Few topics today are more passionately debated than the right of U.S. private citizens to own firearms, the types of firearms they can possess and how and where they can be carried and used (concealed carry vs. open carry).
The first piece of legislation concerning firearms ownership by U.S. citizens was the Second Amendment to the Constitution introduced by James Madison in 1791 and ratified by Congress shortly thereafter. A lot has taken place since then, and gun control continues to be the subject of much controversy. Here’s a summary of some significant pieces of gun control legislation from laws enacted in 1934 to legislation that’s pending today, along with several myths associated with firearms and gun ownership.
Gun Legislation History: 1934-1994
Two important pieces of legislation enacted more than 80 years ago, the National Firearms Act of 1934 and the Federal Firearms Act of 1938, continue to serve as the basis for modern-day gun laws.
National Firearms Act of 1934 (NFA)
Prompted by widespread gangland violence during Prohibition, the first federal legislation intended to control the proliferation and use of firearms was 1934’s National Firearms Act (NFA). The NFA was concerned with only two types of guns, which were machine guns and short-barreled weapons, including sawed-off shotguns. The legislation made no attempt to prohibit these guns, but simply to impose taxes on their transfers.
Intent
- Curtail the use of firearms among criminals
- Decrease gun-related violent crime
- Reduce the number of accidental shootings and suicides
Highlights
- Imposed $200 excise tax on manufacturing and transferring certain firearms, including machine guns and short-barreled rifles and shotguns
- Required all sales and transfers to be recorded in a national registry
- Act excluded handguns
Status:
Bill enacted by Congress and signed into law by President Franklin D. Roosevelt June 1934.
Federal Firearms Act of 1938 (FFA)
Intended to impose additional limitations on firearms manufacturers, importers and sellers, 1938’s Federal Firearms Act (FFA) required these parties to hold federal firearms licenses (FFL) to legally conduct their businesses. The law also made it illegal to sell or transfer firearms to convicted felons and certain other persons. The FFA was originally enforced by the federal government’s Alcohol Tax Unit, a forerunner of today’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Intent
- To further restrict the manufacturing and distribution of firearms
- Supplement recordkeeping requirements for firearm sales and transfers
- Restrict certain persons from possessing firearms
Highlights
- Required firearms manufacturers, importers and sellers to be licensed
- Required licensees to record names and addresses of all customers purchasing firearms
- Required all sales and transfers to be recorded in a national firearms registry
- Prohibited convicted felons from owning or possessing firearms
Status
Signed into law by President Franklin D. Roosevelt in June 1938. The FFA was repealed by the Gun Control Act of 1968, although many of its provisions were reenacted in subsequent legislation.
The Interim Years: 1968-1994
It took another 30 years following enactment of the FFA before further legislation of any significance to control or limit gun ownership was introduced. The three most important pieces of legislation were the Gun Control Act of 1968, the Brady Act and 1994’s Federal Assault Weapons Ban.
Gun Control Act of 1968
1963’s Senate Bill 1975 regulating interstate shipment of firearms and 1965’s Senate Bill1592, which was intended to amend the 1938 Federal Firearms Act laid the groundwork for the Gun Control Act of 1968. The 1963 assassination of President John F. Kennedy with a mail order rifle and the 1968 killings of Dr. Martin Luther King, Jr. and Senator Robert F. Kennedy paved the way for passage of the Gun Control Act of 1968.
Intent
- Expand provisions of the NFA
- Repeal the FFA
- Expand firearms dealer licensing and record keeping requirements
- Place additional restrictions on handgun sales
- Further limit persons eligible to possess firearms
Highlights
- Prohibited importation of non-sporting firearms
- Expanded list of people ineligible to possess firearms to include persons who are mentally ill, have been convicted of a non-business felony or are illegal drug users
- Established minimum age for purchasing firearms
- Required all domestic and imported firearms to bear serial numbers
- Prohibited interstate sales and transfers of firearms except between licensed manufacturers, importers and dealers
Status
Signed into law by President Lyndon B. Johnson October 22, 1968.
The Brady Act
The Brady Handgun Violence Protection Act was named for James Brady, President Ronald Reagan’s Press Secretary who was seriously wounded during the attempted assassination of President Reagan in 1981. The Bill requires in part that individuals undergo background checks before purchasing a firearm from a licensed dealer, importer or manufacturer. The Brady Act also expanded the list of people prohibited from transporting, receiving or possessing firearms to include illegal immigrants, persons convicted of crimes of domestic violence and controlled substance abusers and addicts.
