Gun Law

 

• 1Gun law in the United States
• 2Ineligible Persons
• 3Acquiring from dealers
• 4Sales between individuals
• 5Use of firearms

[top]Gun law in the United States

In 1791, The Bill of Rights was ratified. The Bill of Rights includes the Second Amendment, which reads, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

Gun law in the United States is defined by a number of state and federal statutes. In the United States of America, the protection against infringement of the right to keep and bear arms is addressed in the Second Amendment to the United States Constitution. Most federal gun laws were enacted through:

• National Firearms Act (1934)
• Omnibus Crime Control and Safe Streets Act of 1968 (1968)
• Gun Control Act (1968)
• Firearms Owner's Protection Act (1986)
• Brady Handgun Violence Prevention Act (1993)
• Federal Assault Weapons Ban (1994 - 2004) (now defunct)

In addition to federal gun laws, most states and some local jurisdictions have additionally imposed their own firearms restrictions. See Gun laws in the United States (by state).

[top]Ineligible Persons

The following groups of people are ineligible to own firearms under the Gun Control Act of 1968.

• Those convicted of felonies and certain misdemeanors
• Fugitives from justice
• Unlawful users of certain depressant, narcotic, or stimulant drugs
• Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.
• Illegal Aliens
• Citizens who have renounced their citizenship
• Those persons dishonorably discharged from the Armed Forces
• Minors defined as under the age of eighteen for long guns and handguns
• Persons subject to a restraining order
• Persons convicted in any court of a misdemeanor crime of domestic violence (an addition)
• Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition

[top]Acquiring from dealers

Provided that federal law and the laws of both the dealer's and purchaser's states and localities are complied with:

An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of residence.

An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state. However, the applicant may not purchase a pistol gripped long gun that does not have a shoulder stock until he or she is 21 years of age.

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.

Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year's imprisonment.

An individual holding a Curio and Relics License (officially a Type 03 Federal Firearms License (FFL); also called a C&R) may directly purchase firearms that are 50 or more years old from anyone AND any firearm officially recognized by the BATFE as a Curio and Relic (C&R).

[top]Sales between individuals

Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

[top]Use of firearms

Provided that all other laws are complied with, an individual may temporarily borrow or rent a firearm for lawful purposes throughout the United States.

Under United States federal law, the use of a firearm in a violent or drug trafficking crime is punishable by a mandatory prison sentence of up to 20 years. The minumum is one month. A second conviction, if the firearm is an automatic weapon or is equipped with a suppressor, brings life imprisonment without release.

Some states now allow CCW (Concealed Carry Weapon) permit holders to have more rights regarding protection outside the home. Oklahoma passed a bill that allows CCW permit holders to protect themselves using the same standard at home; "That your life was in danger". This has been tested several times in 2007 where permit holders were not prosecuted as they were defending themselves

Concealed Carry Permits are broken up in the states in several categories. They are; Right to carry where no permit is required; Right to carry where a permit is required; May issue right restricted means that they may issue a permit, but tight controls are in place; and Shall issue with some rights restricted. An example from the last category is Florida, which is a Shall issue state but will not honor a "Non Resident" permit. This can get very confusing between the states' reciprocity laws and people need to check the states' laws before going across state lines.



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[sandra]

I want to know if I can legally purchase a Butterfly knife (also called a Ballisong) from an on line vendor and have it shipped to California?

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Can I legally purchase a Butterfly knife (also called a Ballisong)

[chicago]

BE AWARE OF THE LAW WHEN SELLING AND BUYING GUNS:

Persons who engage in the business of buying or selling firearms must be licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice. A special class of "licensed collectors" provides for the purchase and sale of firearms designated by the BATFE as "curios and relics." Class III dealers may sell fully-automatic firearms manufactured prior to May 19, 1986, and other federally registered firearms and devices restricted under Title II of the Gun Control Act, to individuals who obtain approval from the U.S. Secretary of the Treasury after payment of a tax and clearance following a criminal background check.

Violations of restrictions on Title II firearms and devices are punishable by a penalty of up to $10,000 and 10 years imprisonment.