Gun Rights in the US
Posted Jan 13, 2022
Gun usage is deeply ingrained in US culture. Around 40% of people in the US own a gun or
live in a house where someone owns a gun. Moreover, according to the 2011 small arms
survey, there are an average of 88 guns per 100 people . Most people who own firearms in
the US do so for their own protection. Only very few people give other reasons like hunting
and sport. While gun violence is seen as a very big issue in the US today, there are also
certain gun rights that people in the US have. Educating people about gun laws and rights is
imperative to ensure everyone is adequately protected.
If you are wondering what these rights are, here are a few rules and regulations about the
usage of guns in the US.
Minimum Age
As per gun laws in the US, a person should be at least eighteen years of age to be able to
buy guns or any other type of ammunition in the country. This age limit is primarily because
people of a younger age have not gained enough maturity to know the type of situations
where the use of a gun would be permitted.
States and local officials are allowed to impose higher age restrictions, but they cannot
lower the federal minimum age for gun ownership.
Restriction on the Purchase of Firearms
Not everyone is allowed to purchase firearms in the United States. Fugitives, in particular,
cannot purchase firearms since they can become a danger to society.
Apart from that, people who have been convicted of any crime in the past cannot own a gun
either. These convictions can be that of staying in prison for over a year or may entail some
other charges.
Federal law also does not allow those people to own guns who have been known to own
guns unlawfully in the past or make use of controlled substances. These include marijuana
and other drugs.
Besides this, people who have been a part of a harassment case, or those who have
threatened others are not allowed to own guns either. Apart from that, people who are
unauthorized immigrants are also not allowed to purchase a firearm.
Regulations of Firearms
At the federal level, laws are made with regard to who can own guns in public and who
cannot. The ATF (The Bureau of Alcohol, Tobacco, Firearms and Explosives) regulates the
standards of issuing licenses to gun vendors.
Selling of Firearms
People who sell guns should be at least 21 years of age. They should have some official
business premises where they conduct business, and they should also inform a local law
enforcement official when they sell firearms.
Besides this, anyone selling firearms should not have any previous record of having engaged
in any form of violence. They should not have been held guilty for any convictions and
should have a history of certain mental conditions.
Moreover, even if the purchase of a gun is made online, the gun should be shipped to a
registered FFL holder first for conducting a background check. Once the individual has
cleared all the checks, only then the gun is finally handed over to the person who purchased
it.
Background Checks
Given how easy it is to misuse them, it is of utmost importance that some kind of
background check is run when a person purchases a gun. This is very important to make
sure that no kind of unnecessary violence happens in the country.
Typically, Form ATF4473 can be used to check for any red flags that might be there. Besides
this, around 30 states in the US rely on the NICS for conducting a background check. This is
the FBI’s National Instant Criminal Background Check System. It can be used to give a
definitive answer to whether someone is eligible to buy a gun in around ten minutes.
Permits for Firearms
Around 12 out of 50 states require a permit for the purchase of handguns. In particular,
California has very strict laws with regard to the purchase of guns. Applicants have to pass a
written test and get enrolled in a gun safety class to get a permit to own a gun in this state.
Carrying Firearms
Most states have very strict laws with regard to carrying firearms too. Some allow concealed
carrying, whereas others allow open carrying. There are also states that allow people to
carry guns without having a permit for it.
Gunshow Loophole
There are very clear laws with regard to selling and purchasing firearms. Yet, not everyone
who has a gun requires an FFL to conduct a background check. Unfortunately, this means
that guns can fall into the hands of those who are not allowed to own any kind of firearm.
Let’s take a minute to understand how this works.
You see, as per the ATF, guns can be sold without an FFL from people, homes or online, if
the sale is not being carried out as a regular activity. For example, suppose someone is
selling a gun from his personal collection. Such a sale would not require a background check.
Typically, these checks are limited to only those who want to profit from the sale of that
gun.
This is, in fact, a major loophole here in gun rights in the US. The fact that someone can own
a gun without any background check at all leaves a lot of room for ambiguity. Considering
how gun violence in the US has greatly increased over the years also goes on to show that
there are people who own guns without having the legal rights to do so. Some people also
tend to give guns as gifts.
Buying guns from licensed manufacturers can help improve the situation. You want to make
sure that you are buying a gun the legal way to avoid getting into trouble with the law. If
you are looking to purchase firearms from federally licensed manufacturers, then check out
our website today!