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Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for
gun rights The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
oppose increased restriction of gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms and of the effectiveness of firearms regulation on crime and public safety. It is estimated that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.Briefing Paper. Estimating Global Civilian-Held Firearms Numbers
June 2018 by Aaron Karp. Of
Small Arms Survey The Small Arms Survey (SAS) is an independent research project located at the Graduate Institute of International and Development Studies in Geneva, Switzerland. It provides information on all aspects of small arms and armed violence, as a resou ...
. See box 4 on page 8 for a detailed explanation of "Computation methods for civilian firearms holdings". See country table in annex PDF
Civilian Firearms Holdings, 2017
Se

Debates regarding firearm availability and gun violence in the United States have been characterized by concerns about the
right to bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
, such as found in the Second Amendment to the U.S. Constitution, and the responsibility of the
United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a feder ...
to serve the needs of its citizens and to prevent crime and deaths. Firearms regulation supporters say that indiscriminate or unrestricted gun rights inhibit the government from fulfilling that responsibility, and causes a safety concern. Gun rights supporters promote firearms for
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
– including security against tyranny, as well as
hunting Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products ( fur/ hide, bone/tusks, horn/antler, ...
and sporting activities. Firearms regulation advocates state that restricting and tracking gun access would result in safer communities, while gun rights advocates state that increased firearm ownership by law-abiding citizens reduces crime and assert that criminals have always had easy access to firearms. Gun legislation in the United States is augmented by judicial interpretations of the Constitution. The Second Amendment to the U.S. Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." In 1791, the United States adopted the Second Amendment, and in 1868 adopted the Fourteenth Amendment. The effect of those two amendments on gun politics was the subject of landmark
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decisions in ''
District of Columbia v. Heller ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'' (2008), where the Court affirmed for the first time that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use them for traditionally lawful purposes such as self-defense within the home, and in '' McDonald v. City of Chicago'' (2010), where the Court ruled that the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and thereby applies to both state and federal law. In so doing, it endorsed the "individual-right" theory of the Second Amendment's meaning and rejected a rival interpretation, the "collective-right" theory, according to which the amendment protects a collective right of states to maintain militias or an individual right to keep and bear arms in connection with service in a militia.


History

The American hunting tradition comes from a time when the United States was an agrarian, subsistence nation where hunting was a profession for some, an auxiliary source of food for some settlers, and also a deterrence to animal predators. A connection between shooting skills and survival among rural American men was in many cases a necessity and a '
rite of passage A rite of passage is a ceremony or ritual of the passage which occurs when an individual leaves one group to enter another. It involves a significant change of status in society. In cultural anthropology the term is the Anglicisation of ''rite ...
' for those entering manhood. Today, hunting survives as a central sentimental component of gun culture as a way to control animal populations across the country, regardless of modern trends away from subsistence hunting and rural living. Prior to the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
, there was neither budget nor manpower nor government desire to maintain a full-time army. Therefore, the armed citizen-soldier carried responsibility. Service in militia, including providing one's own ammunition and weapons, was mandatory for all men. Yet, as early as the 1790s, the mandatory universal militia duty evolved gradually to voluntary militia units and a reliance on a
regular army A regular army is the official army of a state or country (the official armed forces), contrasting with irregular forces, such as volunteer irregular militias, private armies, mercenaries, etc. A regular army usually has the following: * a standin ...
. Throughout the 19th century the institution of the organized civilian militia began to decline. The unorganized civilian militia, however, still remains even in current U.S. law, consisting of essentially everyone from age 17 to 45, while also including former military officers up to age 64, as codified in . Closely related to the militia tradition is the frontier tradition, with the need for self-protection pursuant to westward expansion and the extension of the American frontier. Though it has not been a necessary part of daily survival for over a century, "generations of Americans continued to embrace and glorify it as a living inheritanceas a permanent ingredient of this nation's style and culture".


Colonial era through the Civil War

In the years prior to the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
, the British, in response to the colonists' unhappiness over increasingly direct control and taxation of the colonies, imposed a gunpowder embargo on the colonies in an attempt to lessen the ability of the colonists to resist British encroachments into what the colonies regarded as local matters. Two direct attempts to disarm the colonial militias fanned what had been a smoldering resentment of British interference into the fires of war. These two incidents were the attempt to confiscate the cannon of the Concord and Lexington militias, leading to the Battles of Lexington and Concord of April 19, 1775, and the attempt, on April 20, to confiscate militia powder stores in the armory of Williamsburg, Virginia, which led to the
Gunpowder Incident The Gunpowder Incident (or Gunpowder Affair) was a conflict early in the American Revolutionary War between Lord Dunmore, the Royal Governor of the Colony of Virginia, and militia led by Patrick Henry. On April 20, 1775, one day after the Battle ...
and a face-off between
Patrick Henry Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, politician and orator known for declaring to the Second Virginia Convention (1775): " Give me liberty, or give me death!" A Founding Father, he served as the first a ...
and hundreds of militia members on one side and the Royal Governor of Virginia, Lord Dunmore, and British seamen on the other. The Gunpowder Incident was eventually settled by paying the colonists for the powder. According to historian
Saul Cornell Saul Cornell, is the Paul and Diane Guenther Chair in American History at Fordham University. He was Professor of history at Ohio State University and the Director of the Second Amendment Research Center at the John Glenn Institute. Life He re ...
, states passed some of the first gun control laws, beginning with Kentucky's law to "curb the practice of carrying concealed weapons in 1813." There was opposition and, as a result, the individual right interpretation of the Second Amendment began and grew in direct response to these early gun control laws, in keeping with this new "pervasive spirit of individualism." As noted by Cornell, "Ironically, the first gun control movement helped give birth to the first self-conscious gun rights ideology built around a constitutional right of individual self-defense." The individual right interpretation of the Second Amendment first arose in '' Bliss v. Commonwealth'' (1822), which evaluated the right to bear arms in defense of themselves and the state pursuant to Section 28 of the Second Constitution of
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
(1799). The right to bear arms in defense of themselves and the state was interpreted as an individual right, for the case of a concealed sword cane. This case has been described as about "a statute prohibiting the carrying of concealed weapons
hat A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
was violative of the Second Amendment". The United States. Anti-Crime Program. Hearings Before Ninetieth Congress, First Session. Washington: U.S. Government Printing Office, 1967, p. 246. The first state court decision relevant to the "right to bear arms" issue was ''Bliss v. Commonwealth''. The Kentucky court held that "the right of citizens to bear arms in defense of themselves and the State must be preserved entire,..." Also during the Jacksonian Era, the first
collective right Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...
(or group right) interpretation of the Second Amendment arose. In '' State v. Buzzard'' (1842), the Arkansas high court adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution that declared, "that the free white men of this State shall have a right to keep and bear arms for their common defense", while rejecting a challenge to a statute prohibiting the carrying of concealed weapons. The Arkansas high court declared "That the words 'a well-regulated militia being necessary for the security of a free State', and the words 'common defense' clearly show the true intent and meaning of these Constitutions .e., Arkansas and the U.S.and prove that it is a political and not an individual right, and, of course, that the State, in her legislative capacity, has the right to regulate and control it: This being the case, then the people, neither individually nor collectively, have the right to keep and bear arms." Joel Prentiss Bishop's influential ''Commentaries on the Law of Statutory Crimes'' (1873) took Buzzard's militia-based interpretation, a view that Bishop characterized as the "Arkansas doctrine," as the orthodox view of the right to bear arms in American law. The two early state court cases, ''Bliss'' and ''Buzzard'', set the fundamental dichotomy in interpreting the Second Amendment, i.e., whether it secured an individual right versus a collective right.


Post Civil War

In the years immediately following the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, the question of the rights of freed slaves to carry arms and to belong to the militia came to the attention of the federal courts. In response to the problems freed slaves faced in the Southern states, the Fourteenth Amendment was drafted. When the Fourteenth Amendment was drafted, Representative John A. Bingham of
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
used the Court's own phrase "privileges and immunities of citizens" to include the first Eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation. The debate in Congress on the Fourteenth Amendment after the Civil War also concentrated on what the Southern States were doing to harm the newly freed slaves. One particular concern was the disarming of former slaves. The Second Amendment attracted serious judicial attention with the
Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *'' Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Unio ...
era case of '' United States v. Cruikshank'' which ruled that the
Privileges or Immunities Clause The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868. Text of the clause The cl ...
of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government." Akhil Reed Amar notes in the '' Yale Law Journal'', the basis of Common Law for the first ten amendments of the U.S. Constitution, which would include the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist
Haymarket Riot The Haymarket affair, also known as the Haymarket massacre, the Haymarket riot, the Haymarket Square riot, or the Haymarket Incident, was the aftermath of a bombing that took place at a labor demonstration on May 4, 1886, at Haymarket Square in ...
case, ''
Spies Spies most commonly refers to people who engage in spying, espionage or clandestine operations. Spies or The Spies may also refer to: * Spies (surname), a German surname * Spies (band), a jazz fusion band * Spies (song), "Spies" (song), a song by ...
v. Illinois''":


20th century


First half of 20th century

Since the late 19th century, with three key cases from the pre-incorporation era, the U.S. Supreme Court consistently ruled that the Second Amendment (and the Bill of Rights) restricted only Congress, and not the States, in the regulation of guns. Scholars predicted that the Court's incorporation of other rights suggested that they may incorporate the Second, should a suitable case come before them.Levinson, Sanford: ''The Embarrassing Second Amendment'', 99 Yale L.J. 637–659 (1989)


=National Firearms Act

= The first major federal firearms law passed in the 20th century was the National Firearms Act (NFA) of 1934. It was passed after
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcohol ...
-era gangsterism peaked with the Saint Valentine's Day massacre of 1929. The era was famous for criminal use of firearms such as the
Thompson submachine gun The Thompson submachine gun (also known as the "Tommy Gun", "Chicago Typewriter", "Chicago Piano", “Trench Sweeper” or "Trench Broom") is a blowback-operated, air-cooled, magazine-fed selective-fire submachine gun, invented by United Sta ...
(Tommy gun) and
sawed-off shotgun A sawed-off shotgun (also called a sawn-off shotgun, short-barreled shotgun, shorty or a boom stick) is a type of shotgun with a shorter gun barrel—typically under —and often a shortened or absent stock. Despite the colloquial term, ...
. Under the NFA, machine guns, short-barreled rifles and shotguns, and other weapons fall under the regulation and jurisdiction of the Bureau of Alcohol, Tobacco and Firearms (ATF) as described by Title II.


