The topic of guns is pervasive in American politics. It’s also poignant and partisan. So, let’s examine the contentious issue that could potentially determine the outcome of this year’s election.This is a four-part series, breaking down the data, root causes, solutions and political implications of guns and gun violence in America. Here is Part 1, Part 2 and Part 3.This is Part 4: The political implications.On guns, former President Donald Trump and Vice President Kamala Harris strongly reflect the state of the country: two sides starkly divided on foundational approaches, with some deviations interspersed.Trump, the Republican presidential nominee who is seeking a second term, is largely a committed gun rights advocate.”I was proud to be the most pro-gun, pro-Second Amendment president you’ve ever had in the White House,” Trump said at a National Rifle Association conference last year.During his first term, his administration opposed expanding the federal background check system to include private sales at gun shows and over the Internet by unlicensed dealers. He also opposed closing the so-called “Charleston Loophole,” which would extend the waiting periods for background checks from three days to 10 days.Additionally, he rescinded an Obama-era rule that would’ve strengthened the reporting of mental illnesses to the FBI’s National Instant Criminal Background Check System (NICS). He also eased prohibitions on criminals obtaining guns by narrowing the definition of “fugitive of law,” which purged tens of thousands of records from the NICS.On top of that, Trump has continuously absolved the role of guns in mass shootings, suggesting stronger security measures, increased mental health attention and even arming teachers as more viable solutions.”This is not a gun problem,” he said at that same NRA conference last year. “This is a mental health problem, this is a social problem, this is a cultural problem, this is a spiritual problem.”State Rep. Bryan Fontenot, a Republican pro-gun rights legislator from Louisiana, appreciates Trump’s perspective on the issue.”The conversation should never really be about guns; the conversation needs to be about the crisis of mental health in this country,” Fontenot said. “We are not smart enough as a country to figure out that when someone has a mental illness, they shouldn’t be able to purchase a gun.”Addressing mental health’s role in gun violence was actually a key component of the Bipartisan Safer Communities Act, a 2022 bill signed by President Joe Biden.The legislation earmarked over $750 million in funding for mental health services. So far, the Department of Health and Human Services has awarded nearly $245 million to support “youth mental health, help the health care workforce address mental health needs, and fund other critical mental health supports.”Aneesa McMillan, communications director for the Giffords Law Center, underlined the significance of the BSCA, noting that it was the first major piece of federal gun control legislation in 28 years.”Common sense gun measures poll well not only with Democrats but also Republicans,” McMillan said. “That is one of the reasons why Vice President Harris and President Joe Biden were successful in passing the Bipartisan Safer Communities Act, which broke a nearly 30-year logjam on federal policy on the issue.”The BSCA also extended background checks for firearm purchasers under the age of 21, tightened firearm license requirements, funded red flag laws at the state level, closed the so-called “boyfriend loophole,” and increased punishment for arms trafficking and straw purchases. Harris was, not surprisingly, a strong supporter of the bill. During her vice presidency, she took further steps to advocate for Extreme Risk Protection Orders (ERPOs), or red flag laws, and universal background checks.Her support for stricter gun laws goes back to her days as San Francisco district attorney from 2004 to 2011. In that office, she opposed pretrial release for people charged with gun crimes, cracked down on domestic abusers and worked with the state to craft some of the country’s most expansive gun measures.In 2008, she worked with a group of lawyers to urge the Supreme Court to uphold a handgun ban in the landmark case, D.C. v. Heller. Her work was unsuccessful, as the court struck down the ban and ruled that the Second Amendment protects an individual right to possess firearms independent of service in a state militia and to use firearms for lawful purposes, including self-defense within the home.She continued her work on guns as California attorney general, overseeing gun sweeps to remove prohibited weapons, supporting restrictions for concealed carry and promoting microstamping.In the U.S. Senate, Harris co-sponsored bills to enact universal background checks, ban assault weapons, and increase oversight of federally licensed gun dealers.Other notable stances Harris has taken include advocating for the repeal of the Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability, and backing a mandatory buyback program for assault weapons during her presidential run in 2019. She still maintains her support for an assault weapons ban.”I feel very strongly that it’s consistent with the Second Amendment to say we need an assault weapons ban,” Harris said during an interview with a Philadelphia TV station earlier this month. “They’re literally tools of war; they were literally designed to kill a lot of people