Gun ControlGun Control

• "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."-Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344

•For target shooting, that's okay. Get a license and go to the range. For defense of the home, that's why we have police departments.-James Brady

The IssuesThe Issues

•Whether the federal Whether the federal government should provide a government should provide a stronger role in regulating stronger role in regulating handguns and related handguns and related firearmsfirearms

•Methods would include making Methods would include making it harder for dangerous persons it harder for dangerous persons to buy a gunto buy a gun

•Improving safety of gunsImproving safety of guns

•Regulating sales at gun showsRegulating sales at gun shows

•National Rifle Association (NRA) National Rifle Association (NRA) is against more federal is against more federal regulationregulation

•Handgun Control (the Brady Handgun Control (the Brady Center), Center to Prevent Center), Center to Prevent Handgun Violence is in favor of Handgun Violence is in favor of more federal regulationsmore federal regulations

•NRA states that 2NRA states that 2ndnd Amendment of U.S. Amendment of U.S. Constitution guarantees Constitution guarantees individuals the right to own individuals the right to own and carry gunsand carry guns

•They are concerned that They are concerned that federal regulations will federal regulations will continue to increase until continue to increase until owning a handgun will be owning a handgun will be difficult to achieve, infringing difficult to achieve, infringing on their Constitutional rightson their Constitutional rights

•NRA states that if law abiding NRA states that if law abiding citizens have guns, they are citizens have guns, they are safer from criminals, bringing safer from criminals, bringing crime rates downcrime rates down

•Brady Center: states that 2Brady Center: states that 2ndnd Amendment of Constitution Amendment of Constitution does not guarantee individuals does not guarantee individuals the right to own and carry the right to own and carry guns. They state that when guns. They state that when more people have guns, deaths more people have guns, deaths and injuries from guns increaseand injuries from guns increase

22ndnd Amendment Amendment

•““A well regulated militia, A well regulated militia, being necessary to the being necessary to the security of a free state, the security of a free state, the right of the people to keep right of the people to keep and bear arms, shall not be and bear arms, shall not be infringed.”infringed.”

•Both sides agree that the Both sides agree that the final authority is the U.S. final authority is the U.S. Supreme CourtSupreme Court

•NRA said that individuals not NRA said that individuals not in the military have the right in the military have the right to bear arms, as long as they to bear arms, as long as they do so for a military purposedo so for a military purpose

Do more guns mean more Do more guns mean more deaths and injuries?deaths and injuries?

•Brady Center: when civilian Brady Center: when civilian population has more access population has more access to guns, more teens and to guns, more teens and children die from gun woundschildren die from gun wounds

•Brady Center promotes gun Brady Center promotes gun safety- requiring childproof safety- requiring childproof locks on gun triggerslocks on gun triggers

•Smith and Wesson is starting Smith and Wesson is starting to make gun with safety to make gun with safety featuresfeatures

•NRA believes that each piece of NRA believes that each piece of federal regulation will lead to federal regulation will lead to more until finally, gun more until finally, gun ownership will be very ownership will be very restrictedrestricted

•NRA feels that gun ownership NRA feels that gun ownership results in protected from crimeresults in protected from crime

•NRA is strongly against Smith NRA is strongly against Smith and Wesson adding safety and Wesson adding safety features to gunsfeatures to guns

•If gun manufacturers build guns If gun manufacturers build guns with safety features, then the with safety features, then the federal government is going to federal government is going to start requiring those safety start requiring those safety featuresfeatures

•Information gathered from Information gathered from federal agencies: deaths federal agencies: deaths from gun wounds have been from gun wounds have been declining in recent yearsdeclining in recent years

•Is the decline in deaths Is the decline in deaths caused by enforcement of the caused by enforcement of the “Brady Bill” allowing fewer “Brady Bill” allowing fewer dangerous people to have dangerous people to have guns?guns?

•Is it from having more people Is it from having more people in prisons?in prisons?

•We do not know why deaths We do not know why deaths from guns are declining.from guns are declining.

