Gun Control
"First and foremost, we need to see the control of guns not as a political problem but as a solemn religious obligation. Our gun-flooded society has turned weapons into idols, and the worship of idols must be recognized for what it is — blasphemy. The only appropriate response to idolatry is sustained moral outrage."
-Rabbi Eric Yoffie, URJ Biennial Sermon
December 18, 1999 / 9 Tevet 5760
Background
The number and severity of violent shootings in recent years can only be described as an epidemic. The unprecedented carnage in our schools, community centers, and neighborhoods demands action. Consider the following statistics provided by the Coalition to Stop Gun Violence and Handgun Control, Inc.:
- Each year over 30,000 Americans are killed with handguns, assault weapons, and long guns.
- Firearms are used in about 70 percent of all homicides nationally.
- Each year since 1989, 3.5 million new guns have been introduced to the U.S. market, either through manufacture or import.
- Only one-third of the guns in the United States are handguns, but they account for two-thirds of all firearms crimes.
- Approximately 54 percent of annual gun deaths are suicides
- According to the National Rifle Association, 60 to 65 million Americans own 200 million guns, or about three per person.
- The National School Boards Association estimates that more than 135,000 guns are brought into U.S. schools each day.
- Ten children are murdered every day by guns; that's a classroom of students every other day.
Legislative Summary
Common sense gun control legislation has not passed since 1994 when the Brady Act mandated a five-day waiting period on most handgun purchases. Despite much talk of finally passing common sense gun control measures after the well-publicized tragedies at Littleton, Jonesboro, and other venues, Congress has refused to act. In the wake of the recent shootings in the neighboring communities of Santee and El Cajon, CA, the reaction on Capitol Hill was even more muted. These incidents have sparked relevant discussions about a host of causal factors of violence (violent video games, bullying, breakdown of parenting), but conspicuously absent from this list has been the common seed of easy access and deadly use of firearms.
The Gun Show Loophole
Under the 1994 Brady Law, citizens who buy firearms must pass a background check if they purchase their guns from a Federal Firearms License (FFL) holder. However, while FFL holders must conduct background checks on sales made at gun shows, sales made by unlicensed private individuals are exempt. This loophole has allowed thousands of felons, domestic abusers, persons with severe mental illness and minors to purchase guns without a background check. Felons buying or selling firearms were involved in more than 46% of the Bureau of Alcohol, Tobacco, and Firearms (ATF) investigations involving gun shows. In a third of these cases, the weapons in question had been involved in an assault, robbery, burglary, homicide, or other crime. In fact, four of the guns used in the Columbine school shootings passed through the hands of unlicensed dealers at gun shows. A National Opinion Research Center poll recently found that 79 percent of Americans, and two thirds of gun owners, favor a law to close the gun show loophole
In 1999, former Senator Frank Lautenberg (D-NJ) added an amendment to a juvenile justice bill that would have closed the gun show loophole and mandated a 3 business day background check for prospective buyers. The amendment passed the Senate by a vote of 51-50, with then-Vice-President Al Gore breaking the tie. In the House, Representative Carolyn McCarthy (D-NY), whose husband was killed by Colin Ferguson during the 1993 Long Island Railroad shooting, sponsored a companion bill in the House that was defeated. On the same day, Representative John Dingell (D-MI) sponsored a watered-down version (mandating a 24-hour background check at gun shows) supported by the National Rifle Association, and this measure passed. Efforts to resolve the differences between the House and Senate Juvenile Justice bills in Conference Committee stalled, and legislation aimed at closing the gun show loophole did not pass in the 106th Congress.
Senator Jack Reed (D-RI) introduced legislation to close the gun show loophole on April 24. His bill would mandate a three-business day background check for buyers at gun shows. His bill, which we have endorsed, already has 18 co-sponsors. In addition, Senators John McCain (R-AZ) and Joseph Lieberman (D-CT) have been negotiating to sponsor a similar, but presumably less restrictive, measure to close the gun show loophole. Nobody knows yet when this will be introduced. Representative Carolyn McCarthy (D-NY) may introduce legislation in the House regarding gun shows.
