Author: Ava Pakosta
September 26, 2024
Introduction
As of September 2024, there have already been around 15,000 deaths due to gun violence in the United States. Last year, this number reached up to more than 40,000. Far too many people have been injured or lost their lives to the gun violence epidemic in America. The situation has become so severe that it is now considered a human rights concern.
According to Amnesty International, gun violence can be defined as “violence committed with firearms, such as handguns, shotguns, or semi-automatic rifles.” Although mass shootings may dominate media coverage and public interest, they only make up 1% of all gun violence in America. Most gun-related deaths are either suicides or homicides, followed by police shootings and unintentional shootings.
Who is Affected by Gun Violence?
People of color, specifically Black Americans, are disproportionately affected by the U.S. gun violence crisis. Despite only accounting for 14% of the population, Black Americans account for around 60% of those killed by firearm homicide each year. Black males and youth are at an even higher risk of becoming victims of gun violence, with men being victims in roughly half of all gun homicides in the country, and Black children being ten times more likely than White children to die from gun homicides. Stand Your Ground (SYG) laws exacerbate this issue. These self-defense laws are in force in 28 states and are often used as a justification by defendants in criminal cases for killing someone if they had perceived them as a threat. Studies have found that a killing is 281% more likely to be justified under a SYG law when the attacker is White and the victim is Black. This discriminatory application of the law within the criminal justice system grants immunity to White individuals who have caused the death of a Black or other non-White individual. Despite the discriminatory practices and high number of Black American gun violence victims in the U.S., there is not enough coverage in the media or legislative results for them, potentially due to the National Rifle Association’s (NRA) influence in U.S. politics.
In addition to minority communities, the youth in America are also disproportionately affected by gun violence. Firearms are the leading cause of death for children and teens in the United States. Every year, approximately three million adolescents are exposed to gun violence. Out of these three million, more than 20,000 are directly affected, meaning they were shot and killed or injured due to firearms. Many of these firearm-related injuries and deaths take place in the one place children and teens should be safe: schools. In April of 1999, two students shot and killed twelve of their peers and teachers. Twenty-four others were wounded in the shooting. This tragic incident at Columbine High School in Denver, CO was the first mass school shooting in the U.S. and marked a turning point in conversations regarding gun control. In the years following Columbine, the frequency of school shootings increased dramatically. Post-Columbine, Americans were forced to confront the fact that gun violence in school was becoming a serious problem, and something had to be done about it. Today, the issue has still not been resolved, and the number of school shootings has skyrocketed in recent years.
Lastly, women are also disproportionately affected by gun violence. Intimate partner violence and gun violence are deeply interconnected. When an abusive intimate partner can access a firearm, a domestic violence victim is five times more likely to be killed. Gifford Law Center states that in the U.S., more than 600 women are shot and killed by intimate partners every year. This means that roughly one woman is shot to death every 14 hours. Women of color are more likely to be victims of intimate partner violence. American Indian and Black women are shot and killed by their intimate partners at two to three times the rate of White women. Passing laws that prevent those with histories of domestic violence and abuse from accessing firearms can save the lives of women across the country. States that have restricted individuals with active domestic violence restraining orders from accessing firearms have seen a 13% reduction in intimate partner homicides involving firearms.
Causes of Gun Violence
One of the root causes of gun violence in the U.S. is gun industry sales and distribution. Although guns are legal consumer products, an illegal secondary market exists that allows guns to fall into the hands of those who are not legally permitted to use them. One of the most common types of gun trafficking is a “straw purchase” when a person acts as a buyer of a firearm with the underlying intention of giving it to someone else. Giving guns to those who want to avoid background checks can be extremely dangerous, as they often plan to harm others.
According to a combination of data from the National Crime Victimization Survey, reports from law enforcement, and surveys of individual gun owners, between 200,000 and 500,000 guns are stolen from private owners each year. These stolen guns are very likely to circulate in the illegal secondary market or end up in the hands of a prohibited purchaser, just like those obtained from straw purchases. When stolen guns and guns that have passed through the illegal market are recovered by law enforcement, they are often linked to violent crime. In many ways, guns are regulated less than any other product in America, yet they are the most dangerous product available to the public.
