United States with guns

The United States is a large country that adopts a federal system. The states in the United States have considerable freedom. Therefore, there are various laws in various states, which is quite difficult for outsiders to understand. As far as firearms laws are concerned, in New York State, various types of semi-automatic rifles are not controlled, but in New York City, it is a completely different matter. Semi-automatic rifles are illegal if they have the following characteristics:

Protruding pistol handle,

Magazine capacity of more than five rounds,

Flash cap,

Bayonet holder,

Grenade launcher,

Folding upper cover,

Folding stock,

According to this regulation, all M16, M14, AK , SKS type rifles are illegal.

This is true even in the same state, let alone other places. So when we want to talk about gun control, we must first clarify which state it is.

Generally speaking, the Northeast has stricter regulations, but there are exceptions, such as Maine and New Hampshire, which are very lax. Control in the Midwest is relatively loose, but there are exceptions. Chicago has not allowed private ownership of handguns since 1986, and is known as a gun-free city. That's a big joke. In Chicago's underworld, everyone has a gun, even ten-year-old children have guns. It is one of the cities with the worst gun crime in the United States. Recently, those politicians have been wildly thinking that all their problems are caused by firearms companies, so more than 20 municipal governments have filed lawsuits in court, suing more than 20 firearms manufacturing companies - including Glock, Beretta, etc., have almost all the famous manufacturers in one fell swoop. They believe that with the tobacco industry's precedent of compensation, they should also have a solid chance of winning. This case is currently under judicial review. In 1999, many states passed legislation that prohibited any municipal government from suing gun factories or could only hire lawyers who were paid on an hourly basis (because of this, the lawyers could not profit by splitting the proceeds, and the evil litigators lost their ability to do so). interest) and other corresponding measures to win back 10% of the anti-gun control.

The U.S. federal government also has some laws and regulations regarding firearms. This regulatory agency is the U.S. Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The firearms taxation, law enforcement and law interpretation agency was originally under the Ministry of Finance under the International Council. On January 24, 2003, it was changed to the Department of Justice (Dept of Justice - DOJ). This agency once made a big mistake in the Waco (Texas) incident, which made the Attorney General unable to step down. There are many relevant bills currently in effect. Here are some of the main congressional legislations:

Capitol Hill

The highest legislative oversight unit in the United States

The 1934 National Firearms Act The National Firearms Act (NFA) was mainly aimed at the armed robbers who were rampant at that time. They used sawn-off shotguns and automatic rifles, as well as the Mafia and the Thompson Submachine Gun. It had many nicknames, among which One is Chicago Type Writer, which vividly depicts the rattling sound of machine gun fire and its relationship with the Chicago Mafia during Prohibition) and the abuse of light machine guns. This bill provides some legal basis for law enforcement agencies, but pistols, rifles and shotguns with barrels over 18 inches are still outside the control (rifles were changed to 16 inches in 1968). Prior to this, anyone could mail-order a light machine gun or any firearm that could not be carried concealed (restricted by the 1927 Act). And this bill established the foundation for all future gun control laws.

The 1968 GCA (Gun Control Act) expanded the scope of control. This bill, believe it or not, was sponsored by American gun manufacturers. Because a large amount of surplus weapons from World War II poured into the United States at that time, anyone could order them by mail, and anyone could sell them. American gun dealers have been hit hard. (It is said to be the 6.5mm Carcano rifle used to shoot Kennedy. At that time, it only cost US$29 by mail order. It was originally an Italian weapon in World War II.) In addition to classifying the weapons controlled by the 1934 Act as Category II With the exception of weapons, or NFA weapons, all other previously uncontrolled weapons are classified as Category 1. It also stipulates that gun dealers must register with the federal government and obtain a Federal Firearms License (FFL, which is divided into manufacturing, sales, import and export, etc.), and except for private resale within the same state, all firearms sales must go through an authorized Licensed gun dealer. From then on, mail-order firearms entered history. All guns began to be more or less restricted.

GOPA (Gun Owner's Protection Act) of 1986: This legal amendment actually corrected some of the harsh aspects of 1968, but since the promulgation of this law After that, no new machine guns entered the private market.

