GUN CONTROL By Delaram Takyar
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GUN CONTROL
By Delaram Takyar
INTRODUCTION power and allow for the infringement of civil
liberties. Thus, instead of opting to rely on a
Since its ratification in 1791, perhaps no standing army, the colonists chose to develop a
part of the Bill of Rights has instigated as citizen’s militia to protect themselves from
much debate as the Second Amendment – “the outside threats as well as the possible abuses
right to bear arms.” The relative importance of of their own government.
the wording of the amendment, the most Members of these militias were men
effective way to adapt it to our modern times, between the ages of 18 and 45, most of whom
as well as the exact intentions of the founding had only received limited training and served
fathers are just a few of the many topics in this for a few months each year. All such eligible
area that have triggered fervent discussions males were required by law to own guns to
and disagreements among lawmakers for support the local militia. Interestingly,
decades. however, certain groups, such as Catholics and
indentured servants, were completely banned
EXPLANATION OF THE PROBLEM from possessing such weapons – creating a
distinct divide among the population.
Historical Background As the presence of British troops in the
America became more intrusive, the colonists
Before discussing the continued relevance grew continuously more suspicious of standing
of the issue of gun control, it is important to armies and British military presence generally.
first understand the origins of the Second The current staunch belief among many that
Amendment and the history of the gun control the government should not be able to take guns
debate in America. away from the people stems from this time
period – when British soldiers led widespread
The Years Prior to the Passage of the Bill of seizures of American firearms and
Rights: Guns in the American Colonies ammunition.
Though owning a gun was a common
Prior to the Revolutionary War, the practice in the colonies, both before and after
American colonies faced numerous threats the Revolution, the distribution of firearms
from the Spanish, the French, and Native was heavily controlled. In fact, well into the
Americans. Having immigrated or descended 19th century, the government continued to
from immigrants of European nations, conduct gun censuses, collecting information
colonists were inherently suspicious of regarding the number, location, and condition
standing armies, which in some nations had of every gun throughout the country.
been used to deprive civilian governments of
1HARVARD MODEL CONGRESS SAN FRANCISCO 2014
The Second Amendment Representatives passed the final wording of
the Second Amendment to guarantee a
After the American Revolution, the distrust protected right to serve in militias. It read:
of standing armies prevented the development
of a provision for such an army in the first “A well regulated militia, being necessary
constitution of the United States, the Articles to the security of a free State, the right of the
of Confederation. Because of the general people to keep and bear arms, shall not be
ineffectiveness of the Articles of infringed.”
Confederation in governing the nation, when
representatives met for the Constitutional Transitioning From the Old to the New
Convention in 1787, they made the decision to
draft a wholly new constitution – one that As the 18th century came to a close, state
included provisions for both a militia and a militias grew to be irrelevant and became
standing army – signaling a recognition by the obsolete. Firearms were scarce because of the
founding fathers that the disorganization that cost associated with purchasing and
accompanied the militia system rendered it maintaining them, and most eligible men
ineffective as the primary means of defending failed to arm themselves and attend the
the nation. They decided to preserve the required militia training.
existence of militias alongside a standing army After proving to be essentially useless in
to ensure that the people could effectively the War of 1812, the reputation of militias was
rebel against an oppressive government if irreparably harmed, and by the 1840s they had
necessary. completely faded from the American military
Because of the volatile and pervasive system. The government began, instead, to
disagreements during this time between the rely exclusively on a professional army, with
federalists, who wanted a strong national trained volunteers and a select militia, known
government dictated by the new Constitution, as the National Guard.
and the anti-federalists, who believed in the After decades of little debate surrounding
importance of decentralization in governing, the legal role of militias, in 1903, at the behest
the Bill of Rights was adopted in 1791 as a of President Theodore Roosevelt, Congress
means of ensuring the important liberties passed the Militia Act, which legally
would be protected despite centralized recognized the National Guard as a wholly
government control. The initial text of the separate entity from the unorganized militia. A
proposed Second Amendment read as follows: little over a decade later, the National Defense
Act classified the National Guard as part of
“The right of the people to keep and bear “the Regular Army,” thus completely
arms shall not be infringed; a well-armed, and eradicating any vestige of the old militia
well-regulated militia being the best security system.
of a free country: but no person religiously
scrupulous of bearing arms, shall be compelled Important Court Decisions in the 19th and 20th
to render military service in person.” Century
But after a relatively limited amount of Compared to other parts of the Bill of
debate surrounding whether the allow for Rights, there have been relatively few rulings
religious objectors to opt out of serving in a that have dealt exclusively with the Second
militia as well as the relationship between Amendment. The most significant early
liberty and standing armies, the House of rulings are covered here. It is important to note
2 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
that the rulings all emphasize the connection Second Amendment did not serve a major role
between the Second Amendment and militias – in gun politics prior to the 20th century.
denying the protection of an unregulated Starting in the mid-1900s, however, a number
private right to possess firearms. of divergent views began to develop in the
1) United States v. Cruikshank (92 U.S. debate on guns in the United States. For the
542; 1876) – the first Supreme Court case on first time in 1960 an article was published in a
the Second Amendment dealt with the issue of law review claiming that the Second
discrimination. Cruikshank and two other Amendment grants every citizen an
defendants were charged with depriving unequivocal right to own a gun for personal
African-Americans of firearm possession. The self-defense.
Court found that the Second Amendment Others in the 20th century began to reason
allows for some degree of federal firearm that the founding fathers intentionally used the
regulation and that the Second Amendment is phrase “bear arms” to signify a distinct
not incorporated (meaning that the Court individual right to own weapons that could be
declined to apply the freedom guaranteed by carried (as opposed to larger weapons such as
the Second Amendment to the states). cannons).
