Gun Control


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Updated July 2005

Click here to see recent background news stories on Gun Control.
Click here to see a presentation of this subject through charts in a "slide show" format.
Click here to see key Congressional votes related to Gun Control.

What are the latest developments in the U.S. gun control controversy?

Gun control was not a major issue in the 2004 Presidential campaign. The percentage of Americans who consider "gun control" as an important issue has declined from 3% to 1%. Fewer Americans are supportive of gun control in general and handgun control in particular. While the issue has dropped in overall public concern, it remains what politicians consider a "wedge issue" as many opponents of gun control are passionate about their right to unfettered gun ownership and may make voting decisions on this issue alone. Gun control opponents raise far more money than do gun control advocates. The most immediate controversy concerns whether the current ban on the purchase of assault weapons should expire. In a largely partisan vote, the Senate voted to extend the assault weapon ban in March 2004. The House has not yet voted on the issue. The 2004 Democratic platform affirms the 2nd Amendment right of Americans to own weapons while supporting the extension of the assault weapon ban and closing the "gun show" loophole. The Republican Platform contains a strong affirmation of the right to own guns. The platform supports instant background checks and the timely destruction of gun purchase records.

What is the present level of gun control in the United States?

Like many other aspects of public policy, gun control is a matter of federal, state and even local legislation.

Federal Gun Control
The first major gun control initiative was enacted by Congress in 1934 which regulated the sale of fully automatic firearms like machine guns. This legislation was followed in 1938 by a new federal law which required gun sellers to be licensed and which prohibited persons convicted of violent felonies from purchasing guns. No further legislation was passed by Congress until 1968. The Gun Control Act of 1968 regulated imported guns, expanded gun-dealer licensing requirements, and expanded the list of persons not eligible to purchase guns to include persons convicted of any non-business related felony, minors, persons found to be mentally incompetent, and users of illegal drugs. In 1986, federal legislation established mandatory penalties for the use of a gun in the commission of a federal crime. Also prohibited were "cop killer" bullets capable of penetrating bulletproof clothing. In 1990, legislation was passed which banned the manufacturing and importation of semi-automatic assault weapons.

In 1994, Congress passed what has been regarded as the most comprehensive effort at national gun control. The "Brady Bill" named for the press aide who was seriously injured in the assassination attempt on President Reagan imposed a five day waiting period for purchasers of handguns and required local law enforcement authorities to conduct background checks of all purchasers. The Supreme Court held that the background check provision was unconstitutional because it infringed on state's rights. Presently, the law has been revised so that the background check is instantly accomplished by gun dealers through a national computer system and there is no longer a waiting period. Also in 1994, Congress passed a ban on certain types of assault weapons. This ban is set to expire in 2004.

State and local gun control
Guns are additionally regulated by state and local legislation and there is little uniformity among the states. (Click to see map) The major regulatory issues are:
- Child Access Prevention laws
  Many states have passed legislation making it a crime to leave a loaded weapon within easy access of a minor.
- Concealed weapon laws
  About seven states prohibit concealed weapons. Many others require an individual to show a need prior to obtaining a license to carry a concealed weapon. In over half the states, all non-felons are able to obtain licenses to carry concealed weapons. Only one state, Vermont, has no licensing or permit requirement.
- Regulation of private sales to minors
  Under federal law, minors under 18 are prohibited from possessing guns and minor under 21 are prohibited from purchasing guns from dealers. However, unless regulated by state law, minors 18 and over are able to freely purchase weapons through private sales. Currently 21 states either prohibit or substantially regulate this secondary market for minors.
- Regulating all secondary market sales
  Over twenty states regulate all secondary sales through registration or licensing requirements. In the states that have no such regulation, the secondary market allows minors and criminals to easily obtain weapons. This is the so-called "gun show" loophole.
- Ban on "assault" weapons
  In 1989, California was the first state to ban certain types of automatic weapons. More extensive bans have been enacted in New Jersey, Hawaii, Connecticut and Maryland.
- "One handgun a month" laws
  Many purchasers (felons and minors) have circumvented federal law by purchasing firearms from individuals who have legally made bulk purchases of handguns. Four states (South Carolina, Virginia, Maryland, and California) have laws that limit legal purchases of handguns to one a month per buyer.
- Ban on "Saturday Night Specials" and other "junk guns"
  These are small, easily concealed lightweight guns which are unreliable but have appeal to criminals because of their portability. A minority of states have laws which regulate the purchase and use of these weapons. Additionally, local laws in a number of cities outlaw the possession of these weapons.
- Preemption
  The majority of states have laws which prohibit local authorities from passing local gun control ordinances. These "preemption" laws have been supported by the opponents of gun control. Officials in cities which are able to pass such ordinances, such as New York, credit their existence to a dramatic reduction in violent crime.
- Waiting periods
  Although background checks are no longer necessary under federal law, about half the states still use state data in addition to federal data to conduct background checks prior to issuing a handgun permit. Eleven of these states impose waiting periods as well.

