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Law

Gun Control Laws in California

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Gun Control Laws in California

California is one of those states that have enacted strict gun control laws to curb the increased number of random shootings. The California gun control laws regulate the possession, use, and sale of ammunition and firearms in the state. The state has enacted one of the most stringent gun control laws in the entire US. These laws include the requirement for the residents to obtain a Firearm Safety Certificate that lasts for five years and is subject to renewal based on the safe use of the guns assigned. The second requirement is for the applicant to pass a written test under the supervision of an instructor certified by the Department of Justice. Third, the state gun laws require that the dealers of firearms and ammunition must undertake a thorough background check on individuals before allowing for loan, transfer, delivery, or sale. Fourth, the handgun manufacturers must register and certify the handguns for sale with the California Roster of Handguns[1]. Upon paying the set fess, the manufacturers must submit the products for safety testing and provide model specifications to the regulators.

The State of California has an updated database of licensed dealers to help monitor the sale and ownership of guns in the state. The state provides for a ten-day-waiting period during which it records the sale of firearms. The contrary to the Second Amendment, the State of California does not guarantee the right to purchase, carry, or possess a firearm. This loophole has enabled the state to come up with stringent gun control laws, as compared to the other states. Every year, the state issues new gun laws to enhance gun safety. For instance, in 2020, the state formulated a new law that prohibits people with gun-violence restraining order, for up to five years, from buying guns. The courts have the authority to issue the gun-violence restraining order for individuals accused of making threats to others. US citizens with prohibited from buying guns in other states would not be allowed to do so in California. The state prohibits citizens who have not attained the age of 21 from buying semiautomatic center-fire rifles. Finally, gun owners who allow unauthorized persons, such as minors, to access their guns would suffer a ban of five years..

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Despite having one of the most strict gun control laws in the US, California still ranks highest on the list of states with gun violence problems.  On average, about 3,086 annuals deaths in California are from guns. The state has the 44th-highest rate, at 7.7 deaths per 100, 000 people[2], of gun dates in America. Out of this population, about 51 percent of deaths are because of suicide. Gun is the second highest cause of death for teenagers and children. About 48 percent of the gun deaths in California are homicide. Although the state has tried to come up with annual laws that are stricter, the deaths from guns have grown by 5.6% since 1999[3]. From However, the increase in gun deaths lagged behind the growth in population in this period. This statistic shows that even though the state has stringent gun control laws, it has failed to regulate the ownership and use of the guns by the buyers. It has managed to keep the guns out of the hands of the criminals, but not unauthorized persons, such as underage users and people with mental issues.

State of Illinois Gun Control Laws

Like the State of California, Illinois has set in place gun control laws to regulate the use, ownership, and sale of ammunition and guns to the residents. The state has established the Firearms Owners Identification (FOID) card, which is a mandatory requirement that the Illinois State Police issues to applicants. Other than the FOID card, the Illinois police also issues licenses for the concealed carry of handguns to citizens above the age of 21 years. A16-hour training course, for the qualified applicants, is mandatory for licensing for handguns. The state police have the authority to reject the application for license upon suspicion that the applicant is a threat to others or their lives. The objection on the grounds of personal or public safety is subject to review by the Concealed Licensing Review Board. The state restricts open carry to specific areas, especially when public safety is threatened. Before sale, the gun dealers must verify the status of the buyer’s FOID card and keep a record of the purchase for a period not less than ten years[4]. The state prohibits the possession of short-barreled shotguns, short-barreled rifles, automatic firearms, and suppressors.

