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Gun Law In The United States
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (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 is protected by the Second Amendment to the United States Constitution, although there was a lack of clear federal court rulings defining the right until the U.S. Supreme Court 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'' (2008). This was followed up by the Supreme Court affirming in ''McDonald ...
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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 territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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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, rathe ...
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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 a school zone as defined by . The law applies to public, private, and parochial elementary schools and high schools, and to non-private property within feet of them. It provides that the states and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition. It was first introduced in the U.S. Senate in February 1990 as S. 2070 by Senator Herb Kohl of Wisconsin and then was incorporated into the Crime Control Act of 1990 that was signed into law by President George H. W. Bush. Following a 1995 Supreme Court ruling, United States v. Lopez, which stuck down the original law, the Gun-Free Schools Act of 1990 was amended so prosecution would only occur for crimes involving guns linked to ei ...
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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 containing 3.7 oz (105 g) of steel, or any firearm with major components that do not generate an accurate image before standard airport imaging technology. It was signed into law by President Ronald Reagan on November 10, 1988. Overview The general effect of this legislation is a ban on the manufacture, possession and transfer of firearms with less than 3.7 oz (105 g) of metal content. The bill also requires handguns to be in the traditional shape of a handgun. The Act excepts from its prohibitions the federal government and its agencies, and may offer a safe harbor for licensed manufactures testing to determine if their firearms meet the Act's criteria. History What became the Undetectable Firearms Act began as an attempt to ban handguns like ...
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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 rou ...
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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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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 prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act. The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). GCA repealed the Federal Firearms Act of 1938, though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA). History The bill was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot an ...
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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 against the shoulder to be used properly. The two most common types of handguns in modern times are revolvers and semi-automatic pistols, although other types such as derringers and machine pistols also see infrequent usage. Before commercial mass production, handguns were often considered a badge of office, comparable to a ceremonial sword. As they had limited utility and were more expensive than the long guns of the era, the few who could only afford to purchase them carried these handguns. However, in 1836, Samuel Colt patented the Colt Paterson, the first practical mass-produced revolver, which was capable of firing five shots in rapid succession and very quickly became a popular defensive weapon, giving rise to the saying, "God crea ...
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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 the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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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 Administration (LEAA). Title III of the Act set rules for obtaining wiretap orders in the United States. The act was a major accomplishment of Johnson's war on crime. Grants The LEAA, which was superseded by the Office of Justice Programs, provided federal grant funding for criminology and criminal justice research, much of which focused on social aspects of crime. Research grants were also provided to develop alternative sanctions for punishment of young offenders. Block grants were provided to the states, with $100 million in funding. Within that amount, $50 million was earmarked for assistance to local law enforcement agencies, which included funds to deal with riot control and organized crime. Handguns The Omnibus Crime Bill also p ...
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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 firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, commonly known as the "ATF") History The Federal Firearms License was established to implement the Gun Control Act of 1968. The 1968 act was an update or revision of the Federal Firearms Act of 1938 (FFA), which required all manufacturers and dealers of firearms who ship or receive firearms or ammunition in interstate or foreign commerce to have a license, and forbade them from transferring any firearm or most ammunition to any person interstate unless certain conditions were met. As ...
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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 requirement is imposed. "FFL" is also used to refer to the license itself. In addition to the licensing component of the FFA, the law required licensees to maintain customer records, and it made illegal the transfer of firearms to certain classes of persons, such as convicted felons. These classes of persons are commonly referred to as "prohibited persons." The circumstances resulting in the prohibition (such as a felony conviction) are often referred to as "disabilities." The FFA was repealed by the Gun Control Act of 1968 (GCA), though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA). The FFA was enforced by the Alcohol Tax Unit, one of the precur ...
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