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Gun Control:

Shooting for Laws that Work

Kirsten Krause
AP/ECE English 12
Section B
Mrs. Kirkpatrick
March 1st, 2018
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Table of Contents

Abstract……………………………………………………………………………………………2
Scope of the Problem……………………………………………………………………………2-5
Mission Statement…………………………………………………………………………………5
Goals and Objectives……………………………………………………………………………...6
Goal One…………………………………………………………………………………..6
Goal
Two…………………………………………………………………………………..6
Evaluating Resources…………………………………………………………………………...6-8
Federal Legislation……………………………………………………………………...6-7
State Legislation…………………………………………………………………………...7
Flaws in Legislation……………………………………………………………………….8
Implementing the Plan…………………………………………………………………………8-11
Goal One……………………………………………………………………………….8-10
Implications of Legislation……………………………………………………...8-9
Effects on the Secondary Market………………………………………………….9
Pursuing a Bill…………………………………………………………………9-10
Goal Two……………………………………………………………………………..10-11
Data Collection…………………………………………………………………..10
Data Analysis…………………………………………………………………10-11
Limitations of Data………………………………………………………………11
Gaining Support………………………………………………………………………………11-13
Citizens…………………………………………………………………………………..12
Law Enforcement…………………………………………………………………….12-13
Government………………………………………………………………………………13
Conclusion…………………………………………………………………………………....13-14
Works Cited…………………………………………………………………………………..15-16
Annotated Bibliography……………………………………………………………………...16-19
Appendix A…………………………………………………………………………………..20-23
Survey Questions………………………………………………………………………...20
Survey Results………………………………………………………………………..21-23
Appendix B…………………………………………………………………………………...24-26
Interview Questions……………………………………………………………………...24
Interview
Transcript…………………………………………………………………..24-26
Appendix C………………………………………………………………………………………27
Appendix D……………………………………………………………………………………....28
Appendix E………………………………………………………………………………………29
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Appendix F………………………………………………………………………………………30
Appendix G……………………………………………………………………………………...31
Abstract

In a country where the criminal use of firearms is rapidly growing, it is critical to

examine current methods of gun control and reflect upon their impact in order to ensure the

safety of American citizens. This research study examines current regulations in regards to the

private party sales of firearms in America and how they differ from state to state. The resulting

proposal necessitates the implementation of federal legislation that would expand the current

system of background checking firearm owners to cover sales that occur in both the primary and

secondary market to certify that individuals who are not qualified to own a firearm cannot obtain

one through the private sale loophole. The implementation will not only result in simple and

efficient firearm sales, but also a decrease in the criminal use of firearms and firearm mortality in

states that currently harbor exceptionally high rates.

Scope of the Problem

Every year in the United States alone, more than 36,000 people lose their lives to gun

violence (Everitt). Many argue this is the result of an overabundance of firearms in America;

however, though it is estimated that “citizens [possess] around 310 million firearms privately,”

(Khalil) it is imperative to the safety of American citizens’ lives and constitutional rights that we

recognize inadequate regulation and the consequential criminal use of guns as the root of the

problem, not the mere ownership of them (Serpas). Certainly, guns themselves do not cause

crime, but because they are so readily available, felony has evolved to be exceedingly dangerous.

A firearm can be purchased through either the primary market, consisting of federally licensed
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retailers, or the secondary market, consisting of private parties who do not often engage in the

business of buying and selling guns (Cole). On average, “30-40% of all gun transfers occur in the

secondary market,” (Serpas) through private sellers who are not required by law to seek

identification of the buyer, keep a record of the sale, nor initiate a background check

(Wintemute). A national survey conducted by Matthew Miller in 2015 unveiled that 50% of

firearms “purchased privately, [including] sales between individuals in person, online, or at gun

shows, [were] obtained without a background check;” therefore, half of the guns on America’s

legal market are being exchanged without first confirming whether the buyer is legally qualified

to be the owner of a firearm (Miller). Furthermore, “85% of all guns used in crimes and then

recovered by law-enforcement agencies have been sold at least once by private parties,” as a

result of the minimal and essentially non-existent regulation of private party sales (Wintemute).

In order to purchase a firearm through the primary market, one is required by federal law

to show identification, certify that they are buying the gun for themselves, and confirm they are

not a member of any of several demographics who are prohibited from purchasing or possessing

firearms (Wintemute). Following this process, a background check is conducted on the

individual purchasing the firearm; 90% of the time, background checks are completed within 3

minutes, with a wait time up to, but not exceeding, 3 days following any suspicion generated by

the check (Wintemute). Despite the potentially bothersome wait time, this occasional

precautionary period has proven successful in nature as background checks that “take longer

[than average] are 20 times more likely to turn up a convicted felon,” (“Gun”). After the

purchase of the gun, the retailer is further required to maintain a permanent record of the sale and

notify the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of any irregular patterns
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in the purchasing of firearms following the initial sale (Wintemute). This detailed process is

effective by federal law, and all states must abide by its terms; in private party sales however, all

that is necessary for a purchase to occur is a handshake and the exchange of money for the

firearm. It is both illegal to buy a gun when prohibited from doing so, as well as sell a gun to

someone who is not permitted to own one, and because of this, many private salesmen will not

question their buyers to avoid provoking their own suspicion. Sequentially, this attracts many

individuals who would otherwise be prohibited from owning and purchasing firearms to places

like gun shows, where sales of this nature occur regularly (Comp). Because of the current lack of

laws regarding private party sales, the exchange of a firearm in such a way is a completely legal

endeavor, making it simple for a felon to obtain a gun and endanger the lives of many with no

questions asked.

