Guns Laws In The USA

Below is a brief overview of the changes to the firearm laws over the course of the years. This is not meant to be an in depth article on the subject or to be taken as legal advice.

National Firearms Act (1934)

President Franklin D. Roosevelt - July 26, 1934

The National Firearms Act of 1934 imposed on excise tax on the manufacture and transfer of certain firearms and requires the registration of them. As of the passing of the Gun Control Act, firearms under the NFA umbrella are known as Title II firearms. The NFA was passed and went into law on July 26, 1934.

With the creation of the NFA, it created a category of regulated firearms, which include:

• Machine guns
  • 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
  • The frame or receiver of any such weapon
  • Any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machine gun
  • Any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person

• Short-barreled rifles (SBR)
  • The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

• Short barreled shotguns (SBSs)
  • The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.

• Suppressors
  • The term “Firearm Silencer” or “Firearm Muffler” means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler, any part intended only for use in such assembly or fabrication.

• Destructive Devices (DD) - (These were added to the NFA Omnibus Crime Control and Safe Streets Act of 1968)
  • Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
  • Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50 inch, such as 10-gauge or 12-gauge shotguns, are exempted from the law because they have been determined to have a "legitimate sporting use".)

• Any Other Weapon (AOW)
  • The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

The AOW is very fuzzy when it comes to what is an AOW and what isn't. For example a pistol such as a Glock in its factory form is a pistol, because it was designed to be shot one handed. A Glock with a foregrip on it is an AOW, because you are changing the way the gun was designed to be fired. This changes when you start to factory in Over All Length (OAL). If a pistol has an OAL of 26 inches, say for example an AR-15 pistol, then you are allowed to put a foregrip on it and it not be classified as an AOW. This is because any firearm with an OAL of 26 inches or more is not a rifle, pistol, or shotgun, it becomes a new classification, a 'Firearm'. Under this you are allowed to do it. To make things more complicated the law states that a foregrip is something that is perpendicular to the bore. With the law written the way it is, its legal to put an angled foregrip on a pistol without changing its classifications and making it a NFA item.

Parts associated with the NFA

Parts themselves are also regulated as controlled items under the NFA. For example the ATF rules that any part of a suppressor is a suppressor, which means that going to a gun store and buying just the baffles of a suppressor is illegal. Drop In Auto Sears (DIAS) are also regulated and controlled items. The ATF made a ruling on November 1, 1981 that any DIAS manufactured after that date is itself a machine gun and thus must be registered on the NFA, with the cut off for registering new machine guns on the registry being May 19, 1986. The exception to this would be full auto fire control groups (FCG). You are legally allowed to own machine gun parts, such as a full auto trigger or bolt carrier with a full auto trip on it, but you are not legally allowed to do so unless you have the correct FFL or you own a legal machine gun and are using them as replacement parts when legally acceptable to do so.

Exceptions to the NFA

Because nothing can be simple there are exceptions to the NFA. We talked a little about guns that have an OAL of 26 inches turning them into 'Firearms', but that is not the only one. There are some weapons that have been taken off the NFA requirements if they fall under the Curio and Relic classification, such as the Broomhandle Mauser. The Mauser, with its factory stock would normally make it a SBR, but because of its age it is not required to be on the list. Another exception would be for muzzle-loading rifles. They are considered 'antique firearm' and thus are not subject to the rulings of the NFA. In fact you can go into a store and buy a muzzleloader if you are of 18 years of age without the need of a NICS background check and filling out a 4473 because of their 'antique firearm' classification. There are of course exceptions to that rule but we can only go so far down that rabbit hole. Lastly is the bullet diameter ruling. If you remember back in the Destructive Device section the ruling says anything over a bore diameter of .50 of an inch is to be classified as a Destructive Device. Well 12 gauge shotguns has a bore over .50 of an inch. Yes there are some shotguns that are classified as a DD, such as the Street Sweeper and the SPAS-15, but those are an exception to the rule. The real reason for the .50 clause would be fore things like artillery. So mortars (some of which are not on the NFA), tank cannons, and rifles over .50 are considered DD, except for those that are not, such as the .950 JDJ, .577 Tyrannosaur, and the .585 Nyati to name a few.

NFA Simplified

• Machine Guns
  • Transferable Machine Gun: Registered before Mat 19, 1986. Anyones registered after that are post samples and can only be owned by a FFL.
  • Pre Dealer Sample: A dealer sample registered before May 19, 1986. It requires a FFL to own the firearm, but unlike a post dealer sample, the FFL holder can keep the firearm after giving up their license. A police letterhead is not required to transfer the firearm.
  • Post Dealer Sample: A post dealer sample was registered after May 19, 1986 and can only be owned by a FFL holder. The FFL holder is required to get a police letterhead to ok the transfer for ownership. The machine must be sold or destroyed once the license is given up.

• Short Barreled Rifle (SBR)
  • A SBR has a barrel that is under 16 inches in length. It could be 15.999999999999 and it would be a SBR.
  • A Rifle that has been turned into a pistol would be SBR or AOW depending on the configuration, because the receiver (the legal part of the firearm) is registered as a rifle, even though it does not have a stock on it. A rifle is a rifle forever, except when its not. An exception to this is when a pistol turns into a rifle. Then it can go back and forth.

• Short Barreled Shotguns (SBS)
  • A SBS is a shotgun with a barrel length under 18 inches.

• Suppressors
  • A device that lowers the decibel rating of your firearm, even if its by 1 dB.

• Destructive Device (DD)
  • Anything with an explosive more then 1/4 of an ounce.
  • Shotguns that do not have a sporting purpose. Exceptions noted above.
  • Rifles with a bore over .50 inch. Exceptions noted above.

• Any Other Weapons (AOW)
  • The catch all for everything else
  • Pistols with foregrips for example

Federal Firearms Act (1938)

President Franklin D. Roosevelt - June 30, 1938

The Federal Firearms Act (FFA) of 1938 was one of the earliest comprehensive federal gun control laws in the United States. It focused on regulating interstate and foreign commerce of firearms, particularly those involved in the business of selling, manufacturing, or importing firearms.

