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

The gun control controversy has resurfaced in the aftermath of incidents of highly publicized indiscriminate deadly mass shootings. Many of these shootings have involved the use of automatic weapons. Such incidents were extremely rare prior to the mid 1980s but have become alarmingly frequent since then.   The reasons for this epidemic are poorly understood.

It remains to be seen whether renewed gun control fervor will continue since gun control has not been a politically popular issue in recent years. 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. The percentage of Americans who consider "gun control" as an important issue has been low until it again rose in the aftermath of these shootings.

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. Under two Supreme Court rulings which were issued in 2008 and 2010, there are constitutional limits to gun control. Based on the second Amendment, these rulings invalidated laws in Washington D.C. and Chicago which had banned ownership of handguns.

Gun control has been an issue for many decades because of the fact that the gun death rate in the United States far exceeds the rate in other developed countries.  

• 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 expired in 2004. By a narrow margin , the Senate voted to extend the ban but the House did not take action and the ban was allowed to expire. Efforts to revive the ban have been unsuccessful.

• 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 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.

Pro gun control sites:
Violence Policy Center
Brady Campaign to Prevent Gun Violence

Gun Control Charts
(click to enlarge)