Tuesday, May 10, 2022

Recipe For Disaster: Guns Stolen From Vehicles And Ohio's "Permitless Carry"

Among prisoners serving time for a crime during which they possessed a gun, about half got their weapons either on the underground market (43 percent) or through theft (6 percent)

(Mariel Alper, Ph.D., and Lauren Glaze, BJS Statisticians. “ Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016.” U.S. Department of Justice. January 2019.)

An estimated 287,400 prisoners had possessed a firearm during their offense. Among these, more than half (56%) had either stolen it (6%), found it at the scene of the crime (7%), or obtained it off the street or from the underground market (43%). Most of
the remainder (25%) had obtained it from a family member or friend, or as a gift. Seven percent had purchased it under their own name from a licensed firearm dealer.

What does the Department of Justice study show about violence and firearms?

About 1 in 5 state and federal prisoners who possessed a firearm during their offense obtained it with the intent to use it during the crime.

Among state prisoners who possessed a gun during their offense, 27% killed someone with it, another12% injured someone, 7% fired the gun but did not injure anyone, and 54% did not fire it.

Now, one source for illegally obtaining firearms is capturing attention and spreading a new alarm across the nation.

More guns are being stolen out of vehicles in many U.S. cities, according to a new data analysis, which was first obtained and independently verified by NBC News. It’s an alarming trend as shootings rise nationwide, propelled in large part by firearms obtained illegally.

From 2019 to 2020, at least 180 cities saw a rise in gun thefts from vehicles, which now makes up the largest source of stolen guns, according to the nonprofit Everytown for Gun Safety. The study analyzed FBI crime data from 2011 to 2020, spanning up to 271 small-to-large cities across 38 states.

The nonprofit, which advocates gun violence prevention, found that in 2020, an estimated 77,000 guns were reported stolen in these 271 cities alone. Of those, more than half were taken out of vehicles – a stark difference from a decade ago, when the majority of gun thefts were from burglaries and less than a quarter were from cars, according to Everytown.”

(Melissa Chan. “More guns are being stolen out of cars in alarming trend across the nation.” NBC News. May 9, 2022.)

Florida Statistics
 

Thieves are stealing guns from vehicles. The trend can be seen in states and cities across the country. In South Carolina, gun thefts from motor vehicles climbed to more than 5,100 in 2021, from roughly 4,200 in 2019, according to the statewide data provided by the South Carolina Law Enforcement Division. In Hampton, Virginia, the number of motor vehicle larcenies in which a firearm was stolen jumped to 142 incidents in 2021, from 88 in 2019, Police Chief Mark Talbot said. Many of the stolen firearms have turned up at crime scenes.

Of course, people aren’t stealing guns out of cars to collect them. They are using them to commit crimes.

It is exceedingly rare that we investigate a gun crime, and the gun was possessed lawfully,” said Mark Talbot, Police Chief of Jacksonville, Florida. “Very often we find out it was taken from a theft from auto.”

The begs the question: “Why do people leave a gun in a vehicle?”

A recent study on gun storage finds the majority of American owners don't safely store their weapons.

Researchers at the Johns Hopkins Bloomberg School of Public Health surveyed 1,444 U.S. gun owners to determine gun storage practices in American households and found that 54 percent of owners reported not storing all of their firearms safely, increasing the risk that they'll be used unintentionally. Children under the age of 18 were present in roughly one-third of the homes where guns were also present, and owners were 44 percent more likely to report safely storing their firearms if they had a child living there, according to the findings.

(Crifasi CK, Doucette ML, McGinty EE, Webster DW, Barry CL. “Storage Practices of US Gun Owners in 2016.” Am J Public Health. 2018 Apr;108.)

These findings echo a RAND Corporation study – “Firearm Storage Patterns in US Homes With Children” – that showed that about 1.4 million households (with an estimated 2.6 million children) had firearms stored unlocked and either loaded or with ammunition nearby.

So, it stands to reason that large numbers of irresponsible, gun-loving people do not properly secure their firearms in their vehicles. And criminals are opportunists who can steal a gun from a car in seconds.

Everytown president John Feinblatt said. “They’ll go where they think that they can capture guns and flood the black market with little or less risk.”

State Laws?

Most states do not have laws that specify how a firearm should be stored inside an unoccupied vehicle. Among the few that do, California and Connecticut require gun owners to securely store firearms in unattended vehicles, while Massachusetts and Oregon have laws requiring all firearms to be stored in a locked container or with a lock in place when they’re not in use in all locations, including vehicles, according to Allison Anderman, senior counsel with the Giffords Law Center.