Key Provisions of the Federal Firearms Act:

• Licensing of Gun Dealers:
  • The FFA required all manufacturers, importers, and dealers engaged in the interstate commerce of firearms to obtain a Federal Firearms License (FFL). This introduced the concept of federal regulation of the gun trade, which remains in place today.

• Record-Keeping Requirements:
  • Licensed dealers were required to maintain records of all firearm sales, including the name and address of the buyer. These records had to be available for inspection by law enforcement.

• Prohibited Persons:
  • The FFA made it illegal to sell firearms to certain categories of individuals, such as convicted felons and people under indictment. This was one of the first instances where federal law explicitly restricted gun ownership based on criminal history.

• Interstate Commerce Regulation:
  • The law regulated the sale and shipment of firearms across state lines, making it more difficult for prohibited persons to obtain firearms by traveling to states with less restrictive laws.

• Significance and Legacy:
  • The FFA laid the foundation for future federal gun control legislation, particularly the Gun Control Act of 1968 (GCA), which expanded and replaced most of the FFA’s provisions.
  • The 1968 GCA absorbed the FFA's key elements, including the requirement for FFLs, record-keeping, and restrictions on sales to prohibited persons, making the FFA obsolete.

Mulford Act (1967)

California Governor Ronald Reagan - July 28, 1967

The Mulford Act of 1967 is a California state law that prohibited the open carry of loaded firearms in public. It was signed into law by Governor Ronald Reagan on July 28, 1967. The law is historically significant due to its direct connection to the Black Panther Party, a militant civil rights group that openly carried firearms while patrolling neighborhoods to protect African Americans from police brutality.

• Background and Context:
  • The Mulford Act was introduced by California Assemblyman Don Mulford in response to the growing visibility and activities of the Black Panther Party. The Panthers’ practice of openly carrying loaded firearms, which was legal at the time, caused public concern and led to the push for this law.
  • On May 2, 1967, members of the Black Panther Party famously entered the California State Capitol with loaded weapons in protest of the proposed legislation. This event brought national attention to both the Panthers and the Mulford Act.

• Key Provisions of the Mulford Act:
  • Ban on Open Carry of Loaded Firearms:
    • The law made it illegal to openly carry loaded firearms in public spaces, whether in cities or towns, unless authorized by law enforcement or other specified officials.
• Impact on the Black Panther Party:
  • The act was seen as a targeted response to the Black Panther Party’s armed patrols, which were legal until the Mulford Act’s passage. It significantly curtailed their ability to openly carry firearms during their community patrols.

• Significance and Legacy:
  • The Mulford Act is often cited as an example of how gun control laws can be influenced by racial and social dynamics. The fact that it was supported by conservative politicians and law enforcement, who were generally against gun control, underscores the racial tensions and political motivations behind the law.
  • Governor Ronald Reagan defended the law, stating that there was "no reason why on the street today a citizen should be carrying loaded weapons."

The Mulford Act remains a pivotal moment in both the history of American gun control and the civil rights movement, highlighting how legislation can be shaped by the intersection of race, activism, and public safety concerns.

Omnibus Crime Control and Safe Streets Act (1968)

President Lyndon B. Johnson - June 19, 1968

The Omnibus Crime Control and Safe Streets Act of 1968 was a major piece of U.S. federal legislation that aimed to improve law enforcement, address crime, and establish guidelines for the use of wiretaps and electronic surveillance. It also had important implications for firearm regulation. The act was signed into law by President Lyndon B. Johnson on June 19, 1968.

Key Provisions:

• Creation of the Law Enforcement Assistance Administration (LEAA):
  • The act established the LEAA to provide federal grants and funding to state and local law enforcement agencies for training, equipment, and criminal justice programs. This was part of a broader effort to modernize and professionalize police forces across the country.

Wiretapping and Electronic Surveillance Regulations: The act set guidelines for the use of wiretaps and electronic surveillance by law enforcement, requiring court orders and establishing rules to prevent abuse. This was one of the first comprehensive laws addressing privacy concerns related to surveillance.

Gun Control Provisions: The Omnibus Crime Control and Safe Streets Act included some firearm-related provisions, setting the stage for more extensive gun control measures in the Gun Control Act of 1968, which was passed later that same year.

Prohibition on Interstate Sales of Handguns:
The act made it illegal for individuals to buy, sell, or transfer handguns across state lines unless the transaction was conducted by a federally licensed firearms dealer. This measure was aimed at preventing individuals from purchasing handguns in states with lenient laws and bringing them into states with stricter regulations.

Minimum Age Requirement for Handgun Purchases:
The law established a federal minimum age of 21 for the purchase of handguns from licensed dealers. This was intended to reduce the accessibility of handguns to younger individuals who might misuse them.

Dealer Licensing and Record-Keeping:
Although these provisions were more fully developed in the Gun Control Act of 1968, the Omnibus Crime Control and Safe Streets Act required licensed firearms dealers to maintain records of all handgun sales. This was an effort to improve traceability and accountability in gun transactions.

Restrictions on Sales to Minors:
The act prohibited the sale of handguns to individuals under the age of 21 and long guns to those under 18. This federal regulation was aimed at standardizing age requirements across states, many of which had varying laws at the time.

Right to Silence and Legal Representation:

• The act limited the admissibility of confessions and established rules to ensure that individuals are informed of their rights, reinforcing aspects of the Miranda v. Arizona decision.

Anti-Riot Provisions:

• The act included measures aimed at curbing civil unrest and riots, reflecting concerns about the social upheaval and protests of the 1960s.

Impact and Legacy:

• The Omnibus Crime Control and Safe Streets Act is often seen as a response to rising crime rates and social unrest in the 1960s. It played a crucial role in expanding federal involvement in local law enforcement and laid the groundwork for subsequent crime control legislation.

The law’s gun control provisions were overshadowed by the more comprehensive Gun Control Act of 1968, which followed just months later.

