Illinois Finally Lets Residents Carry Guns - Kind Of.

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Back in 2010, SCOTUS decided that the only state which did not issue concealed weapons permits - Illinois - had to get in line with the 2008 Heller decision and let state residents carry guns. After a lot of back and forth between the governor and the legislature, a bill was finally approved which went into effect this past weekend. And much to everyone’s astonishment, the website that has to be used for the CCW application actually works! It’s working so well that the State Police processed and approved more than 13,000 applications by Tuesday and is gearing up for more to come. There are over 3 million gun licenses floating around Illinois, and while nobody knows how many license-holders will want to carry their guns, the $150 application fee hasn’t yet been seen as a barrier against the exercise of this precious 2nd Amendment right.

Sheriff Tom Dart

Sheriff Tom Dart

Meanwhile, gun owners had even more reason to cheer because on Monday a Federal judge, appointed by President Obama no less, issued a ruling declaring Chicago’s ban on retail gun sales to be unconstitutional which means that, at some point, city residents won’t have to take a trip out of town in order to buy a gun. The city was given time to respond to the ruling and, if the experience in Washington, D.C. is any guide, folks in the Windy City shouldn’t expect to be able to go walking into the neighborhood gun boutique any time soon.

For that matter, those Illinois residents who take the time and trouble to get their hands on a concealed-carry license aren’t going to be walking around whistling Dixie either, if only because the provisions of the new law that define where, when and how a concealed weapon can be carried within the state are a wonder to behold. And not only is the law complicated and laced with all kinds of exceptions and variations on the rules, there’s even confusion about how to enforce it on the part of law enforcement agencies themselves. The law, for example, doesn’t let you bring a concealed weapon to a street fair but allows you to walk through the fair if you are on your way home. Try enforcing that one - yea, right.

Meanwhile, the other problem with the licensing process, according to one expert - Cook County Sheriff Tom Dart - is that the application process is so flawed that people with histories of violence or mental illness will still be able to be approved. At issue is the use, or I should say, non-use of the LEADS database, which is a catch-all compendium of data from federal, state and local law enforcement agencies that is used to access information about just about anything and everything, including gang membership, stolen boats, missing persons, foreign fugitives, snowmobile registration and God knows what else. By the way, it also contains a fairly complete record on violent crime. Dart claims that LEADS should be used to approve applications for CCW in Illinois; the new CCW law specifically prohibits its use. The Cook County sheriff is known to be an opponent of concealed carry, and while his stated objections to the new law have gained him some kudos with the gun control crew, he hasn’t exactly endeared himself to those who hold the opposite point of view.

I’m not a law enforcement expert, nor do I claim to hold a degree in Constitutional law. But I do wish occasionally that some of the howlers and yowlers on both sides of the gun debate would consider being a bit more modest when it comes to being for or against guns. Like it or not, walking around with a concealed weapon is an issue of public safety, and if sheriffs in states like Colorado and New York have the right to state their unwillingness to enforce new gun control laws, then a sheriff in Illinois who believes that a new gun control law won’t do what it’s supposed to do is also obligated to make and state his case.

Why Has Crime Declined In New York?

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The year-end numbers are just about in, and once again, New York City appears to be setting a new record about crime. But what used to be a record for the most crime has become a new record each year for the least crime of any major American city. And when you consider that four of New York’s five boroughs separately constitute five of the country’s ten largest cities, you begin to get an idea of the scope of the achievement.

crime2

The decline in New York City crime is even more significant because while major crime rates declined throughout the United States (and western Europe) from the mid-90’s into the following decade, the crime drop in New York has continued past 2005 whereas, with the exception of Los Angeles, it has leveled off or shown slight increases everywhere else. The data for all this is best summarized in Frank Zimring’s The City That Became Safe, which covers the period up to 2009, although crime rates since that date have continued their downward trends.

While Professor Zimring does an admirable job in collecting, aggregating and summarizing crime data, his book doesn’t leave us feeling warm and fuzzy when it comes to explaining why this unprecedented change in criminal behavior occurred throughout the United States, nor why it continues to occur in New York. Thanks to the data generated weekly by the NYPD’s Compstat program, he is able to tell us what, where and how much crime has declined, but the why remains an elusive conjecture at best. Zimring is aware of this shortcoming; in fact he readily admits that, like every other scholar who has studied this problem, he is unable to bridge the gap between numbers of crimes and causality; i.e., he cannot say with any certainty why the numbers keep going down.

