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      California bill would hold gunmakers liable for injuries or deaths

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      California bill would hold gunmakers liable for injuries or deathsThe legislation is modeled after a first-in-the-nation New York law that declares such violations a ‘public nuisance’ Some Democratic California lawmakers want to make it easier for people to sue gun companies for liability in shootings that cause injuries or deaths, a move advocates say is aimed at getting around a US law that prevents such lawsuits and allows the industry to act recklessly.In general, when someone is injured or killed by gunfire it’s very hard for the victim or their family to hold the gun manufacturer or dealer responsible by suing them and making them pay damages. A federal law prevents most of those types of lawsuits.But US law does permit some types of liability lawsuits, including when gunmakers break state or local laws regarding the sale and marketing of their products. Last year, New York approved a first-in-the-nation law declaring such violations a “public nuisance”, opening up gunmakers to lawsuits.Reporting on US gun violence in 2021 revealed how the toll is spread unequallyRead moreOn Tuesday, the California assembly member Phil Ting of San Francisco unveiled a bill modeled after the New York law.“Almost every industry in the US is held liable for what their products do … The gun industry is the one exception,” Ting said. “Financial repercussions may encourage the firearms industry and dealers to be more responsible.”The bill is co-authored by assembly members Chris Ward of San Diego and Mike Gipson of Carson. Gipson’s son, his son’s fiancee and another man were shot in Los Angeles in April 2020. Gipson’s son and fiancee survived. But the other man, Gary Patrick Moody, was killed.“This is absolutely personal to me,” said Gipson, a former police officer.The New York bill is already being challenged in court by gunmakers. And critics were swift to denounce the California proposal as well.Gun advocates denounced the bill, known as AB1594, as a smokescreen for another attempt by California progressives to ban guns. Sam Paredes, executive director of Gun Owners of California, compared it to suing the California governor, Gavin Newsom, because he owns a winery and people have misused his products by drinking and driving.“He can’t ban guns, but he’s going to try to bankrupt lawful firearms-related businesses,” Paredes said.California already has some of the toughest gun laws in the country, including a ban on most assault weapons that has been in place for decades. But last year, a federal judge overturned California’s assault weapons ban, prompting a lengthy appeals process.Angered by the move, Newsom last month asked the state legislature to pass a law allowing citizens to enforce the state’s assault weapons ban through lawsuits. The idea is similar to a Texas law that bans most abortions but leaves it up to private citizens to enforce the law by taking offenders to court.The bill announced on Tuesday would not do that. Instead, Ting said it would let people and governments sue gun manufacturers or dealers for liability in shooting deaths or injuries. That’s a key distinction from the Texas abortion law, which is only enforceable by private lawsuits.It’s unclear what these potential lawsuits against gunmakers could include. The bill filed in the state legislature is just one sentence long, declaring gun manufacturers have created a public nuisance if their failure to follow state and local gun laws result in injury or death. The bill will probably be changed several times as it moves through the legislative process.Tanya Schardt, senior counsel for gun control group the Brady Campaign, said lawsuits could include suing gun dealers who knowingly sell weapons to people who then sell them illegally to others who are not allowed to own them. Or it could mean suing a gun manufacturer that supplies dealers they know are selling guns used in crimes.The goal is to “create an environment where the gun industry is held accountable”, Schardt said.Chuck Michel, a civil rights attorney and president of the California Rifle and Pistol Association, said that goal will likely backfire by making it harder for law-abiding citizens to have guns for self-defense.“As a matter of policy, to try and shift the blame for the criminal misuse of a lawful product that is used far more often to save lives and protect lives than to take them is a terrible idea,” he said.TopicsCaliforniaGuns and liesUS gun controlUS politicsnewsReuse this content More

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      Massie’s gun collection: ‘They shouldn’t be in the hands of civilians’

