Gun Homicides

[USA Facts]
"In 2020, the national homicide rate increased by 30%. That is the largest single-year increase in over a century.

However, not all types of homicide grew at the same rate. Between 2019 and 2021, firearm homicide rates increased 44%, from 4.6 victims per 100,000 people in 2019 to 6.7 victims per 100,000 people in 2021. Alternatively, homicides committed by cutting or stabbing injuries or suffocation – the next most common methods of killing – decreased 17% and 33%, respectively.

While the firearm homicide rate had been slowly decreasing from a peak of 6.8 victims per 100,000 people in the early 1990s, rates have since returned to those levels..."
Firearms and Homicides 

National Firearms Commerce and Trafficking Assessment (NFCTA): Crime Guns - Volume Two

"The National Firearms Commerce and Trafficking Assessment (NFCTA) is a comprehensive examination of commerce in firearms in the United States and the diversion of firearms to illegal markets. Produced by a team comprised of ATF subject-matter experts, academics from a variety of disciplines specializing in research relating to firearms, and other law enforcement professionals, the NFCTA is designed to provide the public, researchers, and policymakers with analysis of data lawfully collected by ATF as part of its regulatory and law enforcement missions to inform the dialogue on firearm law and policy. To ensure comprehensive analysis, the NFCTA is being produced in several volumes. In May 2022, ATF published Volume I, Firearms in Commerce. Volume I presents data, information, and analysis specific to the manufacture, import, export, and sale of firearms by the regulated firearms industry in the United States. This second volume of the NFCTA, Crime Gun Intelligence and Analysis, focuses on data, information, and analysis relating to crime guns recovered by law enforcement during domestic and international investigations. Importantly, ATF accesses this data and information pursuant to specific statutory authorities and within the restrictions set by Congress to protect the privacy of lawful firearms owners.

The information that ATF relies upon to execute its law enforcement mission of protecting the public from firearm-related violence is derived from several sources. Collectively known as “Crime Gun Intelligence” (“CGI”) these sources include crime gun trace results derived from records that federal law requires federal firearms licensees (FFLs) to maintain about firearms they manufacture and distribute; ballistics data and analysis generated by ATF’s National Integrated Ballistic Information Network (NIBIN); and investigative information developed by ATF agents, other federal law enforcement agencies (LEAs), and local, state, territorial, tribal, and international law enforcement partners. Using these information sources, ATF routinely generates bulletins for law enforcement and industry, and issues public safety advisories for all citizens. This Volume of the NFCTA, however, represents the first comprehensive report incorporating crime gun information from the full range of sources used by ATF in more than twenty years. Advancements in ballistic analytical technology and information processing during this period have enhanced ATF’s capacity to support law enforcement efforts to identify, investigate, and prosecute those who use firearms to commit violent offenses and the traffickers who illegally divert those crime guns to criminals. Volume II describes in detail the sources of information that constitute CGI, and how CGI is leveraged to promote effective investigation of firearm-related violence.."
Firearms assessment 

Federal Firearms Law: Selected Developments in the Executive, Legislative, and Judicial Branches

"Firearm regulation in the United States is an area of shared authority between the federal, state, and local governments. At the federal level, firearm commerce, possession, and transfers are governed largely by two statutory regimes: the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The NFA imposes stringent taxation and registration requirements for a specific set of statutorily defined “firearms” deemed to be especially dangerous, such as machine guns and short-barreled rifles. The GCA, which is more broadly applicable to most kinds of commonly available firearms, regulates the manufacture, transfer, and possession of firearms in multiple ways. Among other things, the GCA prohibits certain categories of persons from possessing or receiving firearms and requires individuals or entities “engaged in the business” of manufacturing or selling firearms to be federally licensed (referred to as FFLs). The GCA also obligates FFLs that manufacture firearms to identify each one by means of a serial number and requires FFLs that transfer firearms to conduct background checks on each prospective transferee. Current federal law does not require unlicensed persons who wish to make or assemble a firearm for personal use to stamp it with an identifying serial number, nor must such persons who wish to transfer a firearm from a personal collection or as a hobby conduct a background check on the person to whom the firearm is to be transferred.

