Date: Fri, 10 Jan 1997 23:13:01 -0500 (EST) From: [d--y] at [adrian.adrian.edu] To: Multiple recipients of list <[n--b--n] at [mainstream.net]> Subject: KIDSGUNS.TXT CHILDREN AND GUNS The NRA's Perception of the Problem and Its Policy Implications by PAUL H. BLACKMAN, Ph.D. Research Coordinator Institute for Legislative Action National Rifle Association 1994 A paper presented at the annual meetings of the American Society of Criminology Miami, Florida, November 9-12 Introduction: Problem or Excuse? In explaining why the push for more restrictive gun laws should begin with the problem of children and firearms, the federal Centers for Disease Control and Prevention (CDC), in the special "violence" issue of the Journal of the American Medical Association (JAMA), explained: "There is no controversy in the area of children having unsupervised access to loaded guns. No one believes that children should have unsupervised access to guns, but few people are doing anything to prevent children from having such access. This, at least, is a place to start...while we in public health continue to explore the scientific issues associated with this question, through careful research and the evaluation of existing programs designed to reduce ready access to guns." (Rosenberg et al., 1992) But was the issue to be addressed as an excuse or because there was a serious problem crying out for scientific research and policy changes? The timing of the interest by the CDC and others is curious. In 1984, the CDC was clearly interested in focusing its study of violence on firearms, but noted, anonymously, that the "violence branch is in a fledgling state. If it steps too hard on the gun issue, it would be squashed in a heartbeat." (Meredith, 1984:46) To focus safely on firearms, the CDC had to find an issue. Children provide an interesting basis for suggesting restricting access to firearms. Children are innocent, where so many adults involved with firearms abuse are not -- although much of the problem of gun-related violence among young persons involves post-pediatric but pre-adult teenagers. But, as was noted, no one defends unsupervised access to firearms by children. But even among children, most of the increase in firearm misuse had peaked by about 1979-81 (Fingerhut and Kleinman, 1989), and the trend of firearm misuse, among women and children in particular, was downward during the early 1980s. The National Coalition to Ban Handguns (NCBH, now the Coalition to Stop Gun Violence [CSGV]) and Handgun Control, Inc. (HCI), however, had begun focusing on children's misuse of firearms as a particular problem by the mid-1980s, and the CDC followed suit, by getting Congress to authorize such concern with injury deaths among "children" in 1986. Fortunately for those wishing to use children as an excuse for cracking down on firearms freedom, the situation began to get worse in the late 1980s and into the 1990s, and the reality began to approach some of the rhetoric of the gun control advocates such as the CSGV, HCI, and the CDC. Rhetorically, these anti-gun groups insisted that increased availability and deadliness of firearms explain the change. But firearms availability has not increased. Gun and handgun ownership levels have been stable since the mid- 1970s, with the market for firearms stagnant throughout most of the 1980s. (Kleck, 1991:Table 2.2; Howe, 1992) Semi-automatic pistols were being considered for government adoption a century ago (Shooting and Fishing 17:5, October 25, 1894), with the large- capacity Browning Hi-Power 9 mm. pistol first produced nearly 60 years ago. With handgun ammunition more a factor in potential "deadliness" of a gun than the handgun itself, the last major innovation popularizing a potentially deadlier round came with the .44 Magnum in the 1950s. And, in addition to being used rarely in crime, particularly by juveniles (Kleck, 1991:ch. 3 and 1992), rifles misleadingly characterized as "assault weapons" are distinguished from hunting and battle rifles by using reduced-power ammunition, slightly more powerful than some handgun ammunition. A dramatic change in homicide and other criminal violence, particularly when sharply limited to a particular portion of society, would better be explained by that which has changed than by that which has not. And there were two major changes in the late 1980s. First, the CDC was empowered by Congress to address and reduce levels of injury among young persons. While the CDC has been able to do nothing to reduce the amount of violence, its impotence is not the cause of increased violence. The second major change was the introduction of crack cocaine to the inner city, with some minimal additional use in some suburbs and small towns. What is surprising is that, with warnings that crack cocaine was coming and that the results would be disastrous, its arrival led to the suggestion that handguns had suddenly become more available and deadlier. Reality has not caught up with the rhetoric, however. Part of the expressed justification for the current emphasis is that firearms violence has spread to the suburbs and rural areas, and is not confined to inner-city blacks. That was the reason given by Dr. George Lundberg, editor of the Journal of the American Medical Association, and Lois Fingerhut, of the CDC's National Center for Health Statistics (NCHS), at the press conference held in Washington, D.C., on June 9, 1992, to herald the release of the June 10th issue of the Journal, and the release of the June issues of nine other AMA publications, each of which featured at least one article on the subject of violence. The head of the CDC's National Center for Injury Prevention and Control apparently even thought it worth distorting data in order to emphasize that the problem affects everyone equally. In reporting on a dramatic rise in homicide among males 15-19 years old between 1985 and 1991, the CDC report (CDC, 1994c) did not break down the increase by race because Dr. Mark Rosenberg did not want to give the impression that "this is a racial problem," insisting "It is a national problem with the same trends for whites and black, and the curve looks the same." (New York Times, October 14, 1994, p. A22) In fact, between 1985 and 1990, in that age group, black homicide victimization increased twice as fast as white, to 115.8 per 100,000, compared to 12.6 for whites. Firearm use in homicide rose from 69.3% to 76.7% for white homicides, but from 80.2% to 90.9% of black homicides. (Fingerhut, 1993) Using FBI data, and numbers, killings of blacks (male and female) 15-19 increased 146%, from 651 to 1600 between 1985 and 1991, while killings of whites rose 59%, also from 651, but to 1,035 (FBI, 1986:9; 1992:16) Rosenberg is not consistent in determining what trends are similar and which dramatically different. He emphasizes that the problem is with 15-19-year-old males, because their homicide victimization rate rose 154%, which was over twice the increase among 20-24-year-old males (76%), even though the rate for 20-24- year-old males is still 25% higher than that for 15-19-year-old males. Yet the black teenage homicide rate increase was similarly twice as fast as that for whites, with a resultant rate over eight times higher. (FBI, 1986 and 1992; U.S. Bureau of the Census, 1987 and 1993) Dr. Rosenberg and the CDC wish to deceive the American people into believing the problem is universal, and thus the solution must similarly be widespread -- even as the actual report suggests that the underlying factors for the dramatic increase in homicide are "poverty, inadequate educational and economic opportunities, social and family instability, and frequent personal exposure to violence as an acceptable or preferred method of resolving disagreements." (CDC, 1994c:726-727) Those problems are not uniformly spread throughout American society. If they were, black and white homicide rates and trends would look the same. The notion that it affects everyone is a commonly expressed message in the popular media, even though it seems to include the somewhat racist implication that society was justified in not worrying about violence if only African Americans and Hispanics were its victims. For example, "The problem is not confined to big cities like New York and Los Angeles. Kids have been gunned down in small towns like Obetz, Ohio, and Crosby, Texas." (DeClaire, 1992:30-32.) Or "this onslaught of childhood violence knows no boundaries of race, geography, or class." (Henkoff, 1992) But saying something has occurred some place is different from establishing that the problem approaches being similarly serious all places. One of the articles released by the CDC in JAMA emphasized the vast degree of difference in the problem of violence, homicide, and gun-related homicide among different groups. The gun-related homicide rate among males 15-19 years of age varied dramatically based upon race and location. Among big- city blacks, the rate was about 144 per 100,000; among rural blacks, the rate was 89% lower, at 15. In central cities, the white rate was about 21 (Fingerhut et al., 1992), and an analysis of some of the FBI's Supplementary Homicide Reports would suggest this means the non-Hispanic white rate was probably in the 10-12 range, as do limited data from the NCHS, and the state of California. (Fingerhut et al., 1994:6-8; Nieto et al., 1994:7-8) For the most part, gun-related violence is a growing problem among young urban black -- and Hispanic -- males. For girls, women, and men over the age of 30, gun-related violence was stable or decreasing in the 1980s. (Fingerhut and Kleinman, 1989; Fingerhut et al., 1991; Hammett et al., 1992) Even one of the articles describing the problem as "epidemic" noted that the 50% increase in mortality of late in the "urban pediatric population" occurred with no change or a slight decline in the suburban and national pediatric populations. (Ropp et al., 1992) Another way to exaggerate the harm to children and adolescents is to count not gun-related deaths, but Years of Potential Life Lost (YPLL, or YPLL-65), which counts the difference in years persons in age groups died, on average, and the amount of years they would have lived, it they had reached age 65. It is a method geared toward maximizing the harm associated with the misuse of firearms, since most of the recent increases in gun-related deaths are explained by homicide involving children, adolescents, and young adults. The use of the technique exaggerates the increase in homicide, and gun-related homicide, by making homicide a more serious death than other deaths, and allows the CDC to suggest that, rather than constituting the eighth or ninth leading "cause" of death, firearms are the fourth leading cause of death (CDC, 1994a). It is a peculiar technique. Whereas the medical profession, in general, values all human life equally, the YPLL approach says that when an eleven-year-old Chicago gang-member, suspected of murder, is shot to death by his