Chad Lawhorn | June 06, 2022 (Updated July 07, 2024)
Federal Gun Control: Policy and Legislative Recommendations
Gun violence remains a critical public safety issue in the United States. Despite numerous legislative efforts, the proliferation of firearms, including assault weapons, and inadequacies in background checks and other federal firearm laws continue to result in high rates of gun-related deaths and injuries. This policy memo advocates for a comprehensive federal approach to gun control, emphasizing the need for an assault weapons ban, enhanced background checks, and other reforms to existing federal firearm laws. By examining past legislative successes and failures, this memo provides policy and political recommendations to strengthen gun control at the federal level.
Assault Weapons Ban
Assault-style weapons, characterized by their quick semi-automatic capability and high-capacity magazines, are often used in mass shootings, resulting in significant casualties. The availability of these weapons poses a substantial risk to public safety.
The Public Safety and Recreational Firearms Use Protection Act of 1994 successfully banned the manufacture and sale of certain semi-automatic firearms for ten years, leading to a significant reduction in gun-related violence involving assault weapons. However, the ban expired in 2004, and subsequent attempts to reinstate it have faced considerable opposition.
It is time to reinstate the federal assault weapons ban as proposed in the Assault Weapons Ban of 2023. Legislation of this kind should include a ban on high-capacity magazines, which enable shooters to fire numerous rounds without reloading, and restrictions at the federal level on the manufacturing of these battlefield-style weapons. This measure is crucial for reducing the lethality of mass shootings and improving overall public safety.
Strengthening Background Checks
Current federal background check laws have significant loopholes, allowing individuals who are prohibited from owning firearms to acquire them through private sales and gun shows without undergoing background checks.
The Bipartisan Background Checks Act of 2023 aims to close these loopholes by requiring background checks for all firearm sales, including those conducted privately and at gun shows. Despite broad public support, comprehensive background check legislation has struggled to gain traction in Congress.
We could move closer to addressing these loopholes by passing legislation like H.R.715 to mandate universal background checks for all firearm sales. Strengthening background checks is essential for preventing firearms from falling into the hands of individuals with a history of violence, mental illness, or other disqualifying factors. Enhanced background checks can significantly reduce gun violence and save lives.
Dangerous Modifications and Accessories
Various gaps and inconsistencies in federal firearm laws allow dangerous modifications and accessories, such as bump stocks, to be legally obtained, increasing the potential for misuse and mass casualties.
The Closing the Bump Stock Loophole Act of 2023 addresses the legality of bump stocks, devices that enable semi-automatic rifles to mimic automatic fire. The use of bump stocks in the 2017 Las Vegas shooting, which resulted in 58 deaths and over 800 injuries, highlighted the urgent need for reform. The Trump administration’s efforts to ban bump stocks were recently overturned by the court, leading to a significant setback in strengthening federal firearm laws and even bringing into question the power of the federal government to address these public safety issues. The courts may continue to be an obstacle to strengthening federal firearm laws.
Banning bump stocks and other devices that enhance the firing capabilities of semi-automatic firearms is a critical step in a safer society. Introducing legislation to regulate other dangerous firearm modifications and accessories will ensure that existing federal laws evolve to address the threats to public safety posed by emerging firearm technologies.
Federal-Level Advocacy and Implementation
Gun rights advocates often cite continued gun violence in cities and states that have worked on strengthening firearm laws as evidence of gun control ineffectiveness. However, state-level gun control measures vary widely, creating a patchwork of regulations that can be circumvented by individuals traveling between states with differing laws.
Organizations like Everytown for Gun Safety have highlighted the successes of states with strong gun laws in reducing gun violence. However, without a cohesive federal strategy, state-level measures remain insufficient.
It is important to continue advocating for a comprehensive federal gun control framework that strengthens and sets minimum standards for firearm regulations across all states. Encourage collaboration between federal and state governments to implement and enforce these standards effectively. A unified approach to common sense firearm control is critical to all these goals.
Requiring Insurance for Firearm Purchases
The financial burden of gun violence on healthcare, law enforcement, and community resources is immense. However, gun owners are not held financially accountable for the potential risks associated with firearm ownership.
Requiring insurance for firearm purchases can serve as a preventive measure by ensuring that gun owners are financially responsible for the potential misuse or accidental discharge of their weapons. Insurance mandates in other areas, such as automotive insurance, have effectively promoted safer practices and covered the costs associated with accidents and liabilities.
