Action at the state and federal levels
Action at the state and federal levels
Safe storage, ERPOs & more
Among a number of other new measures, a package of gun laws currently being debated in Massachusetts includes expanded Extreme Risk Protection Order laws (ERPOs) and greater protections against so-called “ghost guns.” As readers of this newsletter know, 97Percent is strongly in favor of ERPOs, otherwise known as red flag laws, as a means of decreasing gun deaths. But today, let’s talk a little bit about ghost guns—firearms assembled at home from components without serial numbers, making them untraceable by law enforcement.
First, a disclaimer. There are Americans who enjoy building guns as a hobby with no intention of ever using them to commit a crime. As always, law-abiding citizens are not the problem. The issue is that as these DIY guns have grown in popularity, more and more people involved in illicit activities or with an intent to harm themselves or others are becoming armed without detection.
By purchasing individual gun parts online or at hardware stores without undergoing background checks required for purchasing complete firearms, people who would otherwise be restricted from obtaining guns can easily build their own unregistered weapons. It’s possible to build an entire stockpile of guns undetected, as a recent disturbing case in New York revealed. Plus, tracking the source and ownership of these firearms is nearly impossible, hindering investigations into criminal activities involving these weapons.
Now add another layer of accessibility. For people with access to a 3D printer, it’s even easier not only to build a weapon from scratch but to transform a standard pistol into a fully automatic weapon. Large majorities of Americans are opposed to this practice, but that doesn’t stop it from happening.
This brings us back to ERPOs, and why they’re so critical to saving lives. When other established protections—namely, licensing and background checks—fail to stop a gun from falling into the wrong hands, ERPOs provide a last-ditch means for preventing a gun violence tragedy. Will they stop every potential gun crime? Of course not, as the proliferation of ghost guns demonstrates. But they may be one of the best tools we have to stem the tide.
On the Hill
The White House has announced a series of new federal actions to promote the safe storage of guns. Designed to help protect the estimated 4.6 million children in the U.S. who live in homes with improperly stored guns, the plans include educating school principals and other school officials on the importance of safe storage and providing strategies for them to share this message with their respective communities. The Justice Department is also expected to distribute what the White House describes as “the most comprehensive guide on safe storage ever released by the federal government,” laying out best practices and different types of storage devices.
We say: We applaud the administration for the steps it is taking to promote safe storage. Shootings have become the leading cause of death among children, and unsecured firearms are more likely to result in a suicide or accidental death than to be actively used in defense of the home.
More on the Hill:
White House readies week of events on gun violence prevention —USA Today
Democrats push to extend gun export pause as Republicans slam permanent proposal —The Reload
In the Courts
U.S. District Judge Roger Benitez has struck down a California state law that requires background checks for nearly all purchases of ammunition, and bars state residents from bringing home ammo purchased out of state. This isn’t the first time. In April 2020, Benitez ruled against the law, but another court reinstated it on appeal. It ended up back in his court following the Supreme Court’s 2022 Bruen decision (see more on that below). Benitez found that the laws have “no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms.” He has issued an injunction barring the state from enforcing the law.
We say: While we support universal background checks on gun purchases, applying the same rule to all purchases of ammunition may place an excessive burden on gun owners.
More in the courts:
Federal judge: New York Public Housing can’t ban gun owners —The Reload
New York gun owners take fight over ban on firearms in subway and Times Square to 2nd Circuit —Courthouse News Service
Jury gets manslaughter case against Oxford High School shooter Ethan Crumbley's mother —ABC News
In the States
The Massachusetts Senate has overwhelmingly passed an overhaul of the state’s firearms laws. The law enforcement-supported bill would codify the state’s ban on assault weapons, prohibit bump stocks, ensure that gun dealers are inspected annually, and allow healthcare professionals to ask a court to temporarily remove someone’s firearms if they are deemed dangerous. The legislation also targets ghost guns by requiring the serialization of gun frames and receivers and classifying the individual parts as firearms, and explicitly prohibiting the use of 3D printers to manufacture or assemble firearms without a license. The Senate will now negotiate on a final package with the House, which passed its own sweeping bill last October.
We say: We are in favor of the expansion of the state’s existing ERPO laws to cover healthcare workers.
More in the states:
Does your state have strict gun laws? Chances are it saw a drop in gun homicides —Route Fifty
Attorneys general advocate for California ban on guns in public places —My Journal Courier
Attorneys general fight to protect civilian access to ammunition —WTCA
California: LA County gets grant to keep guns out of domestic abusers’ hands —LAist
Colorado: Democrats pursue gun control measures as state politics shift – The Denver Post
Florida: Senate may reject proposal to lower gun-buying age back down to 18 —Sun Sentinel
Idaho: Bill clears House allowing armed teachers, staff in schools —KTVB
Illinois: ‘Government has no authority’ to impose penalties for not registering banned guns —The Center Square
Maine: Gov. Mills proposes expanding background checks, strengthening gun laws after Lewiston mass shooting —Portland Press Herald
Maine: Tearful relatives of Maine mass shooting victims testify that change is long overdue —News Center Maine
Maryland: Legislators, advocates celebrate recent gun control measures, call for civil liability for gun manufacturers —The Baltimore Sun
New Hampshire: Lawmakers will again take up bills expanding, tightening gun laws —New Hampshire Bulletin
New Mexico: Bill to ban firearms at polling places passes Senate —Roswell Daily Record
New Mexico: House passes seven-day waiting period for gun buys —Los Alamos Daily Post
South Carolina: Senate passes permitless carry bill —The Post and Courier
Tennessee: Nearly 30,000 firearms stolen from cars since Tennessee GOP relaxed state laws —NewsChannel5
Virginia: Virginia may soon impose a fee for guns left in cars —WVTF
Virginia: House approves assault weapons ban —NBC4 Washington
Washington, DC: Report looks at the drivers of gun violence in DC —NBC4 Washington
Why are historians suddenly in demand in gun cases?
It’s all because of the 2022 ruling by the U.S. Supreme Court called New York State Rifle & Pistol Association v. Bruen, or Bruen for short. The decision struck down a longstanding public carry law in New York, as the court determined that a firearm regulation is justifiable only if “the government [can] demonstrate that the regulation is consistent with the Nation’s historical tradition.”
The ruling set off a new wave of challenges to state and federal restrictions on guns. “The states and attorneys general who are trying to defend their gun laws from challenges now have to seek out historians to identify analogous historical laws,” explains Brennan Gardner Rivas, an independent scholar who wrote her dissertation on the history of gun regulation in Texas.
“What’s happening now is a fight over what the Second Amendment ultimately means,” says Chuck Michel, president and general counsel at the California Rifle & Pistol Association. “This truly is a historic time for Second Amendment jurisprudence.” (Source: NPR)
Working together is the only path to progress
“We want to secure our rights, and we want the horrific violence to stop. We can’t arrest our way out of this. We’re going to have to talk to each other.” —Carl Smart, gun owner and member of the Western Missouri Shooters Alliance
“Nothing’s changed. In fact, the violence has gotten worse. I’m interested in working toward some alternative solutions.” —LaTasha Jacobs, gun owner and member of the Western Missouri Shooters Alliance
Do you have a comment about any of these critical issues? Do you have a story to share? We’d love to hear from you. Please include your first name and state, and we may publish it in a future issue. Thank you for reading!
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