By: Cassandra McBride | Ammo.com
Report Highlights
- The amount of State gun laws nearly doubled between 1991 and 2016 (Source).
- The first Federal gun control law was passed in the 1934 National Firearms Act, which limited civilians’ access to machine guns, suppressors, short-barreled shotguns, and others (Source).
- Between 1886 and 2023, the Supreme Court of the United States interpreted the Second Amendment to include the right of the individual to keep and bear arms six times.
- Homicides (all methods) increased 27% from 1968 to 2021.
- Homicide rates increased 28% while incarceration rates fell 15% during the 2020 pandemic.
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The 1994 Crime Bill authorized $12.5 Billion dollars for law enforcement, while the ATF receives $1.5 billion annually to enforce Federal firearm laws.
- The ATF seized more than 360,000 firearms in 2021 (Source).
The Enforcement of Laws vs. The Passing of New Laws
Timeline of Federal Firearm Laws in the U.S.
Laws
- 1934 National Firearms Act
- 1938 Federal Firearms Act
- 1968 Gun Control Act
- 1986 Firearm Owner’s Protection Act
- 1988 Undetectable Firearms Act
- 1990 Gun-Free School Zones Act
- 1993 Brady Handgun Violence Prevention Act
- 1994 Public Safety & Recreational Firearms Use Protection Act
- 2022 Protecting Our Kids Act
Supreme Court Cases Involving Individual’s Rights to Bear Arms
- 1857 Dred Scott v. Sandford – Determined Slaves do not have 2A rights.
- 1875 US v. Cruikshank – The right of the individual to keep and bear arms.
- 1886 Presser v. Illinois – States can ban individuals from forming militias.
- 1939 US v. Miller – Courts ruled the Federal Government can regulate firearms not effective for militias (i.e. short-barreled shotguns).
- 1980 Lewis v. United States – Upheld that felons cannot keep and bear arms.
- 2008 District of Columbia v. Heller – Determined that an individual does not have to be a part of the militia to keep and bear arms.
- 2010 McDonald v. City of Chicago – Determined that the Due Process Clause of the 14th Amendment also applies to the Second Amendment.
- 2016 Caetano v. Massachusetts – Determined that the 2nd Amendment applies to firearms that did not exist in 1791.
- 2020 New York State Rifle & Pistol Association, Inc. v. City of Bruen – Ruled that states must maintain a “Shall-Issue” stance of concealed carry outside of the home.
Economic Costs of Enforcing Gun Laws
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ATF – 2022 – $1.5 Billion
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NICS – 2022 – $8.4 Billion
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Criminal Justice System – 2022 – $12.62 Billion
*Compared to $2.8 Billion in medical costs yearly.
ATF Conviction Stats
- 34,436 Cases Initiated
- 10,138 Recommended for prosecution
- 6,315 Prosecuted
- 5,338 Convicted
*The Federal Government prosecutes 18% of all cases initiated.
Gun Laws & Prosecution Trends
Firearm Laws & National Homicide Trends
Homicides in the U.S. are now 27% higher than before the 1968 Gun Control Act (per capita). They declined by nearly 20% after the 1994 Crime Bill and remained low until 2015. Homicide rates sharply increased in 2019.
Incarceration Trends & Homicide
Sources
- Incarceration Trends
- Firearm Homicide Trends
- BJS Incarceration Trends
- 2022 Incarceration Data
- Impact of the 1994 AWB
- BJS Firearm Homicide Trends
- 1990-Present Homicide Data
- BJS Incarceration Trends
- FBI NICS Budget
- Gun Violence Research Budget
- Federal Firearm Prosecution Trends
- BJS 2020 Incarceration Stats
- 18 U.S. Code § 922
- 18 U.S. Code § 924
- 26 U.S. Code § 5861
