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Date:         Mon, 27 Jun 94 19:10:11 EDT
From: John Grossbohlin <GROSSBOJ%SNYNEWVM.bitnet@CUNYVM.CUNY.EDU>
Subject:      File Transfer
To: Jeff Chan <CHAN@SHELL.PORTAL.COM>
Status: R

Jeff,

Following is the text of one of Don Kates' files.

John
*************


JOHN [Grossbohlin]: THIS IS A DECLARATION CREATED FOR MY
LA CCW CASE. IT IS NOT COPYRIGHTED AND I SEE NO
REASON WHY YOU CAN'T USE IT!
								[Don B. Kates, Jr.]



	I, DAVID J. BORDUA, declare and say:
I am a professor of sociology at the University of Illinois in Champagne-
Urbana, a position I have held for the past 28 years, 25 as full professor, 3
as associate professor. One of my primary areas of study has been the
criminology of firearms and the sociology of firearms ownership in the
United States. My principal published works on these subjects include:
"Firearms Ownership and Violent Crime: A Comparison of Illinois
Counties", in J. Byrne and R. Sampson (ed.) THE SOCIAL ECOLOGY
OF CRIME (1986); "Gun Control and Opinion Measurement", 5 LAW &
POLICY Q. 345 (1983); Lizotte and Bordua, "Firearms Ownership for
Sport and Protection: Two Divergent Models", 45 AM. SOC. REV. 229
(1980); Lizotte, Bordua and White, "Firearms Ownership for Sport and
Protection: Two Not So Divergent Models", 46 AM. SOC. REV. 499
(1981); Bordua and Lizotte, "Patterns of Legal Firearms Ownership: A
Cultural and Situational Analysis of  Illinois Counties" 1 LAW &
POLICY Q. 147 (1979). In addition, the Department of Sociology,
University of Illinois has published two of my monographs: Bordua,
Beeman, and Kelley, "Operation and Effects of Firearm Owner
Identification and Waiting Period Regulation in Illinois" (1985) and
"Firearms Ownership in Illinois: An Informational Report" (1988).

Based on my study in the area, if called as an expert witness I would
testify as follows:
	1. This declaration represents only my own sincere scholarly
opinion -- for which I receive no remuneration. I have not asked for, been
paid or promised any emolument whatever for executing this declaration
or in any other connection with this case.

	2.  I have reviewed the following which I understand to be an
official policy statement by the Board of Police Commissioners of the
City of Los Angeles:
 		By operation of California law, Penal Code Section
12050, the Board of Police Commissioners has the
discretionary authority to issue a license to carry a concealed
weapon to a resident of the county provided that the person is
of good moral character and that good cause exists for
issuance of the license.
		 However, experience has revealed that concealed
firearms carried for protection not only provide a false sense of
security but further that the licensee is often a victim of his
own weapon or the subject of a civil or criminal case
stemming from an improper use of the weapon.
		It is the Board's considered judgment that utilization of
standard commercial security practices furnishes a security
which is both more safe and more sure than that which
obtains from the carrying of a concealed weapon. This
judgment is in accord with the view of the California Peace
Officers Association -- expressed formally on two occasions in
1968 and 1973 "that all licenses to carry concealed weapons
by private individuals in the State of California be revoked
and that the legislation authorizing the issuance of such
licenses be repealed."
		 For these reasons, considering the dangers to society
resulting from possession and use of concealed weapons, it is
the policy of this Board that "good cause" for the issuance of
any concealed weapons license would exist only in the most
extreme and aggravated circumstances.

	2. The following erroneous opinions appear to be asserted or
implied in this policy statement: a) that guns kept or carried by citizens of
"good moral character" have little value for defense or the prevention of
crime; b) that, in a violent confrontation, guns kept for defense are
frequently taken away by the criminal and turned on the defender with
more hazardous results for him/her than if s/he did not have a gun for
defense; and c) that defensive guns possessed by civilians of "good moral
character" are a danger to society and are frequently misused by those
citizens. None of these assertions or implications comport with, or find
support in, the empirical evidence on gun ownership and use in the
United States. Rather, they are largely contradicted by that evidence.

	DANGER TO INNOCENT FELLOW-CITIZENS
	3. Beyond the vague reference to "improper use of the weapon", the
statement does not indicate what is meant by "the dangers to society
resulting from [legal] possession and use of concealed weapons" by
citizens of "good moral character". I shall address all the dangers
commonly discussed, starting with the danger that even a citizen with
"good moral character", might misidentify innocent persons as criminal
attackers or use a gun against a criminal when such force would be
excessive or unwarranted.

