“Child access prevention law”的意思、由来-开放百科全书

A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes.^[1]^[2]

Federal laws

There is no federal CAP law, nor the federal law requires the safe storage of the guns.^[3] However, according to Protection of Lawful Commerce in Arms Act, it is unlawful for any licensed gun carrier to transfer firearms without safe storage.^[3]

State laws

As of 2019, 27 states in the United States, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington (effective July 1, 2019), Wisconsin had enacted a CAP law.^[4] Individual states decide what actions warrant criminal liability. Some states have more serious punishments for violation of CAP law. These states impose criminal liability when a minor is likely to gain access to a gun that is negligently stored. On the other end of the spectrum, some states only impose criminal liability when a minor is directly provided a gun by an adult.^[4] In 2013, California governor Jerry Brown signed the Firearm Safe and Responsible Access Act, one of the strictest CAP laws in the United States, into law.^[5] In Massachusetts, all firearms are required to be stored using locking device^[6], and children unsupervised access to handgun result $5,000 fine and/or 2.5 years in jail.^[7]

Studies

A 1997 study found that CAP laws were associated with a 23% decrease in accidental shooting deaths among children younger than 15 years old.^[8] A 2000 study found that Florida's CAP law appeared to have "significantly reduced unintentional firearm deaths to children," but that the similar laws that existed in 14 other states did not seem to have such an effect. At the time, only three states in the U.S., including Florida, allowed those who violated their state's CAP law to be prosecuted on felony charges.^[9] A 2004 study found that CAP laws were associated with a "modest reduction in suicide rates among youth aged 14 to 17 years."^[10] A 2006 study found that states with CAP laws experienced faster declines in accidental child firearm deaths than states without such laws.^[11] A 2015 study found that these laws have no significant impact on unintentional gun deaths, but that states with such laws had lower rates of youth suicide.^[12] Another study also points out that prevalence of guns might possibly affect suicide rates in general. ^[13] Some studies have also found that CAP laws are associated with lower rates of nonfatal gun injuries among children under the age of 18.^[14]^[15]

A survey published by Johns Hopkins Bloomberg School of Public Health estimated that 54% of gun owners in the United States had unsafe storage of guns. Additionally, Harvard T.H. Chan School of Public Health has estimated that some 380,000 guns are stolen annually from gun owners in the United States. In a separate study, the US Bureau of Alcohol, Tobacco, Firearms and Explosives estimated that 18,394 guns were lost of stolen by licensed gun retailers.^[16]

CAP laws, along with other strict firearm laws, are also associated with lower rates of unsafe gun storage among parents of preschool-age children.^[17] These laws are not always applied whenever they could be, and sometimes minors are charged instead.^[18] A 2018 National Bureau of Economic Research paper found that CAP laws were associated with a 19 percent reduction in juvenile firearm-related homicides (while having no association with firearm-related homicides committed by adults or with non-firearm-related homicides committed by juveniles).^[19] In contrast, a 2016 study found that these CAP laws were ineffective.^[20]

In regard to the effects of CAP laws on schools, a study using data from the Youth Risk Behavior Survey for 1993-2013 found that CAP laws lead to an 18.5% decrease in the rate of gun carrying. The study also found a 19% decrease in students being threatened or injured with a weapon on school property. As July 2004, the US Secret Service and US Department of Education published a study examining 37 school shootings from 1974-2000 that found that in more than 65% of cases, the attacker got the gun from his or her own home or that of a relative.^[22] However, the study finds no evidence of a link between CAP laws and a increased or decrease in school shootings.^[23]

A study conducted in North Dakota State University that aimed to evaluate the effectiveness of gun training programs on preschool children. The study found that although the Eddie Eagle GunSafe Program is effective at training children on what to say when they encounter a firearm (safety message), the program is not effective at training children on what to do when they are facing a gun in real life. The study examined the three main target of the program, teaching children safety message (what to say when facing a firearm), how to react to firm arm in a controlled setting, and last how to reach in a real-world situation. The study found that the Eddie Eagle program was effective at teaching children the safety message (5 out of 11). However, only 1 out of 11 was able to react correctly to the role play situation, and none of the students were able to react properly in a real-life situation. The study then concluded that the training program was not effective at keeping children safe.^[24]