Currently, a mere 18 states have laws that establish the necessity to run background

checks on all sales that fall outside the “licensed retailers” addressed by federal law, while the

remaining 32 regulate only some or no aspects of private party sales, resulting in criminals’ easy

access to firearms in more than half the states (“Gun”). This distribution of various laws

regarding private party sales as of 2016 is represented in Appendix C. Each year, the Center for

Disease Control (CDC) examines firearm-related deaths by state, and groups them according to

mortality rate. The final statistics omit numbers from gun-related deaths such as suicides and

hunting or sports accidents. This distribution of deaths is represented in Appendix D, which

corresponds to the year 2016. In comparing the patterns apparent in each visual representation, a

clear correlation exists between the extent to which states regulate private party sales and the

mortality rates in that particular state, with few exceptions; it is evident that states that regulate
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private party sales have significantly lower gun-related mortality rates than those who do not.

For example, states such as Connecticut, California, and New York are categorized as having the

lowest gun-related mortality rate and regulate all private party sales. Conversely, states such as

New Mexico, South Carolina, and Louisiana have the highest gun-related mortality rates and

regulate no aspect of private party gun sales.

Despite the efforts of the few states that have implemented these laws and have

experienced noticeable results, it is still elementary for an individual who is not permitted to own

a gun to obtain one. State firearm laws in regards to private party sales are complicated; there are

countless “nuances, exceptions, and exemptions, meaning that a law might apply to some people

or in some situations in one state, but may not apply to the same people or the same situation in

another state,” making it nearly impossible to catch an individual in the act of avoiding the law

(Siegel). It is exactly for this reason that a federal law must be enacted and enforced in all states

to eradicate or minimize gun-related violence, mortality, and the criminal use of firearms within

the United States.

Mission Statement

The current arrangement of federal laws in the United States to regulate gun sales is

critically flawed, as it applies strictly to guns purchased through the primary market, overlooking

the copious portion of firearms sold through private parties. Only 18 states have attempted to

manage private party sales through legislation; consequently, firearm mortality rates in the

United States remain alarmingly high. Therefore, it is essential that a federal law to regulate all
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private party sales be implemented to eliminate or minimize gun related violence, mortality, and

the criminal use of firearms.

Goals and Objectives

1. Implement a federal law by the year 2022 that requires private sellers in all states to

process individual sales with background checks and keep permanent record of the sale.

a. Pursue a bill by December of 2018 in order to begin campaigning for legislation.

b. Subject sales between individuals in person, at gun shows, and online to the

implications of this law.

c. Require private sellers to follow the same procedures and uphold the same

integrity in the business of selling firearms as a federally licensed retailer.

2. Decrease firearm mortality rates in states that are currently above 12.85% to 11.9% or

lower within 3 years following the implementation of federal legislation.

a. Collect data pertaining to gun mortality rates by criminal use of firearms both

before and after the implementation of the law.

b. Monitor the change in mortality rates in states with exceptionally high death rates

(12.85% or greater) year after year.

c. Omit data from firearm related suicides and/or accidents pertaining to hunting or

other shooting sports from statistics, focusing strictly on deaths as a result of the

criminal usage of firearms.

Evaluating Resources

Federal Legislation
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Under current federal legislation, an individual who is not qualified to be the owner of a

firearm can easily and legally obtain one; through a private party sale, any convicted felon,

domestic violence offender, or substance abuser can​ legally ​purchase a firearm with the intent of

criminal use. Federal law mandates that all purchases through the primary market be processed

with a background check, and upon generation of suspicion from the check or discovery that the

buyer is of a certain demographic unpermitted to own a firearm, the purchase cannot take place

(Wintemute). However, private party sales, which account for 30-40% of all gun sales in the U.S.

(Serpas), require no background check nor confirmation of the buyer’s identity for the purchase

to legally occur (Comp). This calamitous flaw in the federal regulation of firearm sales has

resulted in thousands of individuals who are not permitted to own a firearm to flock to the

secondary market (private parties) in search of firearms they could not otherwise legally obtain.

State Legislation

Consequently, individual state laws regarding private party firearm sales exist that bolster

the discrepancy between primary and secondary gun sales. Because state firearm laws vary so

greatly, this disparity further encourages individuals who are not qualified to purchase or own a

firearm to go out of their way to obtain one through a private sale. Something that is illegal in

one state, such as purchasing a gun through a private party in the absence of a background check,

could be perfectly legal in only the next state over (Siegel). This is the same in many instances

depending on the nature of the gun; some states only regulate private sales of one or more types

of firearms, neglecting the rest. This variance in state laws results in a plethora of cross-border

sales as individuals who are outside the law continue to avoid implications of legislation, yet are

shockingly able to complete the process of buying a firearm, ​legally.