Not that Zimring is without a solid conjecture, in his case having to do with effective policing, an explanation for which he is hardly alone. In fact, of the nearly 300 explanations for the drop in crime during the 1990s that appeared in major media outlets, innovative policing strategies ranked as the most popular, although it was only one of at least ten basic theories put forth to explain the drop in crime. A quick review of the bibliography in Zimring’s book and other sources indicates that the post-1990 debate has not produced any greater degree of consensus in academe.

I became interested in this issue when I began doing the research on Volume 3 of my series about guns in America, a book that examines gun violence as and when it actually occurs. And since so much involving gun violence takes place within a criminal context, thinking about gun violence quickly leads to thinking about crime. But what I find disquieting in all of the scholarly attention that is being focused on this issue is the extent to which virtually everyone seems to avoid the elephant in the living room, namely, understanding or even acknowledging the behavior of the criminals themselves.

With all due respect to my academic peers and betters, noting that crime rates are inordinately high in low-income neighborhoods doesn’t necessarily mean that because jobs aren’t available someone will turn to crime. I would be much more convinced of the efficacy of an income-crime correlation if someone would take the trouble to simply inquire along these lines amongst the criminals themselves. After all, if the robbery rate drops 80% in a neighborhood where the population remains the same, then we have to assume that there are a bunch of people walking around who have decided that crime no longer pays.

The real problem with the data used by criminologists and other researchers is that we tend to make qualitative assumptions based on quantitative evidence and, in the process, simply fail to understand the social fabric that must be considered prima facie when talking about crime. Zimring, for example, notes that average incomes went up substantially in Manhattan but remained level in other boroughs, leading to the conclusion that economic change was not a determinant for the drop in crime. But there are now many neighborhoods in Queens, for example, that have become major destinations for New Yorkers from other neighborhoods who want to eat Asian in Flushing or Indian in Jackson Heights and flood these streets on weekdays and weekends, no doubt their presence having a salutary impact on rates of crime. The mile-long elevated park known as the High Line in Manhattan, probably the single most-visited destination in the entire city since it opened in 2009, used to be known as an area where kids from Jersey could drive into the city through the Lincoln Tunnel, score drugs from the dealers and prostitutes who crowded every corner, and get back to their suburban neighborhoods in time to turn on the television and watch the latest installment of NYPD Blue.

I don’t know other cities the way I know New York, but there are certain social trends that have occurred, perhaps to a more obvious degree in New York, but in most other cities as well. You can’t go into any urban neighborhood in the United States without noticing, for example, that virtually the entire street-level retail trade is in the hands of immigrants from Asia, the Indian sub-continent and the Pacific Rim. These shopkeepers are in those delis and coffee shops day and night, their presence means that anything happening on the sidewalk will be observed, and even though they may only constitute a small proportion of the total inhabitants of a particular town, their numbers understate the extent to which their livelihoods serve as a critical resource for the safety of all.

If there has been one major socio-demographic change in the United States since 1990, it’s the re-urbanization of many city communities who lost population to the suburbs in the thirty years following World War II. I suspect that much of the increase in crime that occurred in American cities in the 70’s and 80’s reflected the gradual disappearance of the middle class, just as I also suspect that much of the decline in crime beginning in the 90’s reflected a decision by the middle class to return to the urban core. At this point my thesis is a conjecture and must await the application of some data that I have yet to study and some observations that I have yet to make. But the one thing I won’t do is let the data speak for people who should be speaking for themselves. If we really want to know why criminals have stopped committing crimes, don’t we need to walk right up to them and ask them to explain?

What Does New York’s Safe Act Really Mean?

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Last week a Federal judge in New York rendered the first decision on New York’s new gun law, the Safe Act, that was rammed through the Legislature by Andy Cuomo on the heels of the massacre at Sandy Hook. New York’s new law effectively bans the sale of AR-style rifles to state residents and also set semi-auto magazine limits at a maximum of seven rounds. Judge William Skretny, appointed by Bush 41, is known as a careful, almost scholarly reviewer of legal texts, and in this instance he went to great lengths to analyze the pros and cons of the new law.

Gov. Andrew Cuomo

Gov. Andrew Cuomo

Basically his decision contained both good news and bad news for gun owners in New York. The good news is that Judge Skretny invalidated the 7-round magazine capacity as being ‘arbitrary’ and not shown to really protect public safety as New York State claimed. The bad news is that he also found that the ability of the State to deny access to certain types of weapons did not undermine the 2nd Amendment guarantees of self-protection and was consistent with “the state’s important interest in public safety.”

