Milestones in Federal Gun Control Legislation
A timeline of gun legislation and organizations from 1791 to the present
Throughout American history, high-profile gun violence has focused the national spotlight on gun control.
The tragedy at Columbine High School and other mass shootings—like the one in Santee, Calif. last March—are always followed by a public debate of gun safety and gun owners' rights in America.
But despite these debates there has been little response from Congress in the form of new federal gun control legislation. The last significant federal gun law was 1994's Assault Weapons Ban, passed five years before Columbine.
A bill last year that would have subjected handguns to the same restrictions as machine guns died before the Congress adjourned. And the only debate on the horizon for the 107th Congress this year will be about closing the so-called "gun-show loophole."
New legislation introduced in the Senate looks to close a "loophole" in federal gun laws that allows unlicensed gun sellers at flea markets and swap meets to sell guns without requiring them to do the same background checks that are required of licensed sellers.
It is unlikely that any federal restrictions on guns or gun dealers will find support from President George W. Bush. The Bush administration is a firm defender of gun rights, which means that if there are any noteworthy gun laws passed in 2001 it will likely be done at the state level.
Should Congress make a move this year, this table should help to add some context to its actions. The following is a timeline of important federal legislation and national organizations tied to the Second Amendment and the issue of gun control.
| 1791 |
- Second Amendment Ratified
- It states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." See U.S. Constitution.
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| 1871 |
- National Rifle Association Founded
- Union soldiers Col. William C. Church and Gen. George Wingate found the NRA to "promote and encourage rifle shooting on a scientific basis." Civil War Gen. Ambrose Burnside, who was also the former governor of Rhode Island and a U.S. Senator, serves as the organization's first president.
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| 1934 |
- National Firearms Act
- Brought about by the lawlessness and rise of gangster culture during prohibition, President Franklin D. Roosevelt hoped this act would eliminate
automatic-fire weapons like machine guns from America's streets. Other firearms such as short-barreled shotguns and rifles, parts of guns like silencers, as well as other "gadget-type" firearms hidden in canes and such were also targeted. All gun sales and gun manufacturers were slapped with a $200 tax (no small amount for Americans mired in the Great Depression; that would be like a tax of $2,525 today) on each firearm, and all buyers were required to fill out paperwork subject to Treasury Dept. approval.
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| 1938 |
- Federal Firearms Act
- Congress aimed this law at those involved in selling and shipping firearms through interstate or foreign commerce channels. Anyone involved in the selling of firearms was required to obtain a Federal Firearms License from the Secretary of Commerce ($1 annual fee). They were also required to record the names and addresses of everyone they sold guns to and were prohibited from selling to those people who were convicted of certain crimes or lacked a permit.
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| 1968 |
- Gun Control Act
- The assassination of John F. Kennedy, who was killed by a mail-order gun that belonged to Lee Harvey Oswald, inspired this major revision to federal gun laws. The subsequent assasinations of Martin Luther King and presidential candidate Robert Kennedy fueled its quick passage. License requirements were expanded to include more dealers, and more detailed record keeping was expected of them; handgun sales over state lines were restricted; the list of persons dealers could not sell to grew to include those convicted of felonies (with some exceptions), those found mentally incompetent, drug users and more. The act also defined persons who were banned from possessing firearms.
The key element of this bill outlawed mail order sales of rifles and shotguns; Up until this law, mail order consumers only had to sign a statement that they were over 21 years of age for a handgun (18 for rifle or shotgun); it also detailed more persons who were banned from possessing certain guns, including drug users, and further restricted shotgun and rifles sales.
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| 1972 |
- Bureau of Alcohol Tobacco and Firearms created
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Enforcement of the Gun Control Act was given to the Dept. of the Treasury's Alcohol and Tobacco Tax Division of the Internal Revenue Service. The organization replaced "tax" with "firearms," nearly doubled in size, and became the Bureau of Alcohol, Tobacco and Firearms (ATF).
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| 1986 |
- Law Enforcement Officers Protection Act
- Made it illegal for anyone to manufacture or import armor piercing ammunition, or "cop-killer bullets," which are capable of penetrating bulletproof clothing.
- Firearms Owners' Protection Act
- Eased restrictions on gun sellers and the sale of some guns. Imposed additional penalties for persons using a firearm during certain crimes and persons with robbery or burglary convictions who are illegally shipping guns.
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| 1990 |
- Crime Control Act
- Directed the attorney general to develop a strategy for establishing "drug-free school zones," including criminal penalties for possessing or discharging a firearm in a school zone. Outlawed the assembly of illegal semiautomatic rifles or shotguns from legally imported parts.
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| 1994 |
- Brady Handgun Violence Prevention Act
- Imposed, on an interim basis, a five-day waiting period and background check before a licensed gun importer, manufacturer or dealer can sell or deliver a handgun to an unlicensed individual.
Required a new National Instant Criminal Background Check System, run by the FBI, be ready to replace the waiting period by Nov. 30, 1998. The new background check system will apply to all firearms and will allow checks to be done over the phone or electronically with results returned immediately in most cases.
- Violent Crime Control and Law Enforcement Act
- Commonly referred to as the "Assault Weapons Ban," this bill banned the manufacture, possession, and importation of new semiautomatic assault weapons and large-capacity ammunition feeding devices (or magazines) for civilian use.
Criteria for semiautomatic assault weapons that fall under the ban are provided as well as a list of 19 specific firearms.
Prohibits juveniles from possessing or selling handguns and directs the attorney general to evaluate proposed and existing state juvenile gun laws.
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| 1998 |
- Brady Handgun Act Goes Into Effect
- The Brady Act goes into effect which requires all gun dealers to run background checks on all potential buyers using the National Instant Criminal Background Check system.
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| 1999 |
- Gun Bill Requires Trigger Locks
- A bill is passed which requires all newly made hand guns to have a trigger lock. The bill also extends the waiting period and background checks of firearms being sold at gun shows.
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| 2008 |
- Washington D.C. Handgun Ban Dismissed
- In District of Columbia v. Heller, a landmark case, the Supreme Court dismisses the Washington, D.C. handgun ban. The court ruled that the Second Amendment of the U. S. Constitution protects an individual's right to possess a firearm for private use within the home in federal enclaves, which the District of Columbia is considered.
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