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Flaws in Legislation

In culmination with the many flaws of federal legislation is dangerous amounts of armed

felons and other individuals who are not authorized to own a firearm, jeopardizing the safety of

American citizens. In order to quell the criminal use of firearms, it is critical to target the private

sale “loophole” by expanding federal legislation to cover all states, requiring universal

background checks on ​all​ gun sales regardless of the type of firearm, the buyer(s), or the nature

of the sale.

Implementing the Plan

Goal #1

Implement a federal law by the year 2022 that requires private sellers in all states to

process individual sales with background checks and keep permanent record of the sale. The

flowchart of this goal is depicted in Appendix F.

Implications of Legislation

Legislation will subject sales between individuals in person, online, or at gun shows to

the implications of this law in order to prevent unchecked or illegal individuals from purchasing

a firearm through a private party of any means. This ultimately closes the “private party

loophole,” as all individuals participating in a sale through a private party, regardless of the

nature of the sale, will need to have passed a background check to obtain any firearm. Further,

the law will call for permanent record keeping of the sale by both the buyer, seller, and the state
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in which the sale took place. Since 85% of all firearms used criminally have been sold through a

private party at least once, permanent filing of the sale will ensure not only that the transfer was

legal, but also that the process of tracing a gun’s origins through multiple owners, if necessary, is

uncomplicated.

Effects on the Secondary Market

Ultimately, this law will require private sellers to follow the same procedures and uphold

the same integrity in the business of selling firearms as a federally licensed retailer. In the few

states that regulate all private party sales exists a document called “Sale or Transfer of All

Firearms,” a half sheet of paper that will be used as the permanent record keeping of private sales

(Appendix E). The forms will be available on the Department of Emergency Services and Public

Protection website respective to the state in which the sale occurred, and four copies will be

necessary per sale; one for the buyer, seller, local police authority, and the state Commissioner of

Public Safety. The document requires both the buyer and seller to have a firearm permit or

federal firearm license (FFL) number, neither of which can be obtained without first passing a

background check. By using this document to regulate private sales and keep records, all

individuals that wish to purchase a firearm by any means must first pass a federal background

check. Background checks will be universal, requiring no extra funding or scrutinizing of the

details of the checks as an effective system already exists. This law simply expands legislation

regarding firearms to cover both primary market and private party sales of firearms.

Pursuing a Bill

In order to reach eventual implementation of federal law, it is essential that a bill is

pursued by December of 2018, beginning with an individual in support of the idea of universal
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background checks on all firearm sales, regardless of the state. It is important that the ideas and

implications of the bill are condensed into a draft of professional and legal language in order to

increase the likelihood the bill will receive support from state representatives and senators once it

is presented in congress. After the completion of the drafted bill, the individual must reach out to

a state representative or senator who is willing to sponsor and support the bill as well as present

it in a congressional session to begin the process of implementing new legislation. During the

time the bill is on the floor, supporting citizens and sponsors of the bill must make a clear

presence and campaign for the support of the bill to enforce that it will be received with positive

feedback when passed to legislation.

Goal #2

Decrease firearm mortality rates in states that are currently above 12.85% to 11.9% or lower

within 3 years following the implementation of federal legislation. The flowchart of this goal is

depicted in Appendix G.

Data Collection

In order to measure the effectiveness of new federal legislation, it is imperative to collect

data pertaining to gun mortality rates by criminal use of firearms both before and after the

implementation of the law. In the years leading up to the implementation of the law, data will

continue to be collected by the CDC in the same manner as depicted in Appendix D. After

implementation of the law, data collection will continue in the same manner in order to avoid

introducing bias into the collection, yielding results that are an accurate measurement of the

law’s effect.

Data Analysis
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As part of the data collection and analysis, the CDC will monitor the change in mortality

rates in states with exceptionally high death rates (12.85% or greater) year after year. The data to

be analyzed must be from the years preceding the implementation of the law and ​at least​ three

years following. The CDC will produce an annual report following the collection of data for the

purposes of filing and later comparing results from previous years’ data collection. The data

collected throughout the time surrounding the law’s enactment will be used not only to compare

the fluctuation in the criminal use of firearms overtime, but also after the implementation of the

law to ensure the consequential shift in mortality rates is a direct result of the law.

Limitations of Data

For accurate data collection and analysis, the CDC will omit data from firearm related

suicides and/or accidents pertaining to hunting or other shooting sports, focusing strictly on

deaths as a result of the criminal use of firearms. This method of data collection is currently

applied to the practices of the CDC in firearm mortality studies, and therefore will not require

further development nor guidelines as an effective system is already in use. Continuing with this

method of data collection for analysis will avoid the introduction of bias and retain the accuracy

of the data for the purposes of studying the effects of the legislation.

Gaining Support

Firearms have impacted the lives of many individuals in a multitude of ways; although

one’s experience with guns can be very diverse, a survey conducted at Coventry High School

revealed that more than half, about 51.2%, of people have had some form of personal experience

with a firearm (Appendix B). Because such a substantial amount of the population is affected by
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the use and regulation of firearms, many diverse groups of people will endorse the solution that

new federal legislation proposes.

Citizens

Passing of legislation requiring universal background checks on all gun sales and

transfers will establish a substantially safer public environment in the United States.

