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Results for gun control (u.s.)

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Author: Feinstein, Dianne

Title: Halting U.S. Firearms Trafficking to Mexico: A Report ....to the United States Senate Caucus on International Narcotics Control, One-Hundred Twelfth Congress, First Session

Summary: Military-style weapons are arming Mexico's brutal drug trafficking organizations at an alarming rate. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has consistently found that the overwhelming majority of firearms recovered at crime scenes and traced by Mexican officials originate in the United States. These guns have contributed to Mexico's dangerous levels of violence. Since the start of the administration of President Felipe Calderon in December 2006, according to Mexican government estimates, 34,612 people have died in organized crime-related killings in Mexico. The killings reached their highest level in 2010, increasing by almost 60 percent to 15,273 deaths from 9,616 the previous year. As the U.S. partners with Mexico to combat drug-related violence, we must enhance our efforts to curb firearms trafficking from the United States to Mexico. This report provides background information on firearms trafficking and makes recommendations to Congress and the Obama Administration on key next steps.

Details: Washington, DC: The Authors: 2011. 28p.

Source: Internet Resource: Accessed June 27, 2011 at: https://www.hsdl.org/?view&doc=143589&coll=limited

Year: 2011

Country: United States

URL: https://www.hsdl.org/?view&doc=143589&coll=limited

Shelf Number: 121828

Keywords:
Firearms Trafficking
Gun Control (U.S.)
Gun Violence
Organized Crime
Trafficking in Weapons

Author: Krouse, William J.

Title: 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 (see S. 436) 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. 367 and H.R. 496). Other emerging issues include the Bureau of Alcohol, Tobacco, Firearms and Explosives’s (ATF) proposal to require multiple rifle sales reports from Southwest border state gun dealers and its conduct of Operation Fast and Furious. More recently, gun-related amendments to bills reauthorizing USA PATRIOT Act provisions were considered (H.R. 1800, S. 1038, and S. 990), but were not included in the enacted legislation (P.L. 112-14). To set these and other emerging issues in context, this report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress. 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, among other regulations, 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 the Second Amendment also applied to the states. 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, some Members passed several other gun-related provisions included in enacted legislation that 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 higher health care premiums for gun owners (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 • gun rights restoration for veterans previously deemed to be mentally incompetent (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). The report concludes with discussion of other salient and recurring gun control issues that have generated past congressional interest. Those issues 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.

Details: Washington, DC: Congressional Research Service, 2011. 61p.

Source: Internet Resource: Accessed July 1, 2011 at: http://www.fas.org/sgp/crs/misc/RL32842.pdf

Year: 2011

Country: United States

URL: http://www.fas.org/sgp/crs/misc/RL32842.pdf

Shelf Number: 121946

Keywords:
Firearms and Weapons
Gun Control (U.S.)
Gun Violence
Guns

Author: U.S. Government Accountability Office

Title: Gun Control: Sharing Promising Practices and Assessing Incentives Could Better Position Justice to Assist States in Providing Records for Background Checks

Summary: From 2004 to 2011, the total number of mental health records that states made available to the National Instant Criminal Background Check System (NICS) increased by approximately 800 percent—from about 126,000 to 1.2 million records—although a variety of challenges limited states’ ability to share such records. This increase largely reflects the efforts of 12 states. However, almost half of all states increased the number of mental health records they made available by fewer than 100 over this same time period. Technological, legal, and other challenges limited the states’ ability to share mental health records. To help address these challenges, the Department of Justice (DOJ) provides assistance to states, such as grants and training, which the 6 states GAO reviewed reported as helpful. DOJ has begun to have states share their promising practices at conferences, but has not distributed such practices nationally. By disseminating practices that states used to overcome barriers to sharing mental health records, DOJ could further assist states efforts. The states’ overall progress in making unlawful drug use records available to NICS is generally unknown because of how these records are maintained. The vast majority of records made available are criminal records—such as those containing arrests or convictions for possession of a controlled substance—which cannot readily be disaggregated from other records in the databases checked by NICS. Most states are not providing noncriminal records, such as those related to positive drug test results for persons on probation. On May 1, 2012, DOJ data showed that 30 states were not making any noncriminal records available. Four of the 6 states GAO reviewed raised concerns about providing records outside an official court decision. Two states also noted that they did not have centralized databases that would be needed to collect these records. DOJ has issued guidance for providing noncriminal records to NICS. DOJ has not administered the reward and penalty provisions of the NICS Improvement Amendments Act of 2007 because of limitations in state estimates of the number of records they possess that could be made available to NICS. DOJ officials were unsure if the estimates, as currently collected, could reach the level of precision needed to serve as the basis for implementing the provisions. The 6 states GAO reviewed had mixed views on the extent to which the reward and penalty provisions—if implemented as currently structured—would provide incentives for them to make more records available. DOJ had not obtained the states’ views. Until DOJ establishes a basis for administering these provisions—which could include revising its current methodology for collecting estimates or developing a new basis—and determining the extent to which the current provisions provide incentives to states, the department cannot provide the incentives to states that were envisioned by the act. Nineteen states have received federal certification of their programs that allow individuals with a precluding mental health adjudication or commitment to seek relief from the associated firearms prohibition. Having such a program is required to receive grants under the 2007 NICS act. Officials from 10 of the 16 states we contacted said that grant eligibility was a strong incentive for developing the program. Reductions in grant funding could affect incentives moving forward.

