U.S. gun control legislation

The Second Amendment of the U.S. Constitution states, “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.” The interpretation of this amendment has long been the subject of debate, as some believe restrictions on the right to purchase, own, or carry firearms are constitutional, while others do not. The U.S. Congress first passed legislation restricting gun rights in the early twentieth century, though the debate has continued to the present day as issues such as background checks, trigger locks, and the legality of assault weapons have come to the political forefront. This page deals with congressional actions relating to gun control.

Gun Show Loophole Closing Act of 2007 (H.R. 96)

 * OpenCongress info page
 * Sponsor: Rep. Michael Castle (R-Del.)

The bill (H.R.96) was introduced in the House on January 4, 2007 by Rep. Michael Castle (R-Del.). It would provide for the regulation of firearms transfers at firearms events at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer if one or more of the firearms have been shipped or transported in, or otherwise affects, interstate or foreign commerce. The bill would also prohibit any person from operating a special firearms event without notifying the Attorney General, and set forth the responsibilities of special firearms events operators.

Domestic Violence Victim Protection Act (H.R. 203)

 * OpenCongress info page
 * Sponsor: Rep. Steven Rothman (D-N.J.)

The bill (H.R.203) was introduced on January 4, 2007 by Rep. Steven Rothman (D-N.J.) with no co-sponsors and referred that date to the House Committee on the Judiciary and on February 2, 2007 to its Subcommittee on Crime, Terrorism, and Homeland Security. The measure is a piece of gun control and domestic violence legislation which would amend federal crime grant programs relating to domestic violence to encourage states and localities to implement gun confiscation policies, reform stalking laws, create integrated domestic violence courts, and hire additional personnel for entering protection orders.

Child Gun Safety and Gun Access Prevention Act of 2007 (H.R. 256)

 * OpenCongress info page
 * Sponsor: Rep. Sheila Jackson-Lee (D-Texas)

The bill (H.R. 256) would amend the Brady Handgun Violence Prevention Act in an effort to prevent children's access to firearms. It was introduced by Rep. Sheila Jackson-Lee(D-Texas) with no co-sponsors on January 5, 2007, and the measure was referred that day to the House Committee on the Judiciary and on February 2, 2007 to its Subcommittee on Crime, Terrorism, and Homeland Security.

NICS Improvement Act of 2007 (H.R. 297)

 * OpenCongress info page
 * Sponsor: Rep. Carolyn McCarthy (D-N.Y.)

The bill (H.R.297) was introduced in the House on January 5, 2007 by Rep. Carolyn McCarthy (D-N.Y.) with co-sponsor John Dingell (D-Mich.). It would amend the Brady Handgun Violence Prevention Act of 1993 to require the head of each federal agency that has records relating to persons for whom receipt of a firearm would violate federal or state law to provide that information to the Attorney General for inclusion into the National Instant Criminal Background Check System (NICS). In addition, it would require the agency, upon being made aware that the basis under which a record was made available no longer applies, to correct the record and notify the Attorney General and the Secretary of Homeland Security. It would also have to make available to the Attorney General records relevant to a determination that a person is disqualified from possessing or receiving a firearm and information about a change in such person's status for removal from NICS, where appropriate.

Assault Weapons Ban Reauthorization Act of 2007 (H.R. 1022)

 * OpenCongress info page
 * Sponsor: Rep. Carolyn McCarthy (D-N.Y.)

The bill (H.R.1022) was introduced in the House on February 13, 2007 by Rep. Carolyn McCarthy (D-N.Y.). The measure would reinstate for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices. It would revise the definition of "semiautomatic assault weapon" to include kits for converting a firearm to such a weapon and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock. It would prohibit the transfer of such a weapon except through a licensed dealer or a state or local law enforcement agency who would be subject to requirements.

The bill would direct the Attorney General (AG) to establish and maintain a record of the make, model, and date of manufacture of any such weapon which the AG is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved. Also, the AG would be required to annually submit the record to Congress and make it available to the public. In addition, the measure would prohibit the transfer of any assault weapon with a large capacity ammunition feeding device, the transfer of such a weapon or device to a juvenile, and the importation of such a device.

Foreign Felon Gun Prohibition Act of 2007 (H.R.1168)

 * OpenCongress info page
 * Sponsor: Sen. Carolyn McCarthy (D-N.Y.)

