Photo by Dan Galvani Sommavilla
Guns have cultural, economic, and symbolic significance in America. Many US citizens hold the gun collecting, sport shooting, and hunting traditions dear. They also appreciate the safety benefits of owning a gun. But it’s not just active gun owners who benefit. Hunting drives the tourism sector of many regions in the country, and thousands work in the broader firearm and hunting-related industries ranging from butcher shops and meat processing to clothing manufacturing.
Simultaneously, people are injured or die every year due to criminal activity and accidents. However, the spate of mass shootings has been a critical driver of recent gun debates. Both gun rights advocates and gun owners believe this much sorrow and violence should not be tolerated. The passionate divergence is often about the approach that should be taken to curb the violence.
The Second Amendment of the US Constitution gives citizens the right to own and carry arms. That has made it challenging to pass nationwide gun legislation, and consequently, US gun laws vary from state to state. Here are some essential proposals and changes to US gun laws in 2023.
Legislation against Gun Control
Both Congress chambers and all 50 states have formulated laws to expand firearm access. Approximately 986 pieces of this legislation were introduced in the first half of 2023. New York, Illinois, and Oklahoma proposed the most bills seeking to increase firearm access, while Tennessee, Arkansas, and Montana passed the most legislation in this category.
Table 1: Most active states in the proposal and passage of bills expanding firearm access (Jan-Jun 2023)
Many of these bills are well-known. They demonstrate efforts to advance the right to carry in public by reducing training, registration, and permitting requirements. Here are some notable legislation to expand gun access in America in 2023.
Permitless Carry
Permitless carry is also referred to as constitutional carry. Alabama effected this law on January 1, 2023. It allows anyone 19 years and over who is lawfully entitled to own a firearm to carry a concealed one in public without a permit. The 2022 law that developed a database of individuals banned from owning guns significantly aided the passage of this law. Even so, residents of Alabama are still banned from carrying a firearm in areas stipulated under state and federal laws, like jails, courthouses, and facilities hosting athletic events. Private property owners are also legally allowed to prohibit concealed weapons within their compounds. Any gun owner who fails to comply could face trespass charges.
After Alabama, Florida, Nebraska, and Alaska have also affected their permitless carry laws. Presently, 28 US states have legislation allowing residents to carry concealed weapons without permits.
Mississippi 2023 Legislation
Mississippi has the highest per capita rate of gun deaths. Some would use this as a case for gun control. However, the state’s legislators introduced five laws easing gun access in 2023. The legislation:
- Prevents the restriction of gun suppressors
- Allows school employees to be armed
- Allows law enforcers more flexibility in weapons possession
- Bans firearm recordkeeping
Marijuana Users’ Right to Carry
In Minnesota, Arkansas, and Delaware, lawmakers passed laws protecting the freedom of marijuana users to acquire firearms. Minnesota’s HF 100 regulates and legalizes recreational marijuana. The legislation has provisions that disallow authorities from denying one a gun permit due to marijuana usage. The bill also restores the right to firearm access of residents whose records were deleted from marijuana-related convictions.
North Carolina’s Removal of Permits to Purchase
At the start of 2023, 13 states required background checks for one to buy a firearm. In January 2023, North Carolina lawmakers introduced S 41 to strike down the requirement of a permit to obtain a gun. The law took effect in March.
In addition to removing background checks, the bill allows permit holders to bring their firearms onto specific school properties at stipulated times. This part of the bill is expected to be effective from December 2023.
Legislation for Gun Control
In 2023, New York, Illinois, and Texas introduced the majority of the bills restricting gun access, while Colorado, Maryland, and Washington passed the most firearm control laws. Below are some significant gun control legislation introduced at the state and federal levels in 2023.
Final Rule on Stabilizing Braces
Photo by Tima Miroshnichenko
ATF Final Rule 2021R-08F became effective in January 2023. The bill revised the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rules on firearms fired from a shooter’s shoulder. It clarifies that when individuals, dealers, and manufacturers attach stabilizing braces to pistols, they convert them into short-barreled rifles. These weapons have barrels shorter than 16 inches and are subject to different regulations from those of pistols. The different laws are because short-barreled rifles are as easy to conceal as pistols yet have superior destructive capacity to handguns.
