fbpx
Wikipedia

Gun law in the United States

In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories.[1] They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The private right to keep and bear arms is protected by the Second Amendment of the United States Constitution. This protection was not legally explicit until the U.S. Supreme Court ruled that the Amendment defined and protected an individual right, unconnected with militia service, in District of Columbia v. Heller (2008). A subsequent holding in McDonald v. City of Chicago (2010) ruled that the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and thereby applies to state and local laws. In New York State Rifle & Pistol Association, Inc. v. Bruen (2022) the Court struck down New York's "may issue" system of granting concealed carry licenses, and further held that any regulation of firearms in the United States is presumed unlawful unless it respects the text, history and tradition of the American legal treatment of the Second Amendment.

Major federal gun laws edit

 
Gun show, in the U.S.

Most federal gun laws are found in the following acts:[2][3]

Overview of current regulations edit

Fugitives, those convicted of a felony with a sentence exceeding 1 year, past or present, and those who were involuntarily admitted to a mental facility are prohibited from purchasing a firearm; unless rights restored. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the United States Constitution, which protects the right to keep and bear arms. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[4][5] Additionally, the U.S. Supreme Court held in McDonald v. Chicago (2010) that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.[6] In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court ruled that states could not require "proper cause" or a "special need" when issuing a license for concealed carry.[7]

History edit

Important events regarding gun legislation occurred in the following years.[8]

In 1791, the United States Bill of Rights were ratified, which included the Second Amendment to the United States Constitution which stated that "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."

In 1934, the National Firearms Act (NFA) was signed into law under President Franklin D. Roosevelt's Administration in an effort to curb prohibition-era violence.[9][10] Between 1920 and 1933 the homicide rate in the United States had been rising year-over-year as an example of the unintended consequences of passing Prohibition into law, and the concomitant violence associated with making illegal a widely in-demand product.[9][11] The NFA is considered to be the first federal legislation to enforce gun control in the United States, imposing a $200 tax, equivalent to approximately $3,942 in 2022, on the manufacture and transfer of Title II weapons. It also mandated the registration of machine guns, short-barreled rifles and shotguns, heavy weapons, explosive ordnance, suppressors, and disguised or improvised firearms. When Prohibition was ultimately repealed in 1933, and the monopoly on alcohol maintained by organized crime was ended, there was a significant decline in the homicide rate.[9][10] In fact, "...homicides continued to diminish each year for eleven years straight [after the repeal of Prohibition]."[9][11]

In 1938, President Franklin D. Roosevelt signed the Federal Firearms Act of 1938 (FFA) into law, requiring that all gun-related businesses must have a Federal Firearms License (FFL).

In 1939, through the court case United States v. Miller, the Supreme Court of the United States ruled that Congress could regulate interstate selling sawed-off shotguns through the National Firearms Act of 1934, deeming that such a weapon has no reasonable relationship with the efficiency of a well regulated militia.

In 1968, following the spree of political assassinations including: the assassination of John F. Kennedy, the assassination of Robert F. Kennedy, and the assassination of Martin Luther King Jr, President Lyndon B. Johnson, pushed Congress for the Gun Control Act of 1968 (GCA). It repealed and replaced the FFA, regulated “destructive devices” (such as bombs, mines, grenades, and other explosives), expanded the definition of machine gun, required the serialization of manufactured or imported guns, banned importing military-style weapons, and imposed a 21 age minimum on the purchasing of handguns from FFLs. The GCA also prohibited the selling of firearms to felons and the mentally ill.

In 1986, contrary to prior gun legislation, the Firearm Owners Protection Act (FOPA) (1986), passed under the Ronald Reagan administration, enacted protections for gun owners. It prohibited a national registry of dealer records, limited ATF inspections to conduct annual inspections (unless multiple infractions have been observed), allowed licensed dealers to sell firearms at "gun shows" in their state, and loosened regulations on the sale and transfer of ammunition. However, the FOPA also prohibited civilian ownership or transfer of machine guns made after May 19, 1986, and redefined "silencer" to include silencer parts.

 
History of concealed carry laws
 
After the 2004 expiration of the Federal Assault Weapons Ban, the firearms industry embraced the AR-15's political and cultural significance for marketing.[12] Almost every major gunmaker produces its own version, with ~16 million Americans owning at least one.[12]

In 1993, the Brady Handgun Violence Prevention Act, named after a White House press secretary who was disabled during the attempted assassination of Ronald Reagan, was signed into law under the presidency of Bill Clinton. This act required that background checks must be conducted on gun purchases and established a criminal background check system maintained by the FBI.

In 1994, the Violent Crime Control and Law Enforcement Act was signed into law under the presidency of Bill Clinton, which included the Federal Assault Weapons Ban, effectively banned the manufacturing, selling, and possession of specific military-style assault weapons such as AR-15 style rifles and banned high-capacity ammunition magazines that held over 10 rounds. Banned arms that were previously legally possessed were grandfathered. The ban expired in September 2004.

In 2003, the Tiahrt Amendment proposed by Kansas Representative, Todd Tiahrt, limited the ATF to only release information from its firearms trace database to only law enforcement agencies or a prosecutors in connection with a criminal investigation.

In 2005, The Protection of Lawful Commerce in Arms Act was signed into law under the presidency of George W. Bush. This act protected gun manufacturers from being named in federal or state civil suits by those who were victims of crimes involving guns made by that company.

In 2008, the Supreme Court ruled in the case District of Columbia v. Heller that the Second Amendment is an "individual right to possess a firearm unconnected with service in a militia" and struck down Washington D.C.'s handgun ban. But the Supreme Court also stated "that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated."