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      Massie’s gun collection: ‘They shouldn’t be in the hands of civilians’Analysis: furore continues over ‘Christmas card’ by US Congressman of group holding military weapons It is the Christmas card that has sent shockwaves across the world – and provided a chilling reminder of the size and type of weapons that are perfectly legal to own and carry in large parts of the US.An analysis by the Guardian indicates the guns in the photograph published by the Republican congressman Thomas Massie are military grade and – in some cases – similar to those used in recent notorious deadly incidents.The furore began on Sunday when Massie posted on Twitter a picture of himself and what appear to be members of his family, smiling and posing with an assortment of weapons, just days after four teenagers were killed in a shooting at a high school in Michigan.He wrote: “Merry Christmas! PS Santa, please bring ammo.”The tweet provoked an immediate response – with other Republicans criticising him for his insensitivity.Yet Kentucky law allows people aged over 21 to possess and carry guns – and no permit or licence is required for rifles, shotguns or handguns, according to the National Rifle Association.The calibre and range of the weapons on display horrified one expert. Philip Ingram, a former British military intelligence officer, told the Guardian: “There is no way in a modern society these weapons should be in hands outside law enforcement or the military … They are designed for one purpose: to kill people.” The weapon held by Massie, bottom left, has been identified as an M60 machine gun, first developed for the US military in the late 1950s and which, with its belt-fed ammunition, became one the best known weapons of the Vietnam war.A collector’s item, the M60 is relatively hard to buy on the open market, with sales prices estimated by some auctioneers at $69,000 or more.Machine guns made since 1986 are banned in the US – but US federal law allows any weapons that were registered before 1986 to be traded on an approved basis. According to Calibre Obscura, a military blogger and weapons expert, the other guns in the photograph are almost certainly semi-automatics, meaning an owner has to squeeze the trigger each time they want a shot to be fired.At the front, to the left of Massie, a woman is holding an Uzi, the Israeli submachine-gun, which can fire up to 600 rounds a minute.Massie’s wife, Rhonda, appears to be holding a Thompson M1SB, most likely a replica of the second world war submachine-gun, sold by its original manufacturer in the US.In the back row, other family members appear to be holding, from left to right, a Spanish military rifle, a Belgian rifle, and two AR-15s – the AR stands for ArmaLite, the original manufacturer. One of the most popular semi-automatics available in the US, its sales have soared over the last decade. An AR-15 was taken by Kyle Rittenhouse on his notorious trip to Kenosha, Wisconsin, last year, which saw him kill two people and injure a third as he roamed the streets acting as a self-described militia, following public protests after police shot a black man in the back. Rittenhouse was found not guilty last month after a jury concluded that he had acted in self-defence.Giffords Law Center, which campaigns against gun violence, said official US figures showed that 726,951 machine guns remain listed as in legal circulation. Over the weekend, Massie was condemned by political opponents, particularly for releasing the Christmas family picture days after the shooting at Michigan’s Oxford high school by a 15-year-old that left four dead. “I promise not everyone in Kentucky is an insensitive asshole,” said John Yarmuth, a Kentucky Democratic congressional representative.TopicsUS gun controlRepublicansKentuckyUS CongressUS politicsanalysisReuse this content More

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      Misfire review: a bullseye from Tim Mak – but the NRA isn’t beaten yet

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      BooksMisfire review: a bullseye from Tim Mak – but the NRA isn’t beaten yet The NPR reporter has written an important book about the moral bankruptcy which put the powerful and merciless gun group on the back footCharles KaiserSat 6 Nov 2021 02.00 EDTLast modified on Sat 6 Nov 2021 02.02 EDTTim Mak has written a sprawling tale of the greed, incompetence and narcissism which has dominated the National Rifle Association throughout Wayne LaPierre’s 30 years as its leader. Abetted by his wife, Susan, LaPierre has allegedly used his members’ dues to fund a billionaire’s lifestyle.‘We have to break through that wall’: inside America’s battle for gun controlRead moreThe LaPierres’ wedding in 1998 was a near miss: he almost ran from the altar, until she and the priest changed his mind. Mak calls this “emblematic” of “a man driven by fear and anxiety over all other forces … his reaction to these emotions is usually to flee and hide”.These qualities, Mak writes, have made LaPierre “prey” to an endless series of conmen, throughout his leadership of America’s most-feared lobbying group.