theory and research, and the conclusions to be dubious at best.
- The authors found that the Lott and Mustard study do not justify dismissing previous literature finding that the shall-issue laws of five cities in three states were associated with with significant increases in homicides in three of the cities; Florida's shall-issue law was associated with an increase in homicides for the state as a whole.
Domestic Gun Crimes
According to a press release regarding the publication of When Men Kill Women: An Analysis of Homicide Data, Violence Policy Center, September 30, 1988:
- Homicides involving one female victim and one male attacker are most frequently the result of domestic violence, most often with a gun.
According to Guns and Domestic Violence: An Overview, from 'News Flash:'
- One national study found that 17 % of female victims of intimate violence reported that the perpetrator had threatened them with a weapon, although the weapon type was not specified.
- Nearly one-third of all women murdered in the United States in 1997 were slain by a current or former intimate partner. Guns were used in almost two-thirds of these domestic
homicides. (These figures may be conservative. In 28 % of homicide cases against women, the victim's relationship with the perpetrators was undetermined. These "relationship
undetermined" cases were not excluded from the analysis.)
- On average in the United States in 1997, more than one woman a day (393 women) was
shot and killed by her husband or intimate acquaintance during an argument.
- In the United States, more than four times as many women were murdered with a gun by their husbands or intimate acquaintances than were killed by strangers' guns, knives or
other weapon combined.
- Handguns are more likely than rifles or shotguns to be used in homicides in which men kill women. In the United States in 1997, handguns were used in 75 % of shootings in which one man killed one woman.
- The presence of a gun dramatically increases the chance that a domestic violence incident will end in murder. One study found that, in Atlanta, family and intimate assaults involving guns were 12 times more likely to result in death than family and intimate assaults not involving guns.
- A recent national study found that women have a significantly increased risk of being murdered when there is a history of domestic violence and a gun in the home. In one- fourth of the domestic violence murders examined, the perpetrators killed themselves after
the homicide. Guns were the most common weapons used in these murder-suicides.
Guns in the Home
According to Guns and Domestic Violence: An Overview, from 'News Flash:'
- In recent years, guns were used in self-defense by less than one in every 100 victims of violent crimes, including assault, homicide, rape, and robbery. The element of surprise in most crimes makes resistance very difficult, even when the victim is carrying a gun.
- A three-major-cities study of violent deaths found an increased risk of being murdered by an intimate acquaintance or family member when a gun is kept in the home.
- In 1997, 630 children aged 14 and under were killed by firearms in the United States. The rate of unintentional firearm deaths among American children under age 15 is nine times higher than in 25 other industrialized countries combined.
Ownership and Availability
According to the Sourcebook of Criminal Justice Statistics 1998, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice:
- To the question, "do you have a gun in your home?" the number of people answering "yes" has decreased from 47% in 1989 to 36% in 1999, with those answering "no" increasing from 51% (1989) to 62% (1999); the age group in 1999 with the largest "yes" response was between 50 to 64 years (46%) compared with individuals 18 to 29 years old (28%) and 30 to 49 years old (37%) and 65 years and older (36%); 27% of women responded "yes" in 1999 compared with 47% of men; and, 40% of white individuals answered "yes" in 1999 compared with 19% of nonwhite individuals.
According to the 1999 report "To Establish Justice, To Ensure Domestic Tranquility: A Thirty Year Update of the National Commission on the Causes and Prevention of Violence" issued by the Milton S. Eisenhower Foundation:
- The number of guns has increased at a faster rate than the population has grown. There are now almost 200 million firearms in this country.
According to the Coalition to Stop Gun Violence Fact Sheet on Guns in Schools:
- School security experts and law enforcement officials estimate that 80% of the firearms students bring to school come from home, while students estimate that 40% of their peers who bring guns to school buy them on the street.
According to the 1999 Survey by the National Association of Chiefs of Police provided by Montgomery Citizens for a Safer Maryland:
- 97.9% of responding chiefs of police and sheriffs believe criminals currently are able to obtain virtually any type of firearm by illegal means.
Self-Defense and Home Safety
According to the 1999 Survey by the National Association of Chiefs of Police provided by Montgomery Citizens for a Safer Maryland:
- 92.7% of Chiefs of Police and Sheriffs responding believe that any law-abiding citizen would be able to purchase a firearm for sport or self-defense.
According to the Sourcebook of Criminal Justice Statistics 1998:
- In 1998, 46.4% felt that the home was less safe with a handgun.
Sentencing and Prohibitions
According to the Sourcebook of Criminal Justice Statistics 1998, in the United States:
- 89% of 1999 respondents from the general public favored mandatory prison
sentences for felons who commit crimes with guns.
- 77% favored a life-time ban on gun ownership for any juvenile convicted of a felony.
- 57% favored holding parents legally responsible if their children commit crimes with their parents' guns.
- 68% favored banning the importation of high-capacity ammunition clips.
- 83% of the general public (and 75% of gun owners) believe that public places should prohibit patrons from bringing guns on the premises.
- In 1998, 75.3% favored keeping handguns from criminals, even if it makes it harder for law-abiding citizens to purchase handguns.
- In 1998, 80.9% favored prohibiting gun purchases to people convicted of assault and battery that does not involve a lethal weapon or serious injury.
- In 1998, 84.3% favored prohibiting gun purchases to people convicted of carrying a concealed weapon without a permit.
- In 1998, 68.1% favored prohibiting gun purchases to people convicted of driving under the influence of alcohol.
According to a Newsweek national poll from August 1999:
- 41% would punish makers and sellers if guns fall into the hands of children.