The History of Gun Control Laws in America
The history of gun-related laws in the United States is a lengthy and complex one. There have been thousands of gun control laws passed by the U.S. government on the federal, local, and state levels throughout the years. The first was the ratification of the Second Amendment to the Constitution in 1791 which gave American citizens the right to bear arms. The Second Amendment has been the foundation for countless debates on gun rights, but it wasn’t until the assassination of President John F. Kennedy in 1963 that gun control became a much bigger topic. Just five years after his death, the Gun Control Act of 1968 was passed with the main purpose of excluding those who were convicted of a non-business related felony, mentally incompetent, or a drug user from purchasing firearms. Another significant piece of gun control legislation was the Brady Handgun Violence Prevention Act of 1994, which imposed a five-day waiting period on the purchase of a handgun and required federal background checks for all individuals purchasing firearms from licensed dealers. However, those who wanted to avoid these background checks could still purchase from private dealers. In addition to the Brady Act, a Federal Assault Weapons Ban was enacted in 1994, but Congress allowed it to expire just ten years later. Since then, AR-15-style assault rifles have been used by gunmen in dozens of mass shootings. These types of weapons are particularly dangerous, as they can fire 45 rounds per minute and can cause fatal wounds. Firearms modified by “bump stocks,” which make the weapon almost as deadly as an AR-15, were banned in 2018 after the mass shooting in Las Vegas in 2017, but the Supreme Court struck down the bump stock ban in June of this year.
The federal government’s resistance to passing and enforcing gun control legislation may be encouraged by the NRA, a powerful political organization in the U.S. that lobbies against all forms of gun control. They believe that guns make the country safer, and they directly support and fund U.S. politicians and lawmakers who agree with this claim. It is estimated that there are somewhere between three and five million NRA members, and there is a substantial budget directed towards lobbying and funding pro-gun election candidates. Therefore, the NRA can influence U.S. politics in a way that does not favor victims of gun violence and stricter gun control laws for those victims.
A more recent piece of gun control legislation is the Bipartisan Safer Communities Act, which was passed in 2022 by President Joe Biden in the aftermath of the third-deadliest school shooting in U.S. history. This act closed loopholes in previous gun laws by further defining a “licensed dealer” and has implemented new gun violence prevention policies. It has done more for gun violence prevention than any federal legislation has in almost thirty years. Additionally, the first-ever White House Office of Gun Violence Prevention was established just last year.
Although it might not seem like it, the efforts to stop gun violence in the U.S. have truly brought about significant change. With each piece of legislation passed, the future of gun safety in America becomes a little brighter. However, there is always still more work to be done.
The Connection Between Gun Violence and Human Rights
“Our human rights are not protected if our leaders fail to tackle and end the epidemic of gun violence and gun deaths.” - Amnesty International
The U.S. gun violence crisis is a human rights crisis. As human beings, international law states that we have the right to life. This jus cogens right is non-derogable and essential to the enjoyment of all other rights. The United States is bound by international law and therefore must protect the right to life for all Americans. People of color have the right to live without the constant fear of being shot and killed for no reason other than the color of their skin. Students have the right to learn in a classroom without the fear of becoming the next victim of a mass shooting. Women have the right to live in an environment that is safe from the potential harm caused by guns. In 2016, the UN High Commissioner for Human Rights stated that “given the potential harm and devastating impact of the misuse of firearms on the enjoyment of human rights, public policies with respect to civilian access to firearms should be reviewed and formulated through a human rights lens.” The issue of gun violence in the United States has become so severe that it violates at least ten separate categories of international human rights:
The Right to Life
The Right to Security of Person
The Right to Health
The Right to be Free from Ill-Treatment
The Right to be Free from Racial Discrimination
The Right to Gender Equality
Freedom of Religion, Expression, Opinion, and Belief
The Right to Peaceful Assembly and Association
Special Protection for Children and the Right to Education
The Right to Participate in the Cultural Life of the Community
Ten years ago, the Human Rights Committee acknowledged that gun violence violates the right to life and directed the United States to take “all necessary measures to abide by its obligation to protect the right to life.” Yet ten years later, there is no legislation requiring background checks for all private firearm transfers or any renewal of the expired ban on assault weapons. If the American government can pass strict laws to reduce deaths from motor vehicles and cigarettes, then they can pass laws to reduce deaths from gun violence, too. Failing to do so is a violation of our human rights.
Possible Solutions and Prevention Strategies
There are many debates about ways in which the United States can reduce the number of deaths caused by gun violence. The most common is implementing stricter gun control laws. Other countries have seen reductions in gun-related incidents by changing their laws. For example, after the Port Arthur Massacre that took place in 1996, the Australian government enacted the National Firearms Agreement (NFA). The NFA restricted legal ownership of firearms in Australia through the establishment of a firearm registry, the requirement of a permit for all firearm purchases, and the creation of a buyback program. This resulted in a decrease in gun-related deaths in Australia by more than 50%. There have been no mass shootings in the country for the past 20 years. Additionally, Japan has the strictest gun control laws in the world and a rate of gun violence close to zero. If the U.S. federal government were to adopt stricter gun control laws, such as the requirement of a universal background check, there is a likely chance that the gun death rate would decrease just as it did in other countries. In the meantime, state policymakers should protect their residents by enacting laws that tie up loopholes. Everytown for Gun Safety released a report earlier this year that compared the strength of gun laws with the rate of gun violence in every U.S. state. They concluded that around 300,000 lives could be saved in the next decade if every state had the gun death rates of the national leaders in gun safety, which include California, New York, Illinois, Connecticut, Massachusetts, Hawaii, New Jersey, and Maryland.
