In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, access to guns is controlled by
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
under a number of
federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of
firearms
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 c ...
,
ammunition
Ammunition (informally ammo) is the material fired, scattered, dropped, or detonated from any weapon or weapon system. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other weap ...
, and firearms accessories.
They are enforced by state agencies and the federal
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevent ...
(ATF). In addition to federal gun laws, all state governments and some local governments have their own
laws that regulate firearms.
The
right to keep and bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
is protected by the
Second Amendment
The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds eac ...
to the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, although there was a lack of clear federal court rulings defining the right until the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled that it protects any individual's right to keep and bear arms unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home, in ''
District of Columbia v. Heller
''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'' (2008). This was followed up by the Supreme Court affirming in ''
McDonald v. City of Chicago
''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated ...
'' (2010) that the Second Amendment is
incorporated by the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
Fourteenth Amendment and thereby applies to state and local laws as well as federal laws.
Major federal gun laws
Most federal gun laws are found in the following acts:
*
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 manufact ...
(NFA) (1934): Taxes the manufacture and transfer of, and mandates the registration of
Title II weapons
Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).
These are weapons requiring a Type 01 Federal Firearms License (FFL) as well as a Class 3 Special Occupation Tax (SOT) t ...
such as
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) a ...
s,
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 ha ...
s and shotguns, heavy weapons, explosive ordnance,
suppressor
A silencer, also known as a sound suppressor, suppressor, or sound moderator, is a muzzle device that reduces the acoustic intensity
Sound intensity, also known as acoustic intensity, is defined as the power carried by sound waves per unit ...
s, and disguised or
improvised firearms
Improvised firearms (sometimes called zip guns, pipe guns or slam guns) are firearms manufactured other than by a firearms manufacturer or a gunsmith, and are typically constructed by adapting existing materials to the purpose. They range in q ...
.
*
Federal Firearms Act of 1938
The Federal Firearms Act of 1938 (FFA) imposed a federal license requirement on gun manufacturers, importers, and persons in the business of selling firearms. The term federal firearms licensee (FFL) is used to refer to those on whom the license re ...
(FFA): Requires that gun manufacturers, importers, and those in the business of selling firearms have a
Federal Firearms License
A Federal Firearms License (FFL) is a license in the United States that enables 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 ...
(FFL). Prohibits the transfer of firearms to certain classes of people, such as convicted felons.
*
Omnibus Crime Control and Safe Streets Act of 1968
The Omnibus Crime Control and Safe Streets Act of 1968 (, codified at ''et seq.'') was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance Admi ...
(1968): Prohibited
interstate
The Dwight D. Eisenhower National System of Interstate and Defense Highways, commonly known as the Interstate Highway System, is a network of controlled-access highways that forms part of the National Highway System in the United States. Th ...
trade in
handgun
A handgun is a short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also braced ...
s, increased the minimum age to 21 for buying handguns.
*
Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally ...
(GCA): Focuses primarily on regulating
interstate commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among ...
in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.
*
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 F ...
(FOPA) (1986): Revised and partially repealed the Gun Control Act of 1968. Prohibited the sale to civilians of
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 discharg ...
s manufactured after the date of the law's passage. Required ATF approval of transfers of automatic firearms.
*
Undetectable Firearms Act
The United States Undetectable Firearms Act of 1988 makes it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that is not as detectable by walk-through metal detection as a security exemplar containi ...
(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
The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is ...
(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
The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
(1993): Requires
background checks
A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...
on most firearm purchasers, depending on seller and venue.
*
Federal Assault Weapons Ban
The Public Safety and Recreational Firearms Use Protection Act, popularly known as the Federal Assault Weapons Ban (AWB), was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which include ...
(1994–2004): Banned semiautomatics that looked like
assault weapon
In the United States, ''assault weapon'' is a controversial term used to define firearms with specified characteristics. The definition varies among regulating jurisdictions, but usually includes semi-automatic firearms with a detachable magaz ...
s and
large capacity ammunition feeding devices. The law expired in 2004.