Gun Control Act (1968)

President Lyndon B. Johnson - October 22, 1968

The Gun Control Act (GCA) of 1968 is one of the most significant pieces of federal firearms legislation in the United States. It was signed into law by President Lyndon B. Johnson on October 22, 1968. The GCA was introduced following the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and Dr. Martin Luther King Jr., as well as growing concerns about rising crime and civil unrest during the 1960s.

Key Provisions:

• Federal Firearms Licensing (FFL) System:
  • The GCA expanded and strengthened the Federal Firearms License (FFL) system, requiring anyone engaged in the business of manufacturing, importing, or selling firearms to obtain a federal license. This reinforced the licensing requirements first introduced by the Federal Firearms Act of 1938.

• Prohibited Persons:
  • The GCA established categories of individuals prohibited from purchasing or possessing firearms, including:
    • Convicted felons.
    • Fugitives from justice.
    • Individuals addicted to controlled substances.
    • Those adjudicated as mentally incompetent or committed to a mental institution.
    • Illegal aliens.
    • Individuals dishonorably discharged from the military.
    • Individuals with restraining orders for domestic violence.
    • Persons convicted of misdemeanor domestic violence (added later in the 1996 Lautenberg Amendment).

• Interstate Sales Restrictions:
  • The GCA made it illegal for non-licensed individuals to buy firearms across state lines, requiring all interstate firearm transactions to go through licensed dealers. This provision aimed to prevent people from bypassing stricter state laws by purchasing firearms in states with more lenient regulations.

• Regulation of Imports:
  • The act restricted the importation of firearms that were not deemed suitable for “sporting purposes.” This limited the import of military surplus weapons and other firearms that did not meet the criteria for hunting, target shooting, or other recognized sporting uses.

• Expanded Record-Keeping Requirements:
  • Licensed dealers were required to maintain detailed records of all firearm sales and transfers. These records were to be available for inspection by law enforcement agencies for investigative purposes.

• Serial Number Requirements:
  • The GCA mandated that all firearms manufactured or imported into the U.S. must have a serial number. This requirement was intended to make it easier to trace firearms used in crimes.

• Age Restrictions:
  • The act set minimum age requirements for purchasing firearms:
    • 21 years old to purchase a handgun from a licensed dealer.
    • 18 years old to purchase a long gun (rifle or shotgun) from a licensed dealer.

• Mail-Order Sales Ban:
  • Following the assassination of President Kennedy, who was killed with a rifle purchased via mail order, the GCA banned the direct mail-order sale of firearms to individuals. All mail-order transactions had to be conducted through licensed dealers who would perform in-person sales.

• The GCA and the National Firearms Act (NFA) Relationship:
  • The GCA of 1968 also reinforced and clarified aspects of the National Firearms Act (NFA) of 1934, which regulated certain types of firearms like machine guns, short-barreled rifles, and suppressors. The GCA provided a more comprehensive legal framework for regulating all types of firearms.

• Impact and Legacy:
  • The Gun Control Act of 1968 remains one of the foundational laws governing firearms in the U.S. It established the modern framework for gun regulation and is still the basis for many current firearm laws and regulations.
  • The GCA significantly expanded the federal government’s role in firearm regulation, introducing the licensing system that continues to govern gun sales and transfers today.
  • The law has been amended several times since its passage, most notably by the Firearm Owners Protection Act (FOPA) of 1986, which relaxed some of the GCA’s restrictions, and the Brady Handgun Violence Prevention Act of 1993, which added background check requirements.

Open Bolt Ban (1982)

It is a common belief that in 1982 the ATF ruled that open bolt semi auto firearms were banned because of how easily they were to convert to machine guns. That is not 100% the truth. According to ATF Rule 82-2 the KG-9 manufactured after January 19, 1982 are considered machine guns because:

The KG-9 is a 9 millimeter caliber, semiautomatic firearm which is blowback operated and which fires from
the open bolt position with the bolt incorporating a fixed firing pin. In addition, a component part of the
weapon is a disconnector which prevents more than one shot being fired with a single function of the
trigger.
The disconnector is designed in the KG-9 pistol in such a way that a simple modification to it, such as
cutting, filing, or grinding, allows the pistol to operate automatically. Thus, this simple modification to
the disconnector together with the configuration of the above design features (blowback operation, firing
from the open bolt position, and fixed firing pin) in the KG-9 permits the firearm to shoot automatically,
more than one shot, without manual reloading, by a single function of the trigger. The above
combination of design features as employed in the KG-9 is normally not found in the typical sporting
firearm. 

Based on what the above quoted text says, they quote the disconnector being designed in such a way to allow simple modifications to make the firearm fire in a fully automatic with a single pull of the trigger.

Lets take another example the ATF gives ATF Rul. 82-8. This example talks about the SM10 and SM11A1 pistols and SAC carbines. Lets take a look at why the ATF mentions those by name.

The disconnector and trip are designed in the SM10 and SM11A1 pistols and in the SAC carbine
(firearms) in such a way that a simple modification to them, such as cutting, filing, or grinding, allows
the firearms to operate automatically. Thus, this simple modification to the disconnector or trip together
with the configuration of the above design features (blowback operation, firing from the open bolt
position, and fixed firing pin) in the SM10 and SM11A1 pistols and in the SAC carbine, permits the
firearms to shoot automatically, more than one shot, without manual reloading, by a single function of
the trigger. The above combination of design features as employed in the SM10 and SM11A1 pistols
and the SAC carbine are normally not found in the typical sporting firearm. 

So once again the ATF says disconnector can be easily modified to allow the firearm to be fired more then once from a single pull of the trigger.

The last example the ATF gives is the YAC STEN MK II carbine under ATF Rul. 83-5 . Once again lets look to see why the ATF says about the firearm.