In 2010, the Supreme Court ruled in the case McDonald v. Chicago that the Second Amendment is incorporated and thus applies against the states.

In 2016, the Supreme Court ruled in the case Caetano v. Massachusetts that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding".

In 2022, the Supreme Court ruled in the case New York State Rifle & Pistol Association, Inc. v. Bruen "that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home" and that "the State’s [may-issue] licensing regime violates the Constitution."

Second Amendment edit

The right to keep and bear arms in the United States is protected by the Second Amendment to the U.S. Constitution.[13] While there have been contentious debates on the nature of this right, there was a lack of clear federal court rulings defining the right until the two landmark U.S. Supreme Court cases of District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010).

An individual right to own a gun for personal use was affirmed in Heller, which overturned a handgun ban in the federal District of Columbia.[14] In the Heller decision, the court's majority opinion said that the Second Amendment protects "the right of law-abiding, responsible citizens to use arms in defense of hearth and home."

However, in delivering the majority opinion, Supreme Court Justice Antonin Scalia wrote on the Second Amendment not being an unlimited right:

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.[15][16]

The four dissenting justices argued that the majority had broken prior precedent on the Second Amendment,[17] and took the position that the amendment refers to an individual right, but only in the context of militia service.[18][19][20][21]

In McDonald, the Supreme Court ruled that, because of the incorporation of the Bill of Rights, the guarantee of an individual right to bear arms applies to state and local gun control laws and not just federal laws.[22]

The Supreme Court ruled that the Second Amendment protects the right to carry guns in public for self-defense in New York State Rifle & Pistol Association, Inc. v. Bruen in 2022.[23][24] Previously, federal appeals courts had issued conflicting rulings on this point. For example, the United States Court of Appeals for the Seventh Circuit ruled in 2012 that it does, saying, "The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside."[25] However, the Tenth Circuit Court ruled in 2013 that it does not, saying, "In light of our nation's extensive practice of restricting citizen's freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections."[26] More recently, the Ninth Circuit Court ruled in its 2016 decision Peruta v. San Diego County that the Second Amendment does not guarantee the right of gun owners to carry concealed firearms in public.[27]

Eligible people edit

 
Household firearm ownership rate by U.S. state in 2016
 
U.S. gun sales have risen steadily in the 21st century, peaking in 2020 during the COVID-19 pandemic.[28] "NICS" is the FBI's National Instant Background Check System.

The following are eligible to possess and own firearms within the United States,[29][30] though further restrictions apply:

  1. admitted into the United States for lawful hunting or sporting purposes
  2. possesses a lawful hunting license or permit issued by any US state
  3. an official representative of a foreign government who is accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States or is en route to or from another country to which that alien is accredited
  4. an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State
  5. a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business
  6. has received a waiver from the United States Attorney General, as long as the waiver petition shows this would be in the interests of justice and would not jeopardize the public safety under 18 U.S. Code § 922(y)(3)(c)[36]
  7. non-resident of any US state unless the receipt of firearms are for lawful sporting purposes[37]

Each state has its own laws regarding who is allowed to own or possess firearms, and there are various state and federal permitting and background check requirements. Controversy continues over which classes of people, such as convicted felons, people with severe or violent mental illness,[38] and people on the federal no-fly list, should be excluded.[39][40] Laws in these areas vary considerably, and enforcement is in flux.

Prohibited people edit

 
Multiple studies show that where people have easy access to firearms, gun-related deaths tend to be more frequent, including by suicide, homicide and unintentional injuries.[41]

The Gun Control Act of 1968 prohibits certain classes of people from buying, selling, using, owning, receiving, shipping, carrying, possessing or exchanging any firearm or ammunition.[1][42] Those prohibited include any individual who:

These categories are listed on ATF Form 4473 – Firearms Transaction Record background check form.[47] According to the US Sentencing Commission, approximately 5,000 to 6,000 prohibited people a year are convicted of unlawfully receiving or possessing a firearm.[48] In 2017, over 25.2 million background checks were performed.[49]

Manufacturers edit

Under United States law, any company or gunsmith which in the course of its business manufactures firearms of finished frames and receivers, or modifies firearms for resale, must be licensed as a manufacturer of firearms.[50] These regulations do not apply to manufacturers of kit components and non-firearms like so-called "80% receivers".[51]

