Federal Gun Control in America: A Historic Guide to Major Federal Gun Control Laws and Acts

For Americans, the crux of gun control laws has been how to disarm dangerous individuals without disarming the public at large. Ever-present in this quest is the question of how the perception of danger should impact guaranteed freedoms protected within the Bill of Rights.

Not only is such a balancing act difficult as-is, but there are also two additional factors that make it even more challenging: America’s federal government is constitutionally bound by the Second Amendment, and politicians notoriously take advantage of tragedies to pass irrational laws when emotions are at their highest. As President Obama’s former Chief of Staff, Rahm Emanuel, once famously remarked:

You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things you think you could not do before.

This line of thought is not new to American politics. From the emancipation of enslaved Americans and the organized crime wave of the 1930s to the assassinations of prominent leaders in the 1960s and the attempted assassination of President Reagan in the 1980s, fear has proved a powerful catalyst for appeals about gun control.

Below is an overview of the history behind major gun control laws in the federal government, capturing how we’ve gone from the Founding Fathers’ America of the New World to the United States of the 21st century.

Second Amendment in America’s Bill of Rights: Ratified December 15, 1791

Congress added the Bill of Rights to the Constitution of the United States specifically “to prevent misconstruction or abuse of its powers.” The Second Amendment is the foundational cornerstone of every American’s right to bear arms, stating:

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.

The right to bear arms was second only to the first – the most vital freedoms of religion, speech, the press, the right to assemble and the right to petition government for redress of grievances. Meanwhile, conflicting views have left government and personal interest groups struggling to reconcile technological advances, isolated but significant violent anomalies and the constitutional mandate protecting the natural right to self defense and this most basic aspect of the Bill of Rights.

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The 9/11 Attacks: Understanding Al-Qaeda and the Domestic Fall-Out from America’s Secret War

With American military personnel now entering service who were not even alive on 9/11, this seems an appropriate time to reexamine the events of September 11, 2001 – the opaque motives for the attacks, the equally opaque motives for the counter-offensive by the United States and its allies known as the Global War on Terror, and the domestic fall-out for Americans concerned about the erosion of their civil liberties on the homefront.

Before venturing further, it’s worth noting that our appraisal is not among the most common explanations. Osama bin Laden, his lieutenants at Al-Qaeda, and the men who carried out the attack against the World Trade Centers and the Pentagon are not “crazy,” unhinged psychopaths launching an attack against the United States without what they consider to be good reason.

Nor do we consider then-President George W. Bush to be either a simpleton, a willing conspirator, an oil profiteer, or a Machivellian puppet whose cabinet were all too happy to take advantage of a crisis.

The American press tends to portray its leaders as fools and knaves, and America’s enemies as psychopathic. Because the propaganda machine hammered away so heavily on the simple “cowardly men who hate our freedom” line, there was not much in the way of careful consideration of the actual political motives of the hijackers, the Petro-Islam that funded them, the ancient, antagonistic split between Sunni and Shi’a, the fall-out from the 1979 Iranian revolution or the 1970s energy crisis, the historical context of covert American involvement in the Soviet-Afghan War and the Iran-Iraq War of the 1980s, nor the perceived “imperialist humanitarianism” of American military adventures of the 1990s in Muslim nations like BosniaIraqSomalia and Kosovo. Alone, none of these factors were deadly. Combined, they provided a lethal combination.

It is our considered opinion that the events of 9/11 and those that followed in direct response to the attacks – including the invasion of Iraq – were carried out by good faith rational actors who believed they were acting in the best interests of their religion or their nation. There are no conspiracy theories here; sometimes truth is stranger than fiction.

This opinion does not in any way absolve the principals from moral responsibility for the consequences of their actions. It does, however, provide what we believe to be a more accurate and nuanced depiction of events than is generally forthcoming from any sector of the media – because we see these principals as excellent chess players who, in the broad sweep of events, engaged in actions which are explicable.

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If It Bleeds It Leads: How the American Media Perpetuates and Profits from Mass Shootings

I have repeatedly told CNN and our other media the following if you don’t want to propagate more mass murders: Don’t start the story with sirens blaring. Don’t have photos of the killer. Don’t make it 24/7 coverage. Do everything you can not to make the body count the lead story. Localize the story to the affected community. And make it as boring as possible in every other market.

Video games. 4chan. “Toxic masculinity.” These are just a few of the media’s favorite folk devils when it comes to assigning blame for mass shootings in America. However, there is startling evidence that how the media covers these tragedies makes them culpable in perpetuating future ones.

This might sound like an outlandish claim, but it’s supported by evidence from no less an authority than the National Institutes of Health. It’s related to a well-established phenomenon of copycat suicides known as the Werther Effect. Other countries’ medias have taken steps to minimize the Werther Effect through self-imposed industry standards on suicide reporting, and many of these standards have parallels with the coverage of mass shootings.

The American media currently has no industry standard practices for how to cover either suicides or mass shootings. However, one can easily see the difference between how mass shootings and suicides are covered. Whereas suicides are treated as sombre tragedies, mass shootings often have the sensationalism turned up to 11. There’s a detailed discussion of the shooter’s life story, motives and methods. Strong evidence suggests that this both encourages and instructs potential mass shooters.

Statistically-speaking mass shootings represent a tiny portion of all deaths in the United States. For example, 2017 was the deadliest year for mass shootings in America with a total of 117 people killed. For context, 102 people die from automobile accidents every day according to the National Highway Traffic Safety Institute.

Despite the low frequency of these tragedies, the media pays outsized attention to them for self-serving reasons which are both political and economic: There’s a demonstrated anti-gun agenda amongst America’s media. And there’s the ongoing shift in the media’s business model to attention-based revenue that results in ever-more sensational news coverage and “clickbait” headlines.

