Gun Laws

Gun owners, dealers, and collectors must adhere to the state and federal laws if they want to acquire firearm, or operate a business selling guns.

The Second Amendment of the US Constitution stipulates that the “right of the people to keep and bear Arms, shall not be infringe.”

Gun owners always emphasize this Second Amendment during argumentation over the state or local gun law limitations.

Federal Gun Laws

The federal law limits who can own, possess, or sell guns. The National firearms Act makes it illegal for an individual to acquire a firearm that is not particularly registered to them.

Under the Brady Act, you cannot possess gun for personal or business reasons if you:

  • Were convicted of particular crime punishable by imprisonment for more than a year;
  • Are a fugitive from justice;
  • Are addicted to, or illegally use, any controlled substance;
  • Have been ruled mentally effective by any court, or placed to a mental institution;
  • Received a dishonorable discharge from US Armed Forces;
  • Are subjected to any court restraining order that involves your “intimate partner,” your partner’s child, or children;
  • Are illegal alien residing in the United States unlawfully;
  • Were convicted of any domestic violence in a court of a misdemeanor; or
  • Renounced your US citizen

State Gun Laws

State gun laws differ from one state to another state (see “State Gun Control Laws” for every state directory). There are states that have many firearms limitations than other states. While some gun owners who come to visit other states are granted reciprocity and recognition for the “right to carry” laws they have in their home state. Not all states are granted such rights. The “Right to carry” gun laws are federal and state constitution provisions that acknowledge the gun owner’s the right to use their his/her gun for defensive reasons.

There are some states that give the gun owners more rights than others have. For instance, twelve states are presently forbid employers from firing their employees who leave guns locked in their personal vehicles on company property. This follows that the other 38 states allow companies to limit employees from carrying weapons in their cars or trucks on company property.

The states have also laws that either allow or restrict you from openly bringing a gun in public. These are known as “open carry” laws. Basically, the states are grouped into 4 categories:

  • Permissive Open Carry States – allow you to bring a gun without a permit or license
  • Licensed Open Carry States – permit gun owners to bring firearms openly only after they are issued permit or license;
  • Anomalous Open Carry States – bringing a gun openly may be generally lawful under a state law, however, local government may pass their own gun laws that can be more restrictive than the laws of the State;
  • Non-Permissive Open Carry States – bringing a gun openly is against the law, or may be legal only in limited situations such as while hunting, or when it is legally used for self-defense.

If you have just transferred to a state with an open carry law, there is usually a waiting period before you can apply for an open carry permit or license.

Open carry limitations are usually the subject of lawsuits filed by the gun owners against states where they live.

If you have other inquiries, contact an experienced gun rights lawyer close to you.

Guns and your Legal Rights

If you are charged with the illegal possession of a gun, or have been charged with firearms-related crimes, you can contact a lawyer immediately to discuss your legal options.

Some of the legal considerations that the lawyer can review with you include:

  • The meaning of being charged with violating a state or federal gun law, including the elements of the crime, the probable defenses, and the duration of any possible criminal sentence;
  • If you or any of your family members are victims of gun violence, whether to recover damages from assailants and their employers.

Safety Gun Tips

  • Adhere to local, state, and federal gun laws. If you possess or sell guns, you should apply tremendous care in handling them. When errors occur and guns have the probable to severely injury or even kill.
  • Ensuring that you undergo safety training and practical experience to complement your legal possession of firearms and ownership.
  • Never allow children play with guns.
  • Similar to any dangerous weapon, guns can hurt seriously hurt others. If someone is hurt, or a property is destroyed in a situation involving your gun, you can be held responsible in a civil lawsuit, and/or face charges in criminal court.
  • When you are outside of your home state, see the applicable local and state laws about gun ownership, use, and possession.
  • Avoid using guns while the influence of drugs and/or alcohol.

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