2) Miller v. Texas (153 U.S. 535; 1894) – Another, more extreme, view known as the
Reaffirming its former ruling in Cruikshank, “right to revolution” also developed. This
the Court found that a Texas law which idea relates to the Second Amendment’s role
prohibited the carrying of dangerous weapons in ensuring that citizens are able to revolt
was not in violation of the Second against their government if they see fit to do
Amendment. so. Those who uphold this view argue that the
3) United States v. Miller (307 U.S. 174; Civil War is an example of a situation in
1939) – This is perhaps the most important which individuals who felt that they were
Court decision on gun rights during this time being treated unfairly by their government
period. In this case, Jack Miller and Frank were able to revolt in part because of the
Layton, who had been convicted under the Second Amendment’s role in ensuring their
National Firearms Act of 1934 for access to firearms. Others argue, however, that
transporting an unregistered shotgun across a right of revolution implies the act of carrying
state lines, challenged that act’s out violence against the government. Because
constitutionality. The Supreme Court reversed the Bill of Rights is a part of that government,
an earlier federal district court ruling by one would be rebelling against it as well and
finding against Miller and Layton – rendering therefore could not claim protection under it.
the act and firearm regulation to be
constitutional. This case was particularly The National Firearms Act of 1934 and the
significant because in his opinion, Justice Introduction of Second Amendment Rhetoric
McReynolds cited the lack of a tenable link
between the possession and transportation of a The National Firearms Act of 1934 was the
shotgun and the preservation of a “well- first piece of major legislation passed by
regulated militia.” Congress to regulate guns. The bill did not ban
weapons, but instead levied a $200 tax on the
The Gun Control Debate in the 20th Century transfer of a gun from one person to another.
Aside from leading to the historic Supreme
Though the Second Amendment has Court ruling in United States v. Miller, the
always been seen as a symbol for the right to passage of this legislation also marks the
possess guns, court actions relating to the
GUN CONTROL – 3HARVARD MODEL CONGRESS SAN FRANCISCO 2014
turning point for the role and mission of the 2) Raising the age at which one can legally
National Rifle Association (NRA). purchase handguns from a federally licensed
The NRA was initially founded in 1871 by dealer to 21
newspaper editor William Conant Church and 3) Expanding the licensing requirements to
General George Wood Wingate of the Union more gun dealers
army, both of whom were distraught by the 4) Requiring more detailed record-keeping
poor marksmanship of Union soldiers in the
war. The association’s purpose at its founding The Firearm Owners Protection Act of 1986
was to improve rifle aim.
After the passage of the 1934 National One of the first pieces of major anti-
Firearm Act, the NRA created a legislative control legislation, the Firearm Owners
branch within its organization. However, Protection Act of 1986, prohibited the Bureau
contrary to what we might expect today, the of Alcohol, Tobacco, and Firearms (ATF)
NRA at that time used its political capital to from inspecting a single gun dealer more than
lobby in favor of the National Firearm Act, not one time each year, and only allowed for
against it. For the following decades it follow up inspections if previous violations
remained, primarily, however, an organization had been found. The law also forbade the
dedicated to promoting the interests of hunters government from creating a national registry
and target shooters. It was not until 1975, amid of guns – a rule that is still in effect today.
continuously increasing gun control, that the While giving gun dealers more leeway, it
NRA amended its mission statement and simultaneously banned civilian ownership of
began to avert resources toward a more machine guns manufactured after 1986.
political agenda – focusing on opposing
measures that would limit access to firearms. The Brady Law
After that transformation, the organization
spearheaded the effort to introduce language Though the 1968 law was a monumental
citing the Second Amendment as a piece of legislation in changing the sale of
constitutional guarantor of an individual’s guns in America, it was not properly enforced
right to bare arms (regardless of that person’s until 1993, with the passage of The Brady
link to a militia). Handgun Violence Prevention Act of 1993,
more commonly known as The Brady Law.
The Gun Control Act of 1968 The main focus of the pro-gun control
lobby between 1987 and 1993 was to enact a
The Gun Control Act of 1968 was passed national waiting period for handgun purchases.
as part of President Lyndon B. Johnson’s A group known as Handgun Control, Inc.
Great Society. Its passage was hastened due to (HCI) led this political faction and sought to
the assassinations of President John F. create a waiting period to allow for sufficient
Kennedy, Robert Kennedy and Rev. Martin time for officials to conduct a background
Luther King, Jr. The act became the primary check to avoid prohibited individuals (felons,
law regulating guns and included several the mentally ill, drug users, etc.) from
provisions, including, importantly: purchasing a gun and to prevent individuals
who spontaneously decide to buy a firearm
1) The prohibition of convicted felons, when experiencing impulsive emotions from
drug users, and the mentally ill from buying being able to immediately purchase one. From
firearms the 1930s until the 1970s, when they
drastically changed their mission statement,
4 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
the NRA supported such legislation and was passed included the following important
actually helped the District of Columbia draft provisions:
a rule to create a 48-hour waiting period. 1) A mandatory five-business-day waiting
One of the main advocates for stricter gun period. This clause would expire after five
regulations, and the namesake of the eventual years (in 1998), after which only instant
Brady Bill, was James Brady, the former background checks would be conducted. The
White House Press Secretary to President instant checks would be administered by the
Ronald Reagan. Brady’s life was transformed FBI’s National Instant Criminal
in 1981 as a result of the assassination attempt Background Check System (NICS) and were
on President Reagan’s life. Brady narrowly to be completed within three days.
