Gun Control Research Articles

미국 연방헌법 수정조항 제2조의 무기소지권과 총기규제에 대한 연방대법원의 논의 : 2022년 New York State Rifle and Pistol Association v. Bruen 판결에 대한 검토를 중심으로

2022년 6월 23일 미국 연방대법원은 뉴욕주 총기협회 대 브루엔 판결을 통해, 공공장소에서 무기를 은닉하여 휴대하는 행위에 허가(면허)를 요구하는 뉴욕주의 법은 위헌이라고 결정했다. 2008년 컬럼비아 특별구 대 헬러 판결을 통해 총기를 집 안에 보유하는 것이 헌법적 권리의 내용이라고 선언했던 연방대법원은 이제는 총기를 집 밖으로 가지고 나가는 행위 역시 헌법적 권리로 보장됨을 천명하였다. 브루엔 판결의 다수의견에서는 연방헌법 수정조항 제2조가 가정에서의 총기소유 권리와 공공장소에서의 총기휴대 권리를 구분해서 그 보호 대상 여부를 정하지는 않는다고 강조하며 이들 모두가 동등하게 헌법의 보호대상이 된다고 강조하였다. 이렇게 헌법적으로 보장된 공공장소에서의 총기휴대에 대해 어떠한 규제가 헌법적으로 수용될 수 있는지를 판단함에 있어서, 다수 의견은 먼저 헬러 판결에서 브레이어 대법관이 활용한 2단계 심사방식, 특히 목적과 수단의 비례성을 고려하는 이익형량 심사방식의 사용을 공식적으로 거부하였다. 그러면서 문언-역사-전통 심사방식을 제시하였는데, 만약 정부가 총기규제를 마련하려 한다면 이러한 규제가 수정 제2조의 원의에 따라 무기소지권의 범주를 한정하는 역사적 전통의 일부임을 적극적으로 증명해야만 한다는 것이었다. 그러한 심사방식에 근거하여 다수의견은 사건법률의 ‘적절한 이유’ 조항처럼 법을 준수하는 시민들이 공공장소에서 총기를 소지하기 위해 자기 방어에 대한 특별한 필요성을 보여야 하는 식의 규제는 역사적으로 찾아보기 어렵다고 하였다. 나아가 다수의견은 적절한 이유 조항에 근거한 공무원의 재량에 따라 일반 시민의 총기휴대를 금지하는 방식은 문제가 있다고 판단하였다.BR 하지만 헬러 이후 대부분의 연방하급법원에서 집 안에서의 총기보유만을 헌법상 무기소지권의 내용으로 보았고 총기규제법에 대한 위헌심사를 비례성 심사, 이익형량에 따라 수행하였던 점과 이러한 경향에 대해 연방대법원이 14년 동안 한 번도 제동을 걸지 않았다는 점을 고려하면 브루엔 판결은 심사방식의 갑작스러운 변경으로 관련 선례들과 법제, 그리고 그에 대한 일반 국민의 신뢰를 한꺼번에 무너뜨릴 수 있는 문제를 가지고 있다고 할 수 있다. 또한 역사적 전통과 배경에 따라 총기규제의 합헌성을 따지는 경우 총기사용 현실과 그 변화를 적절히 고려하지 못하는 문제가 발생할 수 있다. 기본적으로 관련 역사적 자료를 완벽하게 검토하는 것은 불가능할 뿐만 아니라 역사적 자료의 선택 및 해석에서의 주관성과 자의성을 어떻게 극복할 수 있는지에 대해서도 의문이 제기될 수 있을 것이다. 또한 연방대법원은 주관적이고 재량적인 면허발급 방식에 대해 문제를 제기하였지만, 어떠한 조건들을 통한 면허발급방식이 객관적이고 합헌적인 것으로 인정될 수 있는지에 대해서 개별적인 판단을 공식적으로 수행하지 않았다는 점에서 총기규제를 둘러싼 논란은 판결 이후 오히려 증폭될 것으로 보인다.

West German Single Action Army-inspired Revolvers in the United States

After the Second World War, the proliferation of western movies and television shows in the United States drove substantial demand for revolvers styled after the Colt Single Action Army. While domestic companies such as Ruger, Great Western, and Colt themselves provided products to fulfil this demand, there were market opportunities for imported revolvers as well. Today, Italy dominates the U.S. consumer market for imported historical replica firearms, but at one time West Germany—with its still-recovering post-war economy—was a substantial source of inexpensive single-action revolvers. Despite their prevalence, very little has been published on these revolvers. To date, five West German firearms companies have been identified as producing these revolvers for the U.S. consumer market. Prior to the Gun Control Act of 1968, there were limited product marking requirements, which, combined with these revolvers being imported under a wide range of brands, can make identification challenging. This article provides an overview of the broader post-Second World War U.S. market for Colt Single Action replicas, provides a summary of each of the five key West German manufacturers, and presents a straightforward identification schema allowing the reader to differentiate between common makes and models.

