Not All American’s Have the Right to Bear Arms

Views: 8786

Not All American's Have the Right to Bear Arms

Share and Discuss: (Copy Paste This Code)

Do we know what the Second Amendment really meant to our Founding Fathers?

Amendment II: 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.

  • Many People Still Debate the Scope of an American’s Right to Bear Arms
    • “Individual right theory”
      • Some people believe “the right of the people to keep and bear Arms” means
        • A Constitutional right to bear arms for all U.S. citizens
        • Legislative bodies are restricted from prohibiting firearm possession
      • “Collective rights theory”
        • Others argue that “a well regulated Militia” shows
          • Framers only intended to restrict Congress from taking away a state’s right to self-defense
          • Citizens don’t have an inherent, individual right to possess guns
          • Local, state, and federal legislation are authorized to regulate firearms

The U.S. has  <5%  of the world’s population, but 35% to 50% of the world’s civilian-owned guns are found in the U.S. the united states takes the #1 spot in firearm ownership per capita

  • What You Need to Know About Federal Gun Laws
    • Millions aren’t allowed to purchase guns at all
      • Persons under 18 years of age Underage persons (<18)
        • 7 MILLION
      • Persons convicted of a felony Convicted felons
        • 85 MILLION
      • Persons convicted of domestic abuse
      • Illegal aliens
        • 4 MILLION
      • Fugitives
        • 180,000+
      • Dangerously mentally ill persons
      • Unlawful users or addicts of controlled substances
        • 9 MILLION // Number Includes ineligible persons from 12 – 18 years of age
      • Dishonorably discharged military personnel
        • About 150/year
      • People who have renounced their U.S. citizenship
        • 4,279 in 2015
      • Convicted (or under indictment) persons for crimes punishable by imprisonment of 1+ years
      • Automatic Vs Semi-automatic
        • Automatic rifle (An assault rifle is a rapid-fire, magazine-fed rifle designed for military use)
          • Fully automatic (One trigger pull = Multiple shots)
          • Not legal to own without special license
          • Eg: AR-15 (Colt M16A1)
        • Semi-automatic Rifle (An semi-automatic rifle is a single shot, magazine-fed rifle designed for civilian use)
          • Semi Automatic (One trigger pull = One shot)
          • Legal to own without special license
          • Eg: AR-15 (Colt R6001 Sporter Carbine (SP1 Carbine))
        • The “AR” in AR-15 Is not an abbreviation for “Assault Rifle” “AR” stands for “ArmaLite Rifle”
          • The original manufacturer (ArmaLite) later sold the rifle design to Colt
  • Federal law universally prohibits the manufacture, importation, sale or delivery of
    • Machine guns (fully automatic weapons)
      • Eg: Avtomat Kalashnikov (AK-47)
      • 26 U.S.C. 5845(b) – The National Firearms Act defines “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot,  automatically more than one shot, without manual reloading, by a single function of the trigger.”
    • Armor piercing ammunition
      • Eg: 5.56 M855A1 Enhanced Performance Round
      • 18 U.S.C., § 921(a)(17)(B) – A projectile or projectile core which may be used in a handgun and which is  constructed entirely from  one or a combination of tungsten alloys, iron, brass, bronze, steel,  beryllium copper, or  depleted uranium Or A full jacketed projectile larger than .22 caliber designed and intended for use in a  handgun  and whose jacket has a weight of more than 25% of the total weight of the projectile
    • The Federal Assault Weapons Ban
      • The Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355 (Title XI-Firearms, Subtitle A-Assault Weapons)
      • Semiautomatic assault weapons and high-capacity magazines (more than 10 rounds of ammunition) were banned from 1994-2004 until these restrictions were allowed to expire
      • Assault Weapons Ban of 1994 banned specific models of weapons
        • Action Arms Israeli Military Industries ( UZI & Galil )
        • Steyr AUG (Army universal rifle)
        • And more
      • Rifles with two or more of specific cosmetic features:
        • Able to accept detachable magazine
        • Folding or telescoping stock
        • Pistol grip
        • Bayonet mount
        • Flash suppressor or threaded barrel
        • Grenade launcher mount
      • Assault Weapons Ban of 1994 also banned semi-automatic shotguns with two or more of the following:
        • Folding or telescoping stock
        • Pistol grip
        • Detachable magazine
        • Eg: Franchi (SPAS-12)
  • The National Firearms Act (NFA) requires Title II weapons, or NFA firearms requires a tax-paid registration from the ATF and $200 for every transfer.
    • Title II weapons or NFA firearms
      • Machine guns
        • Eg Military Armament Corporation Model 10 (MAC-10)
      • Silencers
      • Destructive devices
      • Short-barreled shotgun (SBS) with barrel less than 18 in. in length
        • Eg: Seraphim Armoury 9″ SBS
      • Rifle having a barrel less than 16 in. in length
  • The National Firearms Act (NFA) requires any other weapon (AOWs) (weapons/devices capable of being concealed from which a shot can be fired through explosion)
    • Requires a $5 Tax-paid registration from the ATF
      • Eg: Serbu Firearms Super-Shorty – Classified as an AOW due to original manufactured pistol grip, and smooth-bore barrel – considered an AOW, rather than a short-barrelled shotgun

