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Straight Talk on Gun Control Laws
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2 nd Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. - Ratified 1791
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Federal Restrictions 1934 National Firearms Act 1934 National Firearms Act 1938 Federal Firearms Act 1938 Federal Firearms Act 1968 Gun Control Act 1968 Gun Control Act 1986 Law Enforcement Officers Protection Act and 1986 Law Enforcement Officers Protection Act and Firearm Owners Protection Act 1990 Crime Control Act 1990 Crime Control Act 1994 Brady Handgun Violence Prevention Act and 1994 Brady Handgun Violence Prevention Act and Violent Crime Control and Law Enforcement Act 2003 Tiahrt Amendment 2005 Protection of Lawful Commerce in Arms Act 2005 Protection of Lawful Commerce in Arms Act
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Michigan Gun Laws MI Constitution: Every person has a right to keep and bear arms for the defense of himself and the state. MI Constitution: Every person has a right to keep and bear arms for the defense of himself and the state. Weapons Free School Zones Weapons Free School Zones Licensed pistol requirements Licensed pistol requirements Includes mental health & criminal history limitations Concealed Pistol License Concealed Pistol License Includes stricter mental health & criminal history limitations Trigger-locks & Gun Cases in every federally licensed sale Trigger-locks & Gun Cases in every federally licensed sale Hunting Licenses & Tags Hunting Licenses & Tags
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Washington DC banned handguns within city limits and required long guns to be kept unloaded and dismantled, or trigger-locked except when used for recreational purposes or business The Court affirmed an individual's right to own a gun and use it in traditionally lawful ways (including self defense) The Court required DC to issue handgun licenses to individuals who qualified District of Columbia v. Heller - 2008
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2012 – The Year of the Gun? April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos University, a Korean Christian college in Oakland, CA. April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos University, a Korean Christian college in Oakland, CA. July 20, 2012. 24-year-old James Holmes killed 12 people and wounded 58 during the midnight premiere of The Dark Knight Rises in Aurora, CO. July 20, 2012. 24-year-old James Holmes killed 12 people and wounded 58 during the midnight premiere of The Dark Knight Rises in Aurora, CO. August 5, 2012. 40-year-old US Army veteran Wade Michael Page killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, Wisconsin. August 5, 2012. 40-year-old US Army veteran Wade Michael Page killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, Wisconsin. December 14, 2012. Adam Lanza, 20, December 14, 2012. Adam Lanza, 20, killed 26 people (20 children) and himself killed 26 people (20 children) and himself at Sandy Hook Elementary School in at Sandy Hook Elementary School in Newtown, Connecticut Newtown, Connecticut Image Source: http://www.motherjones.com/special- reports/2012/12/guns-in-america-mass-shootings
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The Debate: Gun Control vs. Gun Rights “Protect Yourself” Top Supporter: The National Rifle Association (NRA) Position: Police are not required to protect you, so you must be allowed to protect yourself Criminals don't buy guns legally, so background checks won't work Previous Assault Weapons bans had no effect on gun crime Most criminals fire less than 10 bullets so high-capacity ammunition bans are unnecessary Law-abiding citizens must be allowed to arm themselves against attacks “Protected by the State” Top Supporter: The Brady Campaign to Prevent Violence Position: Universal Background checks are needed to keep convicted felons and the dangerously mentally ill from buying guns Ban highly lethal military-style semi- automatic weapons Ban high-capacity magazines to limit fatalities & give time to intervene Empower ATF to investigate and stop gun trafficking Limit the number of guns bought at a time to stop trafficking
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How to Respond: Gun Control or Gun Rights We need to make it easier for mentally ill people to get help rather than turn to violence We need to make it harder for violent or criminally minded people to get guns We need to limit the damage that can be done before police are able to respond and intervene The best way to prevent gun crime is a well-armed, well- trained populous We need to provide more security in our schools Restrictions on gun purchases hurt law-abiding citizens, not the criminals who perform gun violence
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What Are the Facts?
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What are the Facts? Image Source: http://www.prisonplanet.com/http://www.prisonplanet.com/ statistics-prove-more-guns-less-crime.html Murder Victims by Weapon Type 2011 Information Source: http://www.fbi.gov/about-us/cjis/ucr/ http://www.fbi.gov/ crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded-homicide-data-table-8
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Where the Public Stands August 2012 Image source: http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/14/ http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/14/ nine-facts-about-guns-and-mass-shootings-in-the-united-states/
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The Response Obama's Executive Orders Federal agencies must give data to federal background check system Remove legal barriers (HIPPA) preventing states from giving data to background check system Improve state incentives to share data Review categories of prohibited individuals Recommend law enforcement run full background checks before returning seized guns ATF to provide guidance on background checks to private sellers National safe & responsible gun ownership campaign Review safety standards for gun locks & safes Require federal trace on guns recovered in criminal investigations Clarify Medicaid mental health coverage Finalize health parity regulations Release DOJ report on lost & stolen guns Nominate ATF director Provide shooter-response training to police, first responders & school officials Prosecute gun crime & prevent gun violence Direct CDC to research gun violence causes & prevention Release AG report on new safety technology Allow doctors to ask patients about guns in their homes Allow healthcare providers to report threats of violence to police Encourage schools to hire resource officers Develop model emergency-response plans for schools & places of worship Clarify ACA essential health benefits & parity Launch national dialog on mental health
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Current Pending Federal Legislation Gun Control Bills S.150 Assault Weapons Ban of 2013 Also HR.437 S.33 Large Capacity Ammunition Feeding Device Act of 2013 Also HR 138 HR.329 Strengthening Background Checks Act of 2013 S.54 Stop Illegal Trafficking in Firearms Act of 2013 HR.332 Equal Access to Justice for Victims of Gun Violence Act S.22 Gun Show Background Check Act of 2013 Also HR 141 HR.236 Crackdown on Deadbeat Gun Dealers Act of 2013 HR.117: Handgun Licensing and Registration Act of 2013 HR.21: NRA Members’ Gun Safety Act of 2013 Gun Rights Bills S.82 would give no effect to any executive action infringing on the 2 nd Amendment Also HR.410 HR.133: Citizens Protection Act of 2013 S.35 Stop Online Ammunition Sales Act of 2013 Also HR 142 HR.427: Trafficking Reduction And Criminal Enforcement (TRACE) Act H.R. 65: Child Gun Safety and Gun Access Prevention Act of 2013 H.R. 34: Blair Holt’s Firearm Licensing and Record of Sale Act of 2013 H.R. 137: Fix Gun Checks Act of 2013
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Civil Rights ● Family ● Criminal 248-764-8584 www.schmidtlawservices.com Questions?
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