Toward a State-Led Gun Policy

As we are unlikely to see much movement on gun safety at the federal level in the coming four years, states will take the lead on policy. Which states can we expect to take action, and on what issues?

Colorado is a good place to start. Earlier this month, Gov. Jared Polis signed into law legislation that makes it illegal to buy, sell, or make most semi-automatic firearms without background checks and training. Further, back in January, Attorney General Phil Weiser announced that he was allying with more than a dozen states to protect gun regulation in anticipation of attacks from the Executive Branch. These included Arizona, Connecticut, Delaware, Hawaii, Maryland, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, and Washington.

Weiser emphasized that regulation of forced reset triggers and background checks are priorities. The latter was a critical part of the Bipartisan Safer Communities Act, which is under threat since President Trump announced a review of federal firearms regulations that is expected to broadly relax these rules.

New Jersey Attorney General Matthew Platkin announced a similar partnership last year, with 16 states committing to stronger civil enforcement of gun regulation. These include the Attorneys General of Connecticut, Maryland, California, Delaware, Washington, and Washington, D.C. Several enforcement claims have already been pursued by these states, including a settlement of $3 million to Washington against a retailer selling large-capacity magazines, and one of $885,000 to Connecticut by out-of-state dealers selling ghost gun parts.

Opposition to ghost guns remains a unifying issue, as even the U.S. Supreme Court upheld rules requiring background checks for the DIY firearms. At 97Percent, our recent national survey of gun-owning voters showed that while familiarity with ghost guns remains on the low side, support for standardizing ghost gun kits and firearm piece purchases with serial numbers is high, at 63%.

Several legislative efforts are underway aiming to regulate the sale of firearms to prevent unsafe individuals from purchasing them. In Washington, the State House sent legislation to the governor’s desk this week that requires gun buyers to apply for a five-year permit from the Washington State Patrol. To qualify, applicants must pay a fee and complete a certified firearms safety training program. Michigan took action earlier this year, enacting a gun buyback program and school safety package aiming to standardize and improve communication during emergencies. Gun safety advocates and Gov. Gretchen Whitmer are calling for more reforms.

Meanwhile, the Supreme Court has recently declined to hear a challenge to Maryland’s law that requires a permit to purchase a handgun. This legal victory has hastened the introduction of a bill that would create a federal grant program incentivizing permit-to-purchase regulation at the state level, though in the current national political climate, it seems unlikely to succeed. Minnesota wasn’t as fortunate. The state can no longer enforce its law barring people younger than 21 years old from obtaining a permit to carry a handgun in public after the Supreme Court refused to hear its appeal of a judicial decision deeming the law unconstitutional.

There’s activity on the opposite side of the issue, too. In Arizona, State Rep. Alexander Kolodin has advocated for the relaxation of bans on everything from silencers to machine guns to pipe bombs. His proposal would also prevent local prosecutors from enforcing national regulations on them. Less extreme examples include Minnesota, which recently enacted a law allowing people to carry an uncased, unloaded firearm in motor vehicles under certain conditions, and North Carolina, where lawmakers are pushing for concealed carry to be allowed without a permit.

What can we expect to see going forward?

As per usual, majority blue states will continue pushing for gun safety regulation while majority red states continue to roll back their own, taking little action to fill the void left by revoked federal gun policy. However, in swing states, the outlook is more vague. For example, the fate of gun safety in Arizona depends on the outcome of Kolodin’s bill and his ability to mobilize other lawmakers.

But one thing is clear: for the many Americans in states without strong gun regulation, this is a very uncertain time.