survived, but was left disabled and with 2) If an applicant had been convicted of a
slurred speech. This experience motivated him crime with a sentence of one year or more, if
to seek stricter gun regulations and, along with there was a restraining order against the
his wife, he started to lobby for a national applicant because of violence, if he or she had
waiting period. been arrested for selling drugs, if he or she was
In 1987, a Democratic senator and a an undocumented immigrant or was certified
Democratic representative both introduced a as mentally ill, the application would be
version of the Brady Law into their respective rejected
chambers of Congress. The NRA acted as a 3) An annual $200 million grant would be
major opponent of the bill – arguing that it made to states to upgrade their computer
would not prevent criminals from obtaining system for running background checks
firearms and would instead only act as an automatically
unnecessary barrier to those who wanted to Despite the fact that there is no longer a
and had a right to purchase a gun. The NRA federally mandated waiting period, nineteen
self-admittedly spent between 1.5 and 3 states have enforced their own, including
million dollars lobbying against the Brady California, Connecticut, Florida, and New
Law. It was in this time that the power of the York (for the full list, see state-mandated
NRA expanded tremendously and some waiting periods in the glossary section
representatives who privately admitted support below).
for the legislation voted against it because of
the difficulties that came with publicly Criticism Surrounding the Brady Law
opposing the NRA.
Two years after the initial vote, the House After its passage, the Brady Law continued
and Senate each passed different versions of to face criticism from groups such as the NRA,
the Brady bill – the House version called for a not primarily on Second Amendment grounds,
seven-day waiting period, while the Senate’s but rather because they viewed it to be a
called for only five days. At the same time, violation of states’ rights. In fact, despite what
President Bush threatened to veto the bill is commonly believed, the debate surrounding
unless it was attached to a larger crime bill that gun control, especially in the 20th century, very
he approved of. often pertained to the issue of federal versus
Finally, after a House-Senate conference states’ rights, as opposed to purely relating to
where a compromise was reached regarding the Second Amendment.
the waiting period time, and a new president It is important to note that aside from
was inaugurated, Congress passed the final criticism that the Brady Law violated states
version of the Brady bill. President Clinton rights, there was and still is a great deal
signed it into law in 1993. The version that ongoing criticism regarding the effectiveness
GUN CONTROL – 5HARVARD MODEL CONGRESS SAN FRANCISCO 2014
of the law. First, it allows for what is often attention and caused people to question how
referred to as the gun show loophole – Purdy, who was known to have a problem with
meaning that it only mandates background alcohol and drugs and had committed criminal
checks and, formerly, waiting periods, for offenses in the past, had been able to purchase
licensed dealers. Therefore, a background an AK-47 in Oregon. A clear failure of the
check is not required if an individual buys a system of background checks, the senseless
gun from a gun show, flea market or another deaths triggered widespread consideration of a
unregulated private seller (including a family ban on semiautomatic weapons.
member). There have been three major In developing this legislation lawmakers
attempts to close the gun show loophole in faced the challenge of defining what type of
1999, 2000 and most recently, in 2013, but all gun specifically would fall into the category of
failed after overwhelming opposition by pro- “semiautomatic” or “fully automatic.” The
gun rights groups such as the NRA. final consensus was that a semiautomatic
In the years immediately after its passage, weapon is technically one that fires a round
there was also considerable criticism regarding with each pull of a trigger. This definition was
the lack of enforcement of the Brady law. problematic in the eyes of pro-gun rights
Though between 1993 and 2000, the law groups, however, because certain hunting
resulted in 600,000 fewer handgun sales, rifles fall into this category (see
critics noted that the government failed to semiautomatic weapons in the glossary
prosecute many others who violated the law. section for further details regarding the
Resultantly, the Clinton administration heavily specific definition of these firearms). A fully
expanded the manpower of the Bureau of automatic weapon, on the other hand, fires a
Alcohol, Tobacco, and Firearms (ATF) – continuous stream of bullet as long as the
adding more agents to effectively enforce the trigger is being pressed.
law. Between 1989 and 1993, various
versions of assault weapons bans were debated
The Assault Weapons Ban in both the House and Senate, with none being
successful due to the controversial nature of
In January 1989 a new kind of violence the legislation and the difficulty surrounding
erupted in Stockton, California. Though the classification of weapons. Finally, in
homicide rates were an ongoing problem September of 1994 the Assault Weapons Ban
throughout the 1980s, the mass shooting that was passed as part of the Violence Crime
took place in a schoolyard pushed the issue of Control and Law Enforcement Act of 1994.
gun control to the forefront of the political In its final form, the law banned the
debate in a wholly new way. possession of 19 specific assault weapons and
On January 17th, Patrick Purdy, a 25 year other copycat models for ten years. It expired
old former Stockton resident who had been in 2004, and though there have been numerous
arrested for a series of crimes including an attempts to renew it or pass new assault
armed robbery and drug possession, entered weapons ban legislation since, Congress has
Cleveland Elementary School with a Chinese not been successful in reaching a compromise
version of an AK-47 and fired 106 rounds. In on this issue. The 1994 version outlined three
three minutes Purdy killed five children categories of semiautomatic assault weapons:
between the ages of six and nine and wounded 1) Rifles – banned if had the ability to
thirty others. accept a detachable magazine and
Now known as the Stockton school possessed at least two other
massacre, this incident captured the nation’s characteristics of assault weapons
6 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
2) Pistols – same as rifles the prestige of the NRA waned after the
3) Shotguns – banned if possessed at least bombing, their philosophical standpoint
two characteristics of assault weapons remains an important one, as many groups and
The law also banned large capacity individuals continue to believe that the Second
ammunition feeding devices. Amendment is the final guarantor of protection
One main concession granted to from a potentially over-intrusive government.