	4. Obviously, such evils are at least theoretically possible, so long
as either police or civilians possess firearms. However, the only direct
study of the subject found incidence of such mistaken, unwarranted or
excessive force by civilians to be negligible. Kates, "The Value of
Civilian Arms Possession as Deterrent to Crime or Defense Against
Crime", 18 AMERICAN JOURNAL OF CRIMINAL LAW 113, 130
(1991). This is confirmed by available national data on accidental
woundings which result in death. The total number of guns in the United
States exceeds 200 million with one in every two households possessing
at least one; 25% of all households possesses a handgun. Yet incidents in
which householders misidentify and shoot family members in the
mistaken belief that they are burglars or intruders are extremely rare.
Such incidents account for less than two per cent of all fatal gun
accidents. As fatal gun accidents number about 1,400 annually, less than
28 per year involve such circumstances.

	5. It is also noteworthy that law-abiding civilians may obtain CCW
permits, or carry concealed firearms, as a matter of right in the states of
Pennsylvania, Florida, Oregon, Vermont, Georgia, Indiana and
Washington. If excessive, unwarranted or misidentification gun use by
such civilians were more than a negligible problem, it would presumably
be most evident in these states. But I am aware of no data documenting or
suggesting any such problem there. On the contrary, the data available for
the period during which Florida has had a mandatory concealed carry
permit law support the conclusion of negligible incidence of such
shootings by law-abiding civilians: the Florida Department of State
Division of Licensing indicates that 129,049 licenses were issued to
civilians for concealed handgun carry from October 1, 1987 through July
31, 1991 -- of which only fifteen (.01%) have been revoked for a crime
involving a firearm. Presumably this included crimes that did not involve
the permit, e.g. crimes committed by the permit-holder in his own home
or office.

	THE GOOD CITIZEN AS MURDERER
	7. Another supposed danger to society posed by gun-carrying by
civilians of "good moral character" is the belief that murder is largely a
matter of good citizens killing each other in a fit of passion. No one seem
to argue that possessing or carrying guns would cause good citizens to
become rapists or robbers. But it is sometimes suggested that many or
most murders are committed by good citizens who kill acquaintances,
relatives or intimates in a fit of passion. The unlikelihood of that
suggestion is confirmed by the Florida figures cited above as to the very
low instance of gun misuse by good citizens carrying guns under permit.
That suggestion is further contradicted by innumerable studies of
homicide, both national and local.

	8. Criminological studies uniformly indicate that murderers  are not
ordinary or good citizens but tend to be violent aberrants with life-long
histories of violence (mostly directed against relatives and
acquaintances), felony, mental imbalance, substance abuse and firearm
and car accidents. National data show 67-78% of arrested murderers
having prior records for a violent felony or burglary. They averaged four
major prior felonies over a prior criminal career of at least six years. Of
domestic homicide offenders, 70-75% have prior records. A National
Institute of Justice-sponsored survey among 2,000 inmates of 10 state
prisons found those who sporadically or regularly used guns in crime to
be the "hardest" felons. Per capita they had committed both more violent
crimes (including ones with weapons other than firearms) than other
prison inmates and more crimes of all kinds. J. Wright & P. Rossi,
ARMED AND DANGEROUS: A SURVEY OF FELONS AND THEIR
FIREARMS 65-77 (1986).

	9. Such records (which don't even include juvenile arrests) are only
the visible part of the iceberg. Murderers often have life histories of
violence which never resulted in charges, having been directed against
family and friends. The extent of such violence within a relatively short
time frame is indicated by police records in Detroit and Kansas City: In
90% of domestic homicides, police had had to be called to the residence
at least once in the two years prior; in 54% of the cases, they had been
called five or more times. Typical "acquaintance homicides" are mutual
killings among rival gang members, drug dealers or organized crime
figures, and abusive husbands killing their wives. As the leading
authority on domestic homicide has commented, "The day-to-day reality
is that most family murders are preceded by a long history of assaults...."
Studies "indicate that intrafamily homicide is typically just one episode in
a long standing syndrome of violence."

	10. The same kinds of criminal and irresponsible behavior,
substance abuse, etc. tend to characterize the life histories of fatal gun
accident perpetrators (including those who irresponsibly leave firearms
accessible to children). G. Kleck, POINT BLANK: GUNS AND
VIOLENCE IN AMERICA (1991) ch. 7. The research does not support
the supposed dangers of proper licensure of civilians of "good moral
character" to carry concealed firearms for self-defense. The Board's fears
seem baseless in light of my own, and many other, studies which find no
positive correlation between gun ownership and crime rates or a negative
correlation, i.e., that cities and counties with high gun ownership suffer
less violence than demographically comparable areas with lower gun
ownership.