=''United States v. Miller''

= In ''United States v. Miller'' (1939) the Court did not address incorporation, but whether a sawn-off shotgun "has some reasonable relationship to the preservation or efficiency of a well-regulated militia." In overturning the indictment against Miller, the U.S. District Court for the Western District of Arkansas stated that the National Firearms Act of 1934, "offend dthe inhibition of the Second Amendment to the Constitution." The federal government then appealed directly to the Supreme Court. On appeal the federal government did not object to Miller's release since he had died by then, seeking only to have the trial judge's ruling on the unconstitutionality of the federal law overturned. Under these circumstances, neither Miller nor his attorney appeared before the Court to argue the case. The Court only heard argument from the federal prosecutor. In its ruling, the Court overturned the trial court and upheld the NFA.


Second half of 20th century

The Gun Control Act of 1968 (GCA) was passed after the assassinations of President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
, Senator
Robert Kennedy Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, a ...
, and African-American activists
Malcolm X Malcolm X (born Malcolm Little, later Malik el-Shabazz; May 19, 1925 – February 21, 1965) was an American Muslim minister and human rights activist who was a prominent figure during the civil rights movement. A spokesman for the Nation of I ...
and
Martin Luther King Jr. Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968 ...
in the 1960s. The GCA focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers, and importers. It also prohibits selling firearms to certain categories of individuals defined as "prohibited persons." In 1986, Congress passed the Firearm Owners Protection Act. It was supported by the National Rifle Association because it reversed many of the provisions of the GCA. It also banned ownership of unregistered fully automatic rifles and civilian purchase or sale of any such firearm made from that date forward. The assassination attempt on President Ronald Reagan in 1981 led to enactment of the
Brady Handgun Violence Prevention Act The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
(Brady Law) in 1993 which established the national background check system to prevent certain restricted individuals from owning, purchasing, or transporting firearms. In an article supporting passage of such a law, retired chief justice
Warren E. Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...
wrote:
Americans also have a right to defend their homes, and we need not challenge that. Nor does anyone seriously question that the Constitution protects the right of hunters to own and keep sporting guns for hunting game any more than anyone would challenge the right to own and keep fishing rods and other equipment for fishingor to own automobiles. To 'keep and bear arms' for hunting today is essentially a recreational activity and not an imperative of survival, as it was 200 years ago. '
Saturday night special Saturday night special is a colloquial term in the United States and Canada for inexpensive, compact, small-caliber handguns made of poor quality metal. Sometimes known as junk guns, some states define these guns by means of composition or mate ...
s' and machine guns are not recreational weapons and surely are as much in need of regulation as motor vehicles.
A Stockton, California, schoolyard shooting in 1989 led to passage of the Federal Assault Weapons Ban of 1994 (AWB or AWB 1994), which defined and banned the manufacture and transfer of "semiautomatic assault weapons" and "large capacity ammunition feeding devices." According to journalist
Chip Berlet John Foster "Chip" Berlet (; born November 22, 1949) is an American investigative journalist, research analyst, photojournalist, scholar, and activist specializing in the study of extreme right-wing movements in the United States. He also stu ...
, concerns about gun control laws along with outrage over two high-profile incidents involving the ATF (
Ruby Ridge Ruby Ridge was the site of an eleven-day siege in 1992 in Boundary County, Idaho, near Naples. It began on August 21, when deputies of the United States Marshals Service (USMS) initiated action to apprehend and arrest Randy Weaver under a bench ...
in 1992 and the
Waco siege The Waco siege, also known as the Waco massacre, was the law enforcement siege of the compound that belonged to the religious sect Branch Davidians. It was carried out by the U.S. federal government, Texas state law enforcement, and the U.S. ...
in 1993) mobilized the
militia movement The American militia movement is a term used by law enforcement and security analysts to refer to a number of private organizations that include paramilitary or similar elements. These groups may refer to themselves as militia, unorganized milit ...
of citizens who feared that the federal government would begin to confiscate firearms. Though gun control is not strictly a partisan issue, there is generally more support for gun control legislation in the Democratic Party than in the Republican Party.Spitzer, Robert J.: ''The Politics of Gun Control'', Page 16. Chatham House Publishers, Inc., 1995. The
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties Lists of political part ...
, whose campaign platforms favor limited government regulation, is outspokenly against gun control.


=Advocacy groups

= The National Rifle Association (NRA) was founded to promote firearm competency in 1871. The NRA supported the NFA and, ultimately, the GCA. After the GCA, more strident groups, such as the
Gun Owners of America Gun Owners of America (GOA) is a gun rights organization in the United States. It makes efforts to differentiate itself from the larger National Rifle Association (NRA) and has publicly criticized the NRA on multiple occasions for what it consi ...
(GOA), began to advocate for gun rights. According to the GOA, it was founded in 1975 when "the radical left introduced legislation to ban all handguns in California." The GOA and other national groups like the
Second Amendment Foundation The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials ...
(SAF), Jews for the Preservation of Firearms Ownership (JPFO), and the Second Amendment Sisters (SAS), often take stronger stances than the NRA and criticize its history of support for some firearms legislation, such as GCA. The
National Association for Gun Rights The National Association for Gun Rights (NAGR) is a gun rights advocacy group in the United States. They maintain an affiliated PAC and a nonprofit legal foundation. Officially incorporated in Virginia on March 29, 2000, NAGR was founded by Du ...
(NAGR) has been an outspoken critic of the NRA for a number of years. According to the Huffington Post, "NAGR is the much leaner, more pugnacious version of the NRA. Where the NRA has looked to find some common ground with gun reform advocates and at least appear to be reasonable, NAGR has been the unapologetic champion of opening up gun laws even more." These groups believe any compromise leads to greater restrictions. According to the authors of ''The Changing Politics of Gun Control'' (1998), in the late 1970s, the NRA changed its activities to incorporate political advocacy. Despite the impact on the volatility of membership, the politicization of the NRA has been consistent and the NRA-Political Victory Fund ranked as "one of the biggest spenders in congressional elections" as of 1998. According to the authors of ''The Gun Debate'' (2014), the NRA taking the lead on politics serves the gun industry's profitability. In particular when gun owners respond to fears of gun confiscation with increased purchases and by helping to isolate the industry from the misuse of its products used in shooting incidents. The Brady Campaign to Prevent Gun Violence began in 1974 as Handgun Control Inc. (HCI). Soon after, it formed a partnership with another fledgling group called the National Coalition to Ban Handguns (NCBH) – later known as the
Coalition to Stop Gun Violence The Coalition to Stop Gun Violence (CSGV) and the Educational Fund to Stop Gun Violence (EFSGV or Ed Fund), its sister organization, are two parts of a national, non-profit gun control advocacy organization that is opposed to gun violence. Since 1 ...
(CSGV). The partnership did not last, as NCBH generally took a tougher stand on gun regulation than HCI. In the wake of the 1980
murder of John Lennon On the evening of 8 December 1980, English musician John Lennon, formerly of the Beatles, was shot and fatally wounded in the archway of the Dakota, his residence in New York City. The killer was Mark David Chapman, an American Beatles fan wh ...
, HCI saw an increase of interest and fundraising and contributed $75,000 to congressional campaigns. Following the Reagan assassination attempt and the resultant injury of James Brady, Sarah Brady joined the board of HCI in 1985. HCI was renamed in 2001 to Brady Campaign to Prevent Gun Violence.Spitzer, Robert J.: ''The Politics of Gun Control''. Chatham House Publishers, Inc., 1995


=Centers for Disease Control (CDC) restriction

= In 1996, Congress added language to the relevant appropriations bill which required "none of the funds made available for injury prevention and control at the
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
may be used to advocate or promote gun control." This language was added to prevent the funding of research by the CDC that gun rights supporters considered politically motivated and intended to bring about further gun control legislation. In particular, the NRA and other gun rights proponents objected to work supported by the
National Center for Injury Prevention and Control The U.S. Centers for Disease Control and Prevention's National Center for Injury Prevention and Control's mission is to provide leadership in preventing and controlling injuries, i.e., reducing the incidence, severity, and adverse outcomes of injur ...
, then run by Mark L. Rosenberg, including research authored by Arthur Kellermann.


