Gun law in the United States

U.S. Firearms Legal Topics
Assault weapons ban
ATF Bureau
Brady Handgun Violence Prevention Act
Concealed carry in the U.S.
Domestic Violence Offender Gun Ban
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 to the Constitution
Straw purchase
Sullivan Act (New York)
Violent Crime Control Act

A notice stating that the Turman Halfway House in Austin, Texas prohibits concealed handguns

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:

• National Firearms Act (1934)
• Omnibus Crime Control and Safe Streets Act of 1968 (1968)
• Gun Control Act of 1968 (1968)
• Firearm Owners Protection Act (1986)
• Gun-Free School Zones Act (1990) (ruled unconstitutional)
• Brady Handgun Violence Prevention Act (1993)
• Federal Assault Weapons Ban (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 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.)

History

In 1791, the U.S. adopted the Second Amendment which reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

In the 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.

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 Vermont, 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 handgun from a dealer federally licensed to sell firearms in the individual's state of residence.

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

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

• Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the ATF. 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 ATF 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 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.)

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 declaration 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. 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-12 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 Utah, 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 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 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.

• The Wicker Amendment is United States federal legislation to allow rail travellers to put properly licensed, unloaded guns in checked Amtrak baggage. It reverses a decade-long ban on such carriage and came into effect on 15 December 2010. The policy change was promoted by the National Rifle Association and United States Senator Roger Wicker.

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 ATF 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 1990. Other statutes concerning Federal property such as military installations also address the carry of firearms. By tradition and as defined in the Constitution, 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. Washington, D.C., and the State of Illinois are the only regions that both prohibit carry by statute, and neither issue a license exempting one from the statute.

Open carrying of firearms without any licensing requirement is legal in thirty-one 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. States urge caution while engaging in open carry to not cause a public disturbance, most under penalty of law.
Some of these states' statutes prohibit carry in vehicles without a license; concealment without a license; concealment generally; or other restrictions. It is strongly advised to be totally familiar with all aspects of gun law whether they affect you or not to be fully aware.
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.

See also

• Arms trafficking
• Background check
• Bureau of Alcohol, Tobacco, Firearms, and Explosives
• Criminal record
• DEA
• Gun laws in the United States (by state)
• FBI
• Felony
• National Instant Criminal Background Check System
• Psychological evaluation
• Gun politics
• Gun safe

References

• A Citizen's Guide to Federal Firearms Laws, National Rifle Association of America, Institute for Legislative Action, 2006.
• USA Carry — Concealed Firearm Laws, Information and Resources
• Reciprocity Map of the United States
• Carryconcealed.net State Laws regarding CCW Permits World Gun Issues (Pro-Gun site)
• 2009 United States Traveler's Guide To The Firearm Laws of the 50 States
• Transporting Firearms Within The USA
• Implications for non-U.S. citizens