“Pushed and prodded” by his wife to discover “money’s alluring glow”, Mak writes, LaPierre saw his salary balloon from $200,000 in the mid-1990s to $2.2m in 2018. According to the investigation of the New York attorney general, which has done the most to expose serial excesses at the NRA, between 2013 and 2017 the black cars, private jets and hundreds of thousands of dollars of expensive clothing led to $1.2m in reimbursed expenses.Between 2013 and 2018, companies used to book the LaPierres’ private planes received an astonishing $13.5m. There were trips to Lake Como, Budapest and the Bahamas. Just the hired cars for trips to Italy and Hungary cost $18,000. LaPierre spent $275,000 on suits at a single Beverly Hills emporium, including $39,000 on one day in 2015. To disguise such excesses, the bills were sent to an outside vendor which the NRA reimbursed.Mak also does a good job of describing how every mass shooting has pushed the NRA ever further right, transforming it from advocacy group for gun rights into a fully fledged player in the culture war, especially after the massacre of 20 young children and six adults at Sandy Hook Elementary School in Connecticut in December 2012.Mak offers a particularly depressing account of how the NRA chief lobbyist, Chris Cox, was personally involved in negotiations over the Manchin-Toomey bill, a Senate measure which would have modestly increased background checks if, as Mak points out, not enough to have prevented the Sandy Hook massacre, since that gunman used guns legally obtained by his mother.In any case, after months of negotiation the NRA double-crossed both sponsors, made sure the bill failed to get the 60 votes it needed to pass the Senate, then dropped its A-ratings for Manchin and Toomey to D and C respectively.The NRA’s role in the Trump-Russia scandal was substantial. Maria Butina, eventually convicted as a Russian spy, used “relationships within the NRA to build an informal channel of diplomatic relations with Russia”. Her efforts included a famous public exchange with Donald Trump during his first campaign, in which he expressed his affection for Vladimir Putin and promised to improve relations as president.The NRA spent $30m to help to elect Trump, more than his own fundraising super pac. Ironically, NRA membership dues fell after Trump entered the White House. The organization lost its most lucrative fundraiser when Barack Obama left office.Power struggles and a ‘personal piggy bank’: what the NRA lawsuit allegesRead moreThe great unravelling began on 6 August 2020, when the New York attorney general, Letitia James, filed a lawsuit to dissolve the NRA entirely. She accused LaPierre of using the organization for 30 years “for his financial benefit, and the benefit of a close circle of NRA staff, board members, and vendors”.Six months later, the NRA filed for bankruptcy. But despite endless infighting, Wayne LaPierre remains in charge. And because Trump was elected, with the NRA’s help, the supreme court now includes three justices appointed by him – at least two of whom seemed eager in arguments this week to demolish most of the remaining state restrictions on carrying concealed weapons, in New York and six other states.The passions of gun owners – and the fear they have instilled in a majority of public officials – remain dominant forces in American politics despite the greed and incompetence of their leaders chronicled so thoroughly in this important book.
      Misfire is published in the US by Dutton
      TopicsBooksNRAUS gun controlNewtown shootingUS crimeUS politicsUS CongressreviewsReuse this content More

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      The Guardian view on soaring US gun violence: America must face the problem | Editorial

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      OpinionUS gun controlThe Guardian view on soaring US gun violence: America must face the problemEditorialThe US already had more guns than people when sales began rising a few years ago. It is now set for its highest number of gun killings in 20 years Sun 22 Aug 2021 13.30 EDTLast modified on Sun 22 Aug 2021 14.05 EDTAs Covid cases surge once more in the US, another public health crisis is pummelling the country too. Last year, gun killings soared by around 4,000, to almost 20,000 in total – the worst single-year increase on record. So far, 2021 looks even worse. In the first five months alone, more than 8,100 people died. America is set for the deadliest toll in nearly two decades.Alarmingly, there is also a surge in gun purchases. The US already had more guns than people when sales began rising a few years ago. But last year saw a 64% jump compared with the previous year, to an estimated 20m guns. Around a fifth of buyers were first-time owners. The pandemic sparked a rush to purchase firearms, and some bought because so many others were doing so. The backlash against Black Lives Matter protests may have played a part. Black Americans saw the highest