Firearm deaths, gun availability, and legal regulatory changes: suggestions from the data.

• Author: Weaver, Greg S.
• Position: Chicago

INTRODUCTION

On February 27, 1926 the story of a shooting incident involving a Thompson machine gun appeared on the cover page of the Chicago Tribune. (1) That day, Al Capone went to a local hardware store and ordered three of these weapons. (2) Capone used the Tommy gun on April 27th of that year in an attack against a rival bootlegger, James Doherty. (3) These events launched an arms war of sorts among gangsters in Chicago that quickly spread to other cities. (4) In what later proved a critical mistake on the part of Capone, one of the three fatalities from this shooting was a prosecutor for the state of Illinois, William McSwiggin. (5) Police raided Capone headquarters in retaliation, during which time a federal revenue agent found a ledger that would subsequently be used to convict Capone of tax fraud. (6)

Possession of the Thompson machine gun--a weapon capable of firing .45 caliber bullets at a rate of up to twenty-five rounds per second and deemed unsuitable for use by the Chicago Police Department because of potential danger to innocent bystanders--was not in violation of the city's concealed weapon law. (7)

As will be shown, the incident described in the previous paragraph is an example typical of the seemingly paradoxical attitudes pertaining to firearms during the period. Even though possession and use of firearms in the city were, relatively speaking, strictly regulated, enforcement of these laws was generally lacking. For example: five days before his death in 1924, Frank Capone was arrested for violating the concealed weapon law of Cicero (a suburb of Chicago). The presiding judge dismissed the case and returned the weapons to Capone--commenting that he may need the firearms for the purposes of protection. (8)

On the other hand, however, highly publicized and often glamorized firearm incidents associated with Prohibition played an important role in the passage of subsequent gun legislation at the local, state, and federal levels. Following the "St. Valentine's Day Massacre" of 1929, President Roosevelt proposed a bill that would regulate the sale and possession of handguns and machine guns alike, but these measures remained stalled in Congress until 1934. (9) That year, prompted in part by the 1933 death of Chicago mayor Anton Cermak during an assassination attempt on President Roosevelt (10) and the activities of John Dillinger, Congress passed the National Firearms Act of 1934. (11) This legislation regulated the sale, manufacture, and civilian possession of machine guns and other "gangster type" weapons. (12) The 1934 act originally contained a provision to place stricter regulations on the sale and possession of handguns, but it was removed before the final form of the statute passed. (13) A second key law, the Federal Firearms Act of 1938, required that all gun dealers be licensed. (14) These laws provided the bulk of gun legislation in the United States until 1968. In that year a number of firearms laws were passed at the federal, state and local levels that increased restrictions on the sale, transportation and possession of firearms. (15)

The objectives of the present study follow a number of complementary paths: to explore Chicago gun homicides between 1879 and 1930, to outline significant developments in firearm laws in the city, and to identify possible factors that influenced changes in the increased availability of firearms. In doing so, gun homicide trends during the period will be examined and viewed in the context of significant events such a civil unrest, as well as the period of Prohibition.

1. FIREARM LAWS IN CHICAGO

   In examining the development of legal restrictions on firearms in Chicago, a number of interesting points emerge. In 1982 the city enacted some of the strictest controls on gun purchases and possession in the country--particularly in regard to handguns. As of October 30, 1983, civilians were allowed to own handguns only if the weapon had been previously registered with the city prior to the effective date. Civilians were permitted to register rifles and shotguns, but the only handguns that could be registered include those in accordance with statute, or if done by an individual specifically exempted by the statute--such as peace or correctional officers and persons licensed to manufacture or sell firearms. There was much attention given to the city of Morton Grove in 1981, when a ban on the possession of all handguns was passed and implemented. (16)

   As noted by Lindberg, when the town of Chicago was formed in 1834, one of the first laws passed was a ban on firearms. (17) While the specific nature of this statute was unidentified, it provided the foundation for a trend that continues to be followed. Three years later when the city was granted a municipal charter, Section 1 of the Municipal code of 1837 prohibited the discharge of firearms (the firing of weapons containing blank cartridges was allowed at the discretion of the Mayor or head of the Common Council, presumably for ceremonial purposes) within a specified area of the city. The penalty for this offense was a fine ranging between five and twenty-five dollars. Furthermore, section 5 of the 1837 code regulated--primarily for fire concerns--the storage of gunpowder. (18)

   That early restrictions were placed on firearms is rather interesting, particularly when viewed in the context of state law. Illinois, unlike several other states, had not yet placed restrictions on the carrying of concealed weapons. (19) A number of states, beginning with Kentucky in 1813, regulated the carrying of concealed weapons. (20) Illinois, on the other hand, appears to have employed a different approach. In 1820 the state executed a duelist. (21) As such, many believed it was unnecessary to regulate concealed weapons because this action (the execution) served to show that such actions would not be tolerated, thereby serving as a general deterrent. (22)

   Returning to laws in Chicago, the Municipal Code of 1849 placed additional restrictions on the storage and sale of gunpowder and gun cotton. (23) However, the 1881 code reflects significant changes in at least two areas. Sections 1215 through 1223 of Article 14 of the city code of 1881 not only prohibited the carrying of a concealed handgun, but an added measure required a permit to carry a concealed weapon. The concealed weapon permit was to be approved by the mayor and issued by the city clerk. (24) In 1905 the concealed weapon law was further strengthened to allow the city to confiscate firearms possessed in violation of statutes. (25) As such, these modifications (particularly 1881) are in some ways similar to the often-cited Sullivan Law (1911) of New York, which made ownership of a handgun illegal unless an adverse possession permit was obtained from police. (26) Events associated with Prohibition were definitely influential in the passage of federal legislation that at least in theory increased firearm regulation. (27) By the early 1930's, the reputation of Chicago was well established as a place where firearms could be obtained easily. While the city did attempt to place restrictions on the sale and possession of firearms, many surrounding towns did not, and laws were further weakened because weapons, ammunition, and accessories could be purchased by mail order. (28) For example, in 1922, law enforcement discovered that silencers could be purchased by mail order. (29)

   Clearly, legal restrictions on the ownership and possession of firearms--particularly concealed weapons--increased during the period. As noted previously, as early as 1813, states began placing restrictions on the carrying of concealed weapons. (30) Because southern states were primarily the first locations to do so, it has been argued that one of the underlying motivations was to keep firearms away from blacks and poor whites. (31) In a similar vein, it is not surprising that during the 1880's, attempts to enhance handgun restrictions in Chicago coincided with the increased presence of immigrants and instances of civil unrest. Specifically, there was concern among the predominantly Anglo-Protestant establishment that immigrants and anarchists would utilize firearms in subversive attempts to undermine the existing social order. (32) Some evidence exists that substantiates these claims. For example, Peterson suggests that by 1886, approximately 3000 anarchists resided in the city--and that members of these groups were often encouraged to stockpile weapons. (33)

   In response to these concerns, it appears that many citizens...