The History of Gun Control in the United States, Part 3

Editor’s note: This three-part series will explore the history of gun control in the United States. Part 3 will discuss gun restrictions during the 20th century and the liberalization of gun laws. You can read Part 2 here.

Throughout the 20th century, the prevailing trend of restrictive gun laws that originated in the 19th century persisted. However, a shift toward more lenient gun laws unfolded during the mid-20th century and persisted into the 21st century. This transformation was propelled by a significant factor: gun owners increasingly obtaining firearms with the intent of self-defense, which emerged as a response to social unrest and a desire to protect themselves.

The Sullivan Act

David Yamane, who has written extensively on the history of gun control in the United States, explained that New York’s 1911 Sullivan Act played a pivotal role in inspiring other states to embrace similarly restrictive concealed carry laws during the early 20th century.

On Aug. 9, 1910, a dissatisfied employee of the New York City Dock Department shot and seriously wounded Mayor William J. Gaynor as he was about to board an ocean liner bound for Europe. Subsequently, on Jan. 23, 1911, an individual shot and fatally wounded New York City novelist David Graham Phillips as he was on his way to the Princeton Club.

Reacting to these two prominent shootings, Democratic Sen. Timothy “Big Tim” Sullivan introduced a bill aimed at significantly curbing pistol ownership and restricting the practice of concealed carry within the state.

“[I]f you give me this bill,” Sullivan promised, “it will save more souls in a year than the work of all the ministers and priests in the State talking for the next ten years.”

On May 30, 1911, Gov. John Alden Dix signed Sullivan’s bill into law. Yamane wrote, individuals seeking a concealed carry license were required to demonstrate both “good moral character” and a “proper cause.” However, this criteria offered authorities considerable discretion in granting firearm licenses, which ultimately led to instances of power abuse. These abuses ranged from granting preferential treatment to specific individuals, including celebrities, to imposing restrictions on firearm ownership for targeted groups of people, such as minorities.

In 2019, a study conducted by Briggs Depew and Isaac D. Swensen delved into the impact of the Sullivan Act on gun-related behaviors and mortality outcomes. Interestingly, the scholars discovered no evidence suggesting that the law had the intended effect of lowering homicide rates following its implementation.

Federal Gun Control: 1934 and 1968

In 1934, Congress, in response to machine-gun-wielding criminals, passed the National Firearms Act, the first federal gun-control law. The legislation imposed taxes on manufacturers, importers and dealers of specific firearm categories and machine guns. They were required to register the firearm with Secretary of Treasury Henry Morgenthau Jr. The tax amounts were substantial for the time: $500 for manufacturers and $200 for dealers. The act prohibited firearms such as shotguns and rifles with barrels shorter than 18 inches, items vaguely categorized as “any other weapons,” machine guns, and mufflers and silencers. However, the law allowed pistols and revolvers, except when modified to discharge multiple rounds per trigger pull.

In 1968, a period marked by political assassinations, riots and violence, Congress responded by enacting the Gun Control Act. This legislation aimed to address the social unrest of the time. The act introduced regulations for the interstate sale of rifles, shotguns and ammunition, encompassing both mail order and over-the-counter transactions, though with certain exemptions. It also stipulated that individuals needed to be 21 to buy handguns or ammunition and 18 to purchase rifles and shotguns, among other provisions.

According to Yamane, this period of social and cultural upheaval also marked the beginning of a transition toward defensive gun ownership. While firearms were traditionally acquired for recreational and leisure shooting, the focus shifted to armed self-defense, signifying a shift from what is known as Gun Culture 1.0 to Gun Culture 2.0. This evolution ultimately contributed to the relaxation of gun control laws in the United States.

The Liberalization of Gun Laws

The groundwork for Gun Culture 2.0 was laid during the 1960s and 1970s, and as Yamane explained, this foundation began to flourish during the 1980s and 1990s.

