1 00:00:01,533 --> 00:00:03,900 JUDY WOODRUFF: Now back to Sunday's massacre in a Texas church. 2 00:00:03,900 --> 00:00:08,766 As we reported, the killer's past behavior should have legally blocked him from purchasing 3 00:00:09,933 --> 00:00:12,266 the guns he used to kill 26 people. 4 00:00:12,266 --> 00:00:17,266 Our nation's gun laws are a patchwork, varying from state to state, and requiring the diligence 5 00:00:18,366 --> 00:00:20,900 of many different agencies and officials. 6 00:00:20,900 --> 00:00:25,100 William Brangham is back with a explanation of this complicated legal landscape. 7 00:00:25,100 --> 00:00:29,100 WILLIAM BRANGHAM: In the United States, the settlement gives citizens entered right to 8 00:00:29,100 --> 00:00:30,533 keep and bear arms. 9 00:00:30,533 --> 00:00:33,866 The Supreme Court has several times affirm this fact. 10 00:00:33,866 --> 00:00:38,366 But there are some legal restrictions on who can purchase or keep guns. 11 00:00:38,366 --> 00:00:42,466 Under federal law, to buy a gun from a licensed dealer, you have to be a U.S. citizen and 12 00:00:42,466 --> 00:00:47,100 at least 21 to get handgun or 18 for a rifle or shotgun. 13 00:00:47,100 --> 00:00:50,800 Retailers also have to run your through the National Instant Criminal Background Check 14 00:00:50,800 --> 00:00:52,866 System. 15 00:00:52,866 --> 00:00:56,300 Federal and some state laws designate four main categories that restrict your ability 16 00:00:56,300 --> 00:01:01,300 to get a gun: committing a violent or gun-related crime, having a diagnosed mental illness, 17 00:01:03,300 --> 00:01:07,033 known drug or alcohol abuse, or crimes committed when you were a juvenile. 18 00:01:07,033 --> 00:01:10,200 These are all things that would show up in that background check. 19 00:01:10,200 --> 00:01:14,700 These restrictions might seem obvious, but not every state has these rules, and not every 20 00:01:14,700 --> 00:01:17,033 state enforces the laws in the same way. 21 00:01:17,033 --> 00:01:21,366 For example, in 23 states and Washington, D.C., you can't have a gun if you have been 22 00:01:21,366 --> 00:01:24,066 convicted of a violent or gun-related crime. 23 00:01:24,066 --> 00:01:27,866 The killer in Texas, Devin Kelley, should have been blocked from buying a gun because 24 00:01:27,866 --> 00:01:32,866 he violently abused his wife and her toddler several years ago when he was in the Air Force. 25 00:01:34,833 --> 00:01:38,566 A 1996 federal law bars domestic abusers from buying gun, but, as we mentioned before, the 26 00:01:40,033 --> 00:01:42,433 Air Force didn't report his record to other authorities. 27 00:01:42,433 --> 00:01:46,700 On the issue of mental illness, a majority of states and D.C. bar people with a history 28 00:01:46,700 --> 00:01:49,700 of mental problems from accessing firearms. 29 00:01:49,700 --> 00:01:51,700 But it's by no means foolproof. 30 00:01:51,700 --> 00:01:54,866 The great majority of people suffering from mental illness are not violent. 31 00:01:54,866 --> 00:01:57,033 So, who determines who is a threat? 32 00:01:57,033 --> 00:02:01,333 Sometimes, an individual will be flagged by the legal system or by a mental health provider, 33 00:02:01,333 --> 00:02:06,233 but, often, reporting it to federal and state databases never happens. 34 00:02:06,233 --> 00:02:09,900 On the issue of drug abuse, if you're known to authorities to abuse drugs or have been 35 00:02:09,900 --> 00:02:14,900 convicted of a drug-related crime, 28 states and Washington, D.C., will block your access 36 00:02:15,500 --> 00:02:17,466 to a firearm. 37 00:02:17,466 --> 00:02:20,266 The same goes for alcohol in 18 states and the District of Columbia. 38 00:02:20,266 --> 00:02:25,266 And with each of these restrictions, a handful of states only block people from having handguns, 39 00:02:26,000 --> 00:02:28,533 not shotguns or rifles. 40 00:02:28,533 --> 00:02:33,066 Of course, people can often bypass state and federal rules entirely simply by buying firearms 41 00:02:34,233 --> 00:02:36,400 from private sellers, often at gun shows. 42 00:02:36,400 --> 00:02:41,400 Those sales from one private citizen to another are largely exempt from any reporting rules. 43 00:02:42,566 --> 00:02:44,633 This is what's known as the gun show loophole. 44 00:02:44,633 --> 00:02:48,566 It's estimated that almost a quarter of all guns are bought this way, with no background 45 00:02:48,566 --> 00:02:50,633 checks at all. 46 00:02:50,633 --> 00:02:55,333 Another loophole, there is no federal system for removing firearms if a person later falls 47 00:02:55,333 --> 00:02:57,866 into one of these prohibited categories. 48 00:02:57,866 --> 00:03:02,433 So if you bought a gun legally, but then developed mental illness or commit a violent act or 49 00:03:02,433 --> 00:03:07,166 abuse drugs, it's nearly impossible for authorities to take those guns back. 50 00:03:07,166 --> 00:03:12,100 So here's a crucial question: Do any of these laws actually make a difference in reducing 51 00:03:12,100 --> 00:03:13,300 gun deaths? 52 00:03:13,300 --> 00:03:15,766 Do they make us safer as a society? 53 00:03:15,766 --> 00:03:20,200 According to one analysis done by the Law Center to Prevent Gun Violence -- that's the 54 00:03:20,200 --> 00:03:24,900 group associated with former Congresswoman and gun control advocate Gabby Giffords -- the 55 00:03:24,900 --> 00:03:27,266 answer is clearly yes. 56 00:03:27,266 --> 00:03:32,266 The center graded all 50 states from A through an F on how they enact and enforce gun laws 57 00:03:33,833 --> 00:03:37,033 and then compared those grades to actual gun deaths in each state. 58 00:03:37,033 --> 00:03:42,033 They conclude -- quote -- "States with stronger laws have fewer gun deaths per capita, while 59 00:03:43,200 --> 00:03:45,833 states with weaker laws have more gun deaths." 60 00:03:45,833 --> 00:03:49,000 Many gun rights group take strong issue with this kind of analysis. 61 00:03:49,000 --> 00:03:54,000 They argue that fewer restrictions and more gun ownership is the way to better public 62 00:03:54,500 --> 00:03:55,766 safety. 63 00:03:55,766 --> 00:03:56,500 For the "PBS NewsHour," I'm William Brangham.