Gun Control In America: Decades Of Change By Judith S. Baugh

Gun Controlamerican Decadesed Judith S Baughman Victor Bondi Richa

Gun Control American Decades Ed. Judith S. Baughman, Victor Bondi, Richard Layman, Tandy McConnell, and Vincent Tompkins. The chapter discusses the evolving gun control policies in the United States throughout the 1990s, highlighting key legislative actions, court rulings, and public debates surrounding firearm regulation, rights, and safety.

The controversy during this period centered on balancing public safety concerns—such as reducing crime and gun violence—with constitutional rights protected by the Second Amendment. Politicians, interest groups, and the public often faced intense debates about whether restrictions on firearms infringed upon individual freedoms or effectively protected society. Federal efforts, notably the Brady Bill, aimed to implement background checks and waiting periods but faced legal challenges rooted in federalism and constitutional rights.

This paper explores the development of gun control legislation, particularly the Brady Handgun Violence Prevention Act, the legal battles over its enforcement, the proliferation of concealed carry laws at the state level, and the contentious debate over assault weapons. It also examines the role of advocacy groups, notably the NRA, the impact of court rulings, and the broader societal effects of gun regulation policies in the 1990s.

Paper For Above instruction

The 1990s marked a pivotal decade in the landscape of gun control policy in the United States, characterized by significant legislative efforts, judicial rulings, and societal debates that underscored the complex relationship between gun rights and public safety. This era encapsulates the tension between constitutional protections and societal needs, making it a critical period for understanding contemporary firearm legislation and discourse.

One of the fundamental milestones of the 1990s gun control movement was the enactment of the Brady Handgun Violence Prevention Act in 1993, colloquially known as the Brady Bill. Named after Sarah Brady, an anti-gun advocate, and James Brady, a former White House press secretary wounded during the assassination attempt on President Ronald Reagan, the law was designed to curb gun violence through mandated background checks and a waiting period for handgun purchases (Baughman et al., 2001). Its primary provisions included a federally mandated five-business-day waiting period and the requirement for licensed firearm dealers to conduct background checks on prospective buyers. The background check system aimed to prevent felons, minors, and individuals with histories of violence or mental illness from legally acquiring firearms. Despite widespread public support, the law also faced significant legal challenges, notably the Supreme Court case Printz v. United States (1997), which questioned the constitutionality of federally mandated background checks. The Court ruled that requiring states to perform background checks violated the Tenth Amendment's principles of federalism, effectively striking down the law's mandate but upholding the fifteen-day waiting period for gun store transactions (Printz v. United States, 1997). This ruling exemplified the ongoing struggle between federal authority and states’ rights, a recurring theme in gun legislation debates.

Parallel to federal legislation, states increasingly enacted their own laws relating to concealed carry permits. As public concern about personal safety grew, especially in urban centers, states began to recognize the right of citizens to carry concealed weapons. By 1998, thirty-one states had enacted "right to carry" laws, shifting the legal landscape significantly from the restrictive permit systems of the past (Heston, 1997). These laws ranged from "Shall Issue" statutes, which mandated authorities to issue permits provided applicants met basic standards, to "Discretionary" systems, where licensing officials retained considerable discretion in permit issuance. Advocates argued that allowing law-abiding citizens to carry concealed weapons served as a deterrent to crime and empowered individuals to defend themselves. Conversely, opponents warned that such laws, especially those with minimal training requirements, could increase the risk of gun accidents and escalate violence.

The debate over concealed carry laws also illustrated broader societal tensions about firearm safety. Supporters like Charlton Heston, then president of the NRA, emphasized individual rights and self-defense, asserting that the Second Amendment protected citizens' ability to own and bear arms without arbitrary restrictions (Heston, 1997). Opponents feared that widespread carry permits could lead to more firearms in public spaces, potentially resulting in more gun-related accidents, aggravated assaults, and homicides (Siebel, 1999).

Another significant aspect of the 1990s gun legislation was the federal assault weapons ban passed as part of the 1994 Violent Crime Control and Law Enforcement Act. The law prohibited the sale and possession of nineteen specific semiautomatic assault weapons and high-capacity magazines capable of holding more than ten rounds. Notably, existing weapons styled as assault weapons were grandfathered, allowing lawful owners to retain, transfer, or sell them under certain conditions (Baughman et al., 2001). The ban aimed to reduce gun violence by limiting access to weapons often associated with mass shootings and violent crimes. While some argued that the law was ineffective due to the continued availability of other semiautomatic firearms, evidence suggested that the ban contributed to a decline in firearm-related crimes during the years it was in effect.

