Regulating Gun Markets

With the rapid increase since the mid-1980’s in rates of homicide and other criminal violence, crime has emerged as the nation’s leading domestic problem. One tactic for mitigating lethal violence is gun control –government regulation of the production, exchange, and use of personal firearms. A number of proposals are currently being debated at the federal, state, and local levels. Recently, Congress enacted the Brady Bill and adopted a partial ban on assault weapons, while the Bureau of Alcohol, Tobacco, and Firearms (BATF) toughened sales procedures for gun-dealers. A central issue in debating these and other control measures is which types of regulation are likely to be most cost-effective in reducing gun violence.

This Article concerns the secondary gun market, one of the key issues in understanding the potential effectiveness of gun control measures. The primary objective of much of the gun control effort in the United States is to discourage certain categories of people, including felons and those under indictment, from obtaining and possessing guns, while preserving ready availability of guns for everyone else.