The Violent Crime Control and Law Enforcement Act of 1994, effective September 13, 1994, and the Brady Handgun Violence Prevention Act Handgun Violence Prevention Act), also known as the Brady Law, came into effect on February 28, 1994. Because this bill was the result of strong advocacy in Washington by Handgun Control, Inc., founded by James and Sarah Brady. Who is James? He was originally Ronald Reagan's press secretary. When President Reagan was assassinated in 1981, he was killed and paralyzed. His wife, Sarah, later became the chairman of Handgun Control Corporation, which claims to have 400,000 members and is the largest gun control support organization in the United States, dedicated to gun control. These two bills can be said to be the most detailed and stringent laws.

The provisions and control items of these bills are becoming more stringent and more extensive each time. Generally speaking, there are the following key points, which are common across the country and must be followed by all states:

The construction of guns: all rifle barrels must be more than sixteen inches, shotguns The barrel must be more than 18 inches, the total length of rifles and shotguns must be more than 26 inches, and the caliber of all guns must be less than half an inch (.50, inclusive) (muzzleloader guns and powder guns are not limited to this) There cannot be a silencer, and it cannot fire automatically (the definition is that only one bullet can be fired once the trigger is pulled).

The definition of gun: A gun refers to the receiver (receiver) or the location of the serial number (a revolver does not have a receiver), and other parts are not controlled items. Due to the abundant supply of various parts and components on the market, many people are not satisfied with the firearms provided by manufacturers. Therefore, they use a variety of parts and components to assemble the most ideal weapon in their minds. Due to the above-mentioned legal regulations, except for the receiver which cannot be ordered by mail, all other parts can be selected from thousands of different manufacturers and designs to achieve 100% personalization. Sometimes, a gun can be modified in a way that neither you nor I can recognize. It is for this reason that gun lovers in the United States believe that the government's 1994 Firearms Control Law classifies guns according to their appearance is very ridiculous, because any gun can be dressed up in a completely different way. Classification, what’s the point?

Automatic weapons: Classified as weapons under the Second National Firearms Act. According to the second paragraph of the 1968 Act. It can be owned privately, but it must be registered with the Bureau of Alcohol, Tobacco, and Firearms, and the Bureau of Alcohol, Tobacco, and Firearms can come and pick it up at any time.

The 1986 Act stipulates that no new fully automatic weapons can enter the civilian market, so if you want to own a fully automatic weapon now, and your local government does not restrict it, you Only buy secondhand from one other person. And the gun must be registered. Of course, the military and police are not limited to this.

Generally speaking, if you want to own an automatic weapon, you must first check whether the local state or city government has banned it? California and New York both stipulate that private individuals are not allowed to own automatic weapons. Weapons: Nevada, Arizona, Texas, Kentucky, and Florida are several states where private individuals can own automatic weapons. Residents of these states can go to the BATF office to get an application form, which will ask you to fill in personal information, fingerprints, etc. The application fee is two hundred dollars and only needs to be paid once. The most difficult part is that the applicant must have a letter from the top police chief in the place of residence, proving that the applicant is a good citizen with no criminal background. This letter is usually issued by the police chief. However, some police chiefs refuse to write such letters at all because they are afraid of trouble and legal disputes. Because basically, he has no obligation to provide such a letter.

If the applicant can pass all the regulations and provide all the required documents, he will finally have to find a third-level arms dealer. (Those engaged in NFA arms business are divided into three levels, the first-level importer. The second level is the manufacturer (the third level is the seller). They will find the gun you want for you, and if someone wants to sell it, it is completely a matter of luck. As you might have guessed, an automatic weapon isn't cheap, running anywhere from a few thousand dollars to tens of thousands of dollars. Of course, it’s not that guns are expensive, it’s just that there are few. If you have the opportunity to go to the states mentioned above where private individuals can own automatic weapons, generally larger shooting ranges may rent automatic weapons. You might as well choose the coolest automatic weapon in your mind to have fun. MP5, Uzi, Ingram, AK47, M16, Thompson, M3, etc. It’s not expensive to rent a gun, only about ten dollars. The most expensive thing is the ammunition.

Crime Act 1994: This is currently the most influential law and the most restrictive. Basically, it limited the magazine capacity to ten rounds, but anything manufactured before the law went into effect was exempt from this limit. So if you have a gun that was designed and produced before 1993, chances are you can still buy high-capacity magazines. For example, the twenty- or thirty-round magazines for M16 or AK47 are still full of pitfalls on the market. However, this is also restricted by local ordinances and is illegal in New York City.

