Good article, Whiskey.
Firearm case law in the United States
SCOTUS
In D.C. vs Heller, the Supreme Court struck down a D.C. ban on handguns, but recognized that like most rights, the Second Amendment right is not unlimited and gun rights can be restricted, while finding that handgun possession in the home for self-defense was permissable and that handgun locks violated the 2nd Amendment. (Counting the minority opinion judges, SCOTUS decided 9-0 that there can be restrictions on guns.)
In McDonald vs Chicago, Chicago's gun control ban (enacted in 1982) and other provisions which
- Prohibit the registration of handguns, thus effecting a broad handgun ban
- Require that guns be registered prior to their acquisition by Chicago residents
- Mandate that guns be re-registered annually, with another payment of the fee
- Render any gun permanently non-registrable if its registration lapses
SCOTUS reaffirmed provisions in Heller but struck down Chicago's restrictions (2010). The NRA had also sued Chicago, as they have with all gun restrictions in local and state laws. After six people were murdered and Gabrielle Giffords was critically injured in 2011, Chicago Mayor Daley, as all their mayors have, continued his vocal support of gun restrictions, saying
Chicago’s Murder Problem See graph for rise in homicide rate after 1985 through 2015.
Since 2009, eleven states have passed laws requiring seized guns from criminals to be resold rather than destroyed. A number of crimes have been committed using these guns (in link). The NRA is a proponent of these laws.
Finally,
With 78% of prison inmates able to obtain guns from an illegal or family source, this would argue for biometric gun locks, making gun use available only to the legal purchaser.
Firearm case law in the United States
SCOTUS
In D.C. vs Heller, the Supreme Court struck down a D.C. ban on handguns, but recognized that like most rights, the Second Amendment right is not unlimited and gun rights can be restricted, while finding that handgun possession in the home for self-defense was permissable and that handgun locks violated the 2nd Amendment. (Counting the minority opinion judges, SCOTUS decided 9-0 that there can be restrictions on guns.)
In McDonald vs Chicago, Chicago's gun control ban (enacted in 1982) and other provisions which
- Prohibit the registration of handguns, thus effecting a broad handgun ban
- Require that guns be registered prior to their acquisition by Chicago residents
- Mandate that guns be re-registered annually, with another payment of the fee
- Render any gun permanently non-registrable if its registration lapses
SCOTUS reaffirmed provisions in Heller but struck down Chicago's restrictions (2010). The NRA had also sued Chicago, as they have with all gun restrictions in local and state laws. After six people were murdered and Gabrielle Giffords was critically injured in 2011, Chicago Mayor Daley, as all their mayors have, continued his vocal support of gun restrictions, saying
Daley also said in 2011:“This is a national tragedy...But unfortunately, events like this happen far too often in America. We have to come back with some common sense gun laws.”
Daley described America as a “killing machine” because of guns. Under Daley, Chicago in 1998 and other municipalities sued gun manufacturers and dealers for negligence on the grounds that they should have foreseen that their products would be diverted to criminal use. The Congress passed Protection of Lawful Commerce in Arms Act in 2005, protecting those manufacturers and dealers from lawsuits.“It should be an outrage, where we kill more people in America on a daily basis, on a yearly basis than most of the countries combined . . . and this is unacceptable.”
Chicago’s Murder Problem See graph for rise in homicide rate after 1985 through 2015.
Since 2009, eleven states have passed laws requiring seized guns from criminals to be resold rather than destroyed. A number of crimes have been committed using these guns (in link). The NRA is a proponent of these laws.
Finally,
A 1997 U.S. Justice Department survey of 14,285 state prison inmates found that among those inmates who carried a firearm during the offense for which they were sent to jail, 0.7% obtained the firearm at a gun show, 1% at a flea market, 3.8% from a pawn shop, 8.3% from a retail store, 39.2% through an illegal/street source, and 39.6% through family or friends.
With 78% of prison inmates able to obtain guns from an illegal or family source, this would argue for biometric gun locks, making gun use available only to the legal purchaser.
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