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Gun Control Resource Guide

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Background

Gun control is defined as a law or policy designed to limit (or restrict) the production, sale, possession and use of guns and other firearms, as well as ammunition. Some laws may also regulate production, shipment and importation. Firearms typically indicated in gun control laws are handguns (revolvers and pistols) as well as long guns (rifles, shotguns and machine guns). In the United States, citizens are required to abide by federal firearms laws, along with laws created independently in their states of residence. Restrictions on the use of firearms and ammunition have varied over the years, but can include the need for gun permits, the right to carry firearms and restrictions on assault weapons.

Federal and State Gun Control Laws

Gun control was derived from a desire to limit the availability, purchase and/or use of various types of firearms. In 1934, the National Firearms, passed by President Franklin D. Roosevelt, was the first federal law to address this concern by levying a $200 tax on the manufacture or sale of machine guns and sawed-off shotguns, and requiring that sales be recorded in the national registry. The National Firearms Act followed in 1938 by prohibiting gun sales to individuals under indictment or convicted of crimes of violence.

In 1968, following the assassinations of President John F. Kennedy, Robert Kennedy and Rev. Martin Luther King Jr., gun control was addressed further with the passaged of the Omnibus Crime Control and Safe Streets Act and Gun Control Act of 1968. The latter increased the age to purchase handguns to 21, prohibited all convicted felons, drug users and mentally from buying guns and expanded licensing record keeping requirements. In the years to follow, more legislation was passed at the federal level to mandate background checks of gun buyers and restrict the use of semi-automatic weapons.

While numerous gun control laws have been passed at the federal level, the purchase and use of firearms are also managed at the state level. As a result, firearm owners are subject to the laws of the state in which they carry permits (while some state laws may override others’ laws for visiting permit carriers). Top gun control issues that may differ from state to state include shall issue vs. may issue and concealed carry vs. open carry. Shall issue means a state will issue a permit if a resident meets a set of standards set by that state, while may issue gives the government the right to determine whether a resident should receive a permit before issuing one. And in terms of carrying a weapon once purchased, open carry states allow those with permits to carry their weapons in plain sight, while concealed carry states allow permit holders to carry, but the weapon must be concealed.

NRA and Opposition to Gun Control

Though gun control has been commonplace for nearly a century, opposition to restrictions placed on firearms and ammunition is also common, largely due to the Second Amendment to the United States Constitution giving Americans the “Right to Bear Arms.” Opponents of gun control have argued that the Second Amendment grants United States citizens the right to possess a firearm and use that arm for traditionally lawful purposes, including self-defense within the home. By restricting the purchase and use of guns, opponents feel this right is being violated.

The National Rifle Association (NRA) is an organization that has openly and firmly fought for the right to carry a firearm. Founded in 1871 in order to “promote and encourage rifle shooting on a scientific basis,” the association has made headlines for its noted opposition gun control. It is also known for its powerful position in lawmaking. With over 4.3 million members and key supporters in high places, the association is considered the most powerful lobbying group in the country.

It and other opponents of gun control laws have had significant influence over the years. After issuing complaints that the federal government was abusing its power to enforce gun laws, Congress passed the Firearm Owners Protection Act of 1986, which limited gun dealer inspections and forbade the government from creating a national registry of gun ownership. Then, 10 years after passing the Violent Crime Control and Law Enforcement Act of 1994, which placed a federal ban on the manufacture of new semi-automatic assault weapons, the act expired and was never renewed despite numerous attempts. The following year, the Protection of Lawful Commerce in Arms Act was signed, which granted gun manufacturers immunity from civil lawsuits filed over crimes committed with firearms.

Mass Shootings and Renewed Interest in Gun Control

While opponents of gun control won numerous victories in the previous decade, a renewed interest in gun control emerged following a number of mass shootings occurring throughout the United States in recent years. Some of the largest killings in U.S. history have included Virginia Tech where a student killed 32 students and himself, Columbine where two students killed 13 people in the high school, and Binghamton where one shooter killed 13 people. But for many, the final push to tighten gun laws came after 20 first grade children, ages 6 and 7, along with six staff members were killed by a shooter at Sandy Hook Elementary School in Connecticut in December 2012. The ability of the assailant to gain access to his mother’s semiautomatic Bushmaster .223 military-style rifle led the NRA to call for more guns in schools, while supporters of gun control have pushed for tighter restrictions.

Famous Cases, Statistics and Further Reading


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