The Bureau of Alcohol, Tobacco and Firearms has examined a firearm identified as YAC STEN MK II
carbine. The YAC STEN MKII carbine is a 9 millimeter caliber, semiautomatic firearm which has
identical design characteristics to the original selective fire STEN submachine gun designed by Reginald
Vernon Shepherd and Harold John Turpin. The weapon is blowback operated and fires from the open
bolt position with the bolt incorporating a fixed firing pin. In addition, a component part of the weapon
is a trip lever (disconnector) which has been modified to prevent more than one shot being fired with a
single function of the trigger.
The trip lever (disconnector) is designed in such a way that a simple modification to it, such as bending,
breaking or cutting, allows the weapon to operate automatically. Thus, this simple modification to the
trip lever (disconnector) or trip together with STEN submachine gun design features and components in
the YAC STEN MK II carbine, permits the firearm to shoot automatically, more than one shot, without
manual reloading, by a single function of the trigger. The above combination of machine gun design
features as employed in the YAC STEN MK II carbine are normally not found in the typical sporting
firearm. 

So in this example the ATF once again says the disconnector can be easily modified to fire from an open bolt and is banned because of how easy it is to modify, like the previous two, but it also adds another thing to look at. It says:

The YAC STEN MKII carbine is a 9 millimeter caliber, semiautomatic firearm which has
identical design characteristics to the original selective fire STEN submachine gun designed by Reginald
Vernon Shepherd and Harold John Turpin.

So what this means is that if a firearm is similar to that of a military rifle in operation and has a disconnector that can easily be modified to become full automatic with simple modifications then it would fall under the examples above, even if they are not specifically listed. Nowhere does it specifically say that open bolt firearms with fixed firing pins are outright banned. Just if they fall under those specific guidelines. That being said, good luck getting a brand new semi auto open bolt firearm to market without the ATF not kicking your doors.

Now there is no official definition of what "easily modified" means so they could very easily just say anything is easily modified but the point is there is no outright ban on said firearms.

Source

• ATF NFA Handbook Appendix B

Firearms Owners Protection Act (1986)

President Ronald Reagan - May 19, 1986

Key Provisions:

• Interstate Transport of Firearms: FOPA introduced a "Safe Passage" provision, allowing gun owners to transport firearms across state lines, even if those firearms are illegal in certain states along the route. For the law to apply, the firearm must be unloaded, locked, and inaccessible during transport.

• Restriction on ATF Inspections: The act limited the Bureau of Alcohol, Tobacco, and Firearms (ATF) to one unannounced inspection per year of a licensed firearms dealer, unless there is reasonable cause for more inspections.

• Protection Against Prosecution for Technical Violations: The law made it more difficult for gun owners to be prosecuted for minor violations that do not involve criminal intent. For example, it protected individuals who unintentionally violated minor provisions of firearms regulations.

• Prohibition on National Gun Registry: FOPA reinforced the prohibition on the creation of a federal firearms registry, which would track gun owners or transactions.

• Reinstatement of Mail-Order Ammunition Sales: The act allowed the sale of ammunition by mail, which had been restricted under the Gun Control Act of 1968.

The Hughes Amendment:

• The Hughes Amendment: One of the most controversial parts of FOPA, the Hughes Amendment, was added at the last minute. It prohibited the civilian ownership of fully automatic firearms (machine guns) manufactured after May 19, 1986. This effectively froze the supply of legal machine guns available to civilians, making pre-1986 machine guns highly sought after and expensive.
  • Ban on Civilian Ownership of New Machine Guns:
    • The Hughes Amendment prohibits the civilian transfer or ownership of any machine gun manufactured after May 19, 1986. This means that only machine guns registered before that date can be legally owned by civilians, provided they comply with the National Firearms Act (NFA) regulations.
  • What is a Machine Gun?:
    • According to the NFA, a machine gun is any firearm that can fire more than one round with a single pull of the trigger. This includes fully automatic firearms and certain burst-fire weapons.
  • Background and Controversy:
    • The amendment was introduced by Representative William J. Hughes (D-NJ) during the final debate over the Firearm Owners Protection Act. It was added as a last-minute amendment through a voice vote, which has been controversial and contested by gun rights advocates. There have been allegations that the vote was improperly recorded and that the amendment may have been passed without a proper majority.

Law Enforcement Officers Protection Act (1986)

President Ronald Reagan - August 28, 1986

The Law Enforcement Officers Protection Act (LEOPA) of 1986 was a federal law enacted to address concerns over the use of armor-piercing ammunition, often referred to as "cop-killer bullets." The primary objective of the law was to protect law enforcement officers by banning the manufacture and sale of certain types of ammunition that could penetrate body armor typically worn by police.

Key Provisions:

• Ban on Armor-Piercing Ammunition:
  • The law prohibited the manufacture, importation, and sale of armor-piercing ammunition, specifically targeting bullets designed to penetrate bullet-resistant body armor. The definition of "armor-piercing ammunition" was based on the composition of the bullet rather than its performance.
  • Under the law, armor-piercing ammunition was defined as:
    • Projectiles or projectile cores made entirely (excluding the presence of traces of other substances) from specific metals, including tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium.
    • Full-jacketed projectiles larger than .22 caliber, designed for use in a handgun, with a jacket weight greater than 25% of the projectile’s total weight.

• Exemptions:
  • The law included exemptions for ammunition used for sporting or industrial purposes, as well as ammunition manufactured and sold to law enforcement agencies or the U.S. military.

• Penalties for Violation:
  • Violations of the law could result in significant penalties, including fines and imprisonment for individuals involved in the illegal manufacture, sale, or possession of armor-piercing ammunition.

• Impact on Ammunition Sales and Manufacture:
  • While the law was designed primarily to target handgun ammunition capable of penetrating body armor, it did not ban common rifle ammunition that could also defeat standard police body armor. This distinction was significant because standard police body armor is generally designed to stop handgun rounds, not rifle rounds.

• Background and Reason for the Act:
  • The LEOPA was passed in response to growing concerns in the 1980s about the availability of armor-piercing ammunition and its potential use against law enforcement. The law sought to address this by regulating ammunition designed with the intent to pierce body armor, which was seen as a direct threat to police officers.