colleagues (Washington Post, September 2, 1994, p. A1), his death represents over 50 YPLL, over twice the loss to society of a middle-aged diabetic. When another 11-year-old Chicagoan confesses to beating an 84-year-old widow to death (Washington Post, September 4, 1994, p. A14), her death constitutes zero YPLL; it quite literally does not count as a loss to society. More importantly, some of the rhetoric approaches the absurd, particularly when voiced by politicians. President Bill Clinton has been quoted as saying: "America is the only country in the civilized world where a teenager can walk the street at random and be better armed than most police forces," and that the Founding Fathers never envisioned a time when "children on our streets would be illegally in possession of weapons solely designed to kill other people and have more weapons than the people who were supposed to be policing them." (League of Women Voters of Texas Education Fund, 1994:8) Observations by Rutgers University constitutional law professor Robert Cottrol are as applicable to the guns of children as to those in general: "The framers of course lived in a world where the weapons of standing armies and armed civilians were not that dissimilar....Modern technology has of course changed this equation. The imbalance between military forces and the armed citizenry has increased and definitely to the advantage of the armed forces." (Cottrol, 1994:xxxviii) To a lesser extent, the same is true with regard to the police, especially as they have access to military equipment, if not manpower, if they assert a drug nexus, and they are allowed fully-automatic firearms normally denied to ordinary citizens and most assuredly not possessed by more than a few teenagers. At worst, the guns young criminals prefer are similar to those preferred by the police (Sheley and Wright, 1993); at best, their guns are smaller, cheaper, and less reliable than the guns used by law enforcement. (Wintemute, 1994) Furthermore, as James Wright, Joseph Sheley, and their colleagues at Tulane University have noted, virtually everything offensive that teenagers do with guns is already illegal. (Sheley et al., 1992:682) Most states restrict the access and use of firearms, particularly handguns, by children; and federal law has long prohibited the dealer sale of firearms or ammunition to children -- with childhood extended to age 21 in the case of handguns -- and in recent years has prohibited firearms possession on or near school property, although the constitutionality of that ban is before the U.S. Supreme Court in its October 1994 term. In Rose Garden remarks on April 25, 1994, Clinton went on: "I also believe there's something wrong with our country being the site of 90 percent of the youth homicides in the entire world -- don't you?" Data from the World Health Organization would suggest that Brazil has nearly as many homicides of 15-24 year olds as the United States. (WHO, 1989; FBI, 1993) Ignoring problems of defining "youth" and "homicide," and ignoring the killings of youth in Rwanda, Bosnia, Somalia, and other trouble spots, the truth is probably nearer the reverse of the President's observation. Neither Lois Fingerhut of the NCHS, nor James Mercy of the CDC were able to suggest any basis for the President's calculations. (Personal communications) The fact that the problem of firearm-related violence among children was invented as an excuse for imposing restrictions on firearms owned by adults does not, of course, mean there is no real problem. Nor, however, does admission that there is a problem mean solutions are easy or automatic. CDC spokesmen are in the position of both endorsing piecemeal legislative experiments aimed primarily at the young (Rosenberg et al., 1992; Stevens, 1994:30), and implicitly denouncing such limited approaches: "The United States has never tried a comprehensive approach to preventing firearm injuries. Federal laws regulating firearms are piecemeal, underenforced, and do not treat firearms as the dangerous consumer products they are." And acknowledgement that there is a problem does not mean, as the anti-gun representatives at the CDC believe, that "firearm deaths and injuries are largely predictable and preventable" by any current scientific approach. (Interdepartmental Working Group on Violence, 1994:19) When the CDC and its supporters kept insisting that violence was a public-health issue, it was largely a matter of opinion, neither true nor false objectively, and if public-health professionals wished to look at the matter, that was their option. Asserting the violence is, or that firearm-related injuries or deaths are, "preventable" is a statement subject to validation, and there has been nothing from the CDC to validate the assertion. Current Laws Regarding Children and Firearms In addition to a clear understanding of the nature of the actual problems involving children -- including adolescents -- and their misuse of firearms, any serious attempt to determine sound policy changes requires at least noting what current policy is. As Sheley et al. (1992:682) noted: "[I]t is useful to point out that nearly everything that leads to gun-related violence among youths is already against the law. What is needed are not new and more stringent gun laws but rather a concerted effort to rebuild the social structure of inner cities." Since they made that statement, gun laws affecting children have gotten more restrictive. In addition to state and local curbs on children possessing firearms in a variety of circumstances, a ban on the purchase of firearms and ammunition from federally- licensed dealers has been in place since 1968. And in addition to a relatively new federal ban on guns on or relatively near school grounds, and a new requirement that states adopt legislating mandating expulsion for at least one year of students who bring guns on to school grounds, the new omnibus crime law prohibits the possession of handguns or handgun-only ammunition by, or transfer to, minors, defined as persons under the age of 18 [110201]. There are exceptions for some sporting use, transportation, use in employment, and possession with the prior written consent of a parent or guardian not prohibited by federal, state, or local law from possessing a firearm. And there is a limited exception for possession for use for protection, but only from an "intruder into the residence" of the juvenile or where the juvenile is an invited guest. Without prior written permission, possession to protect a minor's mother from her murder-bent husband would be a federal crime; if the minor's mother told her child where to get the gun for protection, she, too, might be a criminal for having transferred the gun illegally to the minor. In addition, the law calls upon the Attorney General, "acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention," to evaluate existing and proposed handgun legislation in each state, and "develop model juvenile handgun legislation that is constitutional and enforceable" by the end of 1995. Since current law runs roughshod over the constitutional concept of federalism, it is unclear how limited the Attorney General is to feel by that mild constraint. Enforceability is another matter; enforcing either the "gun- free school zones" law or the ban on most childhood possession of handguns, including on private property, is unlikely to be systematic. At any rate, evaluating possible additional policies should at least recognize that most of the activities involving children and guns which have drawn news-media attention in recent years have long been unlawful, and that a massive curb on children possessing handguns was implemented so recently that no evaluation of its effectiveness will be possible -- and will not be in time for the Attorney General's legally mandated report evaluating existing handgun legislation. Enforceability is also a rather serious issue. Mercy and Houk (1988) compared the household possession of firearms as a risk which might be studied in the way other environmental risks have been studied, such as asbestos, radon, and lead in paint. Even using that analogy, one might note that sensible policies suggested not adding asbestos or lead paint to the environment, but warned that attempting to remove existing supplies could be more dangerous than leaving them in place. The Nature and Extent of the Problem Overall, the involvement of younger persons (under age 15, or 18) in violent crime was generally stable or declining from the mid-1970s to 1987, as has been demonstrated by Gary Kleck (U.S. House of Representatives, 1989:60-61). Since that time, there has been a dramatic increase. The rise has not been across the board, either in terms of who is apparently committing the crimes (based on arrest record), or on the types of criminal violence. (FBI, 1992:220-229,279-289; 1993:221-233). But for homicide, the trend toward youth is clear. The average age of homicide victims was about two years younger in 1992 than in 1985. (FBI, 1986:9 and 1993:16) And the percentage of homicide arrests accounted for by persons under the age of 20 rose from 17.4% to 28.9%. (FBI, 1986:175 and 1993:227) For most crimes, the 1980s saw stability in the arrest rates among white youth and other non-black races, except for slight very recent increases. Overall, and particularly for homicide, the black arrest rate rose dramatically. For all races, one of the more shocking aspects of the arrest trends is that there is a dramatically greater increase in arrests for homicide than for other violent crimes. Violent crime arrest rates were fairly stable from the late 1970s to the late 1980s, but then rose substantially, while property offenses dropped. (Snyder, 1992) Similarly, teenage victims in crime surveys indicate a decrease in theft but with a downward trend in violent victimizations during the early 1980s being replaced by a increase in violent victimizations more recently, up to levels reported around 1979-81. (Whitaker and Bastian, 1991:3) But clear and dramatic increases in crimes involving young persons, especially blacks, as perpetrators and victims, have occurred. The same trend is clear with CDC data. In order to show such dramatic increases, the CDC has to be careful to use the mid- 1980s for comparison, since the late 1970s and early 1980s will fail to show dramatic changes, or, for some age and racial groups, any changes, whether looking at homicide overall or at gun-related homicide. Compared to 1979-81, only the homicide rate for infants under the age of one has risen dramatically -- and almost none of those homicides (roughly 4%) involve firearms. (FBI, 1993:18; Hammett et al., 1992) For other youthful age groups (1-4, 5-9, 10- 14, 15-24), the homicide rate remained fairly stable, and for all other age groups, the homicide rate declined during the 1980s. (Hammett et al., 1992) The same is generally true as well for firearm-related homicides, except among young black males up to the age