Maze of State Laws Complicates Gun Control Efforts

By Sullivan, Eileen | The Charleston Gazette (Charleston, WV), January 26, 2013 | Go to article overview

Maze of State Laws Complicates Gun Control Efforts


Sullivan, Eileen, The Charleston Gazette (Charleston, WV)


WASHINGTON - Military-style rifles, gangster-style Tommy guns, World War II-era bazookas and even sawed-off shotguns - somewhere in the U.S., there is a legal avenue to get each of those firearms and more.

This is thanks to the maze of gun statutes around the country and the lack of a minimum federal standard to raise the bar for gun control in states with weak laws.

An Associated Press analysis found that there are thousands of laws, rules and regulations at the local, county, state and federal levels. The laws and rules vary by state, and even within states, according to a 2011 compilation of state gun laws by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

These laws and regulations govern who can carry a firearm, what kind of firearm is legal, the size of ammunition magazines and more. In some places, a person can buy as many guns as desired.

This maze of laws undermines gun control efforts in communities with tougher gun laws - and pushes advocates of tighter controls to seek a federal standard. Gun rights proponents say enforcing all existing laws makes more sense than passing new ones.

"If you regulate something on the local or state level, you are still a victim to guns coming into other localities or states," said Laura Cutilletta, a senior staff attorney at the California-based Law Center to Prevent Gun Violence.

In California, most guns come from Nevada, where there is almost no regulation of firearms, Cutilletta said, and in Arizona, gun owners don't need a permit.

President Obama is urging Congress to pass new laws, some of which would set a minimum standard for the types of firearms and ammunition that are commercially available. Democratic Sens. Patrick Leahy of Vermont and Dianne Feinstein of California introduced new proposals this week to increase penalties for firearms trafficking and impose a new "assault weapons" ban.

New gun laws will face tough opposition in Congress, particularly from members who rely on the National Rifle Association during election campaigns. The NRA contributed more than $700,000 to members of Congress during the 2012 election cycle, according to the Center for Responsive Politics.

Recognizing the opposition in Congress, states already are passing their own new gun laws, while officials in some states are promising to ignore any new federal mandates. As the national debate escalates, the terms being used won't mean the same thing everywhere, because of the thousands of laws, rules and regulations across the country.

"The patchwork of laws in many ways means that the laws are only as effective as the weakest law there is," said Gene Voegtlin of the International Association of Chiefs of Police. "Those that are trying to acquire firearms and may not be able to do that by walking into their local gun shop will try to find a way to do that. This patchwork of laws allows them to seek out the weak links and acquire weapons."

Obama wants to address this, in part, by passing federal gun trafficking laws that carry heavy penalties. It's difficult to crack down on trafficking because the penalties are too low to serve as a deterrent, and federal prosecutors decline many cases because of a lack of evidence. …

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