Approximately 85.4% of people believe that criminal use of firearms is a growing and prevalent

problem in the country today (Appendix B). Further, 97.5% of people believe that anyone

looking to purchase a firearm should be required to undergo a background check, and 97.6%

believe a background check should take place for the purchase of any kind of firearm; therefore,

it is reasonable to predict that legislation supporting universal background checks would result in

the population’s feeling safe in public environments and consequent endorsement of the law and

its implications (Appendix B).

Since this legislation, in agreement with 95.1% of people, calls for universal practices

during all gun sales, it will not prevent lawful citizens from obtaining a gun (Appendix B). Only

a half sheet of paper signifying the buyer has passed a federal background check and is allowed

to own a gun is additional to the normal procedures of a private party sale. The legislation will

require no further fees or waiting time to obtain a firearm and therefore effectively regulates the

private market without becoming a burden to law abiding citizens.

Law Enforcement

Hartford Police officer Edward Dailey recalls an instance in which his unit “[was]

tracking one handgun that was involved in... 12 shootings within the city of Hartford in one

year,” adding that if there had been some method of tracing the firearm through a private sale,
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perhaps the shootings could have been prevented (Dailey). Officer Dailey, a gun owner and

second amendment advocate himself, admits that he “[doesn’t] have a problem with someone at

a gun show or in a private sale saying, ‘If you're of age and you have proper ID, you can buy a

firearm after you pass a federal background check,’” as there is potential to reduce the quantity

of illegal weapons on the street and consequently the amount of police and citizen casualties by

the criminal use of firearms (Dailey). He agrees that it is essential to public safety that we set a

standard to enforce that gun violence is not acceptable; an expectation that new legislation will

establish. Further, legislation will abolish discrepancies between private and primary gun sales,

resulting in less complicated lawsuits and simpler sentencing of gun violence offenders.

Government

The proposed legislation does not require a drastic alteration to the current firearm

regulation procedures, as primary sales already must be processed with a federal background

check; the single difference is simply expanding legislation to a wider range of sales.

Additionally, this legislation will not yield outside expenses nor require any excess development

since the background checks will be universal, and and effective system of background checking

and firearm regulation is already in use.

Final Call to Action

In order to guarantee the safety of American citizens, decrease the criminal usage of

firearms, and quell mortality due to gun violence, it is essential that federal legislation be

implemented to expand the necessity of federal background checks to cover both primary and

secondary gun sales. If neglected, the private party loophole will continue to grow, and
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consequently, the criminal use of firearms in the U.S. will be substantially exacerbated. If trends

in private party sales continue, firearm mortality rates and the criminal use of firearms will

continue at alarming rates, putting the lives of millions of individuals at risk.


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Works Cited

Cole TB. Firearms Sales via “Gun Show Loophole” Thwart Efforts to Reduce Gun
Violence. ​JAMA.​2008;300(6):640–641.
https://jamanetwork-com.ezproxy.lib.uconn.edu/journals/jama/fullarticle/182373

Comp, Nathan J. "Guns for Everyone: Shows Set Low Bar for Who Can Get a
Lethal Weapon." ["Progressive"]. ​Progressive​, vol. 80, no. 4, Apr. 2016, pp. 19-23.
EBSCO​host,​search.ebscohost.com

Dailey, Edward. Personal Interview. February 18, 2018.

Everitt, Ladd and Erich Pratt. "Does the U.S. Need Tougher
Gun-Control Laws?." ​Junior Scholastic​, vol. 119, no. 9, 20 Feb. 2017, p.
22.EBSCO​host​,search.ebscohost.com

"The Gun-Show Loophole." ​Christian Science Monitor​, vol. 93, no. 108, 30 Apr.
2001, p. 8. EBSCO​host​,
ezproxy.lib.uconn.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db
=aph&AN=4380973&site=ehost-live.

Khalil, Umair. “Do More Guns Lead to More Crime? Understanding the Role of Illegal
Firearms.” ​Journal of Economic Behavior and Organization​, vol. 133, Jan. 2017.

Krause, Kirsten. Private Party Background Checks Survey. February 10, 2018

Miller, Matthew, et al. “Firearm Acquisition Without Background Checks: Results of a


National Survey.” Annals of International Medicine, American College of Psychiatrists,
2015, annals.org.ezproxy.lib.uconn.edu

Serpas, Ronal W. "Illegal Gun Crimes: A View from the Streets," ​Criminology & Public
Policy​ vol. 4, no. 4 (November 2005): p. 807-814.

Siegel, Michael, et al. "Firearm-Related Laws in All 50 US States, 1991-2016." ​American


Journal of Public Health​, vol. 107, no. 7, July 2017, pp. 1122-1129. EBSCO​host​,
doi:10.2105/AJPH.2017.303701.

Wintemute, Garen J., et al. “Private Party Gun Sale, Regulation, and Public
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Safety.” ​The New England Journal of Medicine​, 5 Aug. 2010,


www.nejm.org.ezproxy.lib.uconn.edu/doi/full/10.1056/NEJMp1006326.

