Gun law in the United States
Encyclopedia
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
. While there have been vigorous debates on the nature of this right, there has been a lack of clear federal court rulings defining this right. The individual right to bear arms for self defense was affirmed in the landmark United States Supreme Court cases District of Columbia v. Heller
in 2008, which overturned a handgun ban in the Federal District of Columbia, and McDonald v. City of Chicago
in 2010, which incorporated the individual right to the states.
Federal gun laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF). Most federal gun laws were enacted through:
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).
(Under the American Economic Association
JEL
subject classification system
, academic books and articles on gun control are classed under JEL K42 "Illegal Behavior and the Enforcement of Law" reflecting that gun control is a criminal law
subject.)
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."
In 2008 case of District of Columbia v. Heller
, the Supreme Court
ruled that the Second Amendment protects an individual’s right to own a gun for personal use, unconnected with service in a militia. It also specifically stated that individuals have the right to keep a loaded gun at home for self-defense.
In 2010 the Supreme Court incorporated the right to apply to the states as well as the federal government in McDonald v. Chicago
.
Those who already own firearms would normally be required to relinquish them upon conviction.
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 minimum is one month. A second conviction, if the firearm is an automatic weapon or is equipped with a suppressor, brings life imprisonment without release.
, laws describing the bearing of arms are exclusively the business of state legislatures.
See: Gun laws in the United States (by state)
The carry of firearms for protection and other lawful purposes is legal in forty-nine states, either under license or as a matter of course. Illinois is the only state that both prohibits carry by statute, and does not issue a license exempting one from the statute.
Carry of firearms without any licensing requirements is legal in thirty-31 states, including: Alabama; Alaska; Arizona; Arkansas; Colorado; Delaware; Idaho; Kansas; Kentucky; Louisiana; Maine; Michigan; Missouri; Montana; Nebraska; Nevada; New Hampshire; New Mexico; North Carolina; Ohio; Oregon; Pennsylvania; South Dakota; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin and Wyoming. Some of these states' statutes prohibit carry in vehicles without a license; concealment without a license; concealment generally; or other restrictions.
See: Open carry in the United States and Concealed Carry in the United States
Gun Free School Zones Act of 1990
The Federal Gun Free School Zone Act of 1990 severely limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property-line of any K-12 school in the nation. A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to ATF
the exemption in Federal law is only applicable to permit holders while in the issuing State, and does not exempt travelers with out-of-state permits, even though the State may honor their permit through reciprocity agreements.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the protection against infringement of the right to keep and bear arms is addressed in the Second Amendment to the United States Constitution
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
. While there have been vigorous debates on the nature of this right, there has been a lack of clear federal court rulings defining this right. The individual right to bear arms for self defense was affirmed in the landmark United States Supreme Court cases District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
in 2008, which overturned a handgun ban in the Federal District of Columbia, and McDonald v. City of Chicago
McDonald v. Chicago
McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 , was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states...
in 2010, which incorporated the individual right to the states.
Federal gun laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
(ATF). Most federal gun laws were enacted through:
- National Firearms ActNational Firearms ActThe National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
(1934) - Omnibus Crime Control and Safe Streets Act of 1968Omnibus Crime Control and Safe Streets Act of 1968The Omnibus Crime Control and Safe Streets Act of 1968 was legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration . Title III of the Act set rules for obtaining wiretap orders in the United States. It has been started shortly after...
(1968) - Gun Control Act of 1968Gun Control Act of 1968The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
(1968) - Firearm Owners Protection ActFirearm Owners Protection ActThe Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...
(1986) - Gun-Free School Zones Act (1990) (ruled unconstitutional)
- Brady Handgun Violence Prevention ActBrady Handgun Violence Prevention ActThe Brady Handgun Violence Prevention Act is an Act of the United States Congress that, for the first time, instituted federal background checks on firearm purchasers in the United States....
(1993) - Federal Assault Weapons BanFederal assault weapons banThe Federal Assault Weapons Ban was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law in the United States that included a prohibition on the manufacture for civilian use of certain semi-automatic firearms, so called "assault weapons"...
(1994–2004) (expired)
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).
(Under the American Economic Association
American Economic Association
The American Economic Association, or AEA, is a learned society in the field of economics, headquartered in Nashville, Tennessee. It publishes one of the most prestigious academic journals in economics: the American Economic Review...
JEL
Journal of Economic Literature
The Journal of Economic Literature is a peer-reviewed academic journal on economy published by the American Economic Association. It was established in 1963 as the Journal of Economic Abstracts. As a review journal, it mainly features essays and reviews of recent economic theories...
subject classification system
JEL classification codes
Articles in economics journals are usually classified according to the JEL classification codes, a system originated by the Journal of Economic Literature. The JEL is published quarterly by the American Economic Association and contains survey articles and information on recently published books...
, academic books and articles on gun control are classed under JEL K42 "Illegal Behavior and the Enforcement of Law" reflecting that gun control is a criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
subject.)
History
In 1791, the U.S. adopted the Second AmendmentSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
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."
In 2008 case of District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the Second Amendment protects an individual’s right to own a gun for personal use, unconnected with service in a militia. It also specifically stated that individuals have the right to keep a loaded gun at home for self-defense.
In 2010 the Supreme Court incorporated the right to apply to the states as well as the federal government in McDonald v. Chicago
McDonald v. Chicago
McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 , was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states...
.
Prohibited persons
The following list of prohibited persons are ineligible to own firearms under the Brady Handgun Violence Prevention Act.- Those convicted of felonies and certain misdemeanors except where state law reinstates rights, or removes disability.
- 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.
