FEDERAL GUN LAWS FOR THE AVERAGE AMERICAN

These days, it’s more important than ever for firearms owners to know their rights, and part of that is knowing what federal gun laws say about who can own guns, what kinds of guns can be carried, and what restrictions the government places on their use.

This is a pretty big topic, so we’re just going to hit the highlights in this post. Remember that we’re not lawyers, but we’re just law-abiding citizens trying to inform our fellow gun owners. If you need legal advice, we strongly recommend you contact an attorney.

A Quick History of Federal Gun Laws
Prior to 1934, there were no federal restrictions on firearm ownership or use. In that year, however, Uncle Sam passed the first set of federal gun laws controlling the distribution of weapons. The intention was to reduce the high levels of violence seen during that decade’s spate of gangland shootings. Since then, the feds have passed seven additional acts aimed at curbing gun violence in the United States.

We’re not going to get into the debate over whether these initiatives have done any good. The bottom line is that, whatever our opinion of them, they are the law of the land, and we’re bound to obey them. With that in mind, here’s a list of the eight federal gun control acts passed since 1934, along with a brief description of their contents.

1. The National Firearms Act of 1934 – Controls the ownership and use of fully automatic weapons.

2. The Omnibus Crime Control and Safe Streets Act of 1968 – Established a minimum age of 21 to buy handguns.

3. The Gun Control Act of 1968 – Prohibited the sale of handguns through interstate mail, except for transactions conducted through federal firearms license (FFL) dealers.

4. The Firearm Owners Protection Act (1986) – Repealed some of the provisions of the 1968 gun control act, but also tightened other restrictions, such as those pertaining to the sale of fully automatic weapons.

5. Gun-Free School Zones Act (1990) – Prohibits the possession of a firearm in school zones as defined by law. The Supreme Court originally struck down the act, but it was reinstated after minor changes to its text.

6. The Brady Handgun Violence Protection Act (1993) – Mandates that firearms dealers run background checks on individuals before selling them firearms. Survives in a modified form after NRA court challenges.

7. Federal Assault Weapons Ban (1994-2004) – Banned the sale and ownership of guns designated as “assault weapons” by the act. Highly controversial due to the way it defined the term “assault weapon,” the act expired in 2004 and has not been renewed since.

8. Protection of Lawful Commerce in Arms Act (2005) – Prevents individuals and governments from suing gun manufacturers for “negligence,” defined as knowing that the products they manufacture could possibly be used to commit crimes. It also mandates the inclusion of trigger locks on handguns.

Specific Provisions
Antique firearms – the Gun Control Act of 1968 exempts antique firearms from its restrictions. It defines “antiques” in the following ways:
1. Any gun with a receiver or frame made in or before 1898.

2. Any weapon with a percussion cap, matchlock, flintlock, or similar ignition mechanism.

3. Muzzle loading black powder weapons.

4. Replicas of antique firearms provided that they do not fire rimfire or centerfire ammunition.

Shipping firearms – regulated in the following ways:
1. According to federal gun laws, firearms may not be shipped across state lines except from one FFL dealer to another. Shipments within state lines are permitted between non-FFL holders. A long arm may be shipped from a non-FFL holder to an FFL holder for purposes such as repair or customization.

2. A person may ship a long arm to “themselves” (i.e. in care of a person they know in another state) for hunting purposes. For example, a hunter who lives in GA can ship a rifle to the owner of a lodge in TX if the GA hunter is planning to travel to TX to hunt.

3. Firearms delivered to common carriers like USPS, UPS, FedEx, etc. for shipment must have a written declaration of the shipment’s contents. Exceptions apply if the firearm is being sent to a licensed collector, dealer, importer, or manufacturer.

Transporting firearms – the following rules apply:
1. In almost every case, firearms may not be carried on the property of any K-12 school. Exceptions include the state of Utah, which mandates that those who possess a concealed carry permit (CCP) cannot be kept from having a weapon on school grounds. Also, a few states allow CCP holders to have weapons in their vehicles while parked on school property.

2. Federal law permits “peaceable journey” transport of firearms across state lines. Simply put, if the gun is unloaded and in a locked container, you can’t get in trouble for having it in your vehicle.

3. No firearm, open or concealed, can be carried on board a commercial aircraft. Both guns and ammunition can be shipped on such craft, provided they are unloaded, checked, and stored in a locked case with hard sides. Ammunition must be declared.

4. The Wicker Amendment, passed in 2010, permits passengers on board Amtrak trains to transport unloaded firearms within checked baggage.

Ammunition – governed by the following rules:
1. Shipped ammunition must include written notice of the contents.

2. No licensed importer, manufacturer, dealer, or collector may sell or give long arm ammunition to a person under 18, or handgun ammunition to anyone under 21.

3. It’s illegal to commercially manufacture or import armor-piercing handgun ammunition. FFL dealers may not sell armor-piercing handgun ammunition to anyone other than law enforcement agents, unless the dealer has a class 10 or 11 FFL license and is selling the ammunition to another class 10 or 11 FFL holder.

4. Despite the following restrictions, civilians in most states can legally own armor-piercing ammunition for handgun calibers. Exceptions include CA, TX, KY, IL, RI, FL, NJ, and Washington D.C.

Firearms for self-defense purposes – the United States restricts carrying such weapons on school grounds and on federal government property. Otherwise, the carrying of guns for personal protection is regulated on local and state levels.
1. All states permit some form of carry for self-defense, except for Illinois, which forbids it without exception.

2. 31 states allow the open carry of firearms without licensing restrictions: AL, AK, AR, CO, DE, ID, KS, KY, LA, MN, MI, MO, MT, NB, NH, NM, NC, OH, PA, SD, UT, VT, VA, WA, WV, WI, and WY. However, these states prohibit open carry in situations where it may cause a public disturbance. In plain language, if you’re in one of these states and you think that carrying a weapon into a particular location (banks, shopping malls, churches, bus depots, etc.) might alarm other people, then don’t do it.

Dury’s: Quality Pre-Owned Firearms for Law-Abiding Citizens
As stated before, we take no public stand on the current debate over gun control laws. Firearm owners have differing opinions on these matters, and we respect their right to draw their own conclusions. However, one thing is certain: there’s no place anywhere for unsafe or poorly-functioning weapons of any type. If you’re in the market for high-quality used guns or a gun accessory online, we invite you to check out our extensive selection. We’re one of the best established San Antonio gun stores, and each piece we sell is thoroughly inspected and tested by our experts and backed by our lifetime guarantee.

Source: https://en.wikipedia.org/wiki/Gun_law_in_the_United_States