Should the D.C. Handgun Ban Have Been Overturned?

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While the Heller decision leaves many questions unanswered, one thing is clear: gun regulation is alive and well in the United States.  Elected officials and community leaders can feel confident that most common sense gun laws will be upheld.  A strong legislative record -- including facts regarding the problem sought to be addressed and the reasons why the proposed law is an appropriate response – is critical to maximizing the likelihood that a gun law will be affirmed by the courts.

Given our nation’s tragic epidemic of gun violence, elected officials should have no difficulty describing the problem.  The undisputed facts show, for example:

*    More than 30,000 Americans die from firearm-related injuries each year – an average of 80 deaths each day – and nearly 70,000 others are treated for gun wounds in hospital emergency rooms.

*    Children and young people up to 24 years of age constitute over 40% of all firearm deaths and non-fatal injuries each year. 

*    On average, 46 gun suicides were committed each day for the years 1999-2005.  During that time period, over 5,300 people in the United States died from unintentional shootings.

*    The U.S. has the highest rate of firearm deaths among 25 high-income nations.

*    Guns are used to commit nearly 400,000 crimes every year and nearly 70% of all murders in the U.S. are committed with a firearm.

*    Medical costs related to gun violence are estimated at $2.3 billion annually, half of which are borne by American taxpayers.  Once all the direct and indirect medical, legal and societal costs are factored together, the annual cost of gun violence in our nation amounts to $100 billion. 

Fortunately, a variety of common sense regulatory options exist to address this national crisis.  For example, many jurisdictions across the country already have adopted laws to require background checks on all gun purchasers, to ensure that guns aren’t sold to criminals and other prohibited purchasers; to prohibit the sale of military-style weapons (such as assault weapons and 50 caliber rifles); to require gun owners to obtain a license and register their firearms; to regulate guns as a consumer product; and to regulate firearms dealers through licensing and other requirements.

These types of laws and many others should be upheld as consistent with the Supreme Court’s holding in the Heller case.