Regulating Guns in America

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Personalized or Owner-Authorized Firearms Background “Personalized” firearms, also known as “smart” or “owner-authorized” guns, incorporate technology preventing their use except by authorized users. Personalized guns are designed to prevent shootings, both intentional and unintentional, by children, thieves, and other unauthorized users. A 2003 study analyzing data from seven years of unintended firearm deaths or deaths of undetermined intent found that 37% of the deaths could have been prevented by a smart gun. 1 Personalized guns also render firearms useless to criminals who gain access to law enforcement weapons during the course of an arrest or other encounter. For research and statistics regarding child and unauthorized access to guns, which would be prevented by personalized firearms, see our summary on Safe Storage & Gun Locks. The technology incorporated into personalized firearms can generally be divided into two categories: token-based technologies and biometric technologies. Token-based technologies require the use of an additional item, such as a ring or watch, to activate the firearm, and include radio frequency and magnetic identifiers. Biometric technologies utilize unique features of individuals to identify the user of a gun, including fingerprints and grip recognition. 2 In response to an order from President Obama, the National Institute of Justice (“NIJ”) produced a report in June 2013 evaluating the readiness of personalized firearm technology. The report found that, although personalized guns were not yet available commercially, numerous prototypes have been created, and at least three models of these firearms could be described as “commercializable,” or “production-ready.” 3 At least one personalized handgun system entered the U.S. market in 2013: the Armatix iP1, which includes a handgun and a watch containing a radio frequency identifier that the user must wear to activate the handgun.4 Americans overwhelmingly support laws requiring that firearms incorporate user-recognition technology. A 2001 survey found that 73.6% of Americans favor a requirement that all new models of handguns be personalized. 5 Summary of Federal Law Federal law does not set any safety or design standards for domestically manufactured firearms. Most consumer products are regulated by the Consumer Product Safety Commission (CPSC), established in 1972 by the Consumer Product Safety Act. The statutory definition of the term “consumer product,” however, specifically excludes firearms and ammunition.6 Accordingly, the CPSC currently has no authority to require gun manufacturers to produce personalized guns or otherwise improve the safety of their products.

Law Center to Prevent Gun Violence

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