The decade also saw increased attention to gun safety for children, with the passage of the Children’s Gun Violence Prevention Act in 1998. This law mandated that new firearms be equipped with child-resistant safety features such as locks and magazine disconnect safeties by 2001. It also prohibited sales of assault weapons to minors and increased penalties for selling guns to juveniles, reflecting societal concern over accidental deaths and youth access to firearms (Baughman et al., 2001).

Legal battles during this period also shaped the gun control debate. Notable lawsuits, such as the Florida Supreme Court ruling in Kitchen v. Kmart (1997), established that gun dealers could be held liable if they sold firearms to intoxicated individuals who later used the guns to harm others. The case underscored the legal responsibility of firearm sellers beyond mere compliance with licensing laws. Conversely, federal courts dismissed several suits against gun manufacturers, including efforts to hold them accountable for gun violence, citing the Protection of Lawful Commerce in Arms Act of 2005, which was conceived later but grounded in the prevailing judicial reluctance to impose liability on firearm manufacturers for criminal misuse (Larson, 1999).

Despite the legislative advancements, opposition to gun control persisted vigorously. Chief among the opponents was the NRA, which argued that restrictions infringe upon Second Amendment rights and failed to address the root causes of gun violence—namely, criminals and stolen firearms. The organization mobilized extensive lobbying efforts and political contributions to influence legislation and public opinion. Many gun enthusiasts, libertarians, and Second Amendment advocates contended that the government’s restrictions threatened individual freedoms and could lead toward an eventual repeal of constitutional protections (Larson, 1999).

Empirical data from the late 20th century suggest that these legislative efforts had tangible effects. For example, gun dealer licensing decreased substantially, with New York City witnessing a significant decline in licensed stores. Firearm production also declined sharply, especially for inexpensive handguns, correlating with decreased gun violence—specifically, a 20% reduction in Gun-related violent crimes and a 23% decrease in homicides over the period. While causation cannot be definitively established, these trends indicate that regulations may contribute to reducing gun-related crimes.

In conclusion, the 1990s was a transformative decade in American gun policy, characterized by landmark legislation, judicial challenges, and ongoing societal debates. Efforts like the Brady Law, assault weapons ban, and expanded concealed carry laws reflect a nation grappling with balancing individual rights against collective safety. Despite opposition from organizations like the NRA, early evidence suggests that these measures potentially contributed to a decline in gun violence. The decade laid the groundwork for future policy refinements and underscored the importance of legal, social, and political factors shaping firearm regulation in the United States.

References

• Baughman, Judith S., Victor Bondi, Richard Layman, Tandy McConnell, and Vincent Tompkins. "Gun Control." American Decades. Ed. Judith S. Baughman, et al. Vol. 10. Detroit: Gale, 2001. Gale Virtual Reference Library. Web. 3 Aug. 2016. Gale Document Number: GALE|CX
• Larson, Erik. "Squeezing Out The Bad Guys: How ATF and Local Police Have Dramatically Turned the Tide in the Battle Against Crime Guns." Time, 154(9), 1999, pp. 32.
• Siebel, Brian J. City Lawsuits Against the Gun Industry: A Roadmap For Reforming Another Deadly Industry. Washington, D.C.: The Center to Prevent Handgun Violence, Legal Action Project, 1999.
• Printz v. United States, 521 U.S. 898 (1997).
• Kitchen v. Kmart, 86 FL. (1997).
• Kropelnicki v. United States, 92 F.3d (1996).
• San Diego County Gun Rights Committee v. Reno, 98 F.3d (1996).
• Larson, Erik. "Squeezing Out The Bad Guys: How ATF and Local Police Have Dramatically Turned the Tide in the Battle Against Crime Guns." Time, 154(9), 1999, pp. 32.
• Heston, Charlton. Interview on Meet the Press, 18 May 1997.
• Gale. "Gun Control." American Decades. Ed. Judith S. Baughman, et al. Vol. 10. Detroit: Gale, 2001.