Recent developments in all three branches of government could affect how these and other provisions of the NFA and GCA are interpreted and applied. In the executive branch, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), an agency within the U.S. Department of Justice (DOJ), has issued a proposed rule that would clarify when some larger pistols equipped with stabilizing or arm braces are considered short-barreled rifles subject to NFA requirements. Additionally, in an effort to mitigate the availability of so-called “ghost guns”—i.e., firearms that are not identifiable by means of a serial number or other information stamped on the firearm and that are thus more difficult to trace when used in crime—a second ATF proposed rule would, in part, amend regulatory definitions of the term “frame or receiver” (the principal firearm component to which a serial number is affixed) to require serial numbers for certain firearm component kits and incomplete frames and receivers. Beyond these two proposed rules, DOJ also recently published a model “red flag” law—essentially, a provision permitting a court to issue a temporary order barring a person at risk of gun violence from possessing a firearm— that states seeking to establish such laws may use as guidance.

In the legislative branch, three bills in the 117th Congress have passed the House of Representatives that would alter aspects of the current federal background check process and the categories of persons prohibited from possessing or receiving firearms. H.R. 8 would extend federal background check requirements to most private firearm transfers between unlicensed persons. H.R. 1446 would expand from three business days to a maximum of twenty business days the length of time an FFL must wait before transferring a firearm when a background check does not return a definitive answer regarding the legality of the transaction. Lastly, H.R. 1620 would, among other things, amend the categories of persons prohibited from possessing firearms based on conviction of a misdemeanor crime of domestic violence or entry of a protective order for the benefit of an “intimate partner,” among other things, to encompass crimes and orders related to persons in more casual dating relationships and to include a new category for misdemeanor stalking convictions.."
Firearms law 

Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016

"

About 21% of state and federal prisoners said they possessed a gun during their offense.    Among prisoners who possessed a gun during their offense, 90% did not obtain it from a retail source and 99% did not obtain it from a gun show.    Handguns were the most common type of firearm used by state and federal prisoners, as 11% used one during their offense.    Black state prisoners were more likely to have possessed a gun during their offense (29%) than white (12%) or Hispanic (21%) prisoners..."

Firearms use in crimes

Source And Use Of Firearms Involved In Crimes: Survey Of Prison Inmates, 2016

"Presents statistics that describe firearm possession of state and federal prisoners who were serving a sentence in 2016. The report describes firearm possession during the crime for which prisoners were serving time and by type of offense; how the firearm was used during the crime; type of firearm possessed; and methods, sources, and processes of obtaining the firearm. Findings are based on BJS's 2016 Survey of Prison Inmates (SPI), formerly known as the Survey of Inmates in State and Federal Correctional Facilities. The SPI self-report data were collected through face-to-face interviews with a national sample of state and federal prisoners.

Highlights:

• About 21% of state and 20% of federal prisoners said they possessed a gun during their offense, while 79% of state and 80% of federal prisoners did not.
• About 29% of state and 36% of federal prisoners serving time for a violent offense possessed a gun during the offense.
• About 1.3% of prisoners obtained a gun from a retail source and used it during their offense.
• Handguns were the most common type of firearm possessed by state and federal prisoners (18% each); 11% of all prisoners used a handgun.
• Among prisoners who possessed a gun during their offense, 90% did not obtain it from a retail source..."
  Firearms use

Background Checks for Firearm Transfers, 2013–14 - Statistical Tables

"More than 180 million applications for firearm transfers or permits were subject to background checks since the effective date of the Brady Handgun Violence Prevention Act on February 28, 1994, through December 31, 2014. During this period, about 2.8 million applications (1.6%) were denied. In 2014, nearly 15 million applications were subject to background checks, and 193,000 (1.3%) were denied, including about 91,000 denied by the FBI and about 102,000 denied by state and local agencies..."
Background firearm checks

Firearms Eligibility for Foreign Nationals in the United States

"The recent terrorist attacks in Paris, France and San Bernardino, California, have prompted increased attention upon the categories of persons barred from acquiring firearms. The Gun Control Act of 1968 (GCA), as amended, generally prohibits certain categories of persons from acquiring firearms or ammunition, including some categories of foreign nationals (i.e., aliens). The GCA provides that aliens in the United States unlawfully are generally barred from purchasing a firearm, as are most aliens admitted into the United States pursuant to temporary, “nonimmigrant” visas (subject to limited exceptions). Aliens who violate these prohibitions, along with persons who sell or transfer firearms to them, may face criminal penalties.

