Guns And The Law


There are some very serious legal issues that you must acquaint yourself with to fully understand your legal rights, Federal laws and those of your state as to the ownership and use of firearms. As I am not a lawyer or capable of keeping current on the laws in all states, I will use links to the Bureau of ATF (Alcoholic, Tobacco and Firearms), the NRA and other sites that are very reliable and current. It is your responsibility to utilize these links and the information they provide to fully understand the legal issues. You will have to do quite a bit of reading and website hopping, but this is the only way to insure you are getting accurate and timely information. The laws change, so it is imperative that you stay current with what is happening in your state.


Let's start with an overview of the who and the what of firearm regulation

The sale and purchase of firearms on the federal level is regulated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). Formally known as ATF. Following the terrorist attacks on September 11, 2001, the bureau was transferred to the newly-created Department of Homeland Security. The BATFE regulates only federal firearms laws; your state or local laws may prohibit activities which are legal under federal law. http://www.atf.gov/

First, lets take a look at the Federal Laws.

The Supreme Court, in District of Columbia v. Heller (2008), ruled that the Second Amendment protects "the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment."

There are 40 Right-to-Carry states: 37 have "shall issue" laws, requiring that carry permits be issued to applicants who meet uniform standards established by the state legislature.

ATF - http://www.atf.gov/regulations-rulings/laws/

STATE GUN LAWS

This is a great interactive link with the NRA in which you can click on your state and find the state laws - http://www.nraila.org/gun-laws/state-laws.aspx   Scroll down the page to get to the map.

State Laws and Published Ordinances ATF - http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5.pdf   On this site, there is a list (on the right) with links to the laws of each state.

Compendium of State Gun Laws http://www.nraila.org/gun-laws/articles/2010/compendium-of-state-firearms-laws.aspx?s=&st=&ps=

RIGHT TO CARRY

There are 40 Right-to-Carry states: 37 have "shall issue" laws, requiring that carry permits be issued to applicants who meet uniform standards established by the state legislature. 

http://www.nraila.org/gun-laws/articles/2010/right-to-carry-2010.aspx?s=&st=&ps=

 



The laws are always changing. Do not rely on the map image above, check your state for current laws


CCW permits

Concealed Carry, or CCW (carrying a concealed weapon), refers to the practice of carrying a firearm in public in a concealed manner, either on one's person or in proximity.

There is no federal law specifically addressing the issuance of concealed carry permits, these are regulated at the state level. Currently, 49 states have passed laws allowing citizens to carry certain concealed firearms in public, either without a permit or after obtaining a permit from local and/or law enforcement. There are multiple terms used for these permits in different states, such as Concealed Handgun License/Permit (CHL/CHP), Concealed (Defensive/Deadly) Weapon Permit/License (CDWL/CWP/CWL), Concealed Carry Permit/License (CCP/CCL), License To Carry (Firearms) (LTC/LTCF), Carry of Concealed Deadly Weapon license (CCDW), Concealed Pistol License (CPL) and perhaps others.

State regulations relating to concealed carry permits generally fall into four categories described as Unrestricted, Shall Issue, May issue and No Issue.

Unrestricted

jurisdiction is one in which no permit is required to carry a concealed handgun.

Shall Issue

Jurisdiction is one that requires a permit to carry a concealed handgun, but is subject only to meeting certain criteria laid out in the law; the granting authority has no discretion in the awarding of the permits. Typically these laws state that a granting authority shall issue a permit if the criteria are met, as opposed to laws in which the authority may issue a permit at their discretion.

May Issue

jurisdiction is one that requires a permit to carry a concealed handgun, and the granting of these permits is partially at the discretion of local authorities (frequently the sheriffs department or the police). The law typically states that a granting authority "may issue" a permit if various criteria are met. While an applicant must qualify for a permit by meeting criteria defined in state law, local jurisdictions in May-Issue states often have locally-defined requirements that an applicant must meet before a permit will be granted, such as providing adequate justification to the approval authority for needing a concealed carry permit. Issuing authorities in May-Issue states often charge arbitrarily-defined fees and can sometimes make the CCW permit unaffordable to most applicants.

No Issue

jurisdiction is one that does not allow any private citizen to carry a concealed handgun. Illinois and the District of Columbia are No-Issue jurisdictions (Illinois and the District of Columbia forbid both open and concealed carry).

 

http://www.handgunlaw.us/

You can find your state's specific laws and CCW requirements at Handgun Law dot US.

Some states require training classes and the classes will vary from state to state, typically they are 4 to 8 hr. courses.


TRAVELING WITH OUR GUN

Federal law does not restrict those who can legally own a gun, from transporting legally acquired firearms across state lines for lawful purposes. No federal permit is required (or available) for the interstate transportation of firearms. But many states do, which of course differs from state to state.  

While Federal Law on Transportation of Firearms applies in every United States jurisdiction, experience has shown that some jurisdictions provide particular challenges to those transporting firearms. This is why it is important to know the local laws and which particular states may apply.  

http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx  

Here is another helpful map tool from the NRA and is a guide to Interstate Right To Carry Reciprocity and Recognition  


The laws are always changing. Do not rely on the map image above, check your state for current laws


Here are some specific links that applies to airplane travel


THE USE OF DEADLY FORCE

Private citizens may use deadly force in certain circumstances in self-defense. The rules governing the use of deadly force for police officers are different from those for citizens.

In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-weapons in an aggressive manner, such as a baseball bat or tire iron, may also be considered deadly force.

