Gun Regulations – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Breakthroughs in Gun Regulation in Washington State https://legacy.lawstreetmedia.com/blogs/politics-blog/breakthroughs-gun-regulation-washington-state/ https://legacy.lawstreetmedia.com/blogs/politics-blog/breakthroughs-gun-regulation-washington-state/#respond Fri, 01 Apr 2016 18:21:16 +0000 http://lawstreetmedia.com/?p=51623

These stories shouldn't have flown under the radar.

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"Handgun" courtesy of [Robert Nelson via Flickr]

March was a significant month for guns in America. Iowa Governor Terry Branstad signed a bill that legalized the use of gun suppressors, or silencers, in the state which went into effect immediately. Rhode Island lawmakers spent the month weighing over a dozen bills that could completely transform the state’s gun culture. A Pennsylvania law that allowed the National Rifle Association and other pro-gun groups to sue cities that enacted strict gun control policies may come back into effect. These stories suggest that the country is shifting away from traditional gun control laws and opening the door to open carry in more locations. However, two stories which have flown relatively under the radar made March a victory for gun control supporters.

In November 2014, Washington enacted a law that created universal background checks for all gun sales, including those between private citizens. New data just released from the FBI shows that the law has blocked 50 gun purchases by felons since it went into effect. Nearly 4,000 felons tried to purchase guns in Washington over the past year but thanks to the new law, many of those private sales were blocked. There has been debate over whether 50 is a significant number–Dave Workman, of the gun rights group The Second Amendment Foundation, claimed that the number was too small to demonstrate the law being effective and cited the fact that there have been no prosecutions related to the law as evidence of its failure. However, law enforcement officers argue that 50 prevented sales is a significant number, as any one of those guns could have been purchased and used in a crime without the intervention of the new law. Washington is still reeling from a mass murder committed in February, so the idea that increased background checks could prevent even a small fraction of violent deaths makes the law worthwhile.

At the University of Washington, a different approach to gun safety has emerged, paying special attention to suicide prevention. After her husband committed suicide with a gun, Professor Jennifer Stuber reached out to local gun stores to start a dialogue about suicide and the role of gun retailers play in aiding those who wish to take their own lives. Stuber asked gun store employees if they were concerned that they might be selling guns to customers who were suicidal and received a resounding, collective yes. She reached out to the National Rifle Association and the Second Amendment Foundation, recruiting them as allies. Stuber’s efforts were the foundation of a bill signed into law this March that unites the firearm industry, pharmacists and suicide prevention activists.  The law establishes a suicide prevention task-force that will train both gun store owners and pharmacists in suicide prevention messaging. Pharmacists will be required to complete six hours of suicide prevention training to receive accreditation while gun retailers will be offered a voluntary course online. This may seem like a relatively small victory, but in reality it will change the dynamic of gun sales significant. Mental health and gun violence have frequently been connected and even small steps towards acknowledging that guns should not be sold without consideration for a person’s mental state are major leaps for gun sense advocates. Twenty years ago, this kind of law would never have gone into effect because the conversation simply did not exist yet. However, after a decade filled with mass shootings, effective gun control is no longer an idealistic goal–it is an immediate necessity.

Laws like the ones that passed in Washington this month represent an encouraging, albeit small, step in the right direction.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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The Wild Wild West: “Open Carry” Law in Texas Rings in the New Year https://legacy.lawstreetmedia.com/blogs/law/wild-wild-west-open-carry-law-texas-rings-new-year/ https://legacy.lawstreetmedia.com/blogs/law/wild-wild-west-open-carry-law-texas-rings-new-year/#respond Wed, 30 Dec 2015 16:05:47 +0000 http://lawstreetmedia.com/?p=49768

Why is this necessary?

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Hold on to your holsters, folks–there’s a new gun law in Texas. As of January 1, 2016, licensed owners of firearms will be able to carry them in plain view in most places. People will actually be able to flaunt and parade their firearms in belt and shoulder holsters in public…at restaurants, bars, parks, and stores–for every person to witness. It begs the question, is it necessary to expose one’s weapon in public spaces in light of laws allowing for weapons to be carried so long as they are concealed? And if it is necessary, why?

Earlier this year, on June 13, 2015, Governor Greg Abbott (R) signed the open carry bill into law. It passed in the Texas House by a margin of 102-43 votes and in the Senate by 20-11, divided by party lines with Democrats opposing the bill. Visible handguns have been banned in Texas since just after the Civil War, but that will change with the new law taking effect by the start of the New Year.

Despite its Wild West history of cowboys, bandits, John Wayne, and fairly lax gun laws, Texas is pretty late to flex the open carry facet of its Second Amendment arm. Surprisingly, it is the 45th state to enact such legislation, but only after a provision barring law enforcement from asking Texas residents whether they were licensed or had a proper license to carry firearms visibly was removed from the bill. Texas is by far the most populous state with the open carry laws, with nearly 850,000 concealed license holders, thereby making it a notable change regarding the nation’s gun laws as a whole.

Thankfully, the law allows for private businesses and establishments to ban open carry and many have been on the fence about the direction in which they will go. A number of family-based restaurants have geared up to ban visible weapons within their establishments. They fear that families with children and other customers would be “a little uncomfortable” coming to a restaurant that has firearms in plain view. Additionally, H-E-B, a grocery store chain with 316 stores in 150 Texas communities, has also decided to ban open carry within its store. Largely staying out of the debate, H-E-B noted that it sells alcoholic beverages and are acting in accordance to state regulations on that basis. The store, for years, has maintained the policy that long guns and unlicensed guns are prohibited on its property. But it allows concealed weapons and will continue to do so. Whole Foods and Randall’s have followed H-E-B’s suit in banning open carry within their stores.

Other organizations have taken a different stance. Kroger, another grocery chain, will allow open carry within its stores, as will the First Baptist Church of Arlington, near Dallas, Texas. Senior Pastor Dennis Wiles, who sees approximately 2,500 worshipers on Sundays, noted that he came to the decision after meeting with the church’s legal team, congregants, and police officers. Wiles further recognized that the church will re-assess the situation in a couple of months to see if there are any issues to be address, however, he is confident that there won’t be much of a noticeable difference. Executive Director Charley Wilkison of the Combined Law Enforcement Associations of Texas does not agree. Wilkison stated that, “[p]eople will drive without a license…[a]nd we can sure count on them to carry a weapon without training or license.”

But we still don’t know why. Why is this necessary? Intimidation? Self defense? Fashion? What good will come of this? Furthermore, if individuals are entitled to carry concealed weapons, why the additional need to flaunt those weapons, particularly at a time when citizens have been plagued by mass shootings, police brutality, racial discrimination, and religious intolerance? Placing firearm intimidation on the forefront of unstable societal, racial, and economic tensions does not sound like positive and commendable progression toward stability in such a gun weary and gun polarized nation.

Ajla Glavasevic
Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

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