Gun control is one of the most controversial topics being discussed today. Many people believe that it violates their Second Amendment right to bear arms. Others believe that it is essential to keep guns out of the hands of those who might use them for harm. Either way, every state now requires some sort of firearm background check before a gun can be sold.

The Brady Bill

This is a result of the Brady Handgun Violence Prevention Act, (The Brady Bill), which was enacted in 1994. At a minimum, each state requires a firearm background check to include a search of the National Instant Check System (NICS), which identifies anyone barred from owning a gun.

However, states vary widely in their requirements for enforcing the law. Twenty-one states require only the NICS check. In the states of Connecticut, Arizona, California, Colorado, Georgia, Hawaii, Florida, Illinois, Nevada, New Jersey, Pennsylvania, Tennessee, Utah, Vermont, and Virginia both state and federal firearm background checks are required. Residents of Massachusetts, Minnesota, and Missouri are only required to pass a federal firearm background check but they do need a permit. One problem with the law is that only licensed firearms sellers are required to comply with it.

Private sales of guns

Private sellers can easily sell to anyone who wants a gun and no firearm background check is required. The Brady Law was passed to prevent the sale of guns to people who are mentally incompetent to handle firearms, have violent histories, or otherwise might not use guns wisely. It was never intended as a violation of anyone’s constitutional rights. And it has worked, to a degree.

Although a firearm background check helps identify people who are barred from buying firearms, a lot of people are not included due to errors or omissions. The database is only as accurate as the information put in to it and, if the information was entered incorrectly, a name may not show up. A simple spelling or address error may mean that someone who is barred from owning a firearm can get one. But the Bureau of Justice reported that in 2007 over 8.6 billion background checks were done for individuals wanting to purchase a gun or get a concealed carry permit.

Despite its flaws, the practice of doing a firearm background check is still reducing the number of guns being put in the hands of some dangerous people. And it is protecting a lot of other, innocent people.

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The Board of Governors at Colorado State University voted 7 to 0 to ban guns from its campuses in Fort Collins and Pueblo, a decision that pitted faculty members against students demanding to exercise their right to carry guns. Guns had been banned at the University of Colorado, but Colorado State had followed a state law that allows a person to carry a concealed weapon as long he or she has a permit. Neighboring Utah allows concealed weapons on state property, and a court has ruled that colleges are not excepted. A Colorado faculty group said the ban would make the campuses safer, but a student, Brady Allen, 25, told the board that fear of an accidental discharge from a concealed weapon was not a good reason to ban guns. “You might as well ban everything that has a potential risk — cars, alcohol and sports,” said Mr. Allen, a history student and a former Marine. Gun rights advocates say campus bans make students vulnerable to attacks. In 2007, a gunman at Virginia Tech killed 32 people and wounded 23 before killing himself. The university board’s vote instructs the presidents of both campuses to submit a weapons plan by February.

From NYtimes

But the man trying to break in had other plans, he then grabbed some patio furniture and broke the back door.

Sheriff Chuck Mangion said 57-year-old Donna Jackson shot Billy Dean Riley of Sparks after he threw a patio chair through a glass door and entered her home near Cushing about 12:45 a.m. Friday. Mangion saidRiley crashed his pickup near her home.

Officials released portions of the 911. It does not contain the actual shooting. Here’s an excerpt:

RESIDENT – “I don’t want to have to kill this man, but I’ll kill him graveyard dead ma’am.”

911 – “I understand.”

RESIDENT – “Oh crap he’s breaking in. he’s breaking in now, he’s breaking in now. He’s breaking the window, I’m going to kill him. He’s walking back and forth on the porch. He looks to be an older man, I don’t want to kill him. … He’s going to make it in please hurry ma’am. I think he’s drunk. He doesn’t know where his pickup’s at. God I don’t want to kill this man.”

The handgun ban has been in place in Chicago since 1982, but came under fire recently after DC v. Heller overturned the handgun ban in the capitol.

The case is sponsored by the Second Amendment Foundation and the Illinois State Rifle Association on behalf of some residents of Chicago.

Judge Frank Easterbrook, Chief Judge of the United States Court of Appeals for the Seventh Circuit, had stated that these types of laws were to be cherished as they promote local differences.

The main points that McDonald will challenge are

• Banning the registration of handguns, thus effecting a broad handgun ban
• Requiring that guns be registered prior to their acquisition by Chicago residents, which is not always feasible
• Mandating that guns be re-registered on an annual basis, including the payment of what amounts to an annual tax on the exercise of Second Amendment rights
• Rendering any gun permanently non-registerable if its registration lapses

California Anti Gun Bills SB 585 and AB 962 will add new firearms laws in California.

Senate Bill 585, passed on September 10th, is heading to the desk of Arnold Schwarzenegger, where he will veto or pass the bill. The bill amends Food and Agriculture Code so that no firearms or ammunition can be sold on the Cow Palace property in San Mateo County. The bill would put an end to the gun shows that take place on this property, and could be used as a basis for banning all gun shows that are held on public property in the future.

Another anti-gun bill in the works in California is Assembly Bill 962. This bill would:

• provide that no retail seller of ammunition shall sell, offer for sale, or display for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the retailer or employee thereof.
• further provide that handgun ammunition may only be purchased in a face-to-face transaction and only if certain conditions exist. This restriction would eliminate mail-order and Internet sales of ammunition.
• require certain ammunition vendors to obtain a thumbprint and other information from ammunition purchasers, and would require submission of that information to the Department of Justice.

If AB 962 is passed, it will effectively end the ability of California residents to order their ammunition online or from catalogs, making rare calibers or target ammunition even harder to obtain. It also makes the life of gun store owners even more difficult by forcing them to obtain fingerprints and personal information from ammunition purchasers, which could also raise the price on the ammunition that they sell. The detailed personal information collected includes: name, residential address, date of birth, phone number, drivers license number, signature and thumb print of ammunition purchasers.

Since it is likely that ammunition purchasers own firearms, many opponents of AB 962 are afraid that unauthorized access to those records could result in home invasions. California residents can contact their governor at Phone 916.445.2841; Fax 916.558.3160; or http://www.gov.ca.gov/interact#email

Concealed Carry permit holders living in Utah will no longer be able to carry their concealed weapon in the state of Nevada.

Nevada has created new requirements for those seeking a Concealed Carry permit in their state. You must fire and qualify with the weapon you are going to carry in Nevada, but this is not true in Utah, so reciprocity between the states is no longer valid.

Many permit holders are angry at the inconvenience this will cause them when traveling through Nevada, which neighbors their state to the west, because they will have to remove their weapons and leave them in the car if they travel across the border.

Utah residents with a permit may only receive reciprocity in the following states now: Alabama, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Montana, New Hampshire, North Carolina, North Dakota, New Mexico, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Virginia, Washington, and Wyoming.

Alaska and Vermont do not require a permit, so anyone that can legally carry a firearm can carry concealed in those states.

The National Rifle Association did the heavy political lifting on a bill approved by a Senate committee Monday that would allow people with concealed weapons permits to bring their handguns into a restaurant that serves alcohol and probably into some bars that have kitchens as well.

Restaurant owners would have to post a sign barring guns if they didn’t want them, but if no sign was posted the gun owner would be within the law to take the gun inside.

And a person carrying a weapon into a restaurant would not be allowed to drink alcohol.

From Arizona Guardian