	DEFENSIVE VALUE OF GOOD CITIZENS' FIREARMS
POSSESSION
	11. The Board's concern that good citizens may be injured if they
use a gun to resist crime is also highly exaggerated. The major source of
empirical data as to injury rates of gun-armed victims who defend against
crime is an analysis of a decade of national victim surveys which were
conducted under the auspices of the National Institute of Justice
Department.  Though 12.1-17.4% of victims who resist with a gun are
injured, this is only half the percentage of injury suffered by victims who
do not resist at all, but rather surrender themselves to the mercy of rapists
or robbers. Victims who resist with guns are also far less likely to suffer
robbery or rape.

	12. Ironically, the Board's concern about victim injury is most
justified not as to victims who have access to guns but as to those who do
not. Victims who don't have guns but resist with some other weapon, or
their bare hands, are four times more likely to be injured than those who
resist with a gun. Resisters who don't have guns are about twice as likely
to be injured as those who submit, but, once again, are much less likely to
be robbed or raped. Kates, "The Value of Civilian Arms Possession as
Deterrent to Crime or Defense Against Crime", 18 AMERICAN
JOURNAL OF CRIMINAL LAW 113, table at 166 indicating the
following injury percentages: 12.1% of those who used a gun to resist
assault and 17.4% of those who used a gun to resist robbery were injured
while 24.7% and 27.3% of those who submitted to assault and robbery
(respectively) were injured; 40.3% and 29.5% (respectively) of those who
resisted with a knife and 50.8% and 52.1% (respectively) of those resisted
with bare hands were injured. Gun-armed resisters succeeded in driving
off, capturing or killing their attackers in 83-4% of the cases. Id. at 143.

	13. The Board's concern that "often" a licensee will have his gun
taken away and used against him is also misplaced in light of national
statistics on the subject. Analysis of National Crime Survey data collected
under the auspices of the National Institute of Justice for the years 1979-
85 has revealed that that occurred in less than 1% of cases involving
defensive gun use. Note that that figure includes instances in which the
gun was not taken from the victim's hand or person, but rather was found
by a burglar in the victim's premises and then used to injure the victim.

	DETERRENT VALUE OF DEFENSIVE GUN POSSESSION
	14. Finally, if criminals perceive that defensive firearms ownership
is particularly widespread in an area, that perception may deter robbery,
rape, burglary against occupied premises and other confrontation crime.
In 1982 the Atlanta suburb of Kennesaw, enacted a widely publicized
ordinance requiring that a firearm be kept for self-defense in every
household. Though this was apparently just a reaction to, and symbolic
rejection of, the 1982 ordinance banning handguns in Morton Grove,
Illinois, the resulting publicity coincided with an 89% reduction in
residential burglary in Kennesaw compared with the period immediately
preceding the ordinance. This virtual cessation of residential burglary
continues to this day. Kleck, POINT BLANK, supra, Kates, supra at 153-
5.

	15. Similar results appeared from a highly publicized 1966 program
in which 3,000 civilian women received defensive handgun training from
Orlando, Fl. police. Based on the FBI Uniform Crime Report for 1967,
reported rape attacks in the city itself declined 88.2%, while aggravated
assault and burglary declined by about 25% (respectively). No
explanation other than the firearms program credibly accounts for this
phenomenon. The rest of the surrounding Standard Metropolitan Area
experienced only an 8.7% decline in rape which may itself have
represented a spill-over from the Orlando city program; rape actually
increased by 5% in Florida overall that year and by 7% in the United
States overall. Nor was the effect in Orlando limited to that year. Though
rape gradually increased again after the program ended, five years later
the rate was still 13% below the pre-program level. In contrast, during
that five year period the national rape rate increased 64% and the Florida
rate increased 96.1%. During the same five year period rape increased by
308% in the surrounding Standard Metropolitan Area. Similar results
have been reported from programs in Detroit, Highland Park, MI. and
New Orleans, Kleck, POINT BLANK, supra, Kates, supra at 153-5.
CAVEAT: these local data suggesting deterrence involve limited time
frames. The deterrent result might not obtain over a longer period.

