Conflicting Laws, Common Crisis: State vs Federal Approaches to Gun Violence
BY VIVIANA DIAZ
Image Credits: @jay_rembert on Unsplash (Unsplash License)
While federal and state governments consistently use their power to regulate the possession and use of firearms, gun violence remains a prevalent issue in modern American society. Based on data from 2023, the CDC reported that 46,728 lives were lost to guns, making it the third-highest number in United States history. Gun-related deaths are one of the leading causes of death in the United States, disproportionately affecting marginalized groups. Beyond its catastrophic effects, gun violence has occurred in the most unanticipated settings, including elementary schools and music concerts.
Gun control advocates and victims of gun violence have called for proper legislation to address this issue. Historically, there have been differences between state and federal responses to gun violence. In particular, the extent of gun regulation in state laws can vary immensely from one state to another. Hence, there is a legal tension between the two, as federal law imposes more gun restrictions than some states yet is more lenient than others. This tension raises questions about the future implications and potential effects that the differences between state and federal gun laws may have on American society.
Prevalence of Gun Violence in the United States
Recent data shows that the rate of gun-related deaths has increased over the years. Between 2014 and 2023, the rate of gun homicide increased by 57%. Moreover, a significant contributor to these deaths is mass shootings. Between 2000 and 2021, it was reported that the number of active shooter incidents increased from 3 to 61 over that time span. In addition, there is a significant variation in gun-related death rates across the United States. In 2021, the highest gun murder rates were reported in the District of Columbia, Mississippi, and Louisiana, each with over 18 deaths for every 100,000 people. In contrast, Massachusetts, Idaho, and Hawaii reported the lowest gun murder rates, all with under 2 gun deaths per 100,000 people.
Furthermore, the state gun death rates can be compared to those of countries known for high rates of crime and conflict. A recent study revealed that Mississippi’s firearm death rate is over twice as high as Haiti’s, a developing nation characterized by gang violence. Louisiana and Alabama have higher death rates from firearms than Mexico, a country where violent conflicts among drug cartels are prevalent.
Recent data also showed that certain minority and historically underrepresented groups are disproportionately affected by gun violence. Data on gun homicide rates indicated that African Americans are 13 times more likely to be affected than their white counterparts. Additionally, gun-related deaths have repeatedly proven to be the leading cause of death for children. Over the past decade, the homicide rate for Black and Latinx children has doubled.
As the number of gun-related deaths increases, news outlets have reported on mass shootings, providing newly released updates on these incidents as the stories develop. On February 14, 2018, a former student of Marjory Stoneman Douglas High School entered the school with a rifle and killed 17 people, 14 of them students. The shooter escaped the scene but was found and arrested an hour later. In Texas, high school student Salvador Ramos used two rifles to kill 21 people at Uvalde Elementary School. Among the victims, 19 were third and fourth-graders, making it one of the deadliest school shootings in the history of the United States.
The prevalence of mass shootings across the country has sparked calls for gun reform, particularly through advocacy and mobilization efforts. For instance, following the Marjory Stoneman Douglass shooting, students from the high school created an organization called March for Our Lives. Through their efforts, protests and demonstrations have been organized nationwide in support of legislation that minimizes gun violence and creates safer communities. Another organization, Moms Demand Action, was founded by Shannon Watts to advocate for stronger gun control laws and keep families safe. As an activist, Watts consistently highlights the rise in school shootings over recent years and the mental toll gun violence has taken on students, parents, and communities.
Federal Legislation on Gun Control
Throughout history, numerous laws and decisions at the federal level have aimed to address the use and restriction of guns. The United States Constitution’s Second Amendment protects citizens’ right to possess firearms. Meanwhile, the Tenth Amendment states that any power that is not granted to the federal government is reserved to the states and the people. This framework establishes a balance of power dynamic between the federal and state governments, allowing the states to enact laws at their own discretion while limiting the powers of the federal government to those that are explicitly stated in the Constitution. In the McDonald v. City of Chicago (2010) case, the Supreme Court ruled that Chicago’s handgun ban violated the right to own a firearm, granted by the Second Amendment. This case demonstrates the power that federal authority has over state and local laws, particularly in regards to the possession of a firearm. Additionally, the Federal Firearms Act (1938) placed significant regulations on firearm distribution nationwide. Under this law, producers and sellers of firearms were required to obtain a federal firearms license, keep records of their buyers, and prohibit certain individuals -such as convicted felons- from purchasing firearms.
Gun Laws in the States
In legislation within the states, there has been a variation in the approach to gun control. For example, in California, gun buyers must be 21 years or older. Further, convicted felons in California are permanently prohibited from possessing a firearm. Individuals with certain misdemeanor violations are prohibited from having a firearm for 10 years. California also does not recognize concealed carry licenses issued by other states. Therefore, people with out-of-state licenses are not allowed to own and carry a firearm in California. In contrast, Texas allows anyone to carry a firearm publicly, even without a license. However, Texas law does prohibit firearms in certain places, such as schools and polling places. People who are 18 and over are allowed to apply and receive a license to carry a gun. However, only people who are over the age of 21 are allowed to carry a firearm.
Legal Complexity in State and Federal Gun Control
Federal laws provide a legal framework that states modify into their own legislation. This creates varied interpretations of what constitutes effective gun control, therefore creating significant disparities in gun control across states. State laws can be stricter or more lenient than federal regulations. The variability in state gun restriction poses a challenge for federal laws to be upheld in states with conflicting legislation. With varied approaches to gun control, there have been debates on the level of gun control at the federal level, which increases polarization and makes it difficult to reach a nationwide agreement on gun control. Nonetheless, a variation in gun regulation can address the needs of more localized communities, such as hunting practices in rural areas and gun violence in cities. Even so, there needs to be a balance in upholding the power reserved for the states with national standards for gun control. Achieving this balance requires collaborative efforts between federal and state governments to adequately address gun violence while ensuring the safety and rights of all Americans.
This article was edited by Kristina Karelyan and Ryan Balberman.