• Impact and Legacy:
  • The LEOPA remains in effect today and is often cited in discussions about the regulation of specialized ammunition. While it did address some concerns regarding officer safety, it has also been criticized for not addressing rifle ammunition, which can still penetrate body armor used by law enforcement.
  • The law is significant because it marked one of the first major federal regulations specifically focused on ammunition rather than firearms.

Undetectable Firearms Act (1988)

President Ronald Reagan - November 10, 1988

The Undetectable Firearms Act of 1988 is a U.S. federal law that prohibits the manufacture, importation, sale, transfer, and possession of firearms that are undetectable by metal detectors and standard X-ray machines. The law was introduced primarily in response to concerns that advances in plastic materials could lead to the creation of firearms that could bypass traditional security measures.

Key Provisions:

• Firearm Detection Requirements:
  • The law makes it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that, after removing grips, stocks, and magazines, is not detectable by a walk-through metal detector typically used at airports and other secure locations.
  • Specifically, a firearm must contain at least 3.7 ounces (105 grams) of metal to ensure detectability by security equipment.

• X-ray Visibility:
  • The law also requires that firearms must produce a recognizable image when examined by standard airport X-ray machines. This provision targets fully plastic firearms that could otherwise be smuggled through security checkpoints.

• Temporary and Renewed Provisions:
  • The original act was set to expire after 10 years. It was renewed in 1998, 2003, and again in 2013, with strong bipartisan support each time. The current version extends the ban until 2023.

This act is often cited in discussions about 3D-printed firearms and other technologies that could lead to the creation of undetectable weapons.

Gun-Free School Zones Act (1990)

President George H.W. Bush - November 29, 1990

Key Provisions:

• Firearm Possession in School Zones:
  • The law makes it illegal for unauthorized individuals to possess a firearm in a school zone, defined as an area within 1,000 feet (300 meters) of the grounds of a public, private, or parochial school.

• Exemptions:
  • There are several exceptions to the law, including:
    • Licensed individuals who have a concealed carry permit recognized by the state where the school zone is located.
    • Firearms that are unloaded and stored in a locked container or firearm rack in a vehicle.
    • Firearms possessed by law enforcement officers, military personnel on duty, or others performing official duties.
    • Firearms used in approved educational programs or by individuals living within the school zone.

• Supreme Court Challenge – United States v. Lopez (1995):
  • In 1995, the U.S. Supreme Court ruled in United States v. Lopez that the original GFSZA was unconstitutional because Congress had overstepped its authority under the Commerce Clause. The Court found that possessing a gun in a school zone did not substantially affect interstate commerce, which was the basis Congress used to pass the law.

• Revised Law (1996):
  • Following the Lopez decision, Congress revised the GFSZA in 1996 to include language tying the law to interstate commerce, thereby addressing the Supreme Court's concerns. This version of the law remains in effect today.

Brady Handgun Violence Prevention Act (1994)

President Bill Clinton - November 30, 1993

Key Provisions:

• Background Checks:
  • The Brady Act mandated federal background checks on individuals purchasing firearms from licensed dealers, manufacturers, or importers. The background check is intended to prevent sales to prohibited individuals, such as felons, those with restraining orders, and individuals with a history of severe mental illness.

• Five-Day Waiting Period (Temporary):
  • • When the law first went into effect in 1994, it required a five-day waiting period for handgun purchases to allow time for a background check. This waiting period applied until the National Instant Criminal Background Check System (NICS) was implemented in 1998.

• Creation of NICS:
  • The Brady Act led to the establishment of the NICS, operated by the FBI, which went live on November 30, 1998. NICS allows licensed dealers to instantly conduct background checks over the phone or via the internet, replacing the five-day waiting period.

• Applicability:
  • The law applies to sales by licensed dealers (FFLs) but does not cover private sales or transfers between unlicensed individuals, often referred to as the “gun show loophole.”

• Impact and Legacy:
  • Since its implementation, an estimated 400 million background checks have gone through as of 2023.

Federal Assault Weapons Ban (Public Safety and Recreational Firearms Use Protection Act) (1994-2004)

President Bill Clinton - September 13, 1994 - September 13, 2004

Key Provisions:

• Prohibited Features: The law targeted specific semi-automatic firearms that could accept detachable magazines and possessed two or more of the following features:
  • Rifles: a folding or telescoping stock, a pistol grip, a bayonet mount, a flash suppressor, or a grenade launcher.
  • Pistols: a magazine that attaches outside the pistol grip, a threaded barrel for attaching a suppressor, a barrel shroud, or a weight of 1.4 kg (50 oz) or more when unloaded.
  • Shotguns: a folding or telescoping stock, a pistol grip, a detachable magazine, or a fixed magazine holding more than five rounds.

• Specific Firearms: The ban included a list of 19 specific models by name.
  • Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models) (Mikhail Kalashnikov)
  • Action Arms Israeli Military Industries UZI and Galil (Uziel Gal)
  • Beretta AR-70 and SC-70 (Beretta)
  • Colt AR-15 (Eugene Stoner)
  • Fabrique Nationale FN/FAL, FN/LAR, and FNC (Dieudonné Saive)
  • SWD M-10, M-11, M-11/9, and M-12 (Wayne Daniel)
  • Steyr AUG (Steyr-Daimler-Puch)
  • Intratec TEC-9, TEC-DC9, and TEC-22 (George Kellgren)
  • Revolving cylinder shotguns, such as the Street Sweeper and Striker 12 (Hilton Walker)

• Standard-Capacity Magazines: The AWB prohibited the manufacture and transfer of magazines capable of holding more than 10 rounds of ammunition, except for those manufactured before the law went into effect.
• Grandfather Clause: Firearms and magazines that were legally owned before the ban took effect were exempt. This allowed individuals to keep and transfer these "grandfathered" items.
• Sunset Clause: The AWB included a 10-year sunset provision, meaning it would automatically expire in 2004 unless renewed by Congress. Despite significant debate, the ban was not renewed, and it expired on September 13, 2004.

