Gun ControlGun Control

The Second The Second AmendmentAmendment

"A well regulated Militia, being necessary to the "A well regulated Militia, being necessary to the security of a free State, the right of the security of a free State, the right of the people to keep and bear Arms, shall not be people to keep and bear Arms, shall not be infringed." infringed."

• Added to the Constitution in 1791Added to the Constitution in 1791

Gun RightsGun Rights

• The belief that any legislation to limit the use The belief that any legislation to limit the use and sale of firearms is an infringement on and sale of firearms is an infringement on Americans' constitutional rightsAmericans' constitutional rights

• Some groups advocating gun rights believe Some groups advocating gun rights believe that firearm-control measures are that firearm-control measures are unnecessary if lawmakers would enforce unnecessary if lawmakers would enforce current lawscurrent laws

Gun ControlGun Control

• The belief that the United States needs The belief that the United States needs stricter firearm laws, including tougher stricter firearm laws, including tougher background checksbackground checks

• Gun control advocates believe that tougher Gun control advocates believe that tougher firearm laws will curb the rise of gun-related firearm laws will curb the rise of gun-related violenceviolence

History of Gun History of Gun ControlControl

18711871National Rifle Association FoundedNational Rifle Association Founded

• Founded by Union soldiers Col. William C. Founded by Union soldiers Col. William C. Church and Gen. George WingateChurch and Gen. George Wingate

• Purpose: "promote and encourage rifle Purpose: "promote and encourage rifle shooting on a scientific basis" shooting on a scientific basis"

• Civil War General Ambrose Burnside Civil War General Ambrose Burnside • Former governor of Rhode Island and a U.S. Former governor of Rhode Island and a U.S.

SenatorSenator• Serves as the organization's first presidentServes as the organization's first president

19341934National Firearms ActNational Firearms Act

• Brought about by the lawlessness and rise of Brought about by the lawlessness and rise of gangster culture during prohibitiongangster culture during prohibition

• President Franklin D. Roosevelt hoped this act President Franklin D. Roosevelt hoped this act would eliminate automatic-fire weapons would eliminate automatic-fire weapons

• Also targeted:Also targeted:• Short-barreled shotguns and riflesShort-barreled shotguns and rifles• Parts of guns like silencersParts of guns like silencers• ““Gadget-type" firearms hidden in canes or pensGadget-type" firearms hidden in canes or pens

• A $200 fine for anyone caught selling or A $200 fine for anyone caught selling or manufacturing these manufacturing these • Equivalent to 5 months salaryEquivalent to 5 months salary• Equivalent to $12,525 todayEquivalent to $12,525 today

19381938Federal Firearms ActFederal Firearms Act

• Aimed at those involved in selling and Aimed at those involved in selling and shipping firearms through interstate or shipping firearms through interstate or foreign commerce foreign commerce

• Required to obtain a Federal Firearms Required to obtain a Federal Firearms License from the Secretary of Commerce License from the Secretary of Commerce • $1 annual fee $1 annual fee

• Required to record the names and Required to record the names and addresses of all of their buyersaddresses of all of their buyers

• Prohibited from selling to those people Prohibited from selling to those people who were convicted of certain crimeswho were convicted of certain crimes

19681968Gun Control ActGun Control Act

• John F. KennedyJohn F. Kennedy• Assassinated with a mail-order gun that belonged to Lee Assassinated with a mail-order gun that belonged to Lee

Harvey OswaldHarvey Oswald• Inspired this major revision to federal gun lawsInspired this major revision to federal gun laws• The assassinations of Martin Luther King and Robert Kennedy The assassinations of Martin Luther King and Robert Kennedy

sped it upsped it up

• License requirements were expanded License requirements were expanded

• More detailed record keeping was expected More detailed record keeping was expected

• Handgun sales over state lines were restrictedHandgun sales over state lines were restricted

• Added to the list of people who could not purchase a Added to the list of people who could not purchase a gungun• Anyone convicted of any felony (with some exceptions)Anyone convicted of any felony (with some exceptions)• Those found mentally incompetentThose found mentally incompetent• Those caught using or dealing drugs Those caught using or dealing drugs

• Outlawed mail order sales of rifles and shotgunsOutlawed mail order sales of rifles and shotguns

19721972Bureau of Alcohol Tobacco Bureau of Alcohol Tobacco and Firearms (ATF) createdand Firearms (ATF) created

• Responsible for the enforcement of the Gun Responsible for the enforcement of the Gun Control Act Control Act

• A branch of the Dept. of the TreasuryA branch of the Dept. of the Treasury

19861986Law Enforcement Officers Law Enforcement Officers

Protection ActProtection Act

• Made it illegal for anyone to manufacture or Made it illegal for anyone to manufacture or import armor piercing ammunitionimport armor piercing ammunition

• Imposed additional penalties for persons using a Imposed additional penalties for persons using a firearm during certain crimesfirearm during certain crimes

19901990Crime Control ActCrime Control Act

• Established "drug-free school zones“Established "drug-free school zones“

• Included criminal penalties for possessing or Included criminal penalties for possessing or discharging a firearm in a school zonedischarging a firearm in a school zone

19941994Brady Handgun Violence Brady Handgun Violence

Prevention ActPrevention Act

• Imposed a five-day waiting period and Imposed a five-day waiting period and background check before a licensed background check before a licensed gun importer, manufacturer or dealer gun importer, manufacturer or dealer can sell or deliver a handgun to an can sell or deliver a handgun to an unlicensed individualunlicensed individual

• Required a new National Instant Required a new National Instant Criminal Background Check SystemCriminal Background Check System• Run by the FBIRun by the FBI• Applies to all firearms Applies to all firearms • Allows checks to be done over the phone or Allows checks to be done over the phone or

electronically with results returned electronically with results returned immediately in most cases immediately in most cases

19941994 Violent Crime Control and Law Enforcement Act Violent Crime Control and Law Enforcement Act

• AKA: The "Assault Weapons Ban" or the Biden Crime Law AKA: The "Assault Weapons Ban" or the Biden Crime Law

• Banned the manufacture, possession, and importation of new Banned the manufacture, possession, and importation of new semiautomatic assault weapons semiautomatic assault weapons

• Also banned large-capacity magazines (over ten rounds) for Also banned large-capacity magazines (over ten rounds) for civilian usecivilian use

• Lists criteria for what constitutes an assault weapons as well as a Lists criteria for what constitutes an assault weapons as well as a list of 19 specific firearmslist of 19 specific firearms• Any semi-automatic rifle that is capable of accepting a detachable Any semi-automatic rifle that is capable of accepting a detachable

magazine, and which has two or more of the following features: magazine, and which has two or more of the following features: • A telescoping or folding stock, a pistol grip, a flash suppressor, a grenade A telescoping or folding stock, a pistol grip, a flash suppressor, a grenade

launcher, and a bayonet luglauncher, and a bayonet lug

• Prohibits juveniles from possessing or selling handguns Prohibits juveniles from possessing or selling handguns

• Took effect September 13, 1994Took effect September 13, 1994

• Expired automatically on September 13, 2004 Expired automatically on September 13, 2004

• The National Rifle Association and other organizations argued The National Rifle Association and other organizations argued that the ban was unconstitutional and violated the Second that the ban was unconstitutional and violated the Second AmendmentAmendment