Out-of-state gun purchases and fatal NYPD officer shootings in New York
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Legal Purchases Out of State that Would Be Illegal in State Involved NYPD Shootings
This paper examines how legal purchases of guns in states with loose gun laws contributes to an increased risk of fatal shootings in states with restrictive gun laws like New York. The analysis is carried out on the premise that New York has witnessed cases of fatal shootings of NYPD officers. The firearms utilized to commit these fatal crimes were traced to Georgia where they were legally purchased by individuals who would have been deemed dangerous under New York's gun laws. This thesis seeks to demonstrate that the existence of loose gun laws in some states enhances the likelihood of fatal shootings in other states with stronger policies. This discussion is based on the Rights Theory and Rational Choice Theory, which are criminology theories relating to gun laws and gun ownership. The thesis also demonstrates that this issue generates significant concerns to criminal justice professionals with regards to providing justice and enhancing the safety and wellbeing of the society. The criminal justice field is faced with the need to balance between protection of gun rights guaranteed by the Second Amendment and variations in state gun laws.
Part I - Introduction
Gun violence and mass shooting incidents have become major concerns in the United States since they are the leading causes of premature mortality in the country. For a country with such wealth, gun violence is unusually high in the United States. Despite having relatively similar crime rates to other developed countries, America's rates of homicides is significantly high i.e. seven times more than the total rate of 22 other developed countries (Webster et al., 2012). The high homicide rates in the U.S. is attributable to the significantly high rates of firearm homicides i.e. 20 times higher than the other wealthy countries. The recent increase gun violence and mass shootings is linked to the high prevalence of gun ownership and possession as well as loose gun laws in several states. An example of a state that has experienced an increase in mass shooting cases of police officers due to prevalence of gun ownership and loose gun laws in other states is New York State. While the State's gun laws are highly restrictive, the existence of loose gun laws in other states have provided a loophole through which guns are legally purchased out of state and utilized in New York State where they would be otherwise illegal.
The New York City has been traditionally regarded as one of the most celebrated cities or neighborhoods in the United States and a tourist attraction. In the past few years, the city has experienced tremendous challenges with regards to its gun policies. These recent challenges have been attributed to the increased cases of shootings including the shootings of police officers. Over the last five years, there have been increased cases of police officers from the New York Police Department. The increase in these cases has raised numerous concerns on the effectiveness of the State's gun laws vis-a-vis gun laws in other states. For instance, in 2015, a fatal shooting of an NYPD police officer, Brian Moore, generated concerns regarding Georgia's gun laws (Badertscher & Hunt, 2015). The focus on Georgia's gun laws was because the illegal gun involved in the killing of this police officer was traced to Georgia. This incident was an example of the rising cases of the use of illegal guns obtained in other states in NYPD shootings. Such cases have been on the rise in New York despite policy measures that have been established within the state to enhance gun control.
O'Neill & Vance (2017) state that New York has developed and established gun laws that seek to prevent people from bringing guns from other states. Through the laws, the New York City has restrictive permitting policies, particularly in relation to carrying concealed weapons issued in other states. Some states have permit-less carry policies, which imply that an individual can be armed in public without undergoing a background check. Additionally, gun laws in other states do not have effective policies and processes to promote the identification of individuals who engage in criminal activities after being issued the concealed-carry permits. States with such policies lack effective systems to rescind their gun privileges. The ineffective nature of these gun laws and policies in other states provide loopholes for legal gun purchases out of state that would be illegal in the New York State. For instance, some states provide permits for guns to people with arrest warrants against them, convicted felons, and those under protection orders. In the New York State, such individuals are ineligible for permits or licensure to possess or carry guns. The loopholes in the gun laws and policies in other states implies that a resident of New York State can go to another state, obtain a gun permit, and return to New York authorized to possess the gun.
Based on this analysis, it is clear that states have loser gun controls that promote the legal purchase of guns that would be otherwise illegal in the New York State. Georgia is one of the states considered to have loose gun laws that criminals have capitalized on to obtain guns that would be illegal in some states like New York. Badertscher & Hunt (2015) have argued that the loose gun laws in other states like Georgia have provided a route through which stolen and illegally trafficked firearms find their way to New York, particularly the New York City. Actually, states in the South with lax gun laws and policies contributed to increased trafficking of illegal guns to New York through the "iron pipeline" (Badertscher & Hunt, 2015). The previously described shooting of Brian Moore, an NYPD police officer, is an example of how legally purchased guns outside New York State are utilized in illegal shootings. Additionally, two police officers from New York City were fatally shot in 2014 using a gun that was legally purchased in south of Atlanta. The legally purchased gun eventually found its way into the hands of a felon with a history of mental illness, Ismaaiyl Brinsley, who fatally shot the two police officers (Blinder, Baker & Goodman, 2014).
