Post on 23-Dec-2015
transcript
Straight Talkon
Gun Control Laws
2nd Amendment
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.
- Ratified 1791
Federal Restrictions 19341934 National Firearms Act National Firearms Act 19381938 Federal Firearms Act Federal Firearms Act
19681968 Gun Control Act Gun Control Act
19861986 Law Enforcement Officers Protection Act and Law Enforcement Officers Protection Act and
Firearm Owners Protection ActFirearm Owners Protection Act 19901990 Crime Control Act Crime Control Act
19941994 Brady Handgun Violence Prevention Act and Brady Handgun Violence Prevention Act and
Violent Crime Control and Law Enforcement ActViolent Crime Control and Law Enforcement Act
20032003 Tiahrt Amendment Tiahrt Amendment
20052005 Protection of Lawful Commerce in Arms Act Protection of Lawful Commerce in Arms Act
Michigan Gun Laws
MI Constitution: Every person has a right to keep and MI Constitution: Every person has a right to keep and bear arms for the defense of himself and the state.bear arms for the defense of himself and the state.
Weapons Free School ZonesWeapons Free School Zones
Licensed pistol requirementsLicensed pistol requirements
Includes mental health & criminal history limitationsIncludes mental health & criminal history limitations
Concealed Pistol LicenseConcealed Pistol License
Includes stricter mental health & criminal history limitationsIncludes stricter mental health & criminal history limitations
Trigger-locks & Gun Cases in every federally licensed Trigger-locks & Gun Cases in every federally licensed salesale
Hunting Licenses & TagsHunting Licenses & Tags
Washington DC banned handguns within city limits and required long guns to be kept unloaded and dismantled, or trigger-locked except when used for recreational purposes or business
The Court affirmed an individual's right to own a gun and use it in traditionally lawful ways (including self defense)
The Court required DC to issue handgun licenses to individuals who qualified
District of Columbia v. Heller District of Columbia v. Heller - 2008- 2008
2012 – The Year of the Gun?2012 – The Year of the Gun? April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos
University, a Korean Christian college in Oakland, CA. University, a Korean Christian college in Oakland, CA.
July 20, 2012. 24-year-old James Holmes killed 12 people and July 20, 2012. 24-year-old James Holmes killed 12 people and wounded 58 during the midnight premiere of The Dark Knight Rises in wounded 58 during the midnight premiere of The Dark Knight Rises in Aurora, CO.Aurora, CO.
August 5, 2012. 40-year-old US Army veteran Wade Michael Page August 5, 2012. 40-year-old US Army veteran Wade Michael Page killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, Wisconsin. Wisconsin.
December 14, 2012. Adam Lanza, 20, December 14, 2012. Adam Lanza, 20, killed 26 people (20 children) and himself killed 26 people (20 children) and himself at at Sandy Hook Elementary SchoolSandy Hook Elementary School in in Newtown, ConnecticutNewtown, Connecticut
Image Source: Image Source: http://www.motherjones.com/special-reports/2012/12/guns-in-http://www.motherjones.com/special-reports/2012/12/guns-in-america-mass-shootingsamerica-mass-shootings
The Debate:The Debate:Gun Control vs. Gun RightsGun Control vs. Gun Rights
“Protect Yourself” Top Supporter: The National Rifle
Association (NRA)
Position: Police are not required to protect
you, so you must be allowed to protect yourself
Criminals don't buy guns legally, so background checks won't work
Previous Assault Weapons bans had no effect on gun crime
Most criminals fire less than 10 bullets so high-capacity ammunition bans are unnecessary
Law-abiding citizens must be allowed to arm themselves against attacks
“Protected by the State” Top Supporter: The Brady
Campaign to Prevent Violence
Position: Universal Background checks are
needed to keep convicted felons and the dangerously mentally ill from buying guns
Ban highly lethal military-style semi-automatic weapons
Ban high-capacity magazines to limit fatalities & give time to intervene
Empower ATF to investigate and stop gun trafficking
Limit the number of guns bought at a time to stop trafficking
How to Respond:Gun Control or Gun Rights
We need to make it easier for mentally ill people to get help rather than turn to violence
We need to make it harder for violent or criminally minded people to get guns
We need to limit the damage that can be done before police are able to respond and intervene
The best way to prevent gun crime is a well-armed, well-trained populous
We need to provide more security in our schools
Restrictions on gun purchases hurt law-abiding citizens, not the criminals who perform gun violence
What Are the Facts?
What are the Facts?
68%
13%
4%
6%
7%
Firearms
Knives
Blunt Objects
Personal
Poison
Explosives
Fire
Narcotics
Drowning
Strangulation
Asphyxiation
Other/not stated
Image Source: http://www.prisonplanet.com/statistics-prove-more-guns-less-crime.html
Murder Victims by Weapon Type 2011Murder Victims by Weapon Type 2011
Information Source: Information Source: http://www.fbi.gov/about-us/cjis/ucr/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded-homicide-data-table-8expanded-homicide-data-table-8
Where the Public StandsAugust 2012
Image source: Image source: http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/14/nine-facts-about-guns-and-mass-shootings-in-the-united-states/nine-facts-about-guns-and-mass-shootings-in-the-united-states/
The ResponseObama's Executive Orders
Federal agencies must give data to federal background check system
Remove legal barriers (HIPPA) preventing states from giving data to background check system
Improve state incentives to share data
Review categories of prohibited individuals
Recommend law enforcement run full background checks before returning seized guns
ATF to provide guidance on background checks to private sellers
National safe & responsible gun ownership campaign
Review safety standards for gun locks & safes
Require federal trace on guns recovered in criminal investigations
Clarify Medicaid mental health coverage
Finalize health parity regulations
Release DOJ report on lost & stolen guns
Nominate ATF director
Provide shooter-response training to police, first responders & school officials
Prosecute gun crime & prevent gun violence
Direct CDC to research gun violence causes & prevention
Release AG report on new safety technology
Allow doctors to ask patients about guns in their homes
Allow healthcare providers to report threats of violence to police
Encourage schools to hire resource officers
Develop model emergency-response plans for schools & places of worship
Clarify ACA essential health benefits & parity
Launch national dialog on mental health
Current Pending Federal LegislationCurrent Pending Federal LegislationGun Control Bills
S.150 Assault Weapons Ban of 2013 Also HR.437
S.33 Large Capacity Ammunition Feeding Device Act of 2013
Also HR 138
HR.329 Strengthening Background Checks Act of 2013
S.54 Stop Illegal Trafficking in Firearms Act of 2013
HR.332 Equal Access to Justice for Victims of Gun Violence Act
S.22 Gun Show Background Check Act of 2013 Also HR 141
HR.236 Crackdown on Deadbeat Gun Dealers Act of 2013
HR.117: Handgun Licensing and Registration Act of 2013
HR.21: NRA Members’ Gun Safety Act of 2013
Gun Rights Bills S.82 would give no effect to any executive
action infringing on the 2nd Amendment Also HR.410
HR.133: Citizens Protection Act of 2013
S.35 Stop Online Ammunition Sales Act of 2013
Also HR 142
HR.427: Trafficking Reduction And Criminal Enforcement (TRACE) Act
H.R. 65: Child Gun Safety and Gun Access Prevention Act of 2013
H.R. 34: Blair Holt’s Firearm Licensing and Record of Sale Act of 2013
H.R. 137: Fix Gun Checks Act of 2013
Civil Rights ● Family ● Criminal
248-764-8584 www.schmidtlawservices.com
Questions?