of 25, and for black females aged 10-14. For most five-year age groups, homicide was fairly stable, declining, or rising only modestly, between 1979 and 1988. (Fingerhut et al., 1991:7-8) To find a dramatic upward trend in homicide and gun-related homicide, it is necessary to use the mid-1980s at a starting point and to emphasize young blacks, particularly males (aged 10-24), for whom a decline in the early 1980s was followed by a much greater increase in more recent years. Even with recent homicide increases, the rates are sometimes lower for others, and sometimes slightly higher than around 1979-81. (Hammett et al., 1992; Fingerhut et al., 1991; Fingerhut, 1993) Furthermore, one has to emphasize young blacks from central cities, since the firearm- related homicide rates for other black teenagers are dramatically lower. (Fingerhut et al., 1992) And to play up the threat to "children," it is essential to use data from the 15-19 age group, or 15-24 age group, or a 10-19 age group. For young children, the homicide rate and the gun- related homicide rate reveal no major trend, with the greatest overall rise among infants, where firearms are not a factor. And even the upward trends among some age/race/sex groups below the age of 15 are all with very small numbers and low rates -- where a high-percentage change would not necessarily mean much. Indeed, the homicide rates are higher for children below the age of five than for children aged 5-14, for whom the homicide rates have remained around 2 per 100,000 and the gun-related homicide rates around 1 per 100,000, although gun-related homicide has risen faster than other homicide for those 10-14 years of age. (Hammett et al., 1992; Fingerhut et al., 1991) Yet homicide rarely involves firearms for those youngest of children with a homicide rate about 8 per 100,000 (4% firearms), and almost as rarely for the next youngest age group, at about 15% for 1-4 year olds. (FBI, 1993:18) Clearly, there has been a sharp rise in the willingness of young persons, particularly 15-24, but edging down to 10-14, to kill one another, particularly young blacks and Hispanics from the inner cities, and particularly among males. Without a similarly dramatic increase in either suicides, or in other violent or serious property offenses, the scope of the problem seems fairly limited to criminal viciousness, among the younger members of the most deprived groups in American society. And the increase seems related not to changes in firearms availability or deadliness, but to cultural changes including increased illegitimacy and use of such highly addictive and remunerative drugs as crack cocaine. The NRA's Perception of the Problem and Possible Solutions Generally speaking, the National Rifle Association (NRA) favors, particularly at the state level, regulations relating to the access and misuse of firearms by minors, so long as those restrictions meet certain criteria. Constitutionally, the Supreme Court has made it clear that adult rights cannot be reduced to what is suitable for children. [Sable Communications of California, Inc. v. Federal Communications Commission, 109 S.Ct. 2829 (1989)] Laying constitutional issues aside, it is not normal legislative practice to limit adult access to that which is suitable for children, be it athletic equipment, alcohol and tobacco products, cleaning equipment, motor vehicles, or pharmaceutical products. Even the requirement of "child proof" bottle caps allowed for exemption for adults. Aside from that, however, the Second Amendment -- and similar state constitutional protections -- establish no constitutional bar to regulating children and firearms. The "people" of the Second Amendment -- and other portions of the Constitution -- has traditionally meant enfranchised persons, not necessarily person without regard to age, citizenship, criminality, or mental capacity. And lack of citizenship, or other political rights, frequently was understood, in the 19th century at any rate, as undermining any claim to gun rights. (Cooley, 1898:295; Cramer, 1994:74, 85-87, 90) This does not mean that all restrictions are appropriate, or likely to benefit society, nor that the NRA will attempt, or successfully lobby, to solve all of the problems related to criminal violence among young persons, with or without firearms, or regarding other problems involving the misuse of guns by children. The actual solutions to those problems are expensive, long term, and well beyond the abilities of any single organization, or, possibly, group of organizations. Even beginning to address the problems of gun-related violence involving children, however, requires first determining the real nature of the changing problem of children and firearms, noting particularly where the problem is not. The Circumscribed Problem of Youth Violence with Guns NRA Members, Ordinary Gun Owners, and Their Children There is no relationship between ordinary gun ownership and the relatively recent increases in gun-related violence involving children and teenagers. This is true of all types of gun-related violence, even those which have not increased recently. Accidental gun deaths -- which declined dramatically overall and among children -- over the past two decades, are more apt to involve persons associated with other reckless and often unlawful behavior as well. (Kleck, 1991:ch. 7) Similarly, suicide -- which increased most during the 1950s and 1960s, peaking in the 1970s (Kopel, 1993:22-23) -- is largely associated with mental illness or depression. CDC representatives have dishonestly both suggested a more recent increase in teen suicide rates and belittled depression as a cause (Rosenberg and Mercy, 1991:9) -- despite clear research findings to the contrary, with regards to teenage (Brent, 1987; Brent et al., 1991 and 1993) and general suicides (Kellermann et al., 1992; O'Carroll et al., 1991:185; Kopel, 1993:21). Indeed, ordinary gun ownership by adults, and their introduction of their children into the "gun culture" -- particularly as practiced by NRA members -- would appear to reduce problems associated with teenage violence. There are two primary bases for this statement. First, research by Alan Lizotte and his colleagues at SUNY/Albany has found that if high schoolers' socialization into gun ownership was by family, they are associated with lower levels of street crimes, gun crimes, and drug use than if they were not socialized into gun ownership at all, and much lower than socialization into gun ownership by peers. (Lizotte and Tesoriero, 1991; OJJDP Research Summary, March 1994, p. 18) Other studies have noted that in rural areas, with a smaller problem of gun-related violence, adolescent males generally are introduced to shooting by adult male family members. (Senturia et al., 1994:474 and n. 23) James D. Wright and his colleagues at Tulane University, on the other hand, confirmed the other part of the Lizotte/Tesoriero finding: regular use of guns by juvenile offenders is more closely associated with similar behavior by their criminal peers -- although their carrying guns was more related to protection than to a desire to fit in. (Wright and Sheley, 1993; Sheley and Wright, 1993a:384, 387n.) Other common risk factors associated with teenage violence in recent years are factors rarely associated with ordinary gun ownership, and are absent from the lives of NRA members and their children. Troubled teens tend to come from low income homes, with no or only one parent present, and parents with low educational levels, but with too much of their socialization by peers rather than parents. Problems are dramatically centered among ethnic minorities living in the core of large cities. The median gun owner and the median NRA member, on the other hand, has graduated from high school and has had some college; less than 10% lack a high-school diploma. Similarly, with most violent teenagers from low-income homes, only 3% of gun owners and of NRA members report incomes of less than $10,000, with about one-eighth reporting family incomes under $20,000. The median income for both groups is over $30,000, minimally higher among NRA members. Similarly, gun owners in general, and NRA members in particular, are disproportionately suburbanites or from rural areas, with only one-fifth from urban areas. The overwhelming proportion of them are married -- 91% of NRA members and 85% of gun owners in general -- with less than 10% from the ethnic minorities who are suffering from most of the recent increases in gun-related violence. (Luntz Weber Research & Strategic Services, 1993; Kleck, 1991:ch. 2) A survey conducted by anti-gun activists found, to their surprise, similar results regarding handgun ownership: "Handgun ownership was associated with living in a rural area, single-family dwelling (house), presence of adult males in the household, fewer than two pre-school children in the house, and at least 12 years education of the mother." For rifle owners, in addition, there was a "white mother, and...a significant interaction between rural area and the family containing one or more males.... "Because firearm homicide rates are highest in poor inner-city teens, we expected to find that homes of poor minority families were heavily armed. Instead, reported firearm ownership was lowest in the homes of mothers who were single and had low social status (as measured by low educations). One possible explanation is that mothers in these areas are particularly aware of the dangers of guns, and so choose not to arm themselves." (Senturia et al., 1994:472-73) One Policy Implication: Evaluate Firearms Education These research findings suggest the possibility that introduction of children and teenagers to firearms by appropriate adult models could be beneficial in reducing teen violence and gang membership. Such an approach is being tried in limited form in Houston and Atlanta. In Houston, the Royal Bushman Association, started by three black NRA members working with 30 young persons, has grown to 60 adults and 300 youngsters aged 10-18. The adults work with the youth members, monitoring school performance and attendance, and encourage new members to adhere to high standards of moral behavior. And on weekends, the leaders take the inner- city youth out of the city for experience in the wilderness, including introduction to the shooting sports. In DeKalb county, a similar program is being implemented with support for groups like 100 Black Men. Since the programs are still relatively new, their effectiveness has yet to be evaluated. Dismissal of firearms safety instruction is widespread, but not studied. Wintemute dismissed education as irrelevant to reducing gun violence primarily because accidents play such a small role in firearm-related deaths, but nonetheless lobbies for other changes in gun regulations which are also aimed primarily at accidents, such as a call for loaded indicators and safety devices. (Wintemute, 1987) And a massive book on reducing violence, sponsored