In theUnited States, theright to keep and bear arms is modulated by a variety of state andfederal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction offirearms,ammunition, and firearms accessories.[1] They are enforced by state, local and the federal agencies which include theBureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The private right to keep and bear arms is protected by theSecond Amendment of theUnited States Constitution. This protection became legally explicit when theU.S. Supreme Court ruled inDistrict of Columbia v. Heller (2008) that the Amendment defined and protected an individual right, unconnected with militia service. A subsequent holding inMcDonald v. City of Chicago (2010) ruled that the Second Amendment isincorporated by theDue Process Clause of theFourteenth Amendment and thereby applies to state and local laws. InNew York State Rifle & Pistol Association, Inc. v. Bruen (2022) the Court struck down New York'smay-issue policy of being required to show "proper cause" to be granted a concealed carry license, but allowed states to enforce "shall-issue" permitting where applicants must satisfy certain objective criteria such as passing abackground check. It also held that any regulation of firearms in the United States is presumed unconstitutional unless the state can prove it is rooted in the country's text, history, and tradition. InUnited States v. Rahimi (2024), this test was refined as the Court upheld federal laws restricting gun rights from those accused of domestic violence and said that lower courts should not seek exact comparisons when reviewing the historical tradition but rather look at similar analogues and general principles.[2]
Most federal gun laws are found in the following acts:[3][4]
Fugitives, those convicted of afelony with a sentence exceeding one year, past or present, and those who were involuntarily admitted to a mental facility are prohibited from purchasing a firearm; unless rights restored. Forty-five states have a provision in theirstate constitutions similar to theSecond Amendment to theUnited States Constitution, which protects theright to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[5][6] Additionally, theU.S. Supreme Court held inMcDonald v. Chicago (2010) that the protections of the Second Amendment to keep and bear arms in one's home apply against state governments and their political subdivisions.[7] InNew York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court ruled that states could not require "proper cause" or a "special need" when issuing a license for concealed carry.[8]
Important events regarding gun legislation occurred in the following years.[9]
In 1791, theUnited States Bill of Rights were ratified, which included theSecond Amendment to the United States Constitution which stated that "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."
In 1934, theNational Firearms Act (NFA) was signed into law under PresidentFranklin D. Roosevelt's Administration in an effort to curb prohibition-era violence.[10][11] Between 1920 and 1933 the homicide rate in the United States had been rising year-over-year as an example of theunintended consequences of passingProhibition into law, and the concomitant violence associated with making illegal a widely in-demand product.[10][12] The NFA is considered to be the first federal legislation to enforcegun control in the United States, imposing a $200 tax, equivalent to approximately $3,942 in 2022, on the manufacture and transfer ofTitle II weapons. It also mandated the registration ofmachine guns,short-barreled rifles and shotguns, heavy weapons, explosive ordnance,suppressors, and disguised orimprovised firearms. When Prohibition was ultimately repealed in 1933, and the monopoly on alcohol maintained by organized crime was ended, there was a significant decline in the homicide rate.[10][11] In fact, "...homicides continued to diminish each year for eleven years straight [after the repeal of Prohibition]."[10][12]
In 1938, President Franklin D. Roosevelt signed theFederal Firearms Act of 1938 (FFA) into law, requiring that all gun-related businesses must have afederal firearms license (FFL).
In 1939, through the court caseUnited States v. Miller, theSupreme Court of the United States ruled that Congress could regulate interstate sellingsawed-off shotguns through the National Firearms Act of 1934, deeming that such a weapon has no reasonable relationship with the efficiency of a well-regulated militia.
In 1968, following the spree of political assassinations including: theassassination of John F. Kennedy, theassassination of Robert F. Kennedy, and theassassination of Martin Luther King Jr, PresidentLyndon B. Johnson, pushed Congress for theGun Control Act of 1968 (GCA). It repealed and replaced the FFA, regulated “destructive devices” (such as bombs, mines, grenades, and other explosives), expanded the definition ofmachine gun, required the serialization of manufactured or imported guns, banned importing military-style weapons, and imposed a 21 age minimum on the purchasing of handguns from FFLs. The GCA also prohibited the selling of firearms to felons and the mentally ill.
