Gun Control

by Edward Grabianowski
October 2004

The Issue


Photo courtesy MorgueFile
On one level, the gun control issue is fairly simple -- no one wants criminals to have guns, and no one wants innocent people to be killed with guns. When it comes to determining how exactly we control guns, politicians (and American citizens) can differ sharply.

At one end of the spectrum is the libertarian view, which opposes virtually any form of gun control. Gun rights advocates, including the National Rifle Association (NRA), also oppose most gun controls, citing the second amendment to the U.S. Constitution as a guarantee that all Americans have the right to own and wield firearms: "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."

For the 2004 election, Republicans seem to have taken a more moderate stance on the issue, vowing to take guns out of the hands of criminals but protect the Second Amendment rights of law-abiding American citizens. Democrats generally favor stricter controls. Focusing the issue is the pending renewal of the 1994 ban on assault weapons. The controversial ban will expire in the fall of 2004, just months before the election.

Another element of gun control is the business issue. Some states and municipalities have sued gun manufacturers, holding them liable for deaths and injuries caused by their products. Republicans have pushed for a law that would shield gun manufacturers from such lawsuits.

Badnarik: Position and Record
This is an issue Badnarik feels very strongly about, and he is wholeheartedly in favor of citizens owning guns. The gun-control position paper on his campaign Web site is titled, "Gun Control Means Being Able To Hit Your Target." It starts out with this exclamation: "Don't even THINK about taking my guns!"

Badnarik feels that widespread gun ownership cuts down on crime, and that the right to own guns is absolutely guaranteed, without exceptions, limitations or qualifications, by the Second Amendment. As president, he would repeal all gun-control laws, including any that require gun registration.

Record:
Since Badnarik has never held a public office, he has no voting record on this issue.

Bush: Position and Record
Bush has said that, although he will not push for gun control laws, he would sign a renewal of the assault weapons ban if it made it through Congress. This is indicative of Bush's move toward more moderate policies on gun control since he was governor of Texas: In 1999, he opposed child safety locks and approved the carrying of concealed weapons in Texas, and he also signed a "gun manufacturer lawsuit preemption" law. Bush spoke out against waiting periods for handgun purchases, as well.

One of Bush's primary messages on gun control is that we already have gun control laws -- we just need to enforce them strictly. At a 1999 GOP debate, Bush said, "We need to send a signal to people, don't be illegally selling guns and don't be illegally using guns. The best accountability for somebody who breaks the law with a gun is called jail, certain jail."

Since taking office as president, Bush has favored a ban on automatic weapons and high-capacity ammunition clips, and has changed his mind when it comes to safety locks. In fact, in 2000, he pledged to offer federal matching funds to help states pay for the locks. However, he has carefully maintained his support for gun ownership rights when it comes to hunting and home defense. He continues to oppose gun registration and waiting periods, and would sign federal legislation shielding gun manufacturers from lawsuits.

Record:
As governor of Texas:

  • Bush signed legislation prohibiting the carrying of a weapon within 300 yards of a school, and making it a crime to allow children access to firearms.
  • He did not support a Texas law that would have extended background checks to gun shows.
  • He signed a law shielding gun manufacturers from lawsuits.
  • He signed a law requiring detention of any juvenile carrying a firearm illegally, or using one to commit a crime.

As president:

  • Bush enacted Project Sentry, which enforced juvenile gun laws and imposed a lifetime ban of gun ownership for juvenile offenders.
  • He pledged $325 million in federal matching funds so states could provide free safety locks to gun owners.

Kerry: Position and Record
On his campaign Web site, Kerry is described as "a gun owner and hunter." While supporting Americans' right to own weapons, he emphasizes the responsibilities that come with that right. Kerry supports strict enforcement of existing gun laws, and wants to close loopholes that allow criminals to buy guns at gun shows without undergoing background checks.

While some Democrats have tried to court the NRA and get their endorsement, Kerry has rejected any association with the gun rights organization. He supports renewal of the 1994 assault weapons ban and the Brady Bill, which requires background checks for gun purchases.

Record:

  • 2004 - Voted no on a law shielding gun manufacturers from lawsuits
  • 2000 - Voted yes on an amendment that would bar gun manufacturers from being released from their debts during bankruptcy due to lawsuits
  • 1999 - Voted yes to require background checks at gun shows
  • 1999 - Voted no for stricter penalties for drug and gun violations
  • 1998 - Voted no to maintain a law that allowed guns to be sold without trigger locks
  • 1996 - Voted no on a motion to table an amendment that would make it a crime to bring a gun within 1,000 feet of a school (in other words, he supported the amendment)
  • 1993 - Voted yes on the Brady Bill
  • 1993 - Voted no to kill an amendment that would ban the manufacture, importation, and sale of semiautomatic assault weapons (in other words, he supported the ban)
  • 1991 - Voted yes on a five-day waiting period for the purchase of handguns

Nader: Position and Record
Gun control has not been a major part of Nader's political agenda. He is generally in favor of gun control, but sees the need for a balance between control and gun rights. Nader favors the Brady Bill, trigger locks, strict enforcement of existing gun laws, and the banning of certain weapons.

Record:
Since he has never held a political office, Nader does not have a voting record on the issue of gun control.

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