News flash: Americans still love guns

Getting real about firearm safety

Dec 05, 2023

On November 30th, the nation marked 30 years since the passage of the Brady Handgun Violence Prevention Act, which established a system of federal background checks for gun buyers. The goal of the bill was to curb gun violence, which had hit record levels in the 10 years prior to its passage. Gun homicides have declined since the law took effect, but there’s certainly more work to be done. Gun death rates began to increase during the COVID-19 pandemic, with suicides by firearm now at record levels.

One thing the Brady Bill hasn’t affected is Americans’ interest in guns. The FBI, which oversees the National Instant Criminal Background Check System (NICS), reported a record number of checks on Black Friday 2023. This year’s 214,913 checks are up 5.5% from the previous record set in 2017 and 10% from last year, making it the third-busiest day in the history of the FBI’s background check system.

Whether they own guns for personal protection, hunting, or collecting, an NBC News survey shows that a majority of U.S. households (52%) possess at least one firearm. That figure includes 66% of Republicans, 45% of independents, and 41% of Democrats, all three of which have witnessed a net increase in gun ownership since 2004. Gun ownership isn’t just a conservative, white, rural or suburban thing, either. It’s rising in urban populations, the Black community, and, more recently, among Jewish people, largely in response to the Israel-Hamas conflict and increased incidents of antisemitism at home.

If firearms are so ubiquitous throughout American society, how can we stem gun violence? Two things stand out. First, getting serious about keeping guns out of the wrong hands. Currently, only five states impose some form of a gun ban after an emergency mental health hospitalization that’s not followed by a court-ordered commitment. Over the past 20 years, at least 13 high-profile shootings—including the mass shooting in Lewiston, Maine in October—were carried out by perpetrators who were able to legally buy guns after being released from such a hospitalization.

Second, keeping guns away from children. Firearms are now the leading cause of death for U.S. children and teens under age 18, and having firearms in the home increases the risk of unintentional shootings, suicide, and homicide. Handguns obtained from the home account for the most school shootings perpetrated by adolescents.

With better implementation and enforcement of background checks, red flag laws, and reporting protocols, as well as the development of innovative technologies that help gun owners secure weapons safely away from children, the spirit of the Brady Bill can continue in the 21st century. And as our research clearly shows, finding the common ground is not only necessary but achievable.

On the Hill

Senators Angus King and Martin Heinrich introduced the Gas-Operated Semi-Automatic Firearms Exclusion Act (GOSAFE) last week, which is based on the firearms’ mechanisms, instead of their appearance. Specifically, the bill bans rapid-firing weapons with a magazine capacity over 10 rounds, modifications like bump stocks, and the manufacture of ghost gun kits. “I firmly believe we must uphold the laws that protect safe and responsible gun ownership,” Heinrich said. “This bill achieves that, while taking steps to get those firearms that are inherently dangerous and unusually lethal, designed for maximum harm, out of the hands of those who pose a threat to themselves or others.”

We say: A Trump-era ban on bump stocks and a Biden administration rule banning ghost guns have both been thrown out by appeals courts, so this measure will likely face a similar uphill battle.

More on the Hill:

In the Courts

Actions that multiple states have undertaken in an effort to reduce gun violence have been challenged in—and, in some cases, outright rejected by—the courts. Pro-gun groups are seeking to block assault weapons bans in Illinois and Connecticut, and challenging delayed background checks in California. In Maryland, an appeals court has struck down the state’s gun licensing law—but the Maryland State Police are continuing to enforce handgun qualification licenses anyway. An Oregon law that bans high-capacity magazines, requires people to undergo a criminal background check, and complete a gun safety training course to obtain a permit to buy a firearm has been ruled unconstitutional—despite having been approved by the voters themselves.

We say: Laws that ban particular types of firearms or accessories are regularly challenged in the courts and often don’t pass constitutional muster—and could hinder the implementation of other legislative measures with which they’re packaged.

More in the courts:

In the States

Michigan is no stranger to using cutting-edge methods for reducing gun violence. The state deploys AI technology to detect guns at the state Capitol, for example. Now, it's catching up to 33 other states with laws that temporarily ban someone convicted of domestic violence misdemeanors from owning guns. Under new legislation signed last month, people with domestic violence convictions of any kind won’t be allowed access to guns for eight years. State law already prohibited those convicted of felonies from owning a gun, but not those convicted of misdemeanor domestic violence. The new laws will take effect early next year.

We say: We agree with Michigan Gov. Gretchen Whitmer, who said, “These bills are based on a simple idea: If you have been found guilty in court for violently assaulting your partner, you should not be able to access a deadly weapon that you could use to further threaten, harm, or kill them.” Exactly. Our research shows that violent misdemeanor laws can reduce gun homicides by 19%.

More in the states:

The Ohio House will soon vote on the Second Amendment Preservation Act. What would it do?

Ohio House Bill 51 would preemptively exempt the state from any federal gun control. It would prohibit Ohio from:

Enforcing federal taxes or fees imposed on firearms, ammo, or accessories;
Participating in any program tracking firearm or firearm accessory ownership;
Imposing any rule forbidding possession of firearms; or
Ordering the confiscation of firearms.

The bill would consider each of these an infringement of the people’s right to keep and bear arms that “must not be recognized by Ohio, must be specifically rejected by Ohio, and must not be enforced by Ohio,” according to a nonpartisan analysis of the bill from the state’s Legislative Service Commission. (Source: Dayton Daily News)

Point / counterpoint in Ohio

For: “[Ohio House Bill 51] is a check against a government that seems to disregard our fundamental and constitutional rights. This bill does not let those who break the law go free, nor does it allow for a lawless society. It simply puts power back to the states, and back to the people.” —Rep. Jean Schmidt, one of the bill’s sponsors

Against: "It is my conviction that we must, in the state of Ohio, support legislation that strengthens only responsible gun ownership as it relates to red flag laws, concealed carry permits, and restrictions regarding the purchase and use of semi-automatic rifles." —Hamilton County Sheriff Charmaine McGuffey

For: “A few years ago, it was the bump stock ban, today is the pistol brace ban. What will it be tomorrow?” —Former Missouri state Rep. Jered Taylor, testifying in favor of the bill on behalf of Ohio Gun Owners

Against: “In 2019 in Dayton’s Oregon District, nine people lost their lives at the hands of a gunman and many others were wounded and traumatized. It is a dishonor to these victims and the countless others across the nation to pass this bill.” —Dayton Anti-Racist Network’s Lauren Durnwald, testifying in opposition to the bill

What’s your view of Ohio’s proposed law? Does it help protect Second Amendment rights, or merely prevent the enforcement of critical federal laws that save lives and help keep our communities safe? Let us know what you think.

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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