NCJ Number
215307
Date Published
February 2006
Length
13 pages
Annotation
After documenting the U.S. Congress' failure to pass effective gun laws and its weakening of those that do exist, this paper reports on California's and other State's local and State gun ordinances and laws.
Abstract
The U.S. Congress has not enacted any significant gun legislation since the early 1990s, when it passed the Brady Act. The Brady Act requires federally licensed dealers, but not private sellers, to conduct background checks on firearm purchases. The "loophole" gives criminals, minors, and the mentally ill easy access to guns through unlicensed sellers. There are no Federal laws to regulate guns as a consumer product; to require that handgun owners be licensed or that handguns be registered; to limit the number of handguns that can be purchased at any one time; to impose a waiting period; or to restrict access to certain military-style firearms. On October 26, 2005, President Bush signed legislation to provide unprecedented legal immunity to the gun industry. California has enacted many gun laws to fill the void left by Federal inaction. It has closed the "private sale" loophole; maintains handgun purchaser records; requires handgun purchasers to obtain a handgun safety certificate; bans "junk" guns; requires all firearms manufactured or sold in the State to have an approved firearms safety device; bans assault weapons; limits handgun purchases to one per month per person; imposes a 10-day waiting period; and bans 50 caliber rifles. In 2005, Governor Schwarzenegger signed two gun-violence prevention bills. One prohibits the sale of ammunition to minors, and the second requires owners of guns seized at domestic violence incidents to undergo a background check prior to the guns' return. Another bill signed requires the State's Department of Justice to maintain automated records of firearms lost by or stolen from firearms dealers until the firearms are recovered. 35 notes