County News logo
National Association of Counties * Washington, D.C.            Vol. 31, No. 9 * May 10, 1999

Previous story | Table of Contents | Next story

Clinton unveils gun control package

By Donald Murray
associate legislative director


Former county commissioner, Rep. Eva M. Clayton (D-N.C.)(left) and former county supervisor, Rep. Zoe Lofgren (D-Calif.) discuss with the President the Administration's gun safety proposals, following a news conference at the White House.

As the nation continued to debate the causes of the recent Littleton tragedy, President Clinton unveiled a package on gun control measures with bipartisan support.

The president challenged sportsmen and hunters to take a leadership role on this issue and to accept certain restrictions and inconveniences as part of a prudent step to save lives and to curb juveniles’ easy access to firearms. The proposed legislation calls for:

  • require people who sell explosives to conduct background checks on buyers
  • raising the minimum age for possessing a handgun from age 18 to age 21
  • requiring background checks on people who want to buy firearms at gun shows
  • banning the importation of large capacity ammunition clips
  • restricting the purchase of handguns to one a month per person
  • restoring a waiting period before any handgun is purchased, and
  • imposing felony penalties on adults who knowingly or recklessly allow children to have access to a gun that is used in the commission of a crime.

Existing NACo policy supports a number of these initiatives, including a requirement for background checks that would cover persons who buy firearms at gun shows and restoring a waiting period before any handgun is purchased. Last year, more than 4,000 gun shows were held with somewhere between 25 to 50 percent of the weapons sold coming from unlicensed dealers.

In 1994, NACo was part of a national coalition effort that successfully supported legislation banning assault rifles and large capacity ammunition clips. The association also has strong policy calling for locking devices on all handguns. The 1994 law banned the future importation and manufacture of high-capacity clips with more than 10 rounds, but it allowed the importation of high-capacity clips that were manufactured before the law was signed in 1994. The president’s proposal would stop the further importation of these "grandfathered" magazines.

Under current law, juveniles under 21 are prohibited from purchasing a handgun from a federally licensed dealer. However, 18 to 20 year olds can "possess" a handgun or purchase one from "private collectors." The legislation seeks to close this loophole.

Last November, the five-day waiting period under Brady expired. The Administration now proposes to reinstate a minimum three-day waiting period for the purchase of a handgun and to allow law enforcement agencies to take up to an additional two days, if necessary, to check additional records such as outstanding warrants on domestic violence or records of involuntary commitments to mental hospitals.

Without a mandatory waiting period, local sheriff departments do not have a cooling-off period to protect the public from crimes of passion or impulse suicides.

Another key feature of the package is a provision that would prevent violent children from ever legally purchasing a handgun.

Handguns are not regulated for safety by any federal agency, including the Consumer Product Safety Commission. The end result is that many guns lack the most basic kind of safety device such as load indicators which could warn the user that the gun is still loaded.

In Virginia, Maryland and South Carolina, state law limits the purchase of handguns to one gun a month. The Administration has proposed a nationwide limitation to focus on "straw purchasers" who make multiple purchases in one state and then sell these weapons in another state or county.

Most Counties Have Little Role in Regulating Guns

In the aftermath of the murderous rampage at a high school in Colorado on April 20, people looking for answers have cast a wary eye to cliques, video games, parents, the juvenile justice system and gun control laws.

The contentious debate about gun control, for the most part, is not carried on in counties. About 80 percent of states have laws that specifically prohibit local laws about the possession and sale of guns, according to Joseph Sudbay, director of state legislation at Handgun Control Inc.

Of the states that do allow local gun laws–Colorado, California, Illinois, Ohio, Kansas, Maryland, Massachusetts, New York, Connecticut, Hawaii and Nebraska–local authority varies widely, Sudbay said.

"Local laws vary from requiring child locks to local waiting periods and background checks," Sudbay said. "Another area local governments would like to control is where people can carry concealed weapons."

In November, Florida voters passed a constitutional amendment that gives local governments more authority to regulate the sale of guns at gun shows. Counties can require background checks and a three- to five-day waiting period for people buying guns at gun shows, flea markets or exhibits. So far, Miami-Dade, Broward, Palm Beach, Orange, Hillsborogh and Pinellas counties have passed local ordinances, Sudbay said.

Previous story | Table of Contents | Next story