In Florida, gun owners 18 years old and older are generally allowed to keep a concealed firearm inside a privately owned vehicle, without a license, if the firearm is “securely encased," such as in an unlocked glove compartment, or "otherwise not readily accessible for immediate use."

And when it comes to reporting lost or stolen guns, only 15 states require gun owners to report incidents, according to Everytown. That means the number of nationwide gun thefts is likely significantly higher, the group said.

While there isn’t reliable data to show how often stolen guns are used in crimes, several police chiefs and public officials said they’ve recovered enough illegal firearms at scenes of violent crimes to know it happens frequently.

(Melissa Chan. “More guns are being stolen out of cars in alarming trend across the nation.” NBC News. May 9, 2022.)

Ohio Law

Ohio is an open-carry state, which means anyone who legally possesses a firearm can openly carry it in the state, either with or without a concealed handgun license.

However, there are rules in Ohio about transporting firearms if you don’t have a concealed handgun license. An unloaded handgun may be transported in a car only if it is in a closed box, package, bag or case, in a compartment that is only accessible by leaving the car, or in plain sight and secured in a suitably designed rack or holder.

If you don't have a a valid concealed handgun license and knowingly transport or have a firearm in a motor vehicle that is not in a closed box, case or package, in a compartment that can be reached only by leaving the vehicle, or in plain sight and secured in a rack or holder, it's a misdemeanor of the fourth degree, punishable by 30 days in jail and a fine of up to $250.

Knowingly transporting or having a loaded handgun in a motor vehicle when you are under the influence of alcohol or drugs is a felony of the fifth degree, punishable by up to 12 months in jail and a fine of up to $2,500. If the loaded handgun is concealed on your person, it is a felony of the fourth degree.

Now, Ohio faces the results of a new gun law. Senate Bill 215 has been signed into law and will make it legal to carry a concealed handgun without a license in Ohio beginning on June 13, 2022. Past restrictions have been eased.

Generally referred to as “permitless carry” or “constitutional carry,” this legislation will make several important changes to Ohio’s concealed carry laws:

  • Ohio’s concealed handgun license (CHL) will become optional. If you are currently qualified by law to obtain a CHL and carry concealed, you will be able to carry concealed without a license beginning on June 13, 2022. Other than school zones where federal law still requires a CHL, nothing changes regarding who can carry, what you can carry (a handgun), or where you can carry. The same rights and responsibilities apply whether you have a CHL or not.

  • You will no longer be required to “promptly” inform. Current law says that if you are stopped by a law enforcement officer, you must “promptly” inform that officer if you are carrying a concealed handgun. In addition, you must inform every other officer you encounter. When the new law goes into effect, you will need to inform only when or if the officer asks if you are carrying a handgun. And you are obligated to only inform the first officer who asks.

  • In Ohio, you will no longer be required to carry the CHL. If you choose to obtain a concealed handgun license, you will no longer be required to carry the physical license on your person while carrying a handgun. However, other states may still require you to have your license with you.

What about storing a handgun in your personal vehicle in an employer’s parking lot?
The new law does not change your right to carry to and from work and to store your handgun in your personally-owned car or truck on company property. Your rights remain the same with or without a CHL. If you drive a company-owned vehicle, your employer may have different rules about whether or not you can carry or store a handgun in their vehicle. 

Click this address to access Columbus map: https://www.dispatch.com/in-depth/news/crime/2021/07/21/columbus-ohio-homicides-map-and-database/7812208002/

Focus On Columbus – Firearms And Health Crisis

Channel 10 WBNS in Columbus reports it's a crime not to report a stolen gun to police, and more people in Columbus are having to file those reports after leaving their loaded guns in their unlocked cars.

10TV searched Columbus police reports dating back to April 1. We found 25 reports of stolen guns and when car owners knew how the crooks got inside most of them reported they left their cars unlocked.

"We are absolutely alarmed by the number of guns that are taken from cars that are parked and unoccupied," said Sergeant James Fuqua of the Columbus Division of Police.

"If you leave your gun in a car whether it's locked or not and your car is broken into, you have contributed to the possibility of a criminal going out to commit a heinous act against someone else in the City of Columbus," Fuqua said.

Eric Delbert is a licensed Columbus firearms dealer and owner of L.E.P.D. firearms in Columbus.

Delbert said every gun owner should own a lock box for their weapon. "We are talking about a burden on society that you have added to, by allowing your firearms out there in possession of a felon. I guarantee the guys stealing it are not ones who can go to a gun store and buy one," Delbert said.