See also edit

References edit

  1. ^ a b "Summary of Federal Firearms Laws" (PDF). U.S. Dept. of Justice. September 2010. Retrieved January 19, 2021.
  2. ^ "Federal Gun Control Legislation – Timeline". Infoplease.com. Retrieved November 14, 2013.
  3. ^ . Policyalmanac.org. Archived from the original on April 19, 2014. Retrieved November 14, 2013.
  4. ^ Volokh, Eugene (2006). "State Constitutional Right to Keep and Bear Arms Provisions". UCLA School of Law. Retrieved November 23, 2011.
  5. ^ "New York Civil Rights – Article 2 – § 4 Right to Keep and Bear Arms". Law and Legal Research. March 30, 2010. Retrieved November 23, 2011.
  6. ^ Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling", New York Times. Retrieved February 21, 2015.
  7. ^ "New York Gun Carry Ban Unconstitutional, Supreme Court Rules in FPC-Supported Case; Court Addresses "Scrutiny" for Second Amendment Litigation". Firearms Policy Coalition. June 23, 2022. Retrieved June 30, 2022.
  8. ^ Gray, Sarah. "Here's a Timeline of the Major Gun Control Laws in America". time.com. Time. Retrieved April 17, 2019.
  9. ^ a b c d "Prohibition-Era Gang Violence Spurred Congress To Pass First Gun Law". www.npr.org. National Public Radio (NPR). Retrieved February 4, 2022.
  10. ^ a b Burrus, Trevor (January 30, 2013). "How Shameful Policies Increase America's Gun Violence". www.huffpost.com. The Huffington Post. Retrieved February 4, 2022.
  11. ^ a b Stooksberry, Jay (August 8, 2016). "Want to Stop Gun Violence? End The War On Drugs". fee.org. Foundation for Economic Education. Retrieved February 4, 2022.
  12. ^ a b Frankel, Todd C.; Boburg, Shawn; Dawsey, Josh; Parker, Ashley; Horton, Alex (March 27, 2023). "The gun that divides a nation". The Washington Post. from the original on March 27, 2023. Frankel et al. credit: "Source: National Shooting Sports Foundation and Bureau of Alcohol, Tobacco, Firearms and Explosives." Frankel et al. quote: "The shift began after the 2004 expiration of a federal assault weapons ban that had blocked the sales of many semiautomatic rifles. A handful of manufacturers saw a chance to ride a post-9/11 surge in military glorification while also stoking a desire among new gun owners to personalize their weapons with tactical accessories."
  13. ^ Folajtar v. Attorney General, No. 19-1687, at *6 (3d Cir. November 24, 2020)
  14. ^ Greenhouse, Linda (June 27, 2008). "Justices Rule for Individual Gun Rights", The New York Times. Retrieved February 15, 2015.
  15. ^ Scalia, Antonin (June 26, 2008). "District of Columbia et al. v. Heller, Certiorari to the United States Court of Appeals for the District of Columbia Circuit, No. 07–290. Argued March 18, 2008" (PDF): 2. Retrieved February 25, 2013. {{cite journal}}: Cite journal requires |journal= (help)
  16. ^ Cooper, Matthew (January 19, 2013). . National Journal. National Journal Group. Archived from the original on January 7, 2014. Retrieved January 6, 2014.
  17. ^ Linda Greenhouse (June 27, 2008). "Justices Rule for Individual Gun Rights". The New York Times. Retrieved June 27, 2008.
  18. ^ See "District of Columbia v. Heller: The Individual Right to Bear Arms" (PDF) January 11, 2014, at the Wayback Machine (comment), Harvard Law Review, Vol. 122, pp. 141–142 (2008): "Justice Stevens filed a dissenting opinion, agreeing with the majority that the Second Amendment confers an individual right, but disagreeing as to the scope of that right. ... Justices Souter, Ginsburg, and Breyer joined Justice Stevens's opinion."
  19. ^ Bhagwat, A. (2010). The Myth of Rights: The Purposes and Limits of Constitutional Rights. New York: Oxford University Press. pp. 16–17. ISBN 9780195377781. Justice Stevens begins his opinion by conceding Justice Scalia's point that the Second Amendment right is an 'individual' one, in the sense that '[s]urely it protects a right that can be enforced by individuals.' He concludes, however, that all of the historical context, and all of the evidence surrounding the drafting of the Second Amendment, supports the view that the Second Amendment protects only a right to keep and bear arms in the context of militia service.
  20. ^ Bennett, R.; Solum, L. (2011). Constitutional originalism : A Debate. Ithaca, NY: Cornell University Press. p. 29. ISBN 9780801447938. In both dissents, the clear implication is that if the purpose of the Second Amendment is militia–related, it follows that the amendment does not create a legal rule that protects an individual right to possess and carry fire arms outside the context of service in a state militia.
  21. ^ Schultz, D.A. (2009). Encyclopedia of the United States Constitution. New York: Infobase Publishing. p. 201. ISBN 9781438126777. Justice John Paul Stevens argued that the debate over the Second Amendment was not whether it protected an individual or collective right but, instead, over the scope of the right to bear arms.
  22. ^ Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling", The New York Times. Retrieved February 15, 2015.
  23. ^ Liptak, Adam (April 15, 2013). "Justices Refuse Case on Gun Law in New York", The New York Times. Retrieved February 15, 2015.
  24. ^ "New York gun rights case before Supreme Court with massive consequences". July 23, 2021.