According to the 1999 Survey by the National Association of Chiefs of Police provided by Montgomery Citizens for a Safer Maryland:
- 32.7% of responding chiefs of police and sheriffs believe law-abiding citizens should be limited to purchase no more than one firearm per month.
- 40.7% of responding chiefs of police and sheriffs believe local "gun shows" are a major source for sales of illegal firearms to criminals.
Registration and Licensing
According to a random poll conducted of 1,204 adults in 1998 by the Johns Hopkins Center for Gun Policy and Research and the National Opinion Research Center at the University of Chicago:
- 60% of the general public (but only 37% of gun owners) want licenses to carry concealed weapons to be issued only to those with special needs, such as private detectives.
According to a Washington Post-ABC News poll from Thursday, September 9, 1999:
- 63% favor stricter gun control laws in this country while 35% oppose stricter laws.
According to the Sourcebook of Criminal Justice Statistics 1998, in the United States:
- 82% of 1999 respondents favored raising the minimum age for handgun possession to 21 years of age.
- 79% of 1999 respondents favored registration of all firearms.
- In 1998, 85.3% of respondents favored mandatory registration of handguns and 72.3% favored mandatory registration of rifles and shotguns.
Americans overwhelmingly support government regulation of guns as consumer products, especially with regard to the safe design of guns; stricter regulation of the sale of guns; banning the manufacture, sale, and possession of "Saturday night specials" and assault weapons; limiting handgun sales to at most one per month; subjecting private gun sales to background checks; and allowing only gun stores, rather than individuals, to obtain licenses to sell guns.(4)
Ban on firearms
According to a Newsweek national poll from August 1999:
- 50% of people who do not own firearms favor an outright ban on non-police handguns while 21% of gun owners favor such a ban; 68% believe military-style assault guns should be outlawed.
According to a Washington Post-ABC News poll from Thursday, September 9, 1999:
- 32% of all adults support a nationwide ban on the sale of handguns, except to law enforcement officers; 77% support a nationwide ban on the sale of assault weapons; and 49% support a nationwide ban on people carrying a concealed weapon.
According to the Hopkins-University of Chicago poll:
- A majority of the public believes people convicted of the following crimes should not be permitted to purchase a gun: domestic violence (90% of the general public and 80% of gun owners), simple assault (81% of the general public and 70% of gun owners), and driving under the influence of alcohol (68% of the general public and 57% of gun owners).
According to the Sourcebook of Criminal Justice Statistics 1998:
- In 1998, 38.5% favored banning possession of handguns, except by police or other authorized persons, and 15.6% favored a total ban on handguns.
Safety Regulations
According to a Newsweek national poll from August 1999:
- 89% of individuals polled support a requirement of safety locks for all new handguns.
According to a Washington Post-ABC News poll from Thursday, September 9, 1999:
- 79% of individuals polled support trigger locks on all stored guns.
According to the Hopkins-University of Chicago poll:
- 88% of the general public and 81% of gun owners support legislation requiring all new handguns to be childproof; 75% of the general public and 59% of gun owners favor legislation requiring all new handguns to be personalized (guns that by design can be fired only by an authorized user); 90% of the general public and 85% of gun owners support mandatory safety training for all gun buyers; and 95% of the general public and 92% of gun owners support holding domestically produced handguns to the same federal safety and quality standards as imported handguns.
According to the Sourcebook of Criminal Justice Statistics 1998:
- 85% of 1999 respondents favored a requirement for safety locks or trigger guards to be included with all new handgun purchases.
- In 1998, 87.9% favored a requirement that all new handguns must be childproof.
- In 1998, 69.8% favored a requirement that all new handguns be personalized so that only the owner can fire the handgun.
- In 1998, 74.9% favored a requirement for federal safety regulations for gun design.
According to the Coalition to Stop Gun Violence Fact Sheet on Guns in Schools:
- A Louis Harris, Inc., poll, conducted for the Joyce Foundation in Chicago found that only 43% of parents with children under 18 years of age who own a gun keep that gun safely locked. An estimated 1.2 million elementary-age, latchkey children have access to guns in their homes.
Support a Waiting Period for Gun Purchases
According to a Newsweek national poll from August 1999:
- 93% favor a mandatory waiting period for people who want to buy handguns.
According to the Sourcebook of Criminal Justice Statistics 1998:
- 87% of 1999 respondents favored mandatory background checks before people -- including gun dealers--could buy guns at gun shows.
Limitations on Gun Shows.
According to a Washington Post-ABC News poll from Thursday, September 9, 1999:
- 90% support background checks on people buying guns at gun shows; and 66% support a nationwide ban on gun sales by mail order and over the Internet.
According to a Newsweek national poll from August 1999:
- 51% want to ban gun shows that allow weapons to be bought and sold with little regulation.
Violence
According to the 1999 report issued by the Milton S. Eisenhower Foundation:
- From 1967 to 1998, the rate of violent crime in big cities in the United States--including murder, rape, robbery and assault--jumped from 860 incidents per 100,000 people to 1,218. The percentage of people who said they would be afraid to walk alone at night within a mile of their homes rose from 31% in 1967 to 41% in 1998.
- Gun deaths fall disproportionately among subgroups: In 1997, young adults (20 to 24 years of age) died by gunfire at a rate of 26 per 100,000. This rate is more than double the total population rate of 12 per 100,000. African American deaths in 1997 were 2.5 times the rate for whites. Male deaths were six times that of females.
Guns and Schools
According to the Coalition to Stop Gun Violence Fact Sheet on Guns in Schools:
- A 1990 survey conducted by the Centers for Disease Control found that one in 20 high school students carried a gun in the past month.
