Gun Possession and Use

The Second Amendment to the United States Constitution guarantees citizens the right to keep and bear arms. Forty-four states have a right analogous to the Second Amendment in their state constitutions; California, Iowa, Maryland, Minnesota, New Jersey and New York do not. However, the right to bear arms is not unconditional, as many federal and federal laws have placed restrictions on gun ownership in the United States. View each 50 states' gun laws for use, purchase, possession, carrying, distribution, and firing (for hand guns, shot guns, rifles, unconcealed weapons, and concealed weapons):

Federal Gun Control

Under the Gun Control Act of 1968, certain U.S. residents are prohibited from owning firearms. Federal gun control laws require a background check via the National Instant Check System, an online criminal background database maintained by the FBI, though some state background checks may supersede the NICS system. Some U.S. residents who are ineligible to own firearms are:

• Convicted felons
• Fugitives from justice
• Illegal aliens
• Those dishonorably discharged from the armed forces
• Those who are the subject of a restraining order
• Those who have been convicted of the misdemeanor offense of domestic violence

Gun Dealers: One of the most controversial disputes in gun laws today involves determining what restrictions should be placed on gun dealers. Currently, gun dealers must be licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. All firearm sales by gun dealers must be documented.

Currently, gun dealers in the United States:

• Can sell rifles/shotguns to eligible citizens over the age of 18 from any state.
• Can sell handguns to eligible citizens over the age of 21 who reside in the same state as the dealer.
• Are subject to fines up to $10,000 and 10 years in prison for violating federal gun control laws.

New Gun Laws

Assault Weapons

• The Federal Assault Weapons Ban, which prohibited the sale to civilians of certain semi-automatic weapons, expired on September 13, 2004, though efforts continue to re-enact the ban. Even though there is no longer a federal ban on the sale of “assault weapons,” several states have enacted their own bans.
• “Assault weapons” refers to firearms that, when fired, extract a spent shell casing and automatically loads the next round into the firing chamber. The federal law also outlawed guns with certain modifications made to them, such as folding or telescoping stocks, bayonet mounts, and grenade launchers.
• New York, New Jersey, Connecticut, California, and Cook County, Illinois have enacted their own assault weapons bans.

Concealed Weapons

• The United States Supreme Court has determined that the Second Amendment gives the states the right to determine whether to allow or outlaw concealed weapons. To date, only two states, Wisconsin and Illinois, and the District of Columbia, have no provision for licensing the carrying of concealed weapons.
  To date, forty-eight states allow some form of license to carry concealed weapons.
  Thirty-nine states subscribe to the “shall issue” interpretation of gun rights, prohibiting the arbitrary refusal to issue a concealed carry license to registered gun owners.
  Nine states (Alabama, California, Connecticut, Hawaii, Iowa, Maryland, Massachusetts, New Jersey, and New York), allow officials discretion in determining whether a gun owner shall be issued a concealed carry permit.
  Alaska and Vermont allow non-felons over ages 21 and 16, respectively, to carry concealed weapons without first obtaining a license.

Legal Help

Because of the complex interaction between state and federal gun control laws, it may be in your best interest to consult an attorney prior to purchasing a firearm. In addition, if you’ve been arrested or charged with a gun possession violation, a competent criminal defense attorney will most likely be able to advise you regarding your criminal and civil rights.