  25. ^ Long, Ray; Sweeney, Annie; Garcia, Monique (December 11, 2012). "Concealed Carry: Court Strikes Down Illinois' Ban", Chicago Tribune. Retrieved February 15, 2015.
  26. ^ Associated Press (February 23, 2013). "Court Finds No Right to Conceal a Firearm", The New York Times. Retrieved February 15, 2015.
  27. ^ Nagourney, Adam; Eckholm, Erik (June 9, 2016). "2nd Amendment Does Not Guarantee Right to Carry Concealed Guns, Court Rules", The New York Times. Retrieved June 9, 2016.
  28. ^ Gun sale data from: Brownlee, Chip (December 30, 2022). "Gun Violence in 2022, By the Numbers". The Trace. from the original on April 4, 2023. Annual gun sales estimates are based on data from the FBI's National Instant Background Check System ——— NICS firearm check data downloaded via link at "NICS Firearm Background Checks: Month/Year" (PDF). FBI.gov. Federal Bureau of Investigation. March 31, 2023. (PDF) from the original on April 20, 2023.
  29. ^ "U.S.C. Title 18 – Crimes and Criminal Procedure". www.govinfo.gov.
  30. ^ "May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?". Atf.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved November 2, 2017.   This article incorporates text from this source, which is in the public domain.
  31. ^ "Gun Conviction and Immigration Law". Michigan Criminal Attorneys Blog. December 8, 2017. Retrieved March 31, 2022.
  32. ^ Matter of H-N-, 22 I&N Dec. 1039   This article incorporates text from this source, which is in the public domain., 1040-45 (BIA 1999) (en banc).
  33. ^ 8 U.S.C. § 1101(a)(13)(A) ("The terms 'admission' and 'admitted' mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer."); Matter of D-K-, 25 I&N Dec. 761   This article incorporates text from this source, which is in the public domain., 765-66 (BIA 2012).
  34. ^ "18 U.S. Code § 922 – Unlawful acts". LII / Legal Information Institute.
  35. ^ May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?   This article incorporates text from this source, which is in the public domain.
  36. ^ "18 U.S. Code § 922 – Unlawful acts". LII / Legal Information Institute. Retrieved November 2, 2017.
  37. ^ https://www.govregs.com/regulations/title27_chapterII_part478_subpartC_section478.29a US Code of Federal Regulations – Title 27 – Chapter II – Subpart C – 478.29a – acquisition of firearms by nonresidents   This article incorporates text from this source, which is in the public domain.
  38. ^ Taylor, Jessica (February 2, 2017). "House Votes To Overturn Obama Rule Restricting Gun Sales To The Severely Mentally Ill". Npr.org. Retrieved November 2, 2017.
  39. ^ "Holloway v. Garland".
  40. ^ "Folajtar v. Barr".
  41. ^ Fox, Kara; Shveda, Krystina; Croker, Natalie; Chacon, Marco (November 26, 2021). "How US gun culture stacks up with the world". CNN. from the original on November 26, 2021. CNN's attribution: Developed countries are defined based on the UN classification, which includes 36 countries. Source: Institute for Health Metrics and Evaluation (Global Burden of Disease 2019), Small Arms Survey (Civilian Firearm Holdings 2017)
  42. ^ https://www.atf.gov/firearms/identify-prohibited-persons   This article incorporates text from this source, which is in the public domain.
  43. ^ Holloway v. Attorney General, 948 F.3d 164   This article incorporates text from this source, which is in the public domain., 169 (3d Cir. 2020); 18 U.S.C. § 921(a)(20); 18 U.S.C. § 927.
  44. ^ https://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm   This article incorporates text from this source, which is in the public domain.
  45. ^ United States v. Torres, 911 F.3d 1253   This article incorporates text from this source, which is in the public domain., 1255 (9th Cir. 2019); 8 U.S.C. § 1365(b) ("An illegal alien ... is any alien ... who is in the United States unlawfully....").
  46. ^ Rehaif v. United States, 139 S. Ct. 2191   This article incorporates text from this source, which is in the public domain., 2194 (2019); United States v. Singh, 979 F.3d 697   This article incorporates text from this source, which is in the public domain. (9th Cir. 2020) ("B1/B2 nonimmigrant visa holders do not automatically qualify for § 922(y)(2)'s exception and, by a plain reading of the statute, are subject to the prohibition on gun possession."); United States v. Gear, No. 19-10353   This article incorporates text from this source, which is in the public domain. (9th Cir. January 19, 2021); United States v. Mora-Alcaraz, No. 19-10323   This article incorporates text from this source, which is in the public domain. (9th Cir. January 21, 2021).
  47. ^ https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download   This article incorporates text from this source, which is in the public domain.
  48. ^ https://www.ussc.gov/research/quick-facts/section-922g-firearms   This article incorporates text from this source, which is in the public domain.
  49. ^ NICS Firearm Background Checks, November 30, 1998 – October 31, 2020   This article incorporates text from this source, which is in the public domain.
  50. ^ . ATF.gov. 2015. Archived from the original on July 10, 2014. Retrieved February 24, 2015.
  51. ^ Dan Zimmerman (July 1, 2023). "Federal Judge Throws Out ATF's Frame or Receiver Rule That Redefined What Constitutes a Firearm". TTAG.com. TTAG. Retrieved July 4, 2023.

