Gun Laws In The United States By State
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Gun Laws In The United States By State
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws. Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. 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. Additionally, the U.S. Supreme Court held in '' McDonald v. Chicago'' 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. Firearm owners are subject to the firearm l ...
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Firearm
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes containing gunpowder and pellet projectiles were mounted on spears to make the portable fire lance, operable by a single person, which was later used effectively as a shock weapon in the Siege of De'an in 1132. In the 13th century, fire lance barrels were replaced with metal tubes and transformed into the metal-barreled hand cannon. The technology gradually spread throughout Eurasia during the 14th century. Older firearms typically used black powder as a propellant, but modern firearms use smokeless powder or other propellants. Most modern firearms (with the notable exception of smoothbore shotguns) have rifled barrels to impart spin to the projectile for improved flight stability. Modern firearms can be described by their caliber ( ...
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Semi-automatic Firearm
A semi-automatic firearm, also called a self-loading or autoloading firearm (fully automatic and selective fire firearms are also variations on self-loading firearms), is a repeating firearm whose action mechanism ''automatically'' loads a following round of cartridge into the chamber (self-loading) and prepares it for subsequent firing, but requires the shooter to ''manually'' actuate the trigger in order to discharge each shot. Typically, this involves the weapon's action utilizing the excess energy released during the preceding shot (in the form of recoil or high-pressure gas expanding within the bore) to unlock and move the bolt, extracting and ejecting the spent cartridge case from the chamber, re-cocking the firing mechanism, and loading a new cartridge into the firing chamber, all without input from the user. To fire again, however, the user must actively release the trigger, allow it to "reset", before pulling the trigger again to fire off the next round. As a result, eac ...
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Red Flag Law
In the United States, a red flag law is a gun violence prevention law that permits a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question.Barbaro, Michael, host."Tuesday, Feb. 27, 2018."''The Daily'', New York Times. 27 Feb. 2018. ''New York Times''. Refusal to comply with the order is punishable as a criminal offense. After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation. Orders issued under "red flag" laws, also called risk-based gun removal laws,Reena Kapoor, Elissa Benedek, Richard J. Bonnie, Tanuja Gandhi, Liza Gold, Seth Judd, Debra A. PinalsResource Document on Risk-Based Gun Removal Laws ''Focus: The Journal of Lifelong Learning in Psychiatry'', Vol. 17, Issue 4 (Fall 2019), pp. 443-451, ...
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National Instant Criminal Background Check System
The National Instant Criminal Background Check System (NICS) is a background check system in the United States created by the Brady Handgun Violence Prevention Act (Brady Law) of 1993 to prevent firearm sales to people prohibited under the Act. The system was launched by the Federal Bureau of Investigation (FBI) in 1998. Under the system, firearm dealers, manufacturers or importers who hold a Federal Firearms License (FFL) are required to undertake a NICS background check on prospective buyers before transferring a firearm. The NICS is not a gun registry, but is a list of persons prohibited from owning or possessing a firearm. The buyer’s details are discarded after the query and a record on NICS of the firearm purchase is not made, though the seller as a FFL holder is required to keep a record of the transaction. Access to NICS is limited to FFL holders. A prospective buyer is required to complete ATF Form 4473 after which a FFL seller initiates a NICS background check by phon ...
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Stand-your-ground Law
A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Florida Statutes Title XLVI Chapter 776 The exact details vary by jurisdiction. The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their ve ...
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Castle Doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears i ...
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Short-barreled Rifle
Short-barreled rifle broadly refers to any rifle with an unusually short barrel. The term carbine describes a production rifle with a reduced barrel length for easier handling in confined spaces. Concern about concealment for illegal purposes has encouraged regulations specifying minimum barrel lengths and overall lengths. Measurement method Barrel length is measured from the end of the muzzle to the front of the breechface, typically by inserting a measuring rod into the barrel. Barrel length may partially comprise a permanently attached muzzle accessory (such as a recoil compensator or flash suppressor). Overall length is measured between the extreme ends of the gun, along a centerline which passes through the middle of the barrel. For rifles fitted with folding or telescoping stocks (such as U.S. Carbine M1A1), US Federal guidelines state that measurement is performed with the stock unfolded as intended for use as a rifle. Some states – such as California and Michigan – ...
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Sawed-off Shotgun
A sawed-off shotgun (also called a sawn-off shotgun, short-barreled shotgun, shorty or a boom stick) is a type of shotgun with a shorter gun barrel—typically under —and often a shortened or absent stock. Despite the colloquial term, barrels do not, strictly speaking, have to be shortened with a saw. Barrels can be manufactured at shorter lengths as an alternative to traditional, longer barrels. This makes them easier to transport due to their smaller profile and lighter weight. The design also makes the weapon easy to maneuver in cramped spaces, a feature sought by military close-quarters combat units, law enforcement SWAT team users, and those concerned with home-defence. As a result of the shorter barrel length, any sawn-off shotgun with a magazine tube will have its capacity reduced. In the 1930s, the United States of America, Britain and Canada mandated that a permit be required to own these firearms. They are subject to legal restrictions depending upon jurisd ...
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Machine Gun
A machine gun is a fully automatic, rifled autoloading firearm designed for sustained direct fire with rifle cartridges. Other automatic firearms such as automatic shotguns and automatic rifles (including assault rifles and battle rifles) are typically designed more for firing short bursts rather than continuous firepower, and are not considered true machine guns. As a class of military kinetic projectile weapon, machine guns are designed to be mainly used as infantry support weapons and generally used when attached to a bipod or tripod, a fixed mount or a heavy weapons platform for stability against recoils. Many machine guns also use belt feeding and open bolt operation, features not normally found on other infantry firearms. Machine guns can be further categorized as light machine guns, medium machine guns, heavy machine guns, general purpose machine guns and squad automatic weapons. Similar automatic firearms of caliber or more are classified as autocannons, rat ...
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Automatic Firearm
An automatic firearm is an auto-loading firearm that continuously chambers and fires rounds when the trigger mechanism is actuated. The action of an automatic firearm is capable of harvesting the excess energy released from a previous discharge to feed a new ammunition round into the chamber, and then ignite the propellant and discharge the projectile (either bullet, shot, or slug) by delivering a hammer or striker impact on the primer. If ''both'' the feeding and ignition procedures are automatically cycled, the weapon will be considered "fully automatic" and will fire continuously as long as the trigger is kept depressed and the ammunition feeding (either from a magazine or a belt) remains available. In contrast, a firearm is considered " semi-automatic" if it only automatically cycles to chamber new rounds (i.e. self-loading) but does not automatically fire off the shot unless the user manually resets (usually by releasing) and re-actuates the trigger, so only one ...
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Firearm Owners Protection Act
The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968. Federal firearms law reform Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms (ATF) was given wide latitude on the enforcement of regulations pertaining to holders of Federal Firearms Licenses (FFL) (which enable an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms). Allegations of abuse by ATF inspectors after passage of the act arose from the National Rifle Association (NRA) and some FFL licensees. In particular, advocates claimed that ATF was repeatedly inspecting FFL holders for the apparent purpose of harassment intended to drive the FFL holders out of business (as the FFL holders would constantly be having to tend to ATF inspections instead of to customers). A February 1982 report by ...
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National Firearms Act
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I. All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry"). The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers), do not need to be reported. Background The ostensible impetus for the National Firearms Act of 1934 was ...
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