The bill (H.R.1168) was introduced by Rep. Carolyn McCarthy (D-N.Y.) on February 16, 2007. It was referred to the House Judiciary Committee and on to its Subcommittee on Crime, Terrorism, and Homeland Security. The measure would would amend chapter 44 of title 18, United States Code, to extend the firearm and ammunition prohibitions applicable to convicted felons to those convicted in a foreign court.

Anti-Large Capacity Ammunition Feeding Device Act of 2007(H.R.1859)

 * OpenCongress info page
 * Sponsor: Rep. Carolyn McCarthy (D-N.Y.)

The bill (H.R.1859). would reinstate and strengthen the prohibition on the possession or transfer of large capacity ammunition feeding devices. Rep. Carolyn McCarthy (D-N.Y.) introduced the measure on April 16, 2007, in response to shootings at Virginia Tech. It had collected no co-sponsors as of May 2.

The Anti-Gun Trafficking Penalties Enhancement Act of 2007 (S.77)

 * OpenCongress info page
 * Sponsor: Sen. Charles Schumer (D-N.Y.)

The bill was introduced by Sen. Charles Schumer (D-N.Y.) on January 4, 2007 with no immediate co-sponsors. The measure, referred that date to the Senate Committee on the Judiciary, would overturn the Tiahrt Amendment, which had been included in each Justice Department appropriations bill since 2003. Essentially, the amendment restricted local government access to data on firearms used in crimes.

Assault Weapons Ban and Law Enforcement Protection Act of 2005 (H.R. 1312)

 * Thomas bill summary page
 * Sponsor: Rep. Carolyn McCarthy (D-N.Y.)
 * Cosponsors

Anti-Large Capacity Ammunition Feeding Device Act of 2005(H.R. 3348)

 * Thomas bill summary page
 * Sponsor: Rep. Carolyn McCarthy (D-N.Y.)
 * Cosponsors

Assault Weapons Ban Reauthorization Act of 2005 (S. 620)

 * Thomas bill summary page
 * Sponsor: Sen. Dianne Feinstein (D-Calif.)
 * Cosponsors

Assault Weapons Ban and Law Enforcement Protection Act of 2005 (S. 645)

 * Thomas bill summary page
 * Sen. Frank Lautenberg (D-N.J.)
 * Cosponsors

Amendment to prohibit the confiscation of a firearm during an emergency or major disaster (S.AMDT. 4615)
On July 12, 2006, Sen. David Vitter (R-La.) introduced an amendment during the debate over the fiscal year (FY) 2007 Homeland Security appropriations bill. The amendment would have prohibited officials from confiscating legally owned firearms during an emergency or disaster. The amendment was proposed in response to the aftermath of Hurricane Katrina, in which police confiscated a numer of guns from New Orleans residents.

On July 13, the amendment passed in the Senate, 84-16.

The amendment survived in the conference committee and became law (along with the Homeland Security appropriations bill) when President George W. Bush signed it on September 30, 2006.

Bill to Reauthorize the Undetectable Firearms Act of 1988--18 U.S.C. 922 (H.R. 3348)

 * Thomas bill summary page
 * Sponsor: Rep. James Sensenbrenner (R-WI)
 * Cosponsors

Assault Weapons Ban Reauthorization Act of 2004 (S. 2498)

 * Thomas bill summary page
 * Sponsor: Sen. Dianne Feinstein (D-Calif.)
 * Cosponsors

Bill to Extend the sunset on the assault weapons ban for 10 years (H.R.3831)

 * Thomas bill summary page
 * Sponsor: Rep. Mike Castle (R-Del.)
 * Cosponsors

Assault Weapons Ban Reauthorization Act of 2003 (S. 1034)

 * Thomas bill summary page
 * Sponsor: Sen. Dianne Feinstein (D-Calif.)
 * Cosponsors

Assault Weapon Ban Enhancement Act of 2003 (H.R. 143)

 * Thomas bill summary page
 * Sponsor: Rep. Jerrold Nadler (D-N.Y.)