by the CDC, espoused many proposed cures for accidental shootings, but expressed concern about experimenting with education in firearms safety: "An important research question is whether the safety benefits of such courses are outweighed by their ability to promote an interest in firearms, an interest which increases the number of firearms in circulation and the potential for both intentional and unintentional injuries." (NCIPC, 1989:266) The American Academy of Pediatrics (AAP) dismissed education, asserting: "No published research confirms effectiveness of gun safety training for adolescents. Most preventive gun safety education is directed at hunters and marksmen, but hunting and target-shooting accidents are a small part of the adolescent firearm problem" (AAP Committee on Adolescence, 1992:21). The AAP went on to warn that because "gun safety education programs are also widely available and heavily promoted, the Academy cautions educators to choose educational programs and approaches carefully, avoiding those that might inadvertently encourage or promote the access of youth to firearms." More recently, the AAP warned that: "There is no evidence that safety lessons are retained by children at the critical times when they confront a loaded weapon." (Dolins and Christoffel, 1994:646) No source is cited for the statement. The only citation for anything supporting the idea that educational efforts are ineffective is a survey indicating a lack of relationship between gun training and proper storage of the gun. Unfortunately, gun training included military training, where safe storage from children has rarely been a high priority. (Weil and Hemenway, 1992) The CDC has opined that "educational interventions...are often expensive and rarely result in lasting behavioral change. Some educational interventions...may actually increase the probability of injury." (Kellermann et al., 1991:19) The American Youth Work Center agreed with Kellermann and his colleagues, complaining that "many youth organizations such as the Boy Scouts of America and the American Camping Association flat out promote marksmanship and gun ownership in households with children. This organizationally induced enthusiasm by children for guns adds up to a lot of dead Boy Scouts and unhappy campers." (Treanor and Bijlefeld, 1989) There is, of course, no factual basis for the last sentence. Clearly, more study should be done on the impact of firearms safety instruction, but public health professionals tend to dismiss it without study while espousing numerous other proposals with even less study. There is some indication of a relation of firearms safety instruction to reduced accidents, particularly with regard to hunting accidents (Kleck, 1991:ch. 7) -- and data from the Hunter Education Association (1991) indicates that only about one- third of hunting accidents involve shooters who are hunter education course graduates, even though the numbers of educated hunters, and state laws requiring instruction for hunters, would suggest that the vast majority of hunters have such instruction. However, the data suggesting fewer behavioral problems with adolescents introduced to the sporting use of firearms by adults suggests possible benefits beyond reducing accidental shootings, which do -- as Wintemute and the AAP note -- constitute but a small portion of the problem of teenagers misusing firearms. A study of mentally ill and suicidal teenagers in western Pennsylvania (Brent et al., 1991) found gun ownership levels among those adolescents lower than might have been expected for the population as a whole, based on the popularity of hunting, suggesting the propriety of studying possible benefits to mental health from socialization into the gun culture. (Blackman, 1992) There is some evidence that the shooting sports, and training in them, builds character, improves the ability of students to concentrate, and is a non-sexist sport. In addition, unlike most other secondary-school games, shooting is a non-violent, non- contact sport. Little wonder that Thomas Jefferson found games involving balls to be too violent and recommended the gun instead as a character-building exercise. (Kopel, 1993:58) Schools and the Problem of Adolescents with Guns Much of the propaganda -- including portions of the federal criminal code -- regarding children and guns involves the issue of violence in the schools. The recently-enacted omnibus crime bill -- the Violent Crime Control and Law Enforcement Act of 1994 -- for example, in calling for a national commission on crime prevention and control [Title XXVII], has only one area specifically aimed at youngsters, and that deals with "Violence in Schools." Other aspects of teen violence might be covered in the general evaluations of crime and violence, but the only two specific references to youth violence outside of schools are tied to immigration policy and to youth gangs. But violence in the schools is one of just three specific aspects of crime -- the others being drugs and violence against women -- the commission is ordered to address. And that omnibus crime act [320904] also provided congressional "findings" for the previously enacted ban on gun possession in or around schools [18 U.S.C. 922(q)], in a fraudulent effort to establish an interstate commerce nexus which would justify federal legislation in an area patently local, with the goal of mooting a court decision invalidating the "gun-free school zones" act. While some adolescent violence occurs in and, especially, around schools, schools generally are among the safest places for teenagers to be. The Tulane University surveys, co-sponsored by the U.S. Justice Department's National Institute of Justice (NIJ) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP), focused on inner-city high schools and high-school-age incarcerated criminals, and found carrying of guns to be related to a perceived need for protection. And that need for protection was primarily in strange areas and at night, and, generally, in environments different from school. (Wright and Sheley, 1993; Sheley et al., 1992; Sheley and Wright, 1993a and 1993b) The Tulane sociologists conducted a more general survey of high schools in metropolitan New Orleans and found the same general result. While over a quarter of students at least sometimes carried a gun outside home, only 7% ever did so at school. Related to that, only 11% had ever been threatened with a gun at school while 29% reported having been threatened with a gun outside of school. (New Orleans Times-Picayune, 1993) While teenagers may be the victims of about one million violent crimes each year, only a minority of those occur on school grounds, with school a less likely site for older than for younger teenagers. (Allen-Hagen and Sickmund, 1993) Victimization, especially with a gun, appears substantially less likely to occur at schools than in other locations. (Kopel, 1993:27-28) And the portion of violence against teenagers occurring in schools would be still less if more child abuse at home were reported to and included in the victimization surveys. A group monitoring safety in the schools, the National School Safety Center, notes that some 35 gun-related homicides occur annually on school grounds. (Washington Post, October 23, 1994, p. A8) Counting students, teachers, and administrators as the population, the resulting school homicide rate of under 0.1 per 100,000 is roughly one-hundredth the national homicide rate. To the CDC, which notes some 102 homicides and suicides in and around schools over a two-year period, for the same gun-related death rate, such gun use amounts to an "epidemic." (Dvorchak, 1994) In addition, there is relatively little actual harm from the carrying of guns to school. One popular figure bandied about is that in 1987 some 135,000 students carried handguns to school every day. (Center to Prevent Handgun Violence, 1990:7) That figure is almost certainly a drastic exaggeration. CDC surveys would suggest that the total percentage of high-school students carrying a handgun at some point during the preceding 30-day period was 4% or less -- with the trend apparently for fewer persons carrying but more frequent carrying among those who carry. (CDC, 1991 and 1992) Since most carry infrequently, and most carrying is not to school, an estimate is that on a given day perhaps 17,000 students have guns in school. (Kopel, 1993:28-29) On the other hand, it has been reported that there were about 1,700 gun-related crimes in American schools in 1986. (Kopel, 1993:28) Handgun Control, Inc., has estimated there were 272 injuries or deaths involving firearms during a four-year period beginning in September 1986. (Center to Prevent Handgun Violence, 1990:2) Even if those figures have increased, it would mean that the vast majority -- 90-98% -- of carrying of guns to school does not involve misuse of guns at school, with homicidal misuse at 0.02-0.2% annually. Nonetheless, Congress declared in the recent crime act [320904] that gun-related crime was so pervasive in schools that "States, localities, and school systems find it almost impossible to handle gun-related crime by themselves," and they find "their efforts unavailing," and so Congress needs to impose a federal ban on gun possession in or around schools. Since there is some violence in schools, and for students going to and from schools, some students with no ill will may carry guns or, more commonly, knives for protection. There is some irony in the fact that Detroit schools began using metal detectors several years ago not because of gun-related violence at the schools, but because girls were starting to carry knives with them in response to a series of rapes, apparently not by a student, of students walking to or from school. The city which could not protect them was determined they should not protect themselves. There should be some concern that draconian efforts to disarm students without offering alternative means of protection might backfire, by encouraging some students to join gangs as a means for obtaining protection. (Kopel, 1993:31) One obvious policy implication of all this is that, while the carrying of guns and knives to school violates the law, draconian or mandatory punishment, without consideration of the reasons for carrying weapons, is misguided. Since some criminal violence is associated with a history of child abuse at home, expelling some students could combine denying them the education which might help them grow up something other than a career criminal while sending them to the locale where they are most apt to be victimized and to learn victimizing behavior. Individual examples of overreaction by authorities are beginning to appear, such as a seven-year-old girl's being suspended and ordered to undergo psychiatric evaluation for carrying a little water pistol to a Boston school. (Grand Junction [Colo.] Daily Sentinel, May 5, 1994) More serious is legislative overkill, such as that reported