As more and more gun cases pile up in what Judge Skretny calls the “terra incognita” of post-Heller jurisprudence, the trend seems to be moving towards a recognition of the government’s ability to regulate and even ban certain types of weapons (most notably ‘assault’ rifles) as long as such measures do not deny access to other types of weapons that are commonly used for self defense. Ironically, the claim by the NRA and its friends that high-capacity, semi-automatic rifles afford the greatest degree of self protection is being turned against them by multiple Court decisions which find that the defensive utility of these guns based on their lethality is exactly what justifies their regulation given the public safety responsibilities vested in the state.

The NRA has spent the last thirty years noisily promoting the notion that an armed citizenry is our most effective method of dealing with crime. And if nothing else, the coincidence of increased gun sales and a decline in violent crime over the past 20 years would seem to bolster their case. The NRA further argues that banning ‘assault’ rifles is a red herring because even though such weapons are used on rare occasions for mass assaults, like Aurora, the overwhelming bulk of shootings involves handguns as the weapon of choice.

Which was exactly the point made by Judge Skretny and other jurists who have been hearing gun cases since Heller was decided in 2008. The fact that AR-15 rifles are touted by the NRA and the manufacturers as more effective self-defense weapons than handguns is exactly why the government may be able to ban them while leaving 2nd Amendment guarantees intact. The dangerousness of guns can be played both ways, because the fact that high-capacity, military-style weapons are used in only a few instances of gun violence doesn’t invalidate the government’s right to keep them out of everyone’s hands, particularly if citizens can still own other weapons, like handguns, that provide a reliable means for self defense.

In their raptures over Heller the pro-gun lobby conveniently ignored the majority decision’s explicit statement that the 2nd Amendment was not an unlimited “right.” Instead, the author of the Heller decision, Antonin Scalia, made it clear that further judicial activity would have to take place in order to more clearly define the degree to which government could limit access to guns. If the New York and other recent decisions are straws in the wind, nobody at the NRA headquarters should assume that unlimited gun ownership will continue into the future; in fact it may soon become a legal doctrine whose best days have already passed.

Drugs And Guns: The Latest From Camden

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New York Shipbuilding Yard

New York Shipbuilding Yard

The last time anyone got a good job in Camden, NJ was during World War II, when the city, located across the Delaware River from Philadelphia, was the location of the largest shipyard in the world, the New York Shipbuilding Yard, which turned out more than 500 naval vessels before it closed after the war. Camden is still the headquarters of the Campbell Soup Co., but the corporate executives stay in a gated building out of habit since nobody even remembers when the plant turned out its last can of soup. The irony is that Camden’s waterfront sits directly across from Philadelphia, where waterfront property values have skyrocketed because of an influx of luxury hotels, high-end restaurants and trendy boutiques.

In Camden, on the other hand, the word ‘blight,’ which is usually how poor neighborhoods are described, would probably apply to the entire town. And while Camden isn’t quite as dangerous as East St. Louis, the city recorded 57 homicides in 2013, which puts its murder rate up there with places like Cali and Medellin, the location of the world’s most active and vicious narcotics cartels. That should hardly come as a surprise, however, because the one industry which seems to be thriving in Camden is the drug business, whose chief gang, headed up by three brothers, - Omar, Edwin and Edgar Urbina - have been running an open-air drug market for years in Camden’s North End. The November raid that resulted in the arrests of the gang leaders and nearly 50 suppliers, deliverers, baggers and other gang associates, also brought about the seizure and requisite display of a stash of cash, six guns and five ounces of cocaine.

Even if a lot of drugs sold by the Urbinas and other Camden gangs go into the hands and veins of local residents, what has always made Camden a center for the drug trade is its location adjacent to many wealthy communities whose residents and police departments find it convenient to encourage drug purchases in another town. The drive-by nature of Camden’s drug business encouraged local law enforcement to begin stopping, searching and occasionally arresting non-residents who drove a little too slowly through the town. But when the Camden PD laid off half its officers following a budget standoff with Chris Christie, what had been a badly-managed effort to control the local drug market only got much worse.