Assault Weapons Ban and Law Enforcement Protection Act of 2003 (S. 1431)

 * Thomas bill summary page
 * Sen. Frank Lautenberg (D-N.J.)
 * Cosponsors

Assault Weapons Ban and Law Enforcement Protection Act of 2003 (H.R. 2038)

 * Thomas bill summary page
 * Rep. Carolyn McCarthy (D-N.Y.)
 * Cosponsors

Assault Weapon Ban Enhancement Act of 2002 (H.R. 3751)

 * Thomas bill summary page
 * Sponsor: Rep. Jerrold Nadler (D-N.Y.)

David Chetcuti Firearm Modification Act (H.R. 1428)

 * Thomas bill summary page
 * Sponsor: Rep. Tom Lantos (D-Calif.)

Assault Weapon Ban Enhancement Act of 1999 (H.R. 1809)

 * Thomas bill summary page
 * Sponsor: Rep. Jerrold Nadler (D-N.Y)
 * Cosponsors

Bill to ban the importation of firearms that have been cosmetically altered (H.R. 2702)

 * Thomas bill summary page
 * Sponsor: Rep. Chuck Schumer (D-N.Y.)

Handgun Control and Violence Prevention Act of 1995 (H.R. 1321)

 * Thomas bill summary page
 * Sponsor: Rep. Chuck Schumer (D-N.Y.)

Bill to prevent handgun violence and illegal commerce in firearms (S. 631)

 * Thomas bill summary page
 * Sponsor: Sen. Bill Bradley (D-N.J.)
 * Cosponsors

Public Safety and Recreational Firearms Use Protection Act

 * Thomas bill summary page
 * Sponsor: Rep. Chuck Schumer (D-N.Y.)

This bill was originally submitted as H.R.4296 to amend the federal criminal code to prohibit the manufacture, transfer, or possession of a semiautomatic assault weapon. It passed the House, but became Subtitle A (Assault Weapons) of H.R. 3355, The Violent Crime Control and Law Enforcement Act of 1994. The subtitle expired 10 years after its passage.

Brady Handgun Violence Prevention Act Federal Firearms License Reform Act of 1993 (H.R. 1025)

 * Thomas bill summary page
 * Sponsor: Rep. Chuck Schumer (D-N.Y.)

Resources

 * The Gun Control Act of 1968, Public Law 90-618.
 * Memorandum Opinion for the Attorney General (DOJ): Whether the Second Amendment Secures an Individual Right
 * Criminal Justice Resources: Gun Control, Michigan State University Library.
 * Gun Control, University of North Texas.
 * Guide: "Gun Laws, Gun Control and Gun Rights", JURIST: The Legal Education Network: Comprehensive web site with links to news releases, current cases, current legislation, presidential candidate positions (Al Gore and George W. Bush), information on the Second Amendment, case law, statutes, books, articles, legal scholars, statistics and reports, government agencies, advocacy, etc.
 * Gun Control, adapted from a report by William Krouse, Congressional Research Service. Updated October 3, 2002.
 * Gun Control, American Civil Liberties Union position.
 * Gun Control vs. Gun Rights, OpenSecrets.
 * The Brady Campaign To Prevent Gun Violence
 * GunCite Discussion of Gun Control and Second Amendment.
 * Gun Control, Washington Post special.
 * Global Gun Control, Washington Post special.
 * Gun Control, TIME newsfile.
 * Gun Control: The Great Debate, ABC News.
 * Canadian Gun Control, about.com.
 * Gun Control, Australia.
 * The Right to Keep and Bear Arms, Report of the Subcommittee on the Constitution of the U.S. Senate, 97th Congress, February 1982, Constitution Society, www.constitution.org.
 * David B. Kopel, Trust the People: The Case Against Gun Control, Cato Institute, July 11, 1988.
 * Gun Control, Cato Institute Handbook for 107th Congress.
 * U.S. Justice Fund, Open Society Institute.

SourceWatch/Congresspedia resources

 * Armed Females of America
 * Brady Campaign to Prevent Gun Violence
 * Bush administration: gun violence
 * Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)
 * civil liberties
 * Coalition to Stop Gun Violence
 * National Rifle Association (NRA)
 * Second Amendment Foundation (SFA)

Articles

 * Jon Dougherty, "The New World Disorder," WorldNetDaily, June 8, 2003: "United Nations to host global gun-control event. Conference backs measures to track, confiscate, destroy various weapons."
 * "U.S. Justice Dept. concludes 2nd is an 'Individual Right'," TechnoCrat, December 19, 2004.