- A 1994 poll conducted by Lou Harris found that only one in five students would tell a teacher if he or she knew of another student carrying weapons to school.
The Second Amendment of the United States Constitution reads:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The leading Supreme Court case law on the Second Amendment remains U.S. v. Miller, 307 U.S.174 (1939). In this case, two men were convicted of interstate transport of a sawed off shotgun that they had not registered as required by the National Firearms Act of 1934. They appealed their convictions to the U.S. Supreme Court, arguing that the Second Amendment guaranteed them the right to bear arms and that the National Firearms Act was unconstitutional. In interpreting the scope of the Second Amendment, Court reviewed the section of the U.S. Constitution granting Congress the power. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress. U.S. Constitution, Article 1, Section 8.
That language, the Supreme Court concluded, read together with the Second Amendment, made it clear that the right to bear arms must be related to functions carried out by "the Militia": With obvious purpose to assure the continuation and render possible the effectiveness of such forces [the Militia] the declaration and guarantee of the Second Amendment were made. It must be interpreted and applies with that end in view. " United States v. Miller, 307 U.S. 174, 178 (1939).
Forty-one years later, the U.S. Supreme Court reiterated the holding that "the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia.' Lewis v. United States, 445 U.S. 55, 56 (1980) (footnote 8, quoting United States v. Miller).
Since the Supreme Court's holding in United States v. Miller, many federal courts of appeal have explored and followed the Court's holding that the Second Amendment confers no individual right to bear arms that is unrelated to participation in a government militia. (e.g., United States v. Oakes, 564 F.2d 384 (1977); United States v. Warin, 530 F.2d 103 (1976); Cody v. United States, 460 F.2d 34 (1972); Love v. Pepersack, 47 F.3d 120 (1956); and Hickman v. Block, 81 F.3d 98 (1996)). All of these federal appeals court cases were appealed to the Supreme Court, which refused to review them, leaving standing the federal appeals court decisions denying the existence of a constitutionally protected individual right to bear arms.
The only reference to the Second Amendment in more recent Supreme Court decisions is comment contained in the concurring opinion written by Justice Clarence Thomas in the case Printz v. U.S., 117 S.Ct. 2365 (1997). While the majority decided Printz without reference to the Second Amendment, Justice Thomas used this case to invite his brethren on the Court to re-examine the standing law on the Second Amendment. That invitation has not yet been accepted.
There have been many law review articles written in the past two decades debating the historical origins of the Second Amendment and utilizing that historical material to argue for or against an interpretation that the Second Amendment does not confer an individual right to bear arms.
Those articles arguing that the Second Amendment confers an individual right to bear arms: J. Malcolm, To Keep and Bear Arms: The Origins of an Anglo American Right 162 (1994) S. Halbrook, That Every Man Be Armed, The Evolution of a Constitutional Right (1984) Van Alstyne, The Second Amendment and the Personal Right to Arms, 43 Duke L. J. 1236
(1994) Amar, The Bill of Rights and the Fourteenth Amendment, 101 Yale L. J. 1193 (1992) Cottrol & Diamond, The Second Amendment: Toward an Afro Americanist Reconsideration, 80 Geo. L. J. 309 (1991) Levinson, The Embarrassing Second Amendment, 99 Yale L. J. 637 (1989) Kates, Handgun Prohibition and the Original Meaning of the Second Amendment, 82 Mich. L. Rev. 204 (1983) Those articles arguing that the Second Amendment only confers the right to bear arms in carrying out the functions of a government organized militia: Bogus, Race, Riots, and Guns, 66 S. Cal. L. Rev. 1365 (1993) Williams, Civic Republicanism and the Citizen Militia: The Terrifying Second Amendment, 101 Yale L. J. 551 (1991) Brown, Guns, Cowboys, Philadelphia Mayors, and Civic Republicanism: On Sanford Levinson's The Embarrassing Second Amendment, 99 Yale L. J. 661 (1989) Cress, An Armed Community: The Origins and Meaning of the Right to Bear Arms, 71 J. Am. Hist. 22 (1984)
Materials are listed by agency or organization. Where available, telephone numbers, websites, and other information sources are provided. All materials are available in the City of Takoma Park Library in the files for the Takoma Park Task Force on Gun Violence.
American Journal of Public Health, Flawed Gun Policy Research Could Endanger Public Safety, Webseter, Vernick, Ludwig, and Lester, 1997, vol. 87, no.6.
Associated Gun Clubs of Baltimore, Legislative Office (410-296-3947), National Safety Council, 1995 Accident Facts.
Center to Prevent Handgun Violence (202-289-7319), 1994 statistics from the National Center for Health Statistics.
Centers for Disease Control and Prevention (CDC), "Youth Violence" Fact Book, http://www.cdc.gov/ncipc/pub-res/FactBook/fbkvio.pdf.
Centers for Disease Control and Prevention (CDC), State Injury Mortality Data series, http://wonder.cdc.gov/.
City of Takoma Park, statistics from the Department of Police.
The Coalition to Stop Gun Violence (www.csgv.org), Guns in Schools.
Family Violence Prevention Fund, 'News Flash' (http://www.fvpf.org/newsflash/.) Guns and Domestic Violence: An Overview.
Hand Gun Control, The School Shootings . . . . And Beyond, http://www.handguncontrol.org/facts/ib/kidsnguns.asp
Johns Hopkins University, Center for Gun Policy and Research, Fact Sheet on Gun Injury and Policy, http://support.jhsph.edu/departments/gunpolicy/factsheets.cfm.
