Gun politics in the United States
In the context of gun violence in the United States, there are two primary opposing ideologies regarding private firearm ownership: gun control and gun rights.
Advocates of gun control support increasingly restrictive regulations on gun ownership, while proponents of gun rights oppose such restrictions and often support the liberalization of gun ownership. These groups typically differ in their interpretations of the Second Amendment to the United States Constitution, as well as in their views on the role of firearms in public safety, their impact on public health, and their relationship to crime rates at both national and state levels.
Since the early 21st century, private firearm ownership in the United States has been steadily increasing, with a notable acceleration during and after 2020.
The survey also indicates a rise in the diversity of firearm owners, with increased ownership rates among females and ethnic minorities compared to previous years.
History
Firearms in American life begin with the earliest attempts to settle and colonize the United States. Firearms were made, imported and provided for agrarian, hunting, defense and diplomatic purposes. A connection between shooting skills and survival among American men in the colonial expanses was often a necessity, and could serve as a 'rite of passage' for those entering manhood. Today, the figures of the settler colonist, hunter and outdoorsman survive as central to American gun culture, regardless of modern trends away from hunting and rural life.Prior to the American Revolution, there was neither the ability nor political desire to maintain a standing army in the American colonies. Since at least the time of the Glorious Revolution, English political ideology was strongly opposed to the idea of a standing army. Therefore, the armed citizen-soldier carried responsibility. Service in colonial militia, including providing one's own ammunition and weapons, was mandatory for all men. Yet, as early as the 1790s, the mandatory universal militia duty evolved gradually to voluntary militia units and a reliance on a regular army. Throughout the 19th century the institution of the organized civilian militia gradually declined. The unorganized civilian militia under current U.S. law consists of all able-bodied males at least seventeen years of age and under the age of 45—with some exceptions—who are not members of the National Guard or Naval Militia, as codified in.
Closely related to the militia tradition is the frontier tradition, with the need for self-protection pursuant to westward expansion and the extension of the American frontier. Though it has not been a necessary part of daily survival for over a century, "generations of Americans continued to embrace and glorify it as a living inheritanceas a permanent ingredient of this nation's style and culture".
Since the founding-era of American Federalist politics, debates regarding firearm availability and gun violence in the United States have been characterized by concerns about the right to bear arms, as found in the Second Amendment to the U.S. Constitution, and the responsibility of the United States government to serve the needs of its citizens and to prevent crime and deaths.
Firearms regulation supporters say that indiscriminate or unrestricted gun rights inhibit the government from fulfilling that responsibility, and causes a safety concern. Gun rights supporters promote firearms for self-defense – including [|security against tyranny], as well as hunting and sporting activities. Gun control advocates state that restricting and tracking gun access would result in safer communities, while gun rights advocates state that increased firearm ownership by law-abiding citizens reduces crime and assert that criminals have always had easy access to firearms.
Gun legislation in the United States has become increasingly subject to federal judicial interpretation of the Constitution.
The Second Amendment to the U.S. Constitution reads: "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." In 1791, the United States adopted the Second Amendment, and in 1868 adopted the Fourteenth Amendment. The historical tradition bounded by these two amendments has been the subject of U.S. Supreme Court decisions in District of Columbia v. Heller, where the Court affirmed for the first time that the Second Amendment guarantees an individual right to possess firearms for traditionally lawful purposes, independent of service in a state militia, in McDonald v. City of Chicago, where the Court ruled that the Second Amendment's restrictions are incorporated by the Due Process Clause of the Fourteenth Amendment and thereby apply to state as well as federal law, and most recently in the NYSRPA v. Bruen. As emphasized in Bruen, the Second Amendment makes an "unqualified command" that the "individual-right" of firearms ownership, as opposed to the collective or militia-based theory of the right, is protected from all restriction unless a government authority can demonstrate their law is with the Nation's historical tradition of firearms regulation.
