Donald Trump’s shooting in Pennsylvania on Saturday night by a 20-year-old gun-toting man has again put spotlight on the country’s vexing issue of gun violence. It also raises a question on whether this incident could bring changes in laws.
In the year 2023, around 600 incidents of mass shootings were reported. But still a national policy on the misuse of firearms remains elusive due to political polarization and the Second Amendment rights.
Trump had said earlier, even before the Pennsylvania attack, that he will rescind all restrictions on gun rights imposed by the Biden administration if he assumes office again.
What is America’s gun policy?
The gun policy is traced back to the Second Amendment of the US Constitution, ratified in 1971. 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 debates 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 defence at home, even without ties to a local militia.
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 Recent Gun Cases
On November 7, the court heard arguments in United States v. Rahimi, a gun control case involving a Texas man named Zackey Rahimi. Rahimi was convicted under a 1994 federal law [18 U.S Code Section 922(g)(8)] that prevents a person subject to a domestic violence restraining order from possessing a firearm— he had assaulted his girlfriend, and she filed for restraining order post the end of their relationship.
Rahimi is now serving a six-year prison sentence and challenged his conviction, saying it violated his Second Amendment right to keep and bear arms.
The US Circuit Judge Cory Wilson had noted that Rahimi was involved in several shootings in Arlington, Texas over the course of two months.
Some judges also expressed concerns that a ruling favouring Rahimi may call into question a background check system based on domestic violence protective orders. According to the Biden government, this system has helped stop more than 75,000 gun sales over the last 25 years.
In June 2022, the Court, which has a 6-3 conservative majority, expanded gun rights in New York State Rifle & Pistol Association v. Bruen. The Court invalidated New York State’s limits on carrying concealed handguns outside the home, saying restrictions must be “consistent with this nation’s historical tradition of firearm regulation,” not simply advance an important government interest. In Bruen, Justice Clarence Thomas ordered courts to assess the constitutionality of modern-day gun restrictions by searching for “historical analogues” from 1791, when the Second Amendment was ratified.
Another important case involves Joe Biden’s son Hunter, who was convicted for three felonies pertaining to the purchase of a revolver in 2018, when he allegedly lied about his drug addiction.
What are Gun Laws in Pennsylvania?
As per a Reuters report, the state is ranked 16th in the nation for the strength of its gun-control laws by advocacy group Giffords Law Center. The organisation cited the state’s requirement for background checks as one of its strengths. The state’s Democrat-controlled House has passed multiple gun control bills in the past two years, including a ban on untraceable “ghost” gun parts. Those bills have stalled in the Republican-controlled state senate.
Pennsylvania does not ban the AR-15 military-style weapon used in many mass shootings including the Trump attack. The neighbouring states of Maryland, New York and New Jersey are among the nine states that currently ban the sale of such weapons, according to Everytown for Gun Safety.
Thomas Matthew Crooks, the 20-year-old alleged shooter, was over the legal age of 18 to possess a long gun in the state. The firearm was bought by his father, as per the officials.
Pennsylvania does not limit the number of firearms or the amount of ammunition an individual can purchase and the state does not perform background checks on ammunition purchases, according to Adam Garber of CeaseFirePA, which advocates for greater gun restrictions.
What is Americans’ Attitude Towards Guns Laws?
In the US, conservatives largely tend to favour protection and expansion of rights to own guns, while liberals tend to argue for gun control.
According to a Pew Research Center survey, around eight-in-ten Biden supporters (83%) say the increase in guns in the US is at least somewhat bad for society. Only 21 % of Trump voters hold this position; 40% believe it is good, while 13% believe it is neither good nor bad.
Nearly 85% of Trump supporters say it is more important to protect the right of Americans to own guns as compared to 19% of Biden supporters.
In another Pew Research Center study, 59% of public schoolteachers say they are at least somewhat worried about shootings taking place at their school, including 18% who say they are extremely or very worried. About a quarter (23%) say they experienced a lockdown in 2022-23 related to a gun or the suspicion of a gun in their school.
(with inputs from agencies)