Republicans was that the final version named
661 weapons that were specifically exempted Recent Developments
from the law. Other concessions included a
provision that ensured the law did not apply to Since the mid-1990s the debate on gun
guns that had been manufactured prior to the control has taken a completely new direction,
passage of the law and allowing for the because the Supreme Court has released
continued import of assault weapons made numerous landmark decisions and mass
before 1994. shootings have evoked continuous debate on
Despite years of struggle and background checks and assault weapons.
compromise, the final version of the Assault
Weapons Ban faced much criticism – pro-gun 21st Century Court Decisions
rights groups felt that it was too prohibitive
while pro-gun control groups viewed it to be a In the past 15 years, new Supreme Court
far too watered down version of what it should decisions have changed the nature of gun
have been. control in America. Rulings on the District of
Columbia handgun possession ban, the
The New Militia Movement Commerce Clause and school zone restrictions
have led to a wholly new 21st century
Angered by the passage of the Brady Law discourse on the issue of guns.
and the Assault Weapons Ban, a number of
neo-militia groups began to form in the early A. United States v Lopez and the Commerce
to mid-1990s. These groups were dedicated to Clause (1994)
preparing for a new revolution called “the new
patriot movement.” By 1995 there were In 1994, the Supreme Court ruled on
around 850 groups with an estimated total of whether Congress had power under the
20,000 members. The self-declared purpose of Commerce Clause to pass the Gun-Free
the groups was to stand in opposition to the School Zones Act of 1990. That piece of
government and fight any action they viewed legislation made it illegal to knowingly
as being an infringement on their liberties. possess a firearm at any place that a person is
They referred to the Second Amendment’s aware is a school zone.
militia clause as evidence that they had an In the case, Antonio Lopez, a high school
undeniable right to engage in such activities. student in San Antonio, Texas had carried a
The popularity of the militia groups was concealed weapon into his school. Though the
severely diminished after the well-known state charged him under Texan law banning
Oklahoma City bombing, in which Timothy firearm possession on school grounds, the
McVeigh and Terry Nichols, both members of charges were dropped after federal agents
a militia group, bombed a government charged Lopez for violating the School Zones
building in Oklahoma City to express their Act. Lopez was sentenced to six months
outrage at recent gun control legislation. imprisonment and two years’ probation
Though the popularity of the groups as well as thereafter.
GUN CONTROL – 7HARVARD MODEL CONGRESS SAN FRANCISCO 2014
After his appeal, the Supreme Court ruled was being used for lawful purposes such as
that the 1990 Gun-Free School Zones Act was self-defense. The opinion, delivered by Justice
unconstitutional because it exceeded Antonin Scalia, marked the first time the
Congress’ power to legislate under the Supreme Court had ruled that such a right was
Commerce Clause. In his opinion, Justice protected under the Second Amendment.
Rehnquist reasoned that possessing a gun on
school grounds is not an economic activity and C. McDonald v. Chicago (2009)
does not have a substantial effect on interstate
commerce. This ruling effectively limited the In another landmark decision released in
ability of Congress to pass legislation limiting 2009, the Supreme Court reaffirmed its
gun possession on the basis of the Commerce previous ruling in Heller, and went on to
Clause. incorporate the Second Amendment – making
it applicable to the states.
B. District of Columbia v. Heller (2007) Because the District of Columbia is under
federal jurisdiction, the Heller ruling had not
District of Columbia v. Heller marked extended the decision to the states – it had
the first time since 1939 (in United States v. merely ruled that the Second Amendment
Miller) that the Supreme Court heard a case protected this right in areas only under federal
focusing on the connection between the jurisdiction, meaning that states could impose
Second Amendment and individual gun rights. their own legislation overruling the decision.
This landmark decision remains one of the A ban similar to the one imposed in D.C.
most important rulings regarding gun control was passed as law in Chicago, and led to a
that has ever been made. constitutional challenge demanding that the
The case surrounded the constitutionality rights recognized by the Second Amendment
of the District of Columbia’s gun control law, be extended to individual states.
which had banned the possession of all Justice Alito delivered the opinion of the
handguns, required licenses for all pistols, and Court, arguing that in Heller the Court had
mandated that all other legal firearms be kept ruled that the Second Amendment protected
unloaded or with their trigger locked. This law fundamental rights and because of that
spurred a great amount of debate and uproar, holding, the ruling applied to the states.
especially among pro-gun lobbyists.
A group of private gun-owners filed a suit Mass Shootings in Recent Years
against the District of Columbia claiming that
the law had violated their Second Amendment In the past 62 years there have been at least
rights. When the case reached the Supreme 30 mass shootings in America. Most of the
Court the main question that was being perpetrators in this shooting obtained their
considered was whether the D.C. code was weapons legally, leading to a continued
violating the Second Amendment rights of reconsideration of the laws regulating access
individuals who were not part of any sort of to firearms. One of the most well known of
militia – essentially it was asking whether these tragedies, the Columbine High School
there was a private right to possess firearms. Massacre, took place in 1999 and sparked
The court released a highly controversial much debate about gun control laws, and
5-4 decision; ruling that the Second specifically, youth gun violence. High school
Amendment did, in fact, protect an individual students Eric Harris and Dylan Klebold killed
right to possess a firearm, regardless of 12 of their fellow students and one teacher on
affiliation with a militia, as long as the firearm April 20th. Though it did not lead to the
8 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
passage of new federal legislation, the Court rulings regarding the individual right to
Columbine High School Massacre marked one possess firearms, the persistence of mass
of many instances where the nation began to shootings and homicides has spurred
reconsider the possibility of the existence of a continuous debate about the most effective
“cultural of violence” and its influence on way to diminish violence. There is a lingering
youth actions. disagreement between the pro-gun control
More recently, two other incidents both led lobby and those who staunchly oppose any
to a very strong reaction among the general sort of legislation that could potentially limit
public and lawmakers. The first, the Tucson access to firearms. Currently, the main issues
Shooting in 2011, took place when 22-year- considered by lawmakers surround reforming
old Jared Loughner open fired on a crowd the background check system, controlling
outside of a local grocery store where assault weapons, and researching the link
Congresswoman Gabrielle Giffords (D-AZ) between gun control and violence more
was holding a constituent meeting. He killed extensively. These possible solutions will be
six people and injured 14 others, including covered more thoroughly later on.