In 2018 it was estimated that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. However, record gun sales followed in the following years. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
Colonial era through the Civil War
In the summer of 1619 in Jamestown, Virginia, leaders of the settlement came together to pass the first gun law:File: Minute Man Statue Lexington Massachusetts cropped.jpg|left|upright=.7|thumb|Gun politics date to Colonial America.
In the years prior to the American Revolution, the British, in response to the colonists' unhappiness over increasingly direct control and taxation of the colonies, imposed a gunpowder embargo on the colonies in an attempt to lessen the ability of the colonists to resist British encroachments into what the colonies regarded as local matters. Two direct attempts to disarm the colonial militias fanned what had been a smoldering resentment of British interference into the fires of war.
These two incidents were the attempt to confiscate the cannon of the Concord and Lexington militias, leading to the Battles of Lexington and Concord of April 19, 1775, and the attempt, on April 20, to confiscate militia powder stores in the armory of Williamsburg, Virginia, which led to the Gunpowder Incident and a face-off between Patrick Henry and hundreds of militia members on one side and the Royal Governor of Virginia, Lord Dunmore, and British seamen on the other. The Gunpowder Incident was eventually settled by paying the colonists for the powder.
According to historian Saul Cornell, states passed some of the first gun control laws, beginning with Kentucky's law to "curb the practice of carrying concealed weapons in 1813." There was opposition and, as a result, the individual right interpretation of the Second Amendment began and grew in direct response to these early gun control laws, in keeping with this new "pervasive spirit of individualism." As noted by Cornell, "Ironically, the first gun control movement helped give birth to the first self-conscious gun rights ideology built around a constitutional right of individual self-defense."
The individual right interpretation of the Second Amendment first arose in Bliss v. Commonwealth, which evaluated the right to bear arms in defense of themselves and the state pursuant to Section 28 of the Second Constitution of Kentucky. The right to bear arms in defense of themselves and the state was interpreted as an individual right, for the case of a concealed sword cane. This case has been described as about "a statute prohibiting the carrying of concealed weapons was violative of the Second Amendment".
The first state court decision relevant to the "right to bear arms" issue was Bliss v. Commonwealth. The Kentucky court held that "the right of citizens to bear arms in defense of themselves and the State must be preserved entire,..."
Also during the Jacksonian Era, the first collective right interpretation of the Second Amendment arose. In State v. Buzzard, the Arkansas high court adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution that declared, "that the free white men of this State shall have a right to keep and bear arms for their common defense", while rejecting a challenge to a statute prohibiting the carrying of concealed weapons.
The Arkansas high court declared "That the words 'a well-regulated militia being necessary for the security of a free State', and the words 'common defense' clearly show the true intent and meaning of these Constitutions and prove that it is a political and not an individual right, and, of course, that the State, in her legislative capacity, has the right to regulate and control it: This being the case, then the people, neither individually nor collectively, have the right to keep and bear arms." Joel Prentiss Bishop's influential Commentaries on the Law of Statutory Crimes took Buzzard's militia-based interpretation, a view that Bishop characterized as the "Arkansas doctrine," as the orthodox view of the right to bear arms in American law.
The two early state court cases, Bliss and Buzzard, set the fundamental dichotomy in interpreting the Second Amendment, i.e., whether it secured an individual right versus a collective right.
Post Civil War
In the years immediately following the Civil War, the question of the rights of freed slaves to carry arms and to belong to the militia came to the attention of the federal courts. In response to the problems freed slaves faced in the Southern states, the Fourteenth Amendment was drafted.When the Fourteenth Amendment was drafted, Representative John A. Bingham of Ohio used the Court's own phrase "privileges and immunities of citizens" to include the first Eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation.
The debate in Congress on the Fourteenth Amendment after the Civil War also concentrated on what the Southern States were doing to harm the newly freed slaves. One particular concern was the disarming of former slaves.
The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v. Cruikshank which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government."
Akhil Reed Amar notes in The Yale Law Journal, the basis of common law for the first ten amendments of the U.S. Constitution, which would include the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist Haymarket affair case, Spies v. Illinois":