Making America Safe Requires More Than Mere Gun Control, but Gun Control

Doesn’t Hurt

Abstract: This article examines the debate over gun control. A review of each side of the

argument shows that courts have left room open for the legislative branch to control sales of

certain weapons, although rights to bear and keep arms as individuals are inalienable under

the Constitution. Correlational analysis of national statistics and comparisons between means

helps shed some light on the successes and failures of the historical system and strategy,

which worked in part for some groups, but did not accomplish more expansive goals nor

provide adequate relief to all Americans. Weapons bans may be effective, but the complexity

of the legal system makes it impossible to determine by the numbers. Solutions to firearms

crime problems prove elusive, so we take a look at what other nations do. An evolved hybrid

model approach is suggested as a possible means of resolving longstanding murder problems.

Keywords: Firearms, Murder, Violent Crime, Gun Control, Constitutional Law

I. Introduction

Firearms-related deaths in the United States are about as common as traffic fatalities.

Gun-related deaths in the U.S. exceed 30,000 annually, down from almost 38,000 in 1993 but

the decline has stalled. Motor vehicle-related deaths are less than 35,000 annually and on a

steady decline over the past 3 decades. Shooting-deaths are forecasted to exceed motor-

vehicle deaths by 2015 (Christoff and Kolet, 2012). Based upon these numbers, one might

suspect firearms are not at all regulated in the U.S., but such is actually not the case. The

Second Amendment1 is well-known as the source of rights to bear arms, but sui generis laws

and regulations are in no short supply.

1 U.S. Const. amend. II

The National Rifle Association (NRA) is frequently cited as referring to “20,000 gun

laws” in the United States (Kessler 2013). The Gun Control Act2 alone prohibits sales of

firearms to multiple categories of individuals. It is true that Americans own more guns per

capita than citizens of any other country (Gunpolicy.org 2013), creating the appearance of

unfettered rights to bear and keep arms. However, the Brady Act3 does require background

checks for potential gun owners. According to the Brady Campaign (2013), 95% of

Americans and 74% of National Rifle Association (NRA) gun owners are said to support

background checks prior to gun sales. Between 1998 and January of 2013, the FBI (2013)

conducted nearly 163 million National Instant Criminal Background Check System (NICS)

checks, resulting in over two million denials since the Brady Act was adopted.

In recent years, due to increased attention to multiple mass shootings, including at

schools in low-crime areas such as Newton, Connecticut, the classic firearms debate has re-

emerged as a headline topic. While scores of school shootings have occurred in the USA

since the 1990s (Brady Campaign 2012), relatively few made lasting impressions on the

general public nationwide. The Newton incident was an exception to the rule of fading public

attention, perhaps because of perceptions that such districts are immune to these types of

incidents. This murder of 26 students and 6 faculty members at Sandy Hook Elementary

sparked nationwide fury over access to military style weapons and prompted draft legislation

on gun control. Still, mass public shootings repeat throughout the country as little real

progress has been made toward eliminating the problem.

2 The Gun Control Act of 1968 (P.L. 90–618, 82 Stat. 1213) as amended by the Brady Act (18 U.S.C. § 922(g) (1)-

(9) and (n)) prohibits the sale or transfer of firearms to (1) persons who have been convicted or are under indictment by a court for crimes punishable by more than one year in prison, (2) fugitives, (3) drug addicts, (4) persons who are mentally defective or have been committed to a mental institution, (5) illegal aliens, (6) persons dishonorably discharged from the military, (7) persons who renounced American citizenship, (8) persons subject to a restraining order, (9) persons convicted of domestic violence. 3

P.L. 103-159, Title I; 107 Stat. 1536.

Boundaries of acceptable individual fatality risk are usually defined as below a

probability of 1 in 1,000 per year, with the “gold standard” being 1 in 1 million per annum

(Hunter and Fewtrell 2001). Murder rates below 10 per 100,000 are well within standardized

acceptable risk ranges, but various “fright factors” reduce risk tolerance, such as when

children, pregnant women, or innocent bystanders are victimized. Mass murders have also

risen over the past few decades, increasing fear and decreasing acceptance (Archer 2012).

Whereas public reactions to other violent crime nationwide are limited, intense attention

toward school shootings and random mass murders has yielded an assortment of surrounding

complaints, not the least of which is gun control. More specifically, restrictions on sales and

ownership of assault weapons have been at the core of calls for changes to the system.