In this regard, the effect of legal gun purchases out of state that would be illegal in state involve NYPD shootings is an issue that requires comprehensive analysis. This is an important issue of analysis that would help in the fight against possession of illegal guns and their use throughout the United States. The legally acquired guns in other states are associated with the increased cases of mass shootings, which is becoming a major issue for law enforcement and criminal justice professionals. While the development and enactment of gun control laws remains a controversial issue in the United States, the increased cases of mass shootings including the fatal shooting of police officers is a concern to the criminal justice field and the public. The recent incidents of fatal shootings of police officers from the New York Police Department has become a major concern to the relevant criminal justice agencies and personnel within the state. The issue of increased mass shootings as a result of prevalent gun ownership and loose gun laws in several states have contributed to the need to transform the existing criminal justice and social programs.
Therefore, the link between gun ownership and mass shootings requires critical analysis to help enhance the efforts of law enforcement and criminal justice field in improving gun control. The findings of the analysis would help in the formulation of effective criminal justice policies and practices towards enhancing gun safety and improving the effectiveness of gun protection laws across the country. Therefore, this research would benefit law enforcement and criminal justice professionals to enhance the effectiveness of gun laws while the possession and use of illegal guns. The research will examine the highly restrictive gun laws in New York State in comparison to gun laws in other states. This analysis will highlight how the less restrictive gun laws in other states becomes a risk factor to increased fatal shootings of police officers in New York State.
Based on the above analysis, the main focus of this capstone thesis is to demonstrate the link between the prevalence of gun ownership and fatal shootings, especially of police officers. The link will be established following a review of the extent with which loose gun laws in several states provides a loophole for ownership of illegal guns. The ownership of the illegal guns in turn enhances vulnerability to mass shootings of the public and fatal shootings of police officers. The recent fatal shootings of three NYPD police officers in two separate events within a 6-month period will be utilized as the example of demonstrating how illegal guns find their way in New York State and are used to kill law enforcement officers. The insights from this capstone thesis are beneficial to the criminal justice field with regards to the need for establishment of restrictive gun laws across states. This would help in preventing the legal purchases of guns in one state that would otherwise be illegal in other states. The legal purchases of guns in states with less restrictive gun laws increases the risk of fatal shootings in states with more restrictive gun laws like New York.
Part II -- Thesis
Thesis Statement
The legal purchases of guns in states with less restrictive gun laws increases the risk of fatal shootings in states with more restrictive gun laws like New York.
Literature Review
Prevalence Gun Violence and Mass Shootings
Karimu (2015) states that gun violence and mass shootings attributable to increased prevalence of illegal gun ownership has increased in the United States. Gun violence and mass shootings continue to increase across the country despite their impact on the economic, social, and public health well-being of the country. In an earlier study, Webster (2012) contends that the United States has a significantly higher rate of gun violence and mass shootings than other wealthy/developed countries. In concurrence, Karimu (2015) states that America has a higher per capita rate of fatalities associated with gun violence or incidences relating to mass shootings from legal and illegal gun possession. Gun violence has been found to be one of the major causes of premature mortality in the United States (Webster, 2012; Karimu, 2015).
According to Lemieux (2014), gun violence has resulted in the murder of over 540 individuals and contributed to the 480 injuries in the past few years. Webster (2012) contends that the significant number of deaths and injuries associated to gun violence and mass shootings is linked to enormous economic impacts. In 2005, the huge economic costs relating to gun violence and mass shootings contributes to the loss of productivity expenses estimated at $32 billion. In 1998, the overall costs of gun violence and its associated impacts were estimated to be approximately $100 billion annually. Apart from the economic costs, injuries and deaths, Webster (2012) states that the other effects of gun violence and shootings include decline in property values, low quality of life, legal and societal consequences, and psychological and emotional impacts.
Based on recent Uniform Crime Reports by the Federal Bureau of Investigation, violent crimes including gun-related violence increased in the United States by 3.9% in 2015 as compared to the previous year (Federal Bureau of Investigation, 2015). While the estimated violent crime rates less by 0.7% based on 5-year and 10-year trends, the rate of violent crimes including gun-related ones were still significantly high. Uniform crime reporting across all states indicated that there were approximately 372.6 violent crimes in every 100,000 people in 2015 (Federal Bureau of Investigation, 2015). In comparison with the rate of violent crimes in 2014, the was no major change in these rates in 2015 based on reports by the National Crime Victimization Survey (Truman & Langton, 2015). However, the National Crime Victimization Survey has reported a recent increase in the rates of gun violence and mass shootings (Truman & Langton, 2015).