*
Law Enforcement Officers Safety Act
The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer"—to ca ...
(2004): Granted
law enforcement officers
A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, pros ...
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
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Both arms manufacturers and dealers ...
(2005): Prevents
firearms
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 c ...
manufacturers and
licensed dealers from being held liable for
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
when crimes have been committed with their products.
*
Bipartisan Safer Communities Act
The Bipartisan Safer Communities Act is a landmark United States federal law passed during the 117th United States Congress. It implemented several changes to the mental health system, school safety programs, and gun safety laws. Gun safety laws ...
(2022): Expands background checks for purchasers under 21 to include their juvenile records, requires more sellers to have an FFL, funds state
crisis intervention
Crisis intervention is a time-limited intervention with a specific psychotherapeutic approach to immediately stabilize those in crisis.
Implementation
A crisis can have physical or psychological effects. Usually significant and more widesprea ...
programs, further criminalizes
arms trafficking
Arms trafficking or gunrunning is the illicit trade of contraband small arms and ammunition, which constitutes part of a broad range of illegal activities often associated with transnational criminal organizations. The illegal trade of small a ...
and
straw purchases, and closes the “
boyfriend loophole”.
Overview of current regulations
Fugitives
A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...
, those convicted of a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
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
The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds eac ...
to the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, which protects the
right to keep and bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
. 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
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held in ''
McDonald v. Chicago
''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated b ...
'' (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. 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.
History
Important events regarding gun legislation occurred in the following years.
In 1791, the
United States Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
were ratified, which included the
Second Amendment to the United States Constitution
The Second Amendment (Amendment II) to the United States Constitution protects the Right to keep and bear arms in the United States, right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Un ...
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
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 manufact ...
(NFA) was signed into law under President
Franklin D. Roosevelt's Administration in an effort to curb prohibition-era violence.
Between 1920 and 1933 the homicide rate in the United States had been rising year-over-year as an example of the
unintended consequences
In the social sciences, unintended consequences (sometimes unanticipated consequences or unforeseen consequences) are outcomes of a purposeful action that are not intended or foreseen. The term was popularised in the twentieth century by Ameri ...
of passing
Prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
into law, and the concomitant violence associated with making illegal a widely in-
demand
In economics, demand is the quantity of a good that consumers are willing and able to purchase at various prices during a given time. The relationship between price and quantity demand is also called the demand curve. Demand for a specific item ...
product.
The NFA is considered to be the first federal legislation to enforce
gun control
Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians.
Most countries have a restrictive firearm guiding policy, with on ...
in the United States, imposing a $200 tax, equivalent to approximately $3,942 in 2022, on the manufacture and transfer of
Title II weapons
Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).
These are weapons requiring a Type 01 Federal Firearms License (FFL) as well as a Class 3 Special Occupation Tax (SOT) t ...
. It also mandated the registration of
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) a ...
s,
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 ha ...
s and shotguns, heavy weapons, explosive ordnance,
suppressor
A silencer, also known as a sound suppressor, suppressor, or sound moderator, is a muzzle device that reduces the acoustic intensity
Sound intensity, also known as acoustic intensity, is defined as the power carried by sound waves per unit ...
s, and disguised or
improvised firearms
Improvised firearms (sometimes called zip guns, pipe guns or slam guns) are firearms manufactured other than by a firearms manufacturer or a gunsmith, and are typically constructed by adapting existing materials to the purpose. They range in q ...
. 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.
In fact, "...homicides continued to diminish each year for eleven years straight
fter the repeal of Prohibition"
In 1938, President Franklin D. Roosevelt signed the
Federal Firearms Act of 1938
The Federal Firearms Act of 1938 (FFA) imposed a federal license requirement on gun manufacturers, importers, and persons in the business of selling firearms. The term federal firearms licensee (FFL) is used to refer to those on whom the license re ...