21st century

In October 2003, the
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
published a report on the effectiveness of gun violence prevention strategies that concluded "Evidence was insufficient to determine the effectiveness of any of these laws." A similar survey of firearms research by the National Academy of Sciences arrived at nearly identical conclusions in 2004. In September of that year, the Assault Weapons Ban expired due to a sunset provision. Efforts by gun control advocates to renew the ban failed, as did attempts to replace it after it became defunct. The NRA opposed bans on handguns in Chicago, Washington D.C., and San Francisco while supporting the
NICS Improvement Amendments Act of 2007 The NICS Improvement Amendments Act () was passed in 2007 in the wake of the Virginia Tech shootings in order to address loopholes in the National Instant Criminal Background Check System, commonly known as NICS, which enabled Seung-Hui Cho to bu ...
(also known as the School Safety And Law Enforcement Improvement Act), which strengthened requirements for background checks for firearm purchases. The GOA took issue with a portion of the bill, which they termed the "Veterans' Disarmament Act." Besides the GOA, other national gun rights groups continue to take a stronger stance than the NRA. These groups include the Second Amendment Sisters, Second Amendment Foundation, Jews for the Preservation of Firearms Ownership, and the
Pink Pistols The Pink Pistols are an LGBTQ gun rights organization in the United States and Canada. Their motto is "Pick on someone your own caliber". History Inspired by a Salon.com article written by Jonathan Rauch, Krikket (aka Doug Krick), a libertaria ...
. New groups have also arisen, such as the Students for Concealed Carry, which grew largely out of safety-issues resulting from the creation of gun-free zones that were legislatively mandated amidst a response to widely publicized
school shootings A school shooting is an attack at an educational institution, such as a primary school, secondary school, high school or university, involving the use of firearms. Many school shootings are also categorized as mass shootings due to multiple ...
. In 2001, in '' United States v. Emerson'', the Fifth Circuit became the first federal appeals court to recognize an individual's right to own guns. In 2007, in '' Parker v. District of Columbia'', the
D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
became the first federal appeals court to strike down a gun control law on Second Amendment grounds.


Smart guns

Smart guns only fire when in the hands of the owner, a feature gun control advocates say eliminates accidental firings by children, and the risk of hostile persons (such as prisoners, criminal suspects, an opponent in a fight, or an enemy soldier) grabbing the gun and using it against the owner. Gun rights advocates fear mandatory smart gun technology will make it more difficult to fire a gun when needed.
Smith & Wesson Smith & Wesson Brands, Inc. (S&W) is an American firearm manufacturer headquartered in Springfield, Massachusetts, United States. Smith & Wesson was founded by Horace Smith and Daniel B. Wesson as the "Smith & Wesson Revolver Company" in 1856 ...
reached a settlement in 2000 with the administration of President Bill Clinton, which included a provision for the company to develop a smart gun. A consumer boycott organized by the NRA and NSSF nearly drove the company out of business and forced it to drop its smart gun plans. The New Jersey Childproof Handgun Law of 2002 requires that 30 months after "personalized handguns are available" anywhere in the United States, only smart guns may be sold in the state. Some gun safety advocates worry that by raising the stakes of introducing the technology, this law contributes to the opposition that has prevented smart guns from being sold anywhere in the United States despite availability in other countries. In 2014, a Maryland gun dealer dropped plans to sell the first smart gun in the United States after receiving complaints.


''District of Columbia v. Heller''

In June 2008, in ''District of Columbia v. Heller'', the Supreme Court upheld by a 5–4 vote the ''Parker'' decision striking down the D.C. gun law. ''Heller'' ruled that Americans have an individual right to possess firearms, irrespective of membership in a militia, "for traditionally lawful purposes, such as self-defense within the home." However, in delivering the majority opinion, Justice Antonin Scalia argued that the operative clause of the amendment, "the right of the people to keep and bear Arms, shall not be infringed," codifies an individual right derived from English common law and codified in the English Bill of Rights (1689). The majority held that the Second Amendment's preamble, "A well regulated Militia, being necessary to the security of a free State," is consistent with this interpretation when understood in light of the framers' belief that the most effective way to destroy a citizens' militia was to disarm the citizens. The majority also found that ''United States v. Miller'' supported an individual-right rather than a collective-right view, contrary to the dominant 20th-century interpretation of that decision. (In Miller, the Supreme Court unanimously held that a federal law requiring the registration of sawed-off shotguns did not violate the Second Amendment because such weapons did not have a "reasonable relationship to the preservation or efficiency of a well regulated militia.") Finally, the court held that, because the framers understood the right of self-defense to be "the central component" of the right to keep and bear arms, the Second Amendment implicitly protects the right "to use arms in defense of hearth and home." The four dissenting justices said that the majority had broken established precedent on the Second Amendment, and took the position that the Amendment refers to an individual right, but in the context of militia service.


''McDonald v. City of Chicago''

In June 2010, a Chicago law that banned handguns was struck down. The 5–4 ruling incorporated the Second Amendment, stating that "The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States." Justice Samuel Alito's
plurality opinion A plurality opinion is in certain legal systems the opinion from one or more judges or justices of an appellate court which provides the rationale for the disposition of an appeal when no single opinion received the support of a majority of th ...
attributed incorporation to the Amendment's Due Process Clause.


''New York State Rifle & Pistol Association, Inc. v. Bruen''

In June 2022, the Supreme Court struck down the Sullivan Act's requirement for New York residents to show proper cause to obtain a license for concealed carry of handguns. The Supreme Court's 6-3 majority opinion authored by Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
rejected a two-part test previously used by federal courts to review challenges to gun-control measures. It found that carrying a handgun in public for self-defense is protected under the Second Amendment, while still allowing for restrictions on carrying handguns in "sensitive places."


Advocacy groups, PACs, and lobbying

One way advocacy groups influence politics is through "outside spending," using political action committees (PACs) and
501(c)(4) A 501(c) organization is a nonprofit organization in the federal law of the United States according to Internal Revenue Code (26 U.S.C. § 501(c)) and is one of over 29 types of nonprofit organizations exempt from some federal income taxes. ...
organizations. PACs and 501(c)(4)s raise and spend money to affect elections. PACs pool campaign contributions from members and donate those funds to candidates for political office. Super PACs, created in 2010, are prohibited from making direct contributions to candidates or parties, but influence races by running ads for or against specific candidates. Both gun control and gun rights advocates use these types of organizations. The NRA's Political Victory Fund super PAC spent $11.2 million in the 2012 election cycle, and as of April 2014, it had raised $13.7 million for 2014 elections. Michael Bloomberg's gun-control super PAC, Independence USA, spent $8.3 million in 2012 and $6.3 million in 2013.
Americans for Responsible Solutions Americans for Responsible Solutions (ARS) was a United States non-profit organization and super PAC that supports gun control. The group's stated goal was "to encourage elected officials to stand up for solutions to prevent gun violence and pro ...
, another gun-control super PAC started by retired Congresswoman
Gabby Giffords Gabrielle Dee Giffords (born June 8, 1970) is an American retired politician and gun control advocate who served as a member of the United States House of Representatives representing from January 2007 until January 2012, when she resigned ...
, raised $12 million in 2013, and planned to raise $16 to $20 million by the 2014 elections. The group's treasurer said that the funds would be enough to compete with the NRA "on an even-keel basis." Another way advocacy groups influence politics is through
lobbying In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agencies. Lobbying, which ...
; some groups use lobbying firms, while others employ in-house lobbyists. According to
OpenSecrets OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics (NIMP) ...
, gun politics groups with the most lobbyists in 2013 were: the NRA's Institute for Legislative Action ( NRA-ILA);
Mayors Against Illegal Guns Everytown for Gun Safety is an American nonprofit organization which advocates for gun control and against gun violence. Everytown was created in 2013 when Mayors Against Illegal Guns and Moms Demand Action for Gun Sense in America joined forc ...
(MAIG); the
National Shooting Sports Foundation The National Shooting Sports Foundation (NSSF) is an American national trade association for the firearms industry that is based in Newtown, Connecticut. Formed in 1961, the organization has more than 8,000 members: firearms manufacturers, distrib ...
(NSSF); and the Brady Campaign. Gun rights groups spent over $15.1 million lobbying in Washington D.C. in 2013, with the
National Association for Gun Rights The National Association for Gun Rights (NAGR) is a gun rights advocacy group in the United States. They maintain an affiliated PAC and a nonprofit legal foundation. Officially incorporated in Virginia on March 29, 2000, NAGR was founded by Du ...
(NAGR) spending $6.7 million, and the NRA spending $3.4 million. Gun control groups spent $2.2 million, with MAIG spending $1.7 million, and the
Brady Campaign Brady: United Against Gun Violence (formerly “Handgun Control, Inc”., the Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence) is an American nonprofit organization that advocates for gun control and again ...
spending $250,000 in the same period.


