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Gun Control Legislation Gun Control Legislation William J. Krouse Specialist in Domestic Security and Crime Policy February 3, 2011 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 debated the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. The tragic shootings in Tucson, AZ, on January 8, 2011, in which six people were killed and 13 wounded, including Representative Gabrielle Giffords, could prompt the 112th Congress to examine issues related to the shooter’s mental illness and drug use and his use of large capacity ammunition feeding devices (LCAFDs) (see H.R. 308 and S. 32), as well as a proposal to ban firearms within the proximity of certain high-level federal officials (see H.R. 496). This report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress and selected legislative action in the 110th Congress that involved issues revisited in the 111th Congress. The report concludes with a discussion of other salient issues that have generated significant congressional interest in the past, including the 1994-2004 LCAFD ban. During the 111th Congress, the gun control debate was colored by two key Supreme Court findings. In District of Columbia v. Heller, the Court 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 McDonald v. City of Chicago, the Court found that an individual right also applied to the states. The 111th Congress considered amendments to DC voting rights bills that would have further overturned DC gun laws (S. 160 and H.R. 157), effectively scuttling the House bill. In addition, pro-gun members passed several other gun- related provisions that were included in enacted legislation. These provisions address • carrying firearms on public lands (P.L. 111-24), • transporting firearms in passenger luggage on Amtrak (P.L. 111-117), • widening law enforcement off-duty concealed carry privileges (P.L. 111-272), and • prohibiting data collection on gun ownership or higher premiums for gun owners who are beneficiaries of healthcare wellness programs (P.L. 111-148). The 111th Congress reconsidered or newly considered several other provisions that were not enacted. These issues could re-emerge in the 112th Congress. These provisions address • veterans adjudicated as mentally incompetent and loss of gun rights (S. 669 and H.R. 6132), • firearms possession in public housing (H.R. 3045 and H.R. 4868), • interstate reciprocity of concealed carry privileges (S. 1390 and S. 845), and • the treatment of firearms under bankruptcy proceedings (H.R. 5827/S. 3654). Other salient and recurring gun control issues that have generated past congressional interest include (1) screening firearms background check applicants against terrorist watch lists; (2) reforming the regulation of federally licensed gun dealers; (3) requiring background checks for private firearms transfers at gun shows; (4) more-strictly regulating certain firearms previously defined in statute as “semiautomatic assault weapons”; and (5) banning or requiring the registration of certain long-range .50 caliber rifles, which are commonly referred to as “sniper” rifles. Congressional Research Service Gun Control Legislation Contents Recent Developments..................................................................................................................1 th Legislative Action in the 111 Congress......................................................................................1 Background and Analysis............................................................................................................3 Pro/Con Debate.....................................................................................................................3 Gun-Related Statistics...........................................................................................................4 How Many Guns Are in the United States?......................................................................4 How Often Are Guns Used in Homicides?.......................................................................5 How Prevalent Are Gun-Related Fatalities?.....................................................................6 How Often Are Guns Used in Non-lethal Crimes?...........................................................8 How Often Are Firearms Used in Self-Defense?..............................................................8 What About the Recreational Use of Guns?.....................................................................9 Federal Regulation of Firearms ...................................................................................................9 The National Firearms Act (NFA) .........................................................................................9 The Gun Control Act of 1968 (GCA) ..................................................................................10 Firearms Transfer and Possession Eligibility .................................................................10 Licensed Dealers and Firearms Transfers.......................................................................10 Private Firearms Transfers............................................................................................. 11 Brady Handgun Violence Prevention Act............................................................................. 11 Interim Provisions......................................................................................................... 11 Permanent Provisions....................................................................................................12 POC and Non-POC States.............................................................................................13 Background Check Fee and Record Retention...............................................................13 Tucson Shootings......................................................................................................................14 Mental Illness and Drug Use as Prohibiting Factors.............................................................14 Large Capacity Ammunition Feeding Devices.....................................................................15 Banning Firearms within the Proximity of Federal Officials ................................................16 th th Legislative Action in the 111 and 110 Congresses..................................................................16 Constitutionality of DC Handgun Ban and Related Legislation............................................16 DC Council Passes Emergency Law..............................................................................16 Legislation Related to DC Gun Laws ............................................................................17 DC Council Passes Permanent Legislation ....................................................................18 th DC Voting Rights and Gun Laws in the 111 Congress..................................................18 Constitutionality of the Chicago Handgun Ban....................................................................19 Public Lands and Firearms Possession and Use ...................................................................19 Amtrak Passengers and Firearms.........................................................................................20 Law Enforcement Officers Safety Act Amendments ............................................................21 Patient Protection and Affordable Care Act and Firearms.....................................................21 NICS Improvement Amendments Act of 2007.....................................................................23 Veterans, Mental Incompetency, and Firearms Eligibility.....................................................24 Mental Defective Adjudications ....................................................................................25 VA Referrals to the FBI.................................................................................................25 Public Housing and Firearms Possession and Use................................................................26 Concealed Carry and Reciprocity ........................................................................................27 Bankruptcy and Firearms ....................................................................................................27 ATF Appropriations and Southwest Border Gun Trafficking................................................28 Congressional Research Service Gun Control Legislation ATF Appropriations Budget Request for FY2011 ..........................................................28 ATF Appropriations for FY2010....................................................................................28 Southwest Border Gun Trafficking................................................................................29 Tiahrt Amendment and Firearms Trace Data Limitations .....................................................30 Other Salient Gun Control Legislative Issues.............................................................................31 Brady Background and Terrorist Watch List Checks ............................................................31 Post-9/11 Modified NICS Procedures............................................................................32
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