Details: Washington, DC: GAO, 2012. 61p.

Source: Internet Resource: Accessed July 16, 2012 at: http://www.gao.gov/assets/600/592452.pdf

Year: 2012

Country: United States

URL: http://www.gao.gov/assets/600/592452.pdf

Shelf Number: 125631

Keywords:
Background Checks
Gun Control (U.S.)
Gun Control Policy
Mental Health Records

Author: U.S. Government Accountability Office

Title: Gun Control: States' Laws and Requirements for Concealed Carry Permits Vary across the Nation

Summary: The number of states allowing concealed carry permits is increasing, and states broadly differ in eligibility requirements and the extent to which they have reciprocity agreements. In June 2002, 7 states and the District of Columbia prohibited the concealed carry of handguns. As of March 2012, individuals can carry concealed handguns in all but 1 state (Illinois) and the District of Columbia. “Shall-issue” states—in which issuing authorities are required to issue a permit to an applicant that fulfills the objective statutory criteria— generally issue more permits than states with greater discretion in granting permits (“may-issue” states). Because of differing eligibility requirements, some states would issue a permit to an applicant, while others would not. For example, some states define what constitutes a disqualifying felony differently or have different firearms training requirements. As of March 2012, 39 states that issue permits and Vermont (permits not required) recognize concealed carry permits from other states. Of the 9 states that do not grant reciprocity, 8 are may-issue states. Issuing authorities from all 9 states included in GAO’s case study stated that they take action to confirm an individual’s continued eligibility to hold a permit as part of the permit renewal process; and issuing authorities from 8 of these 9 states reported using mechanisms to monitor resident permit holders’ continued eligibility between issuance and renewal. In these 8 states, issuing authorities told GAO that they are notified if a permit holder commits a disqualifying act within their state through law enforcement or state databases. After detecting a disqualifying criminal offense or other disqualifying factors, each of the 9 states begins the revocation process by notifying the permit holder. The states have varying retrieval processes, and 3 of them have authority to impose a penalty for failure to surrender a revoked permit or continuing to possess one. Law enforcement in the 9 case study states that issue permits told GAO that when encountering permits, such as during routine traffic stops, they visually check them and can take additional steps, such as checking state databases, as needed, to determine whether the permits are current and valid. Law enforcement in the 9 case study states that issue permits told GAO that when encountering permits, such as during routine traffic stops, they visually check them and can take additional steps, such as checking state databases, as needed, to determine whether the permits are current and valid. According to state reporting to GAO, there were at least 8 million active permits to carry concealed handguns in the United States as of December 31, 2011. States and local authorities control the issuance of concealed carry permits. Applicants who wish to obtain such permits are required to meet certain state eligibility requirements, such as minimum age and the lack of a felony conviction. States also decide which other states’ permits to honor. Typically, states enter into reciprocity agreements that establish which out of- state permit holders can carry concealed firearms within each state. In recent years, Members of Congress have introduced legislation that would require each issuing state to recognize any permit. GAO was asked to provide information on the status of concealed carry permitting. This report describes (1) the extent to which states allow concealed carry permits, and how select states’ eligibility requirements and recognition of other states’ permits differ, (2) what processes select states use to help ensure they revoke permits when holders no longer meet eligibility requirements, and (3) how law enforcement officials in select states determine whether permits they encounter are current and valid. GAO gathered information on the number of permits, laws, issuing authorities, and reciprocity agreements for 50 states and the District of Columbia, and conducted a case study on 9 states that issue permits. GAO selected these states to reflect differences among states’ eligibility requirements, state reciprocity of permits, and permit issuing processes; the results cannot be generalized across all states but provide a broad understanding of the different requirements and processes states utilized in issuing permits.

