The FBI processed a record high number of gun background checks in March nearly 4.7 million in one month. The agency is able to make an immediate determination about 90% of the time, but what happens when it can’t?
KANSAS CITY, Mo. — A Missouri law forbidding local police from enforcing federal gun laws is hampering efforts to protect the public, federal authorities say.
A blistering court brief filed Tuesday by the U.S. Department of Justice outlines multiple examples. The brief said that after an Independence police officer was killed in a shootout in September, state law enforcement initially refused routine federal assistance in tracing the murder weapon, The Kansas City Star reported.
The Justice Department says the Missouri state crime lab, operated by the Highway Patrol, also is refusing to process evidence that would help federal firearms prosecutions.
The Missouri Information and Analysis Center, also under the Highway Patrol, no longer cooperates with federal agencies investigating federal firearms offenses. And the Highway Patrol, along with many other agencies, have suspended joint efforts to enforce federal firearms laws.
The Justice Department’s brief comes in an ongoing lawsuit challenging the state gun law, filed by the city of St. Louis, St. Louis County and Jackson County.
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A Cole County court’s decision upholding the law is being appealed to the Missouri Supreme Court.
The brief says the law “poses a clear and substantial threat to public safety” and has “seriously impaired the federal government’s ability to combat violent crime in Missouri.”
The law declares “invalid” many federal gun regulations that don’t have an equivalent in Missouri law. These include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders.
Local departments are barred from enforcing them, or risk being sued for $50,000 by private citizens who believe their Second Amendment rights have been violated.
Police are also prohibited from giving “material aid and support” to federal agents and prosecutors in enforcing those “invalid” laws against “law-abiding citizens” — defined as those who Missouri law permits to have a gun.
The Justice Department, Democrats and other critics of the law, signed in June by Republican Gov. Mike Parson, say it’s blatantly unconstitutional. The brief appears to include the most extreme examples to date of the measure’s toll on law enforcement.
It says the law “is not only damaging valuable institutional relationships for enforcing firearms laws, but also increasing dangers in the field across a broad array of law enforcement operations.”
A Highway Patrol spokesman declined to comment, citing pending litigation.
A spokeswoman for Parson didn’t immediately comment. Republican Missouri Attorney General Eric Schmitt’s office, which is representing the state in the challenge to the gun law, hasn’t yet filed a brief in the appeal.
Gun control legislation that passed and failed over the last 20 years
Gun control legislation that passed and failed over the last 20 years
Few issues spark more passion in the United States than gun control.
Proponents argue the country must impose stricter regulations to address the horrifying number of gun-related deaths—nearly 20,000 in 2020 despite the coronavirus pandemic, the Washington Post reports. That’s the highest number in at least 20 years.
Opponents say adding new gun control laws not only could infringe on Second Amendment rights but also will not deter someone determined to kill. And citizens with guns have stopped mass murders, they say. The gun lobby has been particularly effective in tying unrestricted gun access to the Republican party, and Democratic lawmakers have had little success in passing legislation over the last two decades. But that could change. The National Rifle Association has filed for bankruptcy as the New York attorney general accuses it of illegal conduct, and groups advocating for gun control— including March for Our Lives, Everytown for Gun Safety, and Moms Demand Action—are challenging its influence.
Stacker compiled 20 pieces of gun control legislation that either passed or failed over the last 20 years, using information from government reports and political news sources. They are listed in chronological order based on the month and year each passed or failed. The list is just a snapshot. More than 2,000 firearms-related bills have been introduced since 2001.
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Tiahrt Amendment
– Status of legislation: passed
– Date passed or failed: 2003
Named for a former Kansas Republican congressman, the amendment has been part of U.S. Department of Justice spending bills since 2003 though some restrictions have been loosened. Passed under pressure from the gun lobby, it prohibits the ATF from releasing data that traces firearms used in crime back to dealers, prohibiting cities, states, researchers, and others, to learn from that data. It also requires records of approved gun purchasers be destroyed within 24 hours, and prohibits requiring gun dealers to conduct inventories. Critics say it severely limits research into gun violence.
Protection of Lawful Commerce in Arms Act
– Status of legislation: passed
– Date passed or failed: October 2005
The law shields licensed gun manufacturers, dealers, and sellers from civil lawsuits “resulting from the criminal or unlawful misuse” of a firearm or ammunition. The law, which includes some exceptions, was a response to lawsuits from municipalities and gunshot victims. Gun rights activists say it protects gun makers from attempts to circumvent Second Amendment rights. President Joe Biden wants the law overturned.