Buckeye Firearms, a pro-gun lobby said, "Criminals don't try to break into every car. They profile vehicles just like they profile potential victims on the street. They're looking for an obvious and easy target. NRA decals on the window or gun-related bumper stickers are a clue that guns may be in the vehicle. Firearm accessories or hunting gear visible through the windows are also a tipoff. Where you park also matters. Don't park on the street if you can, park in a garage or a secure lot. If you must park outside, park in a well-lit area. If you're parking overnight, take all your valuables with you," said Dean Rieck, Executive Director of Buckeye Firearms.

And, guess what?

Firearms dealers and police believe stolen firearms will be on the rise after Gov. Mike DeWine signed the state's new permitless carry law which starts next month.

The new law, often referred to as the “permitless carry” bill by supporters, makes a concealed weapons permit optional for anyone legally allowed to carry a gun. Ohio is the 23rd state to adopt a permitless-carry law, eliminating the need for background checks, firearms training, and filing fees that were once required to obtain a concealed carry license.

"We are absolutely concerned that we won't have a license to carry a firearm will absolutely increase the number of guns that people will carry on their person so most certainly the number of guns that will be stolen will most certainly increase," Sgt. Fuqua said.

"I would anticipate it. It's new people carrying a firearm," Delbert said.

(Kevin Landers. “Columbus police 'absolutely alarmed' about trend of stolen guns from cars.” 10 WBNS. April 19, 2022.)

Cleveland City Council has already passed a resolution in April strongly opposing the new state law.

What are the legislators thinking? This is not a time to ease restrictions. Ohio is experiencing more gun homicides and suicides in the last two decades according to a new analysis done by researchers at the Health Policy Institute of Ohio (HPIO).

In their analysis, researchers at HPIO reported that in 1999 there were 450 homicides and 1,102 suicides in Ohio. Compare that to 2020, when 1,004 homicides and 1,644 suicides were recorded in the Buckeye State, increases of 123% and 49%, respectively. Then, 2021 saw a second-consecutive record year for homicides.

Researchers also found that firearms are being used in a greater percentage of homicides. In 1999, a firearm was used in 57% of homicides in Ohio. That percentage jumped to 82% by 2020.

More than 91% of the nine in ten of the 205 people killed in Columbus last year were gunshot victims, prompting Mayor Andrew J. Ginther and other city leaders last month to declare gun violence a public health crisis.

As Ohio policymakers debate firearm safety legislation, it is important that they consider the latest data on the trends between suicide, homicide and firearms,” HPIO president Amy Rohling McGee said in a news release

(Monroe Trombly. “Ohio is seeing more homicides and suicides, and guns are more often involved, report says.” https://www.dispatch.com/story/news/2022/03/15/guns-used-more-ohio-homicides-suicides-health-report-says/7042116001/. The Columbus Dispatch. March 15, 2022.)

Bottom Line

Cars are a bad place to keep valuables—especially if those valuables are weapons. But every day, U.S. gun owners store their firearms in their cars as they go to work or the grocery store. Locking a firearm in an auto is not enough.  A pried door or a broken window, and someone can steal a gun that can later be used to commit more crimes.

The rise in gun ownership and gun thefts in the U.S. has coincided with the NRA’s aggressive campaign to loosen gun restrictions. Ohio has joined a growing number of states in making it easier to tote guns. While weapons are kept in locked cars, the lock is little deterrence to a criminal.The overall effect of loosening restrictions has been one of gun proliferation – both in the hands of legal owners, and the hands of criminals who steal those guns.

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.”

Second Amendment of the U.S. Constitution

Where in the Second Amendment do you see “responsibility” addressed? How about “well regulated”?

Warren Burger, who served as chief justice of the Supreme Court, said …

"If I were writing the Bill of Rights now, there wouldn't be any such thing as the Second Amendment, that a 'well regulated Militia' being necessary for the defense of the state, that people (have the) right to bear arms. This has been the subject of one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

"Now just look at those words. There are only three lines to that amendment. A 'well regulated Militia.' It's the militia which was going to be the state army, was going to be well regulated. Why shouldn't 16, 17 or 18 year olds, or any other age persons, be regulated in the use of arms, the way an automobile is regulated?"

(Gregory Clay. “What does the Second Amendment's ‘well regulated’ really mean?” Opinion. South Florida Sun-Sentinel. April 12, 2018.)