External links edit

  • Giffords Law Center to Prevent Gun Violence – Key Congressional Acts Related to Firearms
  • National Rifle Association – Citizen's Guide To Federal Firearms Laws – Summary

united, states, this, article, about, federal, laws, state, local, laws, laws, united, states, state, united, states, right, keep, bear, arms, modulated, variety, state, federal, statutes, these, laws, generally, regulate, manufacture, trade, possession, trans. This article is about federal gun laws For state and local gun laws see Gun laws in the United States by state In the United States the right to keep and bear arms is modulated by a variety of state and federal statutes These laws generally regulate the manufacture trade possession transfer record keeping transport and destruction of firearms ammunition and firearms accessories 1 They are enforced by state local and the federal agencies which include the Bureau of Alcohol Tobacco Firearms and Explosives ATF The private right to keep and bear arms is protected by the Second Amendment of the United States Constitution This protection was not legally explicit until the U S Supreme Court ruled that the Amendment defined and protected an individual right unconnected with militia service in District of Columbia v Heller 2008 A subsequent holding in McDonald v City of Chicago 2010 ruled that the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and thereby applies to state and local laws In New York State Rifle amp Pistol Association Inc v Bruen 2022 the Court struck down New York s may issue system of granting concealed carry licenses and further held that any regulation of firearms in the United States is presumed unlawful unless it respects the text history and tradition of the American legal treatment of the Second Amendment Contents 1 Major federal gun laws 1 1 Overview of current regulations 2 History 3 Second Amendment 4 Eligible people 5 Prohibited people 6 Manufacturers 7 See also 8 References 9 External linksMajor federal gun laws edit nbsp Gun show in the U S Most federal gun laws are found in the following acts 2 3 National Firearms Act NFA 1934 Taxes the manufacture and transfer of and mandates the registration of Title II weapons such as machine guns short barreled rifles and shotguns heavy weapons explosive ordnance suppressors and disguised or improvised firearms Federal Firearms Act of 1938 FFA Requires that gun manufacturers importers and those in the business of selling firearms have a Federal Firearms License FFL Prohibits the transfer of firearms to certain classes of people such as convicted felons Omnibus Crime Control and Safe Streets Act of 1968 1968 Prohibited interstate trade in handguns increased the minimum age to 21 for buying handguns Gun Control Act of 1968 GCA Focuses primarily on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers dealers and importers Firearm Owners Protection Act FOPA 1986 Revised and partially repealed the Gun Control Act of 1968 Prohibited the sale to civilians of automatic firearms manufactured after the date of the law s passage Required ATF approval of transfers of automatic firearms Undetectable Firearms Act 1988 Effectively criminalizes with a few exceptions the manufacture importation sale shipment delivery possession transfer or receipt of firearms with less than 3 7 oz of metal content Gun Free School Zones Act 1990 Prohibits unauthorized individuals from knowingly possessing a firearm at a place that the individual knows or has reasonable cause to believe is a school zone Brady Handgun Violence Prevention Act 1993 Requires background checks on most firearm purchasers depending on seller and venue Federal Assault Weapons Ban 1994 2004 Banned semiautomatics that looked like assault weapons and large capacity ammunition feeding devices The law expired in 2004 Law Enforcement Officers Safety Act 2004 Granted law enforcement officers and former law enforcement officers the right to carry a concealed firearm in any jurisdiction in the United States regardless of state or local laws with certain exceptions Protection of Lawful Commerce in Arms Act 2005 Prevents firearms manufacturers and licensed dealers from being held liable for negligence when crimes have been committed with their products Bipartisan Safer Communities Act 2022 Expands background checks for purchasers under 21 to include their juvenile records requires more sellers to have an FFL funds state crisis intervention programs further criminalizes arms trafficking and straw purchases and closes the boyfriend loophole Overview of current regulations edit Fugitives those convicted of a felony with a sentence exceeding 1 year past or present and those who were involuntarily admitted to a mental facility are prohibited from purchasing a firearm unless rights restored Forty four states have a provision in their state constitutions similar to the Second Amendment to the United States Constitution which protects the right to keep and bear arms The exceptions are California Iowa Maryland Minnesota New Jersey and New York In New York however the statutory civil rights laws contain a provision virtually identical to the Second Amendment 4 5 Additionally the U S Supreme Court held in McDonald v Chicago 2010 that the protections of the Second Amendment to keep and bear arms for self defense in one s home apply against state governments and their political subdivisions 6 In New York State Rifle amp Pistol Association Inc v Bruen the Supreme Court ruled that states could not require proper cause or a special need when issuing a license for concealed carry 7 History editSee also History of concealed carry in the U S Important events regarding gun legislation occurred in the following years 8 In 1791 the United States Bill of Rights were ratified which included the Second Amendment to the United States Constitution which stated that 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 In 1934 the National Firearms Act NFA was signed into law under President Franklin D Roosevelt s Administration in an effort to curb prohibition era violence 9 10 Between 1920 and 1933 the homicide rate in the United States had been rising year over year as an example of the unintended consequences of passing Prohibition into law and the concomitant violence associated with making illegal a widely in demand product 9 11 The NFA is considered to be the first federal legislation to enforce gun control in the United States imposing a 200 tax equivalent to approximately 3 942 in 2022 on the manufacture and transfer of Title II weapons It also mandated the registration of machine guns short barreled rifles and shotguns heavy weapons explosive ordnance suppressors and disguised or improvised firearms When Prohibition was ultimately repealed in 1933 and the monopoly on alcohol maintained by organized crime was ended there was a significant decline in the homicide rate 9 10 In fact homicides continued to diminish each year for eleven years straight after the repeal of Prohibition 9 11 In 1938 President Franklin D Roosevelt signed the Federal Firearms Act of 1938 FFA into law requiring that all gun related businesses must have a Federal Firearms License