- Non-US citizens, unless permanently immigrating into the U.S. or in possession of a hunting license legally issued in the U.S.
- Illegal Aliens
- Those who have renounced U.S. citizenship
- Minors defined as under the age of eighteen for long guns and handguns, with the exception of VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, eligible at age sixteen. - 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
Those who already own firearms would normally be required to relinquish them upon conviction.
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 handgunHandgunA handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
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 rifleRifleA rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile , imparting spin around an axis corresponding to the...
or shotgunShotgunA shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
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 ATFBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
. 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 LicenseFederal Firearms LicenseA Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms...
(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 ATFBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
as a Curio and Relic (C&R).
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 or older. 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.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 minimum is one month. A second conviction, if the firearm is an automatic weapon or is equipped with a suppressor, brings life imprisonment without release.
Antiques
- Under the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
Gun Control Act of 1968Gun Control Act of 1968The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
, 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.)
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 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. Letter from ATF summarizing shipping responsibilities under the law: Media:BATFE shipping letter.jpg
Transporting firearms
- Firearms are generally prohibited on property in any K-12K-12K–12 is a designation for the sum of primary and secondary education. It is used in the United States, Canada, Australia, and New Zealand where P–12 is also commonly used...
school. This is mostly governed by state law instead of federal law, although a federal law does bar most such possession. A small number of states will allow concealed carry by permit holders on school property. In UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, public schools (higher education and K-12 that receive state funding) are specifically required to allow permit holders to carry concealed on campus. A larger number of states allow some gun owners, most often concealed carry permit holders, to have their guns in their vehicles while on campus to attend, or transport others to or from, a school event.
- 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 a locked container. In vehicles without a locked container, the unloaded firearm shall be in a locked box 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 a commercial aircraft. The Transportation Security AdministrationTransportation Security AdministrationThe Transportation Security Administration is an agency of the U.S. Department of Homeland Security that exercises authority over the safety and security of the traveling public in the United States....
(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 as 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.
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 or rifle ammunition to anyone under the age of 18, or to transfer handgun ammunition to anyone under the age of 21.
- It is illegal to commercially manufacture or commercially import armor-piercing handgun ammunition as described in 18 U.S.C. chapter 44 §921 definitions (part 21). It is also illegal for federally licensed dealers to sell armor piercing handgun ammunition to anyone other than the government or law enforcement without keeping detailed records, or unless that dealer has a class 10 or 11 FFL and sells to another class 10 or class 11 FFL license holder as described in 18 U.S.C. chapter 44 §922 (b). Civilians in most states can legally possess pistol-caliber armor piercing ammunition. Only CA, IL, TX, KY, NJ, RI, FL, and Washington D.C. have laws restricting the use of such ammunition.
Dealers
- Persons who engage in the business of buying or selling firearms must be licensed by the ATFBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
of the U.S. Department of Justice. A special class of "licensed collectors" provides for the purchase and sale of firearms designated by the ATF as "curios and relics." - Violations of restrictions on Title II firearms and devices are punishable by a penalty of up to $10,000 and 10 years imprisonment.
Carrying firearms for protection (federal law)
There is no federal law generally prohibiting the carry of firearms by citizens for protection or other lawful purposes, with limited exception in the Federal Gun Free School Zones Act of 1995. Other statutes concerning Federal property such as military installations also address the carry of firearms. By tradition and as defined in the ConstitutionTenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, laws describing the bearing of arms are exclusively the business of state legislatures.
See: Gun laws in the United States (by state)
The carry of firearms for protection and other lawful purposes is legal in forty-nine states, either under license or as a matter of course. Illinois is the only state that both prohibits carry by statute, and does not issue a license exempting one from the statute.
Carry of firearms without any licensing requirements is legal in thirty-31 states, including: Alabama; Alaska; Arizona; Arkansas; Colorado; Delaware; Idaho; Kansas; Kentucky; Louisiana; Maine; Michigan; Missouri; Montana; Nebraska; Nevada; New Hampshire; New Mexico; North Carolina; Ohio; Oregon; Pennsylvania; South Dakota; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin and Wyoming. Some of these states' statutes prohibit carry in vehicles without a license; concealment without a license; concealment generally; or other restrictions.
See: Open carry in the United States and Concealed Carry in the United States
Gun Free School Zones Act of 1990
The Federal Gun Free School Zone Act of 1990 severely limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property-line of any K-12 school in the nation. A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
the exemption in Federal law is only applicable to permit holders while in the issuing State, and does not exempt travelers with out-of-state permits, even though the State may honor their permit through reciprocity agreements.
See also
- Arms trafficking
- Background checkBackground checkA background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records of an individual....
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Criminal recordCriminal recordA criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
- DEADEADEA is the commonly used acronym for the Drug Enforcement Administration, a United States law enforcement agency.DEA or Dea may also refer to:- Organizations :* DEA , UK development education charity...
- Gun laws in the United States (by state)
- FBI
- FelonyFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
- National Instant Criminal Background Check System
- Psychological evaluationPsychological evaluationA psychological evaluation or mental examination is an examination into a person's mental health by a mental health professional such as a psychologist. A psychological evaluation may result in a diagnosis of a mental illness...
- Gun politicsGun politicsGun politics addresses safety issues and ideologies related to firearms through criminal and noncriminal use. Gun politics deals with rules, regulations, and restrictions on the use, ownership, and distribution of firearms.-National sovereignty:...
- Gun safeGun safeA gun safe is a secure and protective storage container for one or more firearms, and, or ammunition for those guns. Gun safes are primarily used to prevent access to unauthorized or unqualified persons, for burglary protection, and, in more capable safes, to protect the contents from damage during...