Last week, the California Department of Justice certified that microstamping technology is ready for California. As a result of this certification, microstamping – a technology that imprints a unique code on bullet cartridge cases as they are fired from a gun – will be required for all new handgun models manufactured for sale in the state, allowing for the implementation of a 2007 state law that is the first of its kind nationwide.

The Law Center supported the law by testifying at legislative and regulatory hearings because microstamping will bring significant benefits to law enforcement’s ability to investigate gun crimes. Microstamping allows law enforcement to connect an ammunition cartridge case recovered at a crime scene directly to the gun that fired it. The technology uses precise, microscopic engravings on the internal mechanisms of a handgun to stamp a unique code identifying the gun’s make, model and serial number onto every expelled cartridge case.

Cartridge cases are much more likely to be recovered at the scene of a shooting than the gun used, but, without microstamping, ballistic experts cannot use those cases to identify a specific weapon unless the firearm has also been recovered.

Through the adoption of this innovative technology, California has once again positioned itself as a leader in the effort to prevent gun violence. The state’s certification should also provide encouragement to the several other states have proposed, but not adopted, microstamping legislation in recent years. Most importantly, the attorney general’s announcement sends a clear message to gun manufacturers: it’s time to adopt this technology and help law enforcement solve gun crimes.

On April 29, the nation was saddened by the death of two-year old Caroline Sparks, who was shot and killed by her five-year-old brother Kristian in rural Kentucky.  The mother of the two children had left a rifle sitting in a corner of the house and had not known it was loaded.  She only left the room for a moment when she heard the gun go off.

Unfortunately, these kinds of shooting occur all the time.  Over the past ten days: a five-year old Alaska girl was fatally shot by her eight-year old brother;  a four-year old Alabama boy was accidentally shot in the head; a 13-year-old Florida boy shot his six-year old sister; a four-year-old in Indiana shot himself in the hand; and a three-year-old in Florida accidentally killed himself with his uncle’s gun.

Our hearts go out to these victims and their family members.  These kinds of shootings are the result of our nation’s insufficient attention to the more generalized problem of access to guns. Over the last few months, our nation’s leaders have begun to address how our background check system could, and should, prevent dangerous criminals and individuals with severe mental illness from accessing guns.  They should also address the parallel problem of child access to guns.

Far too many children can obtain firearms without adult supervision.  A 2005 study on firearm storage practices found that over 1.69 million children and youth under age 18 are living in homes in the U.S. with loaded and unlocked firearms. The presence of unlocked guns in the home increases the risk of both gun accidents, like those described above, and intentional shootings, like those that can occur when a violent or suicidal teenager has access to a firearm. See Statistics on Youth Violence and Gun Access for further data.

Almost half the states have no law penalizing individuals who provide children unsupervised access to firearms.  In addition, as described in our Child Access Prevention policy summary, some states with existing laws only penalize the responsible adult after a child has actually gained access to the firearm and someone has been shot.  A stronger approach generally requires gun owners to keep their guns locked whenever they are not in use. Massachusetts is the only state that has adopted this approach so far. Other jurisdictions should consider this approach, which could prevent many of the tragedies listed above, and which has been upheld by the courts.

Massachusetts’ safe storage law is one of many innovative strategies to prevent gun violence that legislators ought to consider.  If we don’t do anything, we’ll continue to read about terrible accidents involving kids and guns.

Model laws provide a starting point – a framework from which state or local legislation may be drafted, debated and, ultimately, adopted. The Law Center to Prevent Gun Violence has developed the following model gun violence prevention laws. Each one is based upon a thorough review of existing laws, judicial decisions, policy research, studies, and other gun violence prevention data, and each contains detailed findings regarding the need for, and benefits of, the specific law.

To request a copy of any of the below model laws, please contact us for more information.

A jurisdiction seeking to enact a model law must integrate the legislation with existing laws, and any jurisdiction considering firearms legislation should seek the advice of legal counsel. Additionally, every jurisdiction seeking to adopt a model law must determine which provisions are politically viable and appropriate for its constituents.

The Law Center is available to provide assistance to any jurisdiction seeking to tailor a model law to its particular needs.

Feature Publication

Model Laws for a Safer America: Seven Regulations to Promote Responsible Gun Ownership and Sales (Sept. 2011)

Model Laws for a Safer America is designed for use by activists and elected officials nationwide seeking to close dangerous loopholes in our federal regulatory system. The publication provides sample language for state and local gun laws in seven crucial areas, supported by detailed legislative findings.

