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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!