Gun Control - Schmidt Law Services

Straight Talk
Gun Control Laws
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.
- Ratified 1791
Federal Restrictions
1934 National Firearms Act
1938 Federal Firearms Act
1968 Gun Control Act
1986 Law Enforcement Officers Protection Act and
Firearm Owners Protection Act
1990 Crime Control Act
1994 Brady Handgun Violence Prevention Act and
Violent Crime Control and Law Enforcement Act
2003 Tiahrt Amendment
2005 Protection of Lawful Commerce in Arms Act
Michigan Gun Laws
MI Constitution: Every person has a right to keep and
bear arms for the defense of himself and the state.
Weapons Free School Zones
Licensed pistol requirements
Concealed Pistol License
Includes mental health & criminal history limitations
Includes stricter mental health & criminal history limitations
Trigger-locks & Gun Cases in every federally licensed
Hunting Licenses & Tags
District of Columbia v. Heller - 2008
Washington DC banned handguns within city limits
and required long guns to be kept unloaded and
dismantled, or trigger-locked except when used for
recreational purposes or business
The Court affirmed an individual's right to own a
gun and use it in traditionally lawful ways (including
self defense)
The Court required DC to issue handgun licenses
to individuals who qualified
2012 – The Year of the Gun?
April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos
University, a Korean Christian college in Oakland, CA.
July 20, 2012. 24-year-old James Holmes killed 12 people and
wounded 58 during the midnight premiere of The Dark Knight Rises in
Aurora, CO.
August 5, 2012. 40-year-old US Army veteran Wade Michael Page
killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek,
December 14, 2012. Adam Lanza, 20,
killed 26 people (20 children) and himself
at Sandy Hook Elementary School in
Newtown, Connecticut
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The Debate:
Gun Control vs. Gun Rights
“Protect Yourself”
“Protected by the State”
Top Supporter: The Brady Campaign
to Prevent Violence
Top Supporter: The National Rifle
Association (NRA)
Police are not required to protect
you, so you must be allowed to
protect yourself
Ban highly lethal military-style semiautomatic weapons
Criminals don't buy guns legally, so
background checks won't work
Ban high-capacity magazines to limit
fatalities & give time to intervene
Previous Assault Weapons bans
had no effect on gun crime
Most criminals fire less than 10
bullets so high-capacity
ammunition bans are unnecessary
Law-abiding citizens must be
allowed to arm themselves against
Universal Background checks are
needed to keep convicted felons
and the dangerously mentally ill
from buying guns
Empower ATF to investigate and stop
gun trafficking
Limit the number of guns bought at a
time to stop trafficking
How to Respond:
Gun Control or Gun Rights
We need to make it easier for
mentally ill people to get help
rather than turn to violence
The best way to prevent gun
crime is a well-armed, welltrained populous
We need to make it harder
for violent or criminally
minded people to get guns
We need to provide more
security in our schools
We need to limit the damage
that can be done before
police are able to respond
and intervene
Restrictions on gun purchases
hurt law-abiding citizens, not
the criminals who perform
gun violence
What Are the Facts?
What are the Facts?
Murder Victims by Weapon Type 2011
Image Source:
Blunt Objects
Other/not stated
Information Source:
Where the Public Stands
August 2012
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The Response
Obama's Executive Orders
Federal agencies must give data to federal
background check system
Release DOJ report on lost & stolen guns
Remove legal barriers (HIPPA) preventing states
from giving data to background check system
Provide shooter-response training to police, first
responders & school officials
Improve state incentives to share data
Review categories of prohibited individuals
Nominate ATF director
Prosecute gun crime & prevent gun violence
Direct CDC to research gun violence causes &
Recommend law enforcement run full background
checks before returning seized guns
Release AG report on new safety technology
ATF to provide guidance on background checks to
Allow doctors to ask patients about guns in their
private sellers
National safe & responsible gun ownership
Allow healthcare providers to report threats of
violence to police
Review safety standards for gun locks & safes
Encourage schools to hire resource officers
Require federal trace on guns recovered in
criminal investigations
Clarify Medicaid mental health coverage
Finalize health parity regulations
Develop model emergency-response plans for
schools & places of worship
Clarify ACA essential health benefits & parity
Launch national dialog on mental health
Current Pending Federal Legislation
Gun Control Bills
S.150 Assault Weapons Ban of 2013
Also HR 138
HR.329 Strengthening Background Checks Act of
S.82 would give no effect to any executive action
infringing on the 2nd Amendment
Also HR.410
HR.133: Citizens Protection Act of 2013
S.54 Stop Illegal Trafficking in Firearms Act of
HR.332 Equal Access to Justice for Victims of
Gun Violence Act
S.22 Gun Show Background Check Act of 2013
Also HR.437
S.33 Large Capacity Ammunition Feeding Device
Act of 2013
Gun Rights Bills
Also HR 141
S.35 Stop Online Ammunition Sales Act of 2013
Also HR 142
HR.427: Trafficking Reduction And Criminal
Enforcement (TRACE) Act
HR.236 Crackdown on Deadbeat Gun Dealers Act
H.R. 65: Child Gun Safety and Gun Access
of 2013
Prevention Act of 2013
HR.117: Handgun Licensing and Registration Act
H.R. 34: Blair Holt’s Firearm Licensing and Record
of 2013
of Sale Act of 2013
HR.21: NRA Members’ Gun Safety Act of 2013
H.R. 137: Fix Gun Checks Act of 2013
Civil Rights ● Family ● Criminal