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    USA Gun Laws

    I was told it would be helpful to you guys to have info regarding US gun laws so I figured that Id make a little post detailing my knowledge regarding the gun laws here in the USA, just as a side note I am not a lawyer or anything like that, these are just a list of the laws as far as I understand them, I cannot guarantee the accuracy of my interpretation of these laws and therefore cannot guarantee that all of the information posted here is 100% accurate… now, that being said

    Our federal “national” laws are not very restrictive at all. There are no real restrictions regarding magazine size, semi automatic rifles or handguns, amounts of ammunition one can buy/store, etc.

    The MAIN things that ARE regulated at a federal level would be firearms that fall under the National Firearms Act (NFA), NCIS background checks, 922(r).

    NCIS Background checks:

    These are the background checks that are run every time that one purchases any firearm from an FFL (Federal Firearms License) Holder (pretty much any gun store. Anyone purchasing a firearm must fill out a form which basically states that the individual is not a felon, mentally incompetent, etc. and then submit themselves for a background check through this system before they may purchase a firearm. If they are found to be a felon, domestic abuser, mentally incompetent, etc. they will be denied the ability to purchase a firearm. Lying on the aforementioned form regarding these matters is considered a felony I believe.


    National Firearms Act (NFA) Items:

    These Items are broken up into a few groups…….

    - Select Fire/Full Auto: Any firearms which can fire more than one round with a single pull of the trigger

    - Suppressors/Silencers: Any device which dampens the sound of the firearm

    - Short Barreled Rifles (SBRs): Any rifle with a barrel under 16 inches

    - Short Barreled Shotguns (SBSs): Any Shotgun with a barrel under 16 inches

    - Any Other Weapons (AOWs): a group of NFA classified firearms that falls out of the aforementioned groups, these generally consist of things like pistols with forward grips, disguised firearms, etc.


    All of the firearms classified within these groups MUST be registered with the federal government and a $200 tax stamp must be paid for each. There are also other small regulations regarding them, however, I am not too familiar with these.
    Select Fire/Full Autos are the most heavily regulated of the group as in order to own one it MUST have been registered prior to 1986. If the firearm was not registered prior to this time it is HIGHLY illegal, also, it is VERY IMPORTANT TO NOTE that ANY firearm that was once a full auto/select fire is considered to ALWAYS be a full auto/select fire, so, you cannot for example, find ANY legal semi automatic Stetchkin APS pistols here in the USA, as these were never manufactured to be semi auto only, there were simply a bunch of them converted to semi auto only, which, under the eyes of the Fed, still makes them machine guns.


    922(r):

    This is a particularly “interesting” law that we have here in the USA……

    It dictates that any “Non-Sporting” (pretty much any scary looking semi auto) shall not be imported in the US if it has more than 10 non US (foreign) parts found within it. This would definitely something to be aware of when attempting to bring a firearm from another country over here. I believe the only exception to this would be if the firearm is considered a Curio and Relic (C and R) in which case it does not have to be 992(r) compliant as long as it is kept in its original form…..for example….take a true to form original Soviet SKS from 1954, that’s fine….add a tapco stock with a pistol grip to it, and it will need to be 992(r) compliant.



    Another little pain in the ass regulation that has been we have here is the banning of importation regarding ANY “non sporting arm” from Russia and China. This relates to most semi auto rifles and pretty much all handguns from these nations….so the importation of the MP-446 Viking, Izhmash Tigr, etc. is forbidden here in the USA.


    These are the federal laws AS FAR AS I KNOW.

    Now one major way that the US tends to differ from the rest of the world is in the fact that while our federal gun laws apply to all of our states, each state here in the US also has its own gun laws. I don’t think this is something that you really see in many other countries so this is something to be wary of for sure.

    While MOST states simply follow the federal laws and add no more themselves (with the exception perhaps of certain states outlawing certain NFA items), there are in fact some that do.


    The common regulations found in these Restrictive states are as follows:


    Assault Weapons Ban (AWB): An assault weapons ban more or less takes the cosmetic features of a semi automatic firearm and if it has either 1 or 2 (pending on the state) of certain “scary” features it is considered an “assault weapon” and is therefore illegal in that state. Some typical examples of these scary features would be things such as a semi auto rifle or shotgun having a pistol grip, bayonet lug, threaded barrel to accommodate a flash hider, folding/telescoping stock. For handguns typical features consist of things like weighing over 50 ounces, ability to accept the magazine outside of the grip of the handgun, having a barrel shroud. In most cases, these restrictions will only apply to semi automatics that accept detachable magazines.


    High Capacity Magazine Ban: (Hi Cap ban): Restricts the capacity of the magazine to a certain amount of rounds it can accept. These restrictions generally apply to magazines that hold over 10 rounds, in some states however, it can be for either more or less.

    Registration: Basically in states that require registration, you have to register your rifle, shotgun, handgun with the state. States that actually require registration it will generally only apply to handguns, however, there are some states that apply it to all firearms

    State Firearms ID cards/Permits: States that apply these laws require one to obtain a permit prior to being able to purchase firearms.

    Limits on how often on can purchase a firearm: Restricts the amount of times one can purchase a firearm in a given period of time. The most common limit would be being allowed to purchase only 1 handgun a month. Some states have longer waiting periods between purchases and apply them to rifles and shotguns as well.