FFL In 1939 through the court case United States v Miller the Supreme Court of the United States ruled that Congress could regulate interstate selling sawed off shotguns through the National Firearms Act of 1934 deeming that such a weapon has no reasonable relationship with the efficiency of a well regulated militia In 1968 following the spree of political assassinations including the assassination of John F Kennedy the assassination of Robert F Kennedy and the assassination of Martin Luther King Jr President Lyndon B Johnson pushed Congress for the Gun Control Act of 1968 GCA It repealed and replaced the FFA regulated destructive devices such as bombs mines grenades and other explosives expanded the definition of machine gun required the serialization of manufactured or imported guns banned importing military style weapons and imposed a 21 age minimum on the purchasing of handguns from FFLs The GCA also prohibited the selling of firearms to felons and the mentally ill In 1986 contrary to prior gun legislation the Firearm Owners Protection Act FOPA 1986 passed under the Ronald Reagan administration enacted protections for gun owners It prohibited a national registry of dealer records limited ATF inspections to conduct annual inspections unless multiple infractions have been observed allowed licensed dealers to sell firearms at gun shows in their state and loosened regulations on the sale and transfer of ammunition However the FOPA also prohibited civilian ownership or transfer of machine guns made after May 19 1986 and redefined silencer to include silencer parts nbsp History of concealed carry laws nbsp After the 2004 expiration of the Federal Assault Weapons Ban the firearms industry embraced the AR 15 s political and cultural significance for marketing 12 Almost every major gunmaker produces its own version with 16 million Americans owning at least one 12 In 1993 the Brady Handgun Violence Prevention Act named after a White House press secretary who was disabled during the attempted assassination of Ronald Reagan was signed into law under the presidency of Bill Clinton This act required that background checks must be conducted on gun purchases and established a criminal background check system maintained by the FBI In 1994 the Violent Crime Control and Law Enforcement Act was signed into law under the presidency of Bill Clinton which included the Federal Assault Weapons Ban effectively banned the manufacturing selling and possession of specific military style assault weapons such as AR 15 style rifles and banned high capacity ammunition magazines that held over 10 rounds Banned arms that were previously legally possessed were grandfathered The ban expired in September 2004 In 2003 the Tiahrt Amendment proposed by Kansas Representative Todd Tiahrt limited the ATF to only release information from its firearms trace database to only law enforcement agencies or a prosecutors in connection with a criminal investigation In 2005 The Protection of Lawful Commerce in Arms Act was signed into law under the presidency of George W Bush This act protected gun manufacturers from being named in federal or state civil suits by those who were victims of crimes involving guns made by that company In 2008 the Supreme Court ruled in the case District of Columbia v Heller that the Second Amendment is an individual right to possess a firearm unconnected with service in a militia and struck down Washington D C s handgun ban But the Supreme Court also stated that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated In 2010 the Supreme Court ruled in the case McDonald v Chicago that the Second Amendment is incorporated and thus applies against the states In 2016 the Supreme Court ruled in the case Caetano v Massachusetts that the Second Amendment extends prima facie to all instruments that constitute bearable arms even those that were not in existence at the time of the founding In 2022 the Supreme Court ruled in the case New York State Rifle amp Pistol Association Inc v Bruen that the Second and Fourteenth Amendments protect an individual s right to carry a handgun for self defense outside the home and that the State s may issue licensing regime violates the Constitution Second Amendment editThe right to keep and bear arms in the United States is protected by the Second Amendment to the U S Constitution 13 While there have been contentious debates on the nature of this right there was a lack of clear federal court rulings defining the right until the two landmark U S Supreme Court cases of District of Columbia v Heller 2008 and McDonald v City of Chicago 2010 An individual right to own a gun for personal use was affirmed in Heller which overturned a handgun ban in the federal District of Columbia 14 In the Heller decision the court s majority opinion said that the Second Amendment protects the right of law abiding responsible citizens to use arms in defense of hearth and home However in delivering the majority opinion Supreme Court Justice Antonin Scalia wrote on the Second Amendment not being an unlimited right Like most rights the Second Amendment right is not unlimited It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose For example concealed weapons prohibitions have been upheld under the Amendment or state analogues The Court s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings or laws imposing conditions and qualifications on the commercial sale of arms 15 16 The four dissenting justices argued that the majority had broken prior precedent on the Second Amendment 17 and took the position that the amendment refers to an individual right but only in the context of militia service 18 19 20 21 In McDonald the Supreme Court ruled that because of the incorporation of the Bill of Rights the guarantee of an individual right to bear arms applies to state and local gun control laws and not just federal laws 22 The Supreme Court ruled that the Second Amendment protects the right to carry guns in public for self defense in New York State Rifle amp Pistol Association Inc v Bruen in 2022 23 24 Previously federal appeals courts had issued conflicting rulings on this point For example the United States Court of Appeals for the Seventh Circuit ruled in 2012 that it does saying The Supreme Court has decided that the amendment confers a right to bear arms for self defense which is as important outside the home as inside 25 However the Tenth Circuit Court ruled in 2013 that it does not saying In light of our nation s extensive practice of restricting citizen s freedom to carry firearms in a concealed manner we hold that this activity does not fall within the scope of the Second Amendment s protections 26 More recently the Ninth Circuit Court ruled in its 2016 decision Peruta v San Diego County that the Second Amendment does not guarantee the right of gun owners to carry concealed firearms in public 27 Eligible people edit nbsp Household firearm ownership rate by U S state in 2016 nbsp U S gun sales have risen steadily in the 21st century peaking in 2020 during the COVID 19 pandemic 28 NICS is the FBI s National Instant Background Check System The following are eligible to possess and own firearms