In 1986, contrary to prior gun legislation, theFirearm Owners Protection Act (FOPA) (1986), passed under theRonald Reagan administration, enacted protections for gun owners. It prohibited a national registry of dealer records, limited ATF inspections to conduct annual inspections (unless multiple infractions have been observed), allowed licensed dealers to sell firearms at "gun shows" in their state, and loosened regulations on the sale and transfer of ammunition. However, the FOPA also prohibited civilian ownership or transfer of machine guns made after May 19, 1986, and redefined "silencer" to include silencer parts.
In 1993, theBrady Handgun Violence Prevention Act, named after a White House press secretary who was disabled during theattempted assassination of Ronald Reagan, was signed into law under thepresidency of Bill Clinton. This act required that background checks must be conducted on gun purchases and established acriminal background check system maintained by theFBI.
In 1994, theViolent Crime Control and Law Enforcement Act was signed into law under thepresidency of Bill Clinton, which included theFederal Assault Weapons Ban, effectively banned the manufacturing, selling, and possession of specific military-styleassault weapons such asAR-15 style rifles and bannedhigh-capacity ammunition magazines that held over 10 rounds. Banned arms that were previously legally possessed weregrandfathered. The ban expired in September 2004.
In 2003, theTiahrt Amendment proposed by Kansas Representative,Todd Tiahrt, limited the ATF to only release information from its firearms trace database to only law enforcement agencies or a prosecutors in connection with a criminal investigation.
In 2005, TheProtection of Lawful Commerce in Arms Act was signed into law under thepresidency of George W. Bush. This act protected gun manufacturers from being named in federal or state civil suits by those who were victims of crimes involving guns made by that company.
In 2008, the Supreme Court ruled in the caseDistrict of Columbia v. Heller that the Second Amendment is an "individual right to possess a firearm unconnected with service in a militia" and struck down Washington D.C.'s handgun ban. But the Supreme Court also stated "that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated."
In 2010, the Supreme Court ruled in the caseMcDonald v. Chicago that the Second Amendment isincorporated and thus applies against the states.
In 2016, the Supreme Court ruled in the caseCaetano v. Massachusetts that "the Second Amendment extends,prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding".
In 2022, the Supreme Court ruled in the caseNew York State Rifle & Pistol Association, Inc. v. Bruen "that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home" and that "theState’smay-issue licensing regime violates the Constitution."
Theright to keep and bear arms in the United States is protected by theSecond Amendment to theU.S. Constitution.[13] While there have been contentious debates on the nature of this right, there was a lack of clear federal court rulings defining the right until the two landmarkU.S. Supreme Court cases ofDistrict of Columbia v. Heller (2008) andMcDonald v. City of Chicago (2010).
An individual right to own a gun for personal use was affirmed inHeller, which overturned a handgun ban in thefederal District of Columbia.[14] In theHeller decision, the court's majority opinion said that the Second Amendment protects "the right of law-abiding, responsible citizens to use arms in defense of hearth and home."
However, in delivering the majority opinion, Supreme Court JusticeAntonin Scalia wrote on the Second Amendment not being an unlimited right:
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.[15][16]
The four dissenting justices argued that the majority had broken prior precedent on the Second Amendment,[17] and took the position that the amendment refers to an individual right, but only in the context of militia service.[18][19][20][21]
InMcDonald, the Supreme Court ruled that, because of theincorporation of the Bill of Rights, the guarantee of an individual right to bear arms applies to state and local gun control laws and not just federal laws.[22]
The Supreme Court ruled that the Second Amendment protects the right to carry guns in public for self-defense inNew York State Rifle & Pistol Association, Inc. v. Bruen in 2022.[23][24] Previously,federal appeals courts had issued conflicting rulings on this point. For example, theUnited States Court of Appeals for the Seventh Circuit ruled in 2012 that it does, saying, "The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside."[25] However, theTenth Circuit Court ruled in 2013 that it does not, saying, "In light of our nation's extensive practice of restricting citizen's freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections."[26] More recently, theNinth Circuit Court ruled in its 2016 decisionPeruta v. San Diego County that the Second Amendment does not guarantee the right of gun owners to carry concealed firearms in public.[27]
The following are eligible to possess and ownfirearms within the United States,[32][33] though further restrictions apply:
Under federal law, individuals must be 18+ years old to purchase a long gun and 21+ to purchase a handgun.[41] Each state is legally permitted to raise the age requirement, but can not make it younger than the federal law.
Each state has its own laws regarding who is allowed to own or possess firearms, and there are various state and federal permitting and background check requirements. Controversy continues over which classes of people, such as convicted felons, people with severe or violent mental illness,[42] and people on the federalno-fly list, should be excluded.[43][44] Laws in these areas vary considerably, and enforcement is in flux.