Proponents of assault weapons bans consider restrictions a clear path toward lowering

incident prevalence while opponents raise questions of effectiveness and legality.

This article examines gun control in the United States, focusing on established case

law and empirical evidence obtained through statistical analysis of crime data. A review of

gun control arguments shows that courts have left room open for the legislative branch to

control sales of certain weapons, although rights to bear and keep arms as individuals are

inalienable under the Constitution. Crime statistics imply that a change in policy, strategy or

approach may be useful in securing a more civilized public safety record in the United States.

Correlational analysis of national statistics and comparisons between means helps shed some

light on the successes and failures of the historical system and strategy, which worked in part

for some groups, but did not accomplish more expansive goals nor provide adequate relief to

all Americans. Weapons bans may be effective, but the complexity of the legal system makes

it impossible to determine by the numbers. Solutions to firearms crime problems prove

elusive, so we take a look at what other nations do. An evolved hybrid model approach is

suggested as a possible means of resolving longstanding murder problems.

II. Constitutionality

“A well regulated Militia, being necessary to the security of a free State, the right of

the people to keep and bear Arms, shall not be infringed.”

A. Collective or Individual Right?

Perhaps no other part of the Constitution is the source of more controversy than the

Second Amendment, yet it is only 27 words and not excessively vague. A simplified model

of the debate pits interpretation for individual rights against that for collective rights. One

side holds that the amendment’s ordinary meaning4, if construed as a whole rather than in

parts, ties the right to bear and keep arms to a well-regulated militia, which suggests less for

individual rights and more for States’ rights or collective rights.

United States v. Miller5 dealt with questions related to a dangerous and unusual

weapon of the time – a sawed off shotgun. U.S. Attorney General John Walsh drew on the

Miller case, saying “there clearly is room for reasonable regulation particularly of dangerous

and unusual weapons” (McKelway 2013). The Supreme Court, quoting another case6,

determined “the federal government can limit the keeping and bearing of arms by a single

individual as well as by a group of individuals, but it cannot prohibit the possession or use of

any weapon which has any reasonable relationship to the preservation or efficiency of a well

regulated militia.” Questions regarding the reach Miller extended to regulators remained for

decades, during which time the American Courts gave little and vague direction on

interpretation of the Second Amendment.

Following World War Two until the early 1960s, murder rates in the USA fell to their

lowest levels since the beginning of the 20th century (U.S. National Center for Health

4 See United States v. Sprague, 282 U.S. 716, 731, 51 S.Ct. 220, 75 L.Ed. 640 (1931); Gibbons v. Ogden, 9

Wheat. 1, 188, 6 L.Ed. 23 (1824); District of Columbia v. Heller, 128 S.Ct. 2783 (2008).5

United States v. Miller 307 U.S. 174 (1939) at 178. 6

Cases v. United States 131 F.2d 916 (1942).

Statistics 1967). Then, in the 1960s through 90s, social and political upheaval ravaged

American communities at a time when mass production and marketing made weapons more

readily available. Murder rates and totals underwent a parabolic rise and fall between the late-

60s and late-90s, after which time both leveled-off above the numbers from early 1960s (FBI

2013). Between 1960 and 1970, white populations in central cities experienced roughly 10-

17% decrease (Blakeslee 1978). For example, Detroit was more than 60% white when the

1967 riot happened. By 2012, Detroit was maybe 6% white (Lessenberry 2012). This “white-

flight” left inner-cities poor, dangerous, and without effective public safety.

Increased access to firearms created opportunity for liberals to argue against broad

rights to own and keep firearms, who argue that gun ownership and possession increase risks

of shootings and homicides (Brady Campaign 2013). Conservatives took the same

opportunity to argue that such danger increases the need to have firearms, which seems to

have been the more successful side of the argument. Since 1991, 24 states adopted right to

carry laws, bringing to the total to 41, which the NRA (2012) says makes Americans safer. In

District of Columbia v. Heller, the Supreme Court held that a Washington D.C. ban on

handgun possession in the home violates the Second Amendment. Justice Stevens, dissenting,

argued “[t]he view of the Amendment we took in Miller—that it protects the right to keep

and bear arms for certain military purposes, but that it does not curtail the Legislature's power

to regulate the nonmilitary use and ownership of weapons—is both the most natural reading

of the Amendment's text and the interpretation most faithful to the history of its adoption”7.