Trends in Pro-Gun Control Tweets Surrounding a Mass Shooting Event Suggest Time-Dependent Changes in Public Response

Over the period from May 25, 2015 to May 25, 2018, there were 1,296 mass shootings recorded around the United States. This article evaluates overall public support for gun regulation before and after a major mass shooting. Big data that accounted for outliers and other potential skewing points were included from Twitter. 250 Tweets that occurred immediately before, immediately after, or two weeks after a major mass shooting were analyzed. The Tweets were restricted to include at least one of the following hashtags (#): secondamendment, neveragain, shooting, NRA, guncontrol, gunviolence, and 2A. The Tweets were categorized as pro-gun control, anti-gun control, or neutral, defined by operational definitions. It was hypothesized that there would be more Tweets that opposed gun control 1-7 days before each mass shooting but fewer Tweets that opposed gun control 72 hours after each mass shooting. Three days (72 hours) after a major mass shooting, there was a significant decrease in the number of anti-gun control Tweets posted compared to 1-7 days prior to the shooting. There was also a significant increase in the number of anti-gun control Tweets 14-21 days after the mass shooting compared to 72 hours after the shooting, implying that the content of Tweets after two weeks was similar to the content before the shooting occurred.

State Gun Regulations and Reduced Gun Ownership are Associated with Fewer Firearm-Related Suicides Among Both Juveniles and Adults in the USA

BackgroundFew studies have investigated the relationship between specific gun regulations and gun ownership with the firearm-related suicide rate among juveniles and adults across U.S. states. Therefore, this study seeks to determine if gun ownership rates and gun restrictions are related to the firearm-related suicide rate in both the pediatric and adult populations. MethodsFourteen measures of state gun law restrictions and gun ownership were collected. These included Giffords Center ranking, gun ownership percentages, and 12 specific firearm laws. Unadjusted linear regressions modeled the relationship between each individual variable and the rate of firearm-related suicides for adults and children across states. This was repeated using a multivariable linear regression adjusting for poverty, poor mental health, race, gun ownership, and divorce rates by state. P values of <0.004 were considered significant. ResultsIn the unadjusted linear regression, 9 of 14 firearm-related measures were statistically associated with fewer firearm-related suicides in adults. Similarly, 9 of 14 measures were found to be associated with fewer firearm-related suicides in the pediatric population. In the multivariable regression, 6 of 14 vs. 5 of 14 measures were statistically associated with fewer firearm-related suicides in the adult and pediatric populations, respectively. ConclusionsUltimately, this study found that increased state gun restrictions and lower gun ownership rates were associated with fewer firearm related suicides among juveniles and adults in the US. This paper provides objective data to help lawmakers as they create gun control legislation that can potentially decrease the rate of fire-arm related suicide. Levels of EvidenceII

Political Affilliation and Its Influence on Gun Control in the United States

Political Affilliation and Its Influence on Gun Control in the United States

Social Justice Suite

Social Justice Suite (SJS) is a collection of five HeinOnline databases in the areas of historical slavery, civil and human rights, and gun regulation and legislation. The databases were added between 2016 and 2022. The majority of the databases include Supreme Court briefs. Other databases include hearings, legislative histories, and Congressional Research Service (CRS) and Government Accountability Office (GAO) reports. Databases can be searched individually or at once. Scholarly articles are available only to HeinOnline Core subscribers. The databases are complimentary for Core subscribers and free to interested organizations (requires registration). SJS benefits from a clean and uncluttered interface, and the top navigational menu and search components are the same across databases.

Gun Regulation and the U.S. Constitution

Gun Regulation and the U.S. Constitution

A Barrier Neuroadaptive Dynamic Surface Control Approach for Tank Gun Control Systems With Input Saturation

In harsh battlefield environments, tanks have to encounter some nonlinear characteristics including frictional moment, gear backlash and parameter drifts, etc. The existence of such nonlinear characteristics makes the controller design of tank gun control systems (TGCSs) challenging. In this paper, a barrier neuroadaptive control approach is proposed to handle the uncertainties and nonlinearities, so as to achieve satisfactory tracking performance for TGCSs. With a time-varying barrier Lyapunov function employed in controller design, the output error of TGCS is restricted within the preset bound during the control process. A radial basis function (RBF) neural network is built to approximate the uncertainties in tank gun control systems. An anti-windup control strategy is developed to deal with the input saturation nonlinearity, with a Nussbaum function used to compensate for the nonlinear term arising from input saturation. By reasonably applying filtering error into output-constrained adaptive backstepping control design, the three steps in the traditional backstepping control design are reduced to two steps. The asymptotic stability of the closed-loop TGCSs is proven by Lyapunov theory. Finally, a simulation example is presented to verify the effectiveness of the proposed control scheme.