3D printed firearms

In August 2012, an open source group called
Defense Distributed Defense Distributed is an online open-source hardware organization that develops digital schematics of firearms in CAD files, or "wiki weapons", that may be downloaded from the Internet and used in 3D printing or CNC milling applications. Among ...
launched a project to design and release a blueprint for a handgun that could be downloaded from the Internet and manufactured using a
3D printer 3D printing or additive manufacturing is the construction of a three-dimensional object from a CAD model or a digital 3D model. It can be done in a variety of processes in which material is deposited, joined or solidified under computer co ...
. In May 2013, the group made public the STL files for the world's first fully 3D printable gun, the Liberator .380
single shot Single-shot firearms are firearms that hold only a single round of ammunition, and must be reloaded manually after every shot. The history of firearms began with single-shot designs, then multi-barreled designs appeared, and eventually many cent ...
pistol.


Proposals made by the Obama Administration

On January 16, 2013, in response to the
Sandy Hook Elementary School shooting The Sandy Hook Elementary School shooting occurred on December 14, 2012, in Newtown, Connecticut, United States, when 20-year-old Adam Lanza shot and killed 26 people. Twenty of the victims were children between six and seven years old, and t ...
and other mass shootings, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
announced a plan for reducing gun violence in four parts: closing background check loopholes; banning assault weapons and large capacity magazines; making schools safer; and increasing access to mental health services. The plan included proposals for new laws to be passed by Congress, and a series of executive actions not requiring Congressional approval. No new federal gun control legislation was passed as a result of these proposals. President Obama later stated in a 2015 interview with the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
that gun control:
has been the one area where I feel that I've been most frustrated and most stymied, it is the fact that the United States of America is the one advanced nation on earth in which we do not have sufficient common-sense, gun-safety laws. Even in the face of repeated mass killings. And you know, if you look at the number of Americans killed since 9/11 by terrorism, it's less than 100. If you look at the number that have been killed by gun violence, it's in the tens of thousands. And for us not to be able to resolve that issue has been something that is distressing. But it is not something that I intend to stop working on in the remaining 18 months.


2013 United Nations Arms Treaty

The Arms Trade Treaty (ATT) is a
multilateral treaty A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilateral treaties include the ...
that regulates the international trade in
conventional weapons The terms conventional weapons or conventional arms generally refer to weapons whose ability to damage comes from kinetic, incendiary, or explosive energy and exclude weapons of mass destruction (''e.g.'' nuclear, biological, radiological and ...
, which entered into force on December 24, 2014. Work on the treaty commenced in 2006 with negotiations for its content conducted at a global conference under the auspices of the United Nations from July 2–27, 2012, in New York. As it was not possible to reach an agreement on a final text at that time, a new meeting for the conference was scheduled for March 18–28, 2013. On April 2, 2013, the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur ...
adopted the ATT. The treaty was opened for signing on June 3, 2013, and by August 15, 2015, it had been signed by 130 states and ratified or acceded to by 72. It entered into force on December 24, 2014, after it was ratified and acceded to by 50 states. On September 25, 2013, Secretary of State
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party, he ...
signed the ATT on behalf of the Obama administration. This was a reversal of the position of the Bush administration which had chosen not to participate in the treaty negotiations. Then in October a bipartisan group of 50 senators and 181 representatives released concurrent letters to President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
pledging their opposition to ratification of the ATT. The group was led by Senator
Jerry Moran Gerald Wesley Moran ( ; born May 29, 1954) is an American lawyer and politician who is the senior United States senator from Kansas, a seat he has held since 2011. A member of the Republican Party, he was chair of the National Republican Senator ...
( R-
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...
) and Representatives Mike Kelly (R-
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
) and
Collin Peterson Collin Clark Peterson (born June 29, 1944) is an American accountant and politician who served as the U.S. representative for from 1991 to 2021. A member of the Minnesota Democratic–Farmer–Labor Party, or the DFL. he was chairman of the Ho ...
( D-
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
). Following these two letters, four Democratic senators sent a separate letter to the President stating that "because of unaddressed concerns that this Treaty's obligations could undermine our nation's sovereignty and the Second Amendment rights of law-abiding Americans
hey Hey or Hey! may refer to: Music * Hey (band), a Polish rock band Albums * ''Hey'' (Andreas Bourani album) or the title song (see below), 2014 * ''Hey!'' (Julio Iglesias album) or the title song, 1980 * ''Hey!'' (Jullie album) or the title s ...
would oppose the Treaty if it were to come before the U.S. Senate." The four Senators are
Jon Tester Raymond Jon Tester (born August 21, 1956) is an American farmer and politician serving as the senior United States senator from Montana, a seat he has held since 2007. A member of the Democratic Party, Tester is the dean of Montana's congressi ...
(D-
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
),
Max Baucus Maxwell Sieben Baucus ( Enke; born December 11, 1941) is an American politician who served as a United States senator from Montana from 1978 to 2014. A member of the Democratic Party, he was a U.S. senator for over 35 years, making him the long ...
(D-Montana),
Heidi Heitkamp Mary Kathryn "Heidi" Heitkamp ( ; born October 30, 1955) is an American politician who served as a United States senator from North Dakota from 2013 to 2019. A member of the North Dakota Democratic–Nonpartisan League Party, she was the first wom ...
(D-North Dakota), and
Joe Donnelly Joseph Simon Donnelly Sr. (born September 29, 1955) is an American attorney, politician, and diplomat who served as a United States senator from Indiana from 2013 to 2019. Since 2022, he has served as the United States Ambassador to the Holy S ...
(D-Indiana). Supporters of the treaty claim that the treaty is needed to help protect millions around the globe in danger of human rights abuses.
Frank Jannuzi Frank Sampson Jannuzi is president and CEO of the Maureen and Mike Mansfield Foundation. He previously served as Deputy Executive Director (Advocacy, Policy and Research) at Amnesty International USA, where he shaped and promoted legislation and ...
of
Amnesty International USA Amnesty International USA (AIUSA) is one of many country sections that make up Amnesty International worldwide. Amnesty International is an organization of more than 7 million supporters, activists and volunteers in over 150 countries, with compl ...
states, "This treaty says that nations must not export arms and ammunition where there is an 'overriding risk' that they will be used to commit serious human rights violations. It will help keep arms out of the hands of the wrong people: those responsible for upwards of 1,500 deaths worldwide every day." Secretary Kerry was quoted as saying that his signature would "help deter the transfer of conventional weapons used to carry out the world's worst crimes." As of December 2013, the U.S. has not ratified or acceded to the treaty.


Proposals made by the Trump administration

Following the Las Vegas shooting in October 2017 and the Stoneman Douglas High School shooting in February 2018, President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
and the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
(DOJ) sought ways to ban
bump stock Bump stocks or bump fire stocks are gun stocks that can be used to assist in bump firing. Bump firing is the act of using the recoil of a semi-automatic firearm to fire ammunition cartridges in rapid succession. The legality of bump stocks in ...
s, devices that can be used to make semi-automatic weapons fire as fully automatic ones as used in both shootings. Initially, the DOJ believed it had to wait for Congress to pass the appropriate legislation to ban the sale and possession of bump stocks. However, by March 2018, the DOJ introduced proposed revised regulations on gun control that incorporated bump stocks under the definition of machine guns, which would make them banned devices, as Congress had not yet taken any action. After a period of public review, the DOJ implemented the proposed ban starting on December 18, 2018, giving owners of bump stocks the option to either destroy them or turn them into authorities within 90 days, after which the ban would be in full effect (on March 26, 2019). Pro-gun groups immediately sought to challenge the order, but could not get the Supreme Court to put the ban on hold while the litigation was ongoing. In the following week, the Supreme Court refused to exempt the litigants in the legal challenge from the DOJ's order after this was raised as a separate challenge.


Proposals made by the Biden Administration

In April 2022, President Joe Biden announced plans to crack down on "
ghost gun A privately made firearm (''also referred to as a ghost gun, homemade firearm, or eighty-percenter)'' is a firearm that is produced by a private individual rather than a corporate or government entity. The term is used mostly in the United State ...
s", claiming that they have become "weapons of choice for many criminals." Biden also urged Congress to pass a ban on assault rifles and other measures. On June 25, 2022, President Biden signed the
Bipartisan Safer Communities Act The Bipartisan Safer Communities Act is a landmark United States federal law passed during the 117th United States Congress. It implemented several changes to the mental health system, school safety programs, and gun safety laws. Gun safety laws ...
into law, which included strengthened background checks for firearm purchasers under the age of 21, $15 billion in funding for mental health programs and school security upgrades, federal funding to encourage states to implement red flag laws, and gun ownership bans for individuals convicted of domestic abuse charges.