by UPI in Michigan, where a bill was signed into law reportedly calling for a six-month suspension for any student, grade 6-12, convicted of carrying a gun or knife to school, regardless of whether anything harmful was done with the weapon -- with, reportedly, a similar half-year expulsion if convicted of committing rape or arson on school grounds. Students in lower grades would face expulsion for at least three months. (UPI, October 12, 1994) In an effort to establish uniform folly, Senators Dianne Feinstein and Byron Dorgan amended federal education law so that the President could issue an executive order requiring that states adopt laws expelling any student -- with few exceptions -- for one year for carrying a gun on school grounds or else lose federal funding. President Clinton, reminiscent of drug laws -- but without noting some problems with arbitrary enforcement of drug laws, or that guns, unlike drugs, can be used for protection in an unsafe environment -- called for "zero tolerance" of guns on school grounds. (Washington Post, October 23, 1994, p. A8) With tight budgets, even the relatively small percentage of primary and secondary education funded by the federal government will probably allow it to succeed in forcing state compliance with federal standards, supplementing the federal criminal ban on possessing guns on or near school property. Gun-free school zone provisions are a problem for a number of reasons, including the vagueness of what is prohibited and where -- with some "due process" issues regarding notice raised by the fact that the "zone" is generally 1,000 feet from the school, whereas signs are generally posted, for other reasons, saying "end school zone" within a few feet of the school. And the wrong persons are apt to be caught: sportsmen dropping a child off before going hunting, for example, or, as occurred in Maryland, a teacher who inadvertently left a pistol locked on the floor of her car. (Kopel, 1993:33) The federal legislation is especially egregious, since it not only insinuates the federal government into what is clearly a state or local crime-control matter, but may discourage state felony prosecution for the more serious offenders carrying guns onto or near school property. Faced with overcrowded prisons, states may leave it to the federal government to prosecute a serious offender for a misdemeanor, keeping someone worthy of serious punishment off the streets for a shorter period of time than had the states been left to prosecute. Related to the goal of reducing arms carrying in schools is the question of metal detectors. There are a number of problems with the use of metal detectors. These include the high cost of a product which is bound -- with three-ring binders and calculators all likely to set off detection equipment -- to have many false positives, the potential fire code problems involved in restricting access and egress, and the fact that searches generally require individualized suspicion to be constitutional [New Jersey v. T.L.O., 105 S.Ct. 733 (1985)]. In addition, smuggling weapons into schools would still not be especially difficult. Unlike metal detectors in airports, there is nothing particularly voluntary about entering a school, and there is no way to avoid privacy violations by x-ray or metal detection equipment by checking bags through. In addition, individualized suspicion should be rather easier to establish for less massive searches in schools than at airports; teachers should have some idea who the troublemakers are and should not need to search everyone to find the troublemakers' weapons. Perhaps worst, for those concerned with long-term survival of American civil liberties, children will be taught to accept widespread metal detection equipment, and accept it as adults as well, and in places other than limited arenas such as school grounds. (Kopel, 1993:33-34) The Focal Point of the Problem of Adolescent Gun-related Violence It is possible to find examples of gun-related violence of all kinds anywhere. Elementary-school children someplace will be found with guns. There are occasional murders by teenagers in rural areas and small towns. And, carefully choosing time frames, one can even find the situation worsening a bit, for a variety of age and ethnic groups living in a variety of locations. But the real problem of gun-related violence -- the source of anything which could be called an "epidemic" for anything other than rhetorical grounds, or to explain attempting to use epidemiological methods to address the problem -- is sharply limited. It is a problem heavily concentrated among inner-city blacks and Hispanics, particularly males, and especially those from broken homes, who have suffered physical abuse and lived with drug abuse, have troubled siblings and peers, poor learning skills, and little hope for the future. While such CDC spokesmen as Mark Rosenberg falsely insist that the homicide increase among teenage males has "the same trends for whites and blacks" (New York Times, October 14, 1994, p. A22), the CDC's explanation for the increase first notes "the immediate and specific causes...may be the result of the recruitment of juveniles into drug markets," and that the precursors of the immediate causes "include poverty, inadequate educational and economic opportunities, social and family instability, and frequent exposure to violence as an acceptable or preferred method of resolving disagreements." (CDC, 1994c:726-727) Those underlying causes are not spread evenly across all levels or urbanization or among the various ethnic groups in America. Virtually everything associated with gun-related violence, or the potentiality for gun-related violence, among young persons is heavily concentrated in the black -- and, to the extent differentiating data are available, Hispanic -- community, particularly among males. This is true for arrests for violent crimes, and victimization in handgun-related violent crimes. (FBI, 1992:279-289; Rand, 1994) It is true for injury-related hospital care. (Hall and Owings, 1994) And it is true for carrying weapons for protection, where CDC surveys indicate that males were more than twice as likely to have carried a weapon for protection during the previous month as were females, and blacks and Hispanics were more likely to have carried than were whites. Moreover, while only one-fifth of those who carried some weapon for protection identified it as a firearm, the majority of black high-school-age respondents so identified the weapon carried. (CDC, 1991) It is even more glaringly true for homicide, with or without a firearm. Among teenage males, one study found the gun-related homicide rate among blacks was nearly ten times higher for inner city teenage blacks than for rural blacks, and seven times higher for core metropolitan blacks than for similarly located whites (including Hispanics). And, despite the normally higher homicide rate among males than females, that did not hold comparing black females with white males for most levels of urbanization. The differences for non-gun-related homicide were not as dramatic between black and white males, but for homicides without guns, black female teenagers recorded higher rates of homicide victimization than white males regardless of level of urbanization. (Fingerhut et al., 1992) A study of drive-by shootings of children and adolescents in Los Angeles (Hutson et al., 1994) reported that 71% of the shootings involved gangs. More significantly, in locating the focus point of the problem of adolescent misuse of firearms, 97% of those shot at or injured, and all of the homicide victims, were African American or Hispanic, in a city which is less than 54% black or Hispanic (Hispanics may be of any race). It is in homicide data that the differences between whites and blacks are most glaring. Black victimization and black arrest rates for crimes other than homicide are generally higher than those for whites, particularly among young persons, but the differences are nowhere near so great. And the chronological trends for young persons' involvements in crime and criminal violence, as perpetrators or victims, are nothing anyone could call "epidemic" except in the area of homicide. (Whitaker and Bastian, 1991; BJS, 1994; Allen-Hagen and Sickmund, 1993; Cornell, 1993) The type of homicide increase is the sort traditionally found associated with marketing in proscribed items, such as alcohol and drugs, in two ways. First, the increase in teen homicide is greater for firearm-related homicide than for others, with black teenage male homicide involving firearms 90% of the time, compared with 68% overall -- and involvement as low as 58% in 1983. (Fingerhut, 1993; FBI, 1984 and 1993) And the increase is more associated with felony-related killings than interpersonal conflict. (Cornell, 1993) Such increases would be in conformance with the key factor the introduction of crack cocaine into the urban ghetto in the middle and late 1980s. Other risk factors have been more slowly developing, but could steadily increase to problems among the lower socio-economic strata of society. The percentage of black children born out of wedlock has been steadily increasing, and has reached about two-thirds of all births to African American mothers -- even more for younger mothers. The rise has been dramatic over the decades, from less than 20% in 1950 to 38% in 1970 and 67% by 1990. To be sure, there has been a sharp increase among white women, too, but the increase has been from less than 2% of births being to unmarried women up to 17%. And the illegitimate birth rate is nearly three times as high for unmarried black women as for unmarried white women. (U.S. Bureau of the Census, 1982:66 and 1993:77-78) A recent study of Fulton County (Ga.) homicides noted that the mothers of 61% of the victims were 20 years of age or under when the victim was born, with only a minority married at the time of birth. (CDC, 1994d) And the income gap has been widening between black and white families, but only because the gap has widened for other than black married couples. But the percentage of black children living with two parents has dropped from 59% in 1970 to 36% in 1993. (Washington Post, September 15, p. A14) These are simply manifestations of social problems which are highlighted by epidemic increases in the homicide rate among black teenagers, particularly males living in the inner cities. Although there have also been increases in white illegitimacy, the scope of the problem is much less than in the black community. Reasonable efforts to curb the increased problem of teenage gun-related violence should be geared toward an understanding of where that violence is concentrated and what problems have contributed to its growth. Firearms availability to ordinary persons, regardless of race, is simply not one of the factors involved. A Proposed Phony Solution: Gun Redesign A number of proposals are primarily aimed at interfering with gun ownership by