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Gun Control Legislation Gun Control Legislation William J. Krouse Specialist in Domestic Security and Crime Policy May 27, 2009 Congressional Research Service 7-5700 www.crs.gov RL32842 CRS Report for Congress Prepared for Members and Committees of Congress Gun Control Legislation Summary Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. Past legislative proposals have raised the following questions: What restrictions on firearms are permissible under the Constitution? Does gun control help reduce violent crime? Would household, street corner, and schoolyard disputes be less lethal if firearms were more difficult to acquire? Or, would more restrictive gun control policies diminish an individual’s ability to defend himself. Speaking to these questions either in whole or part, on June 26, 2008, the Supreme Court issued its decision in District of Columbia v. Heller and found that the District of Columbia (DC) handgun ban violated an individual’s right under the Second Amendment to lawfully possess a firearm in his home for self defense. In the 110th Congress, pro gun Members of the House of Representatives, who were dissatisfied with the District’s response to the Heller decision, passed a bill that would have further overturned provisions of the District’s gun laws. In the 111th Congress, pro gun Members of the Senate amended the DC voting rights bill (S. 160) with language similar to the House bill (described above) and passed that bill on February 26, 2009. House leadership, meanwhile, has reportedly been negotiating to end the impasse over the District’s gun laws and bring its version of the DC voting rights bill (H.R. 157) to the floor. Also, in the 111th Congress, Senator Tom Coburn successfully amended the Credit CARD Act of 2009 (H.R. 627) with a provision that would allow people to carry firearms in national parks and wildlife refuges. The House voted on the Coburn amendment as a separate measure and passed it as well. President Barrack Obama signed H.R. 627 into law on May 22, 2009 (P.L. 111-24). Besides the DC handgun ban and firearms in national parks, other salient and recurring gun control issues for the 111th Congress could include (1) overturning restrictions on the release of firearm trace data and multiple sales reports, (2) further regulating private firearm transfers at gun shows, and (3) reinstating and possibly expanding the semiautomatic assault weapons ban. Although several dozen gun control-related proposals were introduced in recent Congresses, only a handful of those bills have received significant legislative action. This report provides an overview of firearms-related statistics and federal law. It also provides an overview on legislative action in the 109th and 110th Congresses, as well as other issues that have generated significant congressional interest in the recent past. This report will be updated to reflect legislative action in the 111th Congress. Congressional Research Service Gun Control Legislation Contents Legislative Developments ...........................................................................................................1 Background and Analysis............................................................................................................1 Pro/Con Debate.....................................................................................................................1 Gun-Related Statistics...........................................................................................................2 How Many Guns Are in the United States?......................................................................3 How Often Are Guns Used in Homicides?.......................................................................4 How Often Are Guns Used in Non-lethal Crimes?...........................................................4 How Prevalent Is Gun Violence Among Youth?...............................................................4 How Prevalent Are Gun-Related Fatalities?.....................................................................5 How Often Are Firearms Used in Self-Defense?..............................................................5 What About the Recreational Use of Guns?.....................................................................6 Federal Regulation of Firearms ...................................................................................................6 The National Firearms Act (NFA) .........................................................................................7 The Gun Control Act of 1968 (GCA) ....................................................................................7 Firearm Transfer and Possession Eligibility.....................................................................7 Licensed Dealers and Firearm Transfers..........................................................................8 Private Firearm Transfers ................................................................................................8 Brady Handgun Violence Prevention Act...............................................................................8 Interim Provisions...........................................................................................................9 Permanent Provisions......................................................................................................9 POC and Non-POC States...............................................................................................9 Brady Background Check Statistics...............................................................................10 System Delayed Transfers.............................................................................................10 Systems Availability......................................................................................................10 th th Legislative Action in the 110 and 111 Congresses.................................................................. 11 Constitutionality of DC Handgun Ban and Related Legislation............................................ 11 DC Council Passes Emergency Law..............................................................................12 Legislation Related to DC Gun Laws ............................................................................12 DC Council Passes Permanent Legislation ....................................................................13 th DC Voting Rights and Gun Laws in the 111 Congress..................................................14 DC Voting Rights Act of 2007.......................................................................................14 NICS Improvement Amendments Act of 2007.....................................................................14 Veterans, Mental Incompetency, and Firearms Eligibility.....................................................16 Mental Defective Adjudications ....................................................................................16 Veterans, Mental Incompetency, Firearms Eligibility.....................................................17 Public Housing and Firearms Possession and Use................................................................18 Public Lands and Firearms Possession and Use ...................................................................18 Law Enforcement Officers Safety Act of 2007.....................................................................19 Tiahrt Amendment and Firearm Trace Data Limitations.......................................................20 Firearms Enforcement-Related Funding Bills ......................................................................21 ATF Appropriations for FY2008 and FY2009 ...............................................................21 Merida Initiative and Southwest Border Gun Trafficking...............................................22 th Legislative Action in the 109 Congress....................................................................................22 Enacted Legislation and Related Amendments ....................................................................22 Protection of Lawful Commerce in Arms Act ................................................................22 Disaster Recovery Personal Protection Act of 2006 .......................................................23 Congressional Research Service Gun Control Legislation House Judiciary Committee Considered Gun Bills ..............................................................24 ATFE Modernization and Reform Act of 2006 ..............................................................24 Firearms Corrections and Improvements Act .................................................................25 Firearm Commerce Modernization Act..........................................................................27 NICS Improvement Act of 2005....................................................................................27 Gun Provisions Attached to Funding and Crime Bills ..........................................................28 District of Columbia Handgun Ban ...............................................................................28 Sex Offenders and Firearm Possession Eligibility..........................................................28 Court Security and LEOSA Amendments ......................................................................28 ATF Appropriations for FY2005, FY2006, and FY2007 ................................................29
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