In 2012, Donald Trump told The Washington Times that he owns two guns: a .45-caliber Heckler & Koch, and a .38-caliber Smith & Wesson. Among the Democrats who may take him on in 2020, at least nine say they own firearms.
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βWell, you know, my shotgun will do better for you than your AR-15, because you want to keep someone away from your house, just fire the shotgun through the door.β β Field and Stream |
Assault weapons and high-capacity magazines were banned at the federal level from 1994 to 2004, when the law expired. Research shows that during the ban, shootings that killed six or more people occurred at a lower rate than in the decades before or after. Experts rank assault weapons bans as one of the most effective measures for reducing mass shootings, though recent polls indicate that public support is mixed.
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βHeβll begin by again championing legislation to ban assault weapons and high-capacity magazines β bans he authored in 1994.β β Campaign website |
Under an assault weapons buyback program, which was not a provision of the previous assault weapons ban, the federal government would compensate gun owners for their newly illegal weapons. Candidates have proposed both mandatory and voluntary buybacks.
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"I would institute a national buyback program." β CNN |
Currently, federal law exempts private sales from mandatory background checks β itβs a provision widely referred to as the βgun show loophole,β though it applies to all transactions with unlicensed sellers. An estimated 22 percent of gun sales took place without background checks in 2015, and private sales are a common route for prohibited purchasers to acquire guns. Universal background checks have overwhelming public support, though research on their efficacy is mixed.
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"Biden will enact universal background check legislation and close other loopholes that allow people who should be prohibited from purchasing firearms from making those purchases." β Campaign website |
This 2008 Supreme Court decision established that the Second Amendment protects the individual right to own a firearm for self-defense, rather than applying specifically to militias. In the decade since, the ruling has had a limited impact on existing gun control laws. Justice Ruth Bader Ginsburg, who dissented on the ruling, told The New York Times, βI thought Heller was a very bad decision.β
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"If I were on the Court I wouldnβt make the same ruling." β WMUR |
Mass shootings dominate the headlines, but make up only a small fraction of gun violence β most shootings attract little media attention. More than half of homicide victims in 2017 were black, according to data from the Centers for Disease Control and Prevention, and guns were used in the vast majority of those killings. While on-the-ground violence prevention strategies have been shown to reduce crime, these programs often struggle to survive on limited state and local funding.
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"Biden will create a $900 million, eight-year initiative to fund... evidence-based interventions in 40 cities across the country." β Campaign website |
Currently, 14 states and Washington, D.C., have some form of licensing requirement in place. These may require prospective buyers to obtain a permit to purchase a gun, maintain a license as long as they own one, or undergo mandatory safety training before they are able to buy a firearm. Experts rank gun licensing among the most effective policies for reducing gun deaths.
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"Biden will enact legislation to give states and local governments grants to require individuals to obtain a license prior to purchasing a gun." β Campaign website |
ERPO laws, also known as red flag laws, allow family members and law enforcement to petition a judge to have guns removed from individuals who pose a threat to themselves or others. Since the 2018 mass shooting in Parkland, Florida, 11 states have passed their own red flag laws, and several others are actively considering similar legislation. At the federal level, a proposed bill would create grants to encourage state, local, and tribal governments to adopt red flag laws.
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"Biden will incentivize the adoption of these laws by giving states funds to implement them. And, heβll direct the U.S. Department of Justice to issue best practices and offer technical assistance to states interested in enacting an extreme risk law." β Campaign website |
This law, passed in 2005, shields gun manufacturers and dealers from liability when their products are used to commit crimes. Since its passage, the law has prevented most lawsuits against gun makers and dealers from proceeding to trial.
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As a senator, Biden voted against PLCAA. β U.S. Senate |
The Consumer Product Safety Act, the 1972 statute which established the countryβs dedicated consumer safety agency, explicitly excludes firearms and ammunition from the oversight function that the agency wields over most other consumer goods. As a result, the CPSC cannot currently collect data on accidental gun injuries, work with the industry to establish safety standards, or issue recalls for defective firearms.
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In the Obama administration, Biden led a gun safety task force that recommended Obama issue an executive order authorizing the CPSC to βreview safety standards for gun locks and gun safes." β NCSL |
Since 1996, language in a congressional appropriations bill has served as a de facto prohibition on the CDCβs ability to fund research on gun violence as a public health issue. Last year, new language clarified that the CDC may, in fact, direct its funding to the study of gun violence, and on June 19, the House passed a spending bill that included $50 million in gun violence funding, the first time since the 1990s that the subject has received an earmark in a congressional bill. (The bill is unlikely to make it through the Senate.)
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"Biden will call for Congress to appropriate $50 million to accelerate this research at the CDC and NIH." β Campaign website |
Executive orders, which presidents may issue to direct the operations of the federal government, have been used with increasing frequency in recent administrations. President Obama announced a range of gun reform measures via executive order in 2013, following the mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, and another set in 2016.
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"Biden will also use his executive authority to ban the importation of assault weapons."
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"The president and I are determined to take action... There is executive action that can be taken." β The New York Times |