Case Studies - Federalism

Question 1

Gun control - the story

Answer 1

• June 15th 2016 - mass shooting in a nightclub in Orlando, Florida
• Democratic Senator Chris Murphy staged a 15-hour-filibuster to pressure the Senate to hold a vote on proposals to require background checks to be conducted before gun sales at shows or online and to ban the sale of guns to individuals who are on federal terrorist watch list
• Both measures were defeated in a partisan votes and a week after, Democrats in the HoR staged a 25 hour sit-in to try to force a vote on the same proposals but were unsuccessful
• However, Congress remains firmly divided on gun control, state legislatures have been able to introduce a range of new laws

Question 2

Gun Control - The action at state level taken to restrict gun ownership

Answer 2

Restricting access to guns for perpetrators of domestic abuse:

• In 18 states police are now authorised to remove guns at the scene of domestic violence incident
• In 16 states, courts are also authorised to remove weapons when a temporary restraining order has been issued - the way in which these laws are enforced varies, with some states requiring the surrender of guns whilst others authorise their surrender at the discretion of either police or the courts

Extended background checks:

• Whilst federal law requires background checks to be carried out by all federally licenced gun dealerships, private sales are not regulated
• Private sales are where the vast majority of guns are purchased for illegal means
• 18 states have extended background checks beyond those required by federal law, and include some private sales
• 8 of these 18 states require background checks at the point of sale for all purchases of guns

Restricting the use of assault rifles:

• In 1994, Congress passed the Crime Control and Law Enforcement Act, banning semi-automatic assault weapons
• This act had a 10 year life span, and after its expiry in 2004, it was not renewed despite massive public support
• 7 states have however enacted their own assault weapon bans, with Minnesota and Virginia introducing laws to regulate them
• Cook County, Illinois, also has a law prohibiting assault weapons in the county

Question 3

Gun Control - Actions taken at state level to lift gun restrictions

Answer 3

Open Carry:

• In 31 states, it is legal to carry a handgun in public without license or permit although some states do require the gun to be unloaded
• An additional 15 states allow ‘open carry’ with a licence or permit, and only 5 states, and Washington DC, ban the practice in public places
• In 44 states, long guns, rifles and shotguns are permitted under open carry laws

Concealed Carry:

• 42 states require a permit to carry a concealed weapon, and 8 do not require a permit to carry a concealed weapon
• In 16 of those 42 states, the permit issued must be done upon application with no discretion regarding the applicant’s suitability beyond minimum statutory requirements such as not being a convict

Campus Carry:

• 20 states generally ban firearms at colleges and university campuses
• 23 states specify that even permit holders may not carry a concealed weapon on campuses
• Most other states grant discretion to colleges / universities, 10 states however have made it illegal for universities to prohibit the carrying of guns on the majority of their campuses