Foreign nationals who do not fall under these two restrictions—including lawful permanent residents (commonly referred to as immigrants), refugees, and other lawfully present aliens who did not enter the United States pursuant to a visa, such as many foreign travelers visiting the United States under the terms of the Visa Waiver Program—are not prohibited from acquiring a firearm solely on account of their immigration status. Nonetheless, other provisions in the GCA, such as residency requirements that must be satisfied for a firearms sale to be lawful, may impede some foreign nationals from acquiring firearms...
Firearms

Mass Murder with Firearms: Incidents and Victims, 1999-2013

"In the wake of tragedy in Newtown CT, Congress defined “mass killings” as “3 or more killings in a single incident” (P.L. 112-265). Any consideration of new or existing gun laws that follows mass shootings is likely to generate requests for comprehensive data on the prevalence and deadliness of these incidents. Despite the pathos of mass shootings, only a handful of researchers and journalists have analyzed the principal source of homicide data in the United States—the Supplementary Homicide Reports (SHR) compiled by the Federal Bureau of Investigation (FBI)—to determine whether those incidents have become more prevalent and deadly..."
Mass murder & firearms

Carrying of Firearms and the Use of Force by DoD Personnel Engaged in Security, Law and Order, or Counterintelligence Activities

Find text of directive (DoD Directive 5210.56, April 1, 2011) on the use of Firearms by U.S. Department of Defense personnel.
Carrying firearm by DoD Personnel

Gun Control: Statutory Disclosure Limitations on ATF Firearms Trade Data and Multiple Handgun Sales Reports.
"For FY2003-FY2009, a rider on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
appropriations has prohibited that agency from disclosing firearm trace data (based on firearm
transfer records maintained in part by licensed gun dealers) and multiple handgun sales reports
data for any purpose other than supporting a criminal investigation or agency licensing
proceeding. This rider is known as the “Tiahrt” amendment, for its sponsor in full committee
markup of the FY2004 Commerce-Justice-State appropriations bill, Representative Todd Tiahrt. A
coalition of 210 city mayors led by New York City Mayor Michael Bloomberg favors the repeal
of this rider, but the Fraternal Order of Police favors retaining it, as does ATF. For FY2008,
Congress included modified Tiahrt amendment language in the Consolidated Appropriations Act,
2008 (P.L. 110-161). This modified language states explicitly that it does not prohibit the release of aggregate statistical data on illegal gun trafficking or statistical information on the U.S. firearms industry. For FY2009, similar language was included in the Omnibus Appropriations
Act, 2009 (P.L. 111-8). .."

Background Checks For Firearm Transfers, 2009
"This web page describes background checks for firearm transfers conducted in 2009. The statistical tables provide the number of firearm transaction applications checked by state points of contact and local agencies, the number of applications denied and the reasons for denial, and estimates of applications and denials conducted by each type of approval system. Data are also provided on appeals of denied applications and arrests for falsified applications.

Michael Bowling, Ph.D., Ronald J. Frandsen, and Gene A. Lauver from Regional Justice Information Service (REJIS) prepared these tables under the supervision of Devon B. Adams and Allina D. Boutilier, of the Bureau of Justice Statistics and Terry J. Tomazic, Professor of Sociology at Saint Louis University, served as statistical advisor and Dave Naglich at REJIS assisted with data analysis on the project. The tables were prepared under BJS cooperative agreement #2009-BJ-CX-K006. The BJS sponsored Firearm Inquiry Statistics (FIST) program collects information on firearm background checks conducted by state and local agencies and combines this information with Federal Bureau of Investigation (FBI) National Instant Criminal Background Check System (NICS) transaction data. NCJ 231679.."