Heller was applied in McDonald v. Chicago8 when the Court held individual rights to bear

arms may enhance public safety, and as a result quashed the collective rights side of the

interpretation debate.

7 District of Columbia v. Heller, 128 S. Ct. 2783 (2008).

8 McDonald v. Chicago 130 S.Ct. 3020.

B. Limitations on Ownership

Both Heller and McDonald dealt with the legality of possessing handguns. Handguns,

while the most lethal type of firearms, are not unusually dangerous when compared to other

varieties of firearms. Assault weapons named in the 1994 Federal Assault Weapons Act9 and

similarly-functioning models (Brady Center 2008) are sufficiently unusual such that the

Constitution has been interpreted to allow for their ban. AK47s, MAC-10s, TEC-9s, Uzis,

AR-14s are well known assault weapons that fell under the 1994-2004 ban. A lesser-known

problem arose shortly after the ban went into effect, when firearms manufacturers started

making “copycat” models such as the Bushmaster XM-15. Olympic Arms produced its PCR

– “Politically Correct Rifle”, and Intratec released its AB-10 – “After Ban-10” (Brady Center

2004).

The Court in Miller10, most notably, commented on uncommon firearms. Obviously,

military-style weapons bear some relationship to a standing militia, but lacking an organized

structure, individuals in possession of such weapons are not likely to fit the description of

members of a militia. Justice Scalia commented in Heller11 that “[f]rom Blackstone through

the 19th-century cases, commentators and courts routinely explained that the right was not a

right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever

purpose.” Little reasonable doubt remains as to the Constitutionality of gun control.

Presidents Lyndon Johnson, Bush Sr., and Clinton each used their executive authority to issue

orders on the sale of guns and ammunition (Williams 2013). The Constitution does not

explicitly address Presidential powers to control guns under executive order, but it has been

interpreted to include such grants of power. In addition to being head of the militia, the

9 P.L. 103-322 (1994) (repealed 2004).

10 United States v. Miller 307 U.S. 174 (1939).

11 District of Columbia v. Heller, 128 S. Ct. 2783 (2008).

President “shall take care that the laws be faithfully executed”12. President Obama signed 23

gun control orders following the Newton, Connecticut massacre (Curtis 2013).

III. Spending Increases and Bans Have Not Solved the Problems

Assessments of violent crime, homicide and firearms-related crime data focus on

national levels and aggregate statistics. Localized reductions, if not part of a general

nationwide trend, are not often interpreted as having great significance. For a variety of

reasons, some communities are safer than others, but the overall safety of the nation or region

is judged by examining a more geographically diverse sample.

Although there is no doubt that increasing direct expenditures on public safety from

the zero level directly results in crime reduction, questions linger regarding the marginal

benefits of increases past a certain point. Beyond this unknown maximum, there may be

diminishing returns on each additional monetary unit spent on justice systems. Unfortunately,

criminal justice systems are too complex and crime levels influenced by too many

uncontrollable variables to pinpoint precise returns on expenditures.

Budget crises in the U.S. give new life to debates about spending and effectiveness of

public safety models. Some analysts argue that indirect spending on institutions like

education enhances public safety and deters crime (Wynne 2012). Still more reflect upon the

impossibility that is perpetual increases in budget expenditures, and the need for a redesigned

approach to tackling crime. Rivers (2011) of the Bureau of Justice Assistance wrote “State

and local expenditures in corrections grew to nearly $72 billion in 2007 and have outpaced

our ability to afford a “one size fits all” justice approach. Evidence-based and cost-effective

solutions are imperative in today’s economic environment.” Evidence-based policy and

action is needed to maximize efficiencies of human and capital resources. Violent crimes are

of a serious nature, but the need for a more scientific approach to issues is still present despite

12 U.S. Const. art. II, §3, cl. 4.

the highly emotional social context. In order to accurately and reliably comment on the future

direction of gun control and violent crimes policy, statistical analyses are imperative.

A. Relationships between Justice Expenditures and Firearms-Related Murder

Data were retrieved from the FBI and Bureau of Justice Statistics (2010; 2013).