ordinary Americans, using concern over children as a gimmick. After having noted that there is no dispute about children's unsupervised access to guns (Rosenberg et al., 1992:3072), the CDC's Rosenberg has more recently suggested that through education on the evils of guns, they hope to make the perception of guns like cigarettes, "dirty, deadly -- and banned." (Raspberry, 1994) There is no particular reason to take seriously as measures aimed at preventing gun-related violence among children those which are aimed at adults, with children merely rhetorical tools. When, for example, Jack Anderson called the Brady bill "the best [juvenile] trauma care legislation ever invented" (Washington Post, September 7, 1992), he was clearly simply using rhetoric to support general gun restrictions. The Brady Act, after all, affects the sales by federally-licensed gun dealers of handguns to persons aged 21 and above. It has nothing to do with children. For the most part, proposals are primarily aimed at curtailing accidents with firearms, or at the assumption that making firearms harder for law-abiding citizens to acquire will at least make it somewhat more difficult for criminals to obtain the guns, thus reducing criminal misuse of the guns: "banning the sale and possession of handguns has the potential to reduce firearm deaths and injuries among children and adolescents." (Dolins and Christoffel, 1994:647) Constitutionally, the rights of adults cannot be limited to that which is suitable for children. And, as a practical matter, gun owners' probable responses to certain solutions must be kept in mind. One proposal which at least clearly addresses the issue of children and guns, rather than gun control in general, is the call for the redesign of firearms. There are a number of redesigns suggested, including loaded indicators, passive safety devices, personalized guns, less lethal firearms and ammunition, and the like. None are really geared toward intentional misuse of firearms, but more toward accidental misuse, particularly by the very young, who constitute a decreasing number and a small portion of accidental firearms victims. One major study was performed by the General Accounting Office (GAO, 1991), at the request and with the guidance of Senator Howard Metzenbaum, to evaluate whether two proposed modifications of firearms would help to save children's lives. The premise was that, while 84% of the deaths involved violations of NRA safety guidelines, 31% involved shootings where either a loaded indicator or a passive safety device would have prevented the shooting. There are a number of problems with the GAO report. First, their sample was unrepresentatively young. Nationally, less than 3.5% of accidents involve persons under the age of five; the GAO sample had 8% in that age group. Nationally, about 40% of firearms-related accidents involve victims at least 31 years of age; in the GAO sample, only 16% were over the age of 30. Nationally, less than one-third of accidents kill persons under voting age; over half of the GAO sample was too young to vote. In the one area where there is clear knowledge about gun-related accidents, the GAO sample was unrepresentative. Under the circumstances, there can be little confidence regarding estimates from such a sample. There were additional problems with their recommendations, although they have been popular with the CDC and its grantees. The recommendation that guns all have loaded indicators -- some device for determining whether the firearm is loaded -- is worthless without some education about what the indicator is and what it means. Thus, the denounced education remains essential. The GAO also noted that the loaded indicator, to be effective, would have to be put onto all firearms, noting that the false assumption that the device was on the gun could mislead and increase carelessness. For a number of reasons, gun owners would not cooperate by having their firearms retrofitted with such devices. And, unlike consumer products with rather short life spans, where safety improvements can be imposed on manufacturers prospectively with some hope of rapidly covering most of the items owned by consumers, firearms last for decades. Another problem with the idea is that the education associated with loaded indicators would run counter to proper safety instruction. Under NRA guidelines, a firearm is presumed loaded until proven otherwise. The GAO approach would teach that, if a loaded indicator indicated that a firearm were empty, one could treat it as if it were unloaded. Such education would fly in the face of rational education. To gun owners, firearms have a variety of loaded indicators: open cylinder, open bolt, etc. The other proposal was estimated to cover a smaller portion -- 8% compared to 23% for loaded indicators -- by requiring passive safety devices, devices which automatically render firearms inoperable until disengaged, as opposed to safeties which have to be deliberately engaged. The most common example is the grip safety, where the hand gripping the gun releases the safety. The GAO's assumption was that passive safeties would save the lives of children too young to strongly grasp the gun, although too high a percentage of their sample involved persons that young. Again, the GAO acknowledged that the device should be universal to be effective, and might be counterproductive if absent on large numbers of firearms, since that would encourage false confidence of safety. In general, firearms owners do not wish passive safety devices. In public addresses, anti-gun advocate Stephen Teret often uses as an example of a passive safety on a revolver model of Smith & Wesson. The marketing history of that revolver tells something of the likely success of such a device. In response to the fact that gun owners were undoing the safety, Smith & Wesson modified the gun so that inserting a pin would allow the safety to be permanently disengaged. Then, further responding to market pressures, the grip or backstrap safety disappeared altogether. Although Teret asserts the revolver was never involved in an accident, some firearms experts have asserted that the way children play dangerously with revolvers (with thumbs inside the trigger guard and the rest of their hands at the back of the gun with the muzzle pointing toward the child), they do have strength to disengage the safety. Disagreeing with Teret and the GAO, the anti-gun Children's Defense Fund insists that toddlers have the strength to pull the trigger. (Skorneck, 1994) In any event, gun owners generally decide which safety devices they want or do not want, and if a firearm comes with unwanted safeties, they are permanently disengaged, either with amateur or professional gunsmithing, or jerry-rigging. The most common passive safety, the grip safety, can be easily permanently disengaged even by the mechanically incompetent by using a variety of household tapes. Gun owners would be unlikely to allow guns to be retrofitted with unwanted safeties. Most owners of classic automobiles have not had them retrofitted with seatbelts, and, of course, the permanent buzzer warning of unengaged seatbelts was changed because so many drivers were disengaging the device. Similarly, while childproof medicine bottles enhance safety, many adults overcome the device for ease of use. And the risk is that parents taught that guns have passive safeties could endanger children by not being cognizant that most guns do not, and will not, have such safeties. As a practical matter, most regulations of consumer products affect the manufacture and sale; the consumer is generally free to alter products for personal use at will. (Breslin, 1992) Even the leader of the AAP effort to restrict handguns recognizes that "the net result of marketing a `safer gun' could be to increase household arsenals and decrease vigilance about firearm safety, because people might have the impression that they now own `safe' guns." (Christoffel, 1991:301) In addition, the improvement sought is minimal. The most significant misuse of firearms -- by children or adults -- involve intentional misuse in suicide or homicide. As the AAP has noted, "Modifications in gun design are unlikely to reduce injury, since those at greatest risk are preteen and teenage boys, both of whom possess adult abilities to circumvent gun safety features." (AAP Committee on Adolescence, 1992) A further refinement of the proposal to add safeties to prevent some persons from using firearms is the idea of personalized firearms, so that only a single person could disengage an automatic safety device. This would not only prevent accidents, but criminal shootings with stolen firearms. It would not prevent some crimes with guns, since victims rarely challenge criminals to prove a gun operable, and the hoodlum might not even know they gun he carried could not be fired. Its utility, as with other redesign ideas, would require that virtually all guns be personalized; if some were and some were not, the fact that many were known to be personalized could encourage resistance to criminals quite capable of pulling the trigger to expel a projectile. Some persons already have personalized guns, where a magnetized code in a ring is required for the gun to fire. The obvious disadvantage for protective uses of handguns is that the gun's utility is sharply diminished for anyone lacking the ring. If a husband wanted his wife to be able to use the gun, a duplicate ring would be needed for her. If the children were to be able to use the gun in an emergency, the ring would have to be available to them, minimizing the effectiveness of the device to prevent accidents. That temptation would encourage storing the decoder ring near the firearm when not in actual use, maximizing the likelihood that thieves would steal both. This may be why the CDC's Rosenberg has suggested that the owner's hand be implanted with a chip. (Wilkinson, 1993:17) As with other ideas unpopular with gun owners, most safety goals would be minimized if the practice were not universal, and, indeed, lack of universality could encourage more sloppy behavior by parents, and more risky behavior by children and potential victims. Even if all new guns manufactured had to be personalized, gunsmiths would be employed to disengage the system. Another redesign proposal is to develop less lethal firearms, and/or ammunition, for protective use. One risk with less lethal means for protection is the political one: when an item is produced which could be misused, someone is apt to seek to ban it on the grounds that it has been or will be misused. And newer technology is harder to defend politically. That which is owned by virtually no one has few persons personally threatened by restrictive legislation. Constitutional arguments regarding the right to own commonly owned "arms" do not apply to those which are not commonly owned. And if it is not an actual firearm, protective public interest groups are apt to be weaker