Ammunition Clips
The 1994 Assault Weapon Ban, which banned domestic production of high capacity clips (greater than ten rounds), also contains an important loophole. While the bill banned domestic production, it allowed for the importation of high-capacity magazines made before the date of enactment (a grandfather clause). Foreign companies have exploited the loophole by flooding the American market with clips they claim are "pre-ban." Closing this loophole is important not only because such products are made specifically to harm individuals and are not necessary in a peaceful society, but also because it has allowed gun manufacturers to evade the Brady law passed in 1994. The ban on importation of high capacity clips, as proposed by Senator Dianne Feinstein (D-CA), passed the Senate last Congress as an amendment to the Juvenile Justice bill, but again, the House did not pass such a provision.
National Licensing and Registration
Under the current system, there is little to deter the transfer of legally sold guns to criminals and youth. The secondary black market for handguns has thrived on these illegal transfers. Between 36% and 50% of male eleventh-graders believe they could easily get a gun if they wanted one, according to Handgun Control, Inc. Registration prevents illegal transfers by making the registered owner responsible for what happens to his or her gun. Licensing and registration of handguns is necessary to ensure that guns remain in the hands of responsible, law-abiding citizens and to assist law enforcement in tracing guns used in crime. The licensing of all handgun owners is needed to insure that felons and others prohibited from gun ownership cannot obtain firearms. The legislation also includes measures to insure that licensees have been trained in the safe use and care of firearms. A handful of states already have licensure, but a national law is necessary to ensure people are not able to cross state lines to buy unregistered firearms.
The latest Gallup Poll (April 28-30, 2000) showed that three-quarters of Americans (76%) favor registration of handguns and 69% favor federal licensing of gun owners. In late January, Senator Dianne Feinstein (D-CA) introduced the Firearm Licensing and Record of Sale Act of 2001 (S. 25), which would institute a national system of licensing and registration of firearms. Senator Feinstein made an appropriate analogy when she said, "We register cars and we license drivers. We register pesticides and license exterminators . . . but when it comes to guns and gun owners, no license, no registration, despite the loss of more than 32,000 lives a year from gun violence." Representative Jerrold Nadler (D-NY) introduced the Handgun Licensing Act of 2001 (H.R. 138), which would set up a system of licensing, and Representative Rush Holt (D-NJ) has introduced the Handgun Licensing and Registration Act (H.R. 114). None of these bills will likely pass this term.
For more information on licensing and registration, visit the Coalition to Stop Gun Violence.
Consumer Product Regulation of Firearms
The Firearms Safety and Consumer Protection Act (S. 660/H.R. 331) was introduced by Senator Robert Torricelli (D-NJ) and Patrick Kennedy (D-RI). As it currently stands, firearms and tobacco are the only two consumer products manufactured in the United States that are not subject to basic consumer product regulations. The general argument goes: cars and pesticides and even stuffed animals are regulated; why should a product that kills 30,000 Americans a year be exempt? This bill would vest the Department of the Treasury (specifically, its Bureau of Alcohol, Tobacco, and Firearms) with consumer protection authority to regulate the design, manufacture, and distribution of firearms and ammunition. The bill would also give Treasury the ability to recall guns with manufacturing defects and insist that gun manufacturers implement basic safety improvements in the design of guns (trigger locks being one possible example).
This approach is different from the previous three in that it is a long-term project that involves educating members of Congress to think of guns as a consumer-safety issue - rather than as purely a criminal justice issue. When one considers that 54 percent of annual gun deaths are suicides, it becomes clear that gun violence is a serious a public health epidemic, with billions of dollars of cost associated with it. While this bill would give the ATF the authority to regulate guns as a consumer product, no one can predict what regulations the ATF will choose to impose. It could result in minor changes in the manufacture of guns, or it could result in the proliferation of smart gun technology that allows only a select group of people to fire a gun via a fingerprint. It may even result in an all out ban on handguns. This vagueness is both a strength and a weakness of the bill.
For more information on this legislation, visit the Violence Policy Center
Click here to view a Religious Action Center Press Release in support of the bill.
Child Access Prevention
Child Access Prevention laws have been passed by 17 states. These states hold gun owners criminally liable if children access their loaded weapons to hurt themselves or someone else. Research demonstrates that in the 12 states that passed CAP laws by 1997, accidental deaths of children from firearms decreased 23% in the two years after the laws went into effect. In addition to requiring gun manufacturers to make child-proof guns, the legislation would subject gun owners to fines of up to $10,000 if a child gains access to their firearms. That punishment could include a one-year prison sentence if the weapon was used in an act of violence. The Youth Violence Prevention Act of 2001, which was introduced in early April by Representative Peter DeFazio (D-OR), would create a child access prevention law at the federal level, as well as mandate that trigger locks are included with all new handgun purchases.