	FELON SURVEY
	16. The foregoing evidence as to both the defensive value of
firearms and the deterrent they pose to confrontation crime is confirmed
by a National Institute of Justice survey of 2,000 imprisoned felons in ten
state prisons across the nation: 34% had been "scared off, shot at,
wounded or captured by an armed victim," and 69% knew at least one
other criminal who had also. Answering two other questions: 34% of the
felons said that when thinking about doing a crime they either "often" or
"regularly" worried that they "Might get shot at by the victim"; and 57%
agreed that "Most criminals are more worried about meeting an armed
victim than they are about running into the police." J. Wright & P. Rossi,
ARMED AND DANGEROUS: A SURVEY OF FELONS AND THEIR
FIREARMS 154-7 (1986).

	VERIFICATION
	I, David J. Bordua, certify and declare under penalty of perjury
under the laws of the State of California that the foregoing is a true and
correct statement of my opinions and of the criminological and
sociological evidence known to me and upon which my opinions are
based. Executed this _____ day of August, 1992 at the University of
Illinois, Urbana.

	________________________________________

1.	See generally D. Mulvihill, et al. CRIMES OF VIOLENCE: REPORT
OF THE TASK FORCE ON INDIVIDUAL ACTS OF VIOLENCE
(Washington, D.C., Gov't. Printing Office, 1969), table at 532; F.B.I.,
UNIFORM CRIME REPORT-1971 at 38 (1972); R. Narloch,
CRIMINAL HOMICIDE IN CALIFORNIA at 53-54 (Cal. Bur. of
Crim. Stats., 1973); A. Swersey and E. Enloe, HOMICIDE IN
HARLEM 17 (Rand, 1975); FBI, UNIFORM CRIME REPORT-1975
at 42ff. (1976); other local studies reviewed in Kleck "Capital
Punishment, Gun Ownership and Homicide", 84 AMERICAN
JOURNAL OF SOCIOLOGY 882, 893 (1979); SENATE SUB-
COMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY,
19th CONGRESS, HEARINGS, SECOND SESSION 75-6; Chicago
Police Department, MURDER ANALYSIS (mimeo volumes for the
years 1987-91 showing that 74.68% of Chicago murderers in that five
year period had priors).
2.	Straus, "Domestic Violence and Homicide Antecedents", 62
BULLETIN OF THE N.Y. ACADEMY OF MEDICINE 446, 454,
457 (1986) and Straus, "Medical Care Costs of Intrafamily Assault
and Homicide", 62 N.Y.  ACAD. OF MED. 556, 557 fn. (1986); see
also Zahn, "Homicide in the Twentieth Century: Trends, Types and
Causes", 1 T. Gurr, VIOLENCE IN AMERICA (1989).
3.	Murray, "Handguns, Gun Control Law and Firearm Violence", 23
SOCIAL PROBLEMS 81 (1975); Bordua and Lizotte, "Patterns of
Legal Firearms Ownership: A Cultural and Situational Analysis of
Illinois Counties" 1 LAW & POLICY Q. 147 (1979); Lizotte and
Bordua, "Firearms Ownership for Sport and Protection: Two Divergent
Models", 45 AM. SOC. REV. 229 (1980); Kleck, "The Relationship
between Gun Ownership Levels and Rates of Violence in the United
States" in D. Kates (ed.) FIREARMS AND VIOLENCE (1984);
McDowall, Gun Availability and Robbery Rates: A Panel Study of
Large U.S. Cities, 1974-1978, 8 LAW & POLICY Q. 135 (1986);
Bordua, "Firearms Ownership and Violent Crime: A Comparison of
Illinois Counties" in J. Byrne and R. Sampson (ed.) THE SOCIAL
ECOLOGY OF CRIME (1986); Kleck & Patterson, "The Impact of
Gun Control and Gun Ownership Levels on City Violence Rates", a
paper presented to the 1989 Annual Meeting of the American Society
of Criminology (available from the authors at Florida State University
School of Criminology). See also Eskridge, "Zero-Order Inverse
Correlations between Crimes of Violence and Hunting Licenses in the
United States", 71 SOCIOLOGY & SOCIAL RESEARCH 55 (1986).
4.	Kleck, "Guns and Self defense: Crime Control Through the Private
Use of Armed Force", 35 SOCIAL PROBLEMS 1 (1987), G. Kleck,
POINT BLANK: GUNS AND VIOLENCE IN AMERICA, ch. 4
(1991).

                  John A. Grossbohlin

    SUNY at New Paltz - Business Administrtion Dept
               GROSSBOJ@NPVM.NEWPALTZ.EDU

SUNY at Albany - Organizational Studies Ph.D. Program
                JG7831@UACSC2.ALBANY.EDU