Unveiling the Complexities of Gun Control, Hate Crimes, and Rehabilitation

Unveiling the Complexities of Gun Control, Hate Crimes, and Rehabilitation

Subtracting 420 from 922: Marijuana Legalization and the Gun Control Act After Bruen

Subtracting 420 from 922: Marijuana Legalization and the Gun Control Act After Bruen

Missouri Citizen Perceptions: Giving Second Amendment Preservation Legislation a Second Look.

In June 2021, Missouri passed the "Second Amendment Preservation Act" (SAPA). Though SAPA passed easily and had gubernatorial support, many Missouri law enforcement agencies, including the Missouri Sheriff's Association, oppose it. Missing from this policy conversation, and deserving of analysis, is the voice of Missouri citizens. Using qualitative interview data and survey data, we explored what if anything Missouri gun owners knew about SAPA and what they perceived its effects would be on gun-related murders, suicides, gun thefts, and mass shootings. Most Missouri gun owners had not heard about SAPA and were ambivalent about its potential effect on gun safety outcomes. Our findings also indicate that respondents' attitudes toward SAPA and the impact of such policy on safety is driven by gun ownership (i.e., primary versus living in a household with firearms), partisan identification, and attitudes toward government firearm regulation.

The Era of Progress on Gun Mortality: State Gun Regulations and Gun Deaths From 1991–2016

The Era of Progress on Gun Mortality: State Gun Regulations and Gun Deaths From 1991–2016

‘Firearming’ Fairytales: NRA and Gun Culture in American Fan-Fiction

Gun issue becomes one of the most polemic issues in the United States alongside racism. Regardless, the last major gun control legislation to make it into law was the assault weapons ban in 1994 as part of a larger crime-related bill approved during Bill Clinton presidential period. After the assault weapons ban expired, American society is threatened by the increasing numbers of gun violence issue such as mass shooting and gun homicide. In this case, NRA involvement is vital towards gun culture in the United States. As non-profit organization, NRA has influential lobbying for any policies towards gun policies. Thus, this paper discusses the dissemination of gun culture on NRA family website www.nrafamily.org. In 2016, Amelia Hamilton rewrote two Grimm’s fairytales “Little Red Riding Hood (Has a Gun)” and “Hansel and Gretel (Have Guns). Since gun becomes commodity, these NRA versions of fairytales can be analyzed as part of consumer manipulation by using consumer capitalist theory. Thus, this analysis shows that those fan-fictionalized fairytales consist of two main aspects: gun as protector and gun culture as common culture in the United States. It embraces the rationalization of gun ownership’ in the United States despite its lethal consequences.

Catalyzing social change: Does concentration encourage action?

Countless social problems demand solutions, from climate change and gun control to poverty and systemic racism. But while some of these problems inspire action (e.g., "Black Lives Matter" and "Me Too" movements), most fail to gain traction or inspire new policy. Why do some problems garner more attention and response? We suggest that the relative timing of related events may play an important role. Specifically, action may be more likely when related events are concentrated in time. A multi-method investigation tests this possibility. Study 1 borrows a modeling strategy from the economics and marketing literatures to examine a particularly important domain: gun control. Analysis of over 40 years of gun control legislation finds that, even after controlling for the frequency of mass shootings, bills are more likely to be proposed (and passed) when shootings are concentrated in time. Study 2 further tests concentration's causal impact and demonstrates that concentration increases support against sexual assault. These findings illustrate how a modeling approach commonly used to study advertising goodwill can be applied to a broader set of situations, suggest why some social problems are more likely to catalyze action, and shed light on drivers of social movements and collective action.

Firearms and the State in Sixteenth-Century Italy: Gun Proliferation and Gun Control

Abstract Small firearms proliferated on the Italian peninsula in the context of the Italian Wars of 1494–1559. States were faced with significant challenges in managing this new technology. On the one hand, guns swiftly became important to civic defence. On the other, they raised serious concerns about social order. Archive material from Bologna, Brescia, Florence, Modena and Rome illustrates the routes through which firearms proliferated and sometimes were actively promoted as a means of defence, for example via the development of civic militias and shooting contests. Yet state promotion of shooting skills led to a dangerous expansion of access to weapons, and regimes began to restrict the use of firearms, especially wheel-locks, which could be concealed on the person and thus posed a particular risk to public order. Rank and social status were important in negotiating exemptions to the gun laws, but increasingly those outside the nobility began to assert a need for firearms for self-defence. Guns offer a prism through which it is possible to discern significant tensions in the priorities of early modern regimes and to shed light on the processes through which, in the later years of the sixteenth century, Italy came to suffer high rates of violence.

Does lower use of academic affiliation by university faculty in top U.S. newspapers contribute to misinformation about abortion?