Public opinion


Polls

''Huffington Post'' reported in September 2013 that 48% of Americans said gun laws should be made more strict, while 16% said they should be made less strict and 29% said there should be no change. Similarly, a Gallup poll found that support for stricter gun laws has fallen from 58% after the Newtown shooting, to 49% in September 2013. Both the Huffington Post poll and the Gallup poll were conducted after the
Washington Navy Yard shooting The Washington Navy Yard shooting occurred on September 16, 2013, when 34-year-old Aaron Alexis fatally shot 12 people and injured three others in a mass shooting at the headquarters of the Naval Sea Systems Command (NAVSEA) inside the Washingto ...
. Meanwhile, the Huffington Post poll found that 40% of Americans believe stricter gun laws would prevent future mass shootings, while 52% said changing things would not make a difference. The same poll also found that 57% of Americans think better mental health care is more likely to prevent future mass shootings than stricter gun laws, while 29% said the opposite. 74% of those who incorrectly believed that the USA has universal background checks supported stricter gun laws, but 89% of those who thought that such checks were not universally required supported stricter laws. In a 2015 study conducted by the Law Center to Prevent Gun Violence, state gun laws were examined based on various policy approaches, and were scored on grade-based and ranked scales. States were rated positively for having passed stricter measures and stronger gun laws. Positive points were also given for states that required background checks on all sales of firearms and that limited bulk firearms purchases, and that prohibited sales of assault weapons and large-capacity magazines, and that carried out stricter evaluations of applications for handgun concealed-carry licenses, especially in the context of prohibited domestic-violence offenders. Meanwhile, points were deducted from states with laws that expanded access to guns, or that allowed concealed carry in public areas (particularly schools and bars) without a permit, or that passed "Stand Your Ground Laws" – which remove the duty to retreat and instead allow people to shoot potential assailants. Eventually, states were graded indicating the overall strengths or weakness of their gun laws. The ten states with the strongest gun laws ranked from strongest starting with California, then New Jersey, Massachusetts, Connecticut, Hawaii, New York, Maryland, Illinois, Rhode Island and finally Michigan. The states with weakest gun laws were ranked as follows: South Dakota, Arizona, Mississippi, Vermont, Louisiana, Montana, Wyoming, Kentucky, Kansas, and Oklahoma. A comparable study of state laws was also conducted in 2016. Based on these findings, The Law Center concluded that comprehensive gun laws reduce gun violence deaths, whereas weaker guns laws increase gun-related deaths. Furthermore, among different kinds of legislation, universal background checks were the most effective at reducing gun-related deaths.


Gallup poll

The Gallup organization regularly polls Americans on their views on guns. On December 22, 2012: * 44% supported a ban on "semi-automatic guns known as assault weapons." * 92% supported background checks on all gun-show gun sales. * 62% supported a ban on "high-capacity ammunition magazines that can contain more than 10 rounds." On April 25, 2013: * 56% supported reinstating and strengthening the assault weapons ban of 1994. * 83% supported requiring background checks for all gun purchases. * 51% supported limiting the sale of ammunition magazines to those with 10 rounds or less. On October 6, 2013: * 49% felt that gun laws should be more strict. * 74% opposed civilian handgun bans. * 37% said they had a gun in their home. * 27% said they personally owned a gun. * 60% of gun owners have guns for personal safety/protection, 36% for hunting, 13% for recreation/sport, 8% for target shooting, 5% as a Second Amendment right. In January 2014: * 40% are satisfied with the current state of gun laws, 55% are dissatisfied * 31% want stricter control, 16% want less strict laws On October 19, 2015: * 55% said the law on ''sales'' of firearms should be more strict, 33% kept as they are, 11% less strict ** this was sharply polarised by party, with 77% of Democratic Party supporters wanting stricter laws, against 27% of Republican Party supporters * 72% continued to oppose civilian handgun bans. On October 16, 2017: * 58% of Americans believing that new gun laws would have little or no effect on mass shootings. * 60% said the law on ''sales'' of firearms should be more strict. * 48% "would support a law making it illegal to manufacture, sell or possess" semi-automatic firearms * The following day, a survey was published stating: ** 96% supported "requiring background checks for all gun purchases" *** this includes 95% of gun owners and 96% of non-gun owners ** 75% supported "enacting a 30-day waiting period for all gun sales" *** this includes 57% of gun owners and 84% of non-gun owners ** 70% supported "requiring all privately owned guns to be registered with the police" *** this includes 48% of gun owners and 82% of non-gun owners


National Rifle Association

A member poll conducted for the NRA between January 13 and 14, 2013 found: * 90.7% of members favor "Reforming our mental health laws to help keep firearms out of the hands of people with mental illness." (A majority of 86.4% believe that strengthening laws this way would be more effective at preventing mass murders than banning semi-automatic rifles.) * 92.2% of NRA members oppose gun confiscation via mandatory buy-back laws. * 88.5% oppose banning semi-automatic firearms, firearms that chamber a new round automatically when discharged. * 92.6% oppose a law requiring gun owners to register with the federal government. * 92.0% oppose a federal law banning the sale of firearms between private citizens. * 82.3% of members are in favor of a program that would place armed security professionals in every school. * 72.5% agreed that President Obama's ultimate goal is the confiscation of many firearms that are currently legal. Place of living of respondents: * 35.4% A rural area * 26.4% A small town * 22.9% A suburban area * 14.7% An urban area or city Regional Break: * 36.1% South * 24.1% Mid-West * 21.5% West * 18.3% North-East / Mid-Atlantic


Media depictions and public opinion

A study conducted by Berryessa et al. in 2020 with 3410 qualifying respondents investigated how characteristics of victims and types of incidents described in a media report would affect respondents' support towards gun regulations. They found that mentions of victim race, particularly those of Black victims, was a strong predictor of lowered support for all categories of firearm regulation. Furthermore, regulations designed to address gun deaths from suicide and accidents were less likely to garner support compared to those addressing mass shootings or street-level gun homicide. Descriptions of age, mental illness, prior incarceration, and victim gender were less salient predictors of public support than those of race or incident type.


Political arguments


Rights-based arguments

Rights-based arguments involve the most fundamental question about gun control: to what degree the government has the authority to regulate guns. Proponents of gun rights include but are not limited to the following: : National Rifle Association :
Second Amendment Foundation The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials ...
:
Gun Owners of America Gun Owners of America (GOA) is a gun rights organization in the United States. It makes efforts to differentiate itself from the larger National Rifle Association (NRA) and has publicly criticized the NRA on multiple occasions for what it consi ...
: American Rifle & Pistol Association :
National Association for Gun Rights The National Association for Gun Rights (NAGR) is a gun rights advocacy group in the United States. They maintain an affiliated PAC and a nonprofit legal foundation. Officially incorporated in Virginia on March 29, 2000, NAGR was founded by Du ...
: Firearms Policy Coalition (FPC) :
Pink Pistols The Pink Pistols are an LGBTQ gun rights organization in the United States and Canada. Their motto is "Pick on someone your own caliber". History Inspired by a Salon.com article written by Jonathan Rauch, Krikket (aka Doug Krick), a libertaria ...
: The Well-Armed Woman :Evolve USA : Jews for the Preservation of Firearms Ownership : National African American Gun Association :California Rifle & Pistol Association :
Socialist Rifle Association The Socialist Rifle Association (SRA) is an American socialist firearm organization that is dedicated to "providing working class people the information they need to be effectively armed for self and community defense." The group advocates for Se ...
:
Redneck Revolt Redneck Revolt is an American far-left socialist political group that organizes predominantly among white working-class people. The group supports gun rights and members often openly carry firearms. Its political positions are anti-capitalist ...


Fundamental right

The primary author of the
United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rai ...
,
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
, considered them – including a right to keep and bear arms – to be fundamental. In 1788, he wrote: "The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion." The view that gun ownership is a
fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustai ...
was affirmed by the U.S. Supreme Court in ''District of Columbia v. Heller'' (2008). The Court stated: "By the time of the founding, the right to have arms had become fundamental for English subjects."Utter, Glenn
Culture Wars in America: A Documentary and Reference Guide
p. 145 (ABC-CLIO, November 12, 2009).
The Court observed that the
English Bill of Rights of 1689 The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
had listed a right to arms as one of the fundamental rights of Englishmen. When the Court interpreted the Fourteenth Amendment in '' McDonald v. City of Chicago'' (2010), it looked to the year 1868, when the amendment was ratified and said that most states had provisions in their constitutions explicitly protecting this right. The Court concluded: "It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty."


Second Amendment rights

The Second Amendment to the United States Constitution, adopted on December 15, 1791, states:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Prior to ''District of Columbia v. Heller'', in the absence of a clear court ruling, there was a debate about whether or not the Second Amendment included an individual right. In ''Heller'', the Court concluded that there is indeed such a right, but not an unlimited one. Although the decision was not unanimous, all justices endorsed an individual right viewpoint but differed on the scope of that right.Se
"District of Columbia v. Heller: The Individual Right to Bear Arms" (PDF)
(comment), '' Harvard Law Review'', Vol. 122, pp. 141–142 (2008): "Justice Stevens filed a dissenting opinion, agreeing with the majority that the Second Amendment confers an individual right, but disagreeing as to the scope of that right….Justices Souter, Ginsburg, and Breyer joined Justice Stevens's opinion."
Before ''Heller'' gun rights advocates argued that the Second Amendment protects an individual right to own guns. They stated that the phrase "the people" in that amendment applies to individuals rather than an organized collective and that the phrase "the people" means the same thing in the 1st, 2nd, 4th, 9th, and 10th Amendments.Story, Joseph, A Familiar Exposition of the Constitution of the United States (1986) Regnery Gateway, Chicago, Illinois, pp. 319–320, Hardy, David T. The origins and Development of the Second Amendment (1986), Blacksmith Corp., Chino Valley, Arizona, pp. 64–93, They also said the Second's placement in the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
defines it as an individual right. As part of the ''Heller'' decision, the majority endorsed the view that the Second Amendment protects an individual, not unlimited, right to own guns.
Political scientist Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
Robert Spitzer and Supreme Court law clerk Gregory P. Magarian argued that this final decision by the Supreme Court was a misinterpretation of the U.S. Constitution. After the ''Heller'' decision there was an increased amount of attention on whether or not the Second Amendment applies to the states. In 2010 in the case of '' McDonald v. City Chicago'', the Supreme Court ruled that the Second Amendment's provisions do apply to the states as a result of the Fourteenth Amendment.