The gun control laws in Illinois are weaker compared to the laws in Californian. Nevertheless, the state is ranked lower than California in deaths from gun violence. With an average annual death rate of 1, 310 people, and a rate of 10.1 deaths per 100, 000 people, Illinois has the 37th highest rate of gun deaths in America. Out of the total number of people who die from gun violence in Illinois, 57 % are homicide, while 40 % are suicide cases. The number of gun suicide deaths in Illinois is lower than the national average, which stands at 61% as of 2019[5]. However, the homicide cases are higher than the national average, which stands at 35 % as of 2019. This means that the gun laws in Illinois have not successfully kept the guns out of the hands of the criminal elements in the state. The ease of access to firearms by these criminals is a threat to the life of innocent and law-abiding residents.

Gun Control Laws in South Carolina

South Carolina practices the shall-issue policy with the South Carolina Law Enforcement Division (SLED) as the only body mandated to issues concealed weapons permits. The state does not require a background check, firearm registration, or permit for individuals buying handguns from other private persons. Nevertheless, it has outlawed the open carry of handguns. The South Carolina Concealed Weapons Permits (CWP) issues concealed carry permits to residents, military personals stationed in the state, and non-resident property owners. Before issuing CWP, the state requires applicants to undergo training by certified institutions. The state only allows applicants above the age of 21 years. Moreover, it limits the carrying of weapons into courthouses, schools, and other sensitive public spaces, even for successful CWP applicants. South Carolina practices Castle Doctrine, which allows gun holders to stand their ground when threatened, or to protect the lives of others. While applying this doctrine, gun holders must not be engaged in unlawful acts[6]. The gun control laws in South Carolina have been effective in reducing the deaths from gun violence. The state is among the lowest gun deaths in the US, much lower than Californian, which has one of the most strict gun ownership, transfer, sale, and use laws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bibliography

EveryTown.  Gun Violence in California. Retrieved from:    https://everytownresearch.org/wp-            content/uploads/2019/11/Every-State-Fact-Sheet-California.pdf (October 2019)

EveryTown.  Gun Violence in Illinois. Retrieved from: https://everytownresearch.org/wp-            content/uploads/2019/11/Every-State-Fact-Sheet-Ilinois.pdf (October 2019)

FindLaw.  Illinois Gun Control Laws. Retrieved from:

https://statelaws.findlaw.com/illinois-law/illinois-gun-control-laws.html (2020)

Giffords Law Center.  California Gun Laws. Retrieved from:

https://lawcenter.giffords.org/gun-laws/state-law/california/ (2020)

Sforza, Teri.  “Gun deaths up in state, but Southern California figures vary widely in past 2        decades,” The Orange County Register. Retrieved from:

https://www.ocregister.com/2019/11/24/gun-deaths-up-in-state-but-southern-         california-figures-vary-widely-in-past-2-decades/ (November 2019)

USCCA.  South Carolina Concealed Carry Reciprocity Map & Gun Laws. Retrieved from:

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/sc-gun-laws/    (2020)

 

[1] Giffords Law Center.  California Gun Laws. Retrieved from:

https://lawcenter.giffords.org/gun-laws/state-law/california/ (2020)

 

[2] EveryTown.  Gun Violence in California. Retrieved from: https://everytownresearch.org/wpcontent/uploads/2019/11/Every-State-Fact-Sheet-California.pdf (October 2019)

 

[3] Sforza, Teri.  “Gun deaths up in the state, but Southern California figures vary widely in the past two decades,” The Orange County Register. Retrieved from: https://www.ocregister.com/2019/11/24/gun-deaths-up-in-state-but-southern-california-figures-vary-widely-in-past-2-decades/ (November 2019)

 

[4] FindLaw.  Illinois Gun Control Laws. Retrieved from: https://statelaws.findlaw.com/illinois-law/illinois-gun-control-laws.html (2020)

 

[5] EveryTown.  Gun Violence in Illinois. Retrieved from: https://everytownresearch.org/wpcontent/uploads/2019/11/Every-State-Fact-Sheet-Ilinois.pdf (October 2019)

 

[6] USCCA.  South Carolina Concealed Carry Reciprocity Map & Gun Laws. Retrieved from: https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/sc-gun-laws/    (2020)

 

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