In the United Sates, a citizen may legally use deadly force when it is considered when the civilian feels their own life, or the lives of their family or those around them are in legitimate and imminent danger. Self-defense resulting in usage of deadly force by a civilian an individual or individuals is often subject to examination by a court if it is unclear whether it was necessary at the point of the offense, and whether any further action on the part of the law needs to be taken.

There are specific laws, state to state but this standard is fairly uniform across the United States. This standard has its roots in common law and has been used as a benchmark in law enforcement training.


http://www.armedcitizensnetwork.org   Legal defense network

You will have to do a little research on your particular State's laws pertaining to Deadly Force as I have been unable to find one reliable link that offers information on all States. It is easy to find them though on an individual state search. With the constant changes, I am not able to place them all here individually.

Generally, three elements that must be present are called Ability, Opportunity, and Jeopardy. When these three things are present, any reasonable person would believe that a life was in danger, therefore making the the defendant's legal position very strong. Having any of these elements missing, makes it more difficult to prove to a jury that the use of deadly force was necessary.

Ability means that the other person has the power to kill or to cripple you. Opportunity means that the circumstances are such that the other person would be able to use his ability against you. Jeopardy means that the other person's actions or words provide you with a reasonably-perceived belief that he intends to kill you or cripple you.

Kathy Jackson of the Cornered Cat has a great article expanding on Ability, Opportunity and Jeopardy. http://corneredcat.com/Ability_Opportunity_Jeopardy/

Here also is a great article written by lethal force expert Massad Ayoob regarding the use of deadly force in a rape.  http://www.backwoodshome.com/articles/ayoob65.html

Castle Doctrine

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend their place, and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state though not all states in the US have a Castle Doctrine law.

http://nraila.org/news-issues/issues/self-defense-castle-doctrine.aspx

Each state has its own Castle laws, which have a number of limitations and exclusions to the law. Generally speaking, though,

you MUST:

  • Believe that the intruder intends to do serious harm
  • Believe that the intruder intends to commit a felony
  • Not have provoked the intruder or threat of harm

and you MAY:

  • Be protecting yourself or any other within the residence
  • Need to announce your presence and intention to retaliate

In all cases, the occupant must legally be in the residence, and the intruder must be there illegally. Additionally, Castle laws may extend these rights to a workplace, car, or other residence where the occupant is legally.

In some states, the Castle Doctrine provides complete immunity, including from future civil suits brought forth by the intruder and/or the intruder's family.


BUYING YOUR GUN

Under federal law, new firearms may only be sold by businesses which possess a Federal Firearms License (FFL), and are known as FFL Dealers. There are multiple legal ways to purchase a gun.

Gun Store

Although FFL dealers are licensed by the federal government, they are also subject to many local laws and regulations. They must possess business licenses, fit within zoning requirements and may only offer guns for sale which are legal within the state, county, and city where they operate. They must also follow any federal, state, and local laws, regulations, and rules which may apply to the purchase. If a waiting period is required then it is the FFL dealer's responsibility to enforce it.

An FFL dealer must comply with the federal paperwork requirements. You will need to show photo ID and fill out a Form 4473. The dealer must keep this form on file and show it to the BATFE upon request. The FFL will call in your personal information to the National Instant Criminal Background Check System (NICS) clearinghouse. The FFL the dealer will receive one of three possible answers from NICS: an approval, a delay, or a deny. If the sale is approved, the FFL dealer is given an authorization code which he will note on your paperwork. Delays happen for a variety of reasons which may not be immediately obvious to the buyer. Delays do not always result in a denial, the dealer will tell you when you can come back to finish processing your paperwork. A denial means you are not legally permitted to purchase a firearm for some reason. You will want to find out the reason for it and, if justified, fight to appeal the denial.

Many states require waiting periods when purchasing a firearm. You will complete your paperwork, pay in full for the firearm and will be allowed to go back to the dealer and pick up your firearm once that period has passed.

Online Gun Store

In most states, it is legal to purchase a firearm online, these sales must also be through an FFL dealer as well as shipped to a FFL dealer in your state who will typically charge anywhere from $20 to $50 for this service. It is illegal to ship a firearm to a personal residence or any location which does not hold a valid FFL. All of the above verification and paperwork requirements applies online as they do in a local guns store.

Private Party Sales

All NEW firearms must be sold through a FFL dealer but in some states, private sales of USED guns are legal without an FFL. In some states, an citizen may lawfully sell a used gun to another citizen within the same state. There are many federal, state, and local regulations which apply to private party sales. It is your responsibility to fully understand the laws and how they apply in your state.

If you are a purchasing your first firearm, it is strongly encouraged that you make this purchase through a FFL dealer.

Gun Shows

The vendors that sell firearms at gun shows are FFL dealers, typically these are stores that utilize the gun show arena to reach new customers. FFL dealers at gun shows must comply all of the same federal, state, and local laws which apply to them when they operate out of their regular places of business. This includes background checks, waiting periods, and any other requirements required by your local politicians.

If private sales are legal in your state, and if the gun show's management allows, there may also be private sellers at the gun show. Private sellers at gun shows must comply with every single federal, state, and local law which applies to all other private sales within your jurisdiction. If private sales are not legal in your state, county, or city, there will be no private sellers at your local gun show.


Guns Around the World






© 2012 The Well Armed Woman, LLC

Disclaimer: The information provided on this website is for information purposes only and is provided solely as a guide to assist you in forming your own opinions.  Although the information on the website has been obtained from sources believed to be reliable, it is provided on an "as is" basis without a warranty of any kind.  None of the information is legal advice or the opinion of any professional or expert.  This website is not a substitute for formal, qualified instruction in the handling, use or storage of firearms.  You alone are completely responsible for your use of a firearm. 


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