A recent study by the Congressional Research Service has demonstrated that there have been at least 317 mass shootings that have contributed to injuries on 441 victims and 1,554 deaths between 1999 and 2013 based on data from the Federal Bureau of Investigation (Krouse & Richardson, 2015). However, this study demonstrates that mass shooting incidents during this period have fluctuated throughout the years. As compared to the period between 1999 to 2007, the number of mass shootings and gun violence incidents have increased slightly between 2007 and 2013. Krouse & Richardson (2015) argue that mass shootings are reflections of increased gun violence incidents. These statistics indicate the prevalence of gun violence and mass shootings in the United States over the last few years.
Over the past decade, there have been increased cases of fatal shootings of police officers because of the prevalence of gun ownership. According to a 2015 uniform crime report, 86 police officers were killed while on duty in 2015 based on statistics collected by FBI (Federal Bureau of Investigation, 2016). Out of these 86 police officers, 41 of the murders were related to felonious acts while the others died in accidents. Comprehensive data indicate that some of these murders involved fatal attacks or shootings by criminals using illegally obtained guns or guns that are legally purchased in another state but illegal in the state where they were used. In New York State, fatal police shootings have increased in the last five years, particularly the fatal shootings of three police officers within 6 months. These shootings incidents have been attributed to guns that were legally purchased in Georgia and brought to New York. While these guns were legal in Georgia because of the loose gun laws, they were illegal in the New York State where they were utilized to kill police officers (Blinder, Baker & Goodman, 2014; O'Neill & Vance, 2017). Since the beginning of the year, the New York State has witnessed 225 fatal shooting incidents.
Background on Enactment of Gun Laws
The increased prevalence of gun violence and mass shootings have contributed to a major focus on the establishment of gun laws. Lemieux (2014) states that the increased gun violence and mass shootings has contributed to a change in public opinion regarding gun laws. The changes in public opinion has in turn affected the perspectives of government officials regarding the prevalence of gun ownership. Mass shootings have developed to become major issues of national debate and the focus on the establishment of new national and state laws given the overwhelming and gruesome evidence. The evidence has contributed to concerted efforts between different stakeholders towards examining gun violence and mass shootings in order to effectively prevent and deal with the violence. Some of these stakeholders include federal agencies, public safety groups, law enforcement officers, medical bodies, and disaster response and public health preparedness groups (Lemieux, 2014).
McCann & Zawila (2016) argues that gun laws have been controversial in the United States given the perceived lack of clarity on the interpretation constitutional provision that permits possession and carrying a firearm. The enactment of gun laws at federal and state levels has been characterized by the difficulties in determining the appropriate circumstances of possessing and carrying a firearm. This has contributed to the emergence of increased controversies and polarization of politicians as well as the public. Karimu (2015) seemingly concurs by arguing that while the increased prevalence of gun ownership and mass shootings have generated the need for reviewing gun laws, these laws remain controversial. The controversy relating to gun control laws has been exacerbated by the U.S. Supreme Court in District of Columbia v. Heller in 2008. In this case, the Supreme Court ruled that the Second Amendment implies that an individual actually has the right to possess and keep a gun in the home for self-defense (Legal Information Institute, 2008). The ruling in this case added to the controversy surrounding gun laws by failing to provide a clear interpretation of the Second Amendment vis-a-vis the intentions of the Framers of the Constitution. In essence, regardless of the ruling in District of Columbia v. Heller (2008), there are many legal issues that continue to emerge regarding the legality of the various aspects of state gun control laws and the likelihood/need to enhance gun control laws.
Kwon et al. (1997) states that the lack of clarity regarding the interpretation of the Second Amendment has contributed to the enactment of different kinds of gun control laws by states and municipalities. The current gun control laws adopted by states and municipalities can be divided into two major groups i.e. restrictive gun control laws and less restrictive gun control laws (Kwon et al., 1997; McCann & Zawila, 2016). McCann & Zawila (2016) contend that the strength or level of restriction in gun laws adopted by states are established and maintained depending on the attitudes and desires of the state residents. In this case, states with restrictive gun laws reflect negative attitudes of the residents towards guns and their use while less restrictive gun laws within a state reflect positive attitudes towards guns and their usage.