Looking for warning signs and intervening early on is an effective way in which gun violence can be prevented. There are approximately 14 million adults in the U.S. suffering from serious mental illnesses. It is a common misconception that these individuals are dangerous and are at high risk of harming others. However, this is not always true. Many individuals who have been diagnosed with a mental illness pose no risk at all, as they do not have access to firearms. Even if they do have access to firearms, they still pose a lesser risk than those with untreated social, emotional, and behavioral difficulties. Before the Uvalde, Texas shooting at Robb Elementary School in 2022, the shooter had displayed clear warning signs such as depression and suicidal thoughts, concerning online activity, attempts to purchase guns while under the legal age, and more.
However, identifying warning signs is only the first step. In the case of the Uvalde shooter, there were no tools in place that could remove the firearms he had legally purchased from his possession. With Extreme Risk Protection Order (ERPO), or “red flag” laws, law enforcement or even family members can obtain a judicial order claiming that a person is “a danger to themselves or others and should temporarily lose the ability to purchase and possess firearms.” Under these laws, the shooter in Uvalde could have had his firearms removed from his possession. Currently, 21 states and Washington, D.C. have enacted red flag laws. Texas is still not one of these states. These laws are an effective way to prevent gun violence but would be more effective if authorized at a federal level. Additionally, law enforcement should work with mental health professionals to evaluate the behavior of the person in question and determine the risk. There may not always be enough evidence for an arrest, but an intervention of some kind is necessary in situations where an individual is exhibiting a desire to cause harm to others.
Safe storage laws are another way to keep guns out of the hands of those who should not have access to them. Under safe storage laws, gun owners are required to store their firearms in a safe manner. This can include storing the firearms in a firearm safe, storing the firearms and ammunition separately, equipping the gun with a tamper-resistant mechanical device, and more. Federal law does not currently require gun owners to adhere to safe storage laws. However, 27 states and Washington, D.C. have enacted some form of safe storage or access prevention laws.
Safe storage laws can prevent tragic incidents that could occur from children playing with a firearm unsupervised. They can also help prevent mass shootings in which the shooter does not purchase their own gun but instead uses someone else’s. Around 75% of firearms used in gun-related incidents at schools were taken from the home, a friend, or a relative. Safe storage laws can prevent adolescents from using guns that were purchased by their parents to harm others. In 2021, Ethan Crumbley used a gun bought by his parents to kill four students and injure seven others at Oxford High School in Michigan. His parents were charged with involuntary manslaughter and sentenced to a minimum of ten years in prison for failing to prevent their son from shooting his peers. If James and Jennifer Crumbley had safely stored their firearms and gotten their son the help that he needed when the first warning sign appeared, things might have turned out differently, and lives could have been saved.
Lastly, prioritizing informed discussions and community engagement is crucial to developing successful gun violence prevention strategies and policies. Educating the public about common misconceptions and providing them with evidence-based information on firearm use can spread awareness and shape public opinion. Additionally, it is important for policymakers to engage with local communities to develop context-specific solutions. Community Violence Intervention (CVI) programs are proven to be effective at reducing rates of gun violence, especially for Black and Brown communities. After New York City implemented two CVI programs in the Bronx and Brooklyn, each saw a 37% and 50% reduction in gun-related injuries. Stricter firearm regulations paired with CVI programs could make a real difference for Black communities plagued by gun violence. These two approaches greatly increase the chance of developing successful gun control measures.
Conclusion
Today, significant progress toward lower levels of gun violence in the U.S. has been made. As of June 2024, there has been a 12.5% decline in gun violence victimizations compared to 2023. Yet gun victimizations are still higher than they were before the 2020 pandemic. In a perfect world, the number of gun violence victims would be zero. This number might not ever be reachable, but we must try to lower the number of gun victimizations as much as possible. Eliminating violence itself is impossible–there will always be arguments that turn physical. But when guns enter the picture, fatality rates soar. Guns intensify violence. They can take a bad situation and make it deadly. People in America deserve to walk down the street, to attend school, to worship at church, to even just go to the theater and watch a movie without the fear of getting shot. If we can’t do these things freely, then our rights are being violated. Together, we must do everything in our power to fight against gun violence in America and protect our most precious right: the right to life.
Glossary
AR-15 Assault Style Rifle: a lightweight semi-automatic rifle based on or similar to the Colt AR-15 design.
Bump stocks: a device that can be attached to a semiautomatic firearm in place of a conventional gunstock, enabling it to fire bullets more rapidly.