than when the target is a real firearm. Hence, "ballistic knives" were banned after U.S. Representative Mario Biaggi was shown an advertisement for one. "Stun guns" and taser guns have been sharply restricted on the grounds they could be used to commit robberies and assaults, even though most of the actual misuse reported in the news media have been misuses by law enforcement officials who are exempt from state and local restrictions -- although there has also been some suggestion that they are used in child abuse. (Frechette and Rimsza, 1992) The "exploding bullets" used by John Hinckley in his assassination attempt (which were promptly removed from the civilian market), were developed to increase stopping power while reducing penetration and thus likely lethality. And the ammunition used in so-called "assault weapon" rifles is generally less powerful than ordinary big-game hunting ammunition, and, indeed, was designed for military purposes to wound more than to kill (Fackler et al., 1990) -- a dead soldier reduces enemy forces by one; a wounded soldier adds to the reduction of enemy forces those needed to retrieve and care for the wounded soldier. In 1992, the Maryland legislature considered, and the Florida legislature enacted, legislation banning incendiary shotgun ammunition, which amounted to a rather expensive firework, but with a much shorter range of risk than ordinary shot or slugs. The imaginative argument was that it would be used against law enforcement officers and burn their clothes while penetrating their bodies. It was not reported that it had ever been used in a crime. And, of course, handguns are generally less lethal than long guns, yet are the primary target for the CDC, AAP, and HCI. And, among handguns, the lower caliber and shorter-barreled -- and hence less lethal -- so- called "Saturday Night Special" has long been singled out. (Wintemute, 1994:65) Less lethal weaponry may remain lethal. (Crime Victims Digest, 1992a) A television star was, after all, killed with the paper wadding in a "blank" cartridge accidentally fired at his head. With liability suits common for any product which misperforms (such suits have occasionally also been brought against products for doing exactly what they were designed to do), such lethality could result in lawsuits threatening the business life of any such manufacturer of less lethal weaponry. Nonetheless, less lethal ammunition is apt to be produced. (Crime Victims Digest, 1992b) Its effectiveness and popularity -- and availability to others than the law enforcement community -- is open to question. If available, its popularity with gun owners interested in the protective benefits of firearms has yet to be determined. Such ammunition would not, of course, have any impact on criminal misuse of firearms -- it is the firearm itself, not the ammunition, which enhances cooperation with robbers and assailants. Nor, in all likelihood, would criminal homicide be reduced. Criminals would prefer the traditional ammunition which would still have to be available for sporting purposes, and new ammunition would not affect the will to kill which is all too apparent in shootings by young criminals. (Webster et al., 1992) And less lethal ammunition might well be fatal to small children. There would be the concern, at least, that calling ammunition less lethal or non-lethal could encourage more careless storage of a loaded firearm than might occur if parents and guardians knew that ammunition were lethal. The development of less lethal weaponry will continue because, although ideal non-lethal devices do not exist, police will continue to experiment with them to reduce their liability. (Meyer, 1992) And, to the extent such less lethal protective arms are available, some gun owners will likely opt to use them -- and some anti-gunners will object on the grounds some persons are buying these guns or gun-like objects who otherwise would not purchase any gun for protection. NRA's Response to the Problem of Gun-Related Youth Violence Like all concerned citizens, members of the National Rifle Association are interested in reducing the levels of child and adolescent violence, particularly that involving firearms. NRA members are opposed to the misuse of items they respect deeply, and they do not like their reputation as gun owners sullied by the misuse by persons unlawfully in possession of guns. In addition, obviously, one response to increasing misuse of guns, or to the perceived increasing misuse of guns, is more pressure for restrictions on the law abiding, and NRA members prefer to spend their time and effort using firearms, not lobbying. NRA lobbying on issues related primarily to adolescent misuse of firearms are limited for a number of reasons, and NRA success in reducing the amount of violence is similarly apt to be limited. First, some of the NRA's efforts are geared toward further reducing the accidental misuse of guns, a small portion of the problem of gun-related violence by children and teenagers. Success in that area will not noticeably affect assaultive or suicidal misuse of guns. Second, the NRA is composed primarily of non-big-city middle- class white males, whose children are not having problems with the misuse of firearms. NRA members will contribute to the NRA, and will personally contact politicians, more effectively when they are personally threatened by something happening in society, or by legislative efforts to address a problem. They cannot be counted on any more than any other non-big-city middle-class whites to actively lobby to rebuild the inner cities. And, having collected funds for lobbying and electioneering on issues directly affecting the right to keep and bear arms, it would be improper, if not unlawful, for the lobbying arm of the NRA to expend massive efforts lobbying on other matters. Further, even if the NRA attempted fully to address the problems of the inner city, it would no more be welcomed unhesitatingly and unsuspiciously than would any other proposed interference by people who do not look as if they belong in the inner city; NRA activities, however well intended, would be perceived as meddling. Finally, as Kleck has noted: "Fixating on guns seems to be, for many people, a fetish which allows them to ignore the more intransigent causes of American violence, including its dying cities, inequality, deteriorating family structure, and the all- pervasive economic and social consequences of a history of slavery and racism....All parties to the crime debate would do well to give more concentrated attention to more difficult, but far more relevant, issues like how to generate more good-paying jobs for the underclass, an issue which is at the heart of the violence problem." (Kopel, 1993:49) The NRA has not figured out a long-term plan for restoring family stability or values, or rebuilding the economic and social structure of the inner city. Most NRA proposals, thus, must address various tangential issues, and shorter term solutions such as restricting the ability of persons committed to violence from being free to assault those trying to live peaceful lives. Gun Safety Training There have, nonetheless, been a number of initiatives or responses from the NRA in regard to the problem of teen gun-related violence. NRA's Eddie Eagle program is intended in a neutral way -- neither encouraging nor discouraging adult ownership of firearms -- to warn children about the misuse of firearms, and thus to further reduce children's gun accidents. The program is relatively new, and, while it has been praised by the National Safety Council, it has not be scientifically evaluated as of yet. Violence in the Entertainment Industry Noting the adverse effects of violent television on violent behavior (Centerwall, 1989), the NRA has testified against media violence. (Lamson, 1993) Because of the guarantees of the First Amendment, most of the NRA's call is for responsibility by the entertainment industry. As a practical matter, while television violence may be subject to some regulations as a federally-licensed industry, the increasing amount of less regulatable cable television, the generally-protected motion-picture industry, and the potentially most violence-inducing medium, "rap" music, are subject to self-regulation -- spurred perhaps by public outrage, such as that engendered by the NRA and other groups against Time- Warner's "Cop Killer" song -- or none at all. As a practical matter, it has been noted that violence in the media probably has but limited negative impact for persons subject to strong family values (Kopel, 1993:53, 83). It might further be noted that the suggestion that television violence unrealistically fails to note the permanence of harm -- "Wile E. Coyote" may be blown up but not harmed -- the inner-city youths whose increasing violence is the problem are all-too-aware of the pain caused by inflicting injuries. But they do not care. (Simon, 1992) There is at least some irony in the fact that some of the persons who make violence-inspiring movies pretend to be anti- violence and are outspokenly anti-gun. It seems not to occur to them that the violence portrayed in movies directed by, among others, John Singleton, inspire more imitation than repugnance. It has been reported that the greatest gun-related mass murder in U.S. history -- the October 1991 killings in Luby's Cafeteria in Killeen, Texas -- was by a man found with the ticket to The Fisher King, starring anti-gun, anti-NRA actor Robin Williams, in his pocket. A feature of the film is a mass murder in a restaurant. (Kopel, 1993:55) One beneficial legislative policy which might easily be adopted to discourage some media violence, without interfering with First Amendment rights, would be fairly simple: Apply all restrictive gun laws to the entertainment industry. If ordinary citizens may not possess new machineguns, do not make exceptions for the motion-picture industry. If ordinary citizens may not acquire new large-capacity magazines, apply that law to the entertainment industry. Either in law, in such places as California, or as a matter of practice, the entertainment industry is currently exempt from restrictive gun laws. There is no reason for such an exemption -- particularly when the industry has actively lobbied for imposing such restrictions on others. As with most efforts to curb violence, this one might be relatively limited; most of the more seriously violence-encouraging motion pictures appear to involve ordinary firearms rather than those sharply restricted by state or federal laws. An additional legislative approach might be to mandate television manufacturers to put circuitry in new televisions which would allow parents to lock out certain stations and/or certain times of operation. (Kopel, 1993:55) As with efforts to encourage diversity in television by ordering new sets to be made to receive UHF programming, such an imposition would make the procedure affordable enough so society did not have to