Donald Trump narrowly escaped an assassination attempt at a rally in Pennsylvania when a bullet from a semi-automatic rifle grazed his right ear, refocusing attention on the contentious issue of gun violence in America. Despite the rising incidents of gun violence, legislative efforts to limit access to firearms continue to meet strong resistance. In 2023 alone, there were over 600 mass shootings, yet a national policy to restrict firearm misuse seems elusive due to political polarization and the ingrained Second Amendment rights.
In the wake of the assassination attempt in Pennsylvania, Trump had previously promised to rescind all restrictions on gun rights imposed by the Biden administration if he assumes office again.
“Every single Biden attack on gun owners and manufacturers will be terminated my very first week back in office, perhaps my first day,” Trump stated at a National Rifle Association (NRA) event, reinforcing the NRA’s staunch support for citizens’ right to bear arms.
The political divide over gun policy is stark. According to a Pew Research Centre report, 79% of Republicans and Republican-leaning independents believe gun ownership increases safety, while 78% of Democrats think it decreases safety. These divisions hinder the formation of a cohesive national gun policy.
The origins of America’s gun policy trace back to the Second Amendment of the US Constitution, ratified in 1791. The Amendment states, “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 language has led to extensive debate and varying interpretations over the years.In 2008, the US Supreme Court ruled that the Second Amendment grants an individual the right to own and bear arms for self-defense at home, even without ties to a local militia. This interpretation has been critical in upholding gun rights amidst contemporary discussions on public safety and crime prevention.The debate intensified during Trump’s presidency, especially with his appointments of conservative judges to the Supreme Court, which bolstered Second Amendment rights. This was done largely at the behest of the NRA, which has been a powerful advocate for gun owners.
While recognizing the pressing need to address mass shootings, attempts to introduce legislation banning assault weapons have stalled. The deeply polarized political landscape in the US prevents consensus on a national level.
For instance, some states like California have stricter gun regulations. However, the NRA insists that as long as a person can legally purchase and own a gun, the Second Amendment guarantees the right to keep and bear arms, irrespective of state or city laws.
President Biden, despite his son’s recent conviction for illegally purchasing a gun, has been vocal about his administration’s gun control measures. His administration introduced new rules aimed at reducing the number of firearms sold without background checks. These measures are part of a broader strategy to stem the flow of illegally acquired firearms and hold accountable those who supply guns used in crimes.
The White House highlighted the loopholes in America’s background check laws that allow domestic abusers, school shooters, violent criminals, and gun traffickers to acquire firearms illegally. Unlicensed sellers, often operating through gun shows and online marketplaces, remain a critical gap in the background check system.
In 2022, Biden signed the Bipartisan Safer Communities Act, which expands the category of gun sellers required to become licensed dealers and conduct background checks. According to the White House, while there are about 80,000 licensed gun sellers in the US, over 20,000 unlicensed sellers mostly operate online.
The Biden administration’s recent rules clarify when an individual needs to become a licensed dealer and mandates background checks. The rules also provide the Department of Justice with additional tools to crack down on individuals selling guns illegally.
According to Biden, these measures bring the US closer to universal background checks without needing new legislation. However, given the opposition from Republicans and a divided national stance on this emotionally charged issue, achieving Congressional approval for a ban on assault weapons appears unlikely.