References

1. ^{{cite web | url=http://www.huffingtonpost.com/mike-weisser/child-access-prevention-laws_b_6546772.html | title=Want to Learn About Gun Safety? Just Ask the NRA | work=Huffington Post | date=26 January 2015 | accessdate=20 March 2016 | author=Weisser, Mike}}
2. ^{{cite web | url=http://abc7.com/news/la-city-council-passes-tougher-gun-storage-laws/1053843/ | title=LA City Council passes tougher gun storage laws | work=ABC7 | date=27 October 2015 | accessdate=20 March 2016 | author=Granda, Carlos}}
3. ^¹{{Cite web|url=https://lawcenter.giffords.org/gun-laws/policy-areas/child-consumer-safety/child-access-prevention/|title=Child Access Prevention|website=Giffords Law Center to Prevent Gun Violence|language=en|access-date=2019-03-18}}
4. ^¹{{Cite web|url=https://lawcenter.giffords.org/gun-laws/policy-areas/child-consumer-safety/child-access-prevention/|title=Child Access Prevention|website=Giffords Law Center to Prevent Gun Violence|language=en|access-date=2019-03-17}}
5. ^{{cite web | url=http://www.slate.com/blogs/crime/2013/10/15/firearm_safe_and_responsible_access_act_california_s_strict_new_access_prevention.html | title=California’s Strict New Access Prevention Law Won’t Do Much to Stop Child Shooting Deaths | work=Slate | date=15 October 2013 | accessdate=20 March 2016 | author=Peters, Justin}}
6. ^{{Cite web|url=https://lawcenter.giffords.org/gun-laws/policy-areas/child-consumer-safety/child-access-prevention/|title=Child Access Prevention|website=Giffords Law Center to Prevent Gun Violence|language=en|access-date=2019-03-18}}
7. ^{{Cite journal|last=Jacobs|first=James B.|last2=Potter|first2=Kimberly A.|date=1995|title=Keeping Guns out of the "Wrong" Hands: The Brady Law and the Limits of Regulation|url=http://dx.doi.org/10.2307/1144001|journal=The Journal of Criminal Law and Criminology (1973-)|volume=86|issue=1|pages=93|doi=10.2307/1144001|issn=0091-4169}}
8. ^{{cite journal|last1=Cummings|first1=P|last2=Grossman|first2=DC|last3=Rivara|first3=FP|last4=Koepsell|first4=TD|title=State gun safe storage laws and child mortality due to firearms.|journal=JAMA|date=1 October 1997|volume=278|issue=13|pages=1084–6|pmid=9315767|doi=10.1001/jama.1997.03550130058037}}
9. ^{{cite journal|last1=Webster|first1=DW|last2=Starnes|first2=M|title=Reexamining the association between child access prevention gun laws and unintentional shooting deaths of children.|journal=Pediatrics|date=December 2000|volume=106|issue=6|pages=1466–9|pmid=11099605|doi=10.1542/peds.106.6.1466}}
10. ^{{cite journal|last1=Webster|first1=Daniel W.|title=Association Between Youth-Focused Firearm Laws and Youth Suicides|journal=JAMA|date=4 August 2004|volume=292|issue=5|pages=594–601|doi=10.1001/jama.292.5.594|pmid=15292085}}
11. ^{{cite journal|last1=Hepburn|first1=Lisa|last2=Azrael|first2=Deborah|last3=Miller|first3=Matthew|last4=Hemenway|first4=David|title=The Effect of Child Access Prevention Laws on Unintentional Child Firearm Fatalities, 1979-2000|journal=The Journal of Trauma: Injury, Infection, and Critical Care|date=August 2006|volume=61|issue=2|pages=423–428|doi=10.1097/01.ta.0000226396.51850.fc}}
12. ^{{cite journal|last1=Gius|first1=Mark|title=The impact of minimum age and child access prevention laws on firearm-related youth suicides and unintentional deaths|journal=The Social Science Journal|date=June 2015|volume=52|issue=2|pages=168–175|doi=10.1016/j.soscij.2015.01.003}}
13. ^{{Cite journal|last=Kleck|first=Gary|last2=Patterson|first2=E. Britt|date=09/01/1993|title=The Impact of Gun Control and Gun Ownership Levels on Violence Rates|url=https://www.jstor.org/stable/23365752?seq=1#page_scan_tab_contents|journal=Journal of quantitative criminology|volume=9|pages=249-287|via=JSTOR}}