Johns Hopkins University, Center for Gun Policy and Research, School of Public Health (410-955-3995), Fact Sheet on Number of Distribution of Firearm Injuries and Deaths.
Journal of the American Medical Association, Does Owning a Firearm Increase or Decrease the Risk of Death? Peter Cummings, M.D., M.P.H., and Thomas D. Koepsell, M.D., M.P.H., JAMA, August 5, 1998.
Marylanders Against Handgun Abuse Education Fund (410-889-1477), statistics from the Maryland State Police, Public Affairs Unit, May 1996.
Maryland Attorney General's Special Report, A Farewell to Arms: The Solution to Gun Violence in America, J. Joseph Curran, Jr., Attorney General, October 20, 1999.
Milton S. Eisenhower Foundation, To Establish Justice, To Ensure Domestic Tranquility: A Thirty Year Update of the National Commission on the Causes and Prevention of Violence, 1999.
Montgomery Citizens for a Safer Maryland, survey data from the 1999 Survey by the National Association of Chiefs of Police (202-293-9088).
Montgomery County, Maryland, Department of Police, Gun Initiative Program pamphlet.
Statistical Handbook on Violence in America, edited by Adam Dobrin, Brian Wiersema, Colin Loftin, and David McDowall, Oryx Press,1996.
U.S. Department of Housing and Urban Development, In the Crossfire: The Impact of Gun Violence on Public Housing Communities, 2000.
U.S. Department of Justice, Bureau of Justice Statistics, Office of Justice Programs, Sourcebook of Criminal Justice Statistics 1998.
U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States 1995- Uniform Crime Reports.
U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States 1996- Uniform Crime Reports.
U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States 1997- Uniform Crime Reports.
U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States 1998- Uniform Crime Reports.
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics 1998.
Violence Policy Center, press release for When Men Kill Women: An Analysis of Homicide Data, September 30, 1988.
APPENDIX B:
INTERVENTIONS AND PREVENTIONS COMMITTEE REPORT
Table Of Contents
I. GENERAL OVERVIEW Page 48
II. INTRODUCTORY QUESTIONS Page 49
Identifying the Issues
Assessing the Recommended Interventions Page 50
III. INTERVENTION STRATEGIES CONSIDERED Page 51
IV. EFFECTIVENESS AND APPROPRIATENESS OF STRATEGIES
AND INTERVENTIONS CONSIDERED Page 54
V. THE SPECIFIC ISSUE OF LEGISLATION Page 56
- LITIGATION EFFORTS ACROSS THE COUNTRY Page 56
VII. CRITERIA FOR ANY INTERVENTION OR
ACTION PROPOSED BY THE TASK FORCE Page 57
VIII. SUMMARY CONSIDERATIONS Page 58
Takoma Park's Task Force on Gun Violence
APPENDIX B:
INTERVENTIONS AND PREVENTIONS
COMMITTEE REPORT
I. General Overview
Over the past 10 years, studies on gun violence have yielded remarkably consistent results. As the National Institute of Justice, the Federal Bureau of Investigation, the National Science Foundation, and the Centers for Disease Control have found in evaluating trends regarding firearm violence in this country, a common picture emerges from studies of multiple jurisdictions:
- According to the FBI, firearms are used in approximately 60% of all murders.
- The FBI also reports that firearms are used in 18% of aggravated assaults, a frequency
rate somewhat higher than the use of knives or blunt objects in similar cases.
- Young minority men are at greatest risk of being murdered with a gun.
- Greater gun availability increases the rate of murder and felony gun use.
- Those who use guns in violent crimes rarely purchase them from licensed gun dealers; most guns used in crime have been stolen or transferred between individuals after the original purchase.
- Victims of robberies and assaults are far more likely to die when the perpetrator is armed
with a gun as opposed to possessing a different weapon or going unarmed.
- Several strategies have apparently succeeded in reducing gun murders: reducing firearm
lethality (by banning certain types of ammunition); using mechanisms that limit use of
firearms by non-owners (locks, increased trigger loads); improving enforcement of
existing firearms laws; sentence enhancements for crimes involving guns; and educating
the public, especially children, about safe use and storage of firearms.
- Very little evaluation of any of the above strategies has taken place to identify when and how these strategies affect outcomes.
On a more local level, pertinent data show that:
- firearm-related injuries are the leading cause of injury/death in Maryland, exceeding motor vehicle injuries;
- those aged 15 to 24 have the highest risk of dying;
- homicides account for the highest percent of firearm-related deaths (61%) in 1996 (in contrast to the national figures that place suicide at the top of the list, with a gun-related death rate of 54%); and
- males constitute 88% of homicide victims in non-family related situations.
II. Introductory Questions
At the outset, several important questions arose for the Interventions and Preventions Committee:
1. What does Takoma Park already have in the way of gun violence specific interventions?
2. Which groups want and need interventions regarding gun violence?
3. Which menu of interventions should be recommended based on the wants and needs of the target groups?
From our research of the literature, serious studies and considerable discussions, a number of issues emerged in our efforts to answer these questions.
Identifying the Issues
There are generally considered to be two broad issues relative to the intervention field. One is the issue of gun ownership and possession, and the other issue is gun violence.
Gun ownership centers around the nature and scope of legal rights, the capacity of the government to regulate any legal rights, and the forms regulation and enforcement should or should not take. These specific ownership issues relate to individual concerns.
Gun violence means the use of firearms, whether legally or illegally possessed, to commit a crime or cause harm. This problem requires interventions and sanctions that address the gun user's civil liability and criminal culpability for his/her actions and the cost to the victim and the community.