Between 2001 and 2009, total homicides ranged between 13,636 and 15,087. Firearms-

related homicides ranged between 8,890 and 10,225; 66.75% of total murders were related to

firearms. Between 2001 and 2009, federal expenditures grew from $25.3 billion to $46.9

billion; State expenditures grew from $58.8 billion to $80.9 billion; and local expenditures

grew from $83 billion to $130 billion. Data regarding direct expenditures at Federal, State,

and Local government levels were entered into SPSS alongside total murders, murders with

firearms, and murders by weapon type data. Pearson product-moment correlations were

calculated to determine what, if any, relationship between spending and firearms murders

existed for years between 2001 and 2009. Data were approximately normally distributed as

assessed by Q-Q plots.

Federal expenditures were not correlated to total murders (r = -.074, p = .805),

murders by firearms (r = .218, p = 5.74), murders by rifle (r = -.337, p = 3.75), or murders by

handgun (r = -.420, p = .260). State expenditures were not correlated with total murders (r =

-.057, p = .884), murders by firearms (r = .191, p = .622), murders by rifle (r = -.293, p

= .443), or murders by handgun (r = -.455, p = .219). Local expenditures were not correlated

with total murders (r = -.071, p = .856), murders by firearms (r = .219, p = .571), murders by

rifle (r = -.348, p = .358), or murders by handgun (r = -.422, p = .258). Statistically

significant, strong negative correlations were found between murders by shotgun and federal

direct expenditures (r = -.699, p = .036), and state expenditures (r = -.770, p = .015), and local

expenditures (r = -.730, p = .026).

B. Impacts of Spending Constrained by Race and Relationship of Victims

Tables were retrieved for violent victimizations by weapon category, race-expanded

categories, and victim-offender relationship for years 1995-2010. Bureau of Justice Statistics

(1995-2010) data were entered into SPSS alongside justice expenditures data. Data were

approximately normally distributed as assessed by Q-Q plots and Shapiro-Wilk tests (p

> .05). Pearson product-moment correlations were calculated to determine relationships

between variables.

Very strong, statistically significant negative correlations were found between

victimization of whites and federal expenditures (r = -.828, p < .0005), state expenditures (r =

-.894, p < .0005), and local expenditures (r = -.852, p < .0005). No statistically significant

relationships were found between federal expenditures and victimization of black (r = -.428,

p = .111), or victimization of Asia-Pac (r = -.403, p = .136) race categories. No statistically

significant relationship was found between state expenditures and victimization of blacks (r =

-.465, p = .081), or victimization of Asian-Pacific (r = -.403, p = .136). No statistically

significant relationship was found between local expenditures and victimization of blacks (r =

-.466, p = .080), or Asian-Pacific persons (r = -.364, p = .183).

Between 1995 and 2010, increases in direct justice expenditures at the federal, state,

and local levels were highly correlated with decreases in firearms-related violent

victimization of whites, but no such effects were noticed among black or Asian-Pacific

victims13. Near-perfect negative correlations between expenditures and victimization of

whites imply uneven distribution of expenditures throughout districts. At the local level

13 Bureau of Justice Statistics, National Victimization Analysis Tool (NVAT), http://bjs.ojp.usdoj.gov/index.cfm?

ty=nvat (last visited Feb. 28, 2013). Tables were retrieved for violent victimizations by weapon category, race-expanded categories, and victim-offender relationship for years 1995-2010. NVAT data were entered into SPSS alongside justice expenditures data (Id.).

where the highest expenditures are seen, this is a product of local economy and tax revenue,

where wealthier districts are in a better position to provide higher quality public safety.

Considering that yearly victimization of whites14 was more than twice as prevalent as

victimization of blacks and Asians combine, a strategy designed to reduce victimizations

among the highest-risk group was rational although its effects were politically incorrect.

These uneven impacts left multiple high-violence neighborhoods across America.

Increased expenditures were also very strongly correlated with reductions in firearms-

related violent victimization of strangers and acquaintances, but no statistically significant

relationship was found between expenditures and victimization of intimates or relatives.

SPSS Pearson tests showed federal expenditures were significantly negatively correlated with

firearms-related violent victimization of strangers (r = -.823, p < .0005), and victimization of

well-known persons or acquaintances (r = -.598, p = .019). Highly significant negative

correlations were also found between state expenditures and victimization of strangers (r =

-.877, p < .0005) and of acquaintances (r = -.708, p = .003). Local expenditures were

significantly negatively correlated with victimization of strangers (r = -.843, p < .0005) and

of acquaintances (r = -.635, p = .011). No significant relationships were found between

federal expenditures and victimization of intimates (r = -.483, p = .068) or of relatives (r

= .167, p = .569), between state expenditures and victimization of intimates (r = -.506, p

= .054) or of relatives (r = .199, p = .495), nor between local expenditures and victimization

of intimates (r = -.486, p = .066), or of relatives (r = .128, p = .664).