In March, Senator Herb Kohl (D-WI) introduced the Child Safety Lock Act of 2001 (S. 436), which would require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks. A child safety lock provision passed the Senate last Congress by an overwhelming vote of 78-20 last session as an amendment during the juvenile justice debate but later died in conference committee. The new version of the bill includes standards for the safety locks, as a recent study by the Consumer Product Safety Commission and a recent recall by the safety lock manufacturers conclusively demonstrates that child safety locks are often made in shoddy fashion. According to the most recent National Gun Policy Survey, conducted by researchers at University of Chicago, nearly three-quarters of Americans and majorities of gun owners support requirements that guns be stored locked and unloaded and that trigger locks be used. New Attorney General John Ashcroft expressed support for the mandatory sale of child safety locks during his confirmation hearings earlier this year.
ENFORCE Act
ENFORCE, introduced in the House in the 106th Congress by Reps. John Conyers (D-MI) and Carolyn McCarthy (D-NY) and in the Senate by Sen. Charles Schumer (D-NY), strengthens enforcement of existing gun laws. The bill would fund 600 new ATF agents and inspectors to crack down on dirty gun dealers; authorize funds to hire than 1,000 local, state and federal prosecutors to expand the Project Exile program in high-gun crime areas; create comprehensive ballistics DNA testing network, which would help link bullets and shell casings to the criminal guns they were fired from; expand the Youth Crime Gun Interdiction Initiative (YCGII), which would dramatically increase tracing of crime guns to find sources; and fund $10 million for smart gun technology research and development. As with the previous two legislative approaches, the ENFORCE bills died last Congress due to inaction. Senator Schumer is planning on reintroducing the bill this Congress; Representative McCarthy may as well. New Attorney General John Ashcroft has stated that enforcement of existing gun laws will be a priority of the Justice Department, and he wants to expand pilot programs such as Project Exile nationwide. The proposed White House budget includes almost $160 million in additional money for Department of Justice enforcement efforts. The McCain/Lieberman bill dealing with gun shows may include some of the ENFORCE language.
Click here to read about our resolution on gun legislation
State Level Action
Concealed Carry Weapon (CCW) Laws
In the early 1990s, Congress drew significant restrictions on the carrying of concealed weapons (CCW). But the gun lobby continues efforts to make it easier for individuals to do so. Currently, 29 states allow virtually all non-felons to apply and receive a permit for CCW. 14 states have stricter laws, giving law enforcement discretion in issuing permits, and making the applicants demonstrate some sort of need. 7 states outlaw CCW altogether. In Missouri and Illinois, lawmakers are trying to pass legislation to allow broad access to CCW. In December, the state legislature in Michigan passed a CCW law that significantly loosened the state's restrictions and ability of law enforcement to have discretion in granting permits. While Governor John Engler signed the bill, since then citizens have collected over 260,000 signatures, enabling the measure to be put to a state referendum next year, and possibly overturned.
State Handgun Permits and Waiting Periods
Twelve states (Connecticut, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, and North Carolina) require a permit to purchase a handgun, issued only after a state-based background check. This ensures that at the time of handgun purchase, a thorough background check has already been performed. This check is in addition to the background check that occurs at the actual time of purchase. Four of these states - Hawaii, Illinois, Massachusetts and New Jersey-require a permit for long guns as well. Some states have set mandatory waiting periods on gun purchases. For example, California requires a 10-day waiting period for any handgun purchase from a licensed dealer. Maryland, Minnesota, Missouri and Rhode Island each have 7-day waiting periods. Eight states currently require waiting periods for handgun purchases, and many of those mentioned above require waiting periods for the acquisition of gun permits.
Gun Show Loophole Referenda
This past November, citizens in Colorado and Oregon overwhelmingly passed referenda to close the gun show loophole. In Colorado, Amendment 22 passed by an overwhelming margin of 70% to 30%. After unsuccessfully lobbying the state legislature, a coalition of advocacy groups (including SAFE Colorado, which mobilized in wake of Columbine) got the measure on the ballot and overcame the efforts of the NRA, which contributed $75,000 to try to defeat the ballot initiative. In Oregon, the grass-roots campaign committee Stop Gun Violence submitted over 89,000 petition signatures to the Oregon Secretary of State's office (more than 20,000 needed to get a referendum on the ballot). The measure passed 61 % to 39%.