Understanding the distinctions, as well as the overlaps, between these two issues is crucial to developing an intervention strategy appropriate for Takoma Park. For example, a military policeman may carry a gun in public and private because of the nature of his or her job. The issue of gun possession or ownership relates to the MP's legal capacity to carry and use the gun while on duty and whether he or she may carry it when off duty or whether he or she is required to lock it up.
The separate issue of gun violence relates to that MP's use of his or her gun to shoot his or her spouse during a domestic violence incident. Even if he or she were on duty at the time and had every legal right to possess and use that gun in the service of the military, he or she is using the gun to commit a criminal act.
It is important not to confuse these two distinct firearm-related issues because the relevant interventions are markedly different. The City of Takoma Park has some regulatory authority in the sphere of firearm ownership and possession, but that authority must be exercised consistently with superseding county, state, and federal laws. In contrast, interventions to address gun violence are historically carried out on the local level, making such interventions highly appropriate projects for the City of Takoma Park to engage in.
In addition, the Task Force notes that the first issue, gun ownership and possession, is easily consumed by controversy and volatile discussion. The second issue, gun violence, lends itself more readily to consensus building around interventions since even the strongest advocates of gun ownership have concerns about gun violence. Takoma Park should address both issues, but make it clear which interventions apply.
Assessing the Recommended Interventions
Many organizations and government agencies have accumulated expertise and well-developed interests concerning firearms. Some organizations, for example, the National Rifle Association, have a strong interest in addressing issues surrounding gun ownership and possession. Other organizations, such as the Center for Handgun Control, focus on gun violence issues. The Task Force Interventions Committee found that some government agencies, such as the FBI and our local prosecutor's office, approach firearms solely as a criminal justice matter while the Centers for Disease Control addresses firearms as a public health issue. Because of these sharply different viewpoints, the Task Force found it helpful to identify the nature of an organization or agency's interests in trying to determine whether to rely on its recommendations for interventions. Widely diverging opinions about which interventions work best are correlated mostly with which group was making the recommendation. Simply put, many groups recommended different types of interventions based on:
1. who or what they identified as the problem;
2. different types of studies, depending on those that best supported their anecdotal viewpoints;
3. whether the focus of the intervention was directed at youths or adults; and
4. whom they thought was best suited to carry out the recommended interventions.
Some groups clearly made recommendations that target gun violence. These recommended interventions include, for example:
- taking steps to reduce the number of guns available in the community;
- undertaking interventions intended to reduce firearm lethality;
- engaging in litigation, with municipalities most likely to be the plaintiffs and gun manufacturers most likely to be the defendants in these suits;
- developing youth education programs, often more generic anti-violence programs with gun violence addressed as a sub-topic (the vast majority of interventions were in this category);
- addressing gun violence as causally related to illegal drug use and trade; and
- focusing on poor, inner-city youth as the source of gun violence.(5)
Other groups made recommendations about interventions relating to gun ownership and possession, such as:
- legislative limits and requirements;
- licensing;
- other forms of government regulation; and
- outright or partial bans regarding firearms possession.
III. Intervention Strategies Considered
The intervention strategies most often used (and briefly evaluated) which we considered as potentially appropriate for the City of Takoma Park are the following:
1. Community policing interventions in illegal drug markets, targeting guns as a secondary phenomenon of reducing drug trade violence.
2. Gun buy-back programs, some of which are praised as huge successes, and others that are questioned as mere closet-cleaning maneuvers.
3. Legal restrictions to reduce firearm lethality or to keep guns out of youthful hands, such as mandatory childproof locks or "smart"guns; a corollary was legislation making parents legally responsible for their children's gun violence.
4. Youth outreach and education programs designed to teach youth about the dangers of gun violence and alternative means of ensuring personal safety and settling disputes. While many of these programs were noticeably creative, they were also disproportionately targeted toward poor, inner-city youth.
5. Behavioral interventions intended specifically for high-risk individuals and environments. Many serious studies praised these interventions as generally likely to produce significant results.
6. Interventions influencing the distribution and design of firearms including:
- aggressive enforcement of gun laws;
- high-visibility police patrols;
- stiff penalties for suppliers of firearms used in crime;
- strengthened licensure requirements;
- background checks for firearms purchasers;
- gang-related interventions;
- creating classes of individuals prohibited from acquiring or possessing firearms (such as convicted felons, persons having an outstanding protection order issued against them, and persons with certain mental disabilities);
- setting new design and performance standards for firearms; and
- completely or partially banning the ownership and/or possession of certain firearms in particular jurisdictions.(6)
7. Interventions intended for young people relative to firearm ownership, use, misuse, violent use(7), especially direct educational activities using speakers and training programs that focus on law enforcement, emergency rooms, and prison, or other locally-situated learning activities.
8. Placing emphasis and action on education within the schools, expanding drug-free zones at schools to include gun, and violence, free zones, continued exploration of alternative schools, and linking students to needed social services to address issues related to or potentially leading to gun violence.
9. Sponsoring a large, widespread multi-language, multimedia advertising campaign to educate the public about current laws on guns and gun ownership, dangers associated with guns, gun safety, how to report gun violence, and similar issues.
10. Developing a monitoring system or data-collection system to track gun violence, using information from law enforcement, hospitals, and social service programs to determine what changes occur in the present patterns of violence and what new problems might arise.