Implement a federal requirement for firearm owners to obtain liability insurance as a condition for purchasing and owning firearms. This policy would incentivize safer gun storage and handling practices, as insurance companies could offer lower premiums for those who demonstrate responsible ownership. Additionally, it would provide financial compensation for victims of gun violence and help mitigate the societal costs associated with gun-related incidents. This measure would promote accountability and encourage a culture of responsibility among gun owners.
Political and Policy Recommendations
Build Bipartisan Support: Engage with lawmakers across the political spectrum to find common ground on gun control measures that prioritize public safety without infringing on Second Amendment rights. Highlighting the widespread public support for specific measures like background checks can help garner bipartisan backing.
Public Awareness Campaigns: Launch educational initiatives to inform the public about the benefits of proposed gun control measures. Utilize data and personal stories to illustrate the human impact of gun violence and the potential for positive change through legislation.
Leverage Grassroots Movements: Mobilize grassroots organizations and advocacy groups to pressure legislators to support gun control measures. Public demonstrations, petitions, and lobbying efforts can amplify the call for comprehensive reform.
Research and Data Collection: Invest in research to continually assess the effectiveness of gun control measures and identify areas for improvement. Comprehensive data collection on gun violence incidents can guide evidence-based policy decisions.
Final Thoughts
Addressing gun violence in the United States requires a multi-faceted approach that includes reinstating the assault weapons ban, strengthening background checks, and reforming federal firearm laws. By advocating for these measures at the federal level, we can create a safer environment and reduce the devastating impact of gun violence on our communities. The time to act is now, and with a coordinated effort, significant progress can be made toward a safer America.
Strengthening federal firearm laws must be coupled with comprehensive judicial reform to ensure that new regulations are effectively enforced and upheld. Judicial reform can enhance the prosecution and adjudication of gun-related offenses by ensuring that courts have the necessary resources and training to handle complex firearm cases. This includes improving the coordination between federal and state judicial systems and ensuring that sentencing guidelines for gun crimes are consistently applied across jurisdictions and demographics. Additionally, judicial reform should focus on closing loopholes in current laws that allow offenders to exploit lenient jurisdictions. By aligning federal firearm legislation with robust judicial reforms, we can create a more cohesive and effective system that not only deters illegal firearm activities but also ensures swift and fair justice for those who violate gun laws. This integrated approach is vital for the long-term success of gun control measures and the overall reduction of gun violence in the United States.
Sources:
Assault Weapons Ban of 2023, U.S. Congress, 2023.
Bipartisan Background Checks Act of 2023, U.S. Congress, 2023.
Closing the Bump Stock Loophole Act of 2023, U.S. Congress, 2023.
Congress passes a landmark gun control package, Vox, 2022.
Fact Sheet: The Biden Administration’s 21 Executive Actions to Reduce Gun Violence, The White House, 2022.
Federal Gun Control Laws Would Reduce Violence, U.S. Department of Justice, 1992.
Gun Safety Policies Save Lives, Everytown for Gun Safety, 2024.
Gun Violence Prevention and Community Safety Act of 2023, U.S. Congress, 2023.
Key Federal Regulation Acts, Giffords, n.d.
Public Safety and Recreational Firearms Use Protection Act, U.S. Congress, 1994.
Reducing Gun Violence, U.S. Department of Justice, 2024.
Rep. Titus Releases Statement Following Supreme Court Ruling on Bump Stocks, Office of Congresswoman Dina Titus, 2024.
States with Weaker Gun Laws Have Higher Rates of Firearm-Related Homicides and Suicides, Study Finds, CNN, 2022.
Supreme Court Strikes Down Trump-Era Federal Ban on Bump Stocks, NPR, 2024.
The Case for Mandatory Gun-Liability Insurance, The Washington Post, 2022.
The Economic Cost of Gun Violence, Everytown for Gun Safety, 2022.
U.S. Gun Policy: Framework and Major Issues, Congressional Research Service, 2022.
Warren, Johnson Reintroduce Comprehensive Legislation to Address Gun Violence in America, Office of Senator Elizabeth Warren, 2023.
What Will the First Federal Gun Reform Law in Three Decades Actually Do?, The Trace, 2022.
What You Need to Know About Congressional Gun Reform Negotiations Today, The Trace, 2022.