WHETHER THE TEN-YEAR MINIMUM SENTENCE IN 18 U.S.C. § 924(c)(1)(B)(i) APPLIES TO SEMIAUTOMATIC ASSAULT WEAPONS
"MEMORANDUM OPINION FOR THE ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION
You have asked whether possession of a semiautomatic assault weapon in furtherance of a crime of violence or drug trafficking crime is conduct that remains subject to a mandatory ten-year minimum sentence. Having carefully considered the views of the Criminal Division and the Bureau of Alcohol, Tobacco, and Firearms (ATF), we conclude that semiautomatic assault weapons are no longer among the firearms to which the ten-year minimum sentence in section 924(c)(1)(B)(i) of title 18 applies. The 1994 amendment that increased the penalties for use of such firearms in section 924(c)(1) is subject to a sunset provision, and thus was repealed as of 2004. Accordingly, the possession of a semiautomatic assault weapon in furtherance of, or the use during and in relation to, a crime of violence or drug trafficking crime is subject to the general five-year mandatory minimum sentence provided for in section 924(c)(1)(A), with increased penalties for the brandishment or discharge of such weapon..."

ATF PUBLISHES 2009 LIST OF EXPLOSIVE MATERIALS SUBJECT TO LAW
"The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published a notice in the Federal Register today containing the list of 237 explosive materials that are subject to federal law and implementing regulations.

This list covers not only explosives, but also blasting agents and detonators, all of which are defined as explosive materials in the United States Code chapter regulating the importation, manufacture, distribution, receipt, and storage of explosive materials. The Department of Justice must publish and revise the explosives list annually, pursuant to 18 U.S.C. 841.

The 2009 list does not contain any new terms. However, ammonium perchlorate composite propellant (APCP) has been removed. As a result of a court decision in March 2009, APCP is no longer regulated under federal explosive laws.

The list is comprehensive, but is not all-inclusive. Therefore, an explosive material may not be on the list but may still be within the coverage of the law if it meets the statutory definitions. Some of the explosive materials on the list include: dynamite, black powder, pellet powder, safety fuses, squibs, detonating cord, display fireworks, igniter cord, and igniters..."
View the full list.

Background Checks for Firearm Transfers, 2008 - Statistical Tables
"This web page describes background checks for firearm transfers conducted in 2008. The statistical tables below provide the number of firearm transaction applications checked by state points of contact and local agencies, the number of applications denied and the reasons for denial, and estimates of applications and denals conducted by each type of approval system. Data are also provided on appeals of denied applications and arrests for falsified applications."

FBI Releases Preliminary Statistics for Law Enforcement Officers Killed in 2008
"The FBI today released preliminary statistics indicating that 41 of our nation’s law enforcement officers were feloniously killed in the line of duty in 2008. By region, 20 of the victim officers were killed in the South, nine in the Midwest, nine in the West, and three in the Northeast. The number of officers feloniously killed was 17 fewer than in 2007.

Of these felonious deaths, 10 occurred during arrest situations, eight officers were killed during traffic pursuits/stops, seven during tactical situations, six while investigating suspicious persons/circumstances, six were as a result of ambush situations, two officers were performing investigative activities, one was responding to a disturbance call, and one was handling, transporting, or had custody of a prisoner.

Firearms were the weapons most often used in these slayings. Of the 35 officers killed with firearms, 25 were killed with handguns, five with rifles, four with shotguns, and one officer was murdered with an unknown type of firearm. Four officers were killed by vehicles, and two officers died from injuries as a result of a bomb..."

Background Checks for Firearm Transfers, 2006
"This web page describes background checks for firearm transfers conducted in 2006. The statistical tables below provide the number of applications checked by state points of contact and local agencies; the number of applications denied and the reasons for denial; and estimates of applications and denials conducted by each type of approval system. Data are also provided on appeals of denied applications and arrests for falsified applications. The Firearm Inquiry Statistics Program is an ongoing data collection effort focusing on the procedures and statistics related to background checks in selected states."