    Again, MOST states do not have the aforementioned state restrictions at all, out of our 50 states, I believe roughly 9-12 states have ANY of these laws at all….Some of the states that DO apply all or most them are…

    California
    Connecticut
    New York
    New Jersey
    Maryland
    Michigan
    Rhode Island
    Massachusetts
    Hawaii
    Washington D.C.




    Laws regarding the ability to carry a handgun also vary by state. MOST states will allow you to carry a handgun, either Concealed (out of sight) or Open (in plain sight) after obtaining a permit. Obtaining these permits is generally not difficult at all, you generally must attend a Carry course, take a background check and you are good to go.

    There are some states however, that do not even require you to do that, you buy a handgun and you can carry it (there are very few states that allow this I believe)

    There are OTHER (again few) states unfortunately, that are more restrictive, as in they require a “good reason” such as you have to be very wealthy, a politician or a celebrity, self defense and protecting your family is NOT seen as a reason in these states unfortunately. Thankfully there are not many states that have these restrictions, the usual suspects are the aforementioned restrictive states.



    Thats all I can really think of for now, if you have any further questions or anything like that please let me know.

    #2
    Cheers Buchhalter,

    thanx a lot for your valuable contribution about US weapon laws.
    What I missed is the need in some states e.g. Colorado to be a local citizen in order to be permitted to buy a gun in a store. What I don't know though is if I could buy a gun a at a trade/gun show even if I am not a citizen.

    Victor

    Kommentar


      #3
      Well, first thank you for this brief introduction into US Federal and (partly) State gun laws.

      It seems, that the "land of the free" is not so free for gun owners, as it seemed on the first view.

      Here in Germany, politicians always argue with the notorious "American conditions" (aka Wild West mentality).

      As we can see, there are not American conditions, because the US gun laws are much more diverse, than our narrow-minded politicians want to acknowledge.

      Again, thank you.

      Kommentar


        #4
        Zitat von victor332 Beitrag anzeigen
        Cheers Buchhalter,

        thanx a lot for your valuable contribution about US weapon laws.
        What I missed is the need in some states e.g. Colorado to be a local citizen in order to be permitted to buy a gun in a store. What I don't know though is if I could buy a gun a at a trade/gun show even if I am not a citizen.

        Victor
        no problem,


        regarding the whole state residency thing, while that is true, most FFLs will ship to a FFL in your state, for example, if I am a Texas resident and want to purchase a gun in North Carolina, the North Carolina FFL will ship it to an FFL in Texas for me and I can get my transfer done there.

        Regarding the gun show thing, I'm not really sure to be honest, as we don't have gun shows in NYC, however, I think that the same basic rules apply....Il ask a few buddies of mine from non totalitarianistic states and see if they can clarify.....

        Kommentar


          #5
          Zitat von Vincent Beitrag anzeigen
          Well, first thank you for this brief introduction into US Federal and (partly) State gun laws.

          It seems, that the "land of the free" is not so free for gun owners, as it seemed on the first view.

          Here in Germany, politicians always argue with the notorious "American conditions" (aka Wild West mentality).

          As we can see, there are not American conditions, because the US gun laws are much more diverse, than our narrow-minded politicians want to acknowledge.

          Again, thank you.
          no problem at all,

          this is also very prevalent with our own politicians as you can imagine, its really a bunch of BS honestly, the truth is irrelevant, all they see is what they WANT to see, not what actually is.

          What they also likely won't tell you is that the areas that are less restrictive towards guns tend to have lower crime rates than the ones that take a more restrictive approach. Chicago and Washington DC are pretty much as restrictive as you can get and have the worst gun crime, violent crime, etc. rates in the country... In contrast, there was a town in Georgia i believe which decided to make it law that all individuals in the town must have a firearm and ammunition in there home, after this crime of all kinds plummeted.

          Kommentar


            #6
            Zitat von Die Metal Buchhalter Beitrag anzeigen
            no problem at all,

            this is also very prevalent with our own politicians as you can imagine, its really a bunch of BS honestly, the truth is irrelevant, all they see is what they WANT to see, not what actually is.

            What they also likely won't tell you is that the areas that are less restrictive towards guns tend to have lower crime rates than the ones that take a more restrictive approach. Chicago and Washington DC are pretty much as restrictive as you can get and have the worst gun crime, violent crime, etc. rates in the country... In contrast, there was a town in Georgia i believe which decided to make it law that all individuals in the town must have a firearm and ammunition in there home, after this crime of all kinds plummeted.

            Yes, I know. But fortunately, you have the NRA, which REALLY fights for your rights to own and also carry guns. In Germany, we don't have an NRA, but we desperately would need one.

            Unfortunately, the gun rights groups in Germany are split apart. We have several different groups, ProLegal, FVLW, a.s.o.

            But somehow I have the feeling, that these are kind of token events to calm down the more active gun owners in Germany, while the majority is already very passive.

            The best would be to have ONE very strong group with enough political power. United we will stand, devided we will fall.

            For my part, I also do not know how to make it better, because the political system in Germany is on an anti-gun owner course, also are the media and because of the massive propaganda from the media, the ordinary people in Germany are incited against legal gun owners. That makes it even more difficult to build up something, which could be comparable with the NRA.

            Kommentar

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