(FFA) into law, requiring that all gun-related businesses must have a
Federal Firearms License
A Federal Firearms License (FFL) is a license in the United States that enables 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 ...
(FFL).
In 1939, through the court case ''
United States v. Miller
''United States v. Miller'', 307 U.S. 174 (1939), was a landmark decision of the Supreme Court of the United States that involved a Second Amendment to the United States Constitution challenge to the National Firearms Act of 1934 (NFA). The cas ...
'', the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled that Congress could regulate interstate selling
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, ...
s 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
John F. Kennedy, the 35th president of the United States, was assassinated on Friday, November 22, 1963, at 12:30 p.m. CST in Dallas, Texas, while riding in a presidential motorcade through Dealey Plaza. Kennedy was in the vehicle with ...
, the
assassination of Robert F. Kennedy
On June 5, 1968, Robert F. Kennedy was shot by Sirhan Sirhan shortly after midnight at the Ambassador Hotel, Los Angeles. He was pronounced dead at 1:44 a.m. PDT the following day.
Kennedy was a senator from New York and a candidate ...
, and the
assassination of Martin Luther King Jr
Martin Luther King Jr., an African-American clergyman and civil rights leader, was fatally shot at the Lorraine Motel in Memphis, Tennessee, on April 4, 1968, at 6:01 p.m. CST. He was rushed to St. Joseph's Hospital, where he died at 7 ...
, President
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
, pushed Congress for the
Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally ...
(GCA). It repealed and replaced the FFA, regulated “destructive devices” (such as bombs, mines, grenades, and other explosives), expanded the definition of
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) a ...
, 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
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 F ...
(FOPA) (1986), passed under the
Ronald Reagan administration
Ronald Reagan's tenure as the 40th president of the United States began with his first inauguration on January 20, 1981, and ended on January 20, 1989. Reagan, a Republican from California, took office following a landslide victory over D ...
, 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.
![Right to Carry, timeline](https://upload.wikimedia.org/wikipedia/commons/5/5a/Right_to_Carry%2C_timeline.gif)
In 1993, the
Brady Handgun Violence Prevention Act
The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
, named after a White House press secretary who was disabled during the
attempted assassination of Ronald Reagan
On March 30, 1981, President of the United States Ronald Reagan was shot and wounded by John Hinckley Jr. in Washington, D.C. as he was returning to his limousine after a speaking engagement at the Washington Hilton. Hinckley believed the attac ...
, was signed into law under the
presidency of Bill Clinton
Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following a decisive election victory over Re ...
. This act required that background checks must be conducted on gun purchases and established a
criminal background check system maintained by the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
.
In 1994, the
Violent Crime Control and Law Enforcement Act
The Violent Crime Control and Law Enforcement Act of 1994, commonly referred to as the 1994 Crime Bill, the Clinton Crime Bill, or the Biden Crime Law, is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is t ...
was signed into law under the
presidency of Bill Clinton
Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following a decisive election victory over Re ...
, which included the
Federal Assault Weapons Ban
The Public Safety and Recreational Firearms Use Protection Act, popularly known as the Federal Assault Weapons Ban (AWB), was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which include ...
, effectively banned the manufacturing, selling, and possession of specific military-style
assault weapon
In the United States, ''assault weapon'' is a controversial term used to define firearms with specified characteristics. The definition varies among regulating jurisdictions, but usually includes semi-automatic firearms with a detachable magaz ...
s such as
AR-15 style rifle
An AR-15-style rifle is any lightweight semi-automatic rifle based on the Colt AR-15 design. The original ArmaLite AR-15 is a scaled-down derivative of Eugene Stoner's ArmaLite AR-10 design. The then Fairchild Engine and Airplane Corporation d ...
s and banned
high-capacity ammunition magazines that held over 10 rounds. Banned arms that were previously legally possessed were
grandfathered
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
. The ban expired in September 2004.
