A comprehensive assessment of real gun reform legislation with recommendations for better design, implementation and enforcement A month after the Sandy Hook Elementary School shooting, New York State passed, with record speed, the first and most comprehensive state post-Sandy Hook gun control law. In The Toughest Gun Control Law in the Nation, James B. Jacobs and Zoe Fuhr ask whether the 2013 SAFE Act —hailed by Governor Andrew Cuomo as “the nation’s toughest gun control law” – has lived up to its promise. Jacobs and Fuhr illuminate the gap between gun control on the books and gun control in action. They argue that, to be effective, gun controls must be capable of implementation and enforcement. This requires realistic design, administrative and enforcement capacity and commitment and ongoing political and fiscal support. They show that while the SAFE Act was good symbolic politics, most of its provisions were not effectively implemented or, if implemented, not enforced. Gun control in a society awash with guns poses an immense regulatory challenge. The Toughest Gun Control Law in the Nation takes a tough-minded look at the technological, administrative, fiscal and local political impediments to effectively keeping guns out of the hands of dangerous persons and eliminating some types of guns altogether.

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Few schisms in American life run as deep or as wide as the divide between gun rights and gun control advocates where the debate is largely defined by forceful rhetoric rather than substantive analysis. This text explores the gun-control options of the most heavily armed democracy in the world.

The growing concern over the number of accidental firearm shootings, especially those involving children, prompted passage of the initial handgun safety law which went into effect in 1994. The stated intent of the California Legislature in enacting the current FSC law is for persons who obtain firearms to have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. The statutory authority for this program is contained in Penal Code sections 26840 and 31610 through 31700. These statutes mandate DOJ to develop, implement and maintain the FSC Program. Pursuant to Penal Code section 26840, a firearms dealer cannot deliver a firearm unless the person receiving the firearm presents a valid FSC, which is obtained by passing a written test on firearm safety. Prior to taking delivery of a firearm from a licensed firearms dealer, the purchaser/recipient must also successfully perform a safe handling demonstration with that firearm..

For over sixty million Americans, possessing a criminal record overshadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person’s interactions with just about everyone else. The Eternal Criminal Record makes transparent a pervasive system of police databases and identity screening that has become a routine feature of American life. The United States is unique in making criminal information easy to obtain by employers, landlords, neighbors, even cyberstalkers. Its nationally integrated rap-sheet system is second to none as an effective law enforcement tool, but it has also facilitated the transfer of ever more sensitive information into the public domain. While there are good reasons for a person’s criminal past to be public knowledge, records of arrests that fail to result in convictions are of questionable benefit. Simply by placing someone under arrest, a police officer has the power to tag a person with a legal history that effectively incriminates him or her for life. In James Jacobs’s view, law-abiding citizens have a right to know when individuals in their community or workplace represent a potential threat. But convicted persons have rights, too. Jacobs closely examines the problems created by erroneous record keeping, critiques the way the records of individuals who go years without a new conviction are expunged, and proposes strategies for eliminating discrimination based on criminal history, such as certifying the records of those who have demonstrated their rehabilitation.