Guns, Legal or not, Part of Culture

COURT HOUSE – From 18th century flintlock hunting rifles used in the Revolution, to makeshift “zip guns” used by early urban youth gangs that were fashioned from car antennas, rubber bands and blocks of wood, to non-metallic, laser-equipped automatic and semi-automatic assault rifles, firearms are, and will continue to be, a significant feature of the American culture.
First, in 2008, the U.S. Supreme Court ruled that private citizens have a right to possess a firearm for legitimate purposes, with certain restrictions, when it decided the case of District of Columbia v. Heller. Second, there are more guns in today’s society than ever before; so called “gun rushes” (spikes in gun purchases) have occurred when social uncertainty and fear of the future take hold in society.
Gun Policy, a public health organization (gunpolicy.org), reports that “The estimated total number of guns (both licit and illicit) held by civilians in the United States is 270 million to 310 million,” or more than one firearm for every man, woman and child in the U.S.
Clearly, guns are here to stay.
Based on the reality of the American gun culture, the Herald conducted an inquiry into the dynamics of firearm ownership and use, illegal or legal, in Cape May County, the state, and the nation.
Guns in Cape May County 
Cape May County Prosecutor Robert Taylor provided insight into how county law enforcement agencies deal with firearms that are taken into custody for any reason.
Taylor revealed that all firearms received by police are checked through the National Crime Information Center (NCIC) and the (Alcohol, Tobacco, and Firearms) ATF e-Trace databases to check each gun to determine if it has ever been stolen, or used in a crime anywhere in the United States.
The ATF system also provides ownership information on the firearm, at least for its initial purchase.
Taylor further explained that all semi-automatic handguns are sent to the New Jersey State Police Firearms Investigation Unit for ballistics testing and comparison against its criminal ballistics database to determine if the firearm was used in any crimes within the state.
This testing includes comparing unique ejector marks on semi-automatic spent shells left after the bullet is fired. Taylor added that they try to identify the rightful owner of any firearm they confiscate. The courts ultimately determine if a resident has a legal right to that firearm.
Taylor stated that no firearms that have been confiscated have ever been resold by any police department in the county; this controversial practice has been known to occur in other jurisdictions throughout the nation.
Chief of Cape May County Detectives Paul Skill and Capt. Michael Emmer met with the Herald to discuss gun laws and trends in firearm usage that they see from the law enforcement perspective.
Skill believes (he knocked his knuckle on a wooden table) Cape May County has thus far been able to avoid large-scale violent crime patterns that involve the use of firearms.
Guns Destroyed
Skill stated that in 2015 all the police departments in the county destroyed 143 guns and in 2016 they destroyed a total of 188.
He stressed that not all guns confiscated were used in the commission of a crime; some were voluntarily surrendered, found in public areas, or taken into custody by actions that are not criminal. Emmer gave the example of the county “buy back” program in 2008 where residents “sold” their unwanted firearms to the county for $25 to $50 depending on the type.
Emmer stated that event resulted in the removal of 162 firearms from the streets during that initiative. Skill added that Lower Township confiscated and turned in 56 firearms last year, while Wildwood turned in 25, Woodbine turned in 46 and Whitesboro turned in 35. 
New Jersey Laws
In general, New Jersey requires that those wishing to purchase a firearm be of good character and good repute in the community in which he/she lives; the state precludes ownership by anyone who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence.
The state does not require firearm owners to register weapons per se; persons are required to obtain a Firearm Identification Card through the local and state police to legally own a firearm. 
All firearms dealers must keep a register of every handgun transferred, recording detailed transaction information in the register.
That register is retained by the dealer and made available for inspection by any law enforcement officer. Please refer to the appropriate N.J. state law (Title 2-C, N.J. Code of Criminal Justice) to understand all the requirements and restrictions about gun ownership/possession in New Jersey.
Domestic Abuse and Firearms
Title 2-C of the New Jersey Code of Criminal Justice prohibits the “purchase or possession of a firearm by persons convicted of misdemeanor domestic violence offenses, and by persons subject to protective orders.”
