Effectiveness of Responses (HSC SSCE Legal Studies): Revision Notes

Effectiveness of Responses

Overview of gun deaths in Australia

Following the introduction of strict gun control measures in 1996, Australia experienced a marked decrease in firearm-related deaths. This section examines the effectiveness of these legal responses and ongoing challenges.

Statistical decline in gun deaths

From 1998 onwards, Australia saw a significant reduction in gun deaths compared to the 1970s and 1980s. The figures demonstrate the impact of the post-Port Arthur reforms:

These deaths included fatalities from suicide (the intentional taking of one's own life), unintentional killings, and homicide (the act of killing another human being).

The Monash University shooting (2002)

Despite the overall decline in gun deaths, handguns emerged as a new threat in 2002. At Monash University in Victoria, a licensed pistol shooter opened fire in an econometrics class using handguns. The attack resulted in:

• $2$ students killed
• $4$ students injured
• $1$ lecturer injured

Formation of the Australian Crime Commission

The Monash shootings prompted the creation of the Australian Crime Commission (now known as the Australian Criminal Intelligence Commission or ACIC). This statutory body operates in partnership with other law enforcement agencies to develop strategies for dealing with serious and organised crime.

One of the Commission's first priorities was addressing illegal trafficking in handguns, as it had become apparent that illegal handgun use was increasing despite the overall success of gun control measures.

Effectiveness of the buy-back scheme

The gun buy-back scheme implemented after Port Arthur has been subject to long-term monitoring to assess its effectiveness. While initially hailed as a major success, concerns emerged about its long-term sustainability.

Initial success and ongoing monitoring

The post-1996 laws and the gun buy-back scheme were widely recognized as successful in reducing gun violence. However, continuous monitoring revealed important trends that required attention.

Concerns emerging from 2015

By 2015, significant concerns arose about the gun lobby's influence in Australia. Key issues included:

• The gun lobby was exerting considerable pressure on the government to weaken gun laws
• Reviews of the National Firearms Agreement were being proposed
• Despite approximately one million guns being handed in after 1996, the national gun inventory had crept back to 1996 levels due to imports

Public health vs criminal justice approach

A 2000 paper titled 'Australia's New Gun Control Philosophy: Public Health is Paramount' by Rebecca Peters and Roland Browne argued that Australia took a public health approach to gun law reform rather than a criminal justice approach.

Comparison with the United States

The contrast between Australia's response and that of the United States provides important context for evaluating the effectiveness of Australia's legal reforms.

Ineffective US responses

While Australia directly addressed gun deaths through legislation, the United States has been far less effective in meeting this challenge. Several factors explain this difference:

1. Strong pro-gun culture: American society has deeply embedded cultural attitudes favouring gun ownership
2. Powerful lobbying: The National Rifle Association (NRA) conducts extremely effective lobbying to block gun control measures
3. Political barriers: US political leaders have been unsuccessful in countering the pro-gun lobby

Ongoing gun violence in the United States

Gun massacres remain a regular feature of life in the United States, and firearm sales continue to grow annually. Various websites, such as the 'Mass Shooting Tracker', have been established to monitor the extent and cost of gun crime in the US. These reveal startling statistics about the frequency and impact of gun violence.

Constitutional obstacles

Documentary evidence

The 2002 documentary Bowling for Columbine examined the issue of guns in the United States, highlighting the cultural and political factors that make gun law reform challenging despite frequent mass shootings.

Overall effectiveness and ongoing challenges

Australia's legal response to the Port Arthur massacre can be considered effective when examining the evidence over the past two decades. However, ongoing vigilance is required.

Evidence of success

The Australian legal system has been effective in dealing with firearms deaths since the tough measures introduced after the 1996 Port Arthur massacre. The dramatic decline in gun deaths from $700$ per year in the 1980s to $187$ in 2011 demonstrates the quantifiable success of these reforms.

Continuing concerns

Despite overall success, several areas require ongoing attention:

1. Tragic incidents continue: Accidents, suicides, and homicides involving firearms still occur, though at much lower rates
2. Handgun proliferation: Since 2002, both legal and illegal handguns have gained the attention of law-makers
3. Lobby group pressure: Pro-gun lobby groups continue to campaign to weaken Australia's post-1996 gun laws
4. National Firearms Agreement reviews: The 2015 controversy over plans to review this agreement raised concerns about potential weakening of gun laws
5. Complacency risk: There is a danger of becoming complacent about the continuing threats posed by both legal and illegal guns

The 20th anniversary reflection

The 20th anniversary of the Port Arthur Massacre on 28 April 2016 provided an opportunity to reflect on what might have happened if the government had not taken decisive action in reforming gun laws. This case study demonstrates how effective law reform can not only change society for the better but also prevent it from descending into a spiralling cycle of violence, as seen in the United States.

Australia as a model

Twenty years after the reforms, it is clear that Australia's gun control laws have worked. The Australian example could provide inspiration and practical ideas for other countries seeking to tackle gun deaths. The contrast with the United States, where gun violence remains endemic, demonstrates the importance of decisive legal action and political will in addressing public safety issues.

The need for ongoing vigilance

While the gun laws debate had quieted for many years after 1996, the emergence of lobby group pressure in 2015 demonstrated that under the right circumstances, controversy could easily reignite. This underscores the importance of maintaining strong legal protections and resisting efforts to weaken effective gun control measures.