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<a href="http://www.nytimes.com/"><img src="http://graphics8.nytimes.com/images/misc/nytlogo153x23.gif" alt="The New York Times" align="left" border="0" hspace="0" vspace="0"></a>
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<div class="">February 23, 2013</div>
<h1>Violent, Drunk and Holding a Gun</h1>
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<p>
Multiple mass shootings by deranged young men have made keeping firearms
out of the hands of mentally ill people a big part of the gun debate.
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<p>
Given the enormity of those crimes, that is understandable. Federal law
does, in fact, prohibit gun ownership by mentally ill people if a judge
has found them to be dangerous or they have been involuntarily committed
to a mental hospital. President Obama has also issued <a title=""Now I the Time" The White House, 1/16/13" href="http://www.whitehouse.gov/sites/default/files/docs/wh_now_is_the_time_full.pdf">executive orders</a>
to ensure that federal background checks include complete information
on people barred from owning guns for mental health reasons and to
clarify that federal law allows health care providers to report
patients’ credible threats of violence to the authorities. </p>
<p>
But a focus on mass murder, while critical, does not get at the broader
issue of gun violence, including the hundreds of single-victim murders,
suicides, nonfatal shootings and other gun crimes that occur daily in
the United States. And focusing on the mentally ill, most of whom are
not violent, overlooks people who are at demonstrably increased risk of
committing violent crimes but are not barred by federal law from buying
and having guns. </p>
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These would include people who have been convicted of violent <a title="Garen J. Wintemute" href="http://tinyurl.com/aol34tw">misdemeanors</a> including assaults, and those who are <a title="Daniel W. Webster, Jon S. Vernick" href="http://injuryprevention.bmj.com/content/15/6/425.extract">alcohol abusers</a>. Unless guns are also kept from these high-risk people, preventable gun violence will continue. </p>
<p>
<strong>VIOLENT MISDEMEANORS</strong> Federal law prohibits felons from
buying and possessing firearms; it also bars people convicted of a
misdemeanor crime of domestic violence. But it permits gun purchase and
ownership by people convicted of other violent misdemeanors, defined
variously under state laws, including assault and battery, brandishing a
weapon or making open, credible threats of violence. Many people
convicted of violent misdemeanors were originally charged with felonies
but then convicted of lesser charges because of plea bargains. And
research shows that people who have been convicted of any misdemeanors
and who then legally buy a handgun are more likely to commit crimes
after that gun purchase than buyers with no prior convictions. </p>
<p>
California provides a case study. It changed its law in 1991 to prohibit
individuals convicted of violent misdemeanors from buying guns for 10
years after the conviction. Before that, a <a title="Garen J. Wintemute, Journal of the American Medical Assn." href="http://www.ncbi.nlm.nih.gov/pubmed/9875875">study</a>
showed that gun buyers with even a single prior misdemeanor conviction
were nearly five times as likely as those with no criminal history to be
arrested for gun-related or other violent crimes. After the law was
enacted, a significant decrease in arrests <a href="http://www.ucdmc.ucdavis.edu/vprp/pdf/IneligibilityJTrauma.pdf">was attributed</a> to the denial of gun sales to people with misdemeanor records. </p>
<p>
<strong>ALCOHOL ABUSE</strong> Federal law prohibits the purchase and
possession of guns by anyone who is “an unlawful user of or addicted to
any controlled substance.” But the statute ignores alcohol abuse. That
is also a mistake. The <a title="See articles referenced in ftnts 13 to 18" href="http://www.jhsph.edu/research/centers-and-institutes/johns-hopkins-center-for-gun-policy-and-research/publications/WhitePaper102512_CGPR.pdf">evidence</a> linking alcohol abuse and gun-related violence is <a title="See toxicology results" href="http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5904a1.htm">compelling</a>. One <a title="Rivara, Meuller, Somes, Mendoza, Rushforth, Kellermann, JAMA" href="http://www.ncbi.nlm.nih.gov/pubmed/9268278">study</a>
found that subjects who had ever been in trouble at work for drinking
or were ever hospitalized for alcohol abuse were at increased risk of
committing homicide and suicide. </p>
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Other studies also suggest that alcohol abuse is a factor in the
association between gun ownership and the criminal justice system. The
difficulty in policing alcohol abuse for purposes of gun control is that
there is no precise definition of abuse. Pennsylvania, however,
provides a useful example. It bars gun purchases by those who have been
convicted of three or more drunken driving offenses within a five-year
period. That criterion identifies drinkers with demonstrated tendencies
toward recklessness and lawbreaking. </p>
<p>
President Obama has instructed the Justice Department to review the
federal prohibitions on gun ownership and to make legislative and
executive recommendations “to ensure dangerous people aren’t slipping
through the cracks.” The answers are already out there. </p>
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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