Annotated Bibliography

Cole, Thomas B. Firearms Sales via “Gun Show Loophole” Thwart Efforts to Reduce Gun
Violence. ​JAMA.​2008;300(6):640–641.
https://jamanetwork-com.ezproxy.lib.uconn.edu/journals/jama/fullarticle/182373

Thomas B. Cole is the Senior Vice President and Publisher of the JAMA network, the
Journal of the American Medical Association which publishes peer reviewed medical
research pertaining to the biomedical sciences; including that of gun related incidences.
This source contains mostly qualitative data that details the extremes of the loopholes in
private sales, specifically at gun shows and across state borders. This source adequately
propels the argument at hand as it reveals the complicated network of firearm transfers
that allow ineligible persons to obtain firearms and reinforces the urgency that regulations
must be put in place to prevent further discrepancies.

Comp, Nathan J. "Guns for Everyone: Shows Set Low Bar for Who Can Get a
Lethal Weapon." ["Progressive"]. ​Progressive​, vol. 80, no. 4, Apr. 2016, pp. 19-23.
EBSCO​host,​search.ebscohost.com

Nathan J. Comp is an established reporter based in Madison, Wisconsin who has been
recognized for his research and reporting by the Wisconsin Newspaper Association, the
National Scholastic Press, Milwaukee Press Club, and the Wisconsin Council of Child
and Adult Psychology. This source contains a balance of both quantitative and qualitative
data, detailing the lack of regulation of firearm sales in the private market, specifically at
gun shows, and the resulting consequences of the “gun show loophole.” For the purposes
of this proposal, a greater portion of qualitative data detailing the dangers of lack of
regulation was incorporated into the argument at hand, reinforcing the sense of urgency
that something must be done to close the loophole in gun sales.

Dailey, Edward. Personal Interview. February 18, 2018.

Officer Dailey has been police officer in the town of Hartford for 24 years and has
experienced, witnessed and responded to gun violence firsthand. Alongside his profession
in law enforcement, Officer Daily is a private owner of firearms himself, providing him
with a greater understanding of firearm use and ownership as both a police officer and a
law abiding citizen.

Everitt, Ladd and Erich Pratt. "Does the U.S. Need Tougher
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Gun-Control Laws?." ​Junior Scholastic​, vol. 119, no. 9, 20 Feb. 2017, p.


22.EBSCO​host​,search.ebscohost.com

Ladd Everitt has a Masters degree in U.S. Foreign Policy and is currently the director of
One Pulse for America, a gun violence prevention group founded in 2016. Prior to his
position with One Pulse, Everitt has served as the Director of Communications of the
Coalition to Stop Gun Violence, president of the Million Mom March D.C. chapter, and
has volunteered with the D.C. Crisis Response Team providing support and relief to
homicide survivors. Erich Prattis the Executive Director for Gun Owners of America
(GOA), a national organization that represents millions of Americans dedicated to
promoting and protecting their Second Amendment rights. Pratt is also the author of a
civil government text book, ​The Constitutional Recipe for Freedom, ​as well as the book,
Bearing Arms: Our Rights, Our Duties, & Our Freedoms.​ This source contains mostly
qualitative data, consisting of opposing opinions of experts in the issue of firearms in
America, specifically the most significant positives and negatives of our Second
Amendment rights. Because of the diverse viewpoints this source reveals, it adequately
propels the argument at hand.

"The Gun-Show Loophole." ​Christian Science Monitor​, vol. 93, no. 108, 30 Apr.
2001, p. 8. EBSCO​host​,
ezproxy.lib.uconn.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db
=aph&AN=4380973&site=ehost-live.

The Christian Science Monitor is an organization that has been practicing monitor
journalism for over 100 years, covering a broad range of current issues and popular
topics. For the purposes of this proposal, information regarding the “gun show loophole”
was selected from the journal and used to expose the alarming facts about the ease a
criminal or convicted felon has in obtaining a firearm through the private market,
specifically at a gun show. This source contains mostly qualitative data, and adequately
propels the argument at hand by revealing the magnitude of the loophole despite the
complexity of our nation’s current gun control laws.

Khalil, Umair. “Do More Guns Lead to More Crime? Understanding the Role of Illegal
Firearms.” ​Journal of Economic Behavior and Organization​, vol. 133, Jan. 2017.

Umair Khalil is an econometrics instructor at the University of Rochester, as well as a


visiting assistant professor at West Virginia University in statistics, intermediate
macroeconomics, and principles of microeconomics. On top of his teaching interests,
Khalil is an avid researcher and has published multiple peer-reviewed research studies for
the Journal of Economic Behavior and Organization, the Journal of Econometrics, and
the Journal of Economic Development and Cultural Change. He also has multiple papers
under review or in the works pertaining to socioeconomic issues such as healthcare, gun
violence, and voting behavior. This source contains heavy amounts of both quantitative
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and qualitative data pertaining to the origin and movement of firearms throughout the
country, however for the purposes of this proposal, quantitative data specific to the
percentage of Americans who purchased a firearm through the secondary market and/or
without a background check was selected. This source adequately propels the argument at
hand as it reveals the true magnitude of the quantities of firearms moving throughout the
United States through unregulated private parties.

Krause, Kirsten. Private Party Background Checks Survey. February 10, 2018.