increase in gun ownership and, reportedly, Asian Americans also bought more guns, as hate crimes have risen. Sales have continued to grow this year, with manufacturers struggling to produce enough ammunition.Research so far does not suggest a direct correlation between the rises in gun sales and violence. Experts point instead to economic desperation, isolation and the loss of social structure with the closure of schools and community organisations by the pandemic, and the disruption to prevention initiatives – such as the work of violence interruptors, who help to mediate when conflict develops. But the increase in ownership is nonetheless disturbing, and one study – not yet peer-reviewed – suggests that states with lower levels of violent crime pre-Covid saw a stronger connection between additional gun purchases and more gun violence.Though mass shootings this spring helped to push gun violence up the political agenda, they account for fewer than 1% of firearms deaths. Shootings make headlines when they happen somewhere unexpected or there are large numbers of fatalities; the reality is a daily toll of violence, concentrated in disadvantaged neighbourhoods of colour. Joe Biden, in talking of two mass killings that sparked huge attention, noted: “You probably didn’t hear it, but between those two incidents, less than one week apart, there were more than 850 additional shootings that took the lives of more than 250 people, and left 500 injured.”The president’s response includes predictable, if welcome, measures such as tightening regulations on the sale of “ghost guns” assembled from kits. The striking and overdue change was the $5bn earmarked in the infrastructure bill for prevention funding, though that may not survive congressional politicking. Community intervention programmes have been proven to work. The administration is to be applauded for recognising that while gun controls are essential, they cannot be sufficient in a country already awash with firearms. Nor will simply pouring more money into the police when those disproportionately hurt by gun violence – young black men – are also disproportionately targeted by law enforcement.The amount of weaponry in the US potentially destabilises its neighbours. The Mexican government is taking gunmakers to court in Boston, arguing that lax controls add to the flow of illegal arms across the border. About 70% of the weapons seized in Mexico came from its northern neighbour. With gun violence costing America an estimated $280bn a year, a much bigger investment in prevention is both necessary and affordable. Other items on the administration’s list – such as bans on assault weapons and improved background checks – require congressional action that is unlikely. The National Rifle Association maintains significant political clout despite its disarray. It has also achieved what it wanted in exchange for its investment in Donald Trump: a strongly pro-gun supreme court, which is likely to hear a second amendment case soon, reviewing a New York law that strictly limits the carrying of guns outside the owner’s home. Legislative progress, however limited, could soon be unwound. In the face of such developments, and the fast-rising human toll, never have concerted efforts to tackle gun violence been more necessary.TopicsUS gun controlOpinionNRABlack Lives Matter movementGun crimeDonald TrumpJoe BidenRaceeditorialsReuse this content More

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      I survived a school shooting. My kids shouldn’t have to face the same danger | Ashley Jordan

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      “Somebody’s shooting on campus!”The words ripped my concentration away from my laptop screen. Our law school classroom fell silent. “What should we do?” I asked our professor. He said: “Well, if I were you, I’d run.” I paused to type “There’s a shooter” in a chat box to my husband Aaron before slamming my laptop shut.I took refuge between stacks in the law library until police said it was safe to leave, hours later. When I walked out of the law school, I heard loud rumbling above me and looked up to see news helicopters circling overhead against a cold, gray sky. Some kind of war had been waged on our campus, and the air was heavy with it. I was going home to my family, but the flashing lights of police cars and ambulances suggested others weren’t.Surviving a school shooting was an initiation of evil. The world didn’t look or feel the same afterward. Its colors were less vivid, and any sense of peace and security that once surrounded me was gone. I knew I’d never exist with quite the same ease again.The trauma of what’s since become known as the Northern Illinois University “Valentine’s Day Massacre” has never left me. More than a decade later, I can still recall the terror of that day with precise, photographic dread. But I’m no longer a 24-year-old student; I’m a 37-year-old mother of three. Despite 12 years and countless other