Intent
- Supplement certain provisions of the NFA and 1968 Gun Control Act
- Make it more difficult to obtain handguns
- Facilitate enforcement of existing handgun regulations
Highlights
- Established a 5-day waiting period to complete a firearm sale
- Required background check during the waiting period
- Placed restrictions on interstate and international transportation or sale of firearms
- Expanded categories of persons prohibited from possessing firearms
Status
The original 1987 Act was defeated due largely to the efforts of the NRA. President Bill Clinton signed the revised Brady Act November 30, 1993, which became effective February 28, 1994.
1994 Federal Assault Weapons Ban
Also called the Public Safety and Recreational Firearms Act, the Federal Assault Weapons Ban (AWB) is a subsection of 1994’s Violent Crime Control Act. Enacted following a series of tragic mass shootings involving the use of fully and semi-automatic weapons, the AWB imposed a 10-year prohibition on certain types of firearms and high capacity ammunition magazines. Because of the legislation’s “grandfather clause,” the ban applied only to firearms and magazines manufactured after the date of its enactment.
Intent
- Reduce gun-related violent crime
- Limit the availability of certain semi-automatic firearms and high capacity magazines
- Define what constitutes an “assault weapon”
Highlights
- Imposed a 10-year ban on manufacturing, transferring or possessing 19 types of semi-automatic weapons
- Banned detachable ammunition magazines capable of holding more than 10 rounds
- Exempted firearms and magazines manufactured prior to enactment of the ban
- Included a “sunset clause” that allowed the ban to expire 10 years from its enactment
Status
Congress narrowly approved the ban by a 52-48 vote on September 13, 1994, and it was signed into law by President Bill Clinton that same day. Congress failed to renew the ban after it expired in September 2004 under the bill’s sunset clause.
Potential Gun Legislation: 2017 and Beyond
There are several pieces of legislation pending today that could affect private citizens’ right to own or carry firearms. Below are summaries of the more important Acts now being considered by Congress.
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Fix NICS Act of 2017
Introduced shortly after the November 2017 Sutherland Springs, Texas, church shootings, this bipartisan act requires state and federal agencies to comply with existing National Instant Criminal Background Check System (NICS) regulations. The Act also requires state and federal agencies to develop their own plans for gathering, verifying and uploading background information on purchasers. Federal and state agencies failing to report information that would prohibit a person from buying or possessing a firearm, such as a history of domestic violence or other criminal activity, would be held accountable. States complying with their NICS plans would be rewarded for their efforts through incentives that include federal grant preferences.
Intent
- Prevent convicted criminals, domestic abusers, drug abusers and mentally ill persons from obtaining firearms
- Strengthen the background check system
Highlights
- Impose penalties on federal agencies failing to report relevant background information
- Provide incentives to states to expand reporting to National Instant Criminal Background Check System (NICS)
- Provide more federal funds to ensure thorough and accurate reporting of domestic violence incidents
Status
Introduced as H.R. 4477 by its sponsors in November 2017. The Bill must be passed by both the House and Senate before being sent to the president for signature. Passage and enactment is expected.
Proposed Ban on Bump Stocks
Congress’s failure to enact legislation prohibiting bump stocks following their use in the October 2017 Las Vegas massacre that left 58 dead and injured hundreds more has prompted states and municipalities to take it upon themselves to impose bans. Already illegal in California, some other states with existing bump stock restrictions on the books are moving to strengthen them, and at least 15 states are now working to ban them altogether. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has stated it can’t regulate bump stocks without Congress having first changed the law. Although both Congress and the NRA agree that bump stocks need regulating, Senate and House bills introduced to ban the devices have been stalled and are being opposed by the NRA.
Intent
- Prohibit or restrict the sale, manufacture or possession of all devices allowing a semi-automatic firearm to operate in a full automatic mode
Highlights of Various Bills
- A bipartisan House bill wouldn’t ban, but would require bump stock owners and purchasers to register with the Bureau of Alcohol, Tobacco and Explosives (ATF), submit to background checks and fingerprinting, and pay a $200 registration fee
- The NRA has voiced support for banning bump stocks, but hasn’t officially endorsed any pending legislation
Status
Various pieces of bipartisan House and Senate legislation appear to be stalled, although the Justice Department announced it is reviewing whether bump stocks should be treated as illegal machine guns under federal law. The ATF is also reviewing bump stocks and may end up banning them.