The lurid attention to mass shootings is profitable for America’s press, cable news networks, and social media companies – despite the consequences encapsulated by the Werther Effect. Thus a look at the role the American media plays in perpetuating these rampage killers is in order.

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The 16th Amendment: How the U.S. Federal Income Tax Became D.C.’s Favorite Political Weapon

The American Revolution was sparked in part by unjust taxation. After all, the colonists in Boston rebelled against Britain for imposing “taxation without representation,” and summarily tossed English tea into the harbor in protest in 1773.

Nowadays Americans collectively spend more than 6 billion hours each year filling out tax forms, keeping records, and learning new tax rules according to the Office of Management and Budget. Complying with the byzantine U.S. tax code is estimated to cost the American economy hundreds of billions of dollars annually – time and money that could otherwise be used for more productive activities like entrepreneurship and investment, or just more family and leisure time.

The majority of these six billion hours sacrificed by Americans to Washington each year goes to complying with a tax that didn’t even exist until 100 years ago – the federal income tax.

Worse still, this tax has become a political weapon for Washington to incentivize certain activities (home ownership, charitable giving, etc.) and to punish others. It’s a tax that follows Americans wherever they go in the world, and it’s one that was originally sold to the American people by President Woodrow Wilson as a means of “soaking the rich” during the so-called Gilded Age.

How did a country that was founded on the concept of limited government come to embrace such a draconian policy? And what does it say about Washington that tax reform has become synonymous with class warfare and corporate lobbyists?

Read on to learn the history of the 16th Amendment – which authorized the federal collection of an income tax – and how that power has ultimately meant the growth of Washington at the expense of just about everyone else.

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Siege at Ruby Ridge: The Forgotten History of the ATF Shootout That Started a Militia Movement

The Siege at Ruby Ridge is often considered a pivotal date in American history. The shootout between Randy Weaver and his family and federal agents on August 21, 1992, is one that kicked off the Constitutional Militia Movement and left America with a deep distrust of its leadership – in particular then-President Bill Clinton and Attorney General Janet Reno.

The short version is this: Randy Weaver and his wife Vicki moved with their four kids to the Idaho Panhandle, near the Canadian border, to escape what they thought was an increasingly corrupt world. The Weavers held racial separatist beliefs, but were not involved in any violent activity or rhetoric. They were peaceful Christians who simply wanted to be left alone.

Specifically for his beliefs, Randy Weaver was targeted by the Bureau of Alcohol, Tobacco and Firearms (ATF) in an entrapping “sting” operation designed to gain his cooperation as a snitch. When he refused to become a federal informant, he was charged with illegally selling firearms. Due to a miscommunication about his court date, the Marshal Service was brought in, who laid siege to his house and shot and killed his wife and 14-year-old son.

Randy Weaver was, in many ways, a typical American story. He grew up in an Iowa farming community. He got decent grades in high school and played football. His family attended church regularly. He dropped out of community college and joined the United States Army in 1970. After three years of service, he was honorably discharged.

One month later he married Victoria Jordison. He then enrolled in the University of Northern Iowa, studying criminal justice with an eye toward becoming an FBI Agent. However, he dropped out because the tuition was too expensive. He ended up working in a John Deere plant while his wife worked as a secretary before becoming a homemaker.

Both of the Weavers increasingly became apocalyptic in their view of the world. This, combined with an increasing emphasis on Old Testament-based Christianity, led them to seek a life away from mainstream America, a life of self-reliance. Vicki, in particular, had strong visions of her family surviving the apocalypse through life far away from what they viewed as a corrupt world. To that end, Randy purchased a 20-acre farm in Ruby Ridge, ID, and built a cabin there.

The land was purchased for $5,000 in cash and the trade of the truck they used to move there. Vicki homeschooled the children.

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The Supreme Court and the Second Amendment: Understanding the Court’s Landmark Decisions

The Second Amendment is one of most fundamental provisions of the Bill of Rights, and one of the most fiercely debated. Since it was first put to paper, legal scholars, gun owners and anti-gun activists have engaged in an endless discussion over the meaning and scope of the Second Amendment, and for most of that time, gun owners have been on the losing side of the argument.

Time and again, the pro- and anti-gun factions of American society have appealed to the Supreme Court, the last judge of the law, for a resolution of their differences. Except in its earliest ruling on the Second Amendment, the Supreme Court held that American citizens had no inherent right to bear arms. According to the highest court in the land, the Second Amendment only protected the states’ right to maintain a militia, not an individual’s right to possess firearms.

Gun owners were not the only ones affected by the Supreme Court’s earliest interpretation of the Second Amendment. Under the same ruling that allowed states to restrict gun ownership, states were also allowed to pass laws to favor certain religions, ban certain kinds of speech and outlaw certain kinds of assembly. By restricting the Second Amendment, the Supreme Court left the First Amendment seriously weakened for many years. In a very real way, the right to bear arms is the guarantor of all other rights, and any threat to the Second Amendment endangers the entire Bill of Rights.

It was only in 1925 that the Supreme Court ruled that states had to respect the First Amendment, guaranteeing freedom of speech, press, religion and assembly. It would take nearly another century for the Supreme Court to protect the Second Amendment from the states and to guarantee an individual’s inviolable right to keep and bear arms for hunting and self-defense.

As a gun owner and an American citizen, you have a duty to defend your rights. Simply exercising your right to gun ownership is not enough. It’s also imperative you learn the history of landmark Second Amendment Supreme Court cases that have decided and will continue to decide the scope of our gun rights in the years to come.

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