Of course, whether you agree with Justice Burger or not, the right of the people to keep and bear arms is conjoined with the responsibility to use those arms effectively. Only criminals would deny that. We must do more to keep them away from firearms. Statistics attest to the devastation guns cause in the hands of those who break laws.

As for the meaning of the Second Amendment, Dr. James Ludes – executive director of the American Security Project (ASP), a think-tank in Washington, D.C. from July 2006 to August 2011 – explains in an arcitle from the Pell Center For International Relations and Public Policy …

There is a myth – or misconception – that the right to bear arms was a guarantee of individual gun ownership. The Supreme Court didn’t adopt that interpretation until a 5-4 opinion in 2008—219 years after the adoption of the Constitution!

Again put yourself in the mind of a founder in 1789. This was a great experiment in liberal democracy and republican government. As a “republic,” everything the state did was a public thing – including defense. Liberal democracies rely on free institutions to protect rights. So you have to see the potential power of the federal government – including a standing army – as offset by the power of a militia under the authority of the states that made up the union. It wasn’t that one man with a gun would stop tyranny: it was that the free association of citizens organized in state governments would act as a bulwark against the power of the central government.

In that context, the second amendment wasn’t about an individual’s right to bear arms: it was about preventing the federal government from interfering in the ability of the individual states to establish “well regulated militias” and thereby protect liberty. Just as the founders created a constitutional system with three co-equal branches of government in opposition and balance with one another, they believed the militia would meet the needs of national defense while also balancing the potential tyrannical power of a standing army.”

(James Ludes. “A well-regulated militia.” Pell Center For International Relations and Public Policy. August 8, 2019.)

In the U.S., we have a gun violence crisis, yet Ludes says, “We remain paralyzed—not by fear, not by Constitutional parameters, and not by the intent of the founders.” No, we are paralyzed right now by a Senate leadership that simply refuses to even consider legislation to address this crisis. It is a willful dereliction of duty, and it must end.”

Guns left in cars. Gun restrictions – including crucial training – lifted. Americans remain chained to the words of an amendment, and for hundreds of years now, no one can agree on exactly what they mean. I know one thing. The Founding Fathers never meant “the right to keep and bear arms” to mean “leave them carelessly unattended” or “make it easy for the criminal element to obtain the tools of their trade.” When will we take the necessary steps to stop the violence and work together to act responsibly? It appears states like Ohio are going backwards instead of forward. All in the name of convenience for gun owners. 

The Gun

By “Richom”

(a high school business teacher and coach from York County, Pennsylvania.)


A gleaming thirty-eight was I

Enclosed in glass and on display,

Admired by clerks and passersby

Till purchased near the end of day.


'Twas then my odyssey began

With lengthy list of owners who

Would dominate, command, and plan

The way I live and what I'll do.


My early years were quiet times

In hands of men of good intent.

At peace and free of cares and crimes,

Contented and nonviolent.


But destiny then intervened.

I left the world I'd known before

When stolen by a heartless fiend

Who changed my life forevermore.


We roved and robbed without reprieve.

At helpless humans I was aimed.

We'd terror, grief, and carnage leave,

A gruesome trail of dead and maimed.


As weapon for his slaughter spree,

I prayed he'd stop, but he would not.

A cold, inhuman beast was he,

With no remorse for victims shot.


Tipped off as to his residence,

The maniac at last was caught.

In courtroom I was evidence

Until by grim detective bought.


What followed were more tranquil years.

In holster, desk, and safe I stayed.

With empty chambers, minus tears,

I convalesced while unafraid.

 

But just when I was done with death

I felt a cartridge slide inside.

My trigger tugged with final breath,

I, shocked, assisted suicide.

 

A decade more of constant change

From pawn shop shelf to sheriff's car,

To hunting club and firing range,

To bodyguard and corner bar.

 

I dreaded target practice now

With images of faces killed,

Horrific memories of how

I'd been abused and blood had spilled.


A gun collector's cabinet

Was final home I'd ever see.

For one sad day he won't forget,

My owner failed to hide the key.


In partial view with sons around,

Enticing as a pot of gold,

The tantalizing key was found,

Discovered by his ten-year old.


The fatal discharge sealed my fate,

An accident as all could see.

But torn by grief and blind with hate,

His tragic death was blamed on me.


Accused, detested, and denounced

For years of murder, sin, and strife,

When guilty verdict was announced,

A raging furnace took my life.


Now molten mass to be recast,

I'll be a hammer when 'tis done.

My age of horror will have passed.

No longer will I be a gun.


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