gun policy
Gun policy in the United States centers on the constitutional right to bear arms and the ongoing debate over regulation to balance public safety with individual freedoms.
general notes
the right to keep and bear arms is protected by the Second Amendment of the U.S. Constitution
gun laws are created and enforced at both state and federal levels, with oversight by agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
gun ownership and regulation are among the most debated issues in American politics
protects the right to keep and bear arms, originally to maintain a well-regulated militia
major Supreme Court cases
District of Columbia v. Heller (2008): affirmed that the Second Amendment protects an individual’s right to possess firearms
McDonald v. City of Chicago (2010): extended that right to state and local governments through the Fourteenth Amendment’s due process clause
New York State Rifle & Pistol Association v. Bruen (2022): struck down New York’s requirement for concealed carry permits to demonstrate “proper cause,” expanding Second Amendment protections
Equal protection and due process rights
fair legal procedure and protection before depriving life, liberty, property
key legislation
National Firearms Act (1934): taxed and regulated machine guns, short-barreled shotguns, and silencers
Federal Firearms Act (1938): required gun dealers to be licensed and restricted sales to certain individuals (e.g. felons)
Omnibus Crime Control and Safe Streets Act (1968): limited handgun sales across state lines, raised handgun purchase age to 21
Gun Control Act (1968): regulated interstate firearm transfers, limited access to licensed sellers
Undetectable Firearms Act (1988): banned firearms that cannot be detected by metal detectors (guns must contain 3.7 ounces of metal)
Gun-Free School Zones Act (1990): prohibits unauthorized individuals from possessing firearms in school zones
Brady Handgun Violence Prevention Act (1993): introduced background checks for gun purchasers
Federal Assault Weapons Ban (1994–2004): banned the sale of certain semiautomatic weapons and high-capacity magazines (expired after 10 years)
Law Enforcement Officers Safety Act (2004): allows qualified officers to carry concealed firearms across the U.S.
Protection of Lawful Commerce in Arms Act (2005): shields gun manufacturers and dealers from liability when firearms are used in crimes
Bipartisan Safer Communities Act (2022):
expands background checks for buyers under 21 to include juvenile records
strengthens penalties for illegal gun trafficking
closes the “boyfriend loophole” by restricting access to guns for abusive former partners
party views
democrats, in general....
support stricter gun laws to reduce gun violence
advocate for universal background checks on all firearm purchases
support bans on assault-style weapons and high-capacity magazines
back red flag laws that allow temporary removal of firearms from individuals deemed a threat
promote funding for gun safety education and research
semi-automatic firearms with military-style features, often used in mass shootings
gun magazines (storages) that hold more than a standard number of rounds, usually over 10
republicans, in general....
emphasize the Second Amendment as a safeguard of individual liberty and self-protection
oppose many new gun control laws, arguing they impact law-abiding citizens
support the existing background check system, but generally oppose expanding it
resist bans on certain firearms, calling definitions vague or ineffective
focus on individual responsibility and the right to self-defense