within the United States 29 30 though further restrictions apply Citizens of the United States Nationals but not citizens of the United States Lawful permanent residents of the United States also known as green card holders 31 Aliens or foreign nationals who have been lawfully admitted to the United States as refugees 32 Aliens or foreign nationals who have been lawfully admitted to the United States under nonimmigrant visas 33 but only if they fall under one of the following exceptions 34 35 admitted into the United States for lawful hunting or sporting purposes possesses a lawful hunting license or permit issued by any US state an official representative of a foreign government who is accredited to the United States Government or the Government s mission to an international organization having its headquarters in the United States or is en route to or from another country to which that alien is accredited an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business has received a waiver from the United States Attorney General as long as the waiver petition shows this would be in the interests of justice and would not jeopardize the public safety under 18 U S Code 922 y 3 c 36 non resident of any US state unless the receipt of firearms are for lawful sporting purposes 37 Each state has its own laws regarding who is allowed to own or possess firearms and there are various state and federal permitting and background check requirements Controversy continues over which classes of people such as convicted felons people with severe or violent mental illness 38 and people on the federal no fly list should be excluded 39 40 Laws in these areas vary considerably and enforcement is in flux Prohibited people edit nbsp Multiple studies show that where people have easy access to firearms gun related deaths tend to be more frequent including by suicide homicide and unintentional injuries 41 The Gun Control Act of 1968 prohibits certain classes of people from buying selling using owning receiving shipping carrying possessing or exchanging any firearm or ammunition 1 42 Those prohibited include any individual who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year 43 is a fugitive from justice is an unlawful user of or addicted to any controlled substance as defined in section 102 of the Controlled Substances Act 44 codified at 21 U S C 802 has been adjudicated as a mental defective or has been involuntarily committed to any mental institution is an illegal alien i e any person who is unlawfully in the United States 45 has been lawfully admitted as an alien under a nonimmigrant visa and is not exempt under 18 U S C 922 y 2 46 has been discharged from the Armed Forces under dishonorable conditions has renounced his or her United States nationality i e became a foreign national is subject to a court order including Domestic Violence Protective Orders as per USC Title 18 922 G 8 restraining the person from harassing stalking or threatening an intimate partner or child of the intimate partner or has been convicted of a misdemeanor crime of domestic violenceThese categories are listed on ATF Form 4473 Firearms Transaction Record background check form 47 According to the US Sentencing Commission approximately 5 000 to 6 000 prohibited people a year are convicted of unlawfully receiving or possessing a firearm 48 In 2017 over 25 2 million background checks were performed 49 Manufacturers editUnder United States law any company or gunsmith which in the course of its business manufactures firearms of finished frames and receivers or modifies firearms for resale must be licensed as a manufacturer of firearms 50 These regulations do not apply to manufacturers of kit components and non firearms like so called 80 receivers 51 See also edit nbsp United States portal nbsp Law portalAmerican gun ownership Concealed carry in the United States Firearm case law in the United States Gun culture in the United States Gun politics in the United States Second Amendment sanctuary Index of gun politics articlesReferences edit a b Summary of Federal Firearms Laws PDF U S Dept of Justice September 2010 Retrieved January 19 2021 Federal Gun Control Legislation Timeline Infoplease com Retrieved November 14 2013 Crime Control The Federal Response Policyalmanac org Archived from the original on April 19 2014 Retrieved November 14 2013 Volokh Eugene 2006 State Constitutional Right to Keep and Bear Arms Provisions UCLA School of Law Retrieved November 23 2011 New York Civil Rights Article 2 4 Right to Keep and Bear Arms Law and Legal Research March 30 2010 Retrieved November 23 2011 Liptak Adam June 28 2010 Justices Extend Firearm Rights in 5 to 4 Ruling New York Times Retrieved February 21 2015 New York Gun Carry Ban Unconstitutional Supreme Court Rules in FPC Supported Case Court Addresses Scrutiny for Second Amendment Litigation Firearms Policy Coalition June 23 2022 Retrieved June 30 2022 Gray Sarah Here s a Timeline of the Major Gun Control Laws in America time com Time Retrieved April 17 2019 a b c d Prohibition Era Gang Violence Spurred Congress To Pass First Gun Law www npr org National Public Radio NPR Retrieved February 4 2022 a b Burrus Trevor January 30 2013 How Shameful Policies Increase America s Gun Violence www huffpost com The Huffington Post Retrieved February 4 2022 a b Stooksberry Jay August 8 2016 Want to Stop Gun Violence End The War On Drugs fee org Foundation for Economic Education Retrieved February 4 2022 a b Frankel Todd C Boburg Shawn Dawsey Josh Parker Ashley Horton Alex March 27 2023 The gun that divides a nation The Washington Post Archived from the original on March 27 2023 Frankel et al credit Source National Shooting Sports Foundation and Bureau of Alcohol Tobacco Firearms and Explosives Frankel et al quote The shift began after the 2004 expiration of a federal assault weapons ban that had blocked the sales of many semiautomatic rifles A handful of manufacturers saw a chance to ride a post 9 11 surge in military glorification while also stoking a desire among new gun owners to personalize their weapons with tactical accessories Folajtar v Attorney General No 19 1687 at 6 3d Cir November 24 2020 Greenhouse Linda June 27 2008 Justices Rule for Individual Gun Rights The New York Times Retrieved February 15 2015 Scalia Antonin June 26 2008 District of Columbia et al v Heller Certiorari to the United States Court of Appeals for the District of Columbia Circuit No 07 290 Argued March 18 2008 PDF 2 Retrieved February 25 2013 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Cooper Matthew January 19 2013 Why Liberals Should Thank Justice Scalia for Gun Control His ruling in a key Supreme Court case leans on original intent and will let Obama push his proposals National Journal National Journal Group Archived from the original on January 7 2014 Retrieved January 6 2014 Linda Greenhouse June 27 2008 Justices Rule for Individual Gun Rights The New York Times Retrieved June 27 2008 See District of Columbia v Heller The Individual Right to Bear Arms PDF Archived January 11 2014 at the Wayback Machine comment Harvard Law Review Vol 122 pp 141 142 2008 Justice Stevens filed a dissenting opinion