Gun Litigation
The prevalence of gun injuries is sizable, and cities, states and individuals bear the enormous financial burden of gun injuries including medical, legal, and law enforcement costs. Cities like Chicago, New Orleans, Miami, Cincinnati, and Bridgeport, Connecticut are now seeking to recoup the costs of gun violence by suing weapons manufacturers. Although each case is slightly different, the theory behind gun suits is that gun manufacturers should be responsible for the damage caused by the negligent design, sales, and marketing of their products. Click here for more information on these increasingly important efforts at regulating firearms
For more information on gun litigation see the RAC's Gun Litigation web page.
Position of Reform Jewish Movement
Jewish Values and Gun Control
Jewish tradition emphasizes the sanctity and primary value of human life. The Bible commands us "Thou shalt not murder." The Talmud teaches us that "he who takes one life it is as though he has destroyed the universe and he who saves one life it is as though he has saved the universe." In an increasingly impersonal and alienating society, the dehumanizing of the human being and the carelessness with which human life is taken stand in direct violation of these affirmations of our tradition.
Scripture encourages peaceful pursuit of our mutual welfare. Isaiah exhorts the people of the earth "beat their swords into plowshares, And their spears into pruning hooks." (Isaiah 2:4) We are commanded to turn weapons of destruction into tools for the greater good of society. The following text from the Bereshit Rabbah (21:13) further idealizes the land free of weapons, "The Rabbis, commenting on the words: 'He placed at the East of the Garden of Eden the Cherubim and the flaming sword' say: 'At the East of the Garden of Eden at the very spot where stood the Cherubim with the flaming sword - there was Gehenna created.'"
Our Jewish tradition demands that we continue to act for prudent gun regulation. By speaking to our children about guns, by mobilizing our congregations around the persistent threat of gun violence, and by doggedly demanding that Congress follow the will of the public rather than pursue gun lobby dollars, we may well see a reversal in the tide of gun violence. But unless we speak out, all that remains is the silence of victims punctuated by gun blasts.
The Reform Movement and Gun Control
The URJ has long recognized the need for legislation "that would limit and control the sale and use of firearms" and has called on the United States government to "eliminate the manufacture, importation, advertising, sale, transfer and possession of handguns except for limited instances." (URJ 1975). Over the years, the URJ has spoken out on gun control with particular passion, insisting that gun regulation is "a vital necessity."
Recently, the Reform Movement has made gun control a top priority. URJ President Rabbi Eric Yoffie made it the primary social action topic of his 1999 Biennial sermon and called for a nationwide campaign to end gun violence. The Biennial passed a resolution urging congregations to initiate projects and speak out publicly on the issue. As Rabbi Yoffie exhorted to the delegates at the biennial:
Let's send a message today to those who represent us in Washington. And the message is this: We care deeply about this issue and we will hold you accountable.
We are ready for a knock-down, drag-out, no-holds-barred battle against the NRA, which is the real criminals' lobby in this country, and which is drenched in the blood of murdered children.
True, we may not have the money of the NRA, but we've got savvy, grit, and passion. And we're going to find out who's getting NRA funds, and benefiting from NRA ads, and we're going to vote for the other guy.
This rhetoric transformed into action when on May 14th 2000, (Mother's Day), 750,000 people gathered on the Mall to call for common-sense gun control. In total, over a million mothers and others marched in Washington and in 71 other local marches across the United States. The URJ and the RAC were among the first groups to sign on in support of the March and were instrumental in getting the word out among other religious groups. The March was a tremendous demonstration of the vitality of the Reform Movement and our ability to organize for the sake of social justice and the safety of our children. In fact, many Jewish marchers traveled hundreds of miles to take part in the event. March organizers are currently reforming into a national organization. Rabbi Yoffie was also the only religious speaker at the event.
The North American Federation of Temple Youth (NFTY) has also taken an active stance this year with gun control. Following the lead of Rabbi Yoffie, NFTY passed a strongly worded resolution at their convention last year calling for stricter gun laws and have designated gun control as their social action theme for the year. Regional Social Action VPs and TYG officers have been busy planning events related to gun control advocacy, and the NFTY Garden Empire Region is preparing a regional-wide toy gun trade-in program. NFTY has been nominated by the Alliance for Justice to receive a national award for their youth advocacy efforts.
URJ and CSA Gun Control Resolutions
Publications