mass shooting incidents across the country, not much has been done by our federal legislators to make anyone safer from gun violence anywhere – let alone at school.One hundred and ninety-four mass shootings occurred in the US this year, with at least 45 in April alone.I assumed the 2012 Sandy Hook elementary shooting would be the wake-up call our country needed to act on gun violence. Multiple school shootings had taken place since the one I experienced in 2008, yet Sandy Hook was the first to invade my consciousness as a mother.I clutched my eight-month-old son to my chest as the precious faces of young children murdered at school cycled across my television screen on the evening news. As tears streamed down my face, my mind tried to reconcile the fact that the victims in these manmade tragedies were no longer limited to teenagers and college students.Little kids were new casualties in our country’s ongoing struggle to define itself. Its endless argument over guns appeared to be a symptom of a national identity crisis between political polar opposites – two parties so ideologically opposed that even the needless deaths of tiny innocents couldn’t bridge the divide between them.What sickened me most, though, wasn’t our government’s failure to prioritize people over partisanship. It was knowing that there were parents who took their kids to school and returned home eternally empty-handed. My stomach churned over whether their children might have experienced some iteration or degree of what I remembered from the NIU shooting: the hell, helplessness and panic of staring at a doorway, wondering if a person on the other side was about to end my life.The only thing worse than knowing those feelings first-hand was wondering how many more children might one day know them, too.The human cost of school shootings extends beyond those who are injured or die, negatively affecting the mental health of survivorsSo far, hundreds of thousands of American students have been exposed to school shootings, and these incidents have increased in recent years. The human cost of school shootings extends beyond those who are injured or die, negatively affecting the mental health of survivors. According to a 2019 Stanford University study, “local exposure to fatal school shootings increased antidepressant use among youths”.Yet children are not the only ones suffering from this epidemic. Parents are also struggling.Survivors of school shootings like me are now raising kids of their own, worrying they will suffer similar fates. Although the psychological effects of school shootings on parents may not yet be fully known or understood, research suggests that those with loved ones who have been exposed to “assaultive violence” have a higher risk of mental health disorders. Another study found that parents of terrorist survivors were five times more likely to suffer from post-traumatic stress and three times more likely to suffer from anxiety and depression than the population at large. (Mass shootings can be classified as acts of terrorism in many cases.)Like spouses of military veterans, parents of school shooting survivors might also be more susceptible to secondary traumatic stress, especially if they experienced a school shooting themselves or have a history of past trauma. But school shootings may pose mental health risks to all parents, not just those whose children are victims or survivors. One study concluded that acts of terrorism can have detrimental emotional impacts on general populations.School shootings don’t just deprive children of their lives and innocence; they deprive parents of a sense of safety and security their parents and grandparents took for granted. The sanctity and sanctuary of school are long gone. This reality is a painful part of our collective consciousness. We send our kids to school, hoping the horror of gun violence won’t happen there, but knowing no child or school is immune.Carrying this mental load may be commonplace for modern parents, but it doesn’t have to be. Biden recently took executive action to address gun violence, and although Americans are divided on gun policy, strong bipartisan support exists for expanded background checks and preventing the mentally ill from obtaining guns. Measures like these, limiting who has access to firearms, have proven more effective in reducing gun-related deaths than limiting access to specific types of firearms.Precious time has been wasted on political finger-pointing and partisan talking points, particularly when leftists and conservatives have each historically supported and opposed gun control (albeit for morally divergent reasons). Both sides seem content to debate the second amendment and the founders’ intent until they run out of breath. But in the meantime, Congress must come together, in earnest, to find common ground and common-sense solutions to stop this bleeding. The consequences of inaction have become too high – and our kids are counting on them.