agreeing with the majority that the Second Amendment confers an individual right but disagreeing as to the scope of that right Justices Souter Ginsburg and Breyer joined Justice Stevens s opinion Bhagwat A 2010 The Myth of Rights The Purposes and Limits of Constitutional Rights New York Oxford University Press pp 16 17 ISBN 9780195377781 Justice Stevens begins his opinion by conceding Justice Scalia s point that the Second Amendment right is an individual one in the sense that s urely it protects a right that can be enforced by individuals He concludes however that all of the historical context and all of the evidence surrounding the drafting of the Second Amendment supports the view that the Second Amendment protects only a right to keep and bear arms in the context of militia service Bennett R Solum L 2011 Constitutional originalism A Debate Ithaca NY Cornell University Press p 29 ISBN 9780801447938 In both dissents the clear implication is that if the purpose of the Second Amendment is militia related it follows that the amendment does not create a legal rule that protects an individual right to possess and carry fire arms outside the context of service in a state militia Schultz D A 2009 Encyclopedia of the United States Constitution New York Infobase Publishing p 201 ISBN 9781438126777 Justice John Paul Stevens argued that the debate over the Second Amendment was not whether it protected an individual or collective right but instead over the scope of the right to bear arms Liptak Adam June 28 2010 Justices Extend Firearm Rights in 5 to 4 Ruling The New York Times Retrieved February 15 2015 Liptak Adam April 15 2013 Justices Refuse Case on Gun Law in New York The New York Times Retrieved February 15 2015 New York gun rights case before Supreme Court with massive consequences July 23 2021 Long Ray Sweeney Annie Garcia Monique December 11 2012 Concealed Carry Court Strikes Down Illinois Ban Chicago Tribune Retrieved February 15 2015 Associated Press February 23 2013 Court Finds No Right to Conceal a Firearm The New York Times Retrieved February 15 2015 Nagourney Adam Eckholm Erik June 9 2016 2nd Amendment Does Not Guarantee Right to Carry Concealed Guns Court Rules The New York Times Retrieved June 9 2016 Gun sale data from Brownlee Chip December 30 2022 Gun Violence in 2022 By the Numbers The Trace Archived from the original on April 4 2023 Annual gun sales estimates are based on data from the FBI s National Instant Background Check System NICS firearm check data downloaded via link at NICS Firearm Background Checks Month Year PDF FBI gov Federal Bureau of Investigation March 31 2023 Archived PDF from the original on April 20 2023 U S C Title 18 Crimes and Criminal Procedure www govinfo gov May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States Atf gov Bureau of Alcohol Tobacco Firearms and Explosives Retrieved November 2 2017 nbsp This article incorporates text from this source which is in the public domain Gun Conviction and Immigration Law Michigan Criminal Attorneys Blog December 8 2017 Retrieved March 31 2022 Matter of H N 22 I amp N Dec 1039 nbsp This article incorporates text from this source which is in the public domain 1040 45 BIA 1999 en banc 8 U S C 1101 a 13 A The terms admission and admitted mean with respect to an alien the lawful entry of the alien into the United States after inspection and authorization by an immigration officer Matter of D K 25 I amp N Dec 761 nbsp This article incorporates text from this source which is in the public domain 765 66 BIA 2012 18 U S Code 922 Unlawful acts LII Legal Information Institute May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States nbsp This article incorporates text from this source which is in the public domain 18 U S Code 922 Unlawful acts LII Legal Information Institute Retrieved November 2 2017 https www govregs com regulations title27 chapterII part478 subpartC section478 29a US Code of Federal Regulations Title 27 Chapter II Subpart C 478 29a acquisition of firearms by nonresidents nbsp This article incorporates text from this source which is in the public domain Taylor Jessica February 2 2017 House Votes To Overturn Obama Rule Restricting Gun Sales To The Severely Mentally Ill Npr org Retrieved November 2 2017 Holloway v Garland Folajtar v Barr Fox Kara Shveda Krystina Croker Natalie Chacon Marco November 26 2021 How US gun culture stacks up with the world CNN Archived from the original on November 26 2021 CNN s attribution Developed countries are defined based on the UN classification which includes 36 countries Source Institute for Health Metrics and Evaluation Global Burden of Disease 2019 Small Arms Survey Civilian Firearm Holdings 2017 https www atf gov firearms identify prohibited persons nbsp This article incorporates text from this source which is in the public domain Holloway v Attorney General 948 F 3d 164 nbsp This article incorporates text from this source which is in the public domain 169 3d Cir 2020 18 U S C 921 a 20 18 U S C 927 https www deadiversion usdoj gov 21cfr 21usc 802 htm nbsp This article incorporates text from this source which is in the public domain United States v Torres 911 F 3d 1253 nbsp This article incorporates text from this source which is in the public domain 1255 9th Cir 2019 8 U S C 1365 b An illegal alien is any alien who is in the United States unlawfully Rehaif v United States 139 S Ct 2191 nbsp This article incorporates text from this source which is in the public domain 2194 2019 United States v Singh 979 F 3d 697 nbsp This article incorporates text from this source which is in the public domain 9th Cir 2020 B1 B2 nonimmigrant visa holders do not automatically qualify for 922 y 2 s exception and by a plain reading of the statute are subject to the prohibition on gun possession United States v Gear No 19 10353 nbsp This article incorporates text from this source which is in the public domain 9th Cir January 19 2021 United States v Mora Alcaraz No 19 10323 nbsp This article incorporates text from this source which is in the public domain 9th Cir January 21 2021 https www atf gov firearms docs 4473 part 1 firearms transaction record over counter atf form 53009 download nbsp This article incorporates text from this source which is in the public domain https www ussc gov research quick facts section 922g firearms nbsp This article incorporates text from this source which is in the public domain NICS Firearm Background Checks November 30 1998 October 31 2020 nbsp This article incorporates text from this source which is in the public domain Firearms Frequently Asked Questions Manufacturers ATF gov 2015 Archived from the original on July 10 2014 Retrieved February 24 2015 Dan Zimmerman July 1 2023 Federal Judge Throws Out ATF s Frame or Receiver Rule That Redefined What Constitutes a Firearm TTAG com TTAG Retrieved July 4 2023 External links editGiffords Law Center to Prevent Gun Violence Key Congressional Acts Related to Firearms National Rifle Association Citizen s Guide To Federal Firearms Laws Summary Retrieved from https en wikipedia org w index php title Gun law in the United States amp oldid 1182010825, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.