Details: Washington, DC: GAO, 2012. 90p.

Source: Internet Resource: GAO-12-717: Accessed July 18, 2012 at: http://www.gao.gov/assets/600/592552.pdf

Year: 2012

Country: United States

URL: http://www.gao.gov/assets/600/592552.pdf

Shelf Number: 125663

Keywords:
Concealed Carry Permits
Gun Control (U.S.)
Gun Control Legislation
Gun Control Policy
Guns

Author: Krouse, William J.

Title: 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. In the wake of the July 20, 2012, Aurora, CO, theater mass shooting, in which 12 people were shot to death and 58 wounded (7 of them critically) by a lone gunman, it is likely that there will be calls in the 112th Congress to reconsider a 1994 ban on semiautomatic assault weapons and large capacity ammunition feeding devices that expired in September 2004. There were similar calls to ban such feeding devices (see S. 436/H.R. 1781) following the January 8, 2011, Tucson, AZ, mass shooting, in which 6 people were killed and 14 wounded, including Representative Gabrielle Giffords, who was grievously wounded. The 112th Congress continues to consider the implications of Operation Fast and Furious and allegations that the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) mishandled that Phoenix, AZ-based gun trafficking investigation. On June 28, 2012, the House passed a resolution (H.Res. 711) citing Attorney General Eric Holder in contempt of Congress for his failure to produce additional, subpoenaed documents related to Operation Fast and Furious to the Committee on Oversight and Government Reform. On May 18, 2012, the House passed the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (H.R. 4310), which amends a provision that limits the Secretary of Defense’s authority to regulate firearms privately held by members of the Armed Forces off-base. On May 10, 2012, the House passed a Commerce-Justice-State appropriations bill (H.R. 5326) that would fund ATF for FY2013 and, on April 19, 2012, the Senate Committee on Appropriations reported a similar bill (S. 2323). On April 17, 2012, the House passed the Sportsmen’s Heritage Act of 2012 (H.R. 4089), a bill that would require agencies that manage federal public lands to facilitate access to and use of those lands for the purposes of recreational fishing, hunting, and shooting with certain exceptions set out in statute. Language to a similar effect was included in the FY2013 Interior, Environment, and Related Agencies Appropriations bill (H.R. 6091), which the House Committee on Appropriations reported on July 10, 2012. On November 16, 2011, the House passed a bill (H.R. 822) that would establish a greater degree of reciprocity between states that issue concealed carry permits for handguns. On October 11, 2011, the House passed a Veterans’ Benefits Act (H.R. 2349) that would prohibit the Department of Veterans Affairs from determining a beneficiary to be mentally incompetent for the purposes of gun control, unless such a determination were made by a judicial authority based upon a finding that the beneficiary posed a danger to himself or others. In May 2011, firearms-related amendments to bills reauthorizing the USA PATRIOT Act were considered (H.R. 1800, S. 1038, and S. 990), but they were not passed. This report also includes discussion of other salient and recurring gun control issues that have generated past or current congressional interest. Those issues include (1) screening firearms background check applicants against terrorist watch lists, (2) combating gun trafficking and straw purchases, (3) reforming the regulation of federally licensed gun dealers, (4) requiring background checks for private firearms transfers at gun shows, (5) more-strictly regulating certain firearms previously defined in statute as “semiautomatic assault weapons,” and (6) banning or requiring the registration of certain long-range .50 caliber rifles, which are commonly referred to as “sniper” rifles. To set these and other emerging issues in context, this report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th and 112th Congresses.

Details: Washington, DC: Congressional Research Service, 2012. 112p.

Source: Internet Resource: RL32842: Accessed August 27, 2012 at: http://www.fas.org/sgp/crs/misc/RL32842.pdf

Year: 2012

Country: United States

URL: http://www.fas.org/sgp/crs/misc/RL32842.pdf

Shelf Number: 126119

Keywords:
Gun Control (U.S.)
Gun Violence
Guns

Author: Krouse, William J.