Reductions in victimization of strangers may relate to decreases in victimization of

whites in such crimes as car-jackings and muggings. Racial disparities in sentencing

(Mustard 2001) may also factor into unequal relationships between expenditures and victim

14 Firearms-related victimization of whites (430,222 ± 207,763) included Hispanics; mean and standard

deviation among blacks were 181,454 ± 68,241; and among the Asia-Pacific race category: 16,932 ± 11,464. Id.

categories. Judicial discretion, not limited to “subconscious bias” has been at the root of

racial disparities in sentencing (Fischman and Schanzenbach, n.d.). Whereas expenditures

may be increased with intent to protect primarily white populations, sizeable portions of those

expenditures go toward prisons which house primarily black and Hispanic inmates (Rattray

and Lee 2012). An estimated $18,000 per year is needed to house each of the more than

53,000 prisoners in the State of Georgia, more than 60% of which are black. 2011 statistics

for federal and state sentenced prisoners show that roughly 62% of 1.537 million prisoners

were black and Hispanic. While 0.5% of white males were in prison in 2011, 3.0% of blacks

and 1.2% of Hispanics were incarcerated (Carson and Sabol 2012).

C. Inconclusive Effects of Assault Weapons Ban

In the months following the Sandy Hook elementary shootings, debates ensued over

the effectiveness of the 1994 Act and appropriateness of a renewed term or similar new

legislation. Partisan politics dominated the conversation, with Republicans balking at

encroachment on their interpretation of Constitutional rights, and Democrats pushing for a

new ban (Przybyla 2013). President Obama voiced support for gun control legislation as the

2013 Assault Weapons Ban was introduced (Chu 2013). Valid arguments exist on both sides

of the issue, leading to questions of a more empirical nature.

If evidence were clear that the 1994 Act were effective, then it would be easier to gain

broader support for a renewal. However, it is not objectively clear whether or not the 1994

Act was primarily or directly responsible for reductions in firearms-related incidents. A clear

and remarkable drop in homicide and firearms-related violent crime levels occurred in the

first few years of the 1994 ban, but no increase back to levels prior to the ban was seen after

its 2004 expiration, suggesting that numerous other factors contributed to the reductions in

homicide and firearms-related violent crime. Significant differences in homicide levels are

noticed between years in which the Act was active and those prior to its enactment, and

between years following its expiration and those prior to its enactment, but no such difference

is found between years during which it was valid and those after its expiration (US Census

1980-2008; FBI 2009).

Three strikes laws, among other more obvious interfering factors, make isolating the

effects of the 1994 Act impossible. Twenty-four States adopted three strikes laws around the

same time as the 1994 Act (National Institute of Justice 1997). We could thus infer that

stricter penalties rather than the assault weapons ban were most responsible for decreases in

firearms crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reported a

drop in involvement of assault weapons in crimes during the ban, but the magnitude was

again minimal considering that less than 5% of gun crimes involved assault weapons prior to

the Act (Brady Center 2004; 2008) and handguns consistently make up 75% or more of total

firearms murders (FBI 2001-2009).

IV. Elusive Solutions

Benefits of gun control laws and regulations are implicit despite the apparent lack of

undeniable evidence of their past successes. Gun control prior to the 1968 Act was virtually a

non-issue, and yet murder rates and totals in those years were half to two-thirds those of the

first decade and more of the new millennium. When Michael Moore helped survivors of the

Columbine shooting motivate Kmart to stop selling ammunition (AP 2009; Moore 2003), the

result was a moral victory rather than a tangible solution to gun crime. In much the same

way, new gun control statutes and regulations provide mostly moral support. Obama’s gun

control gives some closure to survivors and family members of victims of shootings, and

appeals to the more emotional side of the public. Political remedies win over many hearts and

minds, and help stigmatize the culture of assault weapons and murder in the U.S., but the flat

and high numbers show the problems are persistent. In devising potential cures for the gun

violence illness, assessment of the issue worldwide can offer some guidance.

