Illegal Gun Policy in the United States:

Federal Gaps and State Legislative Contrasts

Nina E. VinikLegal Community Against Violence

Overview of Federal Gun Policy

Federal Regulatory Framework Governing Purchases and Sales of Firearms

• License required of gun manufacturers, importers and dealers (FFLs)

• Certain persons prohibited from owning firearms (felons, minors, persons with mental illness, etc.)

• Background checks on firearm transfers by FFLs to screen for prohibited persons

• ATF enforces gun laws regarding purchase and sale

Potential Gaps in Federal Gun Policy• No background checks on transfers by unlicensed sellers

(“private sale loophole”)• Gun shows are a particular concern – estimated to be

the source of over 10,000 trafficked guns every year

• No regulation of

50 caliber sniper rifles

Gaps in Federal Gun Policy

• No regulation of military-style

assault weapons (ban on assault weapons

expired in 2004)

Potential Gaps in Federal Gun Policy

• No consumer product safety oversight;

gun industry is exempt from Consumer Product Safety Act

• No safe storage requirements

Potential Gaps in Federal Gun Policy

• Incomplete records in the NICS database for background checks

• Omissions from the federal list of prohibited purchasers

• Limits on ATF’s enforcement capacity/authority• Restrictions on state and local administrative

and civil proceedings

Overview of State Gun Regulation

Role of State Regulation

• Fills gaps in federal law

• Addresses concerns of specific communities and regions

• Improves community health and safety

• Acts as a catalyst for broader reform

A Sampling of State Gun Laws

• State laws aimed at keeping guns out of the hands of dangerous individuals

• State laws aimed at attacking the sources of illegal guns

• State laws regulating civilian ownership of military-style weapons

• State laws ensuring access to firearm transfer information by law enforcement

Laws Aimed at Keeping Guns Out of the Hands of Dangerous Individuals

Policy Federal Law State Laws Florida Law State Laws in the SE Region (AL, GA, LA, MS, SC)

Background Checks at Gun Shows?

No 9 states (CA, CO, CT, IL, MD, NY, OR, PA, RI)

No No

State Reporting of Mental Health Info to NICS Database?

States encouraged to submit info to NICS

13 states (AL, CO, CT, FL, GA, IL, IA, KS, ME, MI, MO, VA, WA)

Court clerks send names to FDLE; FDLE authorized to disclose to NICS and other states

AL and GA require reporting of certain mental health info to NICS

Laws Aimed at Attacking the Sources of Illegal Guns

Policy Federal Law

State Laws Florida Law

State Laws in the SE Region (AL, GA, LA, MS, SC)

License Required for Gun Dealers?

Yes 17 states (AL, CA, CT, DE, GA, HI, IN, MD, MA, NH, NJ, NY, PA, RI, SC, WA, WI)

No AL, GA, SC license handgun dealers

Background Checks on Dealer Employees?

No 5 states (CT, DE, NJ, VA, WA)

No No

Mandatory Minimum for Illegal Gun Possession?

No 5 states (KY, MD, MA, MN, NY)

Sentence ranges from no prison to 5 years

AL, GA, SC: no prison – 1 year

LA, MS: no prison – 6 months

Laws Ensuring Access to Firearm Transfer Information by Law Enforcement

Policy Federal Law

State Laws Florida Law

State Laws in the SE Region (AL, GA, LA, MS, SC)

Firearm Transfer Records Reported to Law Enforcement?

No 10 states (AL, CA, CT, MD, MA, MI, NJ, NY, PA, WA)

No AL: dealers report all handgun sales to local law enforcement and Secretary of State

Firearm Owners Required to Report Lost or Stolen Firearms?

FFLs only

7 states (CT, MA, MI, NJ, NY, OH, RI)

No No

Laws Regulating Civilian Ownership of Military-Style Weapons

Policy Federal Law State Laws Florida Law

State Laws in the SE Region (AL, GA, LA, MS, SC)

Regulation of Assault Weapons?

No 7 states ban assault weapons (CA, CT, MA, NJ, NY; HI and MD ban assault pistols)

3 states regulate transfers of assault weapons (MD, MN, VA)

No No

Regulation of High Capacity Ammunition Magazines?

No 6 states ban high capacity magazines (CA, HI, MD, MA, NJ, NY)

No No

How Legal Community Against Violence Can Help

• Legal Community Against Violence (LCAV) is a national public interest law center dedicated to preventing gun violence

• LCAV is the country's only organization devoted exclusively to providing legal assistance in support of gun violence prevention

• LCAV provides legal assistance to community leaders and advocates seeking local and statewide regulatory solutions to prevent gun violence

LCAV: Who we Serve

• Mayors, City Council Members, County Supervisors and other Local Officials

• Government Attorneys• Law Enforcement Officials • State Legislators and Agency Officials• Gun Violence Prevention Activists

LCAV: What We Do

• Research and analysis of current law and options for reform

• Develop regulatory policies and model laws• Draft laws and regulations for specific

jurisdictions• Explain the legal significance of existing and

proposed laws• Review existing and proposed laws and offer

recommendations for improvement

LCAV Publications

• Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws

• Originally published 2006; 2008 edition now available

LCAV Website: www.lcav.org

Legal Community Against Violence268 Bush Street, #555

San Francisco, CA 415-433-2062

Illinois Address:P.O. Box 7077Evanston, IL

847-733-1855

To request assistance:Contact Nina Vinik, Legal Director at

847-733-1855 or nina@lcav.org