In 2003, the
Tiahrt Amendment
The Tiahrt Amendment ( ) is a provision of the U.S. Department of Justice 2003 appropriations bill that prohibits the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from releasing information from its firea ...
proposed by Kansas Representative,
Todd Tiahrt
William Todd Tiahrt ( ; born June 15, 1951) is an American politician who served as the U.S. representative for from 1995 to 2011. A member of the Republican Party, he was elected as part of the historic Republican Wave of 1994, defeating 18-ye ...
, 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
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Both arms manufacturers and dealers ...
was signed into law under the
presidency of George W. Bush
George W. Bush's tenure as the 43rd president of the United States began with his first inauguration on January 20, 2001, and ended on January 20, 2009. Bush, a Republican from Texas, took office following a narrow victory over Democratic i ...
. 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
''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'' 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
''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated b ...
'' that the Second Amendment is
incorporated and thus applies against the states.
In 2016, the Supreme Court ruled in the case ''
Caetano v. Massachusetts
''Caetano v. Massachusetts'', 577 U.S. 411 (2016), was a case in which the Supreme Court of the United States unanimously vacated a Massachusetts conviction of a woman who carried a Electroshock weapon, stun gun for self-defense., slip op. at 1-2 ...
'' that "the Second Amendment extends,
prima facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
, 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
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
’s
ay-issuelicensing regime violates the Constitution."
Second Amendment
The
right to keep and bear arms in the United States
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment decla ...
is protected by the
Second Amendment
The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds eac ...
to the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. 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
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
cases of ''
District of Columbia v. Heller
''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'' (2008) and ''
McDonald v. City of Chicago
''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated ...
'' (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.
[Greenhouse, Linda (June 27, 2008)]
"Justices Rule for Individual Gun Rights"
''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. Retrieved February 15, 2015. 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
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
wrote on the Second Amendment not being an unlimited right:
The four dissenting justices argued that the majority had broken prior precedent on the Second Amendment,
and took the position that the amendment refers to an individual right, but only in the context of militia service.
[Se]
"District of Columbia v. Heller: The Individual Right to Bear Arms" (PDF)
(comment), ''Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
'', 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."
In ''McDonald'', the Supreme Court ruled that, because of the
incorporation of the Bill of Rights
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the ...
, the guarantee of an individual right to bear arms applies to state and local gun control laws and not just federal laws.
[Liptak, Adam (June 28, 2010)]
"Justices Extend Firearm Rights in 5-to-4 Ruling"
''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. Retrieved February 15, 2015.
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. Previously,
federal appeals courts had issued conflicting rulings on this point. For example, the
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of Il ...
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." 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." More recently, the
Ninth Circuit Court
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
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.
Eligible people
![Household Firearm Ownership Rate by U](https://upload.wikimedia.org/wikipedia/commons/a/ab/Household_Firearm_Ownership_Rate_by_U.S._state.svg)
The following are eligible to possess and own
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 ...
s within the United States, 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
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...
" holders)
*
Aliens
Alien primarily refers to:
* Alien (law), a person in a country who is not a national of that country
** Enemy alien, the above in times of war
* Extraterrestrial life, life which does not originate from Earth
** Specifically, intelligent extrate ...
(or
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national ...
s) who have been lawfully admitted to the United States as
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution. s
* Aliens (or foreign nationals) who have been lawfully admitted to the United States under
nonimmigrant visas
[ ("The terms 'admission' and 'admitted' mean, with respect to an ]alien
Alien primarily refers to:
* Alien (law), a person in a country who is not a national of that country
** Enemy alien, the above in times of war
* Extraterrestrial life, life which does not originate from Earth
** Specifically, intelligent extrater ...
, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and ...
."); ''Matter of D-K-''
25 I&N Dec. 761
, 765-66 ( BIA 2012). but only if they fall under one of the following exceptions:
# 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
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
, 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)
# non-resident of any US state unless the receipt of firearms are for lawful sporting purposes
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, and people on the federal
no-fly list
The No Fly List maintained by the United States federal government's Terrorist Screening Center (TSC) is one of several lists included in algorithmic rulesets used by government agencies and airlines to decide who to allow to board airline flight ...
