By Samantha Givich
Problem
Across the country, amid a pandemic and political uprising, gun violence has risen, with 2020 and 2021 being the deadliest years in recent history. In Wisconsin, approximately 717 people die from gun violence a year (National Center for Health Statistics, 2022). In Milwaukee specifically, gun violence is a huge problem; in 2021 alone, 197 out of 220 homicides were gun-related. Milwaukee is on track to break that number this year, and the police department projects 306 homicides in 2022. Additionally, Milwaukee, one of the most segregated cities in America, fosters the majority of gun violence. Further, violence in the city is isolated to areas with high populations of BIPOC. Therefore, this issue is not just about general violence but racial and socioeconomic disparity related to gun violence.
Background:
Current Wisconsin gun law requires background checks and prohibits the sale of guns to high-risk groups (defined as; felons, the mentally ill, or people who have a court order against them being able to possess a firearm). However, private dealers are exempt from this law, and therefore people who are ineligible for firearm possession can get one relatively easily.
Federal Firearm License:
A Federal Firearm License (FFL) is a required permit for anyone selling firearms as a business. Applicants must meet certain requirements to obtain one, and applications take about two months to process. There are nine different types of FFLs, and their application and renewal fees range from 200$-3,000$. The permits are valid for three-year periods. In addition to the application, applicants must take an online course and get fingerprints done. Although it is a tedious process to obtain a license and the upfront cost can be expensive, FFL’s makes firearm transfers safer and easier for sellers. (Lawson, 2022)
Private vs. Licensed dealer:
Federal law requires anyone with a federal firearm license to conduct a background check. Anyone who sells guns as a business must obtain a license; however, “business” is loosely defined in the law.
Private dealers are not federally licensed to sell firearms. For example, a dealer at a gun show or a neighbor is considered a private dealer. In short, anyone selling or transferring a gun without a storefront or permit is labeled a private dealer. Private dealers are not subject to the same protocols as those with the license; they are not required (by federal law) to conduct a background check and go largely unregulated.
Conducting Background Checks:
In Wisconsin, it’s required sellers with a federal firearm license call the Crime Information Bureau- Handgun Hotline before transferring a firearm (Wisconsin Department of Justice, n.d.). The licensed dealer then receives a number that either approves or denies the sale within five days. In cases of ineligibility, the bureau does not give any reasoning, and customers’ private information is protected.
State Lines:
Wisconsin has passed some basic and necessary gun safety restrictions. However, the lack of key legislation such as universal background checks still threatens Wisconsin and the states surrounding it. States that don’t enact universal background checks “export crime guns across state lines at a 30% higher rate than states that require background checks on all gun sales,” according to a journal published by John Hopkins (Giffords Law Center to Prevent Gun Violence, n.d.). Therefore, Wisconsin’s lack of legislation affects our state and everywhere else, especially Illinois, Iowa, Michigan, and Minnesota, with who we share state lines.
Disproportionate impact:
Most of Wisconsin’s gun violence is concentrated in urban areas, mainly Milwaukee but some parts of Madison. The areas with the most recorded gun incidents and homicides are disadvantaged, highly segregated communities that live in poverty. As a result of this disparity, young black men are paying the price. Young black men comprise most of the state’s gun homicide victims, though they only comprise 6.5% of the population. They are also 42 times more likely to be the victim in comparison to white males (Giffords Law Center to Prevent Gun Violence, n.d.).
Looking closer at Milwaukee’s unique demographics, Blacks comprise 39% of the city’s population and almost 100% of the homicide victims and make up 85% of all non-fatal shooting victims (MacIver Institute, 2021). Therefore, gun violence in Milwaukee (and in the entirety of the state) isn’t just an issue of violence. It’s also an issue of inequality, as most of the state’s population does not have the same experience.
Gun Violence Cost:
Gun violence poses a human and monetary cost. Gun violence costs the state of Wisconsin 2.9 billion per year, in which Wisconsin taxpayers are footing 177 million of those dollars (Giffords Law Center to Prevent Gun Violence, n.d.).
Solution
Universal Background Checks: Universal background check policies mandate that everyone, including both private and licensed dealers, have to run background checks on gun sales.
Implementation
There are multiple approaches to enforcing universal background checks. Sixteen states require private sellers to go through and process the sale through licensed dealers, or law enforcement in some cases, at the point of transfer. Twelve states require that a purchaser obtain a permit, including a background check, which they have to show to unlicensed sellers before getting a gun. Both approaches are valid and decrease homicide rates; however, research has shown that going through a licensed dealer or law enforcement at the point of transfer is the most secure and comprehensive compared to licensing laws as it ensures up-to-date background checks on all purchases and logged sales records.