•22ndnd Amendment- it was not Amendment- it was not written to provide a right to written to provide a right to have a gun for personal use, have a gun for personal use, but instead for national but instead for national defense (according to U.S. defense (according to U.S. Supreme Court)Supreme Court)

•NRA states that restricting NRA states that restricting access to guns causes more access to guns causes more crime, because then only crime, because then only criminals will have guns. This criminals will have guns. This is not supported by evidence.is not supported by evidence.

•In countries where guns are In countries where guns are greatly restricted, such as greatly restricted, such as Great Britain or Japan, deaths Great Britain or Japan, deaths from guns are very rare, from guns are very rare, especially compared to the especially compared to the United States. USA is world United States. USA is world leader in the rate of homicides leader in the rate of homicides from guns.from guns.

•Gallop Poll: majority of Gallop Poll: majority of Americans have favorable Americans have favorable opinion of the NRA, but the opinion of the NRA, but the majority’s positions on gun majority’s positions on gun control do not match the control do not match the NRA’s positions.NRA’s positions.

•Majority of Americans want Majority of Americans want guns to be made safer, such as guns to be made safer, such as having child proof trigger locks. having child proof trigger locks. We want our government to We want our government to take reasonable steps to keep take reasonable steps to keep dangerous persons away from dangerous persons away from guns.guns.

News in Gun ControlNews in Gun Control

•4-26-05: Florida passes a 4-26-05: Florida passes a “Shoot First” Law- people who “Shoot First” Law- people who are under attack do not have are under attack do not have to retreat before responding- to retreat before responding- they have the right to meet they have the right to meet force with force, including force with force, including deadly forcedeadly force

•7-30-05 Senate votes to shield 7-30-05 Senate votes to shield gun manufacturers from lawsuitsgun manufacturers from lawsuits

•Shields firearms manufacturers, Shields firearms manufacturers, dealers, and importers from dealers, and importers from lawsuits brought by victims of lawsuits brought by victims of gun crimesgun crimes

•Democrats: new requirement Democrats: new requirement that each handgun be sold with that each handgun be sold with a separate child safety or locking a separate child safety or locking device, unless purchased by device, unless purchased by govt officials or police officers. govt officials or police officers. Any violation could be punished Any violation could be punished by suspension of dealer’s by suspension of dealer’s license, $10,000 fine, or bothlicense, $10,000 fine, or both

9-13-04 Loss of Weapons 9-13-04 Loss of Weapons BanBan•Bush did not push for the Bush did not push for the

renewal of a 10 year ban on renewal of a 10 year ban on private use of assault weapons.private use of assault weapons.

•Covered 19 different types of Covered 19 different types of military assault weapons, military assault weapons, including AK47, Kalashnikov and including AK47, Kalashnikov and Uzi rifles, high-capacity Uzi rifles, high-capacity ammunition holding more than ammunition holding more than 10 rounds10 rounds

•““A sweeping federal review of A sweeping federal review of the nation’s gun control laws- the nation’s gun control laws- including mandatory waiting including mandatory waiting periods and bans on certain periods and bans on certain weapons- found no proof such weapons- found no proof such measures reduce firearms measures reduce firearms violence.”violence.”

Washington D.C.

• Federal Judge Upholds D.C. Gun Control Laws• By Kamika Dunlap on March 30, 2010 11:45 AM

• The gun control laws in Washington D.C. are among the nation's most strict and were upheld by a federal judge as constitutional.

• The ruling was in line with the landmark U.S. Supreme Court's June 2008 decision striking down D.C.'s old handgun ban and rejected assertions that the city's current gun laws are too restrictive, the Washington Post reports.

• Gun control laws in Washington D.C. require gun owners to go through a step-by-step process including five hours of safety training and undergo criminal background checks every six years.

• Also under the law, a pistol not capable of holding more than ten rounds may be stored in the home, unloaded and either disassembled or with a trigger lock.

• Dick Heller challenged the regulations and sued to the city for violating his individual right to keep a gun in his home.