Domestic Violence Offender Gun Ban (1997) (Lautenberg Amendment)

President Bill Clinton - September 30, 1996 (went into effect on February 28, 1997)

The Domestic Violence Offender Gun Ban (1997), also known as the Lautenberg Amendment, is a federal law that prohibits individuals convicted of misdemeanor domestic violence offenses from owning or possessing firearms and ammunition. This law was signed into law by President Bill Clinton on September 30, 1996, and went into effect on February 28, 1997.

Key Provisions:

• Prohibition on Firearm Ownership:
  • The law makes it illegal for anyone convicted of a misdemeanor crime of domestic violence, or anyone subject to a domestic violence restraining order, to ship, transport, possess, or receive firearms or ammunition.

• Scope of the Ban:
  • The ban applies to all firearm types, including rifles, shotguns, and handguns, as well as ammunition.
  • The law covers misdemeanor convictions rather than just felonies, making it unique among firearm prohibitions under federal law.

• Who Is Affected?:
  • Individuals convicted of misdemeanor domestic violence offenses.
  • Individuals who are subject to certain restraining orders related to domestic violence.
  • This includes offenses committed against a spouse, former spouse, cohabitant, or someone with whom the offender has a child.

• Retroactive Application:
  • The ban applies retroactively, meaning that individuals convicted of qualifying domestic violence offenses before the law was enacted are still subject to the prohibition.

• Law Enforcement and Military Personnel:
  • The law does not exempt law enforcement officers or military personnel. If they have a qualifying domestic violence conviction, they are prohibited from possessing firearms, even if they need them for their jobs.

• Restoration of Rights:
  • The ban does not apply if the individual’s conviction has been expunged, set aside, or if their civil rights have been restored, provided that the restoration does not expressly prohibit firearm possession.

Law Enforcement Officers Safety Act (2004)

President George W. Bush - July 22, 2004

Key Provision:

• Who Is Covered?
  • The law applies to:
    • Qualified law enforcement officers: Full-time officers who are authorized to carry a firearm by their agency, have statutory powers of arrest, and meet certain criteria regarding their service and qualifications.
    • Qualified retired law enforcement officers: Retired officers who served in law enforcement for at least 10 years, or who retired due to a service-related disability, and who meet the firearm qualification requirements set by their former agency or state law.

• Firearms Allowed:
  • • LEOSA allows eligible officers to carry concealed firearms of the type they are qualified to carry, except for those explicitly restricted by federal law, such as machine guns or silencers.

• State Preemption:
  • • LEOSA preempts state and local laws regarding concealed carry, meaning that officers who meet the law’s requirements can carry concealed firearms in any state, even those with restrictive gun laws. However, there are exceptions where carrying is prohibited:
    • In certain sensitive locations like schools, government buildings, or private property where firearms are not allowed.
    • On private property where the owner has posted signs prohibiting firearms.

• Qualification Requirements:
  • • Retired officers must meet their state’s standards for firearm qualification annually. Active officers must also maintain certification according to their department’s requirements.

• Amendments to LEOSA:
  • 2010 Amendment: Expanded coverage to include military police and certain other law enforcement personnel.
  • 2013 Amendment: Clarified the definition of a qualified retired law enforcement officer and expanded the list of acceptable identification cards.

Protection of Lawful Commerce in Arms Act (2005)

President George W. Bush - October 26, 2005

The Protection of Lawful Commerce in Arms Act (PLCAA) was signed into law by President George W. Bush on October 26, 2005. The PLCAA grants firearm manufacturers, distributors, dealers, and importers broad immunity from civil lawsuits seeking to hold them liable for crimes committed with their products.

Key Provisions:

• Immunity from Lawsuits:
  • The PLCAA protects firearms manufacturers and sellers from being held liable when crimes are committed with their products. This means that victims of gun violence cannot sue gun makers or dealers for damages based on the unlawful use of firearms by third parties.

• Exceptions to Immunity:
  • The PLCAA does include certain exceptions where lawsuits can proceed:
    • Defective Products: If a firearm is defective and causes harm, a lawsuit may still be brought under product liability laws.
    • Violation of Laws: Lawsuits can proceed if the manufacturer or seller knowingly violated state or federal laws related to the sale or marketing of firearms (e.g., selling firearms without conducting a background check).
    • Negligent Entrustment: If a seller knowingly sells a firearm to someone they reasonably believe is likely to use it unlawfully, they can be sued under the doctrine of negligent entrustment.
    • Breach of Contract or Warranty: Claims related to contract or warranty disputes are not covered by the immunity.

• Impact on Ongoing and Future Litigation:
  • The PLCAA was enacted in response to a growing number of lawsuits in the late 1990s and early 2000s brought by cities and gun control advocates aiming to hold gun manufacturers and sellers responsible for gun violence. The law effectively ended many of these cases and prevented similar lawsuits from moving forward.

• Background and Motivation:
  • Supporters of the PLCAA argued that the law was necessary to prevent frivolous lawsuits that could drive legitimate businesses out of operation and infringe on Second Amendment rights. They claimed that holding gun manufacturers responsible for crimes committed by third parties was unfair and could set a dangerous precedent for other industries.
  • Opponents argued that the PLCAA gives the gun industry unique legal protections not afforded to other industries, making it difficult for victims of gun violence to seek justice.

NICS Improvement Amendments Act (2007)

President George W. Bush - January 8, 2008

The NICS Improvement Amendments Act of 2007 was signed into law by President George W. Bush on January 8, 2008. The law was passed in response to the tragic 2007 Virginia Tech shooting, where gaps in the National Instant Criminal Background Check System (NICS) allowed the shooter, who had a disqualifying mental health history, to purchase firearms.

Key Provisions:

• Improving Reporting to NICS:
  • The law requires federal agencies and states to improve their reporting of individuals prohibited from purchasing firearms due to mental illness, felony convictions, or other disqualifying conditions.

States are incentivized to submit complete and accurate records to the NICS by offering federal grant funding for compliance.