quickly.”Harris and Trump have broken the mold of their gun views at times. As president, Trump signed the Fix NICS Act, a bipartisan bill that cleaned up the federal background check system and put parameters in place to increase coordination and efficiency. He also oversaw the Department of Justice’s attempt to ban bump stocks in 2018, following the mass shootings in Las Vegas and Parkland, Florida. The Supreme Court, however, struck down that ban this year.Meanwhile, Harris has struck a more moderate tone on guns during her 2024 presidential campaign. “We’re not taking anyone’s guns away, so stop with the continuous lying about this stuff,” she said during the Sept. 10 debate with Trump, referring to his claims that she would “confiscate everybody’s gun” if elected.She made headlines during a campaign event with Oprah Winfrey on Sept. 19, when she reconfirmed her ownership of a firearm and detailed her readiness to use it if need be.”I’m a gun owner, (vice presidential candidate) Tim Walz is a gun owner… If somebody breaks into my house, they’re getting shot,” she said. “Probably should not have said that. My staff will deal with that later.”Fontenot said that, at the end of the day, neither candidate will move the needle on guns as much as Americans are led to believe, considering the influence of Congress and the courts.”Every time there’s a political election, there are winners and losers, and there are specific items that at some point come under attack,” Fontenot said. “President Trump has made his claim … that he believes in the Second Amendment gun rights. I think you’ve seen Vice President Harris in the last debate say that she’s a gun owner.”He added, “Any of those political maneuvers from the right or the left will ultimately be settled by the United States Supreme Court.”McMillan, of Giffords Law Center, sees it differently. She believes there is a lot more at stake in this election.”On the other side, you see almost this bragging, especially in the instance of Donald Trump, about not doing anything to address the problem,” McMillan said. “Which is a reflection of how we would approach this issue should he ascend to the White House for a second term.”She added that her fear is that all of the progress made on addressing gun violence could be undone if Harris isn’t elected to keep the momentum going.”All of the initiatives … all of those key investments in legislation are at risk if we were to see a Trump/(JD) Vance administration because of how they have approached this issue, telling families to basically accept this as a way of life for Americans. It’s unacceptable.”
The topic of guns is pervasive in American politics. It’s also poignant and partisan.
So, let’s examine the contentious issue that could potentially determine the outcome of this year’s election.
This is a four-part series, breaking down the data, root causes, solutions and political implications of guns and gun violence in America. Here is Part 1, Part 2 and Part 3.
This is Part 4: The political implications.
On guns, former President Donald Trump and Vice President Kamala Harris strongly reflect the state of the country: two sides starkly divided on foundational approaches, with some deviations interspersed.
Trump, the Republican presidential nominee who is seeking a second term, is largely a committed gun rights advocate.
“I was proud to be the most pro-gun, pro-Second Amendment president you’ve ever had in the White House,” Trump said at a National Rifle Association conference last year.
During his first term, his administration opposed expanding the federal background check system to include private sales at gun shows and over the Internet by unlicensed dealers. He also opposed closing the so-called “Charleston Loophole,” which would extend the waiting periods for background checks from three days to 10 days.
Additionally, he rescinded an Obama-era rule that would’ve strengthened the reporting of mental illnesses to the FBI’s National Instant Criminal Background Check System (NICS). He also eased prohibitions on criminals obtaining guns by narrowing the definition of “fugitive of law,” which purged tens of thousands of records from the NICS.
On top of that, Trump has continuously absolved the role of guns in mass shootings, suggesting stronger security measures, increased mental health attention and even arming teachers as more viable solutions.
“This is not a gun problem,” he said at that same NRA conference last year. “This is a mental health problem, this is a social problem, this is a cultural problem, this is a spiritual problem.”
State Rep. Bryan Fontenot, a Republican pro-gun rights legislator from Louisiana, appreciates Trump’s perspective on the issue.
“The conversation should never really be about guns; the conversation needs to be about the crisis of mental health in this country,” Fontenot said. “We are not smart enough as a country to figure out that when someone has a mental illness, they shouldn’t be able to purchase a gun.”
Addressing mental health’s role in gun violence was actually a key component of the Bipartisan Safer Communities Act, a 2022 bill signed by President Joe Biden.
The legislation earmarked over $750 million in funding for mental health services. So far, the Department of Health and Human Services has awarded nearly $245 million to support “youth mental health, help the health care workforce address mental health needs, and fund other critical mental health supports.”
