Firearms

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AnswerA mix of state and federal laws makes it illegal for certain individuals to own or possess a firearm. At the federal level, the U.S. Gun Control Act prevents gun access to convicted felons, individuals addicted to a controlled substance, domestic violence abusers, and certain people with mental illnesses, among others.
According to the Giffords Law Center to Prevent Gun Violence, many states have adopted more-expansive restrictions than those spelled out in the federal law.
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As lawmakers seek to cope with a rising tide of gun violence while preventing accidental firearm-related injuries and deaths, Ohio could become the next Midwestern state to focus on keeping guns out of the hands of kids — that is if a measure currently pending in the state Senate should advance.
In a roundtable discussion during the July meeting of the Midwestern Legislative Conference’s Criminal Justice and Public Safety Committee, Ohio Sen. Vernon Sykes described the proposed Child Gun Safety Act (SB 279), which he and Sen. Charleta Tavares jointly introduced earlier this year.
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Illinois legislators approved a bill in May that would allow family members or law enforcement officers to take action when an individual with access to a firearm is exhibiting dangerous or threatening behavior. HB 2354, known as a “red flag” law, was awaiting gubernatorial action as of mid-June. It would allow judges to issue a “firearms restraining order” (in effect for six months) if they find clear and convincing evidence that an individual “poses a significant danger of personal injury to himself, herself or another.”

Before the start of the year, New York, Philadelphia, and San Francisco continued the trend, started last year with the sanctuary jurisdictions executive order, of cities suing the federal government.

In their recently filed compliant these cities ask a federal district court in Virginia to order the military to comply with a federal statute requiring federal agencies (including the military) to inform the Federal Bureau of Investigation (FBI) when the agency “has a record demonstrating” that a person has, among other things, committed a crime that prevents him or her from possessing a firearm.

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In an effort to curb the number of deaths occurring in their state due to gun violence, Illinois legislators are cracking down on people who illegally sell firearms. Signed into law this summer, HB 6303 makes it a felony for a person who has not been issued a Firearm Owner’s Identification Card to bring guns into Illinois with the intent of selling or delivering them.

With recent events, there is much talk about guns and gun control policy. Here are a few bits to help understand the landscape.

In a per curiam (unauthored) opinion, which concurring Justices Alito and Thomas call “grudging,” the U.S. Supreme Court has ordered the Supreme Judicial Court of Massachusetts to decide again whether Massachusetts’s stun gun ban is constitutional. Currently eight states and a handful of cities and counties ban stun guns.

The highest state court in Massachusetts held that the Second Amendment doesn’t protect stun guns because they weren’t in common use at the time the Second Amendment was enacted, they are “unusual” as “a thoroughly modern invention,” and they aren’t readily adaptable for use in the military.

Spurred in part by recent mass shootings on school grounds, state policymakers and university officials have revisited the issue of concealed carry gun permits on college campuses in an attempt to make those campuses safer. For some of the states that have passed concealed campus carry legislation, schools have faced costs in upgrading campus security facilities.

Just days before the end of the 84th legislative session, Texas lawmakers approved a measure along party lines requiring public universities to allow certain individuals 21 years and older to carry concealed handguns on campus. Although the bill had not been signed into law as of June 9, Gov. Greg Abbot repeatedly has expressed his approval of the measure. One noticeable absence from the bill, however, is the lack of provisions detailing how the likely costs of upgrading campus security facilities will be funded, an issue that has plagued other states allowing concealed campus carry.

Firearms are a public health issue in the United States. In 2010, 31,328 people died because of firearms, either from suicide, homicide, or accidents, and approximately 40,000 people were hospitalized with firearm injuries. The Institute of Medicine and National Research Council and the American Public Health Association have identified practices and areas of research that may reduce firearm-related deaths, violence and injuries.

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