American Gun Laws

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Montenegrin

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I was a bit curious about gun laws in USA.I saw on wikipedia,that some states (New Mexico for example) do not requires state permit to purchase guns.Does that mean that in some states for pistol/revolver purchase you don't need any licences at all?
 
In Florida, all you need to buy a handgun is to be at least 21 and NOT a criminal.
 
Correct.
In some states (Vermont being one of them), you can buy a pistol and only fill out the federal form (I forget the number).

You do not need to have a permit, you do not need any other kind of registration.
 
Does that mean that in some states for pistol/revolver purchase you don't need any licences at all?

A license is not required to merely purchase a handgun in most (40+) states. The only ones I know of off the top of my head that require a permit or license to purchase a handgun, are New York, New Jersey, Illinois, and possibly Massachusetts (correct me if I'm wrong here).

The vast majority of states require only that you fill out a short form and submit to an instant background check (usually takes 5 minutes or less), before purchasing a pistol from a federally licensed dealer. In most states, you can also purchase a pistol from a private party without any paperwork or background checks (as long as it is also your state of residence).
 
Hawaii has a "permit to acquire".
You need to apply for a permit to acquire a handgun/rifle/shotgun.
If you get approved for the permit, there is a 14 day waiting period until you get the permit.
The permit is only valid for 6 days and can only be used to acquire 1 firearm.
 
I believe Hawaii is the worst out of all the other states.

Because, as part of the application process, you need a mental health waiver and a medical waiver.
So, a pyschologist and your doctor have to sign off on your application to acquire a firearm.
 
There is no "licensing" nationally in the US for owning handguns or rifle/shotguns. Some types are restricted requiring a background check/approval and a special tax (fully automatic firearms manufactured before May of 1986, semiautomatic shotguns above a certain gauge, short barreled rifles or shotguns). There are national restrictions for age on when you may own a firearm.

Individual states within the nation may have specific laws further restricting the ownership or carry of firearms. Some states require a license before purchasing any firearm and some states restrict a nearly senseless array of firearms that may not be purchased or owned in that state. Other states have no restrictions beyond the national federal restrictions to purchase a firearm.

Some states have no restriction on who may carry a firearm and others have requirements and permits for carrying firearms while others do not permit citizens to carry firearms.

It is interesting to note that national crime and public health data shows that many states with few or no restrictions have lower crime rates than those that are very restrictive on firearms ownership and carry and that some states with few restrictions have higher crime rates than some states with restrictive ownership/carry requirements. The interpretation of such information would lead to the conclusion that laws restricting or permitting firearms ownership/carry don't correlate to violent crime levels and that socioeconomic problems are the driver for violent crime instead of availability, access or carry of firearms.
 
In Kentucky if your next door neighbor wants to sell you his 1911 to buy a new shotgun all we have to do is agree on a price, no paperwork, no permits, no forms.
 
In Kentucky if your next door neighbor wants to sell you his 1911 to buy a new shotgun all we have to do is agree on a price, no paperwork, no permits, no forms.

I think it's that way most places, except maybe some states that are real gun unfriