Recent Changes in Gun Control Policy.
Written by: Madison Bromke
The news is filled with horrendous images of innocent victims in the crossroads of gun violence. Indeed, since 2014, the number of mass shootings per year has shockingly increased from 272 to 692 (according to the Gun Violence Archive).
What are lawmakers and the courts doing in the face of these gun-related casualties? Policymakers, advocates, and ordinary citizens are watching closely to see what changes judges and legislators will make to our gun policies and how they will impact our lives.
Last month, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen. This is the most recent Supreme Court case involving the Second Amendment and addressing where guns can be carried. In a 6-3 decision, the Court Struck down a New York that implemented restrictions on people carrying concealed handguns outside their homes. The invalidated New York law had mandated that individuals show “proper cause” to receive a concealed carry permit in the state.
In the Bruen decision, the justices examined the precedent set in prior cases such as DC v. Heller (2008) and McDonald v. Chicago (2010). Both Heller and McDonald recognized an individual constitutional right to own a firearm for self-defense purposes. Using the analysis set forth in these cases, the Bruen Court found there was no historical precedent to support the New York restrictions, which therefore violated an individual’s right to carry a firearm for self-defense. As the Court explained, the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”
What are the implications of this decision for state policies? New Jersey, along with other states and the District of Columbia, has similar gun control laws to those overturned in New York. If a case involving one of these measures was brought to the Supreme Court in the next few years, it is likely that the court will continue to expand gun rights.
This context means that Congress will be an essential arena for adopting policies that are both consistent with Supreme Court precedent while protecting public safety. Last month, Congress passed new gun control legislation. As a result of longstanding polarization, Congress had not passed significant gun control legislation for almost 30 years. But the horrific shooting in Uvalde, Texas, broke this stalemate and forced Congress to take action.
While the new law is not as progressive and encompassing as the Biden administration originally intended, it is heading in the right direction. Among other measures, the law imposes more demanding background checks for handgun purchasers under the age of 21 and provides federal funding for mental health and school security.
The emergence of this new policy illustrates the complexity of the American policy process, involving the push and pull of state laws, Supreme Court decisions, national legislation, and the pressures of public opinion and current events.
Our country today is more polarized than ever. As a result, it is difficult to make decisions and pass legislation, especially on highly controversial topics such as gun violence. The recent passage of federal gun control legislation suggests that our governing process can still function, even if the results are interstitial and arguably modest. Because of this, it is more important than ever to be educated and attentive in advocating for the policy changes that you wish to see.
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Madison Bromke is the Senior Managing Editor for the Undergraduate Politics and Law Journal at Fairleigh Dickinson University. Madison will graduate this spring with a Criminology major and a Pre-Law minor.