      Ashley Jordan is a writer and activist who has contributed to written for the Washington Post, Woman’s Day, Teen Vogue, HuffPost, Business Insider, the Independent and more More

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      US gun sales spiked during pandemic and continue to rise

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      Gun sales, which spiked sharply during the early months of the coronavirus pandemic, have continued to increase in the United States, with first-time buyers making up more than one-fifth of Americans who purchased guns.The development will frustrate and disappoint gun control advocates who point out the huge number of firearms already circulating in American society as well as a seemingly never-ending cycle of mass shootings.A study by the General Social Survey, a public opinion poll conducted by a research center at the University of Chicago, 39% of American households own guns, up from 32% in 2016.Separately, research data compiled by the FBI’s National Instant Criminal Background Check System (NICS), background checks that topped 1m a week in March 2020 – the highest since the government began tracking them in 1998 – and continued, with one week in April this year recording a record 1.2m checks. Background checks are seen as a reliable metric to track gun sales.A third data study, compiled by Northeastern University and the Harvard Injury Control Research Center and seen by the New York Times, shows that 6.5% of US adults, or 17 million people, have purchased guns in the past year, up from 5.3% in 2019.Of those, almost one fifth who bought guns last year were first-time gun owners of whom half were women, a fifth were Black and a fifth were Hispanic, challenging the stereotype of white male gun owners building personal arsenals. In 2021, gun owners overall were 63% male, 73% were white, 10% were Black and 12% Hispanic.Separately, The Trace, a non-partisan group that tracks guns sales, estimates 2.3m guns were purchased in January alone. Sales, which had remained largely flat for the duration of the Trump presidency, jumped 64% in 2020, the group said.Still, the increases are relatively small compared to the 400m guns estimated to already be in circulation, including at least 4m AR-15s, commonly described as assault rifles.“Americans are in an arms race with themselves,” South Los Angeles city council representative Marqueece Harris-Dawson told the New York Times. “There was just as much a run on guns as on toilet paper in the beginning of the pandemic.”Increased gun sales comes as Texas this month became the 20th state to pass legislation that no longer requires a permit to carry a concealed handgun. At the same time, a rash of mass-shootings, often involving AR-15 weapons have dominated headlines.According to the Gun Violence Archive, 67 mass shootings have taken place in May of this year. The most recent occurred on Sunday when a gunman opened fire in Miami, killing two people and injuring 20 others. Authorities in Texas said on Monday they had arrested a man accused of plotting to carry out a mass shooting at a Walmart, and a search of the suspect’s home turned up firearms, ammunition and materials officials described as “radical ideology paraphernalia”.Still, researchers are wary of connecting increased gun ownership with gun violence. The FBI reported a 25% rise in homicides last year that has continued into this with an 18% increase over the first three months of 2021 across 37 cities, including rises of 36% in Los Angeles and 23% in New York.But criminologist Richard Rosenfeld at the University of Missouri told the New York Times that the focus on gun numbers is misplaced. “The critical issue is not simply the increase in the supply of guns but in the nature of the weaponry that’s being used in violent crime, and that has really changed,” he said. More

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      Ordered online, assembled at home: the deadly toll of California’s ‘ghost guns’

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      When Brian Muhammad, a program manager at a gun violence prevention group in California, asked a 16-year-old boy in 2018 how young people were getting guns, he assumed the answer would be Nevada, the neighboring state with looser gun laws.“Who would waste time going to Nevada when you can just get them in the mail and put it together?” the Stockton teen nonchalantly replied.Three years later, homemade weapons known as “ghost guns” have risen to the top of the Biden administration’s policy agenda. When the president announced executive actions targeting gun violence after the mass shootings in Georgia, California and Colorado, they included steps to regulate the sale of the devices – the first time the federal government took up such efforts.Warnings about do-it-yourself guns have steadily grown in recent years, spurred by ominous news stories describing the weapons’ use in a slew of mass shootings, domestic terrorism cases and gun trafficking busts. In California alone, homemade guns were used in a 2013 mass shooting in Santa Monica, a 2014 bank robbery in Stockton and a shooting spree in rural Tehama county that killed six in 2017. In 2019, a 16 year old killed two students and injured three others before killing himself with a ghost gun at a school in Santa Clarita. The next year, as protests over police violence filled city streets, Steven Carrillo used a homemade machine gun to shoot two security guards at a federal building in Oakland and a sheriff’s deputy in an ambush in Santa Cruz.But as the role of ghost guns in high profile criminal cases has grown, community violence reduction workers warn of the less visible toll ghost guns are taking : ghost guns, they say, have become a hot commodity in many vulnerable communities, a trend that has only intensified during the pandemic.The ease with which these guns can be ordered and constructed, their low cost and the difficulties in tracing them have made them readily available in many California cities, the organizers say. Their rapid spread, combined with Covid-19 limitations to the in-person contact so many violence interrupters rely on, have created a dangerous combination that is contributing to the surge in gun deaths that began last year.