14. ^{{cite journal|last1=DeSimone|first1=Jeffrey|last2=Markowitz|first2=Sara|last3=Xu|first3=Jing|title=Child Access Prevention Laws and Nonfatal Gun Injuries|journal=Southern Economic Journal|date=July 2013|volume=80|issue=1|pages=5–25|doi=10.4284/0038-4038-2011.333}}
15. ^{{cite journal|last1=Simonetti|first1=Joseph A.|last2=Rowhani-Rahbar|first2=Ali|last3=Mills|first3=Brianna|last4=Young|first4=Bessie|last5=Rivara|first5=Frederick P.|title=State Firearm Legislation and Nonfatal Firearm Injuries|journal=American Journal of Public Health|date=August 2015|volume=105|issue=8|pages=1703–1709|doi=10.2105/AJPH.2015.302617|pmid=26066935|pmc=4504301}}
16. ^{{Cite web|url=https://www.economist.com/news/united-states/21739193-washington-dithers-and-argues-some-states-show-way-what-works-reduce-gun-deaths|title=What works to reduce gun deaths|website=The Economist|language=en|access-date=2018-05-21}}
17. ^{{cite journal |last1=Prickett |first1=Kate C. |last2=Martin-Storey |first2=Alexa |last3=Crosnoe |first3=Robert |title=State Firearm Laws, Firearm Ownership, and Safety Practices Among Families of Preschool-Aged Children |journal=American Journal of Public Health |date=June 2014 |volume=104 |issue=6 |pages=1080–1086 |doi=10.2105/AJPH.2014.301928 |pmid=24825210 |pmc=4061995 }}
18. ^{{cite journal |last1=Faulkenberry |first1=J. Grey |last2=Schaechter |first2=Judy |title=Reporting on pediatric unintentional firearm injury–Who’s responsible |journal=Journal of Trauma and Acute Care Surgery |date=September 2015 |volume=79 |pages=S2–S8 |doi=10.1097/TA.0000000000000676 |pmid=26308117 }}
19. ^{{Cite journal|last=Mark|first=Anderson, D.|last2=J|first2=Sabia, Joseph|last3=Erdal|first3=Tekin,|date=2018-11-01|title=Child Access Prevention Laws and Juvenile Firearm-Related Homicides|url=https://www.nber.org/papers/w25209|journal=NBER|volume=|pages=|doi=10.3386/w25209|via=}}
20. ^{{cite journal|last1=Kalesan|first1=Bindu|last2=Mobily|first2=Matthew E|last3=Keiser|first3=Olivia|last4=Fagan|first4=Jeffrey A|last5=Galea|first5=Sandro|title=Firearm legislation and firearm mortality in the USA: a cross-sectional, state-level study|journal=The Lancet|date=March 2016|doi=10.1016/S0140-6736(15)01026-0|volume=387|pages=1847–1855|pmid=26972843}}
21. ^¹{{cite web |url=https://www.thetrace.org/2016/10/eddie-eagle-nra-safe-storage/ |title=Academic Who Helped Design the NRA’s Child Gun Safety Program Says the Group Is Misusing It |quote="Lisa Monroe says Eddie Eagle was never intended to be a substitute for safe storage laws."|first=Mike |last=Spies |date=13 October 2016 |access-date=20 February 2018 |publisher=The Trace|series=The Gunfighters}}
22. ^{{Cite web|url=https://lawcenter.giffords.org/gun-laws/policy-areas/child-consumer-safety/child-access-prevention/|title=Child Access Prevention|website=Giffords Law Center to Prevent Gun Violence|language=en|access-date=2019-04-06}}
23. ^{{Cite journal|last=Anderson|first=D. Mark|last2=Sabia|first2=Joseph J.|date=2018-08-01|title=Child-Access-Prevention Laws, Youths’ Gun Carrying, and School Shootings|url=https://www.journals.uchicago.edu/doi/full/10.1086/699657|journal=The Journal of Law and Economics|volume=61|issue=3|pages=489–524|doi=10.1086/699657|issn=0022-2186}}
24. ^{{cite journal |last1=Himle |first1=MB |last2=Miltenberger |first2=RG |last3=Gatheridge |first3=BJ |last4=Flessner |first4=CA |title=An evaluation of two procedures for training skills to prevent gun play in children. |journal=Pediatrics |date=January 2004 |volume=113 |issue=1 Pt 1 |pages=70-7 |pmid=14702451 }}