IS
PHILADELPHIA'S VIOLENCE DUE TO FIREARMS AVAILABILITY?
By
Howard Nemerov
May
28, 2008
NewsWithViews.com
Recently,
Philadelphia Mayor Michael Nutter compared himself to the Founders of
this country when he signed five new gun control bills despite state
preemption which allows only the state legislature to do so.
In
attempting to pass these laws, Mayor Nutter follows the classic anti-gun
thesis, that controlling levels of civilian firearms leads to reduced
crime. His laws are a multi-faceted approach to empower local government
to reduce the civilian inventory by:
•
Limiting handgun purchases to one per month per buyer. • Requiring that lost or stolen firearms must
be reported within 24 hours. • Prohibiting individuals under court-ordered
protection rulings from possessing guns. • Allowing removal of firearms from a person’s
possession if the government decides such ownership poses “a risk
of imminent personal injury.” • Outlawing possession and sales of certain firearms
determined to be “assault weapons.”
But
is it firearms availability that causes violent crime in Philadelphia?
Philadelphia
Law Enforcement Experience
Philadelphia
is the sixth largest city in the United States, yet in 2006 it led all
cities in the number of justifiable homicides committed by law enforcement
officers (LEO JH). This unusually high number placed Philadelphia ahead
of every state except four (Arizona, California, Pennsylvania, and Texas).
Table 1 displays a comparison of cities with over 1,000,000 population,
with numbers of LEO JH and overall violent crime rates for 2006. While
there is at best a weak correlation between LEO JH and violent crime
rates, Philadelphia nevertheless leads in both categories.
Do
More Guns Cause More Crime?
As
noted above, Mayor Nutter’s proposed laws are based on the belief
that reducing the civilian firearms inventory will reduce violent crime
in Philadelphia. Such conclusions are valid only if there is some way
to prove that places with a higher density of civilian firearms also
experience higher rates of violent crime. One way to do so is to perform
a survey, such as the one done in 2001 by the North Carolina State Center
for Health Statistics as part of their Behavioral Risk Factor Surveillance
System (BRFSS), where they asked 201,881 respondents from all over the
country the following question: “Are any firearms now kept in
or around your home? Include those kept in a garage, outdoor storage
area, car, truck, or other motor vehicle.”
The
problem with surveys is that they can result in underestimates of gun
ownership. There are many reasons why a respondent would deny gun ownership.
Perhaps the gun is not legally owned, or maybe the owner simply wants
to maintain his privacy. Perhaps he fears that the survey data might
be given to the government, to be used against him if he did not comply
with a gun confiscation law enacted sometime in the future. It is impossible
to know how many households have guns but will not admit ownership to
outsiders.
In
any case, to derive any value from surveys like the BRFSS, one must
assume that the margin of error resulting from underreporting is similar
across the board, so that the reported percentage of gun-owning households
in one state is ranked accurately relative to other states.
The
BRFSS data was collated with the 2001 fatal injury data compiled by
the Centers for Disease Control (CDC) and the 2001 violent crime and
homicide indices compiled by the Federal Bureau of Investigation (FBI),
in order to determine if any correlation exists between levels of gun
ownership, homicide, and overall violent crime rates. Table 2 displays
the average homicide and violent crime rates of states grouped by their
level of civilian gun ownership. (Note: All homicide and violent crime
values are listed in rates per 100,000 population.) States are divided
into five groups according to the percent of households responding “yes”
to the BRFSS question: less than 20% affirmative, 20-30%, 30-40%, 40-50%,
and over 50% affirmative. The second column notes the number of states
falling into each ownership level group. The next three columns report
the average 2001 overall, firearm, and non-firearm homicide rates from
the CDC, for each of the five state groups. The last two columns provide
the average 2001 violent crime and homicide rates from the FBI for each
of the five groups.
With
two exceptions, there is a strong correlation between higher levels
of civilian firearms ownership, lower homicide rates, and lower violent
crime rates.
The
first exception is where the group of states with firearms ownership
rates between 20% and 30% of all households had a higher violent crime
rate than those states with less than 20%. However, as ownership levels
rose above 30%, violent crime rates consistently decreased: States with
over 50% ownership rates had a 46.9% lower violent crime rate than states
with 20-30%, and 42.3% lower violent crime than states with less than
20% ownership rates.
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The
second exception shows a slight rise in the levels of CDC firearm homicide
between the 30-40% and 40-50% gun ownership states. Nevertheless, there
is a clear, fairly consistent drop in overall homicide rates and both
firearms and non-firearms homicide rates as gun ownership rates increase.
States with over 50% ownership rates had a 53.1% lower total homicide
rate than states with less than 20% ownership rates, according to the
CDC.
What
is most interesting is that levels of non-firearm homicide show a consistent
decrease in states with higher levels of gun ownership. Also interesting
is the fact that states with less than 20% firearms ownership
rates had a higher non-firearms homicide rate than the total
homicide rate in states with over 30% firearms ownership rates.
This
underscores the idea that intent plays a larger role in determining
the outcome of a violent interaction than the tool the criminal uses.
In any case, states with over 50% ownership rates had a 36.8% lower
firearm homicide rate, and 67.4% lower non-firearm homicide rate, than
states with less than 20% ownership rates.
The
FBI homicide data corroborate the CDC data. As gun ownership increases,
homicide rates decline: States with over 50% ownership rates had a 51.4%
lower total homicide rate than states with less than 20% ownership rates.