Giffords. Since then, the former
congresswoman has become a leading Congressional Action
crusader in the gun-control movement, and
often speaks publicly about her personal After the Sandy Hook Elementary
experience and the need for heightened gun School Shooting, President Obama called on
control. Congress for immediate legislative action, in
The other recent incident, the Sandy Hook hopes of preventing another such incident
Elementary School Shooting, also known as from happening. Along with Democratic
the Newtown Shooting, led to an leaders, he drafted a legislative package to
unprecedented public outcry as news outlets expand background checks on firearm sales
broadcasted the horrific tragedy – which and ban certain semi-automatic weapons that
involved the death of numerous young were modeled after military assault weapons.
children. The incident took place in Newtown, In January of 2013, President Obama released
Connecticut, where the killer, Adam Lanza, this legislative proposal. It included the
had grown up and lived. following measures:
On December 14th, 2012, Lanza forced his • Closing the “gun show loophole” and
way into the elementary school and killed 20 requiring criminal background checks for
first grade students, as well as six staff all gun sales
members, including the school principal. In • Passing another, more stringent assault
less than five minutes, Lanza fired 155 shots, weapon ban similar to the one that was in
prompting debate on a new assault weapons place from 1994 until 2004
ban on firearms with more than ten rounds of • Limiting ammunition magazines to 10
ammunition. The Newtown Shooting is the rounds
second most deadly mass shooting that has • Increasing criminal penalties for straw
ever taken place in American history. purchasers
• Confirming the nominee for Director of
The Modern Gun Control Debate the ATF (the bureau has not had a
director since 2006 because of continued
As the gun control debate has evolved in effort by the anti-gun control lobby to
recent years, a few issues have moved to the postpone the confirmation of any
forefront of discussion. Despite Supreme candidate)
GUN CONTROL – 9HARVARD MODEL CONGRESS SAN FRANCISCO 2014
• Providing grants to create and expand effective background checks and mental health
mental health programs for youth programs in schools.
When conducting research on your own
Various forms of bills aiming to representative, keep in mind that the region
accomplish the aforementioned goals were they represent largely colors their stance on
debated in both the House and Senate. In the Second Amendment. Because it is a highly
April, however, the Senate voted down divisive issue, constituent opinion as well as
versions of the bills that had been passed with lobbyist backing is critical in the gun control
compromises and amendments in the House. debate.
The three major bills that were voted on A very important issue for Republican
focused on background checks, the mental supporters of gun rights is the right to carry a
health system, and gun trafficking. concealed weapon. Currently, states legislate
The American public recognized this their own concealed carry laws and the
defeat it as a serious blow for President Obama conservative standpoint, for the most part, is
and a victory for the NRA and Republican that this right should be expanded as it is
leaders in Congress. The media attributed the protected under the Second Amendment.
failure to various factors such as the filibuster,
the disproportionate power of small states, the Liberal View
way President Obama alienated the
Republican Party, and the asymmetric The Democratic Party platform does not
polarization that pushed many congressmen deny a Second Amendment right to possess
and women of the Republican Party to the far firearms, and in fact, affirms that such a right
right. exists. However, it calls for “reasonable
regulation” of guns to diminish violence. The
FOCUS OF THE DEBATE main focuses of the Democratic Party are to
develop a better background check system,
Conservative View close the “gun show loophole,” and pass an
updated assault weapons ban.
For the most part, members of the The goal of most liberal lawmakers is not
Republican Party more strongly support the banning the possession of guns by ordinary
individual right to possess guns than members Americans but rather preventing those who
of the Democratic Party, and seek diminished should not legally possess guns (those who
regulation of firearms. Over the past ten years, have been convicted of a crime in the past,
the official party platform has reaffirmed their have a history of mental illness or substance
stance that the Second Amendment protects abuse, etc.) from being able to obtain them.
this right and that individual gun ownership is In the most recent effort to pass new
necessary for self-defense. They also oppose legislation, Democratic leaders spearheaded
national gun registration and federal licensing the effort to pass various major reforms that
of gun owners – believing that both of these were all ultimately defeated by Congress.
issues are under state jurisdiction. They primarily believe in passing
Of course, various conservative lawmakers legislation that mandates child safety locks on
differ on their opposition to gun control guns and requiring a photo ID, background
measures, and stances range from a complete check, and gun safety test from every gun
opposition to any sort of legislation that might purchaser, regardless of whether the gun is
limit access to firearms, to a readiness to being bought from a private seller or not. Part
accept limited legislation that allows for more of the policies supported by Democrats include
10 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
a national registry of gun ownership and
implementing new mental health programs in The National Rifle Association (NRA)
schools to prevent further gun violence in the
future. The NRA is the largest, oldest and most
well-known anti-gun control interest group in
Presidential View Washington. Its influence over gun legislation
is unparalleled by any other such lobbying
After the Newtown school shooting, group.
President Obama led a nationwide campaign to As discussed previously, the NRA was
pass new gun control reform and made such founded as an organization to improve target
legislation a priority in the first year of his shooting, and expanded to promoting all
second term in office. Aside from proposing shooting sports in the early 1900s. Starting in
the legislative agenda discussed above, he also the mid-1950s, the NRA began to take on a
issued 23 executive orders. Though the major role in civilian firearms training –
effectiveness of the orders has been questioned training private gun owners and competitive
since they were issued, their overarching aim shooters. In these years, the organization also
reflects his stance on the topic of gun control. largely supported legislation aimed at
The major executive orders included the improving gun safety or regulating gun sales.
