William
J. Krouse
Specialist in Domestic Security and Crime Policy
Congress
has debated the efficacy and constitutionality of federal regulation of
firearms and ammunition, with strong advocates arguing for and against
greater gun control. In the wake of the July 20, 2012, Aurora, CO, theater
mass shooting, in which 12 people were shot to death and 58 wounded (7 of
them critically) by a lone gunman, it is likely that there will be calls in the
112th Congress to reconsider a 1994 ban on semiautomatic assault weapons
and large capacity ammunition feeding devices that expired in September
2004. There were similar calls to ban such feeding devices (see S.
436/H.R. 1781) following the January 8, 2011, Tucson, AZ, mass shooting,
in which 6 people were killed and 14 wounded, including Representative
Gabrielle Giffords, who was grievously wounded. These calls could be
amplified by the August 5, 2012, Sikh temple shooting in Milwaukee, WI, in
which six worshipers were shot to death and three wounded by a lone
gunman.
The 112th Congress continues to consider the implications of Operation Fast and
Furious and allegations that the Department of Justice (DOJ) and the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) mishandled that
Phoenix, AZ-based gun trafficking investigation. On June 28, 2012, the
House passed a resolution (H.Res. 711) citing Attorney General Eric Holder with contempt
for his failure to produce additional, subpoenaed documents related to
Operation Fast and Furious to the Committee on Oversight and Government
Reform. On May 18, 2012, the House passed the National Defense
Authorization Act (NDAA) for Fiscal Year 2013 (H.R. 4310), which would
amend a limitation on the Secretary of Defense’s authority to regulate firearms privately
held by members of the Armed Forces off-base. On May 10, 2012, the House passed
a Commerce-Justice-State appropriations bill (H.R. 5326) that would fund
ATF for FY2013, and on April 19, 2012, the Senate Committee on
Appropriations reported a similar bill (S. 2323).
On April 17, 2012, the House passed the Sportsmen’s Heritage Act of 2012 (H.R.
4089), a bill that would require agencies that manage federal public lands
to facilitate access to and use of those lands for the purposes of
recreational fishing, hunting, and shooting with certain exceptions set
out in statute. Language to a similar effect was included in the FY2013
Interior, Environment, and Related Agencies Appropriations bill (H.R.
6091), which the House Committee on Appropriations reported on July 10,
2012. On November 16, 2011, the House passed a bill (H.R. 822) that would
establish a greater degree of reciprocity between states that issue concealed
carry handgun permits. On October 11, 2011, the House passed a Veterans’
Benefits Act (H.R. 2349) that would prohibit the Department of Veterans
Affairs from determining a beneficiary to be mentally incompetent for the
purposes of gun control, unless such a determination were made by a
judicial authority based upon a finding that the beneficiary posed a danger to
himself or others.
This report also includes discussion of other salient and recurring gun control
issues that have generated past or current congressional interest. Those
issues include (1) screening firearms background check applicants against
terrorist watch lists, (2) combating gun trafficking and straw purchases,
(3) reforming the regulation of federally licensed gun dealers, (4) requiring background
checks for private firearms transfers at gun shows, (5) more-strictly
regulating certain firearms previously defined in statute as “semiautomatic
assault weapons,” and (6) banning or requiring the registration of certain
long-range .50 caliber rifles, which are commonly referred to as “sniper”
rifles. To set these and other emerging issues in context, this report provides
basic firearms-related statistics, an overview of federal firearms law,
and a summary of legislative action in the 111th and 112th Congresses.
Date of Report: August 14, 2012
Number of Pages: 113
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