• U.S. District Judge Ricardo M. Urbina however ruled that although the gun laws may be restrictive they do not go far enough to impinge on individual's Second Amendment right to bear arms.

• As previously discussed, because D.C. is not part of a state, however, this, like the 2008 ruling, is confined to the line between individuals' Second Amendment rights and federal law, and does not directly address the line between Second Amendment rights and state laws.

• In the 30-page opinion, Urbina said the registration requirements are designed to promote public safety.

• Gun-control groups say the ruling reflects the right balance between rights of residents and the need to promote public safety.

• Washington D.C.'s handgun registration process requires owners to submit fingerprints and allow police to perform ballistics tests.

Chicago• High Court Hears Challenge to Chicago Handgun

Law• By Kamika Dunlap on March 2, 2010 12:45 PM |• Chicago's long-standing handgun ban is under review by

the U.S. Supreme Court.• The high court will decide whether the Chicago handgun

ban should be invalidated under the Second Amendment in the McDonald v. Chicago case.

• The showdown could be a repeat of when the US Supreme Court struck down the District of Columbia's handgun ban, according to the Christian Science Monitor.

• In the D.C. case, the Supreme Court recognized, for the first time, the Second Amendment right to bear arms as applying to individuals, rather than to militia groups (as some argue the text of the Second Amendment suggests).

•Because D.C. is not part of a state, however, that ruling was confined to the protection of individual's Second Amendment rights from encroachment by federal law. It was left undecided whether similar legal logic would apply to the power of states and local governments to regulate guns.

• In the Chicago case, the justices will look at whether the Second Amendment applies to state and local governments, or whether it remains one of the few areas in the Bill of Rights that binds only the national government.

• A decision by the Supreme Court on whether to strike down the Chicago handgun ban may establish basic ground rules for future gun control efforts in states and cities across the U.S.

• Gun-control groups argue that lifting the gun ban will increase gun violence in the Chicago area.

• But gun-rights supporters say they have the "right to bear arms" and protect themselves. They also point out that the illegal gun trade has flourished despite the ban.

• As previously discussed, state gun laws have sparked a renewed debate around the Second Amendment.

• If Chicago law is overturned, it will probably lead to more litigation around gun regulation as was the case in Washington D.C. A law was passed requiring gun owners to go through a step-by-step process including five hours of safety training and undergo criminal background checks every six years.

• Whatever the decision from this landmark case, many legal experts say Chicago is fighting an uphill battle over its gun laws.

•2000: firearms injuries lead 2000: firearms injuries lead to 28,663 deaths ( 2to 28,663 deaths ( 2ndnd highest highest injury deaths)injury deaths)

•58% of those deaths were 58% of those deaths were suicidessuicides

•Gun accidents: 775 deathsGun accidents: 775 deaths

•Gunshot wounds cost Gunshot wounds cost Americans $2.3 billion each Americans $2.3 billion each year to treat- taxpayers are year to treat- taxpayers are footing about half the billfooting about half the bill

•40% of homes with children 40% of homes with children have a gun in the home.have a gun in the home.

•One report stated that more One report stated that more than 20,000 children and than 20,000 children and youth under age 20 are killed youth under age 20 are killed or injured by firearms in the or injured by firearms in the United States- more than 3000 United States- more than 3000 killed and more than 18,000 killed and more than 18,000 injuredinjured

•California data:California data:

•1% of adults in state 1% of adults in state purchased handgun in yearpurchased handgun in year

•More than 92% of purchasers More than 92% of purchasers were malewere male

•Highest per capita gun sales occurred Highest per capita gun sales occurred in rural areasin rural areas

•1% denied because of background 1% denied because of background checkschecks

•70% of handguns sold in California 70% of handguns sold in California were semiautomatic pistols carrying 6-were semiautomatic pistols carrying 6-10 rounds or more10 rounds or more

•5% of gun dealers accounted for more 5% of gun dealers accounted for more than 57% of guns soldthan 57% of guns sold

Brady Handgun Violence Brady Handgun Violence Prevention Act (Brady Act)Prevention Act (Brady Act)

