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Citation

Villarreal S, Bornhorst A, Bonnie R, Chavis K, Davis A, Frattaroli S, Roskam K, Swanson J, Horwitz J. Williamsburg, VA USA: William & Mary Law School, 2023

Copyright

(Copyright 2023)

 

The full document is available online.

Abstract

Alcohol use and gun violence are leading causes of preventable injury and death in the United States. Alcohol kills 140,000 people annually;2 guns kill more than 48,000.3 Both of them are public health crises demanding strong policies.

These issues are most deadly when they intersect with one another. An estimated 1 in 3 gun homicide perpetrators drank heavily before murdering their victims, 30% of gun homicide victims drank heavily before being killed, and a quarter of gun suicide victims were heavily drinking before they died by suicide.4,5 Despite alcohol clearly being a strong risk factor for gun violence, few attempts have been made to address this intersection.

In 2013, the Consortium issued its first policy recommendation related to risky alcohol use and firearm access.i Five years later, the Consortium convened leading experts to reassess this recommendation about firearm prohibitions associated with DUIs as an effective policy measure to prevent firearm-related deaths while ensuring racial equity in enforcement.

During the COVID-19 pandemic, excessive drinking increased by 21% and alcohol-related deaths increased approximately 25%.6 At the same time, gun sales increased by 40%, gun homicides by 35%, and gun suicides had the largest one-year increase ever recorded.7,8

These alarming trends urge us to think about alcohol misuse as a risk factor for gun violence. To better understand this connection, the Consortium, in partnership with the Center for Gun Violence Solutions, developed this report to highlight the available research to inform policy. As detailed in this report, alcohol misuse is associated with a risk of dangerous firearm behaviors, interpersonal firearm violence, and gun suicide. Although data about how this dangerous intersection affects different communities is limited, people of color are disproportionately affected by both gun violence and alcohol misuse.

This report summarizes the connection between alcohol and firearm use, reviews existing state laws, and makes a core set of recommendations for addressing the problem at the state level: - Limiting access to firearms by persons with a record of alcohol misuse - Limiting access to guns when and where alcohol is consumed

If these policy recommendations are to be effective, it is also important to address the environment where alcohol is sold and consumed. We therefore consider additional policies known to be effective in reducing excessive alcohol consumption and its related harms. In the last section, the report reviews key legal considerations that can help policymakers successfully implement the policies recommended in the report. The comprehensive approach of this report highlights the often-unexplored link between alcohol and gun violence. It is intended to become an essential resource for researchers, practitioners, policymakers, law enforcement professionals, and others working to reduce gun violence.

1. Limiting access to firearms by persons with a record of alcohol misuse

1.1 States should enact laws to temporarily prohibit purchase and possession of firearms by persons convicted of two or more offenses of driving under the influence of alcohol or driving while intoxicated within a five-year period.

1.2 States should adopt concealed carry laws to temporarily prohibit anyone with a court record of alcohol misuse within the past five years from receiving a concealed carry license.

1.3 States should ensure that alcohol offenses that are firearm prohibitory under state or federal law are entered into the NICS in a timely manner.

1.4 States should provide funding for education about the intersection of alcohol-related convictions and gun violence, including courses and materials for different actors involved in the legal system.

1.5 Courts should consider evidence of alcohol misuse as a factor when making determinations that affect decisions about firearm prohibitions.

2. Limiting access to guns when and where alcohol is consumed

2.1 States and cities should prohibit the public carry or possession of firearms in locations where alcohol is consumed on the premises.

2.2 States should prohibit individuals from carrying or possessing firearms while intoxicated.

Additional policy considerations related to the environment where alcohol is sold and consumed:

We recognize that firearm policies work best when accompanied by evidence-based solutions aimed at addressing risks in environments where alcohol is sold and consumed. In this regard, we suggest considering the following policies supported by the Centers for Disease Control and Prevention (CDC) and the Community Preventive Service Task Force (CPSTF):1

1. Limiting alcohol outlet density through the use of regulatory authority (licensing and zoning)

2. Limiting the hours and days of sale when alcohol is sold

3. Increasing the price of alcohol by raising taxes

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