Understanding key terms in the gun control debate

Transcription

1 Understanding key terms in the gun control debate By Shayna Orens and Gabriele Carotti-Sha, Newsela on Word Count 1,434 Level 980L Image 1. A sign for Nagel's Gun Shop, one of the 6,700 gun dealers located near the 2,000-mile long U.S.-Mexico border, in San Antonio, Texas, Photo by: Gilles Mingasson/Getty Images The gun debate can be both heated and confusing. In this article, we will go over some of the key terms that come up in debates about gun control laws. Understanding these definitions is essential in order to follow the arguments that have been raised for or against tighter regulations. They might help you come up with arguments of your own. The chart below shows what restrictions apply to your state. Opponents of tighter gun regulations often refer to the Second Amendment of the U.S. Constitution. This amendment, adopted in 1791, states the following: 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. This article is available at 5 reading levels at 1

2 The Second Amendment is understood in different ways. In 2008, the Supreme Court said it protects responsible, law-abiding citizens' rights to possess working handguns in their homes for self-defense. This interpretation is supported by the National Rifle Association's Institute for Legislative Action. The group says the ruling also applies to certain assault weapons. The institute believes firearms are legally allowed if they are for defense purposes. The National Rifle Association, or NRA, is a powerful pro-gun group in the U.S. Federal Vs. State Law In the United States, there is a difference between federal and state laws. Federal laws are passed by Congress and apply to the whole country. Each state is also able to have its own laws as long as they don't go against federal ones. This applies to gun laws as well. Federal and state rules decide who can manufacture, buy, sell, own or transfer firearms, and under what conditions. Types Of Weapons Gun laws are specific about what kind of weapons they apply to. Some guns are automatic or semi-automatic rifles; some are handguns or long guns. An automatic firearm keeps firing bullets while the trigger is pressed. Machine guns are an example of an automatic firearm. A semi-automatic firearm only fires one bullet each time the trigger is pressed. Examples are the AK-47 and AR-15 rifles. These are also referred to as assault weapons, though not everyone agrees on the definition of an assault weapon. Federal restrictions also make a separation between handguns and long guns. A long gun is a firearm that is designed as a two-handed weapon with a long barrel. Shotguns and rifles are examples of long guns. Handguns are shorter and can be held with just one hand. Prohibited Purchase Gun laws state what actions are allowed, including making, buying, selling or owning guns. One major question is who should be prohibited from purchasing a gun. According to the federal Gun Control Act of 1968, certain people are not allowed to buy guns. These include people who have been convicted of felonies. A felony is a serious crime, such as murder. People who were sent to a mental facility against their will or who have certain mental conditions cannot legally buy guns either. Nor can people who are living in the U.S. illegally or people who were dishonorably discharged from the military. This article is available at 5 reading levels at 2

3 Federal law also sets the minimum legal age for buying firearms. People under the age of 21 are not allowed to buy handguns from licensed dealers. Those under the age of 18 cannot buy handguns from unlicensed dealers. They also cannot buy long guns from licensed dealers. However, anyone can buy long guns from a seller who is unlicensed. An unlicensed seller is not just someone who is selling guns illegally. It can be any private dealer, such as a friend, family or hobbyist. Under federal law, a gun buyer cannot have been convicted of violent or gun-related misdemeanors. Misdemeanors are crimes that are less serious than felonies. The person also cannot have a history of drug or alcohol abuse. He or she cannot have been the suspect of a crime or have suffered from severe mental illness. Background Check A background check is a way of finding out whether someone can legally buy a gun. It is any system that allows individuals or law enforcement to check a person's history. In 1993, Congress passed the Brady Handgun Violence Prevention Act. This law requires licensed sellers to perform background checks on people who want to buy a gun. The law also has other requirements. Sellers have to keep records of gun sales, make records available to law enforcement and report any theft or loss of their firearms. In 1998, the FBI created the National Instant Criminal Background Check System (NICS). The goal was to make background checks easier and faster. This system checks criminal and mental health histories. However, the federal law only refers to licensed sellers. It does not require private sellers to run background checks. This is why many people who want more gun control support universal background checks. This would be the requirement that all sellers, whether they are licensed or not, run their buyers' information through the NICS. Gun Shows And Loopholes Those in favor of more gun control see the different treatment of licensed and unlicensed sellers as a major loophole. The Giffords Law Center is a gun violence prevention group. It states that people who make occasional sales can claim to be hobbyists rather than sellers. So, anyone can buy guns from them without a background check or other forms of regulation. This article is available at 5 reading levels at 3

4 This is referred to as the "gun show loophole." Gun shows are events across America where people gather to showcase, talk about and purchase firearms. Sellers at these events can present themselves as private sellers. This means they are not required under federal law to run background checks on people who buy their guns. This loophole applies to all private sales and gifts, even if they are not at gun shows. Waiting Period States can impose a waiting period for a background check to be processed. This means the purchaser does not buy and take home a firearm on the same day. For example, California requires a 10-day waiting period for potential buyers. Federal law does not impose this kind of restriction. At the federal level, the purchase can happen immediately once the NICS background check goes through. In fact, if the check is not completed within three days, the purchase can go on anyway. This is sometimes called the "three-day limit" or the "default proceed sale" loophole. For this reason, some supporters of gun regulation argue that there shouldn't be a limit to the waiting period. They say purchases should only go through once the background check is completed. Registration And Licensing On a state level, gun licenses can take various forms. Some states require a "permit to purchase." This means purchasers need a permit or license in order to buy certain kinds of firearms. Another type of license is called "license to own." It has to remain valid for as long as the person owns the firearm, not just the moment they purchase it. Other states have a "Firearm Safety Certificate." Purchasers need this certificate in order to prove that they've gone through required safety training. Federal law does not require gun owners or gun buyers to obtain a license. It does not require gun registration, either. This is when a person informs a law enforcement agency that he or she owns a gun. The NRA opposes gun registration. The group says that registration would not affect gun violence because most gun crimes are committed by people who would have gotten the gun illegally anyway. Stand Your Ground Some state provisions are meant to give citizens more freedom in terms of where and when they can carry firearms. "Stand your ground" laws are provisions that allow people to use deadly force in self-defense in a public space. This article is available at 5 reading levels at 4

5 Concealed Carry Another common term is "concealed carry," which means being able to carry a hidden gun outside of the house. The NRA describes this as a basic right for the purposes of self-defense. "Right to carry" laws allow people to carry concealed handguns outside of the home. Depending on the state, this may be allowed with or without a permit. Federal laws do not impose regulations that have to do with concealed carry. So, laws on concealed carry permits are different from state to state. Some states, called "may issue" states, are not required to issue permits even if applicants meet the state's rules. Others, referred to as "shall issue" states, are required to do so. This article is available at 5 reading levels at 5

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