Our Work

Introduction

Legal Community Against Violence (LCAV) provides free legal assistance and information to government officials, law enforcement, advocates and other community leaders across the U.S. seeking legislative and regulatory solutions to our nation’s gun violence epidemic. LCAV informs the public about gun violence prevention through our publications, presentations, testimony and media advocacy. LCAV promotes effective, legally-defensible gun violence prevention policies using the legislative and regulatory processes, as well as the courts of law and public opinion. This page highlights some of our work.

LCAV focuses on the following core areas: 1) assisting legislators and public officials in the drafting of gun legislation, and developing our own model firearm laws; 2) producing reports and publications; 3) testifying at public hearings and otherwise advocating for or against firearm-related laws; 4) filing amicus curiae (“friend of the court”) briefs in support of governmental entities and individuals in firearm-related litigation; 5) conducting legal and policy research and analysis; and 6) maintaining a web site detailing our gun law and policy research and analysis and providing access to all of our reports, publications, model laws and other gun violence prevention information (see LCAV’s Publications and Briefs section for these materials). Specific examples of each of our areas of expertise are provided on this page. For more detailed summaries of some of our projects, visit LCAV’s Case Studies page.

Amicus Curiae Briefs

LCAV has filed amicus curiae (“friend of the court”) briefs in a number of cases in support of victims of gun violence, to defend existing firearm laws, and against the gun industry, including briefs:

• In support of District of Columbia laws requiring firearms to be stored locked or disassembled in the home and effectively banning handgun possession in the interest of public safety. LCAV’s amicus brief in the U.S. Supreme Court case District of Columbia v. Heller, 128 S. Ct. 2783 (2008) also argued that the Second Amendment to the U.S. Constitution should be interpreted, consistent with prior precedent, as a constraint on the actions of the federal government alone, and not states or their political subdivisions. LCAV was joined in our brief by 11 major U.S. cities and The U.S. Conference of Mayors. LCAV also assisted the District by coordinating the filing of all amicus briefs in Heller in support of the District.

• In opposition to a decision finding that, under the federal law prohibiting gun possession by domestic violence misdemeanants, a domestic relationship between the offender and the victim must be an element of the predicate offense underlying the federal gun prohibition (U.S. v. Hayes, 482 F.3d 749 (4^th Cir. 2007), cert. granted, 128 S. Ct. 1702 (U.S. Mar. 24, 2008) (No. 07-608) [amicus brief]. On February 24, 2009, the U.S. Supreme Court held that the definition of "misdemeanor crime of domestic violence" under 18 U.S.C. § 921(a)(33)(A) does not require the predicate-offense statute to include, as an element, the existence of the domestic relationship. The government may charge and prove that a prior conviction was, in fact, for an offense committed against a spouse or other domestic victim. U.S. v. Hayes, 172 L. Ed. 2d 816, 825, 828 (2009).

• To hold the gun industry accountable for its action, and inaction, that creates a public nuisance through industry sales and marketing practices (see, e.g., City of New York v. Beretta U.S.A. Corp., 524 F.3d 384 (2d Cir. 2008) [amicus brief]; Young v. Bryco Arms, 821 N.E.2d 1078 (Ill. 2004) [amicus brief]. Chicago v. Beretta U.S.A. Corp., 785 N.E.2d 16 (Ill. App. Ct. 2002)) [amicus brief].

• In defense of a Jersey City, New Jersey ordinance limiting handgun purchases to one per person per month (Ass’n of N.J. Rifle and Pistol Clubs v. City of Jersey City, Docket Nos. A-4443-06T2, A-4708-06T2, 2008 N.J. Super. LEXIS 205 (N.J. Super. Ct. App. Div. Sept. 29, 2008) [amicus brief]; Brief of Amicus Curiae Legal Community Against Violence in Support of Petition for Certification, Ass'n of N.J. Rifle & Pistol Clubs v. City of Jersey City, No. 63385 (N.J., filed Jan. 8, 2009)) [amicus brief].