A. United States of America: Murder Capital of the Developed World

Americans have not infrequently been characterized as “gun nuts”. When British-

national CNN anchor Piers Morgan took a strong position on gun control after the Sandy

Hook shootings, Alex Jones (2013) started a petition to deport Morgan. Simon Kelner (2012)

from the British Independent labeled Jones a “gun nut”, and stood up for Morgan, saying “To

English eyes, a demand for the restricted ownership of firearms seems non-controversial, but

over there it has led to calls for his deportation for impugning the second amendment of the

US Constitution (the right to bear arms).”

It is no secret that Americans are more murderous than Europeans. According to the

European Commission (2012), for years 2007-2009, “[a]cross the whole of the EU-27 there

were 1.3 homicides per 100,000 inhabitants, ranging from a high of 8.3 in Lithuania – and 6.1

in neighbouring Estonia – down to less than 1 in Spain, Germany, Slovenia and Austria.”

Statistical studies from the U.S. frequently cite stark reductions in homicide over the past

three decades, but for U.S. homicide rates to be on track with EU-27 rates, total murders in

the USA would need to be reduced by a factor of three. This may seem like an unrealistically

onerous endeavor, but it is fitting that the world’s wealthiest nation would also be one of the

world’s safest and least violent. Rates do not tell the whole story, but in the case of

homicides, rate comparisons are more hopeful than those with nominal totals. A comparison

of murder rate within the OECD shows that in the U.S. (5.0) is higher than all others except

for Estonia (5.2) and Mexico (18.1).

Only a handful of countries have higher homicide totals than the United States

(UNODC 2011). For example, in 2008 in Africa, only Ethiopia (20,239), South Africa

(16,834), and Nigeria (18,422) had more homicides than the 2009 U.S. total (15,241). In the

Americas, 2010 Mexico (20,585), 2009 Brazil (42,909), and 2010 Colombia (15,459) totals

exceeded the benchmark 15,000 number. Elsewhere in the world, 2008 Indonesia (18,963),

2009 India (40,752), and 2009 Russia (15,954) surpassed the 15,000 mark.

We can blame the NRA, GOP, and characters like Glenn Beck Characters like Glenn

Beck, but there is much more racially and socio-economically diverse, bipartisan opposition

to gun control as seen in celebrity media culture. Rappers, most notably, are generally the

antithesis of the GOP agenda, but they love their guns too (BET 2012). Since the 1990s,

assault weapons have been called out by name in lyrics of hundreds of rap songs. Some

rappers, like “Mack 10” and “Tech N9ne” named themselves after banned weapons. This

element of American culture depicts a fascination with gangsters, violence and crime.

“Scarface” is both a popular film and the stage name of a rap music star. Exposure to and

consumption of such media is not demographically constrained, and implications are

significant.

B. A Look at Foreign Systems

In 1996, Thomas Hamilton, 43 years-old, killed 16 children aged five and six and

their teacher in a school in Dunblane, Scotland. Britain, which has no “gun culture”

comparable to the USA, swiftly became engaged in a publicly-supported process to reduce

risks of gun violence, leading to a legislative ban on private ownership of handguns in the

mainland. The law was passed within a year and a half of the Dunblane shootings. Following

the enactment of the statutory ban, gun crime decreased by more than 50% from peak levels

in the 1990s, and handgun crimes fell 44% between 2002/03 and 2010/11 (Wilkinson 2013).

Anti-gun advocates cite successes of countries like the UK, which adopted a ban on private

ownership of all handguns after the 1996 Dunblane massacre.

Debate in the public media includes calls for bans on guns in America (Lexington

2013). One would need to ignore statistics to conclude that bans on guns are not related to

low prevalence of gun violence, but regardless of merits and successes of these types of

policies, such a restrictive approach is not suitable for the USA. The Constitution does indeed

provide rights to own and keep firearms.

Aside from prohibition, there are certain social, political, and institutional changes

that could occur in the U.S. In Japan, the community-policing model has been incredibly

effective. Koban and chuzaisho (police boxes) are standardized into every neighborhood.

Instead of roving streets in patrol cars, one or more officers per shift are appointed to a fixed

location in neighborhoods (NPA Japan, n.d.). In urban areas such as Detroit, where property

values have plummeted due to foreclosures, a house could be used as both a residence and

mini police station. Such integration of the police into communities in the U.S. could deter

crime in high-risk locations, reduce response time, improve public relations, and get civilians

more involved in public safety.

