Gun Control Legislation in the 108th Congress

Publication Date: September 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

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Abstract:

Congress continues to debate the efficacy and constitutionality of federal regulation of firearms and ammunition. Gun control advocates argue that federal regulation of firearms curbs access by criminals, juveniles, and other “high-risk” individuals. To improve criminal justice, they contend that only federal measures can successfully reduce the availability of guns throughout the nation. Some seek broad policy changes such as near-prohibition of non-police handgun ownership or the registration of all firearms or firearm owners. They assert that there is no constitutional barrier to such measures and no significant social costs.

Others advocate less comprehensive policies that they maintain would not impede ownership and legitimate firearm transfers. Opposition to federal controls is strong. Gun control opponents deny that federal policies keep firearms out of the hands of high-risk persons; rather, they argue, controls often create burdens for law-abiding citizens and infringe upon constitutional rights provided by the Second Amendment. Some argue further that widespread gun ownership is one of the best deterrents to crime as well as to potential tyranny, whether by gangs or by government. They may also criticize the notion of enhancing federal, as opposed to state, police powers.

Mortality and crime statistics are often used in the gun control debate. From 1993 to 2000, firearm fatalities from all causes and for all age groups decreased by 28%; for juveniles, they decreased by 53%. The number of homicides committed annually with a firearm by persons in the 14- to 24-year-old age group increased by 173% from 1985 to 1993, decreased by 87% from 1993 to 1999, and increased by 1% in 2000. The increase in 2000 can be attributed to firearm-related homicides committed by offenders in the 18- to 24-year old age group, a 3% increase.

Several dozen gun control-related proposals introduced in the 108th Congress represent a variety of positions on gun control; only a few have received significant legislative action. Congress has passed bills that exempt certain law enforcement officers from state concealed carry laws (P.L. 108-277), and extend the undetectable firearms ban for 10 years (P.L. 108-174). In addition, firearm-related provisions were included in the Consolidated Appropriations Act, 2004 (P.L. 108-199). Similar provisions are in the House passed FY2005 Commerce-Justice-State appropriations bill (H.R. 4754).

The House passed a bill (H.R. 1036) that would prohibit lawsuits against firearm manufacturers/dealers for unlawful or criminal use of their products by other persons. The Senate considered a similar bill (S. 1805) and amended it with several gun control amendments, which would have (1) required firearm dealers to provide safety locks with handguns, (2) extended the semiautomatic assault weapons ban for additional 10 years, (3) required background checks for private firearm transfers at gun shows, and (4) commissioned a study on armor-piercing ammunition. The Senate did not pass S. 1805, however, as many Senators either opposed the gun control amendments, or opposed the bill as initially introduced.

Other issues that may receive attention could include improving access to disqualifying firearm eligibility records; expanding federally-supported ballistic imaging; addressing the 10-year assault weapons ban, which expired on September 13, 2004; and repealing the District of Columbia “handgun ban.”