Straight Talkon

Gun Control Laws

2nd Amendment

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.

- Ratified 1791

Federal Restrictions 19341934 National Firearms Act National Firearms Act 19381938 Federal Firearms Act Federal Firearms Act

19681968 Gun Control Act Gun Control Act

19861986 Law Enforcement Officers Protection Act and Law Enforcement Officers Protection Act and

Firearm Owners Protection ActFirearm Owners Protection Act 19901990 Crime Control Act Crime Control Act

19941994 Brady Handgun Violence Prevention Act and Brady Handgun Violence Prevention Act and

Violent Crime Control and Law Enforcement ActViolent Crime Control and Law Enforcement Act

20032003 Tiahrt Amendment Tiahrt Amendment

20052005 Protection of Lawful Commerce in Arms Act Protection of Lawful Commerce in Arms Act

Michigan Gun Laws

MI Constitution: Every person has a right to keep and MI Constitution: Every person has a right to keep and bear arms for the defense of himself and the state.bear arms for the defense of himself and the state.

Weapons Free School ZonesWeapons Free School Zones

Licensed pistol requirementsLicensed pistol requirements

Includes mental health & criminal history limitationsIncludes mental health & criminal history limitations

Concealed Pistol LicenseConcealed Pistol License

Includes stricter mental health & criminal history limitationsIncludes stricter mental health & criminal history limitations

Trigger-locks & Gun Cases in every federally licensed Trigger-locks & Gun Cases in every federally licensed salesale

Hunting Licenses & TagsHunting Licenses & Tags

Washington DC banned handguns within city limits and required long guns to be kept unloaded and dismantled, or trigger-locked except when used for recreational purposes or business

The Court affirmed an individual's right to own a gun and use it in traditionally lawful ways (including self defense)

The Court required DC to issue handgun licenses to individuals who qualified

District of Columbia v. Heller District of Columbia v. Heller - 2008- 2008

2012 – The Year of the Gun?2012 – The Year of the Gun? April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos April 2, 2012. 43-year-old One L. Goh killed 7 people at Oikos

University, a Korean Christian college in Oakland, CA. University, a Korean Christian college in Oakland, CA.

July 20, 2012. 24-year-old James Holmes killed 12 people and July 20, 2012. 24-year-old James Holmes killed 12 people and wounded 58 during the midnight premiere of The Dark Knight Rises in wounded 58 during the midnight premiere of The Dark Knight Rises in Aurora, CO.Aurora, CO.

August 5, 2012. 40-year-old US Army veteran Wade Michael Page August 5, 2012. 40-year-old US Army veteran Wade Michael Page killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, killed 6 and himself and injured 4 at a Sikh Temple in Oak Creek, Wisconsin. Wisconsin.

December 14, 2012. Adam Lanza, 20, December 14, 2012. Adam Lanza, 20, killed 26 people (20 children) and himself killed 26 people (20 children) and himself at at Sandy Hook Elementary SchoolSandy Hook Elementary School in in Newtown, ConnecticutNewtown, Connecticut

Image Source: Image Source: http://www.motherjones.com/special-reports/2012/12/guns-in-http://www.motherjones.com/special-reports/2012/12/guns-in-america-mass-shootingsamerica-mass-shootings

The Debate:The Debate:Gun Control vs. Gun RightsGun Control vs. Gun Rights

“Protect Yourself” Top Supporter: The National Rifle

Association (NRA)

Position: Police are not required to protect

you, so you must be allowed to protect yourself

Criminals don't buy guns legally, so background checks won't work

Previous Assault Weapons bans had no effect on gun crime

Most criminals fire less than 10 bullets so high-capacity ammunition bans are unnecessary

Law-abiding citizens must be allowed to arm themselves against attacks

“Protected by the State” Top Supporter: The Brady

Campaign to Prevent Violence

Position: Universal Background checks are

needed to keep convicted felons and the dangerously mentally ill from buying guns

Ban highly lethal military-style semi-automatic weapons

Ban high-capacity magazines to limit fatalities & give time to intervene

Empower ATF to investigate and stop gun trafficking

Limit the number of guns bought at a time to stop trafficking

How to Respond:Gun Control or Gun Rights

We need to make it easier for mentally ill people to get help rather than turn to violence

We need to make it harder for violent or criminally minded people to get guns

We need to limit the damage that can be done before police are able to respond and intervene

The best way to prevent gun crime is a well-armed, well-trained populous

We need to provide more security in our schools

Restrictions on gun purchases hurt law-abiding citizens, not the criminals who perform gun violence

What Are the Facts?

What are the Facts?

68%

13%

4%

6%

7%

Firearms

Knives

Blunt Objects

Personal

Poison

Explosives

Fire

Narcotics

Drowning

Strangulation

Asphyxiation

Other/not stated

Image Source: http://www.prisonplanet.com/statistics-prove-more-guns-less-crime.html

Murder Victims by Weapon Type 2011Murder Victims by Weapon Type 2011

Information Source: Information Source: http://www.fbi.gov/about-us/cjis/ucr/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded-homicide-data-table-8expanded-homicide-data-table-8

Where the Public StandsAugust 2012

Image source: Image source: http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/14/nine-facts-about-guns-and-mass-shootings-in-the-united-states/nine-facts-about-guns-and-mass-shootings-in-the-united-states/

The ResponseObama's Executive Orders

Federal agencies must give data to federal background check system

Remove legal barriers (HIPPA) preventing states from giving data to background check system

Improve state incentives to share data

Review categories of prohibited individuals

Recommend law enforcement run full background checks before returning seized guns

ATF to provide guidance on background checks to private sellers

National safe & responsible gun ownership campaign

Review safety standards for gun locks & safes

Require federal trace on guns recovered in criminal investigations

Clarify Medicaid mental health coverage

Finalize health parity regulations

Release DOJ report on lost & stolen guns

Nominate ATF director

Provide shooter-response training to police, first responders & school officials

Prosecute gun crime & prevent gun violence

Direct CDC to research gun violence causes & prevention

Release AG report on new safety technology

Allow doctors to ask patients about guns in their homes

Allow healthcare providers to report threats of violence to police

Encourage schools to hire resource officers

Develop model emergency-response plans for schools & places of worship

Clarify ACA essential health benefits & parity

Launch national dialog on mental health

Current Pending Federal LegislationCurrent Pending Federal LegislationGun Control Bills

S.150 Assault Weapons Ban of 2013 Also HR.437

S.33 Large Capacity Ammunition Feeding Device Act of 2013

Also HR 138

HR.329 Strengthening Background Checks Act of 2013

S.54 Stop Illegal Trafficking in Firearms Act of 2013

HR.332 Equal Access to Justice for Victims of Gun Violence Act

S.22 Gun Show Background Check Act of 2013 Also HR 141

HR.236 Crackdown on Deadbeat Gun Dealers Act of 2013

HR.117: Handgun Licensing and Registration Act of 2013

HR.21: NRA Members’ Gun Safety Act of 2013

Gun Rights Bills S.82 would give no effect to any executive

action infringing on the 2nd Amendment Also HR.410

HR.133: Citizens Protection Act of 2013

S.35 Stop Online Ammunition Sales Act of 2013

Also HR 142

HR.427: Trafficking Reduction And Criminal Enforcement (TRACE) Act

H.R. 65: Child Gun Safety and Gun Access Prevention Act of 2013

H.R. 34: Blair Holt’s Firearm Licensing and Record of Sale Act of 2013

H.R. 137: Fix Gun Checks Act of 2013

Civil Rights ● Family ● Criminal

248-764-8584 www.schmidtlawservices.com

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