The Brady Bill of 1994 has two steps. The first step is that the sale of handguns must have a five-day waiting period, from February 28 to January 1, 1994. Effective on November 30, 1998. The second phase is the National Instant Criminal Check System (NICS): starting from November 30, 1998, all gun transactions must go through the above inspection. The business owner has to call the 800 number and tell the Federal Bureau of Investigation (FBI) the information of the person who wants to buy a gun. They will check it on the computer. Only gun buyers who pass this check can make a purchase. If someone takes a gun to a pawn shop and wants to redeem it later, he must also go through this inspection. This procedure usually takes about half an hour. This law will automatically expire in 2004, known as the sunset clause. At that time, it will theoretically be possible to manufacture, buy and sell high-capacity magazines, guns with pistol grips, and other prohibited items. But those who support gun control are betting that by then states will have enacted tougher laws, and the federal government will no longer need to pour this muddy water.

The National Rifle Association

The greatest force in defending gun rights

Legal firearms:

Semi-automatic rifles currently produced and sold in the United States, It must pass one of the following tests, called the Assault Rifle Characteristics.

These guns cannot have more than two features:

Pistol handle,

Replaceable magazine

Flash cap,

Bayonet holder ,

Folding stock,

A semi-automatic pistol cannot have more than two features:

The magazine is installed in a position other than the gun handle,

Threaded barrel,

With handguard,

Weighing more than fifty ounces,

A semi-automatic version of a fully automatic pistol, < /p>

Shotguns cannot have more than two features:

Folding or telescoping stock,

Pistol grip,

Exceeding Five-round fixed magazine,

removable magazine,

However, if the gun was manufactured before September 13, 1994, it is not exempt from this limit. Therefore, there are so-called pre-ban and post-ban differences on the market. Some people will buy an old pre-ban gun, and then replace everything except the receiver. Then they will have an almost new gun, which can have a flash cap, bayonet holder, etc., and become a A very cool assault rifle. The premise of this exception is that the gun must meet the definition of an assault rifle when it leaves the factory, so it can follow the principle of grand fathered. As for semi-automatic rifles imported from foreign countries, most of them have been banned from import. It is said that there are thousands of rifles detained at customs, most of which are SKS and AK-47 from China. (The two names used here are just general terms. In fact, there are many models manufactured by China Norinco and Poly, which will be discussed in another article in the future.) Foreign-made products can only have the same characteristics. Importers can change if they are poor, and they can adapt to changes. The bayonet seat is ground off, and the pistol grip and butt are replaced with a butt that is connected at the bottom, which is generally called a Thumb Hole butt. The thirty-round magazines were also replaced with five- and ten-round magazines. After all this effort, another batch of products cleared customs, but in the end they couldn't escape the power of the President's executive order, and they were all banned.

The entire gun cannot be imported. Except for the receiver part and the magazine with more than ten rounds, other parts are still allowed. So businesses began to combine guns in the United States. These guns, known as kit guns, use American-made receivers and other imported components. Generally speaking, the quality is relatively poor. Such guns are also subject to legal restrictions. Because most of the parts are made in foreign countries, they are classified as foreign guns and cannot have more than the same characteristics as assault rifles. The factor that determines whether it is domestic or foreign-made is how many parts are made in the United States. So there are people selling US Part Kits. After replacing these parts, you can have the characteristics of two assault rifles, usually with a pistol grip.

In addition, there are several special circumstances:

1. Within the same state, private individuals can buy and sell non-NFA firearms (Private Sale) without going through FFL distribution. business.

2. Weapons with a manufacturing date of more than 100 years are not subject to BATF restrictions. You can sell and purchase it (mail order) like ordinary goods. Some Russian Mosin-Nagant M91s and German Mauser M98s are over a hundred years old.

3. BATF publishes a list of antique and souvenir weapons (Curio and Relic). Anyone can apply for a collection license (Curio & Relic FFL-C&R FFL), paying only $30 every three years. Weapons on the list can be purchased across state lines. Generally speaking, firearms with a manufacturing date of more than fifty years are listed on this list.