Role of Loose Gun Control Laws in the Prevalence of Illegal Guns
According to O'Neill and Vance (2017), New York States has the strongest gun laws in the United States. This state has restrictive gun control laws because of the focus of its law enforcement and criminal justice fields in preventing gun-related violence and mass shootings. Based on these restrictive gun laws, the New York State has restrictive permitting policies for possession and carrying a gun. These restrictive laws have been regarded as the major contributors to the state's history of lessening gun crime in the past 25 years. In concurrence, Blinder, Baker & Goodman (2014) contend that New York State and states in the North have restrictive gun laws as compared to states in the South. Through the concept of "iron pipeline", states in the South such as Georgia have less restrictive gun laws. The less restrictive gun laws in the Southern States have been identified as the loopholes through which legally purchased guns are brought into New York and other Northern cities where they would be otherwise illegal.
O'Neill & Vance (2017) have argued that the existence of loose gun laws in states in the South have been strongly linked to increased cases of mass shootings in states with more restrictive gun laws. For example, the recent fatal shootings of three NYPD police officers in two separate incidents was attributable to guns that were legally purchased in Georgia. Blinder, Baker & Goodman (2014) argue that the gun that was utilized to murder two NYPD police officers would have been illegal in New York State because it was possessed by a convicted felon with a history of mental illness. This individual was able to legally purchase the gun in Georgia because the less restrictive gun laws in this state permit a convicted felon to possess and carry a firearm. Based on New York State's gun laws, the individual would be considered too dangerous to carry the gun though he is legally permitted to possess and carry the firearm in Georgia and other Southern states.
O'Neill & Vance (2017) provide additional examples of how loose gun control laws in some states have contributed to the possession and use of a gun to commit mass shootings. For instance, the recent fatal shooting of five people and injuries of six people at the Fort Lauderdale was traced to a gun that was legally purchased in Alaska. Alaska's gun laws allowed the possession of such a firearm since these laws do not require a permit for concealed carry. These factors and incidents have partly contributed to New York's reluctance to support the Concealed Carry Reciprocity Act that was recently introduced to the Congress and the Senate.
Link Between Prevalent Gun Ownership and Fatal Shootings
The existing literature establishes a strong link between the prevalent gun ownership and fatal shooting or mass shooting incidents. Lemieux (2014) states that existing evidence shows that increased gun ownership in the recent past has contributed to increased cases of public mass shootings and fatal shootings of police officers. He argues that the less restrictive gun laws in some states increase gun availability and ownership, which is in turn strongly associated with fatal shooting incidents. Gun control laws that focuses on lessening gun availability such as the restrictive gun laws in New York State have a deterrent effect on gun violence and mass/fatal shootings. The restrictive gun laws have been found to have a deterrent effect on fatal shootings through lessening availability and ownership of guns.
Additionally, some studies have demonstrated that there is a strong link between the legal purchase of guns and enhanced risk of violent deaths (Lemieux, 2014). O'Neill & Vance (2017) seemingly concur with these findings by arguing that New York State has experienced a decline in violent deaths and fatal shootings because of highly restrictive gun laws. Since 1990, New York City has been responsible for a 25% decline in cases of homicides because of the adopted gun laws. During the same period, the state's gun laws have contributed to an 84% decline in murders and 81% decline in shootings in New York City (O'Neill & Vance, 2017). As compared to states with less restrictive gun laws, New York has realized this significant decline in violent deaths and shootings because of having the strongest gun laws in the country.
Karimu (2015) supports the need for revisiting gun laws in the United States on the premise that there is a strong link between prevalence of gun ownership and fatal shootings. According to the findings of his study, Karimu (2015) states that there have been over 8,000 gun-related killings in the United States since the Newtown, Connecticut shooting in 2012. This significant number of gun-related killings is attributable to the less restrictive gun control laws across several states in America. The less restrictive gun laws in several states have been responsible for the alarming level of gun shootings throughout the country. However, Karimu (2015) contends that the increase in gun shootings across the United States is not entirely attributable to the less restrictive gun laws in some states. The researcher states that technological changes that have increased the availability of cheap guns are also to blame for the increase in gun shootings.
On the contrary, Blinder, Baker & Goodman (2014) argue that gun control laws are to blame because they have failed to prevent loopholes that enhance the availability of guns through technological platforms. McCann & Zawila (2016) support this argument by stating that more permissive gun laws not only increase the availability of mass marketable, cheap guns but also increases gun ownership, which in turn enhances gun shooting cases across the country.
Through the findings of an empirical study, Kwon et al. (1997) seemingly refute the arguments that increased gun ownership is strongly associated with increased cases of gun shootings throughout the United States. Kwon et al. (1997) argues that through the use of state level data, gun laws have a weaker deterrent impact on gun-related deaths and shootings. These researchers argue that gun-related deaths and shootings are strongly linked to socioeconomic factors like alcohol intake and poverty levels rather than gun control laws. As a result, the study concludes that socioeconomic factors have strong links to gun shootings and fatalities as compared to the strength of the adopted gun laws.