How many guns are there?

According a 1994 Department of Justice survey, about 35% of American households own 192 million firearms. Some other estimates are slightly higher. Handguns account for about 35% of this total. (Click to see chart) Slightly less than half of gun owners own both handguns and shotguns or rifles. The typical gun owner is male, middle class, college educated and lives in a small town or rural area. Gun ownership varies greatly by region and there is a significant correlation between the percentage of handgun ownership and the rate of gun-related homicide.

How effective have gun control efforts been?

It is possible that recent gun control legislation has accomplished some of its goals. Although less than 3% of gun applications have been denied since the enactment of the Brady bill, most of the denials have kept guns from felons. The total amount deaths due to guns have significantly decreased. (Click to see chart) Handgun use is the overwhelming cause of such injuries and fatalities. Because most gun injuries and deaths result from criminal assault and homicide , part of the decrease is certainly due to the overall decrease in the crime rate. But it is also clear that the domestic production and importation of handguns has decreased. Overall, handgun ownership in the United States has remained relatively constant in the past three decades. The surge in gun ownership in the late 80's and early 90's probably was more related to public concerns about crime rather than in reaction to gun control legislation.

But gun control activists still believe that it is far to easy for criminals to obtain guns and that an alarming proportion of the population remains armed. Their concern has been fueled by an unprecedented recent rash of school shootings and fatalities. Many experts are blaming this phenomena on violent video games and poor parenting but in each case the youths involved had easy access to the weapons that they used. Gun control advocates support measures which would require trigger locks on all guns and which would apply the provisions of the Brady bill to gun shows. Gun control advocate groups also advocate a federal law authorizing only one handgun purchase per month and raising the age for gun ownership from 18 to 21.

On the other hand, opposition to gun control led by the National Rifle Association (NRA) remains fierce and passionate. These gun owners maintain that an unregulated right to bear arms is guaranteed to citizens by the 2nd amendment although such a broad interpretation has not been adopted by the Supreme Court. Opponents of gun control argue that gun owners often use their weapons to deter crime and that handguns are most commonly used for this purpose. Some studies have shown that such defensive use of weapons occurs at a much greater rate than the extent to which weapons are used in criminal activity although the validity of these studies is in dispute. Gun control opponents are law abiding citizens who put greater trust in individualism than in the government to protect their safety. They are concerned that each step toward greater gun control will lead to the eventual confiscation of all firearms. During the last election, gun control opponent groups spent nearly four million dollars to support candidates. This was almost four times the amount contributed by gun control supporters.

How do other countries regulate guns?

Almost all major countries have systems for registration of firearms. Most major countries do permit the ownership of handguns. Many countries ban ownership of certain types of weapons although some have no restrictions. No country has anywhere near the rate of gun ownership as in the United States and there is a correspondingly high gun homicide rate. But other countries such as Canada have a significant degree of gun ownership yet a low rate of gun homicide. Although cultural and economic factors may contribute to the homicide rate, the association between the number of weapons and the number of homicides caused by these weapons seems inescapable.

How do Democrats and Republicans differ on gun control?

Generally, Democrats support gun control proposals and Republicans do not although the votes on the Brady bill in 1993 show that this is not a strictly partisan issue. The partisan divide on this issue is somewhat reflected by public opinion. Democrats overwhelmingly support gun control and Republicans are divided on the issue. During the 2000 Presidential campaign, President Bush indicated his support for a trigger lock requirement, raising the age limit, and requiring background checks at gun shows. But no legislation on these issues has been initiated by the White House. In 1999 the Senate narrowly voted to regulate gun shows and more substantially supported a measure for trigger locks but no action was taken by the House with respect to either proposal. In April 2004, the Senate again voted for handgun locks but the House has not yet considered the measure.

Gun Control Links

News Sites:

Current stories and links from Yahoo.com

Gun summaries and links from About.com

Summary of Issues from About.com

How Stuff Works - Guns

Anti gun control sites:

Extensive links and commentary from About.com

National Rifle Association Site

Pro gun control sites:

Center for Responsive Politics

Physicians For Social Responsibility