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Gun Laws
Laws about firearms can be very different from place to place. Laws dictate who, when, where, and how a gun may be carried, or in what situations it may be fired. Violation of gun laws have serious consequences, so it is important to check and double check what your rights and responsibilities are.
794 Questions
Is it legal to shoot a bb gun in St. Louis county?
According to the Missouri State Constitution, Article 1, Bill of Rights Section 23 - That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.
Most municipalities do not allow the firing of any gun, including air guns, within their limits, "constitutional" rights notwithstanding.
What do liberals think about gun control?
Some are for it and some are against it. Most believe that they know what is best for the rest of us.
How has the Supreme Court interpreted the Second Amendment recently?
The Supreme Court has only granted certiorari for a few cases focusing on gun control since its decision in US v. Cruikshank, (1875) that gun regulation is a states' rights issue not subject to federal statutes.
United States v. Cruikshank, 92 US 542 (1875)
The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.
Presser v. Illinois, 116 US 252 (1886)
Held that Illinois had a right to regulate and control military bodies, including those engaged simply in drilling and parades, and upheld its right require a permit for such activities when firearms are involved. Reaffirmed that the Second Amendment applies only to the federal government.
Miller v. Texas, 153 US 535 (1894)
The Court reaffirmed Cruikshank, but refused to hear Miller's claim that his Second Amendment rights applied under the Fourteenth Amendment on its merits because the Second Amendment question had not been preserved (was not invoked at trial and in the subsequent appeal).
US v. Miller, 307 US 174 (1939)
Upheld as constitutional the 1934 National Firearms Act that regulated, taxed and required registration of certain types of firearms (in this case, a sawed-off shotgun). Required that the petitioner show evidence in remand to the trial court that the shotgun contributed to the efficiency of a "well-regulated militia."
Lewis v. US, 445 US 55 (1980)
Upheld as constitutional Title VII of the Omnibus Crime Control and Safe Streets Act of 1966, prohibiting convicted felons from possessing firearms.
In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the Supreme Court denied certiorari on a US District Court case that overturned the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms. When the Supreme Court declines review of a case, the decision of the lower court is final.
Last Term, the Supreme Court heard District of Columbia v. Heller, 554 US ___ (2008), a case that alleged Washington, DC, gun control laws were unconstitutional. The Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that the District of Columbia's requirement that guns within the home be unloaded, disassembled and locked were unconstitutional.
The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states, which are not currently bound by the Second Amendment (an unincorporated Amendment; see Related Questions for more information).
McDonald v. City of Chicago, 561 US ___ (2010) The Supreme Court held self-protection is a fundamental right, and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause.
For more information, see Related Questions, below.
What states recognize Ill consealed carry gun laws?
Florida's reciprocity states include: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Maine, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wyoming.
You may want to look into the firearm laws for these states before traveling to them with your concealed firearm. States have different firearm laws. For example, some states issue concealed weapons licenses to individuals under 21 years of age. Florida doesn't, so anyone possessing a license from one of these sates that is under 21 is prohibited from carrying a concealed weapon or firearm in Florida.
How do you get a legal permit to carry a conceled pistol in your vehicle?
It depends on where in are. A few states allow concealed carry by any person who is not a felon, but in most states, you have to apply for a permit through the state or your local sheriff, and in most (but not all) of those states, you have to take a safety class first. Check handgunlaw.us for more info.
Is a bb gun considerd a firearm?
It depends upon how the national laws are worded and the definition of firearm. In some countries a firearm is definied as a device capable of launching a metal projectile through a metal barrel, in other places it may require the use of chemical reaction (gunpowder) or air to launch the projectile. In UK coil spring guns are lumped in with air guns and fall outside the Firearms Act, but it is still an offence under the Anti-Social Behaviour Act 2003 to carry an airgun in a public place without good reason and an offence for a person under 17 years to be in possession of an airgun.
Which US Supreme Court case was the first to address the Second Amendment?
United States v. Cruikshank, 92 US 542 (1875)
The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.
[The Second Amendment was subsequently incorporated to the states via the Fourteenth Amendment Due Process Clause in McDonald v. Chicago, 561 US ___ (2010), in a decision released June 28, 2010.]
Are bb guns legal in ny state?
I recently wrote to a friend who works in Law enforcement in NY City here is his answer about air gun laws in NY.
1) They are prohibited in NY City (Brooklyn, Bronx, Queens, Manhattan, etc..) unless you have secured a license from the Police Commissioner.
2) In the rest of the State, they are prohibited by anyone under the age of 16 AND they are prohibited on school grounds UNLESS "permission has been granted by the educational facility for use on their property yada yada yada....."
I have found nothing that says anything regarding possession by an adult as long as its propellant in "spring loaded or CO2".....
Is it legal to shoot a bb gun in your backyard in Sacramento?