following: In 1975, seven years after the passage of
• Requiring federal agencies to make the Gun Control Act of 1968, which, among
relevant data available to the federal other things, banned mail order sales of guns
background check system and ammunitions, the NRA grew concerned
• Improving incentives for states to share about the increasing restrictions on gun
information with the background check possession and therefore revitalized its
system legislative arm and formed its Institute for
• Launching a national campaign on safe Legislative Action (ILA). This interest in
and responsible gun ownership becoming a more political group caused a rift
• Explaining that the Affordable Care Act among members and the Board of Directors
does not prevent doctors from asking between those who wanted to transform the
patients about guns in their homes NRA into an organization that sought to
expand the mission to include other outdoor
• Developing model emergency plans for
sports and those who wanted to expand it to
schools
focus on lobbying for gun rights. Eventually,
the latter group gained control and between
President Obama does believe that there is
1968 and the mid-1980s the NRA effectively
a Second Amendment right to bear arms, but
put a stop to almost all attempts at stricter
seeks to pass legislation that will make gun
federal gun control.
possession safer and prevent future mass
From that point forward, the NRA and its
violence. To diminish gun violence, President
members have continuously fought to prevent
Obama’s seeks to expand research on gun
any sort of limit or regulation on gun
violence, strengthen the background check
possession and have dedicated themselves to
system for gun sales, pass a new ban on assault
combatting what they believe to be an attack
weapons, and provide better mental health
on Second Amendment rights by the federal
treatment to youth.
government.
The NRA is highly effective at leading
Interest Group Perspectives
letter-writing campaigns, fundraising for
GUN CONTROL – 11HARVARD MODEL CONGRESS SAN FRANCISCO 2014
congressmen and women who support its The organization only supports politicians
cause, and lobbying to gain the support of that it believes are aggressive enough on the
lawmakers. issue of gun control. For example, they refused
Its views on guns are aligned, for the most to endorse Senator John McCain (R-AZ) in his
part, with the conservative view. The group 2008 presidential bid. They did, however,
seeks to lessen restrictions on gun possession support Tex Cruz’s (R-TX) senatorial bid in
and sales, wants to limit background checks 2012.
when they impose an unnecessary barrier to
the legal purchase of a gun (it fought actively The Brady Campaign to Prevent Gun Violence
against the Brady bill’s waiting period and the Brady Center to Prevent Gun Violence
provision), wants to expand concealed carry
laws to make it legal throughout the nation, The Brady Campaign and its subsidiary,
and stands firmly opposed to a renewed the Brady Center, though nowhere near as
version of the assault weapons ban. large and powerful as the NRA, are together
the strongest pro-gun control interest groups.
Gun Owners of America (GOA) The Brady Campaign began as Handgun
Control, Inc., a relatively small interest group,
In comparison with the Gun Owners of but was expanded because of the campaign to
America, the NRA is a relatively moderate pass the Brady bill. After the assassination
gun rights group. The two organizations are attempt on President Reagan’s life, which
actually actively opposed to one another injured his press secretary, Jim Brady, Jim
because members of the GOA believe that the Brady’s wife, Sarah Brady, led the effort to
NRA does not take a firm enough stance pass the Brady bill and became the Chair of
against gun control measures and Handgun Control, Inc. In a few years, she
compromises too readily with lawmakers. transformed it into a powerful and effective
The GOA believes that the Second organization after her and her husband helped
Amendment grants an individual right to own achieve the organization’s most resounding
firearms and also believes that it is important victory – the passage of the Brady bill.
for citizens to be armed and ready to make war Since then, the Brady Campaign has
with their government if it becomes tyrannical. continued lobbying for new state and federal
Though much smaller in size and less gun control measures. Though it was losing
powerful than the NRA, the GOA does attract political power prior to 2012, the Newtown
around 300,000 members. shooting expanded the group’s membership
The GOA was founded in 1975 by state tremendously, as people became increasingly
Senator H.L. Richardson from California. interested in achieving stronger gun
Richardson was previously on the NRA’s regulations.
board of directors and though he remained Since then, the group has been focusing on
affiliated with the NRA for several years after lobbying for legislation that will improve gun
forming the GOA, he grew increasingly safety, supporting lawsuits against gun
dissatisfied with the NRA’s history of manufacturers, fundraising for lawmakers, and
compromise on key gun control issues. The garnering support for proposed bills such as
GOA prides itself on having a “no- the renewed assault weapons ban and other
compromise approach” to gun control and parts of President Obama’s proposed
since its founding, it has become the second congressional agenda.
most influential gun lobbying group in The Brady Campaign also seeks to educate
Washington. the public on new and proposed legislation
12 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
that could impact gun safety and gun sponsored by six Democrats and three
possession. It works to gain public support on Republicans, making it a uniquely bipartisan
issues such as more stringent concealed carry piece of legislation. It sought to establish
laws and closing the “gun show loophole.” nationwide mental health first aid programs to
The Brady Center, specifically, leads the provide greater care to those in need. Though
organization’s Legal Action Project, which it was not able to garner the support needed to
aims represent victims of gun violence in pass, future legislation could possibly be
lawsuits against manufacturers. modeled after certain provisions within the
bill.