Defense of self and state

The eighteenth-century English jurist
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
(b. 1723), whose writings influenced the drafters of the U.S. Constitution, called
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
"the primary law of nature" which (he said) man-made law cannot take away. Following Blackstone, the American jurist St. George Tucker (b. 1752) wrote that "the right of self-defense is the first law of nature; in most governments, it has been the study of rulers to confine this right within the narrowest limits possible."Vile, John.
Great American Judges: An Encyclopedia
', Volume 1, p. 766 (ABC-CLIO, 2003).
In both ''Heller'' (2008) and ''McDonald'' (2010) the Supreme Court deemed that the right of self-defense is at least partly protected by the United States Constitution. The court left details of that protection to be worked out in future court cases. The two primary interest groups regarding this issue are the Brady Campaign and the National Rifle Association.Wilson, Harry.
Guns, Gun Control, and Elections: The Politics and Policy of Firearms
', pp. 20–21 (Rowman & Littlefield, 2007).
They have clashed, for example, regarding
stand-your-ground law A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense) ...
s which give individuals a legal right to use guns for defending themselves without any
duty to retreat In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions th ...
from a dangerous situation. After the Supreme Court's 2008 decision in ''Heller'', the Brady Campaign indicated that it would seek gun laws "without infringing on the right of law-abiding persons to possess guns for self-defense."


Protection of marginalized people

Left-wing and far-left advocates for gun rights argue that gun ownership is necessary for protecting marginalized communities, such as African Americans and the
working class The working class (or labouring class) comprises those engaged in manual-labour occupations or industrial work, who are remunerated via waged or salaried contracts. Working-class occupations (see also " Designation of workers by collar colo ...
, from state repression. Far-left advocates argue that gun control laws mostly benefit white people and harm
people of color The term "person of color" ( : people of color or persons of color; abbreviated POC) is primarily used to describe any person who is not considered "white". In its current meaning, the term originated in, and is primarily associated with, the U ...
.


Security against tyranny

Another fundamental political argument associated with the right to keep and bear arms is that banning or even regulating gun ownership makes government
tyranny A tyrant (), in the modern English usage of the word, is an absolute ruler who is unrestrained by law, or one who has usurped a legitimate ruler's sovereignty. Often portrayed as cruel, tyrants may defend their positions by resorting to ...
more likely. A January 2013
Rasmussen Reports Rasmussen Reports is an American polling company founded in 2003. The company engages in political commentary and the collection, publication, and distribution of public opinion polling information. Rasmussen Reports conducts nightly tracking, ...
poll indicated that 65 percent of Americans believe the purpose of the Second Amendment is to "ensure that people are able to protect themselves from tyranny."65% See Gun Rights As Protection Against Tyranny
Rasmussen Reports (January 18, 2013): "The Second Amendment to the Constitution provides Americans with the right to own a gun. Is the purpose of the Second Amendment to ensure that people are able to protect themselves from tyranny?"
A
Gallup poll Gallup, Inc. is an American analytics and advisory company based in Washington, D.C. Founded by George Gallup in 1935, the company became known for its public opinion polls conducted worldwide. Starting in the 1980s, Gallup transitioned its ...
in October 2013 showed that 60 percent of American gun owners mention "personal safety/protection" as a reason for owning them, and 5 percent mention a "Second Amendment right," among other reasons. The anti-tyranny argument extends back to the days of colonial America and earlier in Great Britain. Various gun rights advocates and organizations, such as former governor Mike Huckabee, former Congressman Ron Paul, and Gun Owners of America, say that an armed citizenry is the population's last line of defense against tyranny by their own government. This belief was also familiar at the time the Constitution was written.See, e.g., Noah Webster, "An Examination into the Leading Principles of the Federal Constitution" (1787), reprinted in ''Pamphlets on the Constitution of the United States, Published During Its Discussion by the People, 1787–1788'', at 56 (Paul L. Ford, ed. 1971) (1888):
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States.
The
Declaration of Independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...
mentions "the Right of the People to alter or to abolish" the government, and
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
's first
inaugural address In government and politics, inauguration is the process of swearing a person into office and thus making that person the incumbent. Such an inauguration commonly occurs through a formal ceremony or special event, which may also include an inaugur ...
reiterated the "revolutionary right" of the people. A
right of revolution In political philosophy, the right of revolution (or right of rebellion) is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without cause. Stated throu ...
was not explicitly mentioned in the Constitution; instead, the Constitution was designed to ensure a government deriving its power from the
consent of the governed In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political pow ...
. Historian Don Higginbotham wrote that the well-regulated militia protected by the Second Amendment was more likely to put down rebellions than participate in them. Gun rights advocates such as
Stephen Halbrook Stephen P. Halbrook (born 12 September 1947) is a senior fellow at the Independent Institute and an author and lawyer known for his litigation on cases involving laws pertaining to firearms. He has written extensively about the original meanings o ...
and
Wayne LaPierre Wayne Robert LaPierre Jr. (born November 8, 1949) is an American gun rights lobbyist who is CEO and executive vice president of the National Rifle Association (NRA), a position he has held since 1991. Personal background Wayne Robert LaPierr ...
support the " Nazi gun control" theory. The theory states that gun regulations enforced by the
Third Reich Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
rendered victims of
the Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; ...
weak, and that more effective resistance to oppression would have been possible if they had been better armed. Other gun laws of
authoritarian regimes Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political '' status quo'', and reductions in the rule of law, separation of powers, and democratic ...
have also been brought up. This
counterfactual history Counterfactual history (also virtual history) is a form of historiography that attempts to answer the '' What if?'' questions that arise from counterfactual conditions. As a method of intellectual enquiry, counterfactual history explores histor ...
theory is not supported by mainstream scholarship, though it is an element of a "security against tyranny" argument in U.S. politics.'' American gun rights activist Larry Pratt says that the anti-tyranny argument for gun rights is supported by successful efforts in Guatemala and the Philippines to arm ordinary citizens against communist insurgency in the 1980s. Gun-rights advocacy groups argue that the only way to enforce democracy is through having the means of resistance. Militia-movement groups cite the Battle of Athens (Tennessee, 1946) as an example of citizens who "
sed sed ("stream editor") is a Unix utility that parses and transforms text, using a simple, compact programming language. It was developed from 1973 to 1974 by Lee E. McMahon of Bell Labs, and is available today for most operating systems. sed w ...
armed force to support the Rule of Law" in what they said was a rigged county election. Then-senator
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
wrote in 1960 that, "it is extremely unlikely that the fears of governmental tyranny which gave rise to the Second Amendment will ever be a major danger to our nation...." In 1957, the legal scholar
Roscoe Pound Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a membe ...
expressed a different view: He stated, "A legal right of the citizen to wage war on the government is something that cannot be admitted. ... In the urban industrial society of today, a general right to bear efficient arms so as to be enabled to resist oppression by the government would mean that gangs could exercise an extra-legal rule which would defeat the whole Bill of Rights."


Public policy arguments

Public policy arguments are based on the idea that the central purpose of government is to establish and maintain order. This is done through public policy, which Blackstone defined as "the due regulation and domestic order of the kingdom, whereby the inhabitants of the State, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious, and inoffensive in their respective stations."


