Illegal Gun Policy in the United States: Federal Gaps and State Legislative Contrasts Nina E. Vinik Legal Community Against Violence

Overview of Federal Gun Policy

Federal Regulatory Framework Governing Purchases and Sales of Firearms License required of gun manufacturers, importers and dealers (FFLs) Certain persons prohibited from owning firearms (felons, minors, persons with mental illness, etc.) Background checks on firearm transfers by FFLs to screen for prohibited persons ATF enforces gun laws regarding purchase and sale

Potential Gaps in Federal Gun Policy No background checks on transfers by unlicensed sellers (“private sale loophole”) Gun shows are a particular concern – estimated to be the source of over 10,000 trafficked guns every year

No regulation of 50 caliber sniper rifles Gaps in Federal Gun Policy No regulation of military-style assault weapons (ban on assault weapons expired in 2004)

Potential Gaps in Federal Gun Policy No consumer product safety oversight; gun industry is exempt from Consumer Product Safety Act No safe storage requirements

Potential Gaps in Federal Gun Policy Incomplete records in the NICS database for background checks Omissions from the federal list of prohibited purchasers Limits on ATF’s enforcement capacity/authority Restrictions on state and local administrative and civil proceedings

Overview of State Gun Regulation

Role of State Regulation Fills gaps in federal law Addresses concerns of specific communities and regions Improves community health and safety Acts as a catalyst for broader reform

A Sampling of State Gun Laws State laws aimed at keeping guns out of the hands of dangerous individuals State laws aimed at attacking the sources of illegal guns State laws regulating civilian ownership of military-style weapons State laws ensuring access to firearm transfer information by law enforcement

Laws Aimed at Keeping Guns Out of the Hands of Dangerous Individuals PolicyFederal LawState LawsFlorida LawState Laws in the SE Region (AL, GA, LA, MS, SC) Background Checks at Gun Shows? No9 states (CA, CO, CT, IL, MD, NY, OR, PA, RI) No State Reporting of Mental Health Info to NICS Database? States encouraged to submit info to NICS 13 states (AL, CO, CT, FL, GA, IL, IA, KS, ME, MI, MO, VA, WA) Court clerks send names to FDLE; FDLE authorized to disclose to NICS and other states AL and GA require reporting of certain mental health info to NICS

Laws Aimed at Attacking the Sources of Illegal Guns PolicyFederal Law State LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) License Required for Gun Dealers? Yes17 states (AL, CA, CT, DE, GA, HI, IN, MD, MA, NH, NJ, NY, PA, RI, SC, WA, WI) NoAL, GA, SC license handgun dealers Background Checks on Dealer Employees? No5 states (CT, DE, NJ, VA, WA) No Mandatory Minimum for Illegal Gun Possession? No5 states (KY, MD, MA, MN, NY) Sentence ranges from no prison to 5 years AL, GA, SC: no prison – 1 year LA, MS: no prison – 6 months

Laws Ensuring Access to Firearm Transfer Information by Law Enforcement PolicyFederal Law State LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) Firearm Transfer Records Reported to Law Enforcement? No10 states (AL, CA, CT, MD, MA, MI, NJ, NY, PA, WA) NoAL: dealers report all handgun sales to local law enforcement and Secretary of State Firearm Owners Required to Report Lost or Stolen Firearms? FFLs only 7 states (CT, MA, MI, NJ, NY, OH, RI) No

Laws Regulating Civilian Ownership of Military-Style Weapons PolicyFederal LawState LawsFlorida Law State Laws in the SE Region (AL, GA, LA, MS, SC) Regulation of Assault Weapons? No7 states ban assault weapons (CA, CT, MA, NJ, NY; HI and MD ban assault pistols) 3 states regulate transfers of assault weapons (MD, MN, VA) No Regulation of High Capacity Ammunition Magazines? No6 states ban high capacity magazines (CA, HI, MD, MA, NJ, NY) No

How Legal Community Against Violence Can Help Legal Community Against Violence (LCAV) is a national public interest law center dedicated to preventing gun violence LCAV is the country's only organization devoted exclusively to providing legal assistance in support of gun violence prevention LCAV provides legal assistance to community leaders and advocates seeking local and statewide regulatory solutions to prevent gun violence

LCAV: Who we Serve Mayors, City Council Members, County Supervisors and other Local Officials Government Attorneys Law Enforcement Officials State Legislators and Agency Officials Gun Violence Prevention Activists

LCAV: What We Do Research and analysis of current law and options for reform Develop regulatory policies and model laws Draft laws and regulations for specific jurisdictions Explain the legal significance of existing and proposed laws Review existing and proposed laws and offer recommendations for improvement

LCAV Publications Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws Originally published 2006; 2008 edition now available

LCAV Website:

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