The shall-issue era took root in the 1980s. While five states had already introduced shall-issue laws prior to Florida in 1987, Yamane noted that Florida’s move “open[ed] the floodgates for a massive expansion in the number of states with liberalized concealed carry laws.” Within three years, four additional states followed suit. By 1990, a total of 12 states had enacted laws in favor of the right to carry. (Vermont had always permitted it.)

Much like Florida’s role in ushering in the shall-issue era, Alaska played a pivotal role in initiating the permitless carry or constitutional carry era. In 2003, Alaska became the first state to introduce permitless carry. Over the last two decades, a significant trend has emerged, with 26 states — comprising over half of the U.S. — subsequently adopting similar laws. As of 2023, both Nebraska and Florida joined the ranks as the 26th and 27th constitutional carry states respectively. This momentum continues, as lawmakers in various states, including Louisiana, Michigan, North Carolina and South Carolina, have introduced bills aimed at implementing permitless carry or constitutional carry. It’s likely that more states will embrace this trend in the future.

The Path Ahead

Will there be a further liberalization of gun laws culminating in national reciprocity? Or will there be a regression toward more stringent restrictions comparable to 19th century and early 20th century gun laws?

The latter is unlikely, given that in his 2021 National Firearms Survey, Professor William English estimated that over 81.4 million Americans 18 years old and older, representing roughly one-third of the population, are firearm owners. A third of gun owners have also used firearms to protect themselves or their property. Gun ownership for self-defense has become deeply ingrained in American culture, and an increasing number of individuals are searching for means to safeguard themselves and their families. As Yamane explained, the seeds were planted during the 1960s and 1970s, and they have since prospered.

He believes there are three potential directions for the next phase of development in American gun culture: The first is the remaining may-issue states will become shall-issue states and a few more states will become permitless carry states. The second is the fragmentation of Gun Culture 2.0. The third is the emergence of Gun Culture 3.0, which he envisions as a movement that supports the Second Amendment based on conservative political principles, irrespective of individual gun ownership. Among these possibilities, the first scenario seems the most likely.

As a whole, the United States has the least restrictive gun control measures in its nearly 250-year history. However, this transformation was not an instantaneous occurrence but rather a gradual process that unfolded over time.

Feature image of the 1934 Bonnie & Clyde death car courtesy of Heritage Auctions, HA.com. 

Further Reading

Babat, David. “The Discriminatory History of Gun Control.” Senior Honors Projects. University of Rhode Island, 2009.

Depew, Briggs, and Isaac Swensen. “The Effect of Concealed-Carry and Handgun Restrictions on Gun-Related Deaths: Evidence from the Sullivan Act of 1911.” The Economic Journal 132, no. 646 (August 2022): 2,118-2140.

English, William. “2021 National Firearms Survey: Updated Analysis Including Types of Firearms Owned.” Georgetown McDonough School of Business, Research Paper No. 4109494, Social Science Research Network, May 13, 2022.

“Federal Gun Control Act Becomes Effective Dec. 16.” Rockford Morning Star (Rockford, IL). December 15, 1968.

“Firearms Registration Provisions Explained.” The Redwood Gazette (Redwood Falls, MN). September 13, 1934.

“Gun Control Act Brings Several Changes.” State Times Advocate (Baton Rouge, LA). December 26, 1968.

Kopel, David B. “The Great Gun Control War of the 20th Century — And its Lessons for Gun Laws Today.” Fordham Urban Law Journal 39, no. 5 (October 2012): 1,527-1,666.

“New Firearms Law Effective Friday.” The Evansville Press (Evansville, IN). August 9, 1934.

“New Pistol Law Arrests. Victims of Sullivan Bill Early Appear in Court.” Daily People (New York, NY). September 2, 1911.

Yamane, David. Concealed Carry Revolution: Expanding the Right to Bear Arms in America (Berkeley, CA: AnewPress, 2021).

Yamane, David. “Gun Culture 2.0: The Evolution and Contours of Defensive Gun Ownership in America.” The ANNALS of the American Academy of Political and Social Science 704, no. 1 (November 2022): 20-43.