count on parents willing and financially able to purchase such features as options. Treat Violent Juvenile Criminals -- and Their Records -- as Adults The juvenile justice system is geared toward the idea that children and adolescents should not be treated the same way as adults, that they are in need more of reform than punishment, and that if they go straight as adults, their youthful indiscretions should be forgotten. The result is that they are treated with greater leniency, and their juvenile records are sealed. The idea is fine so long as they get reformed, and are law- abiding after initial leniency and efforts at reform. Otherwise, there is no reason for society to sacrifice itself -- and those residents of the inner-city who are attempting to overcome their deprivations and lead law-abiding and productive lives -- to juveniles whose delinquency is unrepentant. The most serious of teenage crimes should be treated as adult offenses. This would include those felonies involving the use of deadly or dangerous weapons, the intentional or knowing infliction of serious physical injury, sexual assault, violent or sexual offenses committed against children, and repeat serious felony offenses, or serious offenses committed while on release from another offense. And juvenile records should be available for consideration of proper punishment for recidivist offenses as either juveniles or adults. In addition, promoting efforts to engage criminals to recognize the humanity of their victims, efforts to impose mandatory restitution to their victims or the victims' families should be implemented. Related to criminal activities by minors, the NRA supports legislation imposing severe mandatory felony penalties on adults who involve juveniles in criminal activities, particularly if the use of children is to avoid the penalties which would be imposed on adults. The incentive to avoid committing the act themselves, and to encourage serious criminal behavior by persons who might otherwise not behave so badly, should be removed. Early Intervention for "At Risk" Youth and Discipline and Responsibility Training for Non- Violent First Time Offenders Since those committing status offenses are more apt to engage in more serious offenses later, unless there is some intervention, special attention should be given to those children and adolescents, as well as to first-time non-violent juvenile offenders. Arbitration and restitution programs are one possibility. Mandatory community or public service, and "boot camp" experiences may also prove beneficial, and are worthy of at least experimental adoption. They must learn that there are meaningful consequences for choosing to engage in behavior harmful to others, but should not be treated as violent criminals. Teaching entire classes confrontation avoidance and non-escalation of arguments is certainly worth pursuing. In addition, alternative schooling may be needed for students who would still benefit from education, but pose severe risks for other students in the standard educational environment. Merely expelling students may be essential in some instances, but society's goal should be to find a means to educate so long as there is the possibility the education will benefit the student and, thus, society. Curb Possession of Firearms by Children with Some Adult Responsibility The NRA has worked with various state legislatures to provide legislative curbs on much unsupervised possession or use of firearms by minors. In Arizona, Colorado, Virginia, Kentucky, Indiana, and Missouri, the NRA has supported legislation prohibiting possession of handguns by minors except in the following circumstances: attendance at a hunter or firearms safety course; engaging in target shooting where firearms discharge is not prohibited; engaging in organized competition; hunting or trapping pursuant to a valid license (if needed); while on real property under the control of a family member or guardian, with adult permission; and in the minor's residence, possessing a handgun with permission for the purpose of exercising the right of self-defense or defense of another. Use for legitimate protection should always provide a defense from possession charges -- a serious limitation in the new federal ban on juvenile handgun possession. In addition, the NRA has supported legislation which would hold adults responsible if someone was injured or killed because the adult showed reckless disregard for the safety of others in storing his firearms. The NRA opposes legislation specifying the way a firearm should be stored, or punishing for careless storage regardless of whether anything harmful is done with the firearm, since that would invite capricious prosecutions by regulating activity done in the privacy of one's home. In addition, there is no single proper method of storing firearms, with preferences associated with the use to which the firearm is to be put, the ages and senses of responsibility of persons residing in the home, and the affluence of the gun owner. Essentially, the NRA supports legislation specific to firearms codifying ordinary prohibitions on reckless endangerment. The reasonableness of the storage would have to be determined on a case by case basis, although Kleck has noted that storing a gun locked, whether loaded or not, is adequate for prevention of children's accidents. (1991:279) Any such legislation would have to exempt adults from responsibility for harm done with guns acquired through unlawful activity; they are not responsible for burglaries, and should not be victimized by society after being victimized by a burglar. Any such risk would discourage reporting thefts to law enforcement, potentially increasing the risk of police officers attempting to apprehend a burglar. And such legislation is better if geared toward firearms in general, not expressly limited to handguns. Research indicates that, relative to being kept loaded, long guns may be more subject to accidental misuse (Kleck, 1991:280-281), so legislation should not be geared toward increasing loaded storage of long guns as a substitute of similar storage of handguns. NRA Urban Affairs Activities Building on the experience of the Royal Bushman Association in Houston, the NRA worked with various other groups in Atlanta on a Community OutdoorFest in Atlanta, working through the 100 Black Men of Atlanta, the Georgia Black Hunters of America, the Police Athletic League, the Boy Scouts, and others, to provide an outdoor setting for inner-city youths. The goal was to introduce urban youth to the safe, educational, and recreational benefits of outdoor activities, and to empower participants to work together to achieve such mutual goals as linking community-based organizations to provide positive programs for urban youth, to increase urban youths' awareness of gun safety, to introduce young persons to positive mentoring relationship, and to promote healthy adolescent development. Based upon the success of the program in Atlanta, efforts are underway to provide similar programs in Wichita, Baltimore, and, in cooperation with the Congress of Racial Equality, New York City. In addition, the NRA is working with judges in counties in Arizona and Virginia to develop programs to teach juveniles who have violated firearms laws, along with their parents, about firearms safety and responsible use. Efforts are also underway to introduce the "Eddie Eagle" firearms safety programs to urban children, and work is underway to translate the lower level of that gun safety program into Spanish. These programs are in their infancy, but with further plans for the growth of outreach programs to expose at-risk urban youngsters to fishing, archery, air guns, wildlife management, and other activities, as a way to develop basic life skills and to reinforce the values of self-respect, responsibility, and self- discipline, including classes in conflict resolution and career progression. The goal of the relatively new NRA Committee on Urban Affairs, geared toward reaching out toward those currently underutilizing NRA services, is to develop an Urban Affairs Program in the NRA's Safety and Education Division. Conclusion: Addressing the Underlying Social Problems Most of the NRA approaches are geared toward some of the current problems of juvenile criminal activity with firearms, and at further reducing the small number of accidental misuses of firearms. To the extent some firearms education and socialization into the shooting sports builds responsibility, there may be longer term benefits. But in the long run, there are too many social problems underlying the problems of the inner-cities for a sportsmen's club to be more than a bit player. As has been noted by many others (Kopel, 1993:64-66), there are too many children born to children, with inadequate pre-natal care. There are too many born into families with histories of physical and sexual abuse, which is likely to recur. There are too many born and raised without an appropriate father figure, if any at all. There are too many raised with inadequate moral training, with enough politicians and clergymen blaming society for bad deeds by young persons that the individual may feel free to act anyway he chooses without remorse. And there are too many children raised with inadequate educational opportunities or hope for the future, with enough rhetoric making them think they will not live to adulthood that they do not care to think of the future. America must address those problems if it hopes to alleviate the problem of firearms misuse by young persons. Those problems cannot be addressed by pretending that the problem is more widespread than it is, nor by pretending that restrictive gun laws or demonizing firearms will solve the problem. As Kopel noted (1993:67), in the mid-1960s anti-gun politicians promised that the problem of juvenile delinquents would be "substantially alleviated" if the gun restrictions they were pushing were adopted. They were by 1968, and the only result was that juvenile violence increased so rapidly during the 1970s that the additional growth in juvenile violence in the 1980s looks slow by comparison. (Stepp, 1994:12) Further restrictive gun laws are unlikely to work any better now than then. As a recent survey of inner-city high-school students has noted: Our findings point away from intervention at the individual level and toward changes in the larger familial, communal, and social situation of those most involved in gun-related violence.... Structurally, we are experiencing the development of an inner-city underclass unlike any in our past. In a shrinking industrial economy, we are witnessing the disintegration of the traditional family, increasing poverty and homelessness, diminishing health, and deteriorating educational institutions. The desperation of this situation is enhanced by the apparent enormity of the drug problem and the ready availability of firearms to all. 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