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.
• 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.• 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• ATF - 2022 - $1.5 Billion
• NICS - 2022 - $8.4 Billion
• 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 15% of all cases initiated.
Gun Laws & Prosecution Trends
Firearm Laws & National Homicide TrendsHomicides 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 § 5861Gun Control Laws and Enforcement Trends 2023 originally appeared on Ammo.com