POSSIBLE SOLUTIONS Another possible solution regarding mental
health is to expand the amount states receive
Though everyone agrees that it is for their mental health budget. The federal law
important to work towards decreased gun that determines mental health allocations for
violence, there are a number of very different states has not been reauthorized since 2000,
solutions proposed to achieve this goal. For the and pursuing this would help states construct
most part, Republicans promote fixing the new and improved mental health programs.
mental health system as a solution, as opposed Many Republicans in the wake of the
to limiting access to guns. They also seek to Sandy Hook Elementary School Shooting
allow for more concealed carry permits, began to argue for identifying and monitoring
because it is the view of some members of the those who suffer from a mental illness earlier
Republican Party that more guns will help on in their life as an alternative to expanding
prevent further violence by allowing for self- gun control measures. This could be achieved
defense. Democrats, on the other hand, while by providing funding for mental health
agreeing that the mental health system needs education and care in school systems.
to be improved, seek to also pass a new assault
weapons ban, close the gun show loophole, Legalizing Concealed Carry Weapons
create a national registry of guns, remove the
limitations on gun violence research, and One proposal that is generally only
improve the background check system. supported by Republican lawmakers is to
expand Second Amendment rights by
An Improved Mental Health System establishing a nationwide law protecting the
right to carry a concealed weapon. Currently,
After the Newtown Shooting in 2012, one concealed carry laws are legislated by
proposed piece legislation aimed to improve individual states, and as an individual travels
America’s mental health care system by to a new state he or she is legally obligated to
providing sufficient care to individuals like comply with the laws and licensing
Adam Lanza before they commit crimes and requirements of that state.
harm other individuals. Many mental health There are two possible ways to change the
experts at the time believed that had Lanza current concealed carry system to allow
been seeking proper care from a younger age, individuals to more easily obtain and travel
his mental status might have been very with concealed guns. One solution, which was
different and at the very least, he might have proposed in April by Senator John Cornyn (R-
been under closer supervision. TX) is to allow for “national reciprocity” –
The bill that was proposed, the Mental meaning that if an individual is legally
Health First Aid Act of 2013, was co- licensed to carry a concealed weapon in one
state, he or she can travel with it in any other
GUN CONTROL – 13HARVARD MODEL CONGRESS SAN FRANCISCO 2014
state, so that all states are obligated to law while still being almost the same as the
recognize the licenses from other states. original model.
Another, perhaps more drastic measure Though a new version of the ban failed to
would be to create a nationwide concealed be passed last year, it is still being pursued as a
carry law – streamlining the process to have major legislative goal by some lawmakers. A
one set of licensing requirements that would new ban would likely require a great deal of
permit individuals who obtain a license to compromise and bipartisan support, while
carry a concealed weapon in all states. simultaneously needing to address the
problems with the old ban that rendered it
Assault Weapons Ban somewhat ineffective.
Despite the difficulty encountered by Scientific Research
lawmakers in passing the 1994 Assault
Weapons Ban, the legislation was filled with One of the major problems surrounding
loopholes that rendered it largely ineffective. any new legislation regarding gun control is
Because assault weapons and large-capacity that very limited scientific research has been
magazines that were already in circulation conducted on gun violence and the most
were exempt from the law, 1.5 million guns effective ways to diminish it. Without a strong
were unaffected by the ban. Furthermore, the empirical basis, it is difficult for lawmakers to
number of “banned” weapons in circulation convince each other of the need to either
grew after the passage of the bill, because it control guns more heavily or allow for easier
remained legal to import those that had been access and less federal control. In 2004, a
manufactured in other countries before 1994 as report by the National Research Council found
well. These two factors, along with the that more research in the area would be crucial
challenge and compromise involved with to future legislation, but research has actually
developing an exhaustive definition for decreased since that time.
“assault weapon,” caused the former ban on Though it might seem like the simple
assault weapons to have little impact on crime solution is to invest in new research, lobbying
rates. groups such as the NRA actively block
For example, under the old law (which the research efforts and have successfully
Connecticut assault weapons ban is modeled restricted any access to the Department of
after) the gun that Adam Lanza used in the Justice’s data on guns used in crimes. Because
Newtown Shooting was legal. The law defines of the lack of available data, most institutions,
an assault weapons as “one able to accept a whether private or public, are hesitant to fund
detachable magazine and that includes at least new research which they are confident will not
two other combat-type features.” For rifles, the be very fruitful.
“combat-type features” can include a pistol A possible solution to this problem would
grip, a flash suppressor, or a grenade launcher. be to pass legislation granting more open
However, firearms that only have one of the access to data on gun violence while also
aforementioned features comply with the law. sponsoring federally funded unbiased research
In the years during which the national ban was examining gun violence and the efficacy of
in place, gun manufacturers began to make laws such as a new assault weapons ban or
weapons that were modeled after military-style more lax concealed carry policies.
assault rifles with just one accessory changed
– allowing the gun to legally comply with the Background Checks
14 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
One of the considerations borne out of the information about various buyers, making it
escalation of violence and the multiple mass difficult to quickly obtain correct information.
shootings that have taken place in recent years The NRA and many Republican
is whether there is a need to change lawmakers are concerned that creating such a
accessibility to guns. This could be achieved in registry would threaten the Second
various ways, but one of the main solutions Amendment and could be used by the
that lawmakers have been focusing on is government to confiscate firearms.
improving the system of background checks –
by requiring more stringent checks or making QUESTIONS FOR POLICYMAKERS
the process more thorough and efficient.
President Obama tried to have Congress pass As new legislation on gun control is being
such legislation in January 2013, but these drafted, policymakers need to keep a few
efforts failed after overwhelming opposition guiding questions in mind. The following are a
by gun-rights groups such as the NRA. few questions to prompt discussion on possible
One possible solution is to make the legislation that could be passed:
process of background checks more
automated. Currently, permits are given on • What exactly does the Second
paper cards and the system is often ineffective Amendment protect? How far can it be
and disorganized. President Obama’s main extended? What is the constitutionality
goal regarding background checks was to add of some of the recently proposed pieces
a provision to existing legislation to close the of legislation on gun control?
“gun show loophole,” which would mean that
• What is the most effective way to reduce
private sellers would be subject to the same
gun violence while protecting Second
laws as licensed gun dealers and could not sell
Amendment rights?
to individuals who have not passed a
• How much compromise is needed to
background check and do not meet permit
ensure the passage of legislation on such
requirements.
a divisive topic?
Creating a National Gun Registry • How can we achieve a balance between
state and federal rights in developing gun
control legislation?