However, the findings of another empirical study by Wendt (2014) shows that prevalent gun ownership is strongly linked to increased cases of gun shootings. Based on this study, the rates of firearm-related deaths have been found to increase because of prevalent gun ownership, which is partly influenced by the existing gun laws. Wendt (2014) concludes that strict gun policies have a deterrent effect on the rates of gun shootings and firearm-related deaths. On the other hand, lenient gun control policies increase the availability and ownership of guns, which in turn increases cases of gun shootings.
Gun Laws and the Criminal Justice Field
As evident in the analysis, the strength and efficiency of gun laws has considerable impacts on law enforcement and criminal justice processes. The significance of gun laws in law enforcement and criminal justice processes is attributable to the increased concerns and controversies relating to gun control policies. Additionally, law enforcement and criminal justice personnel have become increasingly concerned with the increased cases of gun violence and shootings that characterize the modern society (Lemieux, 2014). Through conducting an empirical research, Cheng (2002) found that gun laws are crucial issues in the law enforcement and criminal justice field because of the threat of gun violence. The United States Department of Justice has reported that gun-related violence and shootings account for a significant portion of violence across the county (Cheng, 2002; Wendt, 2014). This is a major issue in the criminal justice field because the United States has one of the highest rates of violent offenses across the globe. The significance of gun violence and shooting to law enforcement and criminal justice personnel is attributable to the measures adopted by these professionals in dealing with crime including violent crimes.
According to Cheng (2002), the criminal justice field can enhance its effectiveness in dealing with violent crimes and delivering justice through examining gun violence and developing suitable measures to deal with it. Webster et al. (2012) supports this argument by claiming that the criminal justice field needs to develop suitable measures to address the increasing burden of gun violence in the country. These researchers state that without focusing on gun violence, the criminal justice field will be unable to lessen violent crimes in the United States because gun violence accounts for a large portion of violent offenses in the country.
Based on the findings of their empirical study, McCann & Zawila (2016) found that the link between gun laws and the criminal justice field is demonstrated in the fact that gun violence is a social justice issue. In this regard, gun violence has significant impacts on the safety and wellbeing of the society. Therefore, since one of the mandates of the criminal justice field is to enhance the safety and wellbeing of the society, promoting social justice requires addressing the ever-growing issue of gun violence and shootings.
McCann & Zawila (2016) concur with Cheng (2002) that dealing with gun violence requires the criminal justice field to examine gun laws. The consideration of federal and state laws relating to gun control is crucial in the criminal justice processes in relation to ensuring that justice is served. Given the disparity in state laws relating to gun control, examining these laws helps in determining the legality of gun ownership and possessions within the state. Krouse & Richardson (2015) contends that the determination of mass shooting cases requires consideration of the relevant applicable laws by law enforcement personnel. The variations in gun control laws across states influence arrest, prosecution and defense of gun owners by law enforcement officials vis-a-vis the particular crime. The differing level of restrictions in state gun laws impact legal purchases of guns and the determination of guilt in a court of law if the firearm is used to carry out a crime (Cheng, 2002). The impact of legal gun purchases out of state that would otherwise be illegal in other states like New York shapes future criminal justice interpretations of gun control laws when determining court cases relating to gun violence and shootings (O'Neill & Vance, 2017).
Ethical Issues and Theories Relating to Gun Laws
Gun laws adopted by states generate ethical issues in the criminal justice field because of the variance in the reasons for gun ownership and availability. According to DeGrazia (2014), ethical issues relating to gun laws emerge from the fact that appropriate gun policy has been the subject of numerous controversies in the recent past. The major ethical issue for criminal justice professionals in relation to gun laws is the need to protect and safeguard Second Amendment rights versus the need to ensure legal availability, ownership and use of firearms (DeGrazia, 2014). According to McCann & Zawila (2016), the criminal justice field faces challenges in ensuring that that constitutional provisions relating to gun possession are protected and ensuring that firearms are not utilized for criminal activities. For law enforcement and criminal justice professionals, the main ethical issue is ensuring that guns are utilized for legitimate purposes while avoiding the enforcement of restrictions on gun rights in a manner that violates constitutional provisions (DeGrazia, 2014).