Gun violence debate

The public policy debates about gun violence include discussions about firearms deaths – including homicide, suicide, and unintentional deaths – as well as the impact of gun ownership, criminal and legal, on gun violence outcomes. After the
Sandy Hook shooting The Sandy Hook Elementary School shooting occurred on December 14, 2012, in Newtown, Connecticut, United States, when 20-year-old Adam Lanza shot and killed 26 people. Twenty of the victims were children between six and seven years old, and th ...
, the majority of people, including gun owners and non-gun owners, wanted the government to spend more money in order to improve mental health screening and treatment, to deter gun violence in America. In the United States in 2009 there were 3.0 recorded intentional homicides committed with a firearm per 100,000 inhabitants. The U.S. ranks 28 in the world for gun homicides per capita. A U.S. male aged 15–24 is 70 times more likely to be killed with a gun than their counterpart in the eight (G-8) largest industrialized nations in the world (United Kingdom, France, Germany, Japan, Canada, Italy, Russia). In 2013, there were 33,63
gun-related deaths
in the United States. Meanwhile, in the same year of Japan, there were only 13 deaths that were involved with guns. In incidents concerning gun homicide or accidents, a person in America is about 300 times more likely to die than a Japanese person. In 2015, there were 36,25
deaths due to firearms
and some claim as many as 372
mass shootings There is a lack of consensus on how to define a mass shooting. Most terms define a minimum of three or four victims of gun violence (not including the shooter or in an inner city) in a short period of time, although an Australian study from 20 ...
, in the U.S, while guns were used to kill about 50 people in the U.K. However, using the FBI definition of a "mass shooting" there were only 4 in the U.S. in 2015. More people are typically killed with guns in the U.S. in a day (about 85) than in the U.K. in a year. Within the gun politics debate, gun control and gun rights advocates disagree over the role that guns play in
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
. Gun control advocates concerned about high levels of
gun violence Gun-related violence is violence committed with the use of a firearm. Gun-related violence may or may not be considered criminal. Criminal violence includes homicide (except when and where ruled justifiable), assault with a deadly weapon, and ...
in the United States look to restrictions on gun ownership as a way to stem the violence and say that increased gun ownership leads to higher levels of crime, suicide and other negative outcomes. Gun rights groups say that a well-armed civilian populace prevents crime and that making civilian ownership of firearms illegal would increase the
crime rate Crime statistics refer to systematic, quantitative results about crime, as opposed to crime news or anecdotes. Notably, crime statistics can be the result of two rather different processes: * scientific research, such as criminological studies, vi ...
by making civilians vulnerable to criminal activity. They say that more civilians defend themselves with a gun every year than the law enforcement arrest for violent crimes and burglary and that civilians legally shoot almost as many criminals as law enforcement officers do. Studies using FBI data and Police Reports of the incidents, have found that there are approximately 1,500 verified instances of firearms used in self-defense annually in the United States. Survey-based research derived from data gathered by the National Crime Victimization Survey has generated estimates that, out of roughly 5.5 million violent crime victims in the U.S. annually approximately 1.1 percent, or 55,000 used a firearm in self-defense (175,000 for the 3-year period.) When including property crimes, of the 15.5 million victims of property crimes annually found in the survey (46.5 million for 2013–2015), the NCV survey data yielded estimates that around 0.2 percent of property crime victims, or 36,000 annually (109,000 for the 3-year period) used a firearm in self-defense from the loss of property. Researchers working from the most recent NCVS data sets have found approximately 95,000 uses of a firearm in self-defense in the U.S. each year (284,000 for the years 2013–2015). In addition, the United States has a higher rate of firearm ownership than any other nation. The United States' gun homicide rate, while high compared to other developed nations, has been declining since the 1990s. Gun Control has limited the availability of firearms to many individuals. Some of the limitations include any persons who have been dishonorably discharged from the military, any person that has renounced their United States citizenship, has been declared mentally ill or committed to a mental institution, is a fugitive, is a user or addicted to a controlled substance, and anyone illegally in the country. Still, in 2016, according to the Center for Disease Control, there were 19,362 homicides in the United States. Firearms were used in 14,415 or a little over 74% of all homicides. There were also 22,938 suicides that were performed with the assistance of a firearm. In total, in 2016, firearms were involved in the deaths of 38,658 Americans. According to Rifat Darina Kamal and Charles Burton, in 2016, study data, presented by Priedt (2016), showed that just the homicide rate, by itself, was 18 times greater than the rates of Australia, Sweden, and France. Due to the increase in mass shootings, in the United States, new laws are being passed. Recently, Colorado became the fifteenth state to pass the "Red Flag" bill which gives judges the authority to remove firearms from those believed to be a high risk of harming others or themselves. This "Red Flag" law has now been proposed in twenty-three states.


Criminal violence

There is an open debate regarding a causal connection (or the lack of one) between gun control and its effect on gun violence and other crimes. The numbers of lives saved or lost by gun ownership are debated by criminologists. Research difficulties include the difficulty of accounting accurately for confrontations in which no shots are fired and jurisdictional differences in the definition of "crime." Such research is also subject to a more fundamental difficulty affecting all research in this field: the effectiveness of the Criminal Law in preventing crime in general or in specific cases is inherently and notoriously difficult to prove and measure, and thus issues in establishing a causal link between gun control or particular gun control policies and violent crime must be understood to be an aspect of a more general empirical difficulty, which pervades the fields of Criminology and
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
at large. It is not simple, for example, to prove a causal connection between the laws against murder and the prevailing murder rates, either. Consequently, this general background must be appreciated when discussing the causal and empirical issues here. A study published in ''The American Journal of Economics and Sociology'' in 1997 concluded that the amount of gun-related crime and deaths is affected more by the state of the area in terms of unemployment, alcohol problems and drug problems instead of the laws and regulations. This study analyzed statistics gathered on the amount of gun crime in states with strict and lenient gun policies and determined that the amount of gun crime is related to how impoverished an area is. A 2003 CDC study determined "The Task Force found insufficient evidence to determine the effectiveness of any of the firearms laws or combinations of laws reviewed on violent outcomes." They go on to state "a finding of insufficient evidence to determine effectiveness should not be interpreted as evidence of ineffectiveness but rather as an indicator that additional research is needed before an intervention can be evaluated for its effectiveness." In 2009, the Public Health Law Research program, an independent organization, published several evidence briefs summarizing the research assessing the effect of a specific law or policy on public health, that concern the effectiveness of various laws related to gun safety. Among their findings: * There is not enough evidence to establish the effectiveness of "shall issue" laws, as distinct from "may issue" laws, as a public health intervention to reduce violent crime. * There is insufficient evidence to determine the effectiveness of waiting period laws as public health interventions aimed at preventing gun-related violence and suicide. * Although child access prevention laws may represent a promising intervention for reducing gun-related morbidity and mortality among children, there is currently insufficient evidence to validate their effectiveness as a public health intervention aimed at reducing gun-related harms. * There is insufficient evidence to establish the effectiveness of such bans as public health interventions aimed at reducing gun-related harms. * There is insufficient evidence to validate the effectiveness of firearm licensing and registration requirements as legal interventions aimed to reduce fire-arm related harms.


=Homicide

= With 5% of the world's population, U.S. residents own roughly 50% of the world's civilian-owned firearms. In addition, up to 48% of households within America have guns. According to the
UNODC The United Nations Office on Drugs and Crime (UNODC; French: ''Office des Nations unies contre la drogue et le crime'') is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the ...
, 60% of U.S. homicides in 2009 were perpetrated using a firearm."Homicide by Firearm"
United Nations Office on Drugs and Crime. Retrieved December 4, 2012
U.S. homicide rates vary widely from state to state. In 2014, the lowest homicide rates were in New Hampshire, North Dakota, and Vermont (each 0.0 per 100,000 people), and the highest were in Louisiana (11.7) and Mississippi (11.4).
Gary Kleck Gary Kleck (born March 2, 1951) is a criminologist and the David J. Bordua Professor Emeritus of Criminology at Florida State University. Early life and education Kleck was born in Lombard, Illinois, to William and Joyce Kleck. He attended Gle ...
, a criminologist at Florida State University, and his colleague Marc Gertz, published a study in 1995 estimating that approximately 2.5 million American adults used their gun in self-defense annually. The incidents that Kleck extrapolated based on his questionnaire results generally did not involve the firing of the gun, and he estimates that as many as 1.9 million of those instances involved a handgun. These studies have been subject to criticism on a number of methodological and logical grounds and Kleck has responded with a rebuttal. Another study from the same period, the National Crime Victimization Survey (NCVS), estimated 65,000 DGUs (
Defensive gun use Defensive gun use (DGU) is the use or presentation of a firearm for self-defense, defense of others or, in some cases, protecting property. The frequency of incidents involving DGU, and their effectiveness in providing safety and reducing crime ...
) annually. The NCVS survey differed from Kleck's study in that it only interviewed those who reported a threatened, attempted, or completed victimization for one of six crimes: rape, robbery, assault, burglary, non-business larceny, and motor vehicle theft. The NCVS, however, does not actually directly ask about defensive gun use, so estimates of this set of events are not very meaningful. A National Research Council report said that Kleck's estimates appeared to be exaggerated and that it was almost certain that "some of what respondents designate as their own self-defense would be construed as aggression by others". In a review of research of the effects of gun rates on crime rates, Kleck determined that of studies addressing homicide rate, half of them found a connection between gun ownership and homicide, but these were usually the least rigorous studies. Only six studies controlled at least six statistically significant confound variables, and none of them showed a significant positive effect. Eleven macro-level studies showed that crime rates increase gun levels (not vice versa). The reason that there is no opposite effect may be that most owners are noncriminals and that they may use guns to prevent violence.The Impact of Gun Ownership Rates on Crime Rates: A Methodological Review of the Evidence
, Gary Kleck, ''Journal of Criminal Justice'' 43 (2015) 40–48.
Commenting on the external validity of Kleck's report,
David Hemenway David Hemenway (born 1945) is a Professor of Health Policy at the Harvard School of Public Health. He has a B.A. (1966) and Ph.D. (1974) from Harvard University in economics. He is the director of the Harvard Injury Control Research Center and ...
, director of the Harvard Injury Control Research Center, said: "Given the number of victims allegedly being saved with guns, it would seem natural to conclude that owning a gun substantially reduces your chances of being murdered. Yet a careful case-control study of homicide in the home found that a gun in the home was associated with an increased rather than a reduced risk of homicide. Virtually all of this risk involved homicide by a family member or intimate acquaintance." Kleck however pointed out that most of the firearms used in the Kellermann study were not the same ones kept in the household by the victim. Similarly in 2007 when the Permit-To-Purchase law was repealed in Missouri,2008 saw a 34% increase in the rate of firearm homicides in that year alone, and the figure continues to be higher than the figure pre-2007. One study found that homicide rates as a whole, especially those as a result of firearms use, are not always significantly lower in many other developed countries. Kleck wrote, "...cross-national comparisons do not provide a sound basis for assessing the impact of gun ownership levels on crime rates." One study published in the ''
International Journal of Epidemiology The ''International Journal of Epidemiology'' is a bimonthly peer-reviewed medical journal covering research in epidemiology. It is the official journal of the International Epidemiological Association and is published by Oxford University Press. ...
'' found that for the year of 1998: "During the one-year study period (1998), 88,649 firearm deaths were reported. Overall firearm mortality rates are five to six times higher in high-income (HI) and upper-middle-income (UMI) countries in the Americas (12.72) than in Europe (2.17) or Oceania (2.57) and 95 times higher than in Asia (0.13). The rate of firearm deaths in the United States (14.24 per 100,000) exceeds that of its economic counterparts (1.76) eightfold and that of UMI countries (9.69) by a factor of 1.5. Suicide and homicide contribute equally to total firearm deaths in the U.S., but most firearm deaths are suicides (71%) in HI countries and homicides (72%) in UMI countries."