Throughout the East Asian world, the Confucian legal and social tradition motivates

individuals and communities to prevent and deter crime without formal government

assistance. In contrast to the Common Law and Civil Law traditions, the Confucian tradition

does not rely upon the coercive State to create social order. Instead, independent compliance

with a moral order is stressed. Corrections are handled primarily through a system of

informal processes, generally within the family and localized social hierarchy. Involvement

of the formal courts is somewhat of a last resort (Dammer and Albanese 2011). Although

adoption of such a less-formal system would be unappealing to many Americans who prefer

the adversarial style of the Common Law, if more informal measures could be used within

communities, corrections spending could be reduced and criminal histories would not as

often restrict class mobility.

Neighborhood Watch programs are popular throughout the United States. In

Vancouver, Canada, the police integrated volunteers and civilians a bit more to enhance the

effect of such programs. Citizens’ Crime Watch volunteers are trained and coordinated by

police officers who work with volunteers to patrol streets. If civilian patrol cars encounter an

incident, they do not get directly involved, but they use their equipment to call in an officer.

Vancouver’s innovative public safety strategy also includes community policing centers that

are operated, staffed and governed by members of the local civilian population (Vancouver

PD 2013). These types of projects could be combined with police box and informal remedies

to provide real, cost-efficient, minimally-invasive community-based public safety throughout

the U.S.

C. Developing a New Strategy

Each word in the Second Amendment is articulated intentionally to serve a specific

purpose, thus not only is a militia necessary, but a “well-regulated” one. Although many

States have adopted statutes which mention the common private militias, they are not

integrated into any system of defense to the extent of National and State Guards (Hamrick

2006). Militias do not conduct background checks and manage personnel similar to organized

military forces, perhaps best exemplified by the Michigan Militia (2013) association with the

Oklahoma City bombing. Whereas the Michigan Militia posted on its website a picture of a 9

year-old girl shooting a rifle while wearing a gas mask, if classified as per se military

organizations, militias would have to cease involvement of minors as per International

Humanitarian Law Rules 136-137 (ICRC 2013).

On the matter of assault weapons bans, if militias wish to petition the government for

exemption to general rules, then this may be an option whereby such organizations could

retain rights to bear certain arms. In such a case, standing militias would need to first

organize more and cooperate with State agencies to register their members, perhaps issuing

renewable militia identification cards. Otherwise, if individuals cannot show that they are

actively involved in a well-regulated militia, then the Constitution does not extend rights to

bear any and all arms.

Assault weapons are not the primary cause of gun violence, though. Handguns are the

main problem, and efforts to reduce their illegal use to a level concurrent with developed,

civilized nations have been largely ineffective. Increased spending has not solved the

problem of murder in the USA. Legislative measures do remain the most attractive approach

on the government end toward curbing gun crime. However, the American populace is

resistant to various government initiatives to the extent that it is unlikely the traditional

coercive powers of the State will effect a comprehensive remedy. The leveling-off of murder

totals against increased justice spending suggests that the government has reached its

maximum level of power, regardless of increased inputs.

More social involvement is needed to effectively minimize murders in the United

States. Simply ignoring the problems by moving out of the cities or into increasingly

ruralized districts does not help the collective American society. Historical “white-flight”

obviously relocated tax revenues and investment capital, leaving major cities like Baltimore,

Oakland, and Memphis without sufficient finances to protect citizens while still providing

other basic services. In many cases, revision of State and County budgets is needed to support

enhanced policing. In other cases, such as that in Detroit, annexing the suburbs into New

York style boroughs is a possible solution. Of course, these types of budgetary maneuvers are

impractical in times of sequestration and public bankruptcy (Cowan and Bell 2013). Thus, the

majority of the burden rests on individuals and smaller-scale communities.

To consider the American people wholly disinterested in the safety of their

communities would be blind to the overwhelming show of support for legal action in cases of

violent crime, especially those related to firearms. However, reliance upon the police and

courts, in many cases, is a fault of the American perspective which contributes to failure to

achieve reasonably safe city streets and blocks. The outlook that public safety should be left

to public officials and servants will likely lead to another ten years like the last, with

homicides around 15,000 annually. Larger-order problems in the American society require

more integrated social action, which could pose significant challenges to the individualist

culture (Hofstede 2013). Most likely, a real socio-cultural transition needs to occur in the

U.S. for the world’s most economically powerful nation to join its wealthy peers when it

comes to homicide rankings. Since we live in a period of change, we may have sufficient

opportunity to grow as a people, learn, adapt, and evolve into the great society that Lyndon

Johnson may have desired when he signed the 1968 Act into law.

