Justice & Rights

Gun Rights and Restrictions

Gun policy in the United States involves balancing Second Amendment rights with public safety concerns. The debate encompasses federal and state regulations, licensing requirements, and restrictions on specific firearm types and accessories.

Updated Recently
8 min read

Policy Options Spectrum

Below are the major policy positions on this issue, arranged from one end of the spectrum to the other.

Most Restrictive

Advocates argue that the unique lethality of firearms justifies treating them differently from other dangerous items, and that the Second Amendment is outdated. This position is rare in mainstream U.S. politics but exists in academic and activist circles.

Example: No major nation has achieved complete civilian disarmament; closest examples include strict bans in some authoritarian states.

Highly Restrictive

Modeled after Australian post-1996 reforms. Would significantly reduce the number and types of firearms in civilian hands through legal restrictions and incentivized/mandatory buyback programs.

Example: Australia banned semi-automatic weapons and implemented mandatory buyback after 1996 Port Arthur massacre.

Reform-Oriented

Seeks to close loopholes in current law while maintaining lawful ownership. Focuses on preventing high-risk individuals from accessing firearms rather than restricting law-abiding owners.

Example: Several states including California, New York, and Illinois have implemented many of these policies.

Status Quo

Preserves the existing balance established by federal law (Gun Control Act, Brady Act, NFA) while allowing states to implement additional restrictions or freedoms. Recent changes include elimination of NFA tax stamps for suppressors and SBRs.

Example: Current federal law with state variation (28 permitless carry states vs 10 assault weapons ban states).

Rights-Expansive

Argues that law-abiding citizens should face fewer barriers to firearm ownership and carry. Emphasizes that criminals ignore laws, so restrictions primarily burden legal gun owners.

Example: Constitutional Concealed Carry Reciprocity Act (H.R.38) pending in 119th Congress.

Minimal Regulation

Views most federal gun regulations as unconstitutional infringements. Argues that an armed populace is essential for individual and collective security against both crime and tyranny.

Example: No modern developed nation operates with this minimal regulation level.

Most Permissive

Argues that 'shall not be infringed' means exactly that - any regulation is unconstitutional. May include private ownership of military-grade weapons.

Example: Historical U.S. before 1934 NFA, though even then some state/local regulations existed.

Current U.S. Status Quo

The U.S. has a patchwork of federal and state gun laws. Federal law requires licensed dealers to conduct background checks, prohibits certain categories of individuals from possessing firearms (felons, domestic abusers, those adjudicated mentally ill), and regulates certain weapon types under the National Firearms Act. As of 2026, the $200 tax stamp for suppressors, SBRs, and SBSs has been eliminated, though registration and background checks remain. The Supreme Court's Bruen decision (2022) established that gun regulations must be consistent with the nation's historical tradition. States vary significantly: some have permitless carry while others require extensive licensing and have assault weapons bans. Key Statistics: • Approximately 400 million civilian-owned firearms in the U.S. • Gun ownership rate: ~32% of adults report personally owning a gun • Annual gun deaths: ~45,000 (including ~24,000 suicides, ~19,000 homicides) • 28 states have permitless/constitutional carry laws as of 2026 • 10 states plus D.C. have assault weapons bans • Federal background check system (NICS) processed ~31 million checks in 2024 • Supreme Court upheld ghost gun regulations requiring serial numbers (March 2025) • California's open carry ban ruled unconstitutional (January 2026)

International Examples

How other nations approach this issue:

Japan

Near-total civilian firearms prohibition. Only shotguns and rifles permitted after extensive licensing including all-day class, written exam, 95% accuracy shooting test, mental health evaluation, and background check. Licenses must be renewed every 3 years. Handguns illegal for private citizens. Policies: Firearm and Sword Possession Control Law prohibits most civilian ownership Statistics: Gun death rate: 0.02 per 100,000 (among lowest in world). ~50 gun homicides annually. Estimated 0.3 guns per 100 people. Outcomes: Extremely low gun violence but questions about cultural factors vs. law effects.

United Kingdom

Strict licensing requiring 'good reason' (typically hunting or sport). Handguns banned for private citizens after 1996 Dunblane massacre. Semi-automatic centerfire rifles also banned. Policies: Firearms Act 1968 and amendments; handgun ban 1997 Statistics: Gun death rate: ~0.2 per 100,000. ~4.6 guns per 100 people. Outcomes: Very low gun homicide rate. Some increase in knife crime. Low gun homicide rate predated strict gun control.

Australia

Comprehensive reforms after 1996 Port Arthur massacre. Banned semi-automatic rifles and shotguns, implemented mandatory buyback (~650,000 firearms). Self-defense not valid reason for purchase. National firearms agreement standardized state laws. Policies: National Firearms Agreement 1996; mandatory buyback; licensing required Statistics: Gun death rate: ~1.0 per 100,000. ~14.5 guns per 100 people. No mass shootings since 1996. Outcomes: Significant reduction in gun suicides and homicides after reforms. Gun ownership declined then partially recovered. Debate continues on whether decline was due to laws or pre-existing trends.

Switzerland

High ownership due to militia tradition - all males 20-42 keep service weapons at home. Liberal for Europe: no 'good reason' needed for rifles/shotguns, only declaration of purpose. Permits required for handguns and semi-automatics (shall-issue). Limited concealed carry. Policies: Weapons Act regulates acquisition; military rifles at home; permits for handguns Statistics: Gun death rate: ~2.6 per 100,000. ~27.6 guns per 100 people (among highest in Europe). Homicide rate: 0.14 per 100,000. Outcomes: High ownership with low violence. Strong gun culture with emphasis on training and responsibility. No school shootings.