733 – Sportsmen’s Act and H.R. 3668 Share Act
Senate Bill 733 and House Resolution 3668 are both pieces of bipartisan legislation intended to enhance and preserve opportunities for hunting, fishing and other outdoor recreational activities on public lands. Known as the Sportsmen’s Act, S.B. 733 contains an “open unless closed” provision that allows outdoorsmen and women greater access to BLM and U.S. Forest Service lands. H.R. 3668 (also known as the Sportsmen’s Heritage and Recreational Enhancement Act, or “SHARE”) expands access to public lands for outdoor activities, along with augmenting fish and wildlife conservation efforts.
Intent
- To protect and preserve public land for use by sportsmen
- Enhance recreational opportunities for hunting, shooting, fishing and other outdoor activities
Highlights
- R. 3668 clarifies and strengthens the Firearm Owner’s Protection Act of 1986
- R. 3668 ensures firearms and ammunition used for lawful purposes are given proper consideration when interpreting firearms legislation
- 733 requires federal agencies to simplify expanding and enhancing opportunities that allow hunting, fishing and recreational shooting on federal land
- R. 3668 protects Second Amendment rights and safeguards against new legislation that would hinder outdoor recreational shooting and hunting
Status
Neither piece of legislation is expected to be enacted as written.
H.R. 38 – Concealed Carry Reciprocity Act of 2017
H.R. 38 is the first piece of firearm-related legislation to be passed by either body of Congress following the Las Vegas and Sutherland Springs, Texas, massacres. If ratified by the Senate, H.R. 38, which is also known as the Concealed Carry Reciprocity Act of 2017, will allow persons licensed to carry a concealed weapon in one state to legally carry their firearm in any other state. The Act would also allow anyone with a concealed carry permit to do so on federal land, including national parks and national monuments.
Intent
- Amend the federal Criminal Code to allow qualified individuals to carry a concealed handgun into other states that allow individuals to carry concealed firearms
- Allow individuals licensed to carry concealed handguns between states without violating state codes or being subjected to civil lawsuits
Highlights
- States that persons who legally carry or possess concealed handguns in another state are immune to federal prosecution for possessing a firearm in a school zone
- Individuals qualified to carry a concealed handgun can bring them on to federally-owned lands open to the public
Status
H.R. 38 was passed by the House in December 2017. Goes to the Senate in the Spring of 2018. Senate passage requires 60 votes. The outcome is too early to predict.
H.R. 4268 – Gun Safety: Not Sorry Act of 2017
Backed by House Democrats, Rep. Sheila Jackson (D –TX) introduced H.R. 4268 in November 2017 shortly after the First Baptist Church shooting in Sutherland Springs, Texas that claimed more than 20 lives. H.R. 4268 would impose a waiting period of 7 days after purchase before a buyer can take possession of certain semi-automatic firearms, sound suppressors,armor piercing ammunition and high capacity magazines. Also known as the Gun Safety: Not Sorry Act, it’s somewhat similar to the five-day waiting period for purchasing a handgun required under the 1993 Brady Act, which was replaced in 1998 with instantaneous computerized background checks. Nine states and the District of Columbia already have some form of mandatory waiting periods, ranging from a 24-hour delay when buying a rifle or shotgun in Illinois to a 14-day wait for all types of firearms purchased in Hawaii.
Intent
- Reduce gun violence by placing additional restrictions on certain firearms, ammunition and firearm attachments
- Amend Title 18, USC to require a 7-day waiting period before transferring certain firearms, suppressors, ammunition andmagazines
Highlights
Requires a 7-day waiting period before selling or transferring:
- Semi-automatic firearms (9 states plus the District of Columbia already have statutory waiting periods)
- Silencers and suppressors (silencers are already subject to months-long waiting periods under existing federal law)
- Armor piercing ammunition
- Ammunition magazines that hold more than 10 rounds
Status
Referred to House Subcommittee on Crime, Terrorism, Homeland Security and Investigations November 7, 2017. Bill is highly unlikely to pass in its present form.