11. Developing one large inclusive prevention program for all ages, socioeconomic groups, and languages; the larger project may also include sub-programs to pinpoint specific groups identified as in particular need of such preventive measures (such as youth), working out a many-faceted program for them. (8)
12. Developing a program tailored to local businesses, working in coordination with law enforcement and local citizens' groups, to prevent gun violence in commercial establishments and areas.(9)
13. Educating citizens about how to undertake collaborative approaches with local law enforcement to respond to gun violence incidents immediately, safely, and appropriately.
14. Analyzing youth firearm education programs that have been recognized as national models to determine which ones would be useful in Takoma Park, given the reality of where gun violence affects our community, the challenges created by our demographics, the nature of our experience with gun violence, and community fears (whether well-founded or unfounded).
IV. Effectiveness and Appropriateness of Strategies and Interventions Considered
Available reports and recommendations contained a thorough analysis on the form of interventions recommended, but lacked sufficient analysis of evaluations of success or failure. For every intervention trend, there were studies, editorials, and anecdotal reports both favorable and unfavorable. It is not easy to determine which represent "best" practices.
The Interventions Committee talked about this conundrum at length and decided that, in order for the City of Takoma Park to select any particular intervention strategy over another, the City should ask a continuing Task Force to investigate the answers to the following:
-Who is most affected by gun violence in Takoma Park? Youth? Business? Residents? Police?
- What is the prevailing thought about gun ownership in Takoma Park and what are the most acceptable and most accurate ways to answer this question?(10)
- Knowing that there is a strong consensus in the community that children should be better educated about guns and gun violence (a feeling reflected by the majority of the intervention efforts adopted in other jurisdictions), how can the City determine which children need to be educated? What do they need to be educated about? Should there be one generic program, perhaps administered school-wide? Or should different education programs be adopted so that the material is more carefully adapted to a target age range or demographic group? Who in the City should review existing education programs for children on guns, and what process would the City adopt to select or reject any of these existing programs? If different programs are needed to respond to the needs of different groups, how would the City prioritize or rank the demographic groups to be served?
- How can we get the community to feel that everyone has a concrete, responsible, and comfortable role to play in addressing guns and gun violence? Do we want to have brochures for parents, about how to talk to children about these issues? Do we need to figure out better safety planning strategies and law enforcement response to gun violence directed at small businesses and residents? What are the baseline messages everyone can feel pretty comfortable in endorsing? How can we get local media to help us in this education task?
There are lessons to be learned from previous criminal justice system reform efforts as well as strategies that can be adapted to interventions to reduce gun violence. Community policing, for example, has rekindled the connection between law enforcement efforts and neighborhood commitments to reducing crime. The federal "Hot Spots" program has taught us how to identify and target areas of particular concern in the community, and thus focus resources more effectively to end crime. Advocates for domestic violence victims have led the way in developing cross-disciplinary training programs to ensure that law enforcement works more effectively with social services, neighborhoods, and public health programs to intervene to end violence in the home. In the past 20 years, this country has seen the criminal justice system adopt effective new strategies to combat general crime and violence. Many of these strategies can be usefully borrowed to help limit the effects of gun violence on the Takoma Park community:
1. Ensure that professionals in the criminal justice system are well-trained about existing firearms laws on the federal, state, and local levels.(11)
2. Ensure that law enforcement and courts have the authority and resources to enforce all of the laws designed to reduce gun violence, including the deployment of dedicated City or Police Department staff time to obtaining funding to make such enforcement a reality.(12)
- Develop a program for educating the general public about the realities of firearm violence and the responsibilities and limitations imposed on firearm possession and use under state and federal law, reaching out to diverse parts of the Takoma Park community.
4. Analyze existing state and federal laws to determine the extent of Takoma Park's authority; if there are ways that the City can usefully, rather than politically, regulate gun ownership, develop appropriate language for adoption by the City Council.
V. The Specific Issue of Legislation.
Although, as noted above, frequent and often heated commentary accompanies any public discussion of legislation relative to guns, some general observations can be made. While some want a ban on handguns, it does not seem feasible for the City to adopt an outright ban on firearms given the City's limited authority to regulate such activity under federal and state law. The City's Corporation Counsel has written a memorandum outlining the City's capacity to regulate firearm activity. The City is encouraged to open a public dialogue on local legislative options as a means of determining the consensus of the citizenry on regulatory activity.
The City has other means of fostering the type of legislative change that would reduce gun violence in Takoma Park. The City should look at creative ways to promote legislation at the state and federal levels to regulate gun ownership and possession stringently and to create a federal agency with regulatory tools like those used by other federal health and safety agencies to protect people from dangerous and defective weapons. The Task Force Interventions Committee's research made has shown that while tobacco, drugs, automobiles, airlines, and many other consumer products are subject to federal and state rules and regulations, firearms are generally exempt from parallel regulations. The State of Massachusetts is a recent exception to this general rule. The Interventions Committee recommends that the City usefully employ its lobbying power with the Maryland State Legislature to encourage similar changes in our state.
VI. Litigation Efforts across the Country
The Interventions Committee reviewed the burgeoning number of lawsuits against handgun manufacturers as of June 2000 and found the following:
There are, at the time of our inquiry, more than 30 ongoing lawsuits brought by private and public (municipal, state, and federal) litigants against gun manufacturers. The legal argument underlying most of these lawsuits is that gun manufacturers are producing a dangerous product that they know is highly likely to fall into the hands of criminals or untrained users. As a result, many individuals face the prospect of injuries and dangers from the negligent or intentional release of guns into their communities. Some municipalities are adding to that argument the additional theory that they are required to spend huge amounts of Medicaid money to treat victims of firearm violence. While some of these lawsuits have been thrown out by local judges on the grounds that the plaintiff communities have suffered no direct injuries from guns, the majority of them remain viable. Some of these same cities are being counter-sued. A gun rights group has filed a federal lawsuit against the mayors of 23 cities, accusing them of conspiring to erode the right of Americans to own firearms and defend themselves. The federal lawsuit against handgun manufacturers is being filed on behalf of HUD, whose housing projects are heavily affected by handgun violence. (See the Bibliography at the end of the Report for selected media reports on litigation efforts across the country.)