In addition, criminal justice professionals are faced with ethical issues relating to the legal gun purchases that would be illegal in other states because of loose and restrictive gun laws. While individuals legally purchase guns in other states, those guns could be illegal in other states because of the differences in the level of restrictions on gun rights across states. In another study, DeGrazia (2012) states that while the legal right for people to own guns for self-protection purposes at home is clearly established in the Constitution, ethics plays an important role in the assessment of current federal and state policies. Criminal justice professionals face ethical issues in relation to the limits of legal authority for gun ownership vis-a-vis the safety and wellbeing of the society. DeGrazia (2012) states that ethics play an important role in determining the limits of such legal authority because moral rights are the premises for justification and application of these legal rights. From an ethical perspective, McCann & Zawila (2016) state that the major ethical issue in this case relates to protecting the greater good of all individuals.
One of the criminology theories relating to this issue of the impact of legal gun purchases out of state on NYPD shootings is the Rational Choice Theory (Cheng, 2002). This theory relates to the extension of the concept of deterrence in relation to gun ownership and use of firearms for criminal purposes (Cheng, 2002). The legal purchase of guns out of state that would be otherwise illegal in New York relates to an individual's capabilities to make rational decisions. People purchase guns and utilize them based on their rational decisions in relation to the expected profits and benefits while lessening costs or losses (Cheng, 2002; Wendt, 2014 & McCann & Zawila, 2016).
On the contrary, Huemer (2003) argues that this issue relates to Rights Theory given that people believe that they have a prima facie right to own guns. Based on the presumption of liberty, an individual has a prima facie right to legally purchase and own a gun unless where there are positive reasons to deny such rights (Huemer, 2003; DeGrazia, 2012). DeGrazia (2012) states that the prima facie right for gun ownership provides a valid ethical claim that needs to be respected unless there is another contrary prima facie right.
Argument
The review of existing literature on the issue of prevalence of gun ownership and mass shootings proves the thesis provided in the introductory section. There is overwhelming evidence in literature to show that legal purchases of guns in states with loose gun control laws enhances the risk of fatal shootings in states with more restrictive gun control laws like New York. The existing literature has demonstrated that prevalent gun ownership is positively associated with increased cases of mass shootings. Based on Rational Choice Theory, people purchase guns not necessarily because of the extent of restrictions on gun rights, but based on their perceptions of expected profits and benefits of gun ownership. Therefore, if the intentions of gun ownership are to engage in criminal activities, people will utilize the existing loopholes in state gun laws to purchase guns and utilize them to meet their desires.
The Rational Choice Theory and Rights Theory demonstrate that loose gun laws lead to purchases of guns that would otherwise be illegal in other states. These guns are in turn utilized for criminal purposes i.e. fatal shootings of police officers and/or members of the public. For example, there is overwhelming evidence that demonstrates that the recent fatal shootings of three NYPD police officers in two separate incidents was attributable to the use of guns that were legally purchased in Georgia. In both instances, the criminals capitalized on the loose gun laws in Georgia to purchase firearms that they later utilized to commit the fatal shootings of police officers in the New York Police Department. The loose gun laws in states like Georgia provide loopholes through which individuals who would be deemed dangerous to own guns purchase firearms and utilize for criminal activities.
The existing evidence in literature has also shown that state with loose gun laws are associated with increased cases of fatal shootings or gun-related violence. On the contrary, states with more restrictive gun policies are linked with decreased cases of fatal shootings and gun-related violence. In the past few decades, New York State has experienced significant decline in the number of violent deaths from the use of guns because of the restrictive gun laws. For instance, the state has experienced an 84% and 81% decrease in murders and shootings respectively in nearly three decades because of the restrictions of gun rights within the state. This is a significantly higher decrease as compared to other states because New York has the strongest gun control laws throughout the United States.
This evidence and literature shows that the thesis is correct because restrictions in gun laws have a deterrent effect on gun ownership and availability as well as involvement in fatal shootings or gun violence. The existence of loose gun laws act as an avenue through which gun violence increases because of increased availability of guns and ease of access to relatively dangerous individuals. In this case, if Georgia and other states adopted more restrictive gun laws, the fatal shootings of the three NYPD police officers would probably have not occurred because the perpetrators would not have had access to guns or even owned the firearms.
This essentially means that loose gun control laws in some states have provided the avenue for prevalence of illegal guns that are in turn utilized for criminal activities. While the guns are legally purchases, they become illegal when they are brought into states with restrictive gun policies like New York. Additionally, such laws provide avenues for dangerous individuals to purchase and possess guns, which implies that the firearms are in illegal hands and are more likely to be utilized for criminal purposes.
