How Does Congress Regulate Gun Control?

The judicial doctrine is based upon the basic constitutional principle that in those areas where the founding fathers gave Congress the constitutional authority to regulate gun control, Congress has the right to insist on one uniform set of national regulations. Once Congress exercises this right by enacting a comprehensive set of federal regulations, the states are constitutionally prohibited from adopting any regulations that are inconsistent with the federal regulations. Essentially, when Congress exercises its constitutional authority “to regulate commerce…among the several states,” it may decide to “occupy the field” and thereby preempt states from regulating inconsistently. But federal preemption is elective. Congress can decide to occupy

In essence, Congress may decline to adopt an “either/or” approach and develop federal regulations but allow states to develop their own regulations. This has been the strategy adopted by Congress for the regulation of firearms. Congress has neither “occupied the field” exclusively nor completely abdicated its authority to the states. Rather, it has elected to pursue a strategy whereby states are free to regulate firearms simultaneously with the federal government. Under this approach, there are two independent regulatory schemes—one at the federal level and one at the state level. Accordingly, anyone who is involved in the purchase or ownership of firearms must comply with both sets of regulations. Where there is inconsistency, the individual must comply with whichever law is stricter. The flip side of the doctrine of federal preemption is the doctrine of states’ rights, where each state has the right to regulate certain activities free from federal interference. The doctrine of states’ rights has roots in the United States