Aneesa McMillan, communications director for the Giffords Law Center, underlined the significance of the BSCA, noting that it was the first major piece of federal gun control legislation in 28 years.
“Common sense gun measures poll well not only with Democrats but also Republicans,” McMillan said. “That is one of the reasons why Vice President Harris and President Joe Biden were successful in passing the Bipartisan Safer Communities Act, which broke a nearly 30-year logjam on federal policy on the issue.”
The BSCA also extended background checks for firearm purchasers under the age of 21, tightened firearm license requirements, funded red flag laws at the state level, closed the so-called “boyfriend loophole,” and increased punishment for arms trafficking and straw purchases.
Harris was, not surprisingly, a strong supporter of the bill. During her vice presidency, she took further steps to advocate for Extreme Risk Protection Orders (ERPOs), or red flag laws, and universal background checks.
Her support for stricter gun laws goes back to her days as San Francisco district attorney from 2004 to 2011. In that office, she opposed pretrial release for people charged with gun crimes, cracked down on domestic abusers and worked with the state to craft some of the country’s most expansive gun measures.
In 2008, she worked with a group of lawyers to urge the Supreme Court to uphold a handgun ban in the landmark case, D.C. v. Heller. Her work was unsuccessful, as the court struck down the ban and ruled that the Second Amendment protects an individual right to possess firearms independent of service in a state militia and to use firearms for lawful purposes, including self-defense within the home.
She continued her work on guns as California attorney general, overseeing gun sweeps to remove prohibited weapons, supporting restrictions for concealed carry and promoting microstamping.
In the U.S. Senate, Harris co-sponsored bills to enact universal background checks, ban assault weapons, and increase oversight of federally licensed gun dealers.
Other notable stances Harris has taken include advocating for the repeal of the Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability, and backing a mandatory buyback program for assault weapons during her presidential run in 2019. She still maintains her support for an assault weapons ban.
“I feel very strongly that it’s consistent with the Second Amendment to say we need an assault weapons ban,” Harris said during an interview with a Philadelphia TV station earlier this month. “They’re literally tools of war; they were literally designed to kill a lot of people quickly.”
Harris and Trump have broken the mold of their gun views at times.
As president, Trump signed the Fix NICS Act, a bipartisan bill that cleaned up the federal background check system and put parameters in place to increase coordination and efficiency. He also oversaw the Department of Justice’s attempt to ban bump stocks in 2018, following the mass shootings in Las Vegas and Parkland, Florida. The Supreme Court, however, struck down that ban this year.
Meanwhile, Harris has struck a more moderate tone on guns during her 2024 presidential campaign.
“We’re not taking anyone’s guns away, so stop with the continuous lying about this stuff,” she said during the Sept. 10 debate with Trump, referring to his claims that she would “confiscate everybody’s gun” if elected.
She made headlines during a campaign event with Oprah Winfrey on Sept. 19, when she reconfirmed her ownership of a firearm and detailed her readiness to use it if need be.
“I’m a gun owner, (vice presidential candidate) Tim Walz is a gun owner… If somebody breaks into my house, they’re getting shot,” she said. “Probably should not have said that. My staff will deal with that later.”
Fontenot said that, at the end of the day, neither candidate will move the needle on guns as much as Americans are led to believe, considering the influence of Congress and the courts.
“Every time there’s a political election, there are winners and losers, and there are specific items that at some point come under attack,” Fontenot said. “President Trump has made his claim … that he believes in the Second Amendment gun rights. I think you’ve seen Vice President Harris in the last debate say that she’s a gun owner.”
He added, “Any of those political maneuvers from the right or the left will ultimately be settled by the United States Supreme Court.”
McMillan, of Giffords Law Center, sees it differently. She believes there is a lot more at stake in this election.
“On the other side, you see almost this bragging, especially in the instance of Donald Trump, about not doing anything to address the problem,” McMillan said. “Which is a reflection of how we would approach this issue should he ascend to the White House for a second term.”
She added that her fear is that all of the progress made on addressing gun violence could be undone if Harris isn’t elected to keep the momentum going.
“All of the initiatives … all of those key investments in legislation are at risk if we were to see a Trump/(JD) Vance administration because of how they have approached this issue, telling families to basically accept this as a way of life for Americans. It’s unacceptable.”