The argument that there is no link between prevalent gun ownership and mass shootings is refuted by recent empirical evidence and cases where firearms were legally purchased in some states and utilized in others for illegal purposes. The notion that socioeconomic factors are the premise upon which gun-related violence and shootings increase is refuted by the Rational Choice Theory and the Rights Theory. The perception that people have the right to own guns and purchase them to accomplish certain purposes implies that socioeconomic factors have relatively minimal impacts on gun-related violence and shootings.
Based on these theories gun control laws have different impacts on probable offenders involved in various kinds of crimes, which demonstrates that socioeconomic factors have relatively no impact on gun violence and shootings. Actually, the Rational Choice Theory implies that people respond differently to gun laws depending on the established restrictions on gun availability and ownership. Therefore, the link between gun laws and fatal shootings, especially in relation to gun laws, is well established in existing literature. This shows that legal purchases of guns in states with loose gun control laws enhances the risk of fatal shootings in states with more restrictive gun control laws like New York.
Part III -- Conclusion
Gun control laws remain to be major controversial issues in the United States because of the lack of clarity regarding the most suitable interpretation of the Second Amendment that is applicable to all situations relating to gun ownership. These laws continue to be controversial despite the recent increase of gun violence and shootings that have in turn highlighted the need to review federal and state gun laws. Despite the lack of a suitable interpretation of the Second Amendment, states have enacted different laws to govern the availability and ownership of guns. States have enacted their policies depending on their attitudes towards gun possession by residents within the state. Given the variance in these gun laws, state policies on gun ownership are generally classified into two i.e. less restrictive policies and more restrictive policies. Recent statistics have indicated that states in the South like Georgia have less restrictive gun laws whereas Northern states like New York have more restrictive gun laws.
As evident in this analysis, the existence of loose or less restrictive gun laws in Southern states have played a role in the increase of fatal shooting incidents in states with more restrictive laws like New York. While New York City has traditionally acted as a tourist attraction and one of the most celebrated cities in the country, there have been cases of fatal shootings. For instance, the city recently experienced the fatal shootings of three NYPD police officers in two separate incidents. The firearms utilized in these incidents were traced to Georgia where they were legally purchased by individuals who would have been deemed to dangerous to own a gun in New York.
As demonstrated in the review of literature and recent statistics, there is overwhelming evidence to demonstrate the link between the prevalence of gun ownership and fatal shootings or gun violence. Criminals have taken advantage of loose gun laws in some states to legally obtain firearms that were brought to other states and used for illegal purposes. This claim is supported by the Rights Theory and Rational Choice Theory through which people believe they have the moral right to own guns and purchase them for particular benefits and for lessening some losses. These factors prove that the legal purchases of guns in states with less restrictive gun laws increases the risk of fatal shootings in states with more restrictive gun laws like New York.
While the thesis establishes the link between legal out-of-state purchases of guns and increased risk of fatal shootings in other states like New York, future studies should be carried out to determine the extent with which such link occurs. Future studies should also focus on determining factors/avenues through which criminals capitalize on the loose gun laws in some states to traffic guns to other states where they are utilized for criminal purposes. In this regard, the studies should focus on examining the loopholes in the less restrictive gun laws and how they can be addressed in order to prevent illegal gun ownership and reduce fatal shootings.
The likelihood for future studies on this issue is attributable to the fact that this thesis still leaves certain questions unanswered. One of the unanswered questions emerging from this thesis is whether states should adopt more restrictive gun laws or moderate gun laws. Additionally, the thesis raises concerns relating to the extent with which restrictive gun laws would violate the Second Amendment rights. There is increased likelihood that studies will be carried out by criminal justice scholars in the future to determine the most suitable gun laws i.e. less restrictive, restrictive or moderate gun laws. On the other hand, courts and the legislature are likely to provide more interpretations of the Second Amendment and gun laws because of the increased cases of gun violence. This implies that the Legislature, the Courts, and the criminal justice academia are likely to engage in efforts that are geared towards lessening fatal shooting and gun violence cases through reviewing restrictions on gun rights in state gun laws.
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Huemer, M. (2003, April). Is There a Right to Own a Gun? Social Theory and Practice, 29(2), 297-324.
Karimu, O.O. (2015, March). The Two Sides of Gun Legislation and Control Debate in United States of America. European Scientific Journal, 11(7), 400-414.
Krouse, W.J. & Richardson, D.J. (2015, July 30). Mass Murder with Firearms: Incidents and Victims, 1999-2013. Retrieved May 19, 2017, from https://fas.org/sgp/crs/misc/R44126.pdf
Kwon, I.G., Scott, B., Safranski, S.R. & Bae, M. (1997, January). The Effectiveness of Gun Control Laws: Multivariate Statistical Analysis. American Journal of Economics and Sociology, 56(1), 41-50.