• Penalties for Non-Compliance:
  • States that fail to provide adequate records to the NICS can face reductions in federal funding for law enforcement programs, specifically those authorized under the Omnibus Crime Control and Safe Streets Act of 1968.

• Restoration of Rights:
  • The law provides a pathway for individuals who have had their firearm rights restricted due to mental illness to have those rights restored. This process allows individuals to petition for relief if they can demonstrate that they no longer pose a risk to public safety.

• Grant Programs for States:
  • The law authorized grant programs to help states update their criminal history and mental health records databases. These funds are used to improve the infrastructure needed to submit records to the NICS, such as digitizing records and ensuring better coordination between agencies.

• Background and Motivation:
  • The Virginia Tech shooter was able to purchase firearms despite a court finding that he was mentally ill and a danger to himself. However, the disqualifying information was never entered into NICS because of shortcomings in how mental health records were reported at the state level. The NICS Improvement Amendments Act aimed to close these gaps and prevent similar incidents.

Supreme Court Case District of Columbia et al. v. Heller (2008)

The District of Columbia v. Heller (2008) was a landmark U.S. Supreme Court case that fundamentally shaped the interpretation of the Second Amendment. The decision marked the first time the Supreme Court ruled that the Second Amendment protects an individual's right to keep and bear arms for self-defense, independent of service in a militia.

Key Details:

• Argued: March 18, 2008
• Decided: June 26, 2008
• Vote: 5-4
• Majority Opinion: Justice Antonin Scalia
• Dissenting Opinions: Justices John Paul Stevens and Stephen Breyer

Background: The case originated from Washington, D.C., which had some of the strictest gun control laws in the nation. The District of Columbia had effectively banned the possession of handguns by private citizens since 1976. Additionally, the law required all firearms in homes, including rifles and shotguns, to be kept unloaded and either disassembled or secured with a trigger lock, making them nearly unusable for self-defense.

Dick Anthony Heller, a licensed special police officer in D.C., challenged the law after his application to register a handgun for home defense was denied. He argued that the D.C. law violated his Second Amendment right to keep and bear arms.

Supreme Court Decision: In a 5-4 decision, the Supreme Court ruled in favor of Heller, holding that:

• Second Amendment Protects an Individual Right:
  • The Court held that the Second Amendment guarantees an individual right to possess and carry weapons in case of confrontation, not just in connection with service in a militia.

• D.C.’s Handgun Ban Is Unconstitutional:
  • The Court struck down the District of Columbia’s ban on handguns, ruling that it violated the Second Amendment. The majority opinion emphasized that handguns are the most popular weapon chosen by Americans for self-defense and that a complete ban on their use is unconstitutional.

• Requirement for Functional Firearms in Homes:
  • The Court also invalidated D.C.’s requirement that all firearms in the home be disassembled or bound by a trigger lock, as it effectively made self-defense impossible.

• Limits on the Right:
  • While recognizing an individual right to bear arms, the Court acknowledged that the right is not unlimited. The decision stated that certain longstanding restrictions, such as those barring the possession of firearms by felons or the mentally ill, or restrictions on carrying firearms in sensitive places like schools and government buildings, remain valid.

• Majority Opinion
  • Justice Scalia argued that the operative clause is key, protecting an individual's right to keep and bear arms, independent of militia service. The clause explains the purpose but does not limit the right.

• Dissenting Opinions:
  • Justice Stevens argued that the Second Amendment only protects the right to keep and bear arms in connection with service in a state militia.
  • Justice Breyer contended that even if there were an individual right, the D.C. law should be allowed as it was a reasonable regulation.

• Impact and Legacy:
  • District of Columbia v. Heller is a defining case for the Second Amendment. It established that the right to keep and bear arms is an individual right, not solely linked to militia service.
  • The decision paved the way for subsequent cases challenging state and local gun control laws, most notably McDonald v. City of Chicago (2010), which applied this ruling to the states through the Fourteenth Amendment.

Supreme Court Case McDonald et al. v. City of Chicago, Illinois (2010)

The McDonald v. City of Chicago (2010) case is a landmark Supreme Court decision that extended the Second Amendment’s protections to apply to state and local governments. The ruling held that the right to keep and bear arms, recognized in the District of Columbia v. Heller (2008) decision, is fully applicable to the states through the Fourteenth Amendment’s Due Process Clause.

• Key Details:
  • Argued: March 2, 2010
  • Decided: June 28, 2010
  • Vote: 5-4
  • Majority Opinion: Justice Samuel Alito

• Background:
  • The case challenged Chicago’s handgun ban, which was similar to the Washington, D.C., law struck down in Heller. Otis McDonald, a Chicago resident, argued that the city’s strict regulations, which essentially banned handgun possession, violated his Second Amendment right to self-defense.

• Supreme Court Decision:
  • Application of the Second Amendment to the States:
    • The Court ruled that the Second Amendment right to keep and bear arms is a fundamental right that applies to the states through the Due Process Clause of the Fourteenth Amendment. This decision "incorporated" the Second Amendment, meaning it limits not only the federal government but also state and local governments.

• • Reaffirming Heller’s Individual Right:
    • The ruling built on Heller by confirming that the right to bear arms is an individual right, not limited to federal jurisdictions like Washington, D.C., but applicable nationwide.

• • Striking Down Chicago’s Handgun Ban:
    • The Court struck down Chicago’s ban on handguns as unconstitutional, ruling that it infringed on the fundamental right of self-defense in the home.

• Impact and Legacy:
  • The McDonald decision was a significant victory for gun rights advocates, as it extended the protections of the Second Amendment to all levels of government.
  • This ruling effectively ended similar handgun bans across the country and set the stage for ongoing legal battles over state and local gun control measures.

• Dissenting Opinions:
  • Justices Breyer, Ginsburg, Sotomayor, and Stevens dissented, arguing that the decision could undermine local governments’ ability to address gun violence and regulate firearms based on community needs.