District of Columbia v. Heller
– Status of legislation: passed
– Date passed or failed: 2008
The landmark U.S. Supreme Court ruling found that individuals have a constitutional right to own a firearm and rejected the argument that the Second Amendment applies only to those in a “well regulated militia.” The decision overturned a ban on handguns in the District of Columbia, finding that a police officer, Dick Anthony Heller, had a right to keep a loaded handgun at home for protection, although the court noted that the Second Amendment right is not absolute.
Expanded background checks
– Status of legislation: failed
– Date passed or failed: April 2013
The expanded background checks were a key segment of President Barack Obama’s attempt to tighten gun control after the massacre of 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut. A compromise proposal from Democratic Sen. Joe Manchin of West Virginia and Republican Sen. Pat Toomey of Pennsylvania failed, as did others, to ban assault weapons and limit ammunition magazines, all of which the National Rifle Association opposed. Nine out of 10 Americans were in favor of background checks.
Lori Jackson Domestic Violence Survivor Protection Act
– Status of legislation: failed
– Date passed or failed: June 2014
Named after a 32-year-old mother shot to death by her estranged husband in Connecticut, the proposed law would have prohibited those under a temporary restraining order from buying or possessing a firearm. Lori Jackson had gotten a temporary order but was killed before a hearing on making that order permanent, so her husband possessed his gun legally. Her mother said he fled before court appearances. The legislation also would have protected those abused by dating partners, a provision the NRA opposed.
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Domestic Violence Gun Homicide Prevention Act of 2014
– Status of legislation: failed
– Date passed or failed: July 2014
The legislation proposed by Sen. Richard Blumenthal would have authorized the Department of Justice to make grants to states to help keep firearms away from people legally prohibited from having them or to remove guns when there is probable cause to believe they would be used for domestic violence. The senator has since reintroduced this bill and the Lori Jackson Domestic Violence Survivor Protection Act.
Homemade Firearms Accountability Act
– Status of legislation: failed
– Date passed or failed: September 2014
The legislation would have required serial numbers for homemade firearms with Democrats arguing that the legislation was needed because 3-D printer technology allowed many more people to build firearms at home. Supporters such as the Brady Campaign to Prevent Gun Violence noted that homemade guns had been used in mass shootings. The legislation had little chance in the then Republican-controlled House and it failed to move out of committee.
Denying Firearms and Explosives to Dangerous Terrorists Act of 2015
– Status of legislation: failed
– Date passed or failed: December 2015
Introduced by Democratic Sen. Dianne Feinstein of California, the bill would have prohibited people on a federal terrorism watch list from buying guns. Critics noted the flaws in the watch list, including names added in error and the difficulty in getting mistakes corrected. Famously, the late Sen. Ted Kennedy of Massachusetts was questioned at airports because one suspect had used the alias “T. Kennedy,” the Los Angeles Times noted.
Criminalizing straw purchasing and gun trafficking
– Status of legislation: failed
– Date passed or failed: December 2015
The bill would have made firearms trafficking a federal crime and increased penalties for “straw purchasers” who buy guns for those prohibited from purchasing them. It followed a report from the Bureau of Alcohol, Tobacco, and Firearms that when more than 100,000 guns recovered in Mexico between 2009 and 2014 were submitted for tracing, 70% came from the United States. In March 2021, a bipartisan bill was reintroduced. The NRA argues laws are already in place.
Enhanced background checks
– Status of legislation: failed
– Date passed or failed: June 2016
Republicans and Democrats introduced competing legislation. Republicans would have improved the existing background check system and defined what it meant to be found “mentally incompetent,” a barrier to buying a gun. They wanted the attorney general to look at whether violent video games caused mass shootings. Democrats called for a federal background check on every gun purchase, including those from private online dealers and at gun shows, which are typically excluded. Before voting, Democratic Sen. Chris Murphy of Connecticut led a 15-hour filibuster.
