What Are US Gun Laws? It Implement On The Residents Of The US

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Different countries have different gun laws. In some countries carrying a gun is illegal while in some countries, it’s legal. The U.S. permits guns with a special set of codes under federal laws. Manufacture, trade, possession, transfer, record keeping, transport.

And destruction of firearms, ammunition, and firearm accessories are governed by these laws. They are controlled by state agencies and the federal bureau of alcohol, tobacco, firearms, and explosives (ATF). 

Gun laws vary between the states of the United States. Authentication of the rules relating to firearms has been given to all the states and they are independent of federal firearm laws.

The firearm laws in many states are less restrictive than federal laws. But this doesn’t mean individuals are free from federal laws just because the state laws are less binding. In most cases, the responsibilities are given to the local law enforcement. However, during Printz V United States, the Supreme Court has ordered that the local law enforcement are not allowed to execute the federal firearm laws. 

Forty states come under the provision that protects the right to own firearms while a few states do not have this kind of provision. They are California, Minnesota, Maryland, Lowa, New Jersey, and New York. 

Laws To Carry Firearms:

There are generally two ways to carry a firearm: concealed carry and open carry. An open-carried firearm implies the firearm to be visible to everyone. Concealed carry firearms imply the firearm to be hidden from the vision.

Responsibilities have been given to 50 U.S. States to issue the permits on their way. The carry of firearms will be allowed in theory by all states. However, some states are making it difficult to carry firearms. These States usually have a ‘May Issue’ policy. These states are Hawaii, California, New York, and a few more. 

Concealed carry: Usually concealed carry laws have three categories. They are: 

  • Unrestricted: This category says that people don’t require permits to carry guns and is referred to as constitutional carry. 
  • Shall issue: This category requires a permit to carry a firearm. The applicant only needs to have the minimum age, proper training, good background checks, etc. 
  • May issue: According to this category, it’s almost impossible to carry a gun. The applicant does need a permit for sure but has to also ensure the law. An applicant can be asked to cite the proper reason for carrying a gun. 

There was also a fourth category ‘no issue’ but it has been ruled out by the US court because it was unconstitutional. 

Open carry: The laws vary greatly when open carry is not allowed in a state. Open carry allows people to carry a firearm openly but few states have banned open carry in their region. Florida has banned open carry even while hunting, hiking, or fishing.

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The ‘Castle Doctrine’ Law:

Castle Doctrine law, commonly known as defense of habitation law, is a law that allows an individual to defend themselves with deadly force and with no duty of retreat. Duty of retreat doesn’t allow a person to defend himself with deadly force. Instead, he can run to a safe place before using deadly force as self-defense. 

This law varies from state to state. This law can be applied to the following conditions:- 

  • When someone is forcefully trespassing on someone else’s premises.
  • When someone intends to cause deathly harm. The law can also be implemented when a person believes the trespasser is going to commit arson or burglary. 
  • If the trespasser doesn’t act lawfully.
  • These laws don’t apply to the officials who are on duty.

Laws To Sell Or Purchase Firearms:

Requirement of permit is a must when an individual is purchasing or selling firearms. These permits should be concealed carry while selling or purchasing. The buyers must have a legal concealed carry license to purchase from a licensed seller. 

Illinois, a state of the US, requires the buyers to have a FOID card or ammunition. Though the state has recently allowed the concealed carry law still, the buyer should have a FOID card to purchase the guns.

Background checks are a must when one is purchasing a gun from a licensed dealer. The FBI maintains a database that facilitates these requests through NICS ( National Instant Criminal Background Check System). 

There are a lot of people purchasing firearms privately where a person doesn’t require a background check. So, currently, 18 states have enforced the law to cover private sales. A few of them are California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Lowa, Massachusetts, Michigan, Maryland, New Jersey, Nebraska, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington. 

Registration Of Firearms

There is no need for the registration of firearms in the States. In fact, it is considered illegal to have a firearm registry under federal laws. Eight states have banned the maintenance of firearm registries.

Hawaii, California, Maryland, New York, and the District of Columbia are the few states which maintain a gun registry. Other states do not have a registry but keep a record of sales. 

Conclusion

Gun laws are different in other countries. In Countries like South Korea, it is illegal to carry a gun. While in the States it is legal to carry a gun. So, this was just a short review of the gun laws for the U.S.

Reference

  1. https://bit.ly/3yhqYIh
  2. https://bit.ly/2WKm1dh

Aniket Mandal

content writer

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