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Firearms Control

System in Other
Countries

U.S.A
Firearm laws of the United States are found in a
number of federal statutes.
These laws regulate the manufacture, trade,
possession, transfer, transport, and destruction of
firearms, ammunition, and firearms accessories.
They are enforced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives, also known as
ATF.
The right to keep and bear arms is protected by
the Second Amendment to the United States
Constitution.

The major federal firearm laws of U.S.A are governed by the following acts:
I. National Firearms Act (1934): This act taxes the manufacture and transfer of,
and mandates the registration of Title II weapons such as machine guns, shortbarreled rifles and shotguns, heavy weapons, explosive ordnance, silencers, and
disguised or improvised firearms.
II. Omnibus Crime Control and Safe Streets Act (1968): Prohibited interstate trade
in handguns, also increased the minimum age for buying handguns to 21.
III. Gun Control Act (1968): Focuses primarily on regulating interstate commerce in
firearms by prohibiting interstate transfers of firearms except among licensed
manufacturers, dealers and importers.
IV. Gun-Free School Zones Act (1990): This act prohibits unauthorized individuals
from knowingly possessing a firearm at a place that the individual knows, or has
reasonable cause to believe, is a school zone.
V. Protection of Lawful Commerce in Arms Act (2005): Prevent firearms
manufacturers and licensed dealers from being held liable for negligence when
crimes have been committed with their products.

Second Amendment
The right to keep and bear arms is enshrined in the Second Amendment
to the United States Constitution as an individual right, explicitly
affirming that it is a right retained by each person or individual.
Individuals are prohibited from purchasing a firearm if:
i. they are under indictment for a felony, or any crime which could result
in more than a year in prison.
ii. they have been convicted of a felony, or any other crime for which
they could have been sentenced to more than a year in prison.
iii. they are a fugitive from justice.
iv. they are an unlawful user of, or addicted to, controlled substances,
including marijuana.
v. they have been adjudicated mentally defective.
vi. they have renounced their United States citizenship.

The carrying of weapons is regulated by the states. The laws regarding it have
been changing rapidly over the past ten years.
As of 2015, most states grant licenses to carry handguns on a Shall-Issue basis to
qualified applicants.
Few states grant licenses to the discretion of issuing authorities i.e. on May-Issue
basis.
While seven states allow the carrying of firearms in a concealed manner without a
permit i.e. Constitutional-carry.
Various cases have come up regarding firearms in recent times,
In 2008, in DC v Heller, the Supreme Court held that the right to bear arms was an
individual right, but applied to federal enclaves only.
In 2010, in McDonald v. Chicago, the Supreme Court extended the Heller ruling to
the states.
In 2012, Moore v. Madigan sought to overturn the states ban on carrying concealed
weapons. However, the state legislature passed a bill allowing concealed weapons
shortly thereafter.
As of 2015, California's laws regarding concealed weapons are being challenged in
court.