The stabilizing brace has been used in several mass shootings. This rule is meant to make it difficult for ill-willed citizens to circumvent legal loopholes and convert their handguns into more powerful rifles that could harm innocent Americans.
It is important to note that the legislation does not include accessories objectively created for use as stabilizing braces by persons with disabilities. Such braces are made to conform to a shooter’s arms and not for use as gunstocks. Users of the restricted stabilizing brace had until May 31, 2023, to register their guns as short-barrelled rifles tax-free. Those who have not done so can still comply with the rule by:
- Removing the short barrel and attaching a rifle with a barrel length of at least 16 inches
- Permanently removing, disposing, or deforming the stabilizing brace such that it’s not re-attachable
- Surrendering the firearm to ATF officials
Assault Weapons Ban
Photo by STNGR LLC on Unsplash
Assault weapons have been used in about 25% of US mass shootings. These rifles are semi-automatic and made for military use and more efficient killing. Accordingly, shootings involving them often have more casualties than those involving non-assault rifles. Their unique lethalness stems from their great muzzle velocity and rapid-fire rate. When a shooter using an assault rifle pulls its trigger, it fires a bullet and automatically loads a new one. This allows them to fire many rounds within a short period. If the shooter has military-grade tactical gear, stopping him becomes even more difficult. That’s why states like New York have created laws restricting the sale and use of bulletproof vests above grade three to residents unless they belong to an eligible profession.
AR-15s are the most widely used assault weapons in the US. AR magazines hold up to 30 rounds of ammunition, and the guns are semi-automatic. That allows a shooter to fire for long without stopping to reload.
Acknowledging this danger, the Federal government has taken steps to ban assault weapons. In January 2023, the California senator introduced S25 to Congress. The bill intends to impose a federal ban on assault rifles and has the backing of President Joe Biden. S25 is presently under review by the Judiciary Committee.
As of October 2023, 10 states have active assault rifle bans. In April 2023, Governor Inslee of Washington assented to HB 1240, effectively restricting the use of 61 assault weapons. Other states with similar restrictions are California, Connecticut, Delaware, Hawaii, Maryland, New Jersey, Massachusetts, New York, and Illinois.
Other Restrictive Legislation
In addition to banning assault rifles and specific gun accessories, states have other laws to regulate residents’ access to guns. For instance, Colorado introduced HB 1219, which requires a buyer to wait three days after purchasing a gun to receive it. This waiting period allows the dealer to initiate a background check on the buyer and get approval from the ATF to dispatch the weapon. Dealers who break this law are liable to a fine of between $500 and $5,000.
Washington has HB 1143, which requires gun buyers to be trained on proper handling, usage, transportation, and storage of their rifles. The training under this law also includes:
- Peaceful de-escalation strategies
- Risk awareness related to children and other individuals with suicidal tendencies accessing guns
- Explanation of the laws of self-defense
Lastly, Maryland passed SB1, which prohibits civilians from bringing guns onto private property without the owner’s consent. The legislation also bans residents from transporting, carrying, or wearing handguns in zones for kids and vulnerable populations like schools or special purpose places such as restaurants and other establishments that offer alcohol.
Image by Ibro Palic from Pixabay
In conclusion, 2023 has seen the introduction of several gun laws in the US. These laws hope to reduce the number of mass shootings and associated deaths, as well as gun suicides and homicides. They also intend to help gun lovers in America, who only own rifles for fun, sport, and culture, continue enjoying their gun culture without endangering the people around them. Whether or not you support these legislative pieces, it helps to stay informed. Remember, ignorance is never a defense.
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.
Jordan McDowell is a writer and second amendment rights advocate. As a proud advocate for responsible gun rights nationwide, he writes about recreational hunting as well as the latest developments in state and national legislation.