The
FBI Classification System
In
the Uniform Crime Reporting Handbook, the FBI defines justifiable homicide
and places strict limits upon its interpretation:
Certain
willful killings must be classified as justifiable or excusable. In
UCR, Justifiable Homicide is defined as and limited to:
•
The killing of a felon by a peace officer in the line of duty.
• The killing of a felon, during the commission of a felony,
by a private citizen.
The
Handbook also notes that:
Justifiable
homicide, by definition, occurs in conjunction with other offenses.
Therefore, the crime being committed when the justifiable homicide took
place must be reported as a separate offense. Reporting agencies should
take care to ensure that they do not classify a killing as justifiable
or excusable solely on the claims of self-defense or on the action of
a coroner, prosecutor, grand jury, or court.
In
the FBI’s companion guide to their Supplementary Homicide Report,
they require a Circumstance code of 81 for LEO JH, which they label
as “Felon killed by police.” For justifiable homicides only,
there is an additional sub-code which must be entered in the Homicide
Report. Reporting agencies record an “A” to signify that
the police officer committed justifiable homicide during a felonious
attack against him or her (self-defense). A “B” indicates
that the felon was shot while attacking a fellow police officer (defense
of others). Of the 20 LEO JH committed by Philadelphia police in 2006,
18 of these consisted of self-defense (“A”) and one stopped
an attack against a fellow officer (“B”). The remaining
justifiable homicide was committed while the felon was killed during
the commission of a crime (“E”).
To
summarize the FBI criteria:
1.
Justifiable homicides by nature imply defense against a violent felony.
2. The FBI finds homicide “excusable” only
when it involves “the killing of a felon.” 3. The FBI finds homicide “excusable” only
when it “occurs in conjunction with other offenses” which
must also be reported. 4. Unsubstantiated claims of self-defense are an insufficient
reason for claiming a homicide was justifiable.
Conclusion
Philadelphia
police officers, whose lives depend upon timely evaluation of situations
often involving violent criminals, assume a certain amount of risk in
their day-to-day experiences. The FBI justifiable homicide data highlights
the serious results which sometimes occur when dealing with such risk.
In conjunction with the negative correlation between gun ownership levels
and violent crime, there are clear indications that the violence levels
of the criminal population in Philadelphia are responsible for the city’s
violent crime problem.
1
- Jeff Shields, Nutter
defiantly signs five gun laws, Philadelphia Enquirer, April 11, 2008.
2 - Federal Bureau of Investigation, Supplementary
Homicide Report – File Listing 2006: By State Within Group (UCR44300),
February 20, 2008. This data is available upon request from the FBI.
Email cjis_comm@leo.gov 3 - Federal Bureau of Investigation, Supplementary
Homicide Report – File Listing 2006: By State Within Group (UCR44300.
This data is available upon request from the FBI. Email cjis_comm@leo.gov 4 - Federal Bureau of Investigation, Table 8 –
Offenses
Known to Law Enforcement by State by City, 2006. 5 - Ibid. 6 - As reported in FBI’s Table 8 “The data
collection methodology for the offense of forcible rape used by the
Illinois…does not comply with national UCR Program guidelines.
Consequently, their figures for forcible rape and violent crime (of
which forcible rape is a part) are not published in this table.” 7 - North Carolina State Center for Health Statistics,
Behavioral Risk Factor Surveillance System, BRFSS
Survey Results 2001 for Nationwide: Firearms. 8 - Gary Kleck, Point Blank: Guns and Violence in America
455-60 (1991); Ann P. Rafferty, John C. Thrush, Patricia K. Smith &
Harry B. McGee, Validity of a household gun question in a telephone
survey, 110 PUB. HEALTH REP. 282 (1995). 9 -National
Center for Injury Prevention and Control, WISQARS Injury Mortality
Reports, 1999-2005, Centers for Disease Control. 10 - Federal Bureau of Investigation, Section II, Table
4: Index of Crime by Region, Geographic Division, and State,
2001-2002. 11 - Includes Washington, DC, which is why “Number
of States” equals 51. DC is included because it is a self-governing
entity, as shown by its ability to pass a law banning functioning firearms,
and its population in 2001 was larger than the state of Wyoming. 12 - Federal Bureau of Investigation, Uniform
Crime Reporting Handbook, revised 2004, page 17. 13 - Ibid, pages 17-18. 14 - Federal Bureau of Investigation, Supplementary
Homicide Report Coding Guide (Revised 1/80). This document is available
upon request from the FBI. 15 - Ibid. 16 - Federal Bureau of Investigation, Supplementary
Homicide Report – File Listing 2006: By State Within Group (UCR44300).
Code “E” defined in Supplementary Homicide Report Coding
Guide.
Howard
Nemerov is a “recovering” gun control supporter. He began
to research the issue of gun control on his own, and what he found transformed
his perspective. Now he writes to help gun owners become better emissaries
when talking about gun rights, and to help undecided people understand
the underlying principles of the right to self-defense.
Howard
is a contributor for the Texas State Rifle Association’s “TSRA
Sportsman” and appears frequently on NRA News as an Analyst At Large,
talking about gun control and its threat to our way of life and liberty.
His new book is “Four
Hundred Years of Gun Control: Why Isn’t It Working?”
Where the emphasis has been on rhetoric and legislation, this book includes
extensive data analysis from neutral and even pro-gun-control sources
to determine if the rhetoric is true, and if the laws have worked...after
Four Hundred Years.
In any case, to derive
any value from surveys like the BRFSS, one must assume that the margin
of error resulting from underreporting is similar across the board, so
that the reported percentage of gun-owning households in one state is
ranked accurately relative to other states.