Analysis
There have been deadly consequences due to the loophole that unlicensed sellers have in the absence of universal background checks. Most people with gun charges or guns used for criminal purposes have been through unlicensed transfers, online sales, or gun shows. The FBI, CIA, and Boston University found that in states with both prohibitions (the ban on high-risk and universal background checks), homicide rates were “35% lower than states with none of these kinds of laws.”(Colarossi and Mcalpine, 2019). Other findings concluded that universal background checks were more effective in urban areas with “more than 100,000 people”(Colarossi and Mcalpine, 2019). For example, Milwaukee (the second-largest city in Wisconsin) has a population of 594,548 per the 2019 consensus. Therefore, if Milwaukee were consistent with the trend of other cities, those 197 people would be 128, potentially saving approximately 69 lives.
Counterargument
Despite universal background checks’ wide support, 83% of gun owners and 90% of Americans support the policy (Public Polling Survey, 2015). People are still skeptical of its effectiveness, and because of the lack of controversy, politicians haven’t taken up the issue recently. Although inefficiency is a concern with any policy, it has shown itself to have significant impacts in reducing illegal gun transfers and violence. As for it not being a “hotbed” issue, gun control will likely become a targeted issue in upcoming elections with such an increase in violence.
Cost: Although monetary cost is important in any proposed policy, there are not many figures showing universal background checks imposing an increased cost to the state. As gun sales are a private business, any increased compliance and monetary cost are placed on gun buyers and sellers, as it forces sellers to go through more channels to transfer firearms. However, the added burden on sellers and consumers is necessary to secure gun transfers and keep people safe.
Second Amendment: Any challenge of constitutionality against universal background checks is irrelevant as background checks uphold laws that have already passed and deemed constitutional.
Conclusion
Wisconsin has a long way to go as far as gun safety, but universal background checks offer a step in the right direction as they are effective and supported. Just because gun violence in Wisconsin isn’t widespread throughout the state and mainly affects minorities, this policy is no less important. It’s essential to protect all members of the community in Milwaukee County and the entirety of the state, and universal background checks are critical to keeping this forward state moving forward.
References
Everystat. “Gun Violence in Wisconsin – Everystat.” Gun Violence in Wisconsin, 2021. https://everystat.org/wp-content/uploads/2021/02/Gun-Violence-in-Wisconsin-2.9.2021.pdf.
Giffords Law Center to Prevent Gun Violence. “The Economic Cost of Gun Violence in Wisconsin .” Rockefeller Brothers Fund. Accessed April 8, 2022. https://www.rbf.org/grantees/giffords-law-center-prevent-gun-violence.
Giffords Law Center. “Giffords Law Center to Prevent Gun Violence. 2022 ‘Firearm Prohibitions in Wisconsin.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 29 March.” Firearm Prohibitions in Wisconsin – GunPolicy.org, 2022. https://www.gunpolicy.org/firearms/citation/quotes/7303.
Giffords Law Center. “Universal Background Checks.” Giffords, October 4, 2021. https://giffords.org/lawcenter/gun-laws/policy-areas/background-checks/universal-background-checks/. /.
Hughes, Elliot. “Another Record-Breaking Year of Homicides Ends with 197 Lives Lost in Milwaukee.” Milwaukee Journal Sentinel. Milwaukee Journal Sentinel, January 13, 2022. https://www.jsonline.com/story/news/2022/01/01/milwaukee-totals-197-homicides-2021-according-law-enforcement/9037816002/.
Jordan, Ben. “Medical Examiner: Milwaukee County on Pace for 300 Homicides in 2022.” TMJ4. TMJ4, January 31, 2022. https://www.tmj4.com/news/local-news/medical-examiner-milwaukee-county-on-pace-for-300-homicides-in-2022.
O’Donnell, Dan. “The Greatest Threat to Black Lives in Wisconsin.” MacIver Institute, April 28, 2021. https://www.maciverinstitute.com/2021/04/the-greatest-threat-to-black-lives-in-wisconsin/.
Public Policy Polling. “National Survey Results – Americanprogress.org,” 2015. https://americanprogress.org/wp-content/uploads/2015/11/PPP-GunOwnersPollResults-11.17.15.pdf.
Staff, FindLaw. “Wisconsin Gun Control Laws.” Findlaw, June 9, 2021. https://www.findlaw.com/state/wisconsin-law/wisconsin-gun-control-laws.html.
Student, BU, Kelly Connors, Tyler L Cruse, Greg D Crawford, Moriah Mikhail, Janie Venado, Dean Weingarten, et al. “State Gun Laws That Actually Reduce Gun Deaths.” Boston University, August 6, 2019. https://www.bu.edu/articles/2019/state-gun-laws-that-reduce-gun-deaths/.
Webmaster@FFLConsultGroup.com. “Federal Firearms License: What Is It and Do You Need One.” Firearms Licensing And Consulting Group, LLC, March 29, 2016. https://fflconsultinggroup.com/federal-firearms-license-what-is-it-and-do-you-need-one/.
Wisconsin Department of Justice. “Wisconsin Department of Justice.” Firearms Unit | Wisconsin Department of Justice. Accessed April 17, 2022. https://www.doj.state.wi.us/dles/cib/firearms-unit.