The publication provides sample language for state and local laws to: 1) require background checks on all gun purchasers; 2) license firearm owners; 3) register all firearms; 4) regulate firearms dealers and ammunition sellers; 5) require the reporting of lost or stolen firearms; 6) impose a waiting period before the sale of a firearm; and 7) limit firearm purchases to one per person every 90 days. The publication also includes a discussion of common opposition arguments and legal issues.

Classes of Weapons

Assault Weapons and Large Capacity Ammunition Magazines

This updated model law, published in December 2012, bans assault weapons and large capacity ammunition magazines using an approach that is stronger and more comprehensive than the former federal ban.

Local jurisdictions in California may also consider this California-specific model law to prohibit the possession of large capacity ammunition magazines. State law bans the manufacture and transfer of large capacity ammunition magazines.

Fifty Caliber Rifles

Prohibits the sale of 50 caliber rifles and cartridges.

Air Rifles

Bans the sale and possession of air rifles, defined to include B-B, air and pellet guns.

Sales and Transfers

Universal Background Checks

Requires background checks on all prospective firearm purchasers, closing a loophole in federal law that allows private firearm sellers (i.e., unlicensed persons) to sell guns without conducting background checks.

Gun Dealers and Other Sellers

Regulating Gun Dealers

Supplements federal law by requiring, among other things, that dealers obtain a local permit, conduct employee background checks and obtain liability insurance. Also prohibits dealers from operating in residential neighborhoods and near other “sensitive” areas, such as schools, playgrounds and places of worship. The Law Center has created a model for California, which can be tailored to other jurisdictions.

Gun Ownership

The Gun Owners’ Safety and Responsibility Ordinance

Requires any person seeking to own, possess, purchase or otherwise acquire a firearm to obtain a firearm safety certificate, which obligates the applicant to successfully complete a safety training course that includes live firing, a safe-handling demonstration and a written test of firearm laws. Firearm owners also must register their firearms and notify law enforcement when their weapons are lost or stolen. In addition, the model requires that gun owners safely store their firearms in the home to prevent access by children and other unauthorized users. This model law is designed specifically for local jurisdictions in Illinois.

Reporting of Lost or Stolen Firearms

Requires any firearm owner or possessor to report the loss or theft of his or her firearm to law enforcement within 48 hours of the time he or she knew or reasonably should have known of the loss or theft. This model is designed for use by local jurisdictions in California.

Firearms in Public Places

Regulating the Carrying and Possession of Firearms in Public Places

Establishes rules for the issuance of permits to carry concealed firearms in public and prohibitions for carrying guns in public under certain circumstances. This model legislation provides two options for regulating firearm possession in public: Option I prohibits the carrying of exposed firearms, and limits the carrying of concealed guns to persons issued a permit pursuant to a detailed, discretionary permitting process; Option II generally prohibits the possession of a firearm, whether hidden or exposed, in any public place, with appropriate exceptions.

Consumer and Child Safety

Personalized Handguns

Requires the personalization of handguns – equipping handguns with technology that prevents them from firing when operated by an unauthorized user. Provides testing standards and certification procedures for personalized handguns. Prohibits the manufacture, importation, purchase and transfer of non-personalized handguns.

Law Enforcement Resolutions

Resolution Urging Law Enforcement to Obtain and Utilize California Department of Justice Information Regarding Prohibited Armed Persons

Urges law enforcement to receive information from the California Department of Justice (DOJ) regarding persons who legally purchased firearms in the jurisdiction but subsequently became prohibited from possessing them. The resolution urges law enforcement agencies who have received this information to seek training from DOJ regarding its use, and to retrieve illegally possessed firearms whenever possible. This resolution is designed for use by local jurisdictions in California.

Resolution Urging Law Enforcement to Send Letters to Prospective Handgun Purchasers

Urges law enforcement to obtain information from the California Department of Justice about persons who reside in the jurisdiction and have recently applied to purchase handguns. Based on a successful program in Los Angeles, this resolution urges law enforcement to send letters to these prospective handgun purchasers to inform them of their responsibilities as firearm owners. This resolution is designed for use by local jurisdictions in California.

