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Fireams Laws in U.S. -- information post for future reference

[b][c=BF0000]Below is some basic factual information about U.S. laws and legal system, for users to refer to when discussing gun control[/c][/b] -- to help form opinions based on knowledge and to be able to rebut those who form arguments based on a misunderstanding of or ignorance of the laws and how the American system of government works. [u]I expect this post to serve very little use on a site like this, but here goes anyway[/u]....

Remember, in an intelligent and sincere discussion, [b]1) always define your terms, 2) follow rules of logic, and 3) do not infer what is not implied[/b]. It appears that most users here are unable or unwilling to do all 3 of these things in the posts that presumably seek to offer sincere discussion of a serious issue/matter, for various reasons -- not even comprehending what some or all of these 3 things mean, pride, gross immaturity, etc. But for users who from time to time -- or ever -- want to participate sincerely in a serious thread, those 3 rules of discussion are important.


[b][c=BF0000]FEDERAL LAWS[/c][/b]

The 2nd amendment guarantees the right to bear arms. Citizens have the right to purchase, own, and "carry" arms. States and localities cannot infringe on this right. (The exceptions to this are detailed below.)

[b][u]How this works [u]in practice[/u] is left mostly to the states to work out for themselves.[/u][/b] The federal govt regulates interstate commerce regarding firearms the same way it regulated interstate commerce of anything else, of course. There are no federal laws regarding carry permits.

The primary federal firearms laws that states must obey and that have any bearing on the gun control debate are these:

1. Certain types of firearms must be registered, e.g. machine guns.

2. Certain types of firearms cannot be sold without the buyer having a specific type of permit, i.e. machine guns.

3. Dealers must be federally licensed.

4. Guns are prohibited in school zones and certain federal properties.

5. Background checks are required to purchase a firearm from a dealer. (FYI: Retail stores are dealers.)

6. Dealers and manufacturers of firearms are exempt from negligence claims.

7. Certain individuals are prohibited from receiving, purchasing, and possessing firearms: fugitives from justice, people who are unlawful users of narcotics other controlled substances, people determined by a court to be mentally defective, people who have been committed to a mental institution, people who have been convicted of a crime punishable by imprisonment for a term exceeding one year, people with restraining orders, people who have been convicted of domestic violence, etc.

[b][c=BF0000]FEDERAL REGULATIONS[/c][/b]

Federal regulations, which have the force and effect of law, are rules that relate to the abovementioned federal laws. The only notable one in recent years is the bumper stock ban. The Justice Dept included weapons with bumper stocks into its definition of "machine guns".


Heller: States/Cities cannot mandate that firearms in homes must have a trigger lock.

McDonald: The 14th amendment supports the 2nd amendment -- people cannot be denied 2nd amendment rights simply because of the place in which they reside.

A person cannot purchase a firearm for another person.

[b][c=BF0000]STATE TRENDS[/c][/b]

States have trended [u]strongly toward [b]looser[/b] firearms laws[/u] and regulations for several decades. First, states began to offer concealed carry permits, one by one. Then, states began to allow concealed carry without a permit, one by one. States have also been expanding the kinds of places that people can have firearms at/in, making firearms easier to sell, and making firearms harder to track.

[b][c=BF0000]LOCAL TRENDS[/c][/b]

Some cities have tighter gun laws, especially larger cities, but city laws cannot violate state laws.

[b][c=BF0000]STATE CARRY LAWS[/c][/b]

Open carry allowed -- 21 states.
No permit required for carry -- 19 states.

All states have laws allowing for concealed carry, but some states require a permit that is difficult to obtain.

In the great majority of states, either a permit is not required, or a permit is required and [u]must be issued[/u] to an applicant unless the person is prohibited by law from carrying a firearm.

[b][c=BF0000]STATE RED FLAG LAWS[/c][/b]

Some states have laws that people lose their firearms rights if a court determines they are a risk to themselves or others. Under these laws, people may have to appear in court if a person provides evidence of their mental instability.


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Allelse · 31-35, M Best Comment
Now you'll get people arguing over this.
uncleshawn · 36-40, M
[@415694,Allelse] Yah, I know.
Allelse · 31-35, M
[@549497,uncleshawn] Still a good idea though!
uncleshawn · 36-40, M
[@415694,Allelse] Thanks. Will be of very little if any use, no doubt, but anyway it's an attempt.

mass shooting mostly happen where theres tight guns laws..

its not like they pull this shit in texas huh..

gun free zones should be renamed. shooting fish in a barrel.
uncleshawn · 36-40, M
[@327405,TheOneyouwerewarnedabout] This post is just to provide information on U.S. laws and legal system. I noticed some incorrecct and incoherent posts recently about laws and the legal system regarding gun control. Just providing basic information here, like a person might learn in a high school civics class, if high schools teach these things any more, which seems unlikely given the discourse here and in society at large.

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