H.R. 3613 – Safer Neighborhoods Gun Buyback Act of 2017
Introduced July 28, 2017 by Rep. Donald Payne (Dem – NJ) with 16 Democrat co-sponsors, the bill gives the Bureau of Justice Assistance (BJA), a division of the U.S. Department of Justice, the authority to grant funds to state and local governments and gun dealers to conduct gun buyback programs. Individuals voluntarily turning in guns will be compensated with Visa, MasterCard or similar prepaid gift cards. The bill also amends the federal criminal code by making it a crime to use or accept a prepaid card to acquire or transfer a firearm or ammunition, subjecting violators to a fine, two years in prison or both.
Intent
- Reduce gun violence by taking guns off the streets
- Provide federal funds to buy back firearms at the local level
Highlights
- Authorizes DOJ’s Bureau of Justice Assistance to distribute prepaid smart cards for state and local governments and gun dealers to use for gun buyback campaigns
- Makes it a crime punishable by paying a fine, serving prison time or both to accept or use a prepaid smart card to acquire or transfer firearms or ammunition
- Prohibits governmental agencies and gun dealers from reselling firearms or ammunition acquired under a buyback program
Status
Sent to Crime, Terrorism, Homeland Security and Investigations Subcommittee September 6, 2017. Very little chance of the Bill’s passage as written.
H.R. 367 – Hearing Protection Act of 2017
Many hunters, target shooters and other gun owners suffer severe hearing damage after years of participation in shooting activities. Introduced in January 2017 by Rep. Jeff Duncan (R-SC), H.R. 367 offers increased protection against hearing loss by removing suppressors from National Firearms Act regulations, making it easier to buy them in the 42 states where they’re already legal. Persons who fail a background check would be denied the right to purchase the devices. The proposed legislation would also reduce the cost of suppressors since the current $200 transfer tax would be eliminated. Sometimes mistakenly referred to as “silencers,” suppressors don’t actually silence the sound of gunfire, but rather reduce the noise produced by a gunshot to a safer level. The Hearing Protection Act is endorsed by the National Rifle Association.
Intent
- Eliminate the $200 transfer tax on silencers
- Anyone who acquires or possesses a silencer meets the registration and licensing requirements of the National Firearms Act
- Anyone who pays the transfer tax after October 22, 2015 may receive a refund on transfer tax
Status
13% chance of being enacted according to Skopos Labs.
Some Common Myths Surrounding Gun Control
There are numerous falsehoods circulating that involve guns, gun control, and gun violence. Here’s the truth behind some of the more common myths:
Myth:
AR stands for “assault rifle” or “automatic rifle.”
Fact:
AR stands for ArmaLite Rifle. ArmaLite is the company that developed the original AR-15.
Myth:
Legislation needs to be passed to restrict people with mental illnesses and convicted criminals from purchasing firearms.
Fact:
Laws already exist that bar certain people from purchasing firearms, including convicted felons and persons with certain mental disabilities.
Myth:
Gun shows result in large numbers of firearms being acquired by criminals.
Fact:
Gun show firearms dealers are required to run background checks on all purchasers. DOJ studies indicate that less than 2% of guns used to commit crimes are bought at gun shows, most of which were legally purchased by people who passed background checks.
Myth:
Persons using guns in self-defense situations are more likely to be killed or injured.
Fact:
Using a firearm to defend against a violent assault makes survival much more likely.
Final Thoughts
Used for hunting, target and recreational shooting and home, business and personal defense, firearms have been a part of the American way of life since colonial days. Recognizing the importance of gun ownership in a free society, the founding fathers enacted the Second Amendment to ensure ongoing ownership of firearms by private citizens. Ongoing debate as to the extent and type of firearms that can be owned by the public and where and how they can be carried or used will undoubtedly continue to be subjects open to debate for many years to come.
Frequently Asked Questions:
- What is HR 127?
- HR 127, proposed in the House on January 4th, 2021, creates a standard process for a public gun registration and banning of specific ammunition and magazines.
- In which states is it illegal to concealed carry with a permit from another state?
- California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Jersey, New York, Oregon, Rhode Island
- Which states allow open carry of firearms?
- Generally, most states allow for a type of open carry (on person or in vehicle), but it all depends on the type of firearm (handgun or long gun) and whether a permit is required.
- What is “red flag” legislation?
- Allows law enforcement or family to get the state court system to temporarily remove firearms from someone who shows/displays dangerous behavior.
- What does permitless carry mean?
- Otherwise known as constitutional carry, permitless means concealed or open carry without a license.