State Gun Laws
Besides federal gun laws, each state has their own laws regarding firearm and gun use.
Some states have much broader laws while others have more limited laws regarding guns.
Some states have enacted certain laws in order to remove guns from a persons' possession.
For example, some states use what are known as "red flag" laws. These laws authorize law enforcement to remove firearms from anyone considered to be a danger to themselves and to others. Furthermore, some states require a background check in order for an individual to purchase a gun, whether it be a handgun, rifle or shotgun. Some of those states require a background check when buying a firearm at a gun show, or any gun transaction between private individuals.
Federal Gun Laws
Firearms, ammunition and certain firearm accessories are also regulated on a federal level.
These federal regulations include not just the possession of firearms, but also the manufacture, transfer, trade, and destruction of firearms as well as keeping records and transporting firearms,
Major Federal Gun Laws:
The Gun Control Act (GCA) of 1968:
Firearm interstate commerce regulations that prohibits state-to-state transfers of firearms except for licensed manufacturers, dealers, and importers of firearms.
This act was originally enacted in response to the assignations of President John F. Kennedy, Attorney General Robert Kennedy, and Dr. Martin Luther King Jr.
The National Firearms Act (NFA) of 1934:
Imposes a tax on the transfer and manufacture of firearms as well as mandating the registration of those firearms.
The Brady Handgun Violence Prevention Act:
Before the purchase of a firearm, a background check is required on any person that buys a firearm from a federally licensed manufacturer, importer or dealer.
The Firearm Owners Protection Act (FOPA) of 1986:
Revised many aspects of the Gun Control Act of 1968 such as the prevention of gun dealer records being part of a national registry, and also the protection of gun owners traveling between states with firearms that are owned legally.
Other federal laws prohibit certain persons from possessing firearms including anyone with a restraining order that's related to a domestic violence situation, as well as fugitives and felons.
Difference Between State and Federal Firearm Laws
Gun laws can be complex and varied when it comes to the difference between federal and state gun laws and regulations.
Permit to Purchase: Many states require a license or permit to purchase a gun, while other states do not.
Registering a Firearm: Certain states require registering firearms, other states do not.
Concealed Carry: States have different regulations regarding the issuance of concealed carry permits. Some states use a “shall-issue” approach which means a license or permit is given if the potential gun owner meets a specific list of criteria. Other states use a “may-issue” approach which gives authorities their own discretion when issuing a gun permit.
Background Checks: Federal law requires background checks for the sale of firearms by licensed gun dealers. However, there are states that take this requirement further and require the same for private gun sales and gun shows.
Our law firm focuses on firearm, ammunition and firearm accessories law. Our law practice includes local, state and federal law throughout the USA. We serve both the firearm industry and individual gun users.
You can call us at 888.399.7863 or email us at info@munitionsgroup.com.
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