Community Violence Intervention (CVI) programs: evidence-based, public health initiatives that work with and within communities — especially systematically underserved and under-resourced Black and Brown communities — to address the root causes of conflict and trauma.
Extreme Risk Protection Order (ERPO) or “Red flag” laws: laws that allow the police or even family members the ability to obtain a judicial order claiming that a person is “a danger to themselves or others and should temporarily lose the ability to purchase and possess firearms.”
Gun buyback programs: programs in which gun owners can trade their firearms to government entities (typically law enforcement) in return for compensation.
Intimate partner violence (IPV): physical, sexual, emotional, and economic abuse, as well as stalking by a current or former intimate partner.
jus cogens: rights that are absolute and cannot be suspended by a state under any circumstances.
Mass shooting: an event with a minimum of four victims shot, either injured or killed, not including any shooter who may also have been killed or injured in the incident.
Non-derogable rights: rights that may not be restricted or violated under any circumstances, including during times of emergency or war.
Safe storage laws: laws that require gun owners to make a reasonable effort to keep guns out of the hands of children and other prohibited persons.
Stand Your Ground (SYG) laws: a type of self-defense law that allows the use of deadly force when a person has the reasonable belief that they are in imminent danger.
Straw purchase: the illegal purchase of a gun by an individual, a “straw buyer,” on behalf of such a person.
The National Rifle Association (NRA): an advocacy group based in the United States committed to preserving the gun rights of all law-abiding individuals.
Universal background check: requires background checks for all firearm purchases regardless of whether the dealer is licensed or not.
Warning signs: behaviors that may indicate a person is on the path to violence.
References
Akpuokwe, C. U., Adeniyi, A. O., Eneh, N. E., & Bakare, S. S. (2024, March 8). Gun Control Laws in the USA: A Comparative Global Review. International Journal of Applied Research in Social Sciences. https://doi.org/10.51594/ijarss.v6i3.853
Alfonseca, K. (2023, November 5). How Mass Shootings Have Historically Prompted Changes in Gun Laws. ABC News. https://abcnews.go.com/US/mass-shootings-historically-prompted-gun-laws/story?id=104382663
BBC. (2023, April 13). US Gun Control: What is the NRA and why is it so powerful?. BBC News. https://www.bbc.com/news/world-us-canada-35261394
El-Bawab, N. (2022, July 20). Ulvade Shooter Exhibited “Almost Every Warning Sign,” Expert Says. ABC News. https://abcnews.go.com/US/uvalde-shooter-exhibited-warning-sign-expert/story?id=87064502
Hall, C. (2024, June 11). Early 2024 Data Show Promising Signs of Another Historic Decline in Gun Violence. Center for American Progress. https://www.americanprogress.org/article/early-2024-data-show-promising-signs-of-another-historic-decline-in-gun-violence/#:~:text=Yet%20unfortunately%2C%20even%20with%20the,were%204%2C333%20total%20gun%20homicides
Kim, J., & Nicols, C. (2022). America's Gun Violence Epidemic: A Colossal, but Correctable, System Failure. NYU Ann. Surv. Am. L., 77, 199. https://heinonline.org/HOL/LandingPage?handle=hein.journals/annam77&div=11&id=&page=
Longley, R. (2023, January 8). Timeline of Gun Control in the United States. ThoughtCo. https://www.thoughtco.com/us-gun-control-timeline-3963620
McLively, M. (2019). Gun Violence Prevention 2.0: A New Framework for Addressing America’s Enduring Epidemic, 60 Wash. U. J. L. & Pol’y 235, https://openscholarship.wustl.edu/law_journal_law_policy/vol60/iss1/14
Sadat, L. N., & George, M. M. (2019, October 1). Gun Violence and Human Rights. HeinOnline. https://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fwajlp60&div=4&id=&page=
Sadat, L. N., & George, M. M. (2019, January 18). The U.S. Gun Violence Crisis: Human Rights Perspectives and Remedies. Washington University in St. Louis Legal Studies Research Paper No. 19-01-11. https://ssrn.com/abstract=3317143
Swanson, J. W., & Rosenberg, M. L. (2023). American Gun Violence & Mental Illness: Reducing Risk, Restoring Health, Respecting Rights & Reviving Communities. Daedalus 152 (4): 45–74. https://doi.org/10.1162/daed_a_02031
White, E. (2024, April 9). Michigan School Shooter’s Parents Sentenced to 10 Years in Prison for Not Stopping a “Runaway Train.” AP News. https://apnews.com/article/james-crumbley-jennifer-crumbley-oxford-school-shooting-e5888f615c76c3b26153c34dc36d5436
Wilson, N., Hall, C., & Jordan, A. (2023, August 10). The Bipartisan Safer Communities Act, 1 Year Later. Center for American Progress. https://www.americanprogress.org/article/the-bipartisan-safer-communities-act-1-year-later/