This anonymous survey was conducted from February 10th to 20th in Coventry High
School, yielding a sample size of 41 students. Since the majority of individuals reported
to have had some sort of experience with a firearm, it can be inferred that although a
small sample size, the knowledge of the audience is not extremely limited. Important
background knowledge was also presented at the beginning of the survey to ensure the
audience’s understanding of the topic and to further prevent bias in the data.

Miller, Matthew, et al. “Firearm Acquisition Without Background Checks: Results of a


National Survey.” Annals of International Medicine, American College of Psychiatrists,
2015, annals.org.ezproxy.lib.uconn.edu

Doctor Matthew Miller is an expert in injury and violence prevention, currently teaching
research methods at Northeastern University where he is a professor of Health Sciences
and Epidemiology. Dr. Miller is also Adjunct Professor of Epidemiology at the Harvard
School of Public Health, and Co-Director of the Harvard injury control Research Center.
This source contains mostly quantitative data that reflects the results of a national survey
that assessed recent firearm purchases and the commodity of background checks. For the
purposes of this proposal, data specifically pertaining to the quantities of firearms
purchased through private parties in the absence of background checks was used. This
source adequately propels the argument at hand as it reveals the copious amounts of
firearms sold without the buyer passing a background check.

Serpas, Ronal W. "Illegal Gun Crimes: A View from the Streets," ​Criminology & Public
Policy​ vol. 4, no. 4 (November 2005): p. 807-814.

Doctor Ronal W. Serpas is currently working as a professor of Criminology and Justice at


Loyola University after retiring from a 34-year career in law enforcement. During his
years as an officer, Dr. Serpas served as the police superintendent in New Orleans, police
chief in Nashville, and Chief of the Washington State Patrol. He is also the past vice
president of the International Association of Chiefs of Police (IACP), holds many
positions on sub committees of the IACP, and and is the founding Co-Chair of Law
Enforcement Leaders to Reduce Crime and Incarceration. Serpas has published over 10
articles pertaining to health, law enforcement, and public safety. This source contains
primarily qualitative data pertaining to strategies that have the potential to reduce the
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quantity of criminal firearms on the streets and the results of such an overabundance of
firearms sold without the seller first passing a background check. For the purposes of this
proposal, quantitative data pertaining to the amount of firearms sold through private
markets was used. This source adequately propels the argument at hand as it amplifies the
magnitude of the problem that has resulted from such a great quantity of firearms being
sold through private parties in the absence of background checks.

Siegel, Michael, et al. "Firearm-Related Laws in All 50 US States, 1991-2016." ​American


Journal of Public Health​, vol. 107, no. 7, July 2017, pp. 1122-1129. EBSCO​host​,
doi:10.2105/AJPH.2017.303701.

Doctor Michael Siegel is a physician and current professor of Community Health


Sciences at Boston University’s school of Public Health. Siegel has also studied
epidemiology at the Centers for Disease Control and Prevention (CDC) and co-authored a
the book ​Marketing Public Health: Strategies to Promote Social Change. ​This source
contains primarily qualitative data detailing the laws regarding firearms that are currently
enacted in each state. For the purposes of this proposal, data pertaining to regulations of
private party sales in different states was used. This source adequately propels the
argument at hand as the data can be used in comparison with firearm mortality rates from
the criminal use of firearms to portray the effects of unregulated private party sales.

Wintemute, Garen J., et al. “Private Party Gun Sale, Regulation, and Public
Safety.” ​The New England Journal of Medicine​, 5 Aug. 2010,
www.nejm.org.ezproxy.lib.uconn.edu/doi/full/10.1056/NEJMp1006326.

Garen J. Wintemute is the director of the Violence Prevention Research Program at the
University of California Davis Medical Center where he is also an emergency medicine
physician. Wintemute often conducts research focused in the fields of injury
epidemiology and the prevention of firearm violence. In August of 2016, he began his
leadership role at the University of California Firearm Violence Research Center, the first
state-funded gun violence research center in the country. This source contains about
equal portions of quantitative and qualitative data pertaining to details regarding the
private party sales of firearms, background checks, criminal use of firearms, and the
results of poor regulation of private party sales. For the purposes of this proposal, data
pertaining to the flow of firearms through the private market was used. This source
adequately propels the argument at hand as it reveals the discrepancies between the
private and primary firearm markets and the results of such differences.
Krause 20

Appendix A

Survey Questions

Introduction & Goal: The intent of this survey is to determine the extent to which students of
CHS agree or disagree with statements regarding the purchase of firearms through various
parties. The results of this survey will be used to support a 10-15 page AP English 12 research
proposal pertaining to private party background checks on firearm sales. The results of this
survey are anonymous.

Primary Market Sale:​ the sale of a firearm through a company or individual that holds a federal
firearm license (FFL); background checks are REQUIRED for the purchase to take place

Private Party Sale:​ a sale that occurs between parties that do not hold federal firearms licenses,
including gun shows, online, and between individuals; background checks are NOT required and
the purchase can take place without one

1. Do you have any personal experience with firearms? CHECK ALL THAT APPLY.
a. Shooting (target, skeet, competition, etc.)
b. Hunting
c. Safety Course
d. Training/Permit Class
e. My family owns guns/Gun in the house
f. None
g. Other (please describe)

Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree:

2. Anyone looking to purchase a firearm should be required to undergo a background check.


3. Background checks should take place for the private purchase of ANY KIND of firearm.
4. Background checks on private sales should be equally as extensive as background checks
on primary sales.
5. The implications of background checks for both primary and private party sales should be
universal.
6. Background checks on private sales are too invasive.
7. If someone is seeking a gun through a private sale, they must be avoiding the law.
8. Sales that occur at gun shows should be processed through federally licensed firearm
retailers (FFL dealers) to make the process easier.
9. There is no way to regulate all private party sales.
10. Criminal use of firearms is a growing and prevalent problem today.
Krause 21

Survey Results

Krause, Kirsten. Private Party Background Checks Survey. February 10, 2018.