Title: Gun Control Proposals in the 113th Congress: Universal Background Checks, Gun Trafficking, and Military Style Firearms

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 mass shooting in Newtown, CT, along with other mass shootings in Aurora, CO, and Tucson, AZ, has restarted the national gun control debate. Members of the 113th Congress could consider a range of legislative proposals, including several that President Barack Obama has announced his support for as part of his national gun violence reduction plan. The most salient of the President’s legislative proposals would (1) require background checks for intrastate firearms transfers between unlicensed persons at gun shows and nearly any other venue, otherwise known as the “universal background checks” proposal; (2) increase penalties for gun trafficking; and (3) reinstate and strengthen an expired federal ban on detachable ammunition magazines of over 10- round capacity and certain “military style” firearms commonly described as “semiautomatic assault weapons,” which are designed to accept such magazines. On March 21, 2013, Senator Harry Reid introduced the Safe Communities, Safe Schools Act of 2013 (S. 649). As introduced, this bill included the language of several bills previously reported by the Senate Committee on the Judiciary. Those bills included the Stop Illegal Trafficking in Firearms Act of 2013 (S. 54), the Fix Gun Checks Act of 2013 (S. 374), and the School Safety Enhancements Act of 2013 (S. 146). However, the Assault Weapons Ban of 2013 (S. 150) was not included in S. 649. From April 17-18, 2013, the Senate considered S. 649 and nine amendments that addressed a wide array of gun control issues, ranging from universal background checks to assault weapons. By unanimous consent, the Senate agreed that adoption of these amendments would require a 60-vote threshold. All but two of these amendments were rejected. However, a final vote was not taken on S. 649. This report provides an overview of federal firearms law and examines these gun control proposals and related amendments. While the House has not considered any of the gun control proposals debated in the Senate, on May 8, 2013, the House Committee on Veterans’ Affairs approved a bill, the Veterans 2nd Amendment Protection Act (H.R. 602), that addresses veterans, mental incompetency, and firearms eligibility.

Details: Washington, DC: Congressional Research Service, 2013. 42p.

Source: Internet Resource: R42987: Accessed July 8, 2013 at: http://www.fas.org/sgp/crs/misc/R42987.pdf

Year: 2013

Country: United States

URL: http://www.fas.org/sgp/crs/misc/R42987.pdf

Shelf Number: 129270

Keywords:
Gun Control (U.S.)
Gun Trafficking
Gun Violence
Trafficking in Weapons

Author: Stachelberg, Winnie

Title: Preventing Domestic Abusers and Stalkers from Accessing Guns

Summary: While opinions may differ as to the scope of the Second Amendment right to keep and bear arms, almost all Americans agree that criminals should not have access to guns. Congress recognized the need to keep guns out of the hands of dangerous people more than 40 years ago when it passed the Gun Control Act of 1968, which prohibited felons and other dangerous individuals from owning guns. The Supreme Court has also sanctioned restrictions on gun ownership by such individuals, repeatedly holding in recent decisions that such federal and state laws to prohibit gun ownership by criminals and other dangerous individuals are well within the bounds of the Constitution. One group of people who are at a heightened risk of gun attacks is women who are targets of domestic violence and stalking. We know that intimate-partner violence is a pernicious crime that affects millions of women across the country. Women are more than three-and-a-half times as likely to be killed by an intimate partner than men. In 2005, 40 percent of female homicide victims nationwide were killed by a current or former intimate partner, and guns were used in more than half of those murders. The lethality of domestic-violence incidents—and therefore the risk to women—increases exponentially when a firearm is present in the home: Having a gun in the home increases the risk of homicide of an intimate partner by eight times compared to households without guns. This risk of homicide increases by 20 times compared to households without guns when there is a history of domestic violence in the family. Congress has previously recognized the unique dangers posed by domestic abusers with guns. In the mid-1990s it enacted legislation to ban domestic-violence misdemeanants and individuals subject to some domestic-violence restraining orders from buying or possessing guns. But the current laws do not go far enough to protect women from the dangers presented by batterers and stalkers with guns. Federal law that is currently designed to protect women from gun violence suffers from four key weaknesses: ◾Background checks are not required on all gun sales, so domestic abusers prohibited from gun ownership can easily circumvent the gun-ownership ban by buying a gun from a private seller. ◾The federal limits on domestic abusers are too narrow because they omit abusers in dating relationships and abusers subject to some emergency restraining orders. ◾There is no federal ban on gun ownership for stalkers convicted of misdemeanor crimes and who are subject to restraining orders. ◾Federal, state, and local authorities do not adequately enforce the laws already in place by disarming and prosecuting domestic abusers who violate the current laws and maintain possession of firearms. This report examines all of these gaps in current law and law enforcement, and cites case examples of how each gap enabled domestic abusers and stalkers to obtain the guns they used to murder women. These weaknesses in federal law and law enforcement leave untold numbers of women vulnerable to gun violence committed by men who have harassed, stalked, threatened, and terrorized them, often for years. Congress must act to close these loopholes in the law and ensure that victims of stalking and domestic violence are not further victimized, looking at the end of a gun.