“We have people buying guns on the street at a faster pace. We can’t keep up with the number of guns especially when they may be more accessible than social services for some,” said Muhammad, of the Advance Peace program, a gun violence prevention organization, in Stockton.‘If a person wants a gun, they can get it’Antoine Towers, the chair of Oakland’s Violence Prevention Coalition, said he first heard about ghost guns at the beginning of the pandemic.First from friends who bought a ghost gun and assembled it, next up were some family members, then his co-workers. Gun ownership in Black communities in California rose significantly during the pandemic, mass protests and election chaos of 2020, and Towers’ network was opting for ghost guns rather than buying full-priced guns from stores that were inundated with sales.Soon, Towers said, ghost guns started showing up at his work. “We already had a problem with firearms, but it became really ridiculous,” Towers said. “[Ghost guns] are so easy to get right now that the only solution I see is figuring out a way to make sure people who have them aren’t using them. It’s heartbreaking.”Once a niche hobby among gun enthusiasts, do-it-yourself gun kits have been around since the 1990s, but they’ve increasingly become a feature on the nightly news since the early 2010s.The kits are substantially less expensive than a traditional gun bought from a federally licensed store. For example: a pistol from Bass Pro Shop, a US-based outdoor sporting goods conglomerate, can range in price from $470 to more than $900 while a homemade pistol kit from Polymer80, a popular online gun retailer, costs less than $180 and can be assembled with common tools like screwdrivers and a few drill bits.The guns aren’t subject to traditional firearm sale mandates, including background checks and serial numbers, because of a legal loophole. Since they are shipped in several pieces, they fall out of the bounds of what the US Bureau of Alcohol, Tobacco and Firearms (ATF) classifies as a legal firearm.“The argument is that they can’t fire in the condition they’re sold in. Because they require some assembly, they’re not firearms,” said Eric Tirschwell, the managing director of litigation for Everytown for Gun Safety, a national gun violence prevention advocacy group.Previously, police say, they mostly found ghost guns during large gun busts and underground trafficking operations. But in the past two years, they are more frequently turning up in the backs of cars or the hands of individuals. Increasingly popular among gun owners, the guns have also become an interesting business proposition for traffickers.Tina Padilla, a peacekeeper with Breaking Through Barriers to Success (BTBS), a Los Angeles-based violence prevention nonprofit, said she first heard about ghost guns on the news a few years ago, especially after mass shootings. Then she heard some young people trickle into the nonprofit’s office discussing their purchases and what kits they were eyeing in passing conversation.“I learned the logistics of getting a ghost gun from working in the community and found out that they can be purchased from different sites, with different credit cards to different addresses and the government can’t trace who’s buying these guns and where they’re going,” Padilla said.“Now, instead of people having to purchase weapons for $600 to $700, they can buy them on the computer, put them together and use them on the street,” said Padilla.Police in Stockton first became familiar with ghost guns in 2014, when a homemade AK-47 was recovered after a deadly bank robbery that turned into a hostage situation and hour-long car chase. In 2019, the department recovered 42 ghost guns. And in 2020, it seized 175, nearly four times as many.The ATF has been recovering more ghost guns in the US each year. In 2019, they seized more than 7,100 and in 2020 that number grew to 8,712, according to department data. Police departments in other California cities have reported similar rises. San Francisco police started tracking ghost guns in 2016, and found six that year. In 2019, they recovered 77 and, in 2020, the number leaped to 164. Los Angeles county police found 813 ghost guns in 2020. In Oakland, 16% of all guns seized by police in 2020 were ghost guns. So far in 2021, 22% are ghost guns.Violence intervention workers say the rise in ghost guns has played some role in the rise in gun deaths recorded in cities all across America.