Rape victim questions gun laws

Days of courtroom proceedings lie in one 23-year-old Memphis woman's future after becoming a victim of robbery, rape and kidnapping, all under the threat of a gun. She now understands why some choose to arm themselves to try to protect themselves from crimes like these.

"Now, I would own a gun. The only thing more dangerous than a gun, though, is someone having one who doesn't know how to use it," said the woman, who asked not to be identified.

One night, while retrieving her car from a parking garage, the woman and a male friend were kidnapped by three men, one of whom was armed. A night of crime ensued. The woman was sexually assaulted, and the man was robbed and shot. The three men eventually fled, and the victims escaped alive.

The Memphis Police caught and charged the suspects with two counts each of aggravated robbery and especially aggravated kidnapping, and one count each of especially aggravated rape. All three possessed violent criminal records but were able to gain possession of a gun that allowed them to commit yet another series of crimes.

"It has made me think that people should have a harder time accessing them," the victim said. "When it comes down to it, what's going to stop someone from just carrying one around?"

The Second Amendment of the U.S. Constitution grants the right to keep and bear arms. In addition to this, each state determines who meets the criteria for possession and carrying permit specifications.

Forty of the 50 states recognize the right to carry a firearm. The state of Tennessee recognizes the right to carry a firearm and also is considered a "shall issue" state, referring to its stance on firearm carry permits. This means that any of its residents can purchase and own a gun. But in order to carry a gun outside of the privacy of one's home, the state will issue a carrying permit to the owner who has met the state's standard requirements to do so.

"How do we know that people who are carrying guns have permits?" the victim said. "We don't. And if these people do not have a permit, most likely, they have no idea what they're doing. They're endangering themselves and all of us around them."

The state of Tennessee does not require handgun buyers to obtain a license, register the firearm or undergo any type of safety training prior to or while buying a handgun, even from a licensed gun dealer or manufacturer. According to Tennessee gun laws, people who have been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, have been convicted of a felony drug offense or who are under 18, are all prohibited from possessing a gun. But, like other unlawful items, guns can be found and bought elsewhere.

"I just don't like the idea that anyone can go out and buy a gun, whether from the shop or somewhere on the black market or on the street, and that's what's scary. I get uneasy," the victim said.

Many times, not only those who simply purchase and keep firearms, but those who choose to carry without a legal permit, have been self-trained or trained by other unlicensed gun owners.

Having someone around that has a permit, means they are serious about it. Those people should be able to carry if they wish to and be able to carry wherever they want," said Kristen Bauer, Range USA firearm training instructor in Memphis.

Bauer explained that in order to obtain a carrying permit, people must follow strict guidelines implemented by the state. Money, time and willingness to participate in training classes must all be dedicated to this pursuit.

"What people have to remember is that permit holders spend money, $75 plus the cost of materials, to take an eight-hour class and shoot ammunition from three distances, learn about the legalities of guns and carrying, along with basic functions and maintenance," Bauer said. "Then, they are required to pay more to have a background check and have their fingerprints taken. These people understand what they're doing."

According to statistics from the National Rifle Association Institute for Legislative Action, from Jan. 1, 2009, to Jan. 1, 2010, the number of Tennessee gun permits increased by 23 percent, representing 51, 000 people. This brings the total number of licensed, legal gun carriers to 268,711 in Tennessee.

People purchase firearms and pursue carrying permits for a vast array of reasons. In the 2004 National Firearms Survey, researchers determined that about 57 million people in the United States owned at least one firearm. Forty-six percent of these gun owners cited self-defense and personal protection as the most important reason for ownership. The U.S. Constitution, the constitutions of 44 states, common law and the laws of all states recognize the right to use arms in self-defense.

"Generally, people are going to say that they are here for home defense and for the occasional time that they may want to carry their gun if they are going on a trip or are going somewhere in their car, or even if they will be in a certain area of town that they might need it," Bauer said.

Patrice Paul, 23, has concerns about the overall increase in gun ownership.

"Living in Memphis makes me aware of and afraid of most guns," Paul said.

Although she has never experienced gun-crime firsthand, Paul said she believes that they present a danger to innocent bystanders in public when owners act carelessly or behave irrationally.

"Even though I have shot a gun before at a range, I would never own a gun myself. I don't feel confident or educated enough to carry one around," Paul said.

Firearm awareness appears to be a common theme among those who call for gun reform. Mandatory education and training rather than a ban on ownership might help to ease fears like those of Paul.

"I do think it is important for the people who carry firearms to be well-educated, to create a culture of mindfulness around using it and to use it only in extreme situations where there is no other choice," said Teresa Johnson, part-time instructor in health sports sciences at The University of Memphis. "I never want violence to be the first response and so often, in our culture, it seems that we see violence as the only answer."