•Requires Federal Firearms Requires Federal Firearms Licensees to request Licensees to request background checks on background checks on individuals attempting to individuals attempting to receive a firearmreceive a firearm

•Waiting periodWaiting period

Facts (93-94)

•49% of households have a gun•31% of adults own a gun•Total number: 47,600,000

households have a gun•59,100,000 minimum adults

own a gun

•Washington D.C. enacted a virtual ban on handguns in 1976

•Between 1976 and 1991, D.C.’s homicide rate rose 200%, while the U.S. rate rose 12%

•About 6000 children were caught with guns at school between 1997 and 1998- out of these- 13 were prosecuted by the Clinton administration

•Fatal accidents- •43,900 deaths from motor

vehicles (95)•12,600 from falls•4,500 drownings•2,800 from choking•1,400 from firearms

•1988 NRA developed a gun safety program for children (pre-K to 6th grade)

•10 million children

•“Stop! Don’t Touch. Leave the Area. Tell an Adult.”

More FactsMore Facts

•16,272 murders committed in 16,272 murders committed in 2008 (10,886 or 67% were 2008 (10,886 or 67% were committed with firearms)committed with firearms)

•1993 nationwide survey of 1993 nationwide survey of 4,977 households found that 4,977 households found that over previous 5 years, at over previous 5 years, at least .5% of least .5% of

•Households had members who Households had members who had used a gun for defense had used a gun for defense during a situation in which during a situation in which they thought someone “almost they thought someone “almost certainly would have been certainly would have been killed” if they “had not used a killed” if they “had not used a gun for protection”gun for protection”

•5,340,000 violent crimes were 5,340,000 violent crimes were committed in U.S. during 2008committed in U.S. during 2008

•Simple/agg assaults, robberies, Simple/agg assaults, robberies, sexual assaults, rapes, sexual assaults, rapes, murders, 8% were committed murders, 8% were committed by offenders visibly armed with by offenders visibly armed with a guna gun

•Less than 1% of all homicides Less than 1% of all homicides among school aged children among school aged children occur in or around school occur in or around school grounds or on the way to and grounds or on the way to and or from schoolor from school

•36% to 50% of male 1136% to 50% of male 11thth graders believe that they could graders believe that they could easily get a guneasily get a gun

•National School Boards National School Boards Association estimates more Association estimates more than 135,000 guns are brought than 135,000 guns are brought into schools each dayinto schools each day

•Every year 3,012 children and Every year 3,012 children and teens are killed by gunfire in teens are killed by gunfire in the U.S. (2002) That is one the U.S. (2002) That is one child every three hours. 8 child every three hours. 8 children every day. children every day.

•American children are more at American children are more at risk from firearms than the risk from firearms than the children of any other children of any other industrialized nation. In one year, industrialized nation. In one year, firearms killed no children in firearms killed no children in Japan, 19 in Great Britain, 57 in Japan, 19 in Great Britain, 57 in Germany, 109 in France, 153 in Germany, 109 in France, 153 in Canada, and 5,285 in U.S.Canada, and 5,285 in U.S.

•Over 9,976 convicted felons Over 9,976 convicted felons and other illegal buyers in 46 and other illegal buyers in 46 states obtained guns because states obtained guns because of inadequate recordsof inadequate records

Democrats vs RepublicansDemocrats vs Republicans

•Typically: Democrats support gun Typically: Democrats support gun control proposalscontrol proposals

•Republicans support gun rights Republicans support gun rights but have sometimes been divided but have sometimes been divided on the issue (Bush had supported on the issue (Bush had supported a trigger lock requirement, raising a trigger lock requirement, raising the age limit, and requiring a the age limit, and requiring a background check at gun shows)background check at gun shows)

•1% of gun stores sell the 1% of gun stores sell the weapons traced to 57% of gun weapons traced to 57% of gun crimes. crimes.

•They are problem gun dealers They are problem gun dealers that “supply the suppliers” who that “supply the suppliers” who funnel guns to the nation’s funnel guns to the nation’s criminalscriminals