Gun Rights Face Some Federal Action in 2024

Paresh Jadhav

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Colorado, Illinois, Michigan and Minnesota have recently passed laws restricting “ghost guns”, or weapons assembled from kits or 3D printed materials.

The most consequential decisions will take place at a federal level this year. Whoever controls both Congress and the presidency will ultimately shape how we view and apply the Second Amendment over time.

State Legislation

As the nation works through the aftermath of mass shootings in Florida and elsewhere, state legislatures have begun crafting new gun legislation proposals; however, following the Supreme Court’s ruling in Bruen, many may be challenged in court.

Due to this decision, advocates have had to scour historical records for laws similar to those they are trying to implement today – which has slowed legislation progress while activists await clarification on how the federal courts interpret the Second Amendment.

In the meantime, activists are working to convince current lawmakers and candidates of the need for stricter policies. Their focus is aimed at convincing independent voters who could swing close races their way, and also believe they can win over Republican base voters with messages of safety.

Legal Challenges

This year, the Supreme Court will likely hear another significant second amendment case: United States v. Rahimi could significantly change how courts review challenges to regulations; its conservative majority appears to embrace an expansive interpretation of the Second Amendment that allows states to implement stricter restrictions than what has been passed at a national level.

Michigan will implement new gun safety laws in 2024, expanding background checks and mandating that firearms are stored out of reach from children. Governor Gretchen Whitmer signed an array of measures following the mass shooting at Michigan State University; among these was a red flag law closing the boyfriend loophole and prohibiting “ghost guns”, assembled from kits typically lacking serial numbers – legislation which pro-gun groups have sued over.

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Elections

2024 elections may have lasting ramifications for gun rights. Giffords and other gun safety groups will aim to support candidates who prioritize legislation that curbs firearm violence among women voters and persuadable independents.

Oregon dropped one spot to 10th on Everytown’s ranking due to a ban on ghost guns coming into effect in September, along with universal background checks and mandating all private sales through licensed dealers.

At a federal level, this term’s Supreme Court term will witness appeals on whether those under domestic violence protection orders can possess firearms and whether the century-old law established in New York Rifle & Pistol Association v. Bruen establishes a new standard for evaluating Second Amendment cases. Justices have signaled their reservations towards Fifth Circuit’s ruling protecting alleged domestic abusers; yet to be seen is what action will be taken from that point forward by this high court.

Policy

2024 will mark a turning point for gun safety as the first wave of women candidates to run for office since 2010 enter Congress. Democratic congressional leaders committed to ending gun violence and saving lives are determined to pass commonsense legislation such as Senator Blumenthal and Coons’ Federal Extreme Risk Protection Order Act, Ethan’s Law and background check completion bill; Representative Giffords Schakowsky Murphy gun trafficking measures and ghost gun legislations as well as Rep Collins comprehensive background checks measure.

Michigan Governor Gretchen Whitmer recently signed into law several gun safety laws that will expand background checks, require safe storage and create “red flag” laws enabling courts to temporarily take firearms away from individuals deemed immediate threats. Michigan subsequently rose from 24th place on Everytown’s Gun Safety Rankings to 20th after adopting these measures; an appeals court temporarily blocked an NRA lawsuit challenging these measures before staying the ruling and proceeding forward with legal proceedings to enforce it.

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