U.S. Senators Joe Manchin and Pat Toomey (Credit: AP Photo/J. Scott Applewhite)

We’re outraged but not defeated. The U.S. Senate just voted not to adopt the background check legislation offered by Senators Manchin and Toomey. The Manchin-Toomey proposal, which would have required background checks for firearms sales at gun shows and sales made over the Internet, fell just 6 votes short of the 60 vote threshold needed to proceed.

While the Manchin-Toomey legislation was a bipartisan compromise bill that included several disconcerting concessions to the gun lobby, it would have been a significant step forward for background checks in America. With the failure of this legislation today, a minority of senators have prevented critical progress towards universal background checks, which are supported by 90% of Americans as well as strong majorities of gun owners and NRA members.

We are disappointed and outraged by the outcome of today’s vote, but this is not the end of the fight for stronger federal laws to protect our communities from gun violence. In fact, this is just the beginning. Over three thousand Americans have been killed by guns since Newtown. For them, for the children and teachers at Sandy Hook, and for all those who have been impacted by gun violence, we will continue to fight for the changes that we know can save lives.

While federal efforts received a setback today, there continues to be good news at the state level. Just yesterday, eleven significant bills passed out of the California State Senate’s Public Safety Committee. This victory marks a critical first step for California, and it comes after important state victories in Maryland, Connecticut, Colorado, and New York.

Just as change is happening in the states, it will come to the federal level. Now more than ever, Americans are united in agreement that our weak gun laws are simply unacceptable. The American public’s voice – calling for universal background checks and other important safety measures – will be heard in the halls of Congress.

Please stand with us in this fight. Pitch in today so we can continue to work tirelessly for safer communities.

Every year, the Law Center to Prevent Gun Violence tracks and analyzes all of the firearms legislation pending in the California Legislature. This year, California legislators have introduced a historic number of firearms bills, including a number of significant and innovative measures to strengthen the state’s gun laws.

This analysis summarizes over 30 bills that would change California’s gun laws. Please note that this analysis is ongoing and will be revised to reflect subsequent amendments and other developments.

For more information about the legislative process in California, see this overview of the legislative process or the publication California’s Legislature.

(This analysis was last updated on April 30th, 2013)

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Since President Obama announced his support for laws requiring universal background checks on all gun buyers, banning military-style assault weapons and large capacity ammunition magazines, and punishing gun traffickers, there has been significant discussion about the constitutionality of these proposals under the Second Amendment. In order to move forward on real change to our nation’s gun laws, it’s vitally important that legislators understand that the president’s proposed reforms are completely constitutional and are critical to stopping our nation’s gun violence epidemic.

Today, a subcommittee of the U.S. Senate Judiciary Committee held a hearing titled “Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment.” In written testimony submitted to the subcommittee, our Legal Director, Juliet Leftwich, discussed how the Second Amendment presents no obstacle to President Obama’s proposals. The testimony explained that although the U.S. Supreme Court held in District of Columbia v. Heller that the Second Amendment protects the right of a law-abiding, responsible citizen to possess a handgun in the home for self-defense, the president’s proposals are consistent with the Supreme Court’s decisions and the decisions of courts that have evaluated Second Amendment challenges since Heller.

Additionally, the Center for American Progress today released a memo coauthored by the Law Center’s Executive Director, Robyn Thomas, on the constitutionality of the proposals endorsed by the president. The memo concludes that “many forms of firearm regulation remain constitutional, including laws to prevent firearm possession by criminals and limitations on the possession of dangerous and unusual weapons. The measures endorsed by President Obama and proposed by Congress are safely within these confines and reflect the sort of reasonable regulation that the Supreme Court endorsed in Heller and has accepted in a host of other constitutional contexts.”

Click here to see a larger version of this diagram.

As devastating tragedies like Newtown all too frequently remind us, military-style assault weapons and large capacity ammunition magazines present serious threats to the safety of communities nationwide. To help communities prevent future violence, the Law Center to Prevent Gun Violence has developed a new model law to ban these dangerous weapons of war.

The model combines the best elements of assault weapon bans in states across the country, bringing together the strongest and most effective provisions — as well as important findings about the need for these laws — into a single document. It is based on our expert review of existing laws, judicial decisions, policy research, studies, and other gun violence prevention data.

Download our Model Law to Ban Assault Weapons
and Large Capacity Ammunition Magazines

For more information on assault weapons and large capacity ammunition magazines generally, see the Law Center’s policy discussions on these topics.

