Suevon Lee

5 Bizarre Facts About America's Crazy Gun Culture

U.S. gun policy is set by both state and federal law. We previously published anexplainer on the ways states have eased gun restrictions. But federal policy, too, has become more gun friendly in recent years — and we're not just talking about the 2008 Supreme Court ruling that struck down the handgun ban in Washington, D.C., and held that people have a right to keep guns in their homes.

1. A federal firearms trace database is off-limits to the public.

How often do federally licensed gun dealers sell guns that are then used in crimes? It's hard to know, because for nearly a decade such gun trace data has been hidden from the public. Even local law enforcement had been, until recently, barred from accessing the database for anything but narrow investigations.

Under the Gun Control Act of 1968, licensed dealers are required to record certain information about a buyer and the gun's serial number at the point of sale. These records go into a database maintained by The Bureau of Alcohol, Tobacco, Firearms and Explosives. A tool to catch criminals, the database in the early 2000s became a political flashpoint, as the Washington Post details. Outside research tying seized guns to a small handful of dealers spurred the federal government to impose tougher sanctions and inspections on gun retailers and manufacturers.

But those sanctions sparked a backlash: Since 2003, the Tiahrt Amendments, so named after the former Kansas Republican congressman who introduced the measures, have concealed the database from the public. Prior to 2010, local police could access the database only to investigate an individual crime but not to look for signs of broader criminal activity.

Despite the relaxing of some restrictions, parts of the original Tiahrt Amendmentremain in place. The ATF can't require gun dealers to conduct an inventory to account for lost or stolen guns; records of customer background checks must be destroyed within 24 hours if they are clean enough to allow the sale; and trace data can't be used in state civil lawsuits or in an effort to suspend or revoke a gun dealer's license.

2. The military can't impose additional regulations on service members who own guns.

Following the November 2009 shooting at Fort Hood military base in Texas that killed 13 people and wounded more than two dozen others, the Department of Defense proposed guidelines that included, among other things, a new policy around private firearms. (The semiautomatic pistol used by accused gunman Army psychiatrist Maj. Nidal Malik Hasan was purchased at a store off-base.)

Consideration of tighter gun regulations, such as the registering of non-military guns, sparked at least one new piece of federal legislation.

Less than a year after the shooting, U.S. Sen. Jim Inhofe, R-Okla., introduced a billprohibiting new regulations on Defense Department personnel's private guns. It also prohibited commanders from inquiring into private gun ownership. At the time, Inhofestated that the measure would "prevent current and potential Second Amendment violations for those serving and employed by the Department of Defense."

There has been a recent revision: In the 2013 National Defense Authorization Act recently passed by Congress, a new provision does allow military commanders to ask about private firearms if there is reason to believe a service member is at high risk of committing suicide.

"It codifies the ability of military commanders to have a conversation with someone they feel is suicidal. This is all about conversation, not confiscation," said John Madigan, senior director of public policy at The American Foundation for Suicide Prevention, which pushed for the measure.

3. You can carry a gun inside a national park or check a gun when riding Amtrak.

In 2009, Congress passed a measure, tucked into a larger credit card reform bill, to allow visitors to national parks and wildlife refuges to carry a loaded firearm. (Previously, the guns had to be locked, unloaded and stowed away). Under the amendment, which took effect February 2010, visitors can carry firearms only in those parks located in states that permit concealed guns in their own state parks. Although the U.S. Department of the Interior had lifted the 25-year ban the year before the law passed, a federal judge had blocked implementation after gun control groups objected.

Also in 2009, Congress voted to allow customers riding Amtrak to check guns and ammunition in their luggage. (Though airlines have a similar policy, the federally subsidized national rail service barred guns in any luggage, checked or carry-on, after the 9/11 terrorist attacks.) In a statement shortly before the measure took effect, its sponsor, Republican Sen. Roger Wicker of Mississippi, said it would provide "hunters, sportsmen, and gun owners with more choices for traveling."

4. The gun industry is shielded from many lawsuits involving criminal misuse of guns.

In 2005, Congress enacted a law that immunizes gun dealers and manufacturers from liability for injuries resulting in the "criminal or unlawful misuse" of a firearm. The law authorized dismissal of any applicable pending lawsuits and prohibited future claims.

During floor debate, the bill's primary sponsor, former Idaho Republican Sen. Larry Craig, said the measure wouldn't provide the gun industry with blanket immunity, just prohibit "one extremely narrow category of lawsuits: lawsuits that attempt to force the gun industry to pay for the crimes of third parties over whom they have no control."

Indeed, the 2005 law provides for certain exceptions, including cases in which a gun dealer or manufacturer is aware the firearm will be used to a commit a crime and the suit is brought by the victim directly harmed. The law also allows suits based on a manufacturing or design defect, but not for lacking certain safety features.