Legal Information Institute. (2008). District of Columbia v. Heller (No. 07-290). Retrieved from Cornell University Law School website: https://www.law.cornell.edu/supct/html/07-290.ZS.html
Lemieux, F. (2014, June). Effect of Gun Culture and Firearm Laws on Gun Violence and Mass Shootings in the United States: A Multi-level Quantitative Analysis. International Journal of Criminal Justice Sciences, 9(1), 74-93.
McCann, S.J.H. & Zawila, C. (2016). American State Gun Law Strength and State Resident Differences in Neuroticism Levels. Journal of Social and Political Psychology, 4(1), 91-113.O'Neill, J.P. & Vance, C.R. (2017, March 23). Don't Mess With New York's Gun Laws. The Wall Street Journal. Retrieved May 19, 2017, from http://nypdnews.com/2017/03/dont-mess-with-new-yorks-gun-laws/
Truman, J.L. & Langton, L. (2015, September 29). Criminal Victimization, 2014. Retrieved from Bureau of Justice Statistics -- U.S. Department of Justice website: https://www.bjs.gov/content/pub/pdf/cv14.pdf
Webster et. al. (2012, October).The Case for Gun Policy Reforms in America. Retrieved from Johns Hopkins Bloomberg School of Public Health website: http://www.jhsph.edu/research/centers-and-institutes/johns-hopkins-center-for-gun-policy-and-research/publications/WhitePaper020514_CaseforGunPolicyReforms.pdf
Wendt, J. (2014). Gun Control and Violent Crime. Retrieved from Lewis-Clark State College website: http://www.lcsc.edu/media/1781589/Gun-Control-and-Violent-Crime.pdf
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Badertscher, N. & Hunt, A. (2015, May 12). Advocacy Group Overreaches With Claim on NYPD Shootings. Retrieved May 19, 2017, from http://www.politifact.com/georgia/statements/2015/may/12/everytown-gun-safety/advocacy-group-overreaches-claim-nypd-shooting/
Blinder, A., Baker, A. & Goodman, J.D. (2014, December 24). Tracing the Gun Used to Kill 2 New York City Police Officers. The New York Times. Retrieved May 18, 2017, from https://www.nytimes.com/2014/12/25/nyregion/tracing-the-gun-used-to-kill-2-new-york-city-police-officers.html
Cheng, X. (2002). Analysis of States Gun Control Restrictions. Retrieved from University of South Florida Scholar Commons website: http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=2516&context=etd
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DeGrazia, D. (2014). The Case for Moderate Gun Control. Kennedy Institute of Ethics Journal, 24(1), 1-25.
Federal Bureau of Investigations. (2016, October 18). FBI Releases 2015 Statistics on Law Enforcement Officers Killed and Assaulted. Retrieved from Uniform Crime Report -- Federal Bureau of Investigations website: https://ucr.fbi.gov/leoka/2015/resource-pages/leoka-2015-press-relelase
Federal Bureau of Investigations. (2015). Violent Crime. Retrieved from Uniform Crime Report -- Federal Bureau of Investigations website: https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015/offenses-known-to-law-enforcement/violent-crime/violentcrimemain_final.pdf
Howerton, J. (2013, May 6). The Firearms Statistics that Gun Control Advocates Don't Want to See. Retrieved May 19, 2017, from http://www.theblaze.com/news/2013/05/06/the-firearms-statistics-that-gun-control-advocates-dont-want-to-see/
Huemer, M. (2003, April). Is There a Right to Own a Gun? Social Theory and Practice, 29(2), 297-324.
Karimu, O.O. (2015, March). The Two Sides of Gun Legislation and Control Debate in United States of America. European Scientific Journal, 11(7), 400-414.
Krouse, W.J. & Richardson, D.J. (2015, July 30). Mass Murder with Firearms: Incidents and Victims, 1999-2013. Retrieved May 19, 2017, from https://fas.org/sgp/crs/misc/R44126.pdf
Kwon, I.G., Scott, B., Safranski, S.R. & Bae, M. (1997, January). The Effectiveness of Gun Control Laws: Multivariate Statistical Analysis. American Journal of Economics and Sociology, 56(1), 41-50.
Legal Information Institute. (2008). District of Columbia v. Heller (No. 07-290). Retrieved from Cornell University Law School website: https://www.law.cornell.edu/supct/html/07-290.ZS.html
Lemieux, F. (2014, June). Effect of Gun Culture and Firearm Laws on Gun Violence and Mass Shootings in the United States: A Multi-level Quantitative Analysis. International Journal of Criminal Justice Sciences, 9(1), 74-93.
Mathias, C. (2015, May 6).
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