, should be excluded. Laws in these areas vary considerably, and enforcement is in flux.
Prohibited people
The
Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally ...
prohibits certain classes of people from buying, selling, using, owning, receiving, shipping, carrying, possessing or exchanging any firearm or ammunition.
Those prohibited include any individual who:
* has been convicted in any court of a "
";
* is a
fugitive
A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known ...
from
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
;
* is an unlawful user of or addicted to any
controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession and use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law. Some treaties, notably the Single C ...
(as defined in section 102 of the
Controlled Substances Act
The Controlled Substances Act (CSA) is the statute establishing federal government of the United States, federal drug policy of the United States, U.S. drug policy under which the manufacture, importation, possession, use, and distribution of ...
, codified at 21 U.S.C. § 802);
* has been adjudicated as a
mental defective
Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation,Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signifi ...
or has been involuntarily committed to any
mental institution
Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...
;
* is an
illegal alien (i.e. any person who is unlawfully in the United States
[''United States v. Torres'']
911 F.3d 1253
, 1255 (9th Cir. 2019); ("An illegal alien ... is any alien ... who is in the United States unlawfully....").);
* has been lawfully admitted as an
alien
Alien primarily refers to:
* Alien (law), a person in a country who is not a national of that country
** Enemy alien, the above in times of war
* Extraterrestrial life, life which does not originate from Earth
** Specifically, intelligent extrater ...
under a nonimmigrant visa and is not exempt under ;
* has been discharged from the Armed Forces under dishonorable conditions;
* has
renounced his or her United States nationality (i.e., became a
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national ...
);
* is subject to a
court order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out o ...
restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
* has been convicted of a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
crime of
domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
These categories are listed on
ATF
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...
Form 4473
A Firearms Transaction Record, or ATF Form 4473, is a six-page form prescribed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) required to be completed when a person proposes to purchase a firearm from a Federal Firearms License ...
– Firearms Transaction Record background check form. According to the
US Sentencing Commission, approximately 5,000 to 6,000 prohibited people a year are convicted of receiving or possessing a firearm. In 2017, over 25.2 million background checks were performed.
NICS Firearm Background Checks, November 30, 1998 – October 31, 2020
Manufacturers
Under United States law, any company
A company, abbreviated as co., is a Legal personality, legal entity representing an association of people, whether Natural person, natural, Legal person, legal or a mixture of both, with a specific objective. Company members share a common p ...
or gunsmith
A gunsmith is a person who repairs, modifies, designs, or builds guns. The occupation differs from an armorer, who usually replaces only worn parts in standard firearms. Gunsmiths do modifications and changes to a firearm that may require a very h ...
which in the course of its business manufactures guns or gun parts, or modifies guns for resale, must be license
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
d as a manufacturer
Manufacturing is the creation or production of goods with the help of equipment, labor, machines, tools, and chemical or biological processing or formulation. It is the essence of secondary sector of the economy. The term may refer to a ran ...
of firearms.
See also
* American gun ownership
* Concealed carry in the United States
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every ...
* Firearm case law in the United States
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 c ...
* Gun culture in the United States
In the United States, gun culture encompasses the behaviors, attitudes, and beliefs about firearms and their usage by civilians. Gun ownership in the United States is the highest in the world, and constitutionally protected by the Second Amen ...
* Gun politics in the United States
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose incre ...
* Index of gun politics articles
__NOTOC__
See also
* :Template:Gun politics interest groups in the United States
{{DEFAULTSORT:Index of gun politics articles
Gun politics
Gun laws and policies, collectively referred to as firearms regulation or gun control, regulat ...
References
External links
Giffords Law Center to Prevent Gun Violence – Key Congressional Acts Related to Firearms
National Rifle Association – Citizen's Guide To Federal Firearms Laws – Summary
{{Authority control
Gun politics in the United States
Legal history of the United States