Canada

Licensing system with background checks, safety courses, and references required. Restricted and prohibited weapon categories. Recent handgun freeze (2022) prohibits buying, selling, or transferring handguns. Policies: Firearms Act 1995; 2022 handgun freeze; assault-style weapons ban 2020 Statistics: Gun death rate: ~2.1 per 100,000. ~34.7 guns per 100 people. Outcomes: Moderate gun violence compared to U.S. Recent tightening under Trudeau government. Ongoing debate about effectiveness of restrictions.

Czech Republic

Constitutional right to bear arms enshrined in Charter. Shall-issue permits for competent adults. One of most permissive regimes in Europe. Concealed carry widely available. Policies: Constitutional amendment 2021 protects right to arms; shall-issue licensing Statistics: Gun death rate: ~1.8 per 100,000. ~12.5 guns per 100 people. Outcomes: Low gun violence despite relatively liberal laws. Strong gun culture and mandatory training.

Brazil

Historically restrictive but liberalized under Bolsonaro (2019-2022). Recent Lula government reimposing restrictions. Significant illegal gun market. High violence despite regulations. Policies: 2003 Disarmament Statute; 2019-2022 liberalization; 2023+ restrictions returning Statistics: Gun death rate: ~22.0 per 100,000 (among highest globally). ~8.3 guns per 100 people (legal). Outcomes: High gun violence despite varying regulatory approaches. Illustrates limits of gun control with weak enforcement and large illegal market.

Recent Major Developments

JANUARY 2026 UPDATE: • NFA Tax Stamp Elimination (Jan 1, 2026): The "Big Beautiful Bill" eliminated the $200 federal tax stamp for suppressors, SBRs, SBSs, and AOWs. NFA registration, background checks, and ATF approval still required. • Machine guns and destructive devices remain fully regulated with tax stamps. • ATF Stabilizing Brace Rule Overturned: 2023 rule reclassifying pistols with braces as SBRs has been overturned. • Virginia 2026 Session: Multiple gun control bills introduced including 5-day waiting periods (HB 700), expanded red flag laws (HB 901), mandatory storage requirements (HB 871), and 11% excise tax on firearms/ammunition (HB 919). • Texas HB2241: Bill introduced to restrict manufacture/sale of "assault weapons," .50 caliber rifles, and unserialized firearms. • Federal Reciprocity: H.R.38 "Constitutional Concealed Carry Reciprocity Act of 2025" introduced in 119th Congress. • SCOTUS (March 2025): Upheld Biden-era ATF rule requiring serial numbers and background checks for 80% receivers ("ghost guns").

Sources & References

https://www.libertysafe.com/blogs/the-vault/new-gun-laws-and-proposed-changes-for-2025-2026 https://www.reuters.com/legal/government/california-ban-openly-carrying-guns-is-unconstitutional-court-rules-2026-01-02/ https://www.congress.gov/bill/119th-congress/house-bill/38/text https://www.idahopress.com/emmett/blog/what-gun-owners-need-to-know-about-the-2026-nfa-changes/ https://www.acemavenlegal.com/post/firearms-planning-in-2026-navigating-the-big-beautiful-bill https://www.alexkincaid.com/what-gun-owners-need-to-know-about-the-2026-nfa-changes/ https://www.wktv.com/news/public_safety/gov-hochul-proposes-new-york-gun-law-reforms-for-2026/ https://www.rand.org/news/press/2021/11/30/index1.html https://www.rand.org/research/gun-policy/survey.html https://www.rand.org/research/gun-policy/key-findings/in-search-of-common-ground.html https://en.wikipedia.org/wiki/Overview_of_gun_laws_by_nation https://law.stanford.edu/2017/06/20/how-us-gun-control-compares-to-the-rest-of-the-world-2/ https://worldpopulationreview.com/country-rankings/gun-deaths-by-country https://www.gunfacts.info/gun-policy-info/guns-in-other-countries/ https://en.wikipedia.org/wiki/Estimated_number_of_civilian_guns_per_capita_by_country https://www.mofa.go.jp/policy/un/disarmament/weapon/report0306.html https://www.pewresearch.org/short-reads/gun-ownership-in-america/ https://www.cdc.gov/nchs/fastats/injury.htm https://everytownresearch.org/ https://www.nraila.org/

Stay Informed

Get weekly policy updates and new issue alerts delivered to your inbox.

Related Issues

Abortion Rights and Restrictions

Abortion policy in the United States has undergone dramatic changes since the Supreme Court's Dobbs v. Jackson decision (2022) overturned Roe v. Wade, returning abortion regulation to the states. The current landscape varies dramatically by state, from near-total bans to constitutional protections for abortion access.

Updated 1/25/2026
Read more

States Rights and Federalism

The balance of power between the federal government and individual states is one of America's oldest and most enduring constitutional debates. The Tenth Amendment reserves to the states all powers not delegated to the federal government, yet the precise boundary has been contested since the founding. Today, this tension manifests in conflicts over immigration enforcement, sanctuary policies, federal funding conditions, gun regulations, abortion access, marijuana legalization, and environmental standards. The January 2026 standoff in Minnesota—where the state challenged ICE operations, the Governor placed the National Guard on standby, and the federal government threatened to withhold billions in Medicaid funds—represents the most acute federal-state conflict in decades, raising questions about the limits of federal authority and states' ability to resist federal policy.

Updated 1/25/2026
Read more