• In support of family members of victims of the 1999 North Valley Jewish Community Center shooting in Granada Hills, California, who filed claims of negligence and creation of a public nuisance against the gun industry (Ileto v. Glock, Inc., Nos. 06-56872, 07-15403 & 07-15404 (9th Cir. submitted Oct. 3, 2007)) [amicus brief].

• In support of Alameda and Los Angeles counties and, by extension, the authority of all local jurisdictions in California to regulate firearm possession and sale on city and county property for public safety purposes (Nordyke v. King, 44 P.3d 133 (Cal. 2002); Great Western Gun Shows, Inc. v. County of Los Angeles, 44 P.3d 120 (Cal. 2002); Nordyke v. King, No. 07-15763 (9th Cir. filed Jan. 15, 2008) [amicus brief].

Legislative Drafting/Model Laws

LCAV works with federal, state and local legislators to draft effective, legally-defensible statutes, ordinances and regulations. Visit LCAV’s Model Laws page for a list of our model legislation.

California Legislation – LCAV has worked extensively with California legislators on a variety of legislation. Most recently, LCAV co-sponsored legislation requiring that ammunition sellers obtain a state license, record all ammunition sales and conduct employee background checks, among other things. We also recently co-sponsored legislation requiring that personalization technology be incorporated into all new handguns sold in California 18 months after the state Department of Justice determines that such handguns are available for retail sale.

Legislation to Close Mental Health Loopholes – In 2007, LCAV provided legal and technical assistance to the staff of the Office of Illinois Attorney General Lisa Madigan in connection with the drafting of SB 940. SB 940 was enacted in the wake of the Virginia Tech shooting tragedy to address loopholes in Illinois’ mental health reporting for firearm purchaser background checks.

Ammunition Regulation in Connecticut – LCAV researched legal and policy issues and advised staff at the Connecticut General Assembly concerning the regulation of the sale and possession of ammunition. The General Assembly was considering regulating ammunition – traditionally an under-regulated area – to address gun violence in the state.

Alabama Mental Health Reporting – LCAV assisted an Alabama State Senator in crafting legislation to ensure that mental health information is supplied to the Federal Bureau of Investigation and available for the National Instant Criminal Background Check System used for firearm transfers. For more information about this work, click here.

In addition to our legislative assistance, LCAV also writes strong model laws, including the following:

LCAV Model Gun Owners’ Safety and Responsibility Ordinance – Designed specifically for local jurisdictions in Illinois, this model legislation requires any person seeking to own, possess, purchase or otherwise acquire a firearm to obtain a firearm safety certificate (requiring successful completion of safety training courses and testing), register his or her firearm, and notify law enforcement when his or her weapon is lost or stolen. The model also requires that gun owners safely store firearms in the home to prevent access by children and other unauthorized users.

Personalized Handguns Model Law – LCAV has drafted a detailed model law to require the personalization of handguns – equipping handguns with technology that prevents discharge of a handgun when operated by an unauthorized user. The model law also provides testing standards and certification procedures for personalized handguns.

Assault Weapons Report/Model Law – On the eve of the expiration of the federal assault weapon ban in 2004, LCAV released the report Banning Assault Weapons - A Legal Primer for State and Local Action (2004) to provide public officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans – particularly those at the state and local level – together with model legislation.

Publications/Reports

LCAV publishes reports to educate community leaders about the issue of gun violence prevention. LCAV’s publications are available throughout this web site

National Report: Regulating Guns in America – In February 2008, LCAV released the second edition of the comprehensive publication Regulating Guns in America: An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws, originally published in August 2006. The report, designed for use by state and local officials, law enforcement, and gun violence prevention advocates, provides in-depth information on 26 areas of gun policy, covering federal and state laws as well as local laws in ten major cities. The report compares and contrasts different policy approaches and offers a list of features that characterize the most comprehensive regulatory strategies in each policy area.

California Report – Each year, LCAV publishes the California Report, informing public officials and activists in California about the epidemic of gun violence in the state, with an update on firearm-related legal developments at the federal level. See our most recent report: 2008 California Report: Recent Developments in Federal, State and Local Gun Laws.

