Gun Control Act of 1968

TyAnn Dixon

University of Arizona Global Campus

POL 201- American National Government

Instructor Simon

March 28, 2021

"Today, we begin to disarm the criminal and the careless and the insane. All of our people who

are deeply concerned in this country about law and order should hail this day."-Lyndon B.

Johnson this is the start of one of the most extended debates in history, gun control. President

Lyndon B. Johnson had great intentions when he created the Gun Control Act of 1968. Johnson

passed the bill in response to the assassination of President John F. Kennedy, Sen. Robert F.

Kennedy, and civil rights leader Martin Luther King Jr. However, since then, gun control has

stirred up plenty of debates and arguments whether or not "taking our guns" goes against our 2nd

Amendment which gives us the right to bear arms, which was created during the revolutionary

war era for citizens or Militia to protect themselves, property, state, and communities. Local,

state, and federal laws have tried to regulate the type of eligible people to purchase or access

firearms. Unfortunately, those who should not have access to firearms ofter are the ones who

have the most firearms. Gun control has caused a stir from the moment it was created and will

probably always be an issue. We all need to come together and realize that there should be more

requirements for purchasing guns or being a gun owner and not getting them at a local Walmart.

The author will discuss the history of gun laws, the media, how they impact what is seen in gun

control, why these gun laws are in place, and why people vote for these laws. These are critical

points in understanding why gun control is so vital in our nation. Until we can understand

everything about gun control and reform and how we can change how we treat gun control,

Americans will always have those unfortunate incidents of mass shootings.

Historical and Constitutional Background

While the Gun Control Act of 1968 was not the first U.S. federal gun regulation, it was

the most comprehensive gun control law of its time. However, before the gun control act, the
1934 National Firearms Act was written to curb the "gangland crimes" that had plagued the

Prohibition Era. The NFA imposed a tax on making and transferring firearms and a tax on those

who wherein the business of importing, manufacturing, and dealing in NFA firearms. This law

also required the registration of all NFA firearms to the Treasury Secretary, which included

barrels less than 18 inches in length. This is just one attempt to federalize firearm control. It was

not until President Kennedy's assassination where our government finally decided to push for

gun control. This meant the stop of all mail-order purchases of handguns, rifles, and shotguns.

Congress passed one of the most high-profile federal gun control efforts in the 1990s called the

Brady Bill. This is due to White House Press Secretary James S. Brady, who had been shot in

the head during an assassination attempt on President Ronald Reagan in 1981. For years, the

federal judiciary felt the second Amendment remained among those few provisions of the Bill of

Rights that did not fall under the due process clause of the 14th Amendment. Which would have

the state government set limitations the 1886 cases of Presser v. Illinois, which stated that the

Second Amendment is only applied to the federal government and did not prohibit state

governments from regulating an individual's ownership or use of guns.

Checks and Balances

What are checks and balances? It is the governing principle under which separate branches

have the ability/ power to prevent other branches' actions and to share power. Checks and

balances are set in place for constitutional governments. When it comes to gun control, the

checks and balance system has limited extensive gun control laws from passing because there

has to be a certain number of votes to the no vetos. The gun control bills are passed from one

branch to another, and if not rejected by the judicial branch for being unconstitutional, they

rarely get the required votes necessary to become laws. For a bill to pass, the three branches
must agree that it does not go against the constitution. The Gun Control Act of 1968 passed

because technically, it abided by the second Amendment by still allowing us to bear arms, but it

is just regulated the ownership and the use of firearms. Checks and balances are essential in the

three branches of government and state and federal as well. States and federal government have

always pushed to create more gun control regulations since the bill was passed in 1968. Even

though federal and states have the ability and authority to pass laws, the federal government can

overpower those states. Because "When a state's interest interferes with a national interest, there

are limits placed on state power." (Fine, 2016, pp.3.1)

Public Policy, Elections, and Media

The Gun Control Act of 1968 began to create limits to maintain the social order while still

accompanying individuals' rights and freedoms for protecting themselves. Gun control has

always fueled media and politics. It is one of the most talked-about policies we have, especially

when acts of violence happen. Such as mass shootings with high assault riffles or military-grade

firearms. Election candidates have often based their campaigns on Crime provisions in order to

make it into office. We often think of public policy as a regulatory policy that sets laws that

prohibit, prevent, or mandate specific actions. In the attempts to reduce gun violence, the policy

debate has changed its attention to focus on regulatory vs. anti-regulatory approaches. The most

common argument for why gun reform will not work comes from the argument that guns are a

fundamental part of the American culture/identity. More than 200 million guns are proof of this

impossible obstacle to regulation. The media hold a substantial amount of power in our society.

We no longer have to get our news from the paper or radio. The entire world is at our fingertips.

People can turn on their TV to any news station or even click on an app on a cell phone to stay

connected to the news or real-world events. However, in this golden age of technology,
information can now be misconstrued to benefit that networks into how people see gun control.

For example, if someone watches Fox network talk about gun control or even mass shootings, it

is an entirely different narrative than CNN when they talk about gun control. Each point of view

often leaves out information to grab their viewers' attention and ultimately gain ratings.

Nevertheless, Everyone has their opinions regarding gun control. As time continues, the

media business proceeds to grow. With platforms like TikTok, Instagram, and Facebook,

making it easier for facts and opinions to get misconstrued, it is vital to know where they are

getting information.

Voting and the Election Process

When it comes to gun control, there are two groups of voters those who are anti-gun

voters. Who usually represent the majority and pro-gun voters, which are the majority of the

electorate. When it comes to re-election, incentives to support pro-gun becomes higher because

voters decide to elect that person. We see that politicians might support gun regulations in their

first term but oppose them in their second term. Why should anti-gun politicians feel the need to

"flip flop" when it comes to gun control? Understandably the face tradeoff between their policy

preferences and re-election motives could play a significant part in why they might flip-flop on

gun control. However, the effects of the voting behavior of incumbent politicians on gun-related

Legislation provide a quasi-experimental setting. Gun control, mass shootings, and gun reform

all play a part in a fair election. Like with media, politicians can work and manipulate crowds to

get the reaction or votes they need to win. Once the candidate wins, this is most likely when

those politicians start to flip-flop on their initial campaign.

Conclusion
 In conclusion, the Gun Control Act of 1968 is one of the most necessary laws we have.

Could it be tweaked and altered so there would not be as many loopholes for those purchasing

guns who do not deserve them? Of course, but for now, it is the best we can do. Our Gun reform

still has a long way to go but having the Gun Control Act in place is a good start. We must use

our voices to get better gun reform across America, such as extensive background checks,

mental health checks, family history, mandatory gun, and safety training. President Johnson had

the right idea when he said Today we begin to disarm the criminal and the careless and the

insane. All of our people who are deeply concerned in this country about law and order should

hail this day." Now we must continue the fight to get those assault rifles and illegal firearms off

the streets. We as a nation have to tighten up our gun control policies, or these mass shootings

and casualties will continue to grow.

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