“There’s a whole industry of people who are making guns and in this digital age the difficulty factor isn’t there, so if a person wants a gun they can get it,” said Muhammad, the Advanced Peace director in Stockton.Like hundreds of other cities, homicides in Stockton have ticked up in past months. In 2020, 55 people were murdered in the city, the highest number in three years. Muhammad believes that ghost guns have played a role, especially among Stockton’s teens.“We’ve seen a younger group of people engaging in gunplay, he said. “There’s no school right now, and a 14, 15 year old isn’t gonna just sit at home if their parents are out working.” The loss of in-person schooling and extracurriculars, have left “ample time to get in disagreement”, he said.“Whatever people can do to make money, they will. And they know there’s a high demand, with people scared at the beginning of the pandemic and buying guns,” said Rudy Corpuz Jr, the executive director of United Playaz, a San Francisco-based violence prevention and youth development organization.“It’s scary because a lot of the ghost guns are in hands that are not responsible. And when you have kids all over in parks and places where violence happens, there’s potential that one of these can be used, and then one of these kids doesn’t get a chance to grow up.”Padilla, the Los Angeles-based violence interrupter, said the casualness with which she’s heard some young people talk about getting a kit sent to their home worried her. She said language barriers and lack of information among parents can make it difficult for them to regulate the packages that are being sent to their homes.“We need to do more education campaigns because some of these parents may get a package they may not think too much about. We need to let them know that they need to keep an eye out because these guns can cause a lot of harm,” she said.Ghost gun regulationsFollowing three mass shootings this spring, including a downtown San Diego shooting where a ghost gun was used, Biden directed the Department of Justice to develop new regulations around ghost guns. On 7 May, the ATF, which is part of the DOJ, proposed new rules that would close the loophole that allows ghost guns to be sold with little oversight. Under the new measures, the primary parts of a gun kit would be considered firearms, and therefore would need a serial number. Buyers would have to pass a background check.The measures would mark the first effort to regulate ghost guns on the federal level.In California, a 2018 state law required at-home kit builders to apply for a unique serial number, but the requirement only applied to ghost gun builders, and not to sellers, leaving it legal to sell kits without a serial number.San Francisco is set to weigh a proposal that would go further, and ban the sale of ghost guns as well. If the ordinance passed, it would make the city the first in California to do so.Meanwhile, several local district attorneys have sued ghost gun manufacturers and a number of states and cities have had lawsuits against the ATF for their original refusal to regulate ghost gun kits like traditional firearms. The Los Angeles city attorney joined Everytown for Gun Safety in a lawsuit against Polymer80, a popular gun kit seller that is facing a number of other lawsuits in California and Washington DC over their advertisement practices. The suit alleges that the dealer acted negligently and failed “to avoid exposing others to reasonably foreseeable risks of injury”, according to the complaint filed in December.Everytown is also suing 1911builders.com, the gun kit maker and dealer who sold the kit that was used in the Saugus school shooting, on behalf of one of the victims.In November 2019, Mia Tretta was injured in a mass shooting at Saugus high school in Santa Clarita. A 16-year-old student at the school had brought a homemade .45 caliber semi-automatic pistol which he used to shoot five students – two fatally – before turning the ghost gun on himself. The entire incident lasted less than 30 seconds.Since the tragedy, in which she lost her close friend Dominic Blackwell, Tretta’s been a vocal gun violence prevention advocate with Students Demand Action, a youth-led organization that lobbies for strengthened gun laws.“In my situation, we still don’t know who bought the gun. We know who used it, but we can’t trace it back,” Tretta said. “I want people to use my story to show what happens when anyone can get a gun.”‘It won’t stop the guns’Community workers such as Corpuz and Muhammad welcome Biden’s efforts, and agree that the spread of ghost guns needs to be stifled.But they also worry that federal action will beget local police crackdowns, a backlash that would lead to more harm among those who are already most at-risk of being shot. Rather than increased patrols and traffic stops, the interventionists say, communities need traditional violence intervention practices that provide social support and healing services.“The devil’s in the details,” said Corpuz of United Playaz. “You can think a new policy is about the ghost guns but then it leads to harassment. We all want ghost guns off of the street but we have to look to see what the fine print is before we support the rules because they can be harsh on Black and brown communities.”Muhammad of Advanced Peace likened the potential danger of increased policing and harsher sentences for having a ghost gun to the crack-cocaine laws of the late 20th century.“Once the laws happen they affect the bottom rung,” Muhammad said. “Police forces all over the country get access to federal dollars for any campaign, but that won’t stop the shooting; it won’t stop the guns from getting into the hands of young people.” More