Second Amendment Brochure – Following the U.S. Supreme Court’s decision in District of Columbia v. Heller, which held that the Second Amendment to the U.S. Constitution guarantees an individual right to possess a handgun in the home for self-defense, LCAV published Gun Regulation and the Second Amendment – Moving Forward After District of Columbia v. Heller. This brochure describes the Court’s opinion, emphasizing that the Court held that the right is not unlimited and allows for broad firearm regulation for public safety purposes.

Legislative Testimony/Advocacy

LCAV testifies in support of strong gun violence prevention legislation, advocating for new statutes and pursuing cutting-edge policy concepts to stem gun violence. LCAV also engages in public education and advocacy campaigns to educate the public about new firearm-related laws and policies and to garner public support for their adoption.

Testimony in Support of Washington, DC Firearm Laws – On June 26, 2008, the U.S. Supreme Court decided the case District of Columbia v. Heller, 128 S. Ct. 2783 (2008), which held that the District’s ban on possession of a handgun in the home and the District’s safe storage requirement for firearms in the home violated the Second Amendment to the U.S. Constitution. In the wake of this decision, the District Council’s Committee on Public Safety and the Judiciary held hearings on the development and drafting of a package of strong, legally defensible laws to reduce firearm-related deaths and injuries that are consistent with the Heller decision. On October 1, 2008, LCAV testified in support of a detailed package of strong gun violence prevention laws, and offered legal drafting and technical assistance to the District.

Congressional Testimony: Mental Health Prohibitions & Reporting Requirements – Following the mass shooting tragedy at Virginia Tech on April 16, 2007, LCAV testified before the U.S. House Oversight and Government Reform Subcommittee on Domestic Policy on May 10, 2007, at a hearing entitled “Lethal Loopholes: Deficiencies in State and Federal Gun Purchase Laws.” LCAV provided both oral and written testimony to the Subcommittee addressing the need to close loopholes in federal prohibited purchaser provisions and the background check system, and discussing state laws that have addressed the issues presented by the federal loopholes.

Illinois Campaign to Prevent Gun Violence – In 2007, LCAV launched the Illinois Campaign to Prevent Gun Violence (ICPGV), a research-based, public education campaign to promote meaningful gun policy reform in Illinois. The Campaign has made significant progress in grassroots advocacy and public policy reform on the issue of gun violence. ICPGV works with statewide advisors representing law enforcement, the medical and public health communities, faith-based organizations, local and state policymakers and advocacy groups to inform the public, policymakers and media on the facts about gun violence and prevention policies. This campaign also continues LCAV’s ongoing collaboration with the City of Chicago to build regional and statewide coalitions and secure adoption of local and state gun policy measures.

California State Legislation – Each year, LCAV works closely with an array of dedicated organizations and legislators pursuing innovative gun violence prevention legislation in California. LCAV testifies annually at committee hearings in support of such legislation, and against legislation that promotes gun violence. In recent years, LCAV has actively supported numerous bills, including legislation that: 1) requires handgun “microstamping” technology (enabling law enforcement to trace a cartridge case found at a crime scene to the original purchaser/owner of the gun that discharged it, even without the gun); 2) requires that firearms dealers conduct background checks on their employees and cannot hire those who are prohibited from purchasing or possessing firearms; 3) ensures that new handgun models sold in the state have magazine disconnect mechanisms and chamber load indicators integrated into the design; and 4) prohibits the transfer or possession of 50 caliber rifles.

Local Legislative Assistance – Since its inception, LCAV has concentrated its efforts at the local level, working with communities in California, Illinois, Ohio and elsewhere to adopt and defend local firearm ordinances. LCAV helps local governments identify and enact effective firearm laws and regulations, and our services have contributed to the adoption of hundreds of local gun ordinances – many of which inspire state legislation. LCAV also maintains a library of local gun laws and pleadings filed in ordinance-related litigation. When a city or county is sued following the adoption of a gun violence prevention ordinance, LCAV also arranges for pro bono litigation assistance for that community, when practicable.