What I find interesting in this situation is the fact that nobody seems to find it unusual or unsettling that the products sold by the drug gangs in Camden come from thousands of miles away. In fact, whenever a major dope dealer is arrested, there’s always some mention of a connection to a drug cartel in Mexico, Colombia or somewhere else. But the same law enforcement experts who tell you that it’s impossible to interdict the movement of drugs into and through the United States, will also tell you that if we extend NICS background checks to private transactions, we’ll be able to put a real dent in the movement of illegal guns.

When I was a teenager living in Staten Island, NY, we knew about Camden, and it was rumored that some of the drugs that came into my neighborhood had been purchased in drive-buys by some of my friends. That was fifty years ago and it’s clear that the situation hasn’t really changed. If anything, the growth of affluent suburbs around Philly has made Camden even a bigger and better hot-spot for illegal drugs. If the drug gangs have no trouble going to Mexico for cocaine, how difficult could it be to get their hands on a few guns?

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Want To Reduce Crime? Try The Bloomberg Approach.

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Now that Mike Bloomberg has departed from the scene, we might want to look more closely at his signature achievement, namely, the notion that he turned New York City into a crime-free zone. There’s been a lot of give and take on this one, particularly because much of the alleged decrease in violent crime was believed to be the product of a too aggressive, stop-and-frisk strategy employed by the NYPD. But while civil libertarians and criminologists bat that one back and forth, I prefer to spend a little time analyzing the numbers that have been produced by Bloomberg’s administration to bolster the claims that New York is now a very safe town.

English: New York Mayor, Michael R. Bloomberg.

English: New York Mayor, Michael R. Bloomberg. (Photo credit: Wikipedia)

But before I get into the numbers, it’s important to understand that while New York contains more than 8 million people, this immense population lives in five very distinct boroughs which, if we throw them all together and only talk about the city as a whole, we end up with a picture that bears little relation to the circumstances in which most city residents actually live. Because crime is the most potent barometer for judging what’s called “quality of life,” if people feel physically secure they tend to consider themselves better off even if their material circumstances are not what they would like. On the other hand, when people feel insecure and threatened by their environment, no degree of physical amenities can restore their sense of well-being or mitigate their fears that things just aren’t right.

Enter the Bloomberg numbers machine. According to his numbers, violent crime continues to decline in New York, with homicides, the most visible of all violent crimes, being reduced to the lowest level in more than thirty years. The drop has been seen in every category of violent crime, and it has been going on far longer than any expert would ever predict. Even the noted criminologist Frank Zimring, who recently wrote a book about the decline in NYC crime, recently admitted that the decline was even greater than what he predicted might occur.

But there’s only one little problem. If you look at crime stats on a neighborhood-by-neighborhood basis, it’s clear that in many parts of the city people aren’t safe at all and worse, the drop in violent crime in some areas, particularly the wealthiest parts of the city, has been so steep that it tends to mask a much more severe problem in other parts of town. For example, according to the FBI, the national rate for the four crime categories that comprise violent crime stands right now at 386.9 incidents per 100,000 people. There are neighborhoods in New York City where the violent crime rate is more than three times as high. The national murder rate in 2012 was 4.7, but in Brooklyn’s Brownsville right now it’s 15.1. Forcible rape is 26.9 nationally but it’s higher in the Morrissania section of The Bronx and nearly double in Brownsville and “Do or Die’ Bed-Stuy.

Want to live in a crime-free zone? Buy a two-bedroom apartment on Manhattan’s West End Avenue complete with cockroaches for only $2.5 million and you’ll live without fear. The 20th Precinct, which covers the trendy area around Lincoln Center, has a violent crime rate of 123.5, less than one-third the national rate, and has yet to see a single homicide in 2013, unless you want to count the night that I ate dinner at Mort Zuckerman’s Masa restaurant and got stuck with the check. But seriously, if you take the crime numbers for the West and East Sides of Manhattan, they go a long way to help flatten out ghetto crime numbers from Brooklyn, Queens and The Bronx.

Much of the criticism about Bloomberg’s tenure centered on the degree to which he lavished attention and concern on Manhattan but never got involved in what happened to areas where his wealthy friends didn’t happen to reside. There’s no question that crime rates in even the worst NYC neighborhoods nosedived in the 1990’s as they did nationwide. But to continue hiding behind crime stats for Manhattan simply shortchanges the rest of New York City and everyone, no matter where they live, deserves a life free from crime.

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  • NYPD’s top cop Ray Kelly ends historic second stint (nydailynews.com)

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