Gun Control Legislation

William J. Krouse
Specialist in Domestic Security and Crime Policy

Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. Past legislative proposals have raised the following questions: What restrictions on firearms are permissible under the Constitution? Does gun control help reduce violent crime? Would household, street corner, and schoolyard disputes be less lethal if firearms were more difficult to acquire? Or, would more restrictive gun control policies diminish an individual's ability to defend himself? Speaking to these questions either in whole or part, on June 26, 2008, the Supreme Court issued its decision in District of Columbia v. Heller and found that the District of Columbia (DC) handgun ban violated an individual's right under the Second Amendment to possess lawfully a firearm in his home for self-defense. On June 28, 2010, the Supreme Court issued a related decision in McDonald v. City of Chicago and found that this individual right also applied to the states. In the 110th Congress, pro-gun Members of the House of Representatives, who were dissatisfied with the District's response to the Heller decision, passed a bill that would have further overturned provisions of the District's gun laws. In the 111th Congress, pro-gun Members of the Senate amended the DC voting rights bill (S. 160) with similar language and passed that bill. While attempts were made to end the impasse and revive the voting rights bill (see H.R. 157), these efforts were unsuccessful, as Members supporting DC voting rights were unwilling to risk passage of amendments that would have further overturned the District's gun laws. Pro-gun Members have introduced revised proposals to overturn DC gun laws (H.R. 5162/S. 3265). 

In the 111th Congress, Members also revisited several other gun control issues that were previously considered in the 110th Congress. For example, Senator Tom Coburn successfully amended the Credit CARD Act of 2009 (H.R. 627) with a provision that allows people to carry firearms in national parks and wildlife refuges. The House voted on the Coburn amendment as a separate measure and passed it. President Barack Obama signed H.R. 627 into law (P.L. 111-24). Senator Roger Wicker amended the FY2010 Transportation-HUD Appropriations bill (H.R. 3288) to authorize private persons to carry firearms in their checked luggage on Amtrak trains. H.R. 3288 became the vehicle for the Consolidated Appropriations Act, 2010, and the Wicker provision was included in this bill. President Obama signed H.R. 3288 into law (P.L. 111-117). In the 110th Congress, the Senate Veterans' Affairs Committee approved a bill (S. 2969) that was amended to include a provision that would have revamped procedures by which veterans are adjudicated "mentally incompetent" and, thus, lose their firearms eligibility. In the 111th Congress, this committee reported a stand-alone bill that addresses this issue (S. 669). 

In addition, the Senate considered an amendment offered by Senator John Thune to the FY2010 Defense Authorization Act (S. 1390) to provide for "national reciprocity" between states regarding the concealed carry of firearms, but this amendment was narrowly defeated. The Senate passed amendments (S. 1132) to the Law Enforcement Officers Safety Act (LEOSA; P.L. 108- 277) that would clarify provisions that authorize qualified police officers to carry concealed firearms across state lines. The House Financial Services Committee reported a bill (H.R. 3045) that includes a provision to prohibit public housing authorities from barring tenants from possessing firearms, and approved another bill that includes a similar provision (H.R. 4868). The House passed a bill (H.R. 5827) that would allow a limited number of firearms to be exempted under federal bankruptcy law, and both chambers have passed versions of an FY2010 supplemental appropriations bill that would increase funding to combat Southwest border gun trafficking. Other salient gun control issues for Congress could include (1) denying firearms and explosives to persons watch-listed as known or suspected terrorists, (2) more strictly regulating certain long-range .50 caliber rifles and other firearms previously defined in statute as "assault weapons," and (3) requiring background checks for private firearm transfers at gun shows.


Date of Report: August 11, 2010
Number of Pages: 51
Order Number: RL32842
Price: $29.95

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