Under the law, it would be much harder to obtain a settlement of the kind that families of the victims in the Washington-area sniper shootings of 2002 received. In 2004, those families won a $2.5 million settlement from the manufacturer of the Bushmaster XM-15 assault rifle used in the shootings and from the licensed Tacoma, Wash., store from where the gun was stolen.

"The law has not stopped gun litigation, but it has created an obstacle for litigation," said Jonathan E. Lowy, director of the Legal Action Project at The Brady Center to Prevent Gun Violence, which filed the lawsuit, alleging that the defendants' negligence allowed the snipers to obtain the firearm. "Today, you would almost certainly face motions to dismiss by the dealer and manufacturer, and there is a significant number of judges who would dismiss the case," he said.

5. Congress has removed federal funding for firearms-related research.

Funding used to be set aside for the Centers for Disease Control and Prevention to research the impact of gun ownership — but that was taken away in the mid-90s.

The New York Times explains that as the CDC became "increasingly assertive about the importance of studying gun-related injuries and deaths as a public health phenomenon," the National Rifle Association assailed its findings as politically skewed and lobbied to defund research.

One study commissioned by the CDC's National Center for Injury Prevention and Control found that the risks of keeping a gun in the home outweigh the benefits: "A gun kept in the home is far more likely to be involved in the death of a family member of the household than it is to be used to kill in self-defense," its authors wrote in 1993.

In 1996, an amendment proposed by then-Arkansas Republican Congressman Jay Dickey removed $2.6 million from the center's budget, the same amount earmarked for firearms research. When funding to CDC was later restored, legislation included the directive that "none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control." Critics charge that language had a chilling effect on CDC's support for gun-related research.

The CDC Injury Center today collects data generally on homicides, suicides and injuries in homes, schools and communities. But when it comes to firearms-specific research, "I never heard the money was replaced," said Dr. David Satcher, the former U.S. Surgeon General who served as CDC's director from 1993 to 1998 and now leads The Satcher Health Leadership Institute at Morehouse School of Medicine.

"I don't think this (1993) study was saying the government should take guns away from people. I think it was saying people should know what happens when you have a gun," Satcher told ProPublica. "A major benefit of that kind of research is, it keeps informing and updating people: What do we know about gun violence? What do we know about the benefits of owning a gun? I think those are the kinds of questions we need to ask in public health."

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7 Craziest Gun Laws in America

Friday’s deadly rampage at a Connecticut elementary school marked the 13th mass shooting in the United States this year. Among the 11 deadliest shootings in U.S. history, more than half took place in the last five years. During the same period, states have often relaxed their gun laws, making it easier for individuals to obtain guns, extending the places where concealed guns are permitted, or giving gun owners more robust protections.

1. Five states allow students to carry concealed guns on college campuses     

A March 2012 Colorado Supreme Court decision held that the University of Colorado could not ban students and employees with state-issued concealed weapon permits from carrying guns on campus. The decision overturned the university’s long-standing gun ban. While school policy prohibits guns at ticketed athletic and cultural events, Boulder and Colorado Springs’ campuses now designate dorms for permit-carrying students. (Guns are still banned in other dorms). “Not a single student has asked to live where guns are allowed,” theDenver Post reported last month.

In September 2011, the Oregon Court of Appeals issued a similar ruling, allowing guns on campuses throughout the Oregon University system.

Wisconsin passed legislation in 2011 allowing college students in the University of Wisconsin school system to bring a concealed weapon on campus grounds, parking lots and “other spaces that aren’t enclosed,” according to the Wisconsin State Journal. The school can prohibit guns in buildings, but only if signs are posted at each entrance.

A law passed by the Mississippi State Legislature in 2011 broadly extended the placeswhere concealed weapons are allowed, including college campuses, secondary schools, courthouses, polling locations, churches, bars and passenger terminals of an airport – places previously off-limits. This year, the University of Mississippi, which previously required students to leave guns in their vehicles, began allowing students to bring concealed weapons on campus, provided they have a concealed weapons permit and take an 8-hour training course.

Utah grants the least discretion: Since 2004, the state has prohibited any public college or university from banning concealed weapons, as campuses are considered state property.

2. Some states now allow you to bring guns into daycare centers, churches, and even “gun-free zones”

Last week, the Michigan Legislature passed a law that would allow concealed weapons in current “gun-free” zones such as schools, day care centers, bars, churches, hospitals and stadiums. Gun owners are required to receive eight hours of extra training before bringing guns into these places. The bill, which has yet to be signed into law, gives private business owners discretion to ban firearms on their property.

While Michigan’s legislation has gained attention given its timing to Friday’s shooting, it’s far from the only law of its kind. As we’ve already noted, Mississippi has also expanded the list of permissible concealed carry locations.

