Gun Control Act of 1968
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| Gun Control Act of 1968 | |
|---|---|
| Name | Gun Control Act of 1968 |
| Enacted by | 90th United States Congress |
| Effective date | October 22, 1968 |
| Public law | Public Law 90–618 |
| Codified as | Title 18 of the United States Code and Title 26 of the United States Code (Internal Revenue Code) |
| Introduced in | United States House of Representatives |
| Signed by | Lyndon B. Johnson |
| Signed date | October 22, 1968 |
Gun Control Act of 1968 The Gun Control Act of 1968 is a pivotal United States federal statute that revised Federal Firearms Act provisions and established new regulatory controls over firearms commerce, imports, and prohibited persons. Enacted during the administration of Lyndon B. Johnson after the assassinations of John F. Kennedy, Robert F. Kennedy, and Martin Luther King Jr., the Act aimed to address concerns raised in the aftermath of high-profile political violence and shifting public policy debates in the late 1960s. The statute created a new federal licensing framework for firearms dealers and expanded the categories of persons barred from possessing firearms, shaping decades of subsequent United States federal legislation and litigation.
Background and Legislative History
Legislative momentum for the Act grew following the assassinations of John F. Kennedy in 1963, Martin Luther King Jr. in 1968, and Robert F. Kennedy in 1968, events that prompted investigations by the Warren Commission and the Kerner Commission into public safety and gun access. Political responses involved leaders such as Lyndon B. Johnson and members of the 90th United States Congress, including debates in the United States House of Representatives and the United States Senate over amendments to the Federal Firearms Act of 1938 and proposals from lawmakers aligned with Democratic and Republican caucuses. Interest groups like the National Rifle Association of America and advocacy organizations including Handgun Control, Inc. (later Brady Campaign to Prevent Gun Violence) mobilized during hearings before committees such as the United States Senate Committee on the Judiciary, influencing the statute's provisions and the scope of regulatory authority granted to the Bureau of Alcohol, Tobacco, Firearms and Explosives predecessors.
Major Provisions
The Act substantially amended the Federal Firearms Act framework by imposing a federal licensing system for importers, manufacturers, and dealers, codified in provisions administered initially by the Bureau of Alcohol, Tobacco, Firearms and Explosives successors. It prohibited interstate firearm transfers except among licensed parties and restricted mail-order sales under terms influenced by congressional committees including the House Committee on Ways and Means. The statute defined categories of "prohibited persons," drawing from statutes concerning convictions in state courts such as those in New York (state) and Illinois, and disqualifying individuals convicted of certain felonies, fugitives from justice, unlawful drug trafficking statutes, and adjudicated mental defectives. The Act also addressed importation standards shaped by international considerations with agencies like the United States Customs Service and influenced by rulings and enforcement by the United States Department of the Treasury.
Enforcement and Administration
Administration of the Act fell to federal agencies transitioning from the Alcohol, Tobacco, Firearms and Explosives functions originally under the United States Department of the Treasury and later reorganized in connection with the Homeland Security Act of 2002 and departmental realignments. Enforcement involved coordination with Federal Bureau of Investigation criminal background checks before the later establishment of the National Instant Criminal Background Check System; cooperation extended to state law enforcement agencies such as the New York Police Department and prosecutors in federal districts like the United States District Court for the Southern District of New York. Regulatory oversight included registration, recordkeeping requirements, and import controls guided by treaties and trade policies involving agencies like United States Customs Service and Department of Justice components.
Legal Challenges and Supreme Court Cases
The Act’s constitutionality and scope generated litigation in federal courts, producing decisions that shaped interpretation of the Second Amendment and federal regulatory power in cases heard before the United States Supreme Court and various United States Courts of Appeals. Challenges referenced precedents including decisions from the Supreme Court of the United States and influenced later rulings in landmark cases such as District of Columbia v. Heller and McDonald v. City of Chicago, which re-evaluated individual rights to keep and bear arms and construed the reach of federal and municipal controls. Appellate litigation frequently involved parties represented by organizations like the American Civil Liberties Union and the Law Center to Prevent Gun Violence, and adjudication considered statutory interpretation doctrines applied in circuits including the U.S. Court of Appeals for the Second Circuit and the U.S. Court of Appeals for the Ninth Circuit.
Impact and Effects on Gun Policy and Crime
The Act influenced state-level statutes in jurisdictions including California and Texas and affected market practices of manufacturers such as Colt's Manufacturing Company and Smith & Wesson, altering importation patterns involving firms with ties to Italy and Belgium arms industries. Empirical analyses by scholars associated with institutions like Harvard University, Johns Hopkins University, and think tanks including the Brookings Institution examined correlations between statutory changes and trends in violent crime, including homicide and armed robbery rates in metropolitan areas like Chicago and Los Angeles. Policy effects intersected with public health research from universities such as Columbia University and University of Pennsylvania and spawned advocacy campaigns by groups including Mothers Against Violence and Brady Campaign to Prevent Gun Violence.
Amendments and Subsequent Federal Legislation
Subsequent federal statutes built on the Act’s framework, including the Firearm Owners Protection Act of 1986, the creation of the National Instant Criminal Background Check System under the Brady Handgun Violence Prevention Act of 1993, and regulatory adjustments following the establishment of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Congress revisited provisions through appropriations riders and measures considered in the United States Congress affecting enforcement funding, oversight hearings in the United States Senate Committee on the Judiciary, and executive actions under administrations of presidents such as Ronald Reagan, Bill Clinton, and Barack Obama.