Federal Authority in Gun Control: The Interplay of Rights and Federalism

Federal Authority in Gun Control: The Interplay of Rights and Federalism
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December 4, 2023
In the United States, the stark and harrowing reality of surging gun violence grips our nation with deep and unrelenting concern. As vividly illuminated by Mascia (2023), our country bears witness to an alarming upswing in firearm-related fatalities. Shockingly, in the year 2022, the chilling specter of gun-related deaths loomed larger than ever before, becoming the preeminent cause of mortality among our youth, even eclipsing the perils of car accidents and drowning. This disconcerting trend, far from abating, has steadfastly persisted into the year 2023, where a staggering tally of over 100 mass shootings has cast an ominous and formidable shadow over the landscape of our national public safety (Markit, 2020).
The approach to gun control in the United States is an intricate and bewildering tapestry woven from many disparate state laws, each possessing its distinctiveness in stringency and application. This intricate quilt is further entangled by the recent slew of federal initiatives, most notably exemplified by President Biden's executive orders, which seek to augment background checks and introduce the contentious red-flag laws. These federal endeavors stand in stark contrast to the prevailing policies in numerous states, particularly those nestled in the rural and Southern regions, where access to firearms takes on an increasingly laissez-faire character. The glaring chasm between federal and state stances underscores a fundamental and contentious debate entrenched in the domain of gun control—a perpetual tug-of-war between the forces of national governance and the cherished realm of state autonomy. The apotheosis of this schism emerges in the form of the Concealed Carry Reciprocity Act, a legislative manifestation passed by the august U.S. House of Representatives. With its audacious aspiration of imposing nationwide uniformity for concealed carry permits, this act threatens to wield a formidable blow to state sovereignty over the regulation of firearms.
In the face of these convoluted developments, it becomes increasingly manifest that attaining a coherent and efficacious