Elsewhere, loaded guns in bars are now allowed in Tennessee, Arizona, Georgia, Virginia and Ohio. Georgia lawmakers introduced legislation earlier this year that would expand the list of places where you can bring in a concealed weapon, proposing to allow them in colleges, places of worship and polling places.

VirginiaLouisiana and Maine allow firearms to be carried in state parks, state historic sites and state preservation areas. Recently passed federal legislation also allows the carrying of loaded guns in national parks, but only if state laws don’t interject.

3. You don’t have to be 18-years-old or sober to lawfully use a gun in some states

In Missouri, it’s no longer a crime for an intoxicated person to handle or fire a gun, so long as they were acting in self-defense.

Federal law prohibits licensed firearms dealers from selling a shotgun or rifle to anyone under 18, or handguns to anyone under 21. Still, some states impose minimum age limits that go below these federal limits.

For instance, in Vermont, it’s legal to sell a handgun or rifle to 16-year-olds. It’s legal to sell a rifle to a 16-year-old in Maine, Alaska, Minnesota or New York. In Montana, the legal age is 14, according to the Law Center to Prevent Gun Violence, a non-profit organization that tracks state gun laws.

4. Eight states have (symbolically) asserted their freedom to be exempt from federal gun regulation

Current federal gun laws set baseline standards regarding the sale and possession of guns. For instance, the Brady Handgun Violence Prevention Act requires licensed gun dealers to perform background checks on prospective gun purchasers. And agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives can conduct warrantless inspections of any licensed gun dealer – although, as we’ve previously noted, its authority has been hamstrung in recent years.

Still, eight states have passed resolutions stating that guns made and manufactured in-state shouldn’t be subject to federal regulation: Montana, Idaho, Wyoming, South Dakota, Utah, Arizona, Tennessee and Alaska.

The Montana gun activist behind the state’s legislation, whom the Wall Street Journal profiled, explained he felt he should be “free from federal laws requiring him to record transactions, pay license fees and open his business to government inspectors.”

The states’ moves are basically symbolic. The states are still following the few federal rules that exist.

But that could change. Montana Shooting Sports Association and Second Amendment Foundation have filed a lawsuit in federal court to enforce the law.

5. Some states want to make it a crime for doctors and employers to ask about your gun

In 2011, Florida became the first state to enact a law prohibiting any health care professional from asking patients whether they own guns or store them safely. A federal judge later struck down the law based on free speech grounds, stating that a physician who “counsels a patient on firearm safety…does not affect or interfere with the patient’s right to continue to own, possess or use firearms.”

Other states have followed in Florida’s footsteps: Alabama and North Carolina have introduced similar legislation in the last year.

In 2010, Indiana made it easier for people to store guns in their vehicles in a workplace parking lot. A year later, Indiana passed a law allowing job applicants and current employees to sue a private or public employer for requiring disclosure of firearm ownership or use.

6. Nearly half of states have adopted some type of “Stand Your Ground,” or “Shoot First” law

Florida and 24 other states have enacted “Stand Your Ground” laws that expand a person’s right to self-defense. Under these laws, individuals no longer have a duty to retreat to avoid confrontation in any place he or she has a right to be.

Florida was the first state to introduce such a law in 2005 – and many other states have followed suit. The law came into national spotlight when an unarmed 17-year-old teen,Trayvon Martin, was shot and killed by a neighborhood watch guard in Florida earlier this year. The shooter, George Zimmerman, was not initially charged with a crime; he has since been charged with second-degree murder and awaits trial.

7. A few states make it easy for even violent felons to get their gun rights restored

The New York Times conducted an extensive investigation into this issue last year. The story reports that in 11 states, nonviolent felons have automatic restoration of their gun rights while a handful of other states allow felons convicted of violent crimes to regain their gun rights.

In Minnesota, for instance, violent felons can petition a court to regain their gun rights by showing “good cause.” There is no waiting period. In Ohio, a violent felon need only demonstrate to a judge that he or she has “led a law-abiding life” since they’ve left prison. In Washington State, felons can get their gun rights restored as long as they haven’t been convicted of any new crimes in five years. Under Washington State’s Hard Times for Armed Crimes Act, judges actually have no discretion to deny restorationbased on a felon’s character or mental health.

Felons in other states have other ways to get their guns back: Georgia and Nebraska have granted a high number of pardons to restore felons’ right to bear arms even for those convicted of crimes like voluntary manslaughter or armed robbery.

And Montana makes it possible for felons to get their gun rights restored as long as they didn’t use a dangerous weapon in the commission of their crime.

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Why Are Children Going to Prison for Life?

This originally appeared on ProPublica.

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