Supreme Court Case Caetano v. Massachusetts (2016)

Caetano v. Massachusetts (2016) is a U.S. Supreme Court case that reinforced the application of the Second Amendment to modern self-defense weapons, specifically stun guns, by overturning a Massachusetts law that banned their possession.

Key Details:

• Argued: N/A (The case was decided without oral arguments)
• Decided: March 21, 2016
• Vote: Per curiam (Unanimous decision)
• Majority Opinion: Per curiam (unsigned)

Background: Jaime Caetano, a Massachusetts resident, obtained a stun gun for self-defense against an abusive ex-boyfriend. When police discovered the stun gun, she was charged under Massachusetts law, which prohibited the possession of stun guns. Caetano argued that the ban violated her Second Amendment rights, but the Massachusetts Supreme Judicial Court upheld her conviction, reasoning that stun guns were not protected by the Second Amendment because:

• They were not in common use when the Second Amendment was adopted in 1791.
• They are “unusual” and “dangerous” weapons.
• They lack military utility.

Supreme Court Decision: The U.S. Supreme Court unanimously vacated the Massachusetts court’s decision and remanded the case for further proceedings, criticizing the reasoning of the lower court:

Historical Context: The Massachusetts court’s argument that stun guns are not protected because they were not in common use in 1791 was rejected. The Supreme Court referenced District of Columbia v. Heller (2008), noting that the Second Amendment extends to arms “in common use” for lawful purposes, not just those that existed during the 18th century.

Unusual Nature of Stun Guns: The Massachusetts court argued that stun guns are "unusual" and "dangerous," and therefore not protected. The Supreme Court clarified that even if a weapon is unusual, that does not disqualify it from Second Amendment protection if it is commonly used for lawful purposes.

Military Utility: The Massachusetts court’s reasoning that the Second Amendment only protects arms useful in a military context was rejected. The Supreme Court affirmed that the Second Amendment applies to all bearable arms, not just those suitable for military use.

Fix NICS (2018)

President Donald Orange Fart - March 23, 2018

The Fix NICS Act of 2017 was signed into law by President Donald Orange Fart on March 23, 2018 as part of the Consolidated Appropriations Act of 2018. The law was created to improve the National Instant Criminal Background Check System (NICS) by addressing gaps in the reporting of disqualifying records, such as criminal convictions and mental health adjudications.

• Key Provisions:
  • Improving Record Submission:
    • The law requires federal agencies and states to establish plans for improving the submission of records to NICS, ensuring that all relevant records, including those related to mental health, criminal convictions, and domestic violence, are included.

• • Accountability Measures:
    • Federal agencies are required to report their NICS record submission compliance, and states are incentivized to submit records through grant funding. Agencies that do not comply with reporting requirements may face penalties, including loss of funding.

• • Incentives for States:
    • The law provides financial grants to states to help them improve their record submission processes, such as updating databases and digitizing records.

• • Ensuring Accountability:
    • The Fix NICS Act establishes benchmarks and requires semiannual reports to track compliance with record submission standards. Non-compliant federal agencies are publicly reported.

• Background and Motivation:
  • The act was introduced in response to incidents like the 2017 Sutherland Springs, Texas church shooting, where the gunman was able to legally purchase firearms despite having a disqualifying domestic violence conviction. The conviction had not been reported to NICS by the Air Force, exposing flaws in the reporting system.

Supreme Court Case: New York State Rifle & Pistol Association, Inc. v. Bruen (2022)

New York State Rifle & Pistol Association, Inc. v. Bruen (2022) is a landmark U.S. Supreme Court case that significantly expanded Second Amendment rights by striking down New York’s restrictive concealed carry licensing requirements. The Court held that the Second Amendment protects the right to carry firearms outside the home for self-defense without needing to demonstrate “proper cause.”

Key Details:

• Argued: November 3, 2021
• Decided: June 23, 2022
• Vote: 6-3
• Majority Opinion: Justice Clarence Thomas
• Dissenting Opinion: Justice Stephen Breyer, joined by Justices Sonia Sotomayor and Elena Kagan

Background: New York had a law requiring individuals who wished to carry a concealed firearm in public to show “proper cause” for needing to do so. This standard was highly discretionary and typically required applicants to demonstrate a special need for self-defense beyond that of the general public. The petitioners, including the New York State Rifle & Pistol Association (NYSRPA), argued that the law violated the Second Amendment by preventing ordinary citizens from exercising their right to bear arms in public.

Supreme Court Decision: The Supreme Court ruled 6-3 in favor of the NYSRPA, striking down New York’s “proper cause” requirement as unconstitutional. The Court’s majority opinion, written by Justice Clarence Thomas, significantly reshaped Second Amendment jurisprudence with several key points:

• Right to Public Carry for Self-Defense: The Court held that the Second Amendment’s protection of the right to “keep and bear arms” extends to carrying firearms in public for self-defense. The decision emphasized that the right to bear arms is not limited to the home.

• Text, History, and Tradition Test: Justice Thomas introduced a new framework for evaluating gun laws. Courts should assess regulations based on the text of the Second Amendment and the historical tradition of firearm regulation. If a law does not have a historical analogue or was not traditionally accepted when the Second and Fourteenth Amendments were ratified, it is likely unconstitutional.

• Rejection of “Means-End” Scrutiny: The decision rejected the two-step approach previously used by lower courts, which balanced government interests against individual rights using intermediate or strict scrutiny. Instead, the Court focused exclusively on whether a law is consistent with the nation’s historical tradition of firearm regulation.

Impact and Legacy: The Bruen decision had sweeping implications, making it easier to challenge gun control laws across the country. The ruling effectively rendered similar “may issue” licensing schemes in other states unconstitutional. States like California, New Jersey, and Maryland, which also required applicants to demonstrate a special need for concealed carry permits, had to revise their laws in response.

Dissenting Opinion: Justice Breyer’s dissent focused on the potential dangers of the ruling, emphasizing that gun violence is a significant problem in the U.S. and that states should have the flexibility to regulate firearms to protect public safety. The dissent also argued that the majority’s reliance on historical analysis could lead to impractical results in addressing modern challenges.