What Are Rights Under the Second Amendment?
The laws and privileges derived from the United States Constitution of 1789 are known as constitutional laws. These laws represent both the country’s laws and regulations as well as the rights of the many citizens who live there.
Constitutional provisions govern the federal, state, and local governments in the United States. These laws establish the boundaries of what the government can and cannot do legally. These laws also specify the fundamental rights of its residents.
Additionally, every state in the United States has a unique constitution that controls its particular population. Constitutional law is most frequently linked to fundamental freedoms like equal protection, the right to keep and bear weapons, freedom of religion, and freedom of expression.
The top authority on all matters of constitutional law is the US Supreme Court. A constitutional amendment that has the support of three-fourths of the states is the only thing that could overturn a Supreme Court ruling.
The Second Amendment to the US Constitution expressly recognizes the people’s right to keep and bear arms. As the Supreme Court has not yet established what this term means in reality, the precise meaning of this phrase is still up for question.
According to the Second Amendment, “the right of the people to keep and bear arms shall not be infringed” because “[a] well-regulated militia, being essential to the security of a free state, must not be infringed.” The Supreme Court hasn’t issued many rulings concerning the Second Amendment’s interpretation.
As a result of the Supreme Court’s 2010 decision that the Second Amendment’s right to keep and bear arms extends to the states, the constitutionality of state gun control measures around the United States is currently under scrutiny. Indications from the Supreme Court regarding the kinds of gun restrictions that would be deemed constitutional and those that would not be were quite limited. It is crucial to remember that this legislation must go through the legal system to determine the exact details of its constitutionality.
When is Carrying a Gun Illegal?
Gun control laws restrict gun ownership to protect the person with the gun and others around them. Several variables, including a person’s age, background, the kind of gun they hold, and if they violate concealed carry regulations, determine whether it is illegal to own a gun.
What are the Restrictions on Private Gun Ownership?
There are several reasons why gun ownership might be prohibited, including:
- Age/Gun Type: According to federal law, anyone under 18 cannot purchase a pistol. Rifles and shotguns are examples of long weapons exempt from the ban. The minimum age to buy a handgun varies by state and is often 21 years old, although each has the authority to impose more stringent age restrictions.
- Background: The history of a person may also make it unlawful to own a firearm. Anyone convicted of or charged with a federal crime with a potential sentence of more than a year in jail is prohibited from purchasing a gun under federal law (generally, these are felonies). A felony or misdemeanor with a sentence of more than two years in prison has been found guilty or prosecuted in state court.
Each state has the authority to impose restrictions on who is allowed to own a gun based on their background, which is stricter than federal law, just like the age restriction.
Does New York Have a Law to Prevent Child Access?
In many other states, gun owners are not held accountable for leaving their weapons around for minors. However, child safety locks must be offered alongside weapons.
What About Background Checks in New York?
All handgun sales, including those at gun fairs, require a background check. Before buying a handgun, buyers must get a license from law enforcement. It may take up to six months to complete this background check.
A criminal history check is required for the license, and applicants must be at least 21 years old. It’s required to fingerprint new handguns ballistically.
Is Possessing a Concealed Weapon Illegal?
Yes. However, if the police feel it will increase public safety, they may provide licenses to carry concealed weapons in public.
Does Possession of Firearms Require a License in New York?
Yes, according to state law, weapons owners must have law enforcement licenses. Except in New York City, Nassau, Suffolk, and Westchester counties, where licenses have fixed terms, a license is valid until it is canceled. If there is a legal basis for your case, a knowledgeable New York criminal attorney with experience in gun rights can give you further information.
Do Assault Weapons Have a Ban in New York?
Yes, some assault weapons and magazines are restricted from being sold and owned.
What is the Geographical Restriction on Owning Guns?
Even if a person can lawfully own a gun elsewhere, there are some places where it is illegal to own a gun. Again, there are both federal and state laws, allowing the states to be stricter. Gun ownership is prohibited in federal facilities under federal law:
- Postal Service
- Airports and inside of aircraft (except when the weapon is unloaded, is in a checked bag, and the airline was made aware of the weapon)
- K–12 school zones (except for someone having a state-issued concealed carry permit)
- In most places, it is illegal to carry a firearm into courthouses and other public buildings; however, open carry permit holders frequently have various legal rights.
Other places where states frequently forbid firearms are:
- Establishments that serve alcohol.
- Voting Locations
- Daycare Center
A gun attorney can explain local limitations if you’re unclear about the law in your state.
What is the Penalty for a Conviction of Illegal Firearm Possession?
The right to bear arms is guaranteed by the Second Amendment, although it is not unqualified.
Violating any of the prohibitions above on carrying a handgun may result in harsh legal repercussions. Additionally, carrying a gun while committing another crime typically results in higher penalties.
It is nearly always against the law for someone convicted of a felony to possess a handgun, and doing so carries severe penalties. However, most states permit felons to regain their gun ownership privileges as long as they are not judged a threat to public safety, and doing so does not go against the general good.
Do I Require Legal Assistance for Charges of Gun Possession?
A New York criminal attorney should be consulted if you have questions about the unique gun laws in your state, if you’ve been accused of illegally carrying a handgun, or if you wish to try to get your gun ownership privileges reinstated.
Gun ownership or gun charges are particularly serious and are not something you want to risk due to the penalty and potential repercussions of breaking the law on guns.