Advocates are asking lawmakers to include a provision increasing the minimum purchase age for firearms in the bipartisan negotiation on gun legislation. This would be similar to the gunmen who were 18 years old in Uvalde (Texas) and Buffalo (New York).
Federal legislation would require that buyers of long guns, such as semi-automatic rifles, in the vast majority of states be 21 years old by law.
According to the Giffords Law Center for Preventing Gun Violence, only seven states have passed laws increasing the purchasing age to 21 for certain firearms. These include shotguns, rifles, and semi-automatic rifles. Many states enacted laws to address mass shootings in the wake of young men using guns.
Although several states are facing legal challenges regarding the restriction, advocates argue that Congress would have an impact on the 43 other states.
“The impact would have a huge effect. A federal law that provides effective gun safety policies has a greater impact than any state law. It would certainly limit the number people who could buy firearms within that age group,” stated Allison Anderman (Giffords’ senior counsel, director of local policy), who pointed out data that showed that those aged 18-24 have higher rates of mental illness than people older than them and are more likely to commit violent acts.
She said, “It makes a lot sense to ensure that they can’t purchase these firearms.”
Federal law allows anyone 18 years old to purchase shotguns, rifles, and ammunition from licensed dealers. This applies only in states that have a higher minimum age. Federal law also establishes a 21-year-old minimum age for handgun sales from licensed dealers.
Gun safety advocates claim that this apparent contradiction is due to an old assumption that gun violence was primarily perpetrated by gun owners using handguns, and rifles were only used for hunting.
However, raising the age to purchase rifles is unlikely to be included in the proposal that a bipartisan group legislative members is drafting.
NBC News reported Monday, that the provision was unlikely to be included in a legislative package due to GOP opposition and the fact that it lacks the 60 votes required to overcome a filibuster within the evenly divided Senate. Sources said Tuesday that Senate Minority leader Mitch McConnell (R-Ky.) had privately told colleagues that he was open to raising the purchase age to 21 for semi-automatic rifles. These rifles are often called “assault” by gun control advocates.
McConnell spokeswoman Doug Andres said that McConnell Leader McConnell had not advocated for any particular policy.
Yet, Senator Thom Tillis (R-N.C.) sounded a cold shoulder about the possibility of raising that age to purchase such weapons to 21.
Tillis stated Tuesday that he was staying within the boundaries of the discussion and that it hasn’t entered into the discussion.
The Senate’s bipartisan leader, Sen. John Cornyn (Republican from Texas), told The New York Times that the legislation lawmakers agreed on “has to have an incremental effect.” He also dismissed President Joe Biden’s call to raise the minimum age for semi-automatic rifles sales to 21.
Biden repeatedly appealed to Congress for stricter gun control laws after a series of recent mass shootings in the United States. An 18-year old gunman shot and killed 10 people in a Buffalo grocery shop on May 14. A second 18-year old gunman shot and killed 20 children and two teachers at a Uvalde elementary school ten days later.
Two semi-automatic rifles were purchased by the Uvalde shooter at a gun shop just days after his 18th birthday. His rifles were also legally obtained by the Buffalo shooter.
Anderman of Giffords said that raising the purchasing age won’t solve all problems. She stated that any legislative package effective would need to require background checks in order to enforce age requirements for private sales.
Federal law requires background checks only for licensed gun dealers, but not for unlicensed gun sellers like those who sell online or at gun shows.
She stated that if there is no background check it can be difficult to enforce a minimum-age law.
Cornyn stated in an interview Tuesday that a measure that would improve background checks to include juvenile criminal record and require that they are reported to a federal database is more likely to be approved by the Senate.
Cornyn stated that, “I believe if this young man’s background had been part the background check system,” Cornyn meant to refer to the gunman, 18 years old, who opened fire on Robb Elementary School in Uvalde. He was able to pass the background check because essentially everything that had happened before 18 was not available to him.
Focusing on juvenile records could lead to buyers aged 18-21 experiencing a waiting period.
Senator Democrats said that they would support this.
Senator Chris Coons (D-Del.), a member the Judiciary Committee, said Tuesday that he would “certainly support” a waiting period for those 18-to-21-year-olds who attempt to purchase such rifles.
House Democrats have, however, stated that it is vital to raise the minimum age to purchase rifles to 21.
A package of gun bills called the Protecting Our Kids Act would increase the age at which semi-automatic rifles can be purchased to 21. The legislation will be considered by the House Democrats on Wednesday.
The package would also ban bump stocks, straw purchasing, and “ghost weapons” as well as strengthening criminal background checks. It also closes the Charleston loophole which allows firearm sales to continue if background checks have not been completed within three working days.
“This time is different and we’re going continue to pass commonsense legislation out of the House. We expect our Senate colleagues to join us in this effort,” Rep. David Cicilline (D-R.I.), a member the House Gun Violence Prevention Task Force on Monday.
He said, “I hope that the Senate Republicans will accept as many of these bills as possible,” he continued.
States that have taken steps to increase the purchasing age have some words of wisdom for Congress: Follow our lead.
New York Governor: “We’re going keep the pressure on Congress,” Kathy Hochul, a Democrat told reporters Monday at a bill signing ceremony.