It is my understanding you can shoot an air gun in the backyard in the County of Sacramento (I don't know about the City of Sacramento) providing the pellet does not travel past your premises onto a neighboring property.
If the pellet gun is loud, there might be some issues relating to noise ordinance... usually after or before certain hours.
The only laws on the books in Sacramento County specify issues regarding to shooting in or within 150 yards of a public park... which is not allowed.
Under FEDERAL LAW, all NFA (National Firearm Act) items are legal for private ownership across the entire United States. This includes silencers. The restrictions for private ownership are set at the state level. Kansas has no restrictions for legal ownership of silencers, therefore silencers ARE LEGAL in Kansas.
To legally buy a silencer in Kansas (or any other state which allows them) you must be:
1. A citizen of the USA
2. Over 21 years of age
3. NOT a felon
... and, as stated above, you must reside in a state that allows private ownership of silencers.
Those are the only requirements for a person in the USA to legally own silencers!
The process to buy silencers involves applying on an ATF Form 4 and paying $200 to the BATFE for a tax stamp, thus giving you the legal ability to take possession of the serial numbered silencer. Depending on how you apply (as an individual or as a legal entity like a Trust), you may need to obtain a CLEO (chief law enforcement officer) signature on your Form 4, submit fingerprints, and a submit passport sized photos of yourself to the BATFE as well.
Many of these questions regarding silencer ownership can be found at NCSILENCER (dot) com.
Can you own a BB Gun in Wyoming if you are a felon?
Colorado is currently reforming their laws on felons with firearms. If laws pass, it will depend on what type of crime you commited. If it was a violent crime or involved force, you will still lose your right to carry. At the time, it is best to check with your attorney, judge, or local law enforcement before you pick anything up.
Is it legal to carry a firearm in a commercial vehicle?
If you are legally entitled to possess them and you are in compliance with all applicable state law, yes. However - consider the fact that your employer may not approve, or allow it.
How can i get a replacement for a lost gun permit in Va?
Are you referring to the concealed carry permit? It's the only "gun permit" I can think of in Virginia. Go to the sheriff's office which issued it to you, and request a replacement, is all you have to do.
What is the general purpose of 2nd amendment?
To limit the ability of the government to have total power over the people.
Founding father quotes on the 2nd amendment;
"The Constitution shall never be construed....to prevent the people of the United States who are peaceable citizens from keeping their own arms" (Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87)
"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American... The unlimited power of the sword is not in the hands of either the federal or state government, but, where I trust in God it will ever remain, in the hands of the people" (Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788)
"The best we can hope for concerning the people at large is that they be properly armed." (Alexander Hamilton, The Federalist Papers at 184-8)
"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- (Thomas Jefferson)
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined" (Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836)
"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . the very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" (George Washington)
Read more: http://wiki.answers.com/What_is_the_Second_Amendment#ixzz19wqEuaVH
Can you carry a pellet gun in Illinois?
You can "transport" a gun, meaning you can have it in the car as long as it isn't loaded or accessible, but you can't carry the gun loaded and accessible like you can in some other states. The exception is the city of Chicago, where you can't have a handgun at all.
What are black powder gun law in pa?
Yes. You must have a concealed carry permit in order to carry concealed (it's a third degree felony if you are not licenced), and unlicenced open carry is permitted, except while in vehicles, the city of Philadelphia, or any place prohibited by local statute.
What does the second Amendment to the Constitution deal with?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
it means you hane the right to bear arms (if it is registered)
How do you get a gun permit in Iowa if you were denied?
If you were denied for a gun permit, you probably can't get one.
Is it legal to carry a shotgun in your car in Arkansas?
It would appear so, but it would be smart to check with an attorney.
Is it illegal to shoot at birds with a bb gun in your backyard in salt lake city?
Probably. In Utah, it is illegal to discharge any "dangerous weapon" or firearm within 600 feet of any building unless you have specific written permission to do so from the owner of that property. A dangerous weapon is any device capable of causing death or serious bodily injury. I'm sure a BB gun could qualify but I'm not a lawyer. There may also be specific laws in SLC proper but I'm not sure.
Yes.
However, there are strict gun licence laws, and anyone who wants to own or use a firearm must have a Firearms Licence. As it currently stands, only a very small percentage (around 5%) of Australians actually own a gun.
If your record is expunged can you buy a legal firearm?
You will have to check with your own particular state's laws on this. Some states will expunge Domestic Violence convictions and some won't. Even if the offense is expunged that does not mean it 'disappears,' it only means that the general public won't be able to see it. Law enforcement, the courts and government agencies will still have access to your "true" record and that may prove to be your stumbling block to firearms ownership.
Can a felony stop you from getting a concealed hand gun permit?
If you have been convicted of any felony, you cannot even possess a handgun or other firearm (unless your rights have been restored). Additionally, no state will issue a gun permit to a felon, unless your rights have been restored.
Very severe restrictions on possession of any firearm except by members of the government/ military.