The advisability of the City undertaking such a lawsuit is questionable. The municipalities currently suing gun manufacturers are generally much larger than Takoma Park and have a more significant handgun problem (e.g., Atlanta, GA; Boston, MA; Bridgeport, CT; Chicago, IL; Cincinnati, OH; New Orleans, LA; San Francisco, CA, and Washington, D.C.) as well as far greater legal resources to fund such experimental litigation.
In weighing whether to recommend that the City embark on similar litigation efforts, we considered following:
- Are there any lawsuits in Maryland that we could join (and why)?
-Are these lawsuits effective, and is our involvement worth the City's time and tax dollars?
- Does the City have any collected data that would be useful to someone else's litigation?
- Does our subsidized housing make us eligible to be part of the federal suit against gun manufacturers?
The provisional conclusion, pending someone's gathering and analyzing additional information, is that litigation is not likely to be a tool appropriate to Takoma Park because:
1. Our level of gun violence is not high enough to present a good case; and
2. The expense could be prohibitive for our means.
VII. Criteria for Any Intervention or Action Proposed by the Task Force
In working through the research and discussion, the Interventions Committee thought it useful to formulate criteria for the Task Force to guide its development of the recommendations offered in its final report. Thus, in general, any recommendation for an intervention or action in Takoma Park relative to community safety and prevention of gun violence should:
- Elicit broad support among Takoma citizens, associations, agencies, and municipal authorities;
- Promote awareness of a positive community environment, safety issues, and solutions and educate in safety practices;
- Use existing associations, institutions, agencies, and volunteer groups to implement the intervention so as to avoid duplication of efforts and costs;
- Not arouse undue animosities and opposition and risk lawsuits;
- Remain programmatically and technically sustainable over the medium and long term with locally available resources; and
- Stay at an affordable cost and be capable of drawing in community resources without need to replenish resources from difficult-to-access outside donors.
VIII. Summary Considerations
What is striking about the information available on firearm violence interventions is how much of it focuses on firearm violence and abuses in poor, inner-city neighborhoods. The urban focus in the development of interventions is somewhat supported by government data that illustrate the enormous impact of firearm violence on inner-city communities. For example, FBI statistics show that nonwhite male youth are most likely to be murdered and that nearly 60% of these homicide victims will die from firearms injuries. Statistically, that is where the greatest impact of firearm violence is felt, and that is where most government-funded intervention and prevention programs have been targeted.
Many of the residents of Takoma Park, however, who have recently called for a review of the City's policy and procedures regarding firearm use and possession have a much different picture in mind as regards gun violence. They see the images brought home to Americans in the past few years: the horrors experienced in the supposedly safe, suburban communities of America and the gun violence perpetrated by white, middle class males in schools and office buildings. (See Bibliography B for selected news reports regarding murders committed by white suburban males in the past year.) While the media has only recently brought to our attention the impact of gun violence in predominantly white suburban areas, for the past five years, the FBI has collected information in its National Incident-Based Reporting System that shows that firearm murders are not confined to the inner cities. According to FBI data for 1995, when firearm homicides occurred in family contexts, the victims are more likely to be very young children, women, and whites as opposed to nonwhite, male youth.
Statistics thus bear out the notion that we all have a strong interest in reducing gun violence, whether we consider ourselves inner-city residents or suburban dwellers, whether we are male or female, whether we are adults or children, and no matter our race or economic status. We are all in this together, and any interventions we adopt in Takoma Park should reflect that broad spectrum of interests and demographics.
Some of our homework--developing intervention programs for inner-city youth--has been done for us by other communities in the United States. Finding interventions targeted at white, suburban gun violence, however, will be more difficult. The prevention and intervention programs designed in the past 10 years to reduce gun violence do not seem to address this particular manifestation of firearm misuse. Residents of Takoma Park know that gun violence in this City is more likely to follow the statistical trends of the past 20 years: guns used in burglaries, robberies, domestic violence, and drug dealing. But even though we are aware of the statistical realities, we worry about the potential for Takoma Park to join the list of venues where a "suburban" perpetrator with no prior criminal history will take up a gun and kill. We are struggling to find a solution that addresses the realities of gun usage in our community and the fears we have that gun usage will spread to more innocent locations, such as schools.
The Interventions Committee, therefore, has attempted to review the wealth of information available on existing prevention, intervention, and education programs regarding the use of firearms. In selecting programs, models, and interventions for the larger Task Force to review and then offer as recommendations to the City Council, we have kept in mind Takoma Park's demographic and statistical trends in developing the following guidelines:
- The City of Takoma Park is a diverse community and, as such, needs a diverse range of intervention, prevention, and education programs. Some programs may target persons already identified as high risk for gun violence, because of prior criminal histories. Other programs may target populations that have little or no experience with or knowledge about firearms. In identifying programs, we must be aware of the diversity of opinion existing in Takoma Park regarding the use and possession of firearms and look for programs that will be perceived as inclusive as possible for as many of the residents of Takoma Park as possible.
- All of the major national government studies about firearms, crime, and violence (those done by the U.S. Department of Justice and the Centers for Disease Control) indicate that the population most likely to commit violent crime is in its teens and early twenties and that violent crimes committed by youth are most likely to occur between the hours of 3 p.m. and 6 p.m., when many young people are out of school, but unsupervised. The programs we recommend to the City should reflect that reality and address that target population.
