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Posts in Rule of Law
The Effect of Permissive Gun Laws on Crime

By John J. Donohue

Substantial evidence has documented a powerful “instrumentality” effect: the more lethal the weaponry employed, the greater the likelihood that death will result from any given assault. This finding provides the foundation for the subsequent findings that a variety of measures that restrict the prevalence or limit the permissible types of lethal weaponry can lower the costs of gun violence. The literature has advanced to the point that there is a sufficient empirical basis to call for the elimination of right-to-carry laws, to reestablish bans on assault weapons and high-capacity magazines, to maintain restrictions on youthful access to guns, and to repeal stand-your-ground laws. The Supreme Court’s recent decision expanding the scope of the Second Amendment in New York State Rifle and Pistol Association v. Bruen shows a concerning disinterest in the importance of these empirical findings.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 92-117

Gun Violence and Gun Policy in the United States: Understanding American Exceptionalism

By Kerri M. Raissian, Jennifer Necci dineen, and Cassandra Crifasi

America has both the highest gun death rate (12 per 100,000 persons) and the highest gun circulation rate (about 121 firearms in circulation for every 100 persons) of any developed country. Taken together, these statistics might lead one to assume that high gun death rates in America are all but a certain outcome. However, gun death rates vary substantially across America suggesting that a range of solutions to reduce gun death and injury exist. This transdisciplinary volume contains a novel collection of articles that overview the evolution of American gun policy, presents evidence on the efficacy of both policy and non-policy interventions, and provides insight on where we go from here given American culture, norms, and legal structures.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 7-17

Officer-Involved Shootings and Concealed Carry Weapons Permitting Laws: Analysis of Gun Violence Archive Data, 2014–2020

By Mitchell L Doucette, Julie A Ward, Alex D McCourt, Daniel Webster, Cassandra K Crifasi

About 1,000 civilians are killed every year by a law enforcement officer in the USA, more than 90% by firearms. Most civilians who are shot are armed with firearms. Higher rates of officer involved shootings (OIS) are positively associated with state-level firearm ownership. Laws relaxing restrictions on civilians carrying concealed firearms (CCW) have been associated with increased violent crime. This study examines associations between CCW laws and OIS. We accessed counts of fatal and nonfatal OIS from the Gun Violence Archive (GVA) from 2014–2020 and calculated rates using population estimates. We conducted legal research to identify passage years of CCW laws. We used augmented synthetic control models with fixed effects to estimate the effect of Permitless CCW law adoption on OIS over fourteen biannual semesters. We calculated an inverse variance weighted average of the overall effect. On average, Permitless CCW adopting states saw a 12.9% increase in the OIS victimization rate or an additional 4 OIS victimizations per year, compared to what would have happened had law  adoption not occurred. Lax laws regulating civilian carrying of concealed firearms were associated with higher incidence of OIS. The increase in concealed gun carrying frequency associated with these laws may influence the perceived threat of danger faced by law enforcement. This could contribute to higher rates of OIS. 

J Urban Health (2022) 99:373 384

Firearm Restraining Orders in Illinois

By Alysson Gatens

Illinois’ firearm restraining orders, known in other states as “red flag laws” or “extreme risk protection orders,” are civil orders that temporarily remove firearms from individuals who are a potential danger to themselves or others. These laws aim to prevent firearm injury through a removal of means from persons experiencing a temporary crisis. Data suggest firearm restraining orders have been infrequently employed in Illinois since the law’s enactment in 2019. Nationally, initial research suggests that these types of laws are associated with reductions in firearm suicide. However, national findings have not conclusively shown a significant reduction in firearm assaults attributable to these laws. As the majority of these laws have been passed relatively recently, more research is needed as data become available on their usage and outcomes.

Chicago: Illinois Criminal Justice Information Authority, 2022. 14p.

Between Tradition and The Law: Artisanal Firearm Production in West Africa 

By Julien Joly and Aline Shaban

The sources of illicit small arms in West Africa are multiple and evolving, and not limited to the diversion of international transfers. In terms of local sources, the unlicensed artisanal production of firearms has been a recurrent challenge for member states of the Economic Community of West African States (ECOWAS). To support governments in addressing this challenge, the Survey conducted a general assessment of artisanal arms production in the ECOWAS region and the main regulatory approaches adopted by states to address their proliferation. This paper aims to stimulate discussion and the exchange of information on good practices among stakeholders to counter the proliferation and illicit use of small arms in West Africa. Key findings - Craft firearm production has deep cultural and economic roots in West Africa and serves different societal needs— and different uses—than industrial firearm production. Demand for craft-produced weapons is dependent on local dynamics. Craft firearms are no longer exclusively rudimentary items. In some instances, their sophistication is comparable to industrially made weapons equipped with automatic and semi-automatic mechanisms. The current regulatory framework for firearm production in West Africa, mandated by the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials, does not distinguish between industrial and craft production, contributing to poor enforcement by the authorities, as well as low awareness and regulation avoidance among craft producers. In addition, the legal provisions often fail to take into account the firing mechanism, which is essential for determining a firearm’s lethality and type of use. Despite the unclear regulatory environment, artisanal producers in West Africa have shown a willingness to professionalize and regularize their work. If national authorities can refine legislative frameworks to reflect actual craft production practices and products, this willingness could serve as a basis for improved cooperation, record-keeping, and marking practices that closely resemble factory-made firearms. Today, craft weapons in the region range from rudimentary hunting weapons to sophisticated copies of self-loading rifles (Assanvo, 2017; Nowak and Gsell, 2018, p. 3). In light of this, craft firearms can offer criminals, insurgent groups, and private citizens a viable alternative to industrial weapons (Hays and Jenzen-Jones, 2018, p. 36). Due to the clandestine—and lucrative—nature of their production, however, regulating the sector presents considerable challenges. Although the ECOWAS Convention provides a basis for the control of local firearm production in West Africa, it does not determine whether the manufacture of craft firearms should be considered separately or together with the manufacture of indus trial weapons. In practice, most national legislation suggests that legal provisions relating to licensing, marking, and record-keeping apply to all manufacturers indiscriminately. Nevertheless, due to technical and financial limitations, craft producers often fail to comply with these provisions, and may be pushed further into the covert side of the arms trade. With a view to informing artisanal firearms control policy, this Briefing Paper provides an overview of craft production dynamics in West Africa and explores the different approaches taken by ECOWAS member states to regulate their production

Geneva, SWIT: Small Arms Survey, 2023. 16p.

Michoacán and Rio de Janeiro: Criminal Governance, Social Control and Obtaining Profit and Political Power by Armed Self-Defense Groups and Militias

By Antonio Fuentes Díaz

The article compares two important experiences of the emergence and consolidation of armed non-state actors in Rio de Janeiro, Brazil, and Michoacán, Mexico, noting the rise of the groups, their functioning, relationship with the state and involvement in new forms of governance in territorial control, population regulation and profit-making. These phenomena are part of a broader transformation related to political mutations that decentralize the state and generate specific subjective forms that modify the relationships between the individual, the social, the state, and the market

2022, Dilemas, Revista de Estudos de Conflito Controle Social, June 2022, Dilemas 1(4):179-204