D. An American Legal Tradition

The Analects of Confucius (Eno 2012) professed “[g]uide them with policies and

align them with punishments and the people will evade them and have no shame. Guide them

with virtue (de) and align them with li and the people will have a sense of shame and fulfill

their roles.” From this wisdom we gather that right living must come from within the

individual, which runs contrary to basic principles of the dogmatic and paternalistic historical

Western State. In order to adapt to a multicultural system, a diverse and inclusive institution

is likely a powerful construct.

Some elements of each type of legal system will be of use in developing a truly

American tradition – that reflecting the melting pot culture. English Common Law forms the

basis of jurisprudence, but in many cases a less adversarial approach would help quell

cynicism, fear and hatred of the government. Longer investigations and a more inquiry-based

process in the style of Civil Law systems could help reduce court expenditures and improve

judicial economy. Combining informal remedies and community responsibility, similar to

Confucian tradition, could help further reduce inefficiencies in criminal justice systems.

Finally, more appropriate application of religious principles and personalized handling of

persons of different religions, in the style of Sacred Law systems, could help motivate

citizens to voluntarily comply with laws. Citizens may well favor a balanced approach,

focusing exclusively on neither factual nor legal guilt, but rather a fair combination of the two

with the aim of rendering win-win outcomes. Rehabilitation should also be explicit objectives

of American criminal justice systems. Such advancements would undoubtedly challenge

norms and require paradigm change, but the risks are worth it if real safety is a result.

V. Conclusion

A murder rate of 5.0 per 100,000 inhabitants is obviously tolerable to many people.

Due to the greater magnitude of their impacts, extreme incidents like school shootings, sniper

attacks, and mass murders in public places cause public outrage and spur demands for

increased gun control. Incidents with multiple fatalities are much less probable and represent

a much smaller percent of the total homicides yearly when compared to single fatality

incidents. Likewise, incidents involving assault weapons are much less frequent and cause far

fewer fatalities than handgun incidents. Statistics have shown clearly that new gun control

legislation will not likely cause major impacts, but notwithstanding their potentially mute

effects, they are certainly not without value. Other civilized nations ban military style

weapons. Americans should feel proud to be among such elite external powers in adopting

bans. The underlying, long-term problem with misuse of firearms however, is another matter

entirely.

Rights to bear arms are clearly set out in the Constitution, which as the “supreme law

of the land”15 will be the guide for all American gun laws. Court interpretation supports

possession of handguns in homes. Courts may at some future time support possession of

military style weapons for active and documented members of recognized, well-regulated

State militias, if such organizations are properly managed and transparent. In the present-

tense, acceptance of statutes and case law are imperative. While it is true that “guns don’t kill

people – people kill people” (Filipovic 2012), the more complete truth of the matter is that

people kill people with guns. Some guns make killing multiple persons easier. Those guns

have been banned in the past, and future bans are within the Constitutional limits.

In closing the debate, we should look toward the future. If people wish to honor

victims at school shootings, they should join in the cause of making American safer in

general. This broader goal of decreasing homicides to less than 8,000 in total, a rate of less

than 2.5 per 100,000 or lower, requires incredible effort. No amount of public funds is or will

be available that could directly cause this drastic reduction. Such an expansive, ambitious

target will be reached only through grassroots, community-level channels. Volunteer,

interactive, informal and community-based policing are all great ideas, but they require

support from other institutions to be successful. Integrated efforts between branches of

government and between departments like education and corrections will be essential. Public-

private partnerships are of indelible importance. Macroeconomic stability will help, but there

are other means of establishing community responsibility without widespread upward

mobility or constant growth. Religious organizations and charities have powerful effects in

creating moral integrity among people of all classes.

In summary, positive, sustained action is needed on both side of the aisle and both

sides of the courtrooms. Private Citizens need to do more for their communities and they

15 U.S. Const. art. VI, cl. 2.

must do so out of a sense of personal responsibility for society. Governments need to

persuade the public to cooperate more. If the American public felt a sense of ownership over

their legal system, if they felt their individual opinions and beliefs were represented in their

government, they could be more easily moved toward obedience of criminal codes,

compliance with laws of torts, respect for civil rights and other sections of statutory

guidelines. In a democratic society, such wholly representative government should be an

explicit objective, it should be a fundamental goal, and it should be obligatory. We people

should feel honored to make such revolutionary steps, and we should happily move toward a

more harmonic civilization.

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