- It is less expensive to teach our children about how to avoid violence than to find, arrest, and punish adults who commit it. Our recommendations regarding educational programs emphasize youth education. In this respect, the City should find programs that build on work in the community that involves the Takoma Park Recreation Department, (13) the county school system, and youth organizations.
- The City of Takoma Park has begun to examine its responsibility under state and federal law to control access to firearms and find ways in which resources can be found to make enforcement of firearm laws and entry of information into firearm registries/databases a City priority. It is in the City's best interests to continue this analysis and effort. The success of this work depends on the City ensuring that all of its law enforcement officers are fully trained regarding existing county, state, and federal laws addressing firearms. In addition, the City should use its authority to pass ordinances and enter into memorandums of understanding with other government entities to develop a coordinated enforcement effort with state and federal law enforcement to ensure that these laws are fully implemented.
- Without making any decisions at this point about the usefulness regarding the City's capacity to pass an ordinance addressing firearm use and possession, the City is referred to the memorandum prepared by Corporation Counsel outlining the City's authority to pass such an ordinance, and other legal authorities. Such information should be used to develop a survey or series of questions to be raised at public hearings to obtain an accurate picture of public opinion on this issue.
1. See Appendix A: Data Committee Report, pages 30 and 31, for Article 27 §36H Annotated Code of Maryland State: Maryland Preemption of Weapons and Ammunition Regulations, and Chapter 57. 57-7A: Montgomery County Firearms In Or Near Places Of Public Assembly.
2. The Bibliography at the end of the Data Committee Report lists all agencies, organizations and reports from which statistics are cited.
3. For a full review of case law addressing the meaning of the Second Amendment, please see endnote number 1 at the end of this report.
4. The Interventions Committee of the Task Force could find no examples of government funded programs that directly addressed gun violence as a possible middle class or white phenomenon.
5. Studies indicate that restrictions on gun ownership and possession have decreased gun violence and fatalities in jurisdictions (including the District of Columbia, Maryland, and Seattle).
6. Reports show that, among perpetrators of school-based firearm violence and teenage suicides, the primary source of the weapons is the residence of the user of the firearm.
7. The Interventions Committee read about many different types of community-based programs used in other jurisdictions. Many of these efforts require individuals from many disciplines to work together on the issue of gun violence, including police, schools, nonprofit groups, faith communities, interested residents, city agencies, health care professionals, social service providers, and others. It will be a challenge for the City of Takoma Park to select the right combination of people and emphases, as we need to meet the needs of small interest groups in addition to city- and even countywide groups. Comprehensive initiatives should address a variety of key gun violence issues and concerns of the local community relative to the disaffection of potential perpetrators, disturbances likely to lead to gun violence, and other potential sources of gun violence. Such efforts should be undertaken jointly with Montgomery County, Prince George's County, and the District of Columbia since the Takoma Park Police Department identified cross-jurisdictional crime as one of the primary causes of gun violence in Takoma Park. In addition, the City should consider participating in regional and/or national programs focusing on reducing gun violence.
8. The Two burglaries occurred in Old Town stores during the months when the Interventions Committee proceeded (one burglary was with a gun), giving the Committee the impetus to propose some type of program to work with businesses to prevent further gun violence.
9. The Committee noted an earlier city-based referendum carried out informally by ballot box style at the last local election. (The City was legally prohibited from placing a gun prohibition referendum on the ballot.) Realizing that the City therefore has neither a scientifically accurate nor a legally binding answer to this question, it would seem necessary for the City to find an acceptable way to gather accurate citizen input on this question.
10. Training and more funding are needed to help the police enforce existing state and federal laws. For example, in 1994, Congress passed a law prohibiting persons subject to domestic violence restraining orders from possessing firearms. Local law enforcement is startlingly uninformed about this federal mandate. It is crucial that local law enforcement and courts are fully aware of the existence of this law and the many other federal laws applicable to local gun violence intervention efforts. Yet even awareness of these federal laws is not enough. The City of Takoma Park and it Police Department must develop strategies to implement these laws and refer instances of violations of federal law to the appropriate federal authorities.
11. For example, funding is needed locally to pay for law enforcement and court personnel to enter data in the state and national firearm registry and criminal database systems. These databases are only as good as the data entered into them. Unfortunately, they are often incomplete or inaccurate because local law enforcement and courts do not have the staff resources to make the entry of critical information into these national databases a consistent priority.
12. Although The Takoma Park Newsletter and The Takoma Voice are vital communication links with the City of Takoma Park, it is not enough to rely on these traditional information outlets. Over the years, the City should look into ways to enlist members of the Takoma Park community to think creatively about offering public outreach and education on this issue. For example, outreach can be done through faith-based communities, civic associations, or local educators in Takoma Park. Outreach efforts should be sensitive and relevant to traditionally undeserved populations in Takoma Park, such as non-English speaking residents and seniors. The City should also consider asking residents who write professionally to help place op-ed pieces in media outlets that will help spread the message about preventing gun violence. The City should consider developing public relations materials, such as slogans or logos for use on bumper stickers, letterhead, public signage, or other materials used in communicating with the public. priority.
13. The Task Force heard presentations of the Young Entrepreneurs and the Mission programs, part of the Takoma Park Recreation Department's programing for children and youth. In its efforts to address potential and actual gun violence in Takoma Park, the City should enhance and expand these type of after-school, weekend, and summer programs.
From a copy given to the Takoma Park Library, November 2000