This graph depicts the distribution of personal firearm experiences of individuals at Coventry
High School.

This pie chart depicts the distribution of the extent of which students at Coventry High School
agree or disagree with the statement, “Criminal use of firearms is a growing and prevalent
problem today.”
Krause 22

This pie chart depicts the distribution of the extent of which students at Coventry High School
agree or disagree with the statement, “Anyone looking to purchase a firearm should be required
to undergo a background check.”

This pie chart depicts the distribution of the extent of which students at Coventry High School
agree or disagree with the statement, “Background checks should take place for the private
purchase of ANY KIND of firearm.”
Krause 23

This pie chart depicts the distribution of the extent of which students at Coventry High School
agree or disagree with the statement, “The implications of background checks for both primary
and private party sales should be universal.”
Krause 24

Appendix B

Interview Questions: Hartford Police Officer Edward Dailey

1. What has your personal experience in law enforcement been like thus far?

2. As a police officer, how would you describe criminal firearm use in our state?

3. Are there trends in where/who you see using guns criminally? (i.e. specific demographic,
people who already have a criminal record, specific region of the state, etc.)

4. From your experience, are many guns used criminally obtained through private parties?
Legally or illegally?

5. Connecticut is one of only 18 states with laws that regulate private sales; do you think if
you were an officer in a different state with different laws than Connecticut, you might
notice a difference in the amount of criminal firearm use?
a. Why?

6. Do you think universal regulation of private party firearm sales has the potential to bring
down the criminal use of firearms?

7. To your knowledge, do our police departments collaborate with The Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF)?
a. To what extent?

8. Have you ever been involved in an instance where firearms were seized?
a. If yes, how were those firearms obtained by the perpetrators? (Legally/illegally,
private party/primary market, etc.)

Interview Transcript

KK:​ So to start us off could you talk a little bit about your background and experience and some
things that have stood out to you so far?

ED: ​Uhm, I was a policeman in Hartford for 20 years, I retired as the rank of Lieutenant, and I’m
currently working for the state of Connecticut as a DMV inspector slash policeman. In my
experience in Hartford, I saw a lot of gun violence, almost on a daily basis, mostly involving
people involved in the drug trade. Uhm, now my sense on that matter is generally the people we
arrested for shootings, robberies, and gun related crimes were already convicted felons, so they
were already in possession of a handgun or firearm that they were illegally possessing. So a
majority of the guns that came in through hartford were either stolen, possessed by a convicted
felon, or lawfully owned guns at one point but then somehow ended up in a criminals’ hands.
Uhm I remember one time we were tracking one handgun that was involved in like 12 shootings
Krause 25

within the city of hartford in one year. I think the main problem in Connecticut is that we don’t
enforce the laws that are currently on the books. Meaning, uhm, as far as I’m concerned I believe
that if you’re caught with a gun crime or a gun crime violation, there should be no time off for
good behavior, I think we need to set the standard that gun violence is not acceptable and if
you're caught committing a gun crime you will do the state mandated time. I don’t think we need
more or more restrictive gun laws, I think we need to enforce the gun laws that are on the books.

KK:​ Okay, so going off of what you just said, in my research I have found that some states, like
Connecticut, have laws in place already that have the intention to closely regulate private party
sales to prevent criminal firearm use, and other states don’t, and those states that don’t regulate
sales as closely as we do have much higher firearm mortality rates. So just based off of what you
know about our laws and maybe other states’ laws, do think that if you had been a police officer
in another state that had laws that were different from here you would see a change in gun
violence or the criminal use of firearms?

ED: ​So as a policeman I would rather see the criminals getting fully prosecuted and leave the
lawful citizens alone, in my opinion. You can have super strict gun laws, like if I'm not mistaken,
Chicago has a total ban on all firearms. And they have one of the highest gun mortality rates in
the country like 300 gun related homicides this year. There’s a total gun ban there meaning that
even a retired policeman can no longer own guns. New York City also has a total ban on guns as
well, and they have a substantial amount of gun violence. So, uhm, you look at the extremes, like
Chicago and New York, and there should theoretically be no gun violence, but like Chicago is up
to what, 300 gun related homicides so far? So, that means that if you’re even caught with a gun
that’s a crime. Even if you’re a lawful citizen. So I think what we have to do is we have to look
at each case individually and if its a gun crime violation and the law says 5 years then youre
gonna do 5 years. I think that once you're convicted and once the jury has made the decision that
you’re convicted of this gun crime that we’ll see you in 5 years. Part of the problem with
Connecticut and other states with similar laws is that we appear to be hard on gun violence
crimes, but once someone is convicted and sent to prison, their 5 year sentence is then turned
into 6 months.