Photo by Brett Duke, NOLA.com The Times-Picayune

On Election Day, the voters of Louisiana approved a ballot initiative that may make it easier for criminals to challenge the state’s gun laws in court. That NRA-sponsored initiative – the first of its kind in the nation – amended the state constitution’s right to bear arms provision to force courts considering state constitutional challenges to gun laws to apply “strict scrutiny,” the highest judicial standard.

The new provision is outrageous because it will require courts to review laws under a certain standard, rather than letting them decide for themselves what standard to use, as they traditionally have done. Strict scrutiny is often described as “strict in theory, fatal in fact,” because the vast majority of laws subject to strict scrutiny are found to be unconstitutional. Even the Supreme Court has not advocated for the use of strict scrutiny in cases evaluating laws under the Second Amendment. Requiring such a high standard could jeopardize even modest laws to reduce gun violence in Louisiana. This is especially alarming in a state that, in 2010, had the second highest number of firearm deaths per capita.

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We hear stories of gun violence every day. Domestic disputes turning deadly. Street crimes taking the lives of innocent people. Mass shootings wreaking havoc in our public spaces. Suicides and fatal accidents devastating families across the country. The unrelenting toll of America’s gun violence epidemic leaves 100,000 people injured or killed every year in communities nationwide.¹ But while the number of people affected by this crisis is staggering – 86 people die by guns every single day – it’s almost equally shocking to find that legislators nationwide aren’t doing everything in their power to prevent the killings.

Plenty of widely supported policies can reduce gun violence, but, in many states, they aren’t being adopted.² In fact, a number of states have chosen to pass measures that actually make it more difficult for law enforcement, doctors, and local officials to work to reduce gun deaths and injuries.

Click on each state’s initials in the map below to see our analysis of the gun laws in that state.

Grades have been assigned based on the strength of each state’s gun laws. A state in blue (or orange) has one of the ten lowest (or highest) gun death rates of all fifty states.

See a larger, non-clickable version of this map.

State gun laws are critical because our federal gun laws are extremely weak and leave enormous gaps. For example, 40% of all gun sales can be completed without background checks because federal law doesn’t require checks for firearm sales between private parties.³ Unless states step in and adopt their own smart laws, federal gaps like these allow guns to easily flow into the hands of criminals.

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1. Nat’l Ctr. for Injury Prevention & Control, U.S. Centers for Disease Control and Prevention, Web-Based Injury Statistics Query & Reporting System (WISQARS) Injury Mortality Reports, 1999-2010, for National, Regional, and States; Nat’l Ctr. for Injury Prevention & Control, U.S. Centers for Disease Control and Prevention, Web-Based Injury Statistics Query & Reporting System (WISQARS) Nonfatal Injury Reports. [↩]
2. For model legislation on a number of critical gun violence prevention polices, see our publication Model Laws for a Safer America. [↩]
3. Philip J. Cook & Jens Ludwig, Guns in America: National Survey on Private Ownership and Use of Firearms, U.S. Department of Justice, National Institute of Justice Research in Brief 6-7 (May 1997). See our Federal Law on Private Sales page for more information. [↩]

California has a history of enacting some of the strongest gun laws in the nation. This year, Governor Brown signed two new measures to improve upon the state’s laws by helping to protect Californians from gun violence in public and in their homes. On September 28^th, the governor signed AB 1527. The new law prohibits the open carrying of unloaded rifles and shotguns in public.  After a similar measure banning the open carrying of unloaded handguns was enacted last year, members of the so-called “open carry movement” responded by openly carrying rifles and shotguns at shopping malls, beach areas and other crowded public places.  This activity greatly alarmed the public and law enforcement statewide, resulting in the new measure.  The open carrying of all firearms is now prohibited in public places in California. The Law Center supported both the handgun and long gun open carry bans.

One day later, Governor Brown signed SB 1433, which will help disarm domestic abusers.  This law will require certain courts that issue protective orders to cross-reference state firearm records to determine whether a domestic abuser owns a firearm. If records indicate that a batterer is also a gun owner, law enforcement must request that the firearms be relinquished when serving the protective order. The Law Center supported this measure. Abused women are five times more likely to be killed by their abusers if an abuser owns a firearm. Strong procedures to facilitate the relinquishment of firearms by domestic abusers are absolutely critical.

Want to see more success stories? You can find them here.