Giffords Law Center Gun Law Trendwatch: March 24, 2021

A Roundup and Analysis of the Latest State Firearm Legislation

• Allison Anderman
• March 24, 2021

Every other week during the state legislative cycle, Gun Law Trendwatch breaks down trends in the gun violence prevention universe. We take an in-depth look at a topic of particular interest to legislators and advocates—this week it’s the rapid spread of permitless carry in states around the country—and provide updates on significant gun safety and gun lobby bills as they move through state legislatures.

State of the States

Regulating Ghost Guns

Yet again, America is reeling from two high-profile, senseless acts of preventable gun violence in the span of one week. The Boulder, Colorado, shooter used an assault weapon that allowed him to slaughter 10 individuals in a matter of minutes. It’s long past time for Congress to renew the federal Assault Weapons Ban, an effective piece of legislation that reduced fatalities from mass shootings by 70%. Seven states and DC prohibit these unreasonably dangerous weapons.

But even with a federal ban and bans at the state level, the gun industry has found a way around such legislation by selling parts that individuals can use to easily assemble assault weapons and other firearms in their homes. So-called “ghost guns” might be the most under-the-radar and fastest growing aspect of our nation’s gun violence crisis. 

Ghost guns are undetectable, untraceable firearms often made from kits or 3D-printers. Since these kits and parts can be purchased online without a background check or any other legal oversight, ghost guns allow people to avoid laws intended to keep guns out of the wrong hands. 

Report

Ghost Guns: How Untraceable Firearms Threaten Public Safety

May 21, 2020

According to a recent report by the Pennsylvania attorney general, the number of ghost guns recovered in Philadelphia was up 152% from 2019 to 2020. Several cities in California are also reporting astronomical increases in ghost guns being used in crimes. In fact, the ATF says that one in three crime guns now recovered in California are ghost guns. It’s unsurprising that a state with very strong and effective gun laws is seeing an explosion of these weapons because they allow people to build firearms they cannot legally purchase in the state, such as assault weapons, while evading background checks they cannot pass. 

In addition to being used in homicides, robberies, school shootings and domestic violence, ghost guns are also allowing white supremacist militias to easily and quietly amass arsenals. One group hoping to start a race war and murder law enforcement officers built a fully functional machine gun from parts ordered online. And in 2017, the man responsible for widely distributing the code to make 3D-printed guns launched a crowdfunding platform for white supremacists. With hate-fueled violence on the rise in the United States, ghost guns create grave dangers for public safety in general and for religious, ethnic, and racial minorities in particular.

Fortunately, many states have recognized the growing threat posed by ghost guns and taken steps to regulate their manufacture, sale, and possession. Eight states and DC already regulate or prohibit ghost guns. Another ten states—Delaware (HB 125), Florida (SB 372), Hawaii (HB 1366), Iowa (HB 253), Maryland (HB 638, HB 1291, and SB 624), Nevada (SB 286), New Mexico (HB 166), Oregon (SB 396), Pennsylvania (HB 271, HB 413, HB 414 and HB 415), and Texas (HB 208 and HB 1771)—are looking to tackle ghost gun legislation in 2021. 

States are also deploying other innovative tactics to fight the scourge of ghost guns. The Pennsylvania attorney general conducted two investigations of gun shows hosted by Eagle Arms Productions—the largest gun show promoter in the state—and uncovered a ghost gun trafficking enterprise. In response, Eagle Arms has agreed to prohibit ghost gun kits at their shows. The New York attorney general has also successfully persuaded companies to stop selling some types of ghost gun kits into the state. 

Twitter, YouTube, and Reddit have banned the sharing of blueprints to make 3D-printed guns, as has Facebook, which also prohibits the selling of firearms parts in Facebook Marketplace. Both Facebook and Twitter prohibit ads selling firearm components.

Ghost guns present a new frontier in the fight against gun violence. Advocates and lawmakers must continue to respond swiftly with meaningful legislation to address this latest assault on the safety of all Americans.

SPOTLIGHT

GUN LAW SCORECARD

The data is clear: states with stronger gun laws have less gun violence. See how your state compares in our annual ranking.

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Gun Safety Spotlight

Americans Want Racial Justice. Community Violence Intervention Programming is a Key Element.

Illinois and Maryland are two states with strong guns laws and relatively low gun death rates. Yet both contain major cities—Chicago and Baltimore—which experience high rates of gun violence that disproportionately impacts underserved communities of color. Approximately 70 American cities account for 41% of all murders in the US. The causes of these higher rates of interpersonal violence are varied, and include police violence and systemic racism. The solutions, however, couldn’t be more clear. 

In 2021, states are continuing the momentum to create and fund these critical, lifesaving programs. In March, the Maryland legislature overrode the governor’s veto to enact 2020 HB 822/SB 708, which appropriates $3.6 million—an 89% increase from 2020—to community violence intervention programs in Baltimore, and an additional $3 million to violence prevention projects in the state. Another 14 states with cities hard-hit by community violence—including California, Illinois, Minnesota, Missouri, New Jersey, New Mexico and Washington—have bills pending that would create, expand, or fund these programs. 

In 2020, Americans protested for racial justice in unprecedented numbers. In 2021, legislators have the opportunity to take meaningful action by investing in these lifesaving programs.

Gun Lobby Extremism

With Violent Armed Extremism on the Rise, Missouri Senator Wants to Create Secret Militia of Gun Owners

The rise of far right extremism and its intersection with armed militias has been a cause for concern for many. Not so for Missouri State Senator Bill White (R-32), who introduced SB 528, which would create a state militia of armed residents known as the Minutemen. Any Missouri resident who is legally able to possess a firearm would be eligible to participate in the state militia. 

Analysis

The NRA Is Complicit in the Attack on the Capitol

Jan 14, 2021

Despite a state militia being entirely unnecessary (the National Guard is deployed to assist states during emergencies), Senator White’s militia would likely attract hate-fueled extremists thanks, in part, to the gun lobby’s insurrectionist and anti-government messaging.

Members of another paramilitary group that went by the name of the Minutemen ambushed a Latinx family in their Arizona home in 2009, murdering a nine-year-old girl and her father and injuring her mother, on the false claim that the father was involved in the drug trade. As Senator White’s bill would hide the identities of Minutemen and immunize them for any criminal activity performed as a militia-member, it appears he is aware of the risk of such violence.

During a time when the FBI has declared domestic terrorism to be the biggest national security threat facing the United States, we call upon the Missouri legislature to reject this radical, dangerous, and unwarranted bill. 

MEDIA REQUESTS

Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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Bills in Motion

In the first few months of 2021, courageous state legislators have introduced bills to strengthen background check requirements, fund proven community violence intervention programs, improve domestic violence prohibitions, and enact or strengthen extreme risk protection order laws in 33 states and the District of Columbia. Meanwhile, the gun lobby continues to push its dangerous guns in schools and permitless carry bills in dozens of states. We’re committed to helping state legislatures enact laws that will make our communities safer and push back against gun lobby legislation that will bring more guns to more places.

HERE TO HELP

Interested in partnering with us to draft, enact, or implement lifesaving gun safety legislation in your community? Our attorneys provide free assistance to lawmakers, public officials, and advocates working toward solutions to the gun violence crisis.

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The Issue

Understand our gun violence crisis—and what we can do about it.

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Browse State Gun Laws

States with stronger gun laws have fewer gun deaths. Find gun safety laws in all 50 states, and see how your state stacks up.

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Reports

Our in-depth reports and publications dive deep into various aspects of our country’s gun violence crisis.

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