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72 hour waiting period for those on terrorist watch lists
– Status of legislation: failed
– Date passed or failed: June 2016
The shooting at Orlando’s Pulse nightclub renewed debate over regulating gun purchases for those on national terrorist watch lists. Republican Sen. John Cornyn of Texas proposed a 72-hour delay for anyone who had been on a list within the past five years to give officials time to appeal to a judge. Omar Mateen, who killed 49 people at the club, had been on watch lists, though not at the time of the shooting. Democrats questioned how evidence could be produced in 72 hours.
Help End Assault Rifle Tragedies Act
– Status of legislation: failed
– Date passed or failed: July 2016
The legislation would have made it illegal for children under the age of 16 to handle assault weapons. It grew out of a tragedy at a shooting range in Arizona when a 9-year-old girl accidentally killed Charles Vacca, her instructor. She lost control of an Uzi when he let her fire it on her own. His three children began a petition and convinced members of Congress to introduce the bill.
Preventing violent juvenile offenders from gun ownership
– Status of legislation: failed
– Date passed or failed: September 2016
Proposed by former Democratic Rep. Steve Israel of New York, the bill would have prohibited violent juvenile offenders from possessing a firearm. Israel argued at the time that young people are more easily able to avoid a ban on buying a gun that is imposed on anyone who is convicted of a crime and serves more than one year. They are often given more lenient sentences because of their age, he said. The House was then controlled by Republicans.
Gun Show Loophole Closing Act of 2017
– Status of legislation: failed
– Date passed or failed: March 2017
The bill would have required that background checks be conducted for all gun sales and transfers at gun shows, that gun show operators register with the attorney general, and that the ATF be permitted to hire investigators to inspect gun shows, and examine the records kept by gun show operators and vendors. Currently, private firearm owners can sell guns at gun shows without conducting background checks or maintaining records of the purchases. The NRA opposes expanded background checks.
Safer Neighborhoods Gun Buyback Act
– Status of legislation: failed
– Date passed or failed: September 2017
The bill called for providing the U.S. Department of Justice with a two-year $360 million grant to distribute debit cards to state and local governments, as well as to gun dealers, who could then have distributed them to gun owners in exchange for firearms. The debit cards could not have been used to buy firearms or have been redeemed for cash. Ten percent of the grant money was to have been designated for recycling the guns.
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Handgun Safety Trigger Act
– Status of legislation: failed
– Date passed or failed: October 2017
The “smart gun” legislation would have required that within two years of its enactment, all newly manufactured handguns be personalized so that only authorized users could operate them. The technology makes the gun inoperable for anyone else, including criminals and children. Such guns have been available for import into the United States since 2011. The bill was reintroduced after 59 people were killed by a gunman in a Las Vegas hotel firing down onto a country music concert. The NRA says it does not oppose smart guns but is against moves to mandate them.
Required Background Checks
– Status of legislation: failed
– Date passed or failed: October 2017
The bill would have prohibited a licensed gun dealer from concluding a sale if a background check had not been completed. Currently, a gun sale can proceed if the check is not finished after 72 hours. Dylann Roof, the white supremacist who killed nine people at Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015 was able to buy a .45-caliber handgun when the FBI was unable to track down his arrest on drug charges within three days. The NRA opposes expanded background checks.
Bipartison bumpstock ban
– Status of legislation: failed
– Date passed or failed: October 2017
A bill would have banned the sale of bump stocks and other devices that enable semi-automatic weapons to be easily modified to fire faster, the way an automatic weapon would. Automatic weapons have been illegal for more than 30 years. The Las Vegas gunman modified the weapons he used to fire on a country music concert. This legislation stalled, but the Trump administration banned bump stocks as of 2019.
Closing the Charleston loophole
– Status of legislation: passed House
– Date passed or failed: March 2021
The House passed the “Charleston loophole” that allowed Dylann Roof, the gunman who killed nine churchgoers in Charleston, South Carolina, in 2015, to make a handgun purchase that should have been blocked. The bill would increase the period for background checks to 20 days from three, but it is unclear whether it has the votes it needs to advance in the Senate. Young people spurred to act after the shooting in Parkland, Florida, helped to get similar legislation passed by the House in 2019.
Universal background checks
– Status of legislation: passed House
– Date passed or failed: March 2021
The bill, which passed the House, would require background checks on all gun sales and transfers. Democrats control Congress and are more hopeful than in the past, but the bill was approved with little Republican support and it lacks the votes it needs to move forward in the Senate. The NRA is opposed to the bill. Similar legislation cleared the House after the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
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