4. Gun Show (Gun Show) is a very special problem. Originally it only gathered many gun dealers and customers to engage in transactions, and it was no different from a book fair. But since gun control laws have become more and more stringent, and the laws on unrestricted private sales have not changed, this has created a big loophole. It makes sense for someone to rent a booth at a gun show and sell his own guns, but selling one gun is also selling, and ten guns are also selling, and there is no clear distinction between them.

Is his "own gun" the one he has owned for ten years, or did he buy it from another private person at another gun show last week? If you ever get the chance to go to a gun show, the bigger the better, pay attention to the gun Is there a yellow form on the merchant's desk? If not, it is probably a private booth where cash transactions are allowed. Logically, he should determine legal age, state residency, etc. It is up to him whether he does it or not. There is a fierce debate on this issue in Congress. The Democratic Party advocates that this hole be blocked and that all gun transfers must go through gun dealers. The Communist Party and the Communist Party objected, believing that this would only increase the price of guns and increase inconvenience. They were too lazy to wait until gun shows to buy the guns used by real criminals, as they were already available on the street corners. Adding a bill will not help.

If you are interested in U.S. laws or want to know the regulations of each state, you can go to the National Rifle Association's website to check. They have very detailed information on each state.

Generally speaking, the police stations in various places are the units responsible for management. The police chief of a small place has absolute power. If you live in a big city, you may have to pass through several units. Sometimes, even ordinary police officers cannot understand the complicated laws. Fortunately, most gun shops are very familiar with the local situation, and they will be happy to help, because helping you also provides them with a potential customer. Here, we should emphasize the word local. As mentioned above, each state, county, city, town may have different regulations. Once the boundary is crossed, it may be very different. same. For example, a gun shop in Long Island (Long Island, New York) may not be so clear about New York City (New York) regulations. Even if it is aware of it, it may not have the necessary forms. You must be clear about it and don't break the law inexplicably without knowing why.

New: California’s Assault Weapons Control Act

California, on July 20, 1999, officially signed the Assault Weapons Control Act. for the law. This law is claimed to be the strictest gun control law in the United States. Starting from January 1, 2000, California banned the sale of a series of firearms classified as assault weapons. The so-called assault weapons include a wide range of weapons, with about seventy-five weapons listed among them. Such as AR15, AK47, FAL, G3, etc., all are banned. This time the ban on guns seems to be more severe than before, and even thumb hole-style gun stocks are banned. And any magazine with a capacity greater than ten rounds may not be sold. Especially the SKS that uses magazines must be surrendered and the state government pays $230 to buy it back.

New: Gun Control in New York City

New York City is divided into five boroughs – Manhattan, Brooklyn, Queens, and Staten Staten Island and the Bronx have the same gun control laws, allowing private ownership of firearms.

Rifles are relatively simple and adopt a registration system. As long as they are not banned in New York City, they can be purchased at any time without restrictions. AK, SKS, M16, USR, etc. are prohibited, Mini-14, Ruger 10/22, M1A, etc. are legal. To get started, go to a rifle control center in Queens Court on Queens Blvd., on Union Turnpike to apply for a gun license. You need two photos and a $70 money order (Post Office right next to it). It will take about three months for the gun license to be mailed out. After that, you can go to the gun store to buy a rifle. After purchasing, the gun dealer or yourself must send a certificate of sale to the Rifle Control Center in Queens for filing.

Pistols are more troublesome. There are many types of pistol permits. One is the Residential Permit, which has no use and can only be kept at home and taken to the shooting range on designated days.

The Conceal Carry Permit is almost impossible for ordinary people to obtain. Here we will only talk about the Target Permit. First of all, you have to join a shooting club. Generally, gun shops with shooting ranges have attached clubs. Then you have to go to the New York City Police Department (in Lower Manhattan, Police Plaza, next to the city hall) to have your fingerprints taken, and pay the application and fee. You can fill out the form on your behalf, but you must go to the police station to complete the procedure in person. The total cost before and after is about 500 yuan. After submitting the application form, in about three months, the police station will notify the applicant to go for an interview. If everything goes well, in about six months, you can get a shooting license and a purchase permit, and you can buy a pistol!! ! The purchase of a handgun must be completed within thirty days after the license is issued, otherwise it will become invalid. After purchasing a gun, you must bring it to the city police station for inspection within 48 hours. Only in this way will all legal procedures be completed. After three months, you can apply for purchase again. It takes about two months to purchase a license, and the application must state the caliber you want.