Prohibiton era crime pushed Congress to enact the NFA and the $200 transfer fee in 1934 to all but prohibit NFA firearms—that’s the equivalent of $3,468.17 today!

  • Licensed Firearm vs. Unlicensed Firearm Dealers
    • Licensed firearm dealers
      • People “engaged in the business” of selling/repairing firearms, including all pawnbrokers
        • Maintain records of all gun sales
        • Make those records available to law enforcement for inspection
        • Report specified multiple sales
        • Report the theft/loss of a firearm from the licensee’s inventory
      • Unlicenced Firearm Dealers (“Private” sale)
        • People making occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection, for a hobby, or selling all/part of their personal collection of firearms
      • Surveyed state prison inmates from 13 states who were convicted of gun offenses reported
        • 4% obtained the gun from a gun store/pawnshop where background checks were enforced
        • 1% of inmates ineligible to possess a gun at the time of the crime obtained the firearm through an unlicensed seller
      • Where are many unlicensed sales taking place?
        • Gun shows
          • According to a 1999 ATF study, 25-50% of gun show vendors are unlicensed
        • Internet sales
          • In 2013 after a 3 month investigation, the NYT determined that more than 20,000 ads were being posted on each week
        • Criminal sale of stolen guns
          • In 2012, 173,000 guns were reported lost /stolen by not federally licensed dealers
          • Around 500,000 firearms are stolen annually from residences

As concerns rise that criminals can utilize private sales to seek out people willing to sell a gun without a background check, states are taking matters into their own hands

  • What You Need to Know About State Gun Laws
    • 18 US states and D.C. have instituted requirements for background checks for some unlicensed or private gun sales
      • Universal background checks at the point of sale for all transfers of all classes of firearms
        • California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State and D.C.
        • Maryland and Pennsylvania (handguns only)
      • Require any firearm purchaser to obtain a permit issued after a background check
        • Hawaii, Illinois, Massachusetts and New Jersey
        • Iowa, Michigan, Nebraska and North Carolina (handguns only)
      • *Illinois also requires a background check whenever a firearm is sold at a gun show
    • What states do not allow you to open carry in a public place?
      • California, Florida, Illinois, New York, and South Carolina, and D.C.
      • 15 out of 45 states that allow openly carried handguns give cities power to restrict those laws
    • Some States have pretty strict firearm restrictions
      • California
        • Must pass a universal background check for all gun sales and wait at least 10 days to receive purchase
        • Must microstamp handguns, e.g., make, model, and serial number of the gun is transferred to each cartridge case when gun is fired
      • Connecticut
        • Required to apply for and receive an eligibility certificate before you buy a handgun, a long gun, and/or ammunition
        • Agree to go through background checks by the FBI and the state of Connecticut
      • New Jersey
        • Illinois does not honor any other states firearm permit / license
        • A valid Firearm Owner’s Identification (FOID) card to acquire or possesses firearm or ammunition
    • Some States have pretty loose firearm restrictions
      • Florida
        • Can buy firearms through private sale without going through a background check
      • Mississippi
        • Not required to be licensed to own/buy a gun/ammunitition
        • Don’t have to register for a license to be or are a firearm dealer (only page a $100 “privilege tax”)
      • Arizona
        • Can buy as many firearms as you want at once
        • Can carry a concealed gun in public without a permit

Have a pending criminal or federal case?

Are you currently being investigated?
Request Free Evaluation Right Now.

Get Legal Assistance Near You

Geoffrey Nathan, Esq.

About Geoffrey Nathan, Esq.

Geoffrey G Nathan is a top federal crimes lawyer and Chief Editor of He is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. If you have questions about your federal case he can help by calling 877.472.5775.