Federal and state laws allow individuals to purchase and possess guns or firearms. However, both gun possession and the use of guns are heavily regulated by gun control laws. Gun control laws cover a wide range of activities and rights associated with firearms in attempts to curb gun violence.
In general, the phrase “gun control” refers to governmental efforts to limit or restrict the production, sale, possession and use of guns by private citizens. Gun control laws usually involve personal firearms such as hand guns and long guns. The right to bear arms is referenced in the 2nd Amendment to the U.S. Constitution.
Gun control laws may vary widely according to region. For example, gun control laws tend to be less restrictive in rural areas than urban areas, due to the higher number of sportsmen and hunters in rural populations. Some states impose stricter gun control laws, especially those with urban cities with high crime rates.
Gun control laws cover nearly all aspects of firearm use and possession, including:
States that have very permissive gun control laws may apply exceptions to their rules. For example, Arizona gun laws permit “open carrying” of guns in public. However, Arizona’s open carry policy contains many exceptions, including a prohibition on guns in certain places such as establishments that serve alcohol or in correctional facilities.
Lastly, state laws can vary widely depending on the type of gun in question. One type of gun may be prohibited in one area, but allowed in another region. In general, an outright ban on all guns is generally held to be unconstitutional according to the U.S. Supreme Court's interpretation of the 2nd Amendment.
Be advised that gun control laws change frequently in response to current events. There is often active debate surrounding gun control, so be sure to contact an attorney if you have any questions about the current state of the law in your area.
Violations of gun control laws, such as a straw purchase, usually result in felony charges. These are very serious crimes which may result in penalties including prison sentences for longer than one year, heavy monetary fines, parole or probation periods, and sometimes the complete loss of gun ownership rights.
Also, some state gun control laws are not specific to residents of that state, meaning that visitors to a state may be prosecuted under local laws even if they do not live there.
State-imposed gun control laws are constantly changing in response to constitutional challenges. You should consider consulting with a criminal defense attorney if you have questions regarding your rights. Also, a criminal lawyer can represent you in court if you are facing criminal gun possession charges.
Last Modified: 10-03-2016 09:57 PM PDTLaw Library Disclaimer
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