Additional regulations include that people without a pistol license are not allowed to "possess" guns, which means they are not allowed to rent or play with guns. (So ??within the borders of New York State, except for military personnel, law enforcement officers and a few exceptions, it is illegal to hand a pistol into the hands of someone who does not have a pistol license. A debate on gun control on television in 1998 At the time of the question, an out-of-town member of the Handgun Control Association took a pistol and pointed it at the show. Since the recording studio was in Manhattan, the NRA publicly asked the New York City Police Department afterwards why he was not arrested? This shows that law enforcement unfair). Holders of shooting licenses can only carry their guns "directly" to and from the shooting range. The gun must be unloaded and placed in a locked box. The regulations state that each person is entitled to one gun. In other words, it is entirely up to him whether he is allowed to buy a second pistol.

These regulations make me dizzy just looking at them. If a friend who lives in New York City wants to buy a gun, the best way is to find a gun store with a shooting range in the phone book and go talk to them. They are usually willing to help. Don't believe anyone who claims that they can do it for you or through the back door. I dare not say that it is not possible, but I don't believe you are so lucky.

Appendix:

C&R (FFL 03) application form:

One copy of F 7CR (5310.16)

One copy of F 5330.20

Free subscription of various BATF forms

$30 check

A separate copy of the F 7CR form must be sent to the local police chief for filing, but his permission is not required . Once you obtain a license, you must keep a Bound Book of purchases and sales, which cannot be replaced by computer records unless you have special permission.

ATF’s C&R list:

List 1 - Firearms reclassified as C&R from 1938 United States Code-USC (Federal Firearms Act), Title 18, Chapter 44

List 2 - Firearms classified as C&R from the Gun Control Act (GCA) of 1968

List 3 - Firearms classified as C&R from the National Firearms Act (NFA) of 1934

Form for transfer of machine guns, etc.:

Two copies of F 4 (5320.4) form

One copy of F 5330.20 form

Two copies of FBI FD-258LE fingerprint card

Order various BATF forms for free, including fingerprint cards

$200 check

Usually local police chiefs have individual regulations and must go through certain procedures. Sign Form 53204. Contact the Sheriff's Office or local Class III merchant for details.

www.TitleII.com has a variety of fillable PDF forms that can be downloaded for free.

New:

On September 13, 2004, at 12:01 a.m. ET, the Assault Weapon Ban (AWB) or formally known as Semiautomatic Assault Weapon - SAW Ban) has finally expired after ten years of effectiveness.

Before this day, there were many speculations and many fears. Now that the day has passed, the dances are still dancing and the horses are running. Most people don’t notice any difference. But people who love guns can finally buy weapons with "Evil features". There will no longer be any distinction between pre-ban and post-ban, and there will no longer be a huge price difference.

According to customer questions on the ATF website:

1. Can the public purchase products that are "Restricted law enforcement/government use only" or "for export only" 』(For export only) marked weapons?

Answer: Since the normative laws no longer exist, these marks have lost their meaning, so there are no restrictions and people can buy them freely.

2. Are automatic weapons affected?

Answer: The law regulating automatic weapons is the National Firearms Act (NFA) of 1934, which is still in effect.

3. Are foreign-made weapons affected?

Answer: The law on assembling imported kits (Kit) is still in effect. The use of weapons with insufficient parts produced in the United States is still not allowed. Manufacturing.

4. Is there any difference for people living in California and Massachusetts?

Answer: No, local laws are still in effect.

5. Can weapons produced between 1994 and 2004 be modified to add these evil features?

Answer: Yes.

6. Can manufacturers freely produce and sell large capacity magazines (Large Capacity Ammunition Feeding Device - LCAFD)?

Answer: Since the regulatory laws no longer exist, manufacturers can Freely produce and sell magazines of any capacity.

7. Can importers import commercial models for foreign military use such as AK-47, AUG, and FAL?

Answer: The law prohibiting the import of models related to military weapons is still in effect. Importation for private sale is not allowed.