Gun Law (United States)
The gun laws in the United States is subject to pronounced essentially Federalism in the United States , there are over 20,000 laws to gun ownership on. The right to own weapons is constitutionally protected by the 2nd additional article , although the details are controversial due to its general formulation in the tradition of Anglo-Saxon common law . Overall, US gun law is one of the greatest controversies in US politics , both nationally and internationally , especially in connection with crime and the suicide rate . Gun law is also of great importance for the militia and hunting . Gun owners are highly organized in the United States, and the National Rifle Association (NRA) is an internationally known interest group with several million members .
In the United States, gun law is governed at the federal level by three main federal laws: The National Firearms Act (1934), the Gun Control Act (1968), and the 2nd Amendment to the United States Constitution (1791). In the meantime, more gun laws have emerged that have changed these fundamental laws or introduced further restrictions.
National Firearms Act
The trade, possession and manufacture of fully automatic weapons (such as submachine guns and machine guns ) as well as silencers and so-called " destructive devices " such as grenades and explosive ammunition are strictly regulated by the National Firearms Act (NFA) of 1934. Shotguns with a barrel length of less than 18 inches (45.72 cm) and rifles with a barrel length of less than 16 inches (40.64 cm) are considered a special class of short barreled weapons under this Act . To obtain permission to own such weapons privately, one must, among other things, pass an FBI investigation, obtain the signature of the "chief executive officer" in the area of his residence, and pay a transfer fee of $ 200. The corresponding weapons are registered with the Federal ATF Office .
Gun Control Act
The Gun Control Act introduced in 1968 restricted, among other things, the sending of firearms by post and the sale of weapons to violent criminals, the mentally ill, drug addicts and the feeble-minded. The current practice of licensing arms dealers also goes back to it. Under this law, firearms can generally only be purchased in the state in which the purchaser is currently resident. Only US citizens and immigrants with permanent residence permits ( green cards ) are allowed to purchase a gun in retail stores . Private trade across state borders was banned, but private trade between residents of the same state remained unregulated at the federal level because the constitution did not give the federal government the power to restrict domestic trade in a state. However, such trade is either restricted or prohibited at the state level in 15 states.
"Brady Bill"
In 1993, under the leadership of Bill Clinton, a law was enacted that requires gun buyers to be checked within five days of purchase. Furthermore, weapons with a magazine capacity of more than ten rounds were banned. The Brady Handgun Violence Prevention Act , named after James Brady , spokesman who was injured in the assassination attempt on Ronald Reagan , stipulated a five-day period between the purchase and delivery of weapons. In 1997 this law was passed by the Supreme Court in the “Printz v. United States "classified as non-constitutional and repealed, as this question falls within the legislative competence of the individual states. Since then, however, many states have adopted the Brady Bill regulations into state law and thus retained them.
Second amendment to the constitution
The second amendment to the constitution ( Second Amendment, passed December 15, 1791 ) guarantees the possession and carrying of firearms at the federal level. States, counties, and parishes can, according to the 2010 McDonald v. Chicago of the Supreme Court does not issue any deviating regulations.
Although the 2nd amendment to the constitution is formulated very briefly and concisely,
"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."
"Since a well-organized militia is necessary for the security of a free state, the right of the people to own and carry weapons must not be impaired."
its interpretation is a very controversial issue in the United States. The discussion follows roughly the following points:
- Are guns only allowed in the military, or all American people?
- Is the mention of the “well-organized militia” a purpose?
- What types of weapons are actually meant? Those that existed in 1791? Military weapons? Or everyone else too?
- In the English text , does “to keep and bear arms” merely represent a metaphor for “perform military service” such as, for example, “stand under arms” or is the text to be interpreted literally?
- Is the word “infringe” in this article to be understood as “abolish” (that is the earlier meaning of the phrase “to infringe a right”) or as “restrict” (that is the current meaning of the word)?
The most important judgments of the US Supreme Court stated:
- The 2nd Amendment concerns only the legislative competence of the American Congress,
- it only protects the possession and carrying of military weapons,
- In a controversial ruling by the Supreme Court , it was decided that the Second Amendment allows the possession of an operational firearm for immediate self-defense at home.
On June 28, 2010, the Supreme Court ruled five to four votes that the Second Amendment to the Constitution applies to all states and cities in the United States. The gun ban that has been in force in Chicago since 1972, for example, is therefore unconstitutional. In addition to four citizens living in Chicago, two lobby groups and the NRA had sued.
Additional state regulations
Various states have additional laws. Example is California with "California Firearms Laws", which u. a. Contains regulations on acquisition and prohibited weapons. The complete work "28th Edition of State Laws and Published Ordinances - Firearms (ATF P 5300.5)" with the different regulations of all American states was published as the 31st EDITION - 2010–2011 with almost 500 pages by the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF) and is available on the Internet.
Attempts at reform
In view of increasing shootings enlisted US President Barack Obama in the 2010-years several times to reform the weapons law. A legislative initiative he presented for a stricter weapons law, which would nevertheless have been much more open than more liberal European laws, was blocked in the Senate in 2013 by predominantly Republican senators. The NRA supported the blockade.
On January 5, 2016, Obama announced in an emotional speech stricter rules for the handling of firearms, which he wanted to put into effect with the help of his executive powers bypassing the Republican-dominated Congress. The package of measures included better screening of firearms buyers, more staff for the Federal Bureau of Investigation (FBI) and the ATF, funding for the treatment of mental illnesses, and for scientific research into safer weapons technology. In December 2016, at the instigation of Obama , the Social Security Administration issued an ordinance according to which all citizens who cannot manage their pension insurance themselves because of serious mental illness and are therefore cared for by third parties are reported to the National Instant Criminal Background Check System , so that they can no longer buy weapons. The US Senate decided to repeal this rule in February 2017 and forwarded a corresponding motion to President Trump.
See also
- American gun license for concealed wielding of guns
- Everytown for Gun Safety , one of the most important gun control organizations
literature
- Craig Rood: After Gun Violence: Deliberation and Memory in an Age of Political Gridlock. Pennsylvania State University Press, University Park 2019, ISBN 978-0-271-08383-4 .
Individual evidence
- ↑ "With over 20,000" gun control "laws on the books in America [...]", in: o. V .: Compendium of State Firearms Laws ( Memento of the original from January 10, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and not yet tested. Please check the original and archive link according to the instructions and then remove this notice. . Date of discovery: April 29, 2008.
- ↑ Supreme Court extends the basic right to gun ownership, Frankfurter Allgemeine faz.net, June 29, 2010.
- ^ California, Bureau of Firearms, Waffenrecht (California Firearms Laws Summary Booklet)
- ↑ Gun Law United States of America, current edition ( Memento of the original from January 6, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 6.28 MB)
- ↑ Obama campaigns for gun law reform. Handelsblatt , February 5, 2013, accessed on October 3, 2015 .
- ↑ Obama fails to tighten gun laws. In: faz.net. Frankfurter Allgemeine Zeitung , April 18, 2013, accessed on October 3, 2015 .
- ↑ USA: Obama announces stricter gun law - and weeps at Spiegel Online , January 5, 2016 (accessed January 5, 2016).
- ↑ Newsweek: Trump Set to Overturn a Mental Health Regulation on Gun Purchases , February 2, 2017