TheGun Control Act of 1968 prohibits certain classes of people from buying, selling, using, owning, receiving, shipping, carrying, possessing or exchanging any firearm or ammunition.[1][45] Those prohibited include any individual who:
These categories are listed onATFForm 4473 – Firearms Transaction Record background check form.[50] According to theUS Sentencing Commission, approximately 5,000 to 6,000 prohibited persons are convicted of unlawfully receiving or possessing a firearm each year.[51] In 2017, over 25.2 million background checks were performed.[52]
Under United States law, anycompany which orgunsmith who in the course of their business manufactures firearms of finished frames and receivers, or modifies firearms for resale, must belicensed as amanufacturer of firearms.[53] These regulations do not apply to manufacturers of kit components and non-firearms like so-called "80% receivers".[54][better source needed]
An estimated 16,000 to 18,000 indoor firing ranges are in operation across the United States.[55]
Recreational target shooting is generally allowed on public land administered by theBureau of Land Management; much target shooting is unsupervised, outside the auspices of purpose-built or organised ranges.[56][57] States may also allow shooting on state-administered public lands. "Dispersed recreational shooting" has resulted in a number of deaths from inappropriate and negligent practices such as attaching targets to trees and shooting without an appropriate backstop.[58][59][60] It is usually illegal to shoot at trees on public land.[61]
Concerns have been raised about criminal damage by target shooters to public lands, including the destruction of structures, vegetation and historic artefacts.[62] Littering is also cited as a problem in some areas, including the abandonment of empty casings and debris from unapproved targets such as old televisions, household appliances and glass bottles.[60]
Local restrictions are sometimes imposed on BLM-managed and state-owned public lands, particularly during wildfire season.[63] Unmanaged target shooting can contribute to wildfires, with dispersed recreational shooting linked to 64 Utah wildfires in 2020.[64][65] Calls have been made in some areas to construct more public-access ranges in conjunction with tougher restrictions on ad-hoc shooting on public land.[60][66] USCongressmanBlake Moore introduced the Range Access Act in 2022,[67] which would have required each national forest and Bureau of Land Management district to provide at least one public recreational-shooting range.[68]
Justice Stevens begins his opinion by conceding Justice Scalia's point that the Second Amendment right is an 'individual' one, in the sense that '[s]urely it protects a right that can be enforced by individuals.' He concludes, however, that all of the historical context, and all of the evidence surrounding the drafting of the Second Amendment, supports the view that the Second Amendment protects only a right to keep and bear arms in the context of militia service.
In both dissents, the clear implication is that if the purpose of the Second Amendment is militia–related, it follows that the amendment does not create a legal rule that protects an individual right to possess and carry fire arms outside the context of service in a state militia.
Justice John Paul Stevens argued that the debate over the Second Amendment was not whether it protected an individual or collective right but, instead, over the scope of the right to bear arms.
This article incorporates text from this source, which is in thepublic domain. This article incorporates text from this source, which is in thepublic domain., 1040-45 (BIA 1999) (en banc). This article incorporates text from this source, which is in thepublic domain., 765-66 (BIA 2012). This article incorporates text from this source, which is in thepublic domain., 169 (3d Cir. 2020);18 U.S.C. § 921(a)(20);18 U.S.C. § 927. This article incorporates text from this source, which is in thepublic domain., 1255 (9th Cir. 2019);8 U.S.C. § 1365(b) ("An illegal alien ... is any alien ... who is in the United States unlawfully...."). This article incorporates text from this source, which is in thepublic domain., 2194 (2019);United States v. Singh,979 F.3d 697 This article incorporates text from this source, which is in thepublic domain. (9th Cir. 2020) ("B1/B2 nonimmigrant visa holders do not automatically qualify for § 922(y)(2)'s exception and, by a plain reading of the statute, are subject to the prohibition on gun possession.");United States v. Gear,No. 19-10353 This article incorporates text from this source, which is in thepublic domain. (9th Cir. January 19, 2021);United States v. Mora-Alcaraz,No. 19-10323 This article incorporates text from this source, which is in thepublic domain. (9th Cir. January 21, 2021). This article incorporates text from this source, which is in thepublic domain.A 14-year-old Utah boy was killed after a bullet from a nearby group of target shooters missed the trees and struck him in the head, police and the boy's family said.
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