Details: Washington, DC: Center for American Progress, 2013. 14p.

Source: Internet Resource: Accessed August 19, 2013 at: http://www.americanprogress.org/wp-content/uploads/2013/05/GunsStalkersBrief-3.pdf

Year: 2013

Country: United States

URL: http://www.americanprogress.org/wp-content/uploads/2013/05/GunsStalkersBrief-3.pdf

Shelf Number: 129636

Keywords:
Abusive Men
Domestic Abuse
Gun Control (U.S.)
Gun Policy
Gun Violence
Stalking

Author: Krouse, William J.

Title: Gun Control Legislation in the 113th Congress

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 mass shooting in Newtown, CT, along with other mass shootings in Aurora, CO, and Tucson, AZ, restarted the national gun control debate. The Senate had considered a range of legislative proposals, including several that President Barack Obama supports as part of his national gun violence reduction plan. The most salient of these proposals would (1) require background checks for intrastate firearms transfers between unlicensed persons at gun shows and nearly any other venue, otherwise known as the "universal background checks" proposal; (2) increase penalties for gun trafficking; and (3) reinstate and strengthen an expired federal ban on detachable ammunition magazines of over 10-round capacity and certain "military style" firearms commonly described as "semiautomatic assault weapons," which are designed to accept such magazines. On March 21, 2013, Senator Harry Reid introduced the Safe Communities, Safe Schools Act of 2013 (S. 649). As introduced, this bill included the language of several bills previously reported by the Senate Committee on the Judiciary: (1) the Stop Illegal Trafficking in Firearms Act of 2013 (S. 54), (2) the Fix Gun Checks Act of 2013 (S. 374), and (3) the School Safety Enhancements Act of 2013 (S. 146). However, the Assault Weapons Ban of 2013 (S. 150) was not included in S. 649. From April 17-18, 2013, the Senate considered S. 649 and nine amendments that addressed a wide array of gun control issues, ranging from restricting assault weapons to mandating interstate recognition (reciprocity) of state handgun concealed carry laws. By unanimous consent, the Senate agreed that adoption of these amendments would require a 60-vote threshold. However, all but two of these amendments were rejected. But, a final vote was not taken on S. 649. While the House has yet to consider any of the gun control proposals debated in the Senate, on May 8, 2013, the House Committee on Veterans' Affairs approved a bill, the Veterans 2nd Amendment Protection Act (H.R. 602), that addresses veterans, mental incompetency, and firearms eligibility. This bill would narrow the grounds by which beneficiaries of veterans' disability compensation or pensions are determined to be ineligible to receive, possess, ship, or transfer a firearm or ammunition because a fiduciary has been appointed on their behalf. The Senate Committee on Veterans' Affairs approved a nearly identical bill (S. 572) on September 4, 2013. In addition, in December 2013, Congress approved a 10-year extension of the Undetectable Firearms Act of 1988 (H.R. 3626; P.L. 113-57). In July 2014, the Senate considered the Bipartisan Sportsmen's Act of 2014 (S. 2363) that included several provisions intended to promote hunting, fishing, and recreational shooting. Supporters of gun rights or gun control filed a score of amendments. When a cloture motion was defeated on July 10, 2014, the Senate leadership postponed further consideration of S. 2363. The House Committee on Appropriations approved an FY2015 Interior appropriations measure (yet to be filed) on July 9, 2014, that includes provisions which are similar, but not identical, to those included in S. 2363. The House passed an FY2015 Energy and Water Development Appropriations bill (H.R. 4923) on July 10, 2014, that includes a provision that addresses civilian carry of firearms on public properties managed by the Army Corps of Engineers. The Senate has passed a companion bill (S. 1245), but it does not include a similar provision. In addition, the House amended and passed an FY2015 District of Columbia appropriations bill (H.R. 5016) on July 16, 2014, with a provision that would prohibit the use of any funding provided under that bill from being used to enforce certain District gun control statutes.

Details: Washington, DC: Congressional Research Service, 2014. 45p.

Source: Internet Resource: R42987: Accessed August 22, 2014 at: http://fas.org/sgp/crs/misc/R42987.pdf

Year: 2014

Country: United States

URL: http://fas.org/sgp/crs/misc/R42987.pdf

Shelf Number: 133078

Keywords:
Firearms
Gun Control (U.S.)
Gun Violence
Gun-Related Violence
Guns