The major tests US gun control activists face in 2024
The grim statistics around mass shootings underscore a haunting reality for the US: despite recent legislative efforts at the state and federal levels, gun violence remains alarmingly common across the country.
But gun safety groups say they remain undaunted in 2024, when they plan to push for more change through state legislatures and executive actions. And as voters turn their attention to a crucial election year, gun safety groups are also prepared to press candidates on their plans to curb gun violence.
The simple statistics demonstrate what a weighty task it is. In December, a gunman carried out a shooting spree across two communities in central Texas, killing six people. The attack was the 39th mass shooting in the US last year, marking a new single-year record for the country. The previous record of 36 mass shootings had been set just one year prior.
Gun reform groups will still face steep hurdles as they attempt to reduce the carnage.
Republicans, who now control the House of Representatives, have shown little appetite for passing another federal gun safety bill, following the enactment of the Bipartisan Safer Communities Act in 2022. The supreme court’s conservative majority has similarly embraced a rather expansive definition of second amendment rights, jeopardizing gun safety laws passed at the state and federal level.
For gun safety groups, the first significant test of 2024 will come in June, when the supreme court is expected to decide its next major second amendment case.
United States v Rahimi
The case centers on Zackey Rahimi, who was placed under a domestic violence restraining order after allegedly assaulting his then girlfriend and firing a gun in front of bystanders in 2019. Per federal law, those under such restraining orders are prohibited from purchasing or possessing firearms, but Rahimi is now challenging that statute based on another supreme court decision.
In 2022, the supreme court overturned New York’s century-old regulation requiring that anyone seeking to carry a handgun in public must show “proper cause” to do so. The case, New York State Rifle & Pistol Association v Bruen, established a new test to determine the constitutionality of gun regulations. The conservative justices ruled that any gun regulation must be “consistent with the nation’s historical tradition of firearm regulation”.
The ruling has sparked a flurry of challenges to firearm regulations and forced gun safety advocates to search the historical record for analogous laws from the nation’s founding to defend their proposals. In the case of Rahimi, the conservative-leaning US court of appeals for the fifth circuit agreed with his argument that the law blocking those under domestic violence restraining orders from accessing firearms is inconsistent with historical gun laws and is thus unconstitutional.
That ruling has now been appealed to the supreme court, which held oral arguments in the case in November. The justices’ decision could have farreaching implications for the future of gun rights as well as the safety of survivors of domestic violence. According to a 2023 study, more than half of domestic violence homicides involve firearms.
“The stakes are incredibly high in Rahimi because it would be the first time the supreme court strikes down a federal law on gun safety in decades. And of course, it’s a particularly important federal law,” said Nick Suplina, senior vice-president of law and policy for the gun safety group Everytown.
The Rahimi ruling may also help clarify lower courts’ apparent confusion over applying the Bruen test. Thus far, courts have reached conflicting decisions over how to interpret the “historical tradition” of gun laws, said Jacob Charles, a professor at Pepperdine Caruso School of Law and a constitutional scholar focusing on the second amendment.
“I certainly think that confusion is only growing,” Charles said. “We see circuit courts even disagree with one another and are kind of all over the place, the same way that the district courts have been. So I don’t think we’re having any more guidance until the [supreme] court weighs in more.”
During the oral arguments, some of the court’s conservative justices appeared skeptical of the fifth circuit’s decision, seemingly hesitant to stretch gun rights to the point of protecting alleged domestic abusers. Even if the supreme court rules against Rahimi, the decision will probably not mark a sea change in conservative justices’ overall approach to the second amendment. Charles, who filed an amicus brief in the Rahimi case, suggested the justices may issue a narrow ruling that upholds the law regarding domestic violence protection orders but leaves the Bruen test intact.
“That will still leave lots of other cases, like assault weapons bans, outside the scope of this new kind of revisionary guidance,” Charles said.
That dynamic could complicate gun safety groups’ efforts to strengthen the nation’s gun laws, including their campaign to re-enact a federal assault weapons ban.
‘A political issue that doesn’t need to be’
The country’s worst mass shooting of 2023 unfolded in October in Lewiston, Maine, where a gunman killed
18 people at a bowling alley and a bar. The devastating attack prompted a change of heart for congressman Jared Golden, the conservative Democrat who represents Lewiston in the House of Representatives. Reversing his previous position, Golden announced he would now support reinstating the federal assault weapons ban, which expired in 2004.
“I have opposed efforts to ban deadly weapons of war,” Golden said. “The time has now come for me to take responsibility for this failure, which is why I now call on the United States Congress to ban assault rifles.”
Gun safety groups praised Golden’s announcement, while noting that his new position brings him closer in line with voters’ stance on an assault weapons ban. According to a Fox News poll conducted in April, 61% of voters support banning assault weapons. Other proposed gun regulations, such as enacting universal background checks and mandating safe storage of firearms, enjoy even more widespread support among voters.
“We’re hopeful that [Golden’s announcement] will spur others to be able to take some of that political courage and step out there,” said Vanessa Gonzalez, vice-president of government and political affairs for the gun safety group Giffords. “It’s a political issue that doesn’t need to be. We just need more folks to have the courage to say that and to step out on those issues.”
The 2024 elections will provide gun safety groups with many opportunities to push sitting lawmakers and firsttime candidates on enacting more firearm regulations.
“We are continuing to look for younger elected officials or candidates who are not afraid to say gun violence in America has to stop and then actually see it through,” Gonzalez said. “And then on the flip side, what does it look like once [they are] elected to really hold them accountable for what they said they were going to do?”
Suplina predicted that gun safety will play a prominent role in campaign ads and messaging in 2024, partly because the issue might help Democrats sway the independent voters who will be crucial in determining the outcomes of close races. An AP/Norc poll conducted over the summer found that 61% of independents believe gun laws should be made more strict.
“If you want to win the middle of the American electorate, you have to be strong on gun safety,” Suplina said. “And being strong on gun safety means recognizing that assault weapons should not be in the hands of your average citizens.”
So far, efforts to reinstate an assault weapons ban have met consistent resistance from Republicans in Congress. The Senate majority leader, Democrat Chuck Schumer, most recently reintroduced the assault weapons ban bill in December, but Republicans blocked the legislation from advancing. Even if Senate Democrats could get the bill passed, it would almost certainly fail in the Republican-controlled House.
Despite the obstacles presented by a divided Congress, gun safety groups have found recent success at the state level, and they hope to build upon those wins in 2024. According to Everytown, state legislatures passed a record-breaking 130 gun safety bills in 2023 while blocking 95% of the gun lobby’s agenda.
Gun safety groups are also exploring options beyond Congress as it pushes for change at the federal level. The Bureau of Alcohol, Tobacco, Firearms and Explosives has proposed a new rule aimed at closing the so-called “gun show loophole”, which allows some private gun sellers to perform transactions without completing background checks on prospective buyers. Hundreds of thousands of gun safety proponents have already submitted comments in support of the proposed rule, according to Everytown.
That campaign reflects gun safety groups’ overall goal to put more pressure on sellers and manufacturers of firearms in the year ahead. Such efforts may face resistance from conservative courts, but gun safety advocates fervently believe that the political momentum is on their side heading into 2024.
“The state of the gun violence prevention movement in our country is strong and stronger than it’s ever been,” Suplina said. “Courts or no courts, Congress or no Congress, we’re going to really do a lot to animate the public to understand who it is that’s flooding the streets with guns and making money off of it while the rest of us suffer.”
It would be the first time the supreme court strikes down a federal law on gun safety in decades
Nick Suplina, Everytown