Research & Analysis

Illegal Firearm Trafficking/Mayors Against Illegal Guns – LCAV works closely with Mayors Against Illegal Guns (MAIG), a national coalition of nearly 300 mayors from more than 40 states launched by New York Mayor Michael Bloomberg and Boston Mayor Thomas Menino in 2006. MAIG is dedicated to making America’s cities safer by cracking down on illegal firearms trafficking. In addition to supporting local, state and federal legislative efforts to target illegal sales, the coalition opposes federal efforts to restrict cities’ access to gun trace data (restrictions imposed by the “Tiahrt Amendment” to congressional appropriations bills since 2004) and to restrict ATF’s efforts to combat illegal gun trafficking. LCAV provides research and analysis support to MAIG on federal, state and local gun law and policy.

Statement Against Allowing Guns on Campus – In 2008, the International Association of Campus Law Enforcement Administrators (IACLEA) requested LCAV’s assistance in drafting a position statement for the organization containing facts and statistics demonstrating to state and federal legislators and the public why permitting guns on college campuses and arming students and professors would be a significant threat to public safety.

Advocating for Home Rule/Local Regulatory Authority – In December 2006, the Ohio Legislature adopted a law that purports to preempt all local authority to regulate firearms, with a few limited exceptions. The Ohio Coalition Against Gun Violence (OCAGV) asked LCAV to analyze the legality of the bill with respect to the Home Rule Amendment to the Ohio Constitution. LCAV’s careful analysis revealed major weaknesses in the bill that could lead a court to strike it down as unconstitutional.

Consumer Regulation of Handguns – LCAV joined with the Illinois Lawyers of Legal Community Against Violence, the Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. and the MacArthur Justice Center of the University of Chicago Law School to draft Consumer Regulation of Handguns by the Illinois Attorney General (2003), a briefing paper on the broad authority of the Illinois Attorney General to make handguns safer under existing statutory authority through the regulatory process.

Ammunition Sales Regulation – LCAV assisted an Albany, New York Councilmember by analyzing whether Albany has authority to adopt an ordinance requiring ammunition sellers to keep detailed records of all transactions, and requiring that handgun ammunition be sold only to buyers displaying a valid license to purchase a handgun. LCAV reviewed whether New York law preempted such local provisions, summarized related laws in 21 other jurisdictions, and submitted a letter in support of the ordinance. Albany’s Council adopted the ordinance in December 2005.

Background Checks on All Gun Show Transfers – LCAV provided legal research and analysis to an Illinois state legislator on legislation to require background checks on all firearm sales at gun shows, a measure that would close a significant portion of the private sale loophole in the state and discourage illegal gun trafficking. Legislators opposing the measure attempted to attach a series of harmful amendments to the bill. LCAV’s analysis provided critical information that helped shape the bill and thwart the dangerous amendments. In 2005, Illinois adopted the original “clean” bill and now requires background checks on all sales at gun shows.

Web site

LCAV’s web site provides detailed summaries of all federal and state firearm laws and local gun laws in selected states. The web site also provides an in-depth discussion of more than 30 firearm-related policies, and summaries of nearly all federal and state appellate cases interpreting the Second Amendment. In addition, the web site provides access to model laws, gun violence-related statistics, LCAV case studies, and a majority of the amicus curiae briefs we have filed in firearm-related litigation. The web site also allows persons seeking gun violence prevention research to request assistance, become a member of our organization and donate to our mission, and to volunteer with LCAV.

Media and Public Education

LCAV promotes its work and advances its mission through the following:

• Public Education Campaigns – LCAV engages in campaigns to educate government officials, activists and the general public about the meaning of the Second Amendment, seek justice for victims of gun violence, and demonstrate the crucial influence of local firearm ordinances on federal and state gun policy reform.

• Media Activity – LCAV informs the media and the public on gun law and policy through one-on-one interviews, speaking engagements, press conferences, and by participating in television and radio discussions.

• Op Eds – LCAV has published over 25 op eds that provide legal analysis and commentary on important gun violence prevention issues, refute misinformation by the gun lobby, and promote effective measures to combat this scourge.

• Coalitions and Collaboration – LCAV works with national and state gun violence prevention organizations to prevent gun deaths and injuries, and collaborates with civil rights, domestic violence, education, consumer, faith-based and public health groups working to end gun violence in the U.S.