Suicide

Firearms accounted for 51.5% of U.S. suicides in 2013, and suicides account for 63% of all firearm-related deaths. A 2012 review by researchers at the
Harvard School of Public Health The Harvard T.H. Chan School of Public Health is the public health school of Harvard University, located in the Longwood Medical Area of Boston, Massachusetts. The school grew out of the Harvard- MIT School for Health Officers, the nation's firs ...
found that in the United States, the percent of suicide attempts that prove fatal is "strongly related to the availability of household firearms." Prior to this, one book written by criminologist Gary Kleck in the 1990s stated that they found no relationship between gun availability and suicide rates.


Federal and state laws

The number of federal and state gun laws is unknown. A 2005 ''
American Journal of Preventive Medicine The ''American Journal of Preventive Medicine'' is a monthly peer-reviewed medical journal that publishes articles (in-print and online) in the areas of prevention research, teaching, practice and policy. Original research is published on intervent ...
'' study says 300, and the NRA says 20,000, though the ''Washington Post'' fact checker says of that decades-old figure: "This 20,000 figure appears to be an ancient guesstimate that has hardened over the decades into a constantly repeated, never-questioned talking point. It could be lower, or higher, depending on who's counting what."


Federal laws

Federal gun laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Most federal gun laws were enacted through: *
National Firearms Act The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufact ...
(1934) *
Omnibus Crime Control and Safe Streets Act of 1968 The Omnibus Crime Control and Safe Streets Act of 1968 (, codified at ''et seq.'') was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance Admi ...
(1968) * Gun Control Act of 1968 (1968) * Firearm Owners Protection Act (1986) *
Undetectable Firearms Act The United States Undetectable Firearms Act of 1988 makes it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that is not as detectable by walk-through metal detection as a security exemplar containi ...
(1988) *
Gun-Free School Zones Act of 1990 The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, i ...
(1990) (ruled unconstitutional as originally written; upheld after minor edits were made by Congress) *
Brady Handgun Violence Prevention Act The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
(1993) * Federal Assault Weapons Ban (1994) (expired 2004)


State laws and constitutions

In addition to federal gun laws, all U.S. states and some local jurisdictions have imposed their own firearms restrictions. Each of the fifty states has its own laws regarding guns. Provisions in State constitutions vary. For example, Hawaii's constitution simply copies the text of the Second Amendment verbatim, while North Carolina and South Carolina begin with the same but continue with an injunction against maintaining standing armies. Alaska also begins with the full text of the Second Amendment, but adds that the right "shall not be denied or infringed by the State or a political subdivision of the State". Rhode Island subtracts the first half of the Second Amendment, leaving only, " e right of the people to keep and bear arms shall not be infringed". The majority of the remaining states' constitutions differ from the text of the U.S. Constitution primarily in their clarification of exactly to whom the right belongs or by the inclusion of additional, specific protections or restrictions. Seventeen states refer to the right to keep and bear arms as being an individual right, with Utah and Alaska referring to it explicitly as " e individual right to keep and bear arms", while the other fifteen refer to the right as belonging to "every citizen", "all individuals", "all persons", or another, very similar phrase. In contrast are four states which make no mention whatever of an individual right or of defense of one's self as a valid basis for the right to arms. Arkansas, Massachusetts, and Tennessee all state that the right is "for the common defense", while Virginia's constitution explicitly indicates that the right is derived from the need for a militia to defend the state. Most state constitutions enumerate one or more reasons for the keeping of arms. Twenty-four states include self-defense as a valid, protected use of arms; twenty-eight cite defense of the state as a proper purpose. Ten states extend the right to defense of home and/or property, five include the defense of family, and six add hunting and recreation. Idaho is uniquely specific in its provision that " law shall impose licensure, registration, or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony". Fifteen state constitutions include specific restrictions on the right to keep and bear arms. Florida's constitution calls for a three-day waiting period for all modern cartridge handgun purchases, with exceptions for handgun purchases by those holding a CCW license, or for anyone who purchases a black-powder handgun. Illinois prefaces the right by indicating that it is " bject ... to the police power". Florida and the remaining thirteen states with specific restrictions all carry a provision to the effect that the state legislature may enact laws regulating the carrying, concealing, and/or wearing of arms. Forty states
preempt Preempt (also spelled "pre-empt") is a bid in contract bridge whose primary objectives are (1) to thwart opponents' ability to bid to their best contract, with some safety, and (2) to fully describe one's hand to one's partner in a single bid. A ...
some or all local gun laws, due in part to campaigning by the NRA for such legislation.Vernick, Jon S., Lisa M. Hepburn.
Twenty Thousand Gun-Control Laws?
Center on Urban & Metropolitan Policy,
Brookings Institution The Brookings Institution, often stylized as simply Brookings, is an American research group founded in 1916. Located on Think Tank Row in Washington, D.C., the organization conducts research and education in the social sciences, primarily in e ...
. December 2002


See also


Articles

*
2018 United States gun violence protests In 2018, protests against gun violence in the United States increased after a series of mass shootings, most notably at the Marjory Stoneman Douglas High School on February 14 that year. An organized protest in the form of a national school walk ...
* Assault weapons legislation in the United States * Campus carry in the United States *
Concealed carry in the United States Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every ...
*
Gun culture in the United States In the United States, gun culture encompasses the behaviors, attitudes, and beliefs about firearms and their usage by civilians. Gun ownership in the United States is the highest in the world, and constitutionally protected by the Second Amendm ...
*
Gun ownership Gun ownership is the status of owning a gun, either legal or illegal. In 2018, Small Arms Survey reported that there are over one billion small arms distributed globally, of which 857 million (about 85 percent) are in civilian hands.
*
Gun show loophole Gun show loophole is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. This is als ...
*
High-capacity magazine ban A high-capacity magazine ban is a law which bans or otherwise restricts high-capacity magazines, detachable firearm magazines that can hold more than a certain number of rounds of ammunition. For example, in the United States, the now-expired F ...
*
Open carry in the United States In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the ...
* One handgun a month law *
Universal background check Proposals for universal background checks would require almost all firearms transactions in the United States to be recorded and go through the National Instant Criminal Background Check System (NICS), closing what is sometimes called the priva ...


Organizations


Notes


References


Further reading


Books

* Adams, Les (1996). ''The Second Amendment Primer. A Citizen's Guidebook To The History, Sources, And Authorities For The Constitutional Guarantee Of The Right To Keep And Bear Arms.'' Odysseus Editions. Birmingham, Alabama * * * * * * * * * *


Journals

* Berryessa, C.M., Sierra-Arévalo, M. & Semenza, D.C. Portrayals of gun violence victimization and public support for firearm policies: an experimental analysis. J Exp Criminol (2022). https://doi.org/10.1007/s11292-022-09517-x * * * * * * * * McKeever, B. W., Choi, M., Walker, D., & McKeever, R. (2022). Gun violence as a public health issue: Media advocacy, framing and implications for communication. Newspaper Research Journal, 43(2), 138–154. https://doi.org/10.1177/07395329221090497


News

*


External links

* * Gun control advocacy groups:
Brady Campaign to Prevent Gun Violence

Everytown for Gun Safety

Giffords Law Center to Prevent Gun Violence

Violence Policy Center
Gun rights advocacy groups:
National Rifle Association

Second Amendment Foundation

Gun Owners of America
{{DEFAULTSORT:Gun Politics In The United States Articles containing video clips