Submitted By
Cara Pavlicek, Village Manager
Reviewed By
CLP
Agenda Item Title
Title
A Resolution in Support of Federal Legislation Requiring Universal Background Checks for All Gun Sales
End
Overview
Overview
Trustees Tucker and Salzman have requested this item be placed on the Village Board agenda for consideration of a resolution supporting the enactment of federal legislation which would require universal background checks for all gun sales.
Body
Staff Recommendation
Approval.
Fiscal Impact
N/A.
Background
The United States Supreme Court ruled in McDonald v. City of Chicago and the Village of Oak Park, 561 U.S. 742 (2010), that the Second Amendment to the United States Constitution guarantees the right of individuals to own and possess firearms, including handguns, and such right is applicable to state and local governments as well as to the federal government. In addition, the Court held that such right is still subject to the government's responsibility to regulate the ownership, possession and use of firearms, including handguns. In the United States, an estimated 40% of all gun transfers take place with no background check of the buyer, including sales online and at gun shows.
On November 4, 2014, during the Gubernatorial General Election, an advisory referendum calling for federal legislation requiring universal background checks for all gun purchases was adopted by 92.4% of the 19,530 voters of Oak Park who voted at that election.
The National Instant Criminal Background Check System (NICS) is an effective tool to keep guns out of the hands of criminals and other dangerous individuals, and since its inception, the background check system has blocked over two million gun sales to people who were prohibited from possessing guns. Despite this success, the system is subject to legal loopholes and missing records. For example, it is estimated that state and federal agencies have failed to report hundreds of th...
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