Though it is one of the most staunchly
opposed measures by Republicans, many • Would it be easier to pass multiple pieces
Democrats are in favor of creating a of small legislation that aim to diminish
nationwide record of all gun transactions. gun violence instead of trying to pass a
They argue that this would make it easier for single, comprehensive bill?
law enforcement officers who are investigating • Why have some previous reforms been
a crime to track the weapon that was used. ineffective in preventing gun violence?
Currently, because the ATF is prohibited • Do we know enough about the link
from creating such a registry, when agents between guns and crime?
obtain a gun used in a crime, they begin
making phone calls to the manufacturer, the CONCLUSION
wholesaler, and the dealer – asking them to
provide information about the buyer of the gun The issue of gun control is one that
from their own records. Often, these lawmakers have continued to struggle with for
companies have closed and all that remains are decades, and as our technological capabilities
old boxes of hand-written cards with have expanded and modernized, so has the
GUN CONTROL – 15HARVARD MODEL CONGRESS SAN FRANCISCO 2014
violence accompanying guns. Because it is a • You can compare US gun policy and
highly controversial topic, it will take a great crime with other nations on this
deal of compromise and discussion to achieve interactive website
any true reform in this area. Gun rights and • Look at Democrat and Republican stance
gun control both have a polarizing effect on on gun control
lawmakers, and it is therefore often difficult to • This website provides great summaries
envision any possibility of passing legislation of Supreme Court cases, including the
that will help reduce violence whilst also facts of the case, earlier rulings, and a
having bipartisan support. It is important, as shortened version of the case summary
you consider the questions above, to remember • The White House website with
that while there is a great deal of disagreement information about President Obama’s
surrounding the Second Amendment and the gun control proposals
best way to protect the right to bear arms, as a • The National Rifle Association website
nation we do agree that less violence is a goal • The Brady Campaign to Prevent Gun
worthy of perpetually striving toward. Violence website
• Here is a detailed version of President
GUIDE TO FURTHER RESEARCH Obama’s executive actions and
legislative goals after Newtown shooting
Below is a list of some additional
resources you may look at in conducting your GLOSSARY
own research on gun control prior to the
conference. Assault Weapons Ban of 1994 – passed in
1994, this piece of legislation imposed a 10
Books year ban on certain types of semi-automatic
firearms manufactured after the bill’s passage
• The Right to Bear Arms, by Robert
Spitzer citizen's militia – a citizen’s militia is a non-
• Gun Control and Gun Rights, by professional army that is composed of ordinary
Constance Emerson Crooker citizens, unlike a professional standing army
• Living With Guns, by Craig Whitney with fully trained soldiers
• Lethal Logic, by Dennis Hennigan
• A Well-Regulated Militia: The Battle Columbine High School Massacre- One of the
Over Gun Control, by William Weir worst school shootings in American history –
on April 20, 1999, two high school students
• The Gun Control Debate, You Decide, by
Lee Nisbet entered Columbine High School and killed
twelve students and one teacher, wounded
Websites another 23 individuals and then committed
suicide
• The Washington Post has a summary of
concealed carry – concealed carry refers to the
all major events in gun control history
action of carrying a weapon out of sight while
here
in public
• Here is a timeline of all major mass
shootings that have taken place over past District of Columbia v. Heller – landmark
30 years Supreme Court decision that ruled that the
16 – GUN CONTROLHARVARD MODEL CONGRESS SAN FRANCISCO 2014
Second Amendment protects an individual, travel from one state to an another with a
fundamental right to possess weapons single permit
Gun censuses – A practice in the United States National Rifle Association- The largest and
from the Revolutionary period until the 19th most powerful gun rights organization in
century whereby the government counted and America. The NRA was initially formed as an
made note of the number, location and association to improve marksmanship skills
condition of every gun in the country but has since then transformed into a political
interest group which aims to limit the passage
Gun Owners of America –a pro-gun rights of gun control legislation
interest group founded in 1975 that is more
radically opposed to gun control than the neo-militia groups – part of the New Militia
National Rifle Association Movement, these groups are composed of
individuals who have formed their own
gun show loophole-this refers to a loophole in militias separate from government control to
current gun legislation that allows buyers to protect their right to revolt against the
purchase guns from private sellers without government if necessary
having to undergo a background check.
Though named after gun shows, this loophole right to revolution- A somewhat extreme view
extends to other private transactions such as that developed in the mid 20th century, the
those taking place at flea markets or between right to revolution refers to the individual right
family members to revolt against the government. The Second
Amendment is seen as an essential factor in
large capacity ammunition feeding devices – protecting this right.
feeding devices that can hold more than ten
rounds of ammunition Sandy Hook Elementary School Shooting- The
second deadliest mass shooting in American
National Firearms Act of 1934- first piece of history. On December 14, 2012, Adam Lanza,
major gun control legislation. This law a 20 year old resident of Newtown
imposed a tax on the transfer of machine guns Connecticut forced his way into Sandy Hook
and short-barrel firearms Elementary School and killed a total of 28
people (including himself).
National Instant Criminal Background Check
System (NICS) –created by the Brady Law, this semiautomatic weapons – assault-style
is the system through which background semiautomatic weapons are classified as those
checks are currently conducted. If licensed that fire a round with each pull of the trigger,
dealers do not receive a completed background have large clips holding 20-30 bullets, have
checks within three days of submitting an barrels that are less than 20 inches long, weigh
inquiry, they are free to proceed with the gun 6-10 pounds and were designed for military
transaction use. They also often have accessories such as
folding stocks, heat-dispersing shrouds,
"national reciprocity" – part of a possible for grenade launches, flash suppressors, pistol
reforming the concealed carry law, national groups and bayonet fittings.
reciprocity refers to having each state
recognize the concealed carry permits from standing armies – standing armies are
other states, allowing individuals to freely permanent armies with professional soldiers.
GUN CONTROL – 17You can also read
