FACTOID # 73: 62% of Bulgarians describe themselves as either 'not very' or 'not at all' happy.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Gun law in the United States
U.S. Firearms
Legal Topics
Assault weapons ban
ATF (law enforcement)
Brady Handgun Act
Federal Firearms License
Firearm case law
Firearm Owners Protection Act
Gun Control Act of 1968
Gun laws in the U.S. — by state
Gun laws in the U.S. — federal
Gun politics in the U.S.
National Firearms Act
Second Amendment
Straw purchase
Sullivan Act (New York)
Violent Crime Control Act

In the United States of America, the protection against infringement of the right to bear arms is addressed in the Second Amendment to the United States Constitution. Most federal gun laws are spelled out in one of the following: // Legal Topics Primary Organizations Liberty Belles Prominent individuals Advocates of firearms Gary Kleck Charlton Heston Wayne LaPierre John Lott Ted Nugent Advocates of firearms control Darrell Scotts Congressoinal Speech Michael D. Barnes Michael Bellesiles James Brady Sarah Brady Tom Diaz Arthur Kellermann Michael Moore (Bowling for Columbine) Josh Sugarmann... The Federal Assault Weapons Ban (AWB) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law of the United States that included a prohibition on the sale to civilians of certain semi-automatic assault weapons manufactured after the date of the bans... ATF Seal The Bureau of Alcohol, Tobacco, Firearms and Explosives (abbreviated ATF, sometimes BATF or BATFE) is a United States federal agency; more specifically a specialized law enforcement and regulatory organization within the United States Department of Justice. ... The Brady Handgun Violence Prevention Act of 1993, Pub. ... “Gun license” redirects here. ... Firearm case law decisions are numerous in the history of the United States. ... The Firearm Owners Protection Act (FOPA) is a United States federal law that revised many statutes in the Gun Control Act of 1968. ... The Gun Control Act of 1968, Pub. ... Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. ... Gun Politics, the political aspects of gun control and firearms rights, has long been among the most controversial and intractable issues in American politics. ... This article does not cite any references or sources. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... A straw purchase is any purchase where the buyer is not eligible to own the purchased item according to the law and therefore purchases the item through a proxy buyer. ... The Sullivan Act, also known as the Sullivan Law, is a controversial gun control law in New York State. ... The Violent Crime Control and Law Enforcement Act (1994) is a piece of legislation, sponsored by Rep. ... The right to bear arms refers to the right that individuals have to weapons. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from...

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). This article does not cite any references or sources. ... The Omnibus Crime Control Act of 1968 gave the rules for obtaining wiretap orders in the United States. ... The Gun Control Act of 1968, Pub. ... The Firearm Owners Protection Act (FOPA) is a United States federal law that revised many statutes in the Gun Control Act of 1968. ... The Brady Handgun Violence Prevention Act of 1993, Pub. ... The Federal Assault Weapons Ban (AWB) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law of the United States that included a prohibition on the sale to civilians of certain semi-automatic assault weapons manufactured after the date of the bans... Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. ...

Caution: U.S. firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include state or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.

Contents

Ineligible Persons

  • Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
  • 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
  • Undocumented Immigrants
  • Citizens who have renounced their citizenship
  • Those persons dishonorably discharged from the Armed Forces
  • Minors
  • Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner
  • Persons convicted in any court of a misdemeanor crime of domestic violence
  • 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
  • All incarcerated persons

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[1]
  • An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state
  • 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).

“Gun license” redirects here. ...

Sales Between Individuals

  • 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.)

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.[citation needed]
  • 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. A second conviction, if the firearm is a machine gun or is equipped with a silencer, brings life imprisonment without release.[citation needed]
  • Some states now allow CCW (Concealed Carry Weapon) permit holders to have more rights regarding protection out side 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.[citation needed]

Antiques

  • Under the United States Gun Control Act of 1968, antique firearms and replicas are largely exempted from the aforementioned restrictions. Antique firearms are defined as: any firearm with a frame or receiver manufactured in or before 1898 regardless of ignition system, or any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, and any replica of an antique firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. (Note: Antique firearms exemptions vary considerably under state laws.)

The Gun Control Act of 1968, Pub. ...

Shipping Firearms

  • Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL but may be shipped intrastate. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.
  • A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.
  • Firearms delivered to a common carrier for shipment must be accompanied by a written notice to the carrier of the contents of the shipment, if mailing to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors. Notice to the carrier is not required when shipping to one of the licensed entities aforementioned.

Transporting Firearms

  • A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.
  • Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.
  • Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard an aircraft. The Transportation Security Administration (TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long the firearm is unloaded.
  • Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.

TSA emblem The Transportation Security Administration (TSA) is a U.S. government agency that was created as part of the Aviation and Transportation Security Act passed by the U.S. Congress and signed into law by President George W. Bush on November 19, 2001. ...

Ammunition

  • As with firearms, shipments of ammunition must be accompanied by a written notice of the shipment's contents. It is unlawful for any licensed importer, dealer, manufacturer or collector to transfer shotgun, rifle, or handgun ammunition to anyone under the age of 18.
  • It is illegal to manufacture or sell armor-piercing handgun ammunition.

Dealers

  • 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.

ATF Seal The Bureau of Alcohol, Tobacco, Firearms and Explosives (abbreviated ATF, sometimes BATF or BATFE) is a United States federal agency; more specifically a specialized law enforcement and regulatory organization within the United States Department of Justice. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ...

Notes

  1. ^ Bureau of Alcohol, Tobacco, Firearms, and Explosives — Firearms — Frequently Asked Questions

References

  • A Citizen's Guide to Federal Firearms Laws, National Rifle Association of America, Institute for Legislative Action, 2006.
  • Carryconcealed.net State Laws regarding CCW Permits World Gun Issues (Pro-Gun site)


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.