AmendmentGun Control and the Second

Gun Control and the Second Amendment: Where do Democrats and Republicans Stand?

By Julia Grimm Naumkin Edited by Brenagh Rapoport

With the 2020 elections in the United States, the familiar conversation on regulation of firearms remains heavily partisan. The Republican Party advocates for greater liberty for gun owners and users based on the rights enshrined in the Second Amendment, while the Democratic Party has called for tighter restrictions on gun purchases and ownership to reduce gun violence across the country.11 The two parties therefore have vastly different plans for gun control should they win the upcoming election. The controversy over government regulation of gun ownership in the US is uniquely defined by the Second Amendment to the US Constitution. The Amendment protects the individual right for Americans to keep and bear arms. It 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.”

The Republican Party’s position on gun ownership centres around defence of the Second Amendment.12 The party has consistently opposed legislation that could impose restrictions on the circulation or sale of firearms. They receive strong support from the arms lobby, especially having a close relationship with the influential National Rifle Association (NRA). The NRA is a highly influential force in US politics, in particular having spent more than $30 million on behalf of the Trump campaign in the 2016 election.13 The current Trump administration has emphasized protecting the individual right to firearm ownership. In general, Trump has been a strong ally of the gun lobby; his administrationhasloosened regulations on the export of firearms and the online publication of technical information about guns, as well as reversing an Obama-era restriction on gun purchases by people deemed mentally unfit by the Social Security Administration. The NRA praised Trump and endorsed his re-election in July 2020.14 According to the Republicans, lawful gun ownership is essential for people to exercise their right to self-defence. The Republicans therefore have not introduced gun control legislation and have blocked Democratic attempts to do so. Their election platform does call for regulation of firearms in one area, citing the need to clamp down on illegal gun sales to those with violent criminal histories.15

11 Matt Pearce, “Trump and Biden on Guns: Far Apart on Policy and Perspective,” The Los Angeles Times, August 19, 2020. 12 Republican Party, 2016 Republican Party Platform, The American Presidency Project. 13 Center for Responsive Politics, “National Rifle Assn, Targeted Candidates, 2016 Cycle,” Center for Responsive Politics. 14 Peace, “Trump and Biden on Guns.” 15 2016 Republican Party Platform.

In contrast, the Democratic Party platform proposes legislative reform on gun control, calling to “reduce gun violence while respecting the rights of responsible gun owners”.16 The main policy proposal of the Democrats regarding gun control is to expand and strengthen background checks for purchasing firearms.17 These are conducted through the National Instant Criminal Background Check System (NICS). Currently, despite legislation preventing persons with criminal records and serious mental health issues from purchasing firearms, an estimated 1 in 5 firearm sales do not involve a background check.18 Nevertheless, the expansion of background checks is highly controversial among certain groups, most vocally of which has been the NRA. Democratic presidential candidate Joe Biden has been involved in advocating for gun control throughout his political career. In his platform, Biden has proposed an extensive list of gun control measures. These include reinstating the ban on the purchase of assault weapons and high-capacity magazines by individuals, requiring registration by owners of assault weapons, enacting universal background check legislation, and more.19 The issue that inevitably arises with gun control is the outrage of the gun lobby and Americans with personal firearms who rally in support of the right to bear arms. So much so that nuclear non-proliferation expert Joseph Cirincione previously claimed, “Democratic presidents seem to be always looking over their right shoulder, fearful of attacks for being ‘weak on defense’.”20 Nevertheless, the Democrats are promising to implement gun control measures if elected this year. Implementing any policies on gun control in the US is highly controversial and it remains highly unlikely that the Republicans will agree to enact legislation that imposes limits on the freedoms guaranteed by the Second Amendment. Enacting gun control would likely require Democratic majorities in both the House of Representatives and the Senate, if not also the presidency. Even so, this did not prove enough during the Obama administration, most notably in 2013 when the Senate voted against a series of gun control proposals despite a Democratic majority and the support of a few Republican senators.21 The advisability of changing federal regulations for the purchase, circulation, and possession of firearms is frequently discussed by both parties. The Republicans remain in favour of increasing liberty surrounding gun ownership and use. The Democrats continue to push for legislative changes and increased regulation. It remains to be seen whether this year’s election outcome will result in change on firearm regulation for the United States.

16 Democratic National Committee, “Preventing Gun Violence,” The 2020 Democratic Platform. 17 DNC, “Preventing Gun Violence.” 18 Matthew Miller, Lisa Hepburn, and Deborah Azrael, “Firearm Acquisition Without Background Checks: Results of a National Survey,” Annals of Internal Medicine 166, no. 4 (2017): 233-239. 19 Joe Biden, “The Biden Plan to End our Gun Violence Epidemic,” Joe Biden for President, 2020.

20 Joseph Cirincione, “Republicans do it Better,” Bulletin of the Atomic Scientists 56, no. 5 (2000): 18.

21 Jonathan Weisman, “Senate Blocks Drive for Gun Control,” The New York Times, April 17, 2013.