Posted on June 29, by John Pierce I use a WordPress plugin that allows me to monitor the number of visitors who have read each article and what website they came from. Additionally, if they found the article by using a search engine, it shows me the search terms they used. Apparently there is a lot of interest in this area of law from parents, children, and adult air rifle enthusiasts. Generally, when we are talking about the purchase of firearms, we would have both federal and state law to contend with.
LinkedIn There are plenty of articles and video on the internet about what SHOULD be done but it seems that a lot of journalists, gun owners, and people from other walks of life could benefit from understanding what the current laws are and how they apply to the use, sale, and industry of firearms.
What follows is fact only … with no editorial or opinion about either side of the gun control debate. Here I stick to the facts so that anyone on either side of the debate can at least understand the TRUTH of our current legal climate.
These FFLs or gun dealers are required to conduct a background check on any buyer to whom they sell a gun. Anyone with a felony conviction or various other disqualifying history is denied the right to own or purchase a gun. Online purchases of guns by dealers still require a background check.
If the buyer is not local to the online dealer then the dealer must ship the firearm to a dealer local to the buyer so a background check can still be performed. New York City is the easiest example of a local jurisdiction which keeps detailed records of firearm serial numbers and the owners of those firearms.
Background checks for firearm sales in the NICS system explained above don't include the details of the firearms being purchased and these records are required by law to be destroyed by the federal government soon after the background check is completed.
This is important to understand because it helps us understand the concept of Ghost Guns.
A Ghost Gun is by definition a firearm that does not have a serial number. Ghost Guns could be made in part or completly by any American Citizen legally so long as the firearm is for personal use and not commercial purposes.
While Ghost Guns are not registered or traceable, that doesn't make them any different than any firearm that does have a serial number and is sold from a traditional gun store since serialized guns are also NOT registered and NOT traceable unless you live in one of those small number of municipalities where gun registration exists.
There is an exception for weapons regulated by the NFA … which is our next subject. The National Firearms Act of regulates certain items and types of weapons.
This law was clarified and adjusted in subsequent legislation as well. When someone goes to this effort that item is registered to them in a database maintained by the federal government.
Some states have laws against NFA controlled items even when the gun owner has gone through the ATF fee, background check, etc. In a Federal Law was passed which defined and prohibited the manufacture of assault weapons but that law expired and was not renewed in Attempts to define Assault Rifle have been difficult and challenging for those attempting to regulate guns because there is little substantial difference between a popular AR carbine rifle and a semi-automatic shotgun when the core functions are broken down and considered.
Traditionally, an assault rifle as defined in military practice, and before various states attempted to pass relevant regulations, was a rifle that had selective or fully automatic firing capabilities.
To be clear, semi-automatic refers to the function of a firearm to be able to fire one round bullet for each time the trigger is pressed. Selective fire refers to the ability of the firearm to fire more than one round each time the trigger is pressed … and full-automatic a type of selective fire allows that with one trigger press rounds will continue to fire until either the firearm runs out of ammunition or the trigger is no longer depressed.
As covered above, any firearm with selective fire capabilities of any form is controlled by the NFA and otherwise illegal to posses. The Federal District ruling against the State of Illinois clarified that the state must allow in some form, the ability of a citizen that is not disqualified from owning a gun to be able to have it on their person for personal protection when in public.
Today all 50 states have laws that, in theory, allow that private citizens can carry a firearm concealed on or about their person while in public for the purpose of self-defense.
Vermont is the exception and doesn't have any sort of permit system. Without exception, all concealed carry permits require a criminal background check and in most states some form of proof of firearm competency such as prior military service or the completion of a local firearm training course.
Required training varies significantly from Virgina where watching online videos is sufficient, to Illinois where the applicant must complete 16 total hours of in-person instruction.
These laws are generally referred to as Constitutional Carry or Permitless Carry laws. In many of those states it is virtually impossible to obtain a permit as the issuing department or entity accepts almost no reason to be good enough to obtain a permit. Thus there are only 5 states that do not allow open carry of firearms in any form.
Despite the mostly broad existence of concealed carry across most of the US, the laws that govern where the gun owner may take their gun, how and when they can carry it, if and where they must declare it to law enforcement, and when they may use it in defense of life or property vary significantly by state or in some cases vary by county or city.
More information about May Issue, Shall Issue, and Constitutional Carry States Concealed Carry Reciprocity States decide actively if they will or will not honor, recognize, or have formal reciprocity with other states' concealed carry permits.
Thus if one has a concealed carry permit from one's home state it may or may not be honored in any neighboring state.
States have various criteria to determine which other state permits they will honor. Many states openly honor all permits from all states and a small handful of states choose to not honor permits from any state at all.
National reciprocity legislation and proposals aim to force all states to honor all permits from all other states. This would, to a small degree, remove the burden of the permitted gun owner from having to wonder what states do and don't honor their permit BUT would not remove the significant variance from one state's laws to another.
Put differently, even if New York is forced to recognize Pennsylvania permits; New York may still choose where and how one with a permit may carry their firearm and when and how they can use it in their own defense.
Thus each state can determine if they will remove the federal prohibition of firearms on their school campuses and if so under what circumstances. Most states thus prohibit firearms on most school campuses. The remaining 20 states either don't allow firearms on campus at all or only allow them in locked vehicles in the parking lots.
To date, with over a decade of legal campus carry in some states, there have been zero reported incidents of concealed carry holders committing a crime with a firearm on a college campus which allowed campus carry. While self-defense laws, which determine the situations in which a citizen can use force like a gun to defend themselves from others, vary by state there is a mostly universal theme throughout all 50 states.F lorida firearms laws operate at the state level and can be described as being accommodating compared to other states.
The states policy is "Shall Issue" for a concealed carry license with the licenses being issued to both residents and non-residents. Florida is one of five states that bans open carry although open carry is permitted in some limited situations.
Should More Gun Control Laws Be Enacted? The United States has guns per people, or about ,, guns, which is the highest total and per capita number in the world.
22% of Americans own one or more guns (35% of men and 12% of women). About John Pierce Monachus Lex is written by Virginia attorney John Pierce.
John is a life-long gun rights advocate, an NRA certified instructor and co-founder of the nationwide gun rights group kaja-net.com “Lynched in effigy, but no real harm done.” The words belong to Tim Fischer, Australia’s deputy prime minister in the mids — the moment when Australia radically changed its gun laws.
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