ABSTRACT Background University faculty are considered trusted sources of information to disseminate accurate information to the public that abortion is a common, safe and necessary medical health care service. However, misinformation persists about abortion’s alleged dangers, commonality, and medical necessity. Methods Systematic review of popular media articles related to abortion, gun control (an equally controversial topic), and cigarette use (a more neutral topic) published in top U.S. newspapers between January 2015 and July 2020 using bivariate analysis and logistic regression to compare disclosure of university affiliation among experts in each topic area. Results We included 41 abortion, 102 gun control, and 130 smoking articles, which consisted of 304 distinct media mentions of university-affiliated faculty. Articles with smoking and gun control faculty experts had statistically more affiliations mentioned (90%, n = 195 and 88%, n = 159, respectively) than abortion faculty experts (77%, n = 54) (p = 0.02). The probability of faculty disclosing university affiliation was similar between smoking and gun control (p = 0.73), but between smoking and abortion was significantly less (Ave Marginal Effects – 0.13, p = 0.02). Conclusions Fewer faculty members disclose their university affiliation in top U.S. newspapers when discussing abortion. Lack of academic disclosure may paradoxically make these faculty appear less ‘legitimate.’ This leads to misinformation, branding abortion as a ‘choice,’ suggesting it is an unessential medical service. With the recent U.S. Supreme Court landmark decision, Dobbs v. Jackson Women’s Health Organization, and subsequent banning of abortion in many U.S. states, faculty will probably be even less likely to disclose their university affiliation in the media than in the past.

National support for gun policies among U.S. adults in 2019 and 2021

Gun-related deaths and gun purchases were at record highs in 2020. In light of the COVID-19 pandemic, public protests against police violence, and a tense political environment, which may influence policy preferences, we aimed to understand the current state of support for gun policies in the U.S. We fielded a national public opinion survey in January 2019 and January 2021 using an online panel to measure support for 34 gun policies among U.S. adults. We compared support over time, by gun ownership status, and by political party affiliation. Most respondents supported 33 of the 34 gun regulations studied. Support for seven restrictive policies declined from 2019 to 2021, driven by reduced support among non-gun owners. Support declined for three permissive policies: allowing legal gun carriers to bring guns onto college campuses or K-12 schools and stand your ground laws. Public support for gun-related policies decreased from 2019 to 2021, driven by decreased support among Republicans and non-gun owners.

It's All Relative! A Method to Counter Human Bias in Crowdsourced Stance Detection of News Articles

Using human intelligence to identify news articles' political stances is common in research and practical applications. But human judgement can be biased and prone to errors stemming from the comprehension of tasks and political alignment. This paper proposes a relative rating method based on news articles' stances relative to raters' own stances to avoid comprehension inconsistency and to control for human bias in crowdsourced stance detection of news articles. We also show how to use the relative ratings to construct a measure for raters' stances on a political topic and to identify raters whose ratings are of higher quality than others. We implement our proposed methods in an online experiment that recruits Amazon Mechanical Turk users as raters for news articles on Gun Control. Using the data from the experiment, we find evidence that raters' own stances on Gun Control significantly impact ratings of related news articles, both at the individual levels and at the aggregate levels. We also present evidence that our relative-rating-based stance measure captures more information about raters' actual stances than their self-reported stance does.

Minority Rule: A Lethal Threat to the People's Health, Democracy, and our Planet.

When it comes to climate change, gun control, and abortion rights, the U.S. Supreme Court is on a minority rule roll, with grave consequences for the health of people and life on Earth. Its June 2022 decisions to limit the ability of the U.S. Environmental Protection Agency to regulate climate-heating emissions, to overturn gun control legislation, and to overturn Roe v. Wade not only will harm health and increase health inequities, but also flout public opinion. The U.S. Supreme Court, however, is not alone in being out of step with majority views: so too are state and federal elected officials. For effective action, it is imperative for health professionals not only to marshal evidence of harms posed by actions such as the Supreme Court decisions, but also to contribute to efforts to understand and address how changing the "rules of the game"-for example, through gerrymandering and voter suppression-is enabling branches of the U.S. government to undermine not only use of scientific evidence but also majority rule.

The smoking gun: How gun policies influence types of firearms involved in violent crimes in the Czech Republic and the United Kingdom

The article contributes to the discussion about gun control by examining whether restrictions on certain types of firearms influence the number of crimes committed with these types of guns. The aim is to determine whether there is any causal nexus between the stringency of gun policy and the number of violent crimes committed with firearms. A comparative analysis is conducted in the Czech Republic and the United Kingdom. Our research shows that the strictness of gun policy and legal availability have a very small influence on crime; hence, further restrictions will not help to reduce the number of violent crimes committed with firearms. More useful approaches seem to deal with the black market, arms trafficking and related societal problems.