According to Skill, domestic violence temporary or permanent restraining orders require police to confiscate any firearm and N.J. Firearm Identification Card belonging to any participants on the premises even when the gun is not used in the criminal incident being investigated.
The final disposition of these firearms is dependent on the outcome of the criminal case, and is part of the adjudication process.
Return of firearms can only be considered by formal petition to the court by the established owner of the firearm, and is predicated on a decision by a judge who applies the law regarding who may legally possess a firearm, especially when domestic abuse is an issue in the home.
Criminal Sources of Guns
Law enforcement constantly seeks to understand their “enemy” that is the common or not so common armed criminal.
Special Agent Jay Wachtel of the Federal Bureau of Alcohol, Tobacco and Firearms, in a story written by Dan Noyes of Public Broadcasting System, stated that “criminals do not obtain their guns by stealing them in burglaries and robberies.”
Stolen guns account for only about 10 to 15 percent of guns used in crimes, Wachtel said.
He added, “Because when they want guns, they want them immediately the wait is usually too long for a weapon to be stolen and find its way to a criminal.”
Wachtel noted that one of the most common ways criminals get guns is through “straw purchase” sales.
A straw purchase occurs when someone who cannot legally acquire a firearm, or who wants to do so anonymously, has a companion buy it on their behalf. For example, several underage people enter a store and an adult with them makes the purchases for them. Both of those are illegal activities.
The next biggest source of illegal gun transactions where criminals get guns are sales made by legally licensed but corrupt at-home and commercial gun dealers.
Children at Risk/Suicides
According to the Children’s Hospital of Philadelphia Research Institute, American children suffered the risk of injury and death from firearms on an average of 12 times a day in 2014.
In 2014, 2,549 children (defined as infants to 19 years) died of gunshot wounds with 13,576 wounded.
One out of three homes with children has unlocked firearms present somewhere in the house.
Among children, 89 percent of accidental shooting deaths occurred in the home where children play with firearms in their parents’ absence, according to the Research Institute. 
The U.S. General Accounting Office estimated that 31 percent of the accidental deaths caused by firearms might have been prevented with the addition of child-proof safety locks.
According to the Centers for Disease Control, nationwide firearm suicides account for approximately 21,386 deaths annually, or 6.7 deaths per 100,000 of population. These numbers represent about 50 percent of all suicides reported in this country. 
What Can We Do to Protect Our Children, Family, and Society From Firearm Misuse?
Both Skill and Emmer took a few minutes to ponder this question before answering.
Skill said, “I wish that there was more homeowner responsibility.” Skill and Emmer then spoke about family members taking responsibility for employing common sense safe storage practices in the home, and just as important, the wish that family members take extra precautions in cases where members become involved in situations where the gun might be used during the conflict.
Both feel that early intervention by family or friends can make a difference if the means for affirmative assistance to families in crisis is well established in the community. 
One possibility the officers discussed was that a community program might explain the signs of trouble that may occur when a family member or a friend becomes addicted to drugs or alcohol and/or when their behavior becomes threatening or erratic, combined with the presence of a firearm in the house.
Family and friends, especially younger members, need to understand that intervention before a catastrophe such as a family dispute or a mass shooting event, can save lives, and save their own family, and further that they know what steps to take, right now, to stop the potential for violence.
Safety Practices
According to the policeone.com, attention to basic common sense safety rules can save lives.
Treat all firearms as if they were loaded.
Do not point at or cover anything with the muzzle until ready to shoot. Keep trigger finger off the trigger and outside the trigger guard.
Safe and secure storage of a firearm is one of the owner’s most important responsibilities. It is a full-time responsibility.
Always secure a firearm and ammunition so that they are not accessible to children or other unauthorized persons.
Your firearm and ammunition should be stored separately in places and a manner inaccessible to children and unauthorized persons.
There are a variety of locks and safe storage containers available in the marketplace which may be appropriate for your particular needs.
Your local police department or gun shop will furnish you with information on storing and transporting a firearm legally.
The American love affair with guns will continue to be a prominent part of American culture. Many citizens see government intrusion and meddling into their day-to-day lives as a serious threat to individuality and freedom as Americans.
To contact Jim McCarty, email jmccarty@cmcherald.com.