KK:​ So you think we need to kinda put our foot down on what our laws say?

ED: ​On our convicted felons yes.

KK:​ Okay, so do you think that if all states, Connecticut included, were more strict about
regulations on private sales that firearm mortality rates by the criminal use of guns could
potentially be decreased?

ED:​ Uhm, I am concerned with such strict regulations that they’re making good citizens into
criminals. But I don’t have a problem with someone at a gun show or in a private sale saying if
you're of age and you have proper ID you can buy a firearm after you pass a federal background
check. I don’t have a problem with the universal background checks for every sale and transfer.
So I think the best way that we could strictly enforce things is that if you're caught and
convicted, you go to jail and you don’t come out for good behavior. No exceptions. There are
Krause 26

certain people we’ve arrested for illegal possession or felon with a firearm 3 or 4 times and it's
the same guy. Why is he still doing it? He’s still doing it because he’s only getting a slap on the
wrist. So instead of a slap on the wrist, why not do 15 years? So I think that that's where we
should go.

KK:​ Okay, I think you mentioned this before but if you could just elaborate on it a little bit, this
is the last question I have, have you ever been involved in an instance where you had to seize a
firearm from somebody, and if yes, which I’m assuming you have, do you know how that
firearm was attained by that specific perpetrator?

ED:​ In Hartford personally I’ve made a lot of arrests involving bad guys and guns. And it seems
to me like it was a revolving door, always the same couple of guys… I remember one time I was
training 2 junior officers, and I brought them to a dangerous area of the city and we were
discussing about safety and how to do things because they were fresh out of the police academy
and uhm, as I’m talking to them, a 17 year old kid walks by holding a backpack like he was
going to school, during hours where school would have been in session and he was clearly not in
school, and his backpack had lifted up his shirt and I could see that he had a handgun sticking in
the back of his pants. And uhm, I know that you have to be 21 years old to have a pistol permit
that says you can own a handgun in Connecticut, and he was clearly only 16-17 years old, so
there was no lawfulway or reason for him to be carrying a handgun. So I stopped him, detained
him, and arrested him for possession of a firearm. He was a 17 year old convicted felon who had
about 800 bags of heroin on him, and about $7,000 in cash and an illegal firearm. He went to jail
for only 3 years when he should have been there for about 20. So the problem is that some point
we need to realize that we’re getting criminals that are arrested over and over again, so for him to
already have been a 17 year old felon, meaning he had been arrested a few times before, and
found guilty of multiple crimes, and as a convicted felon you cannot own or possess even a
single bullet, let alone a loaded handgun, but he only did 3 years out of a 17 year sentence. So for
me, I think that we need to do a better job enforcing the laws that are on the books.

KK:​ So in conclusion, you believe that we have adequate laws here in Connecticut to regulate
private sales and keep people safe, but that we need to be more strict about enforcing them.

ED: ​Yes, and I think we also should be more proactive about gun violence and individuals who
may be dangerous, looking into if they should be legally allowed to possess firearms. Mainly just
enforcing the laws we have on the books and being more careful in regards to people who may
be dangerous.
Krause 27

Appendix C

Wintemute, Garen J., et al. “Private Party Gun Sale, Regulation, and Public
Safety.” ​The New England Journal of Medicine​, 5 Aug. 2010,
www.nejm.org.ezproxy.lib.uconn.edu/doi/full/10.1056/NEJMp1006326.

This image depicts the distribution of various laws regarding the regulation of private party
firearm sales throughout the United States. The regulations range from covering all firearms, to
specific types of firearms bought at specific places, to no firearms at all. In comparison to
firearm mortality rates from state to state, as depicted in Appendix D, it reveals correlation
between the extent of private sale regulation and the quantity of firearm deaths, intensifying the
need for implementation of federal law.
Krause 28

Appendix D

“National Center for Health Statistics.” ​Centers for Disease Control and Prevention​, Centers for
Disease Control and Prevention, 10 Jan. 2018,
www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm.

This image illustrates the variations in firearm mortality rates throughout the United States,
specifically from the year 2016. The data that makes up the mortality rates does not include gun
related suicides or hunting/shooting accidents, focusing strictly on deaths as a result of criminal
firearm use. In comparison to private party sale regulations from state to state, as depicted in
Appendix C, it reveals correlation between the extent of private sale regulation and the quantity
of firearm deaths, intensifying the need for implementation of federal law.
Krause 29

Appendix E

Connecticut Firearm Bill of Sale | Form DPS-3-C​. Jan. 2018,


eforms.com/bill-of-sale/ct/connecticut-firearm-bill-of-sale-form-dps-3-c/.

This image depicts a “Sale or Transfer of All Firearms” form that will be used to regulate and
keep record of private party sales following the implementation of federal law to create an easy
system of filing and legalizing private party sales.
Krause 30

Appendix F

This image depicts the plan of action for goal number one of the “Goals and Objectives” section
of the proposal, noting each necessary step in chronological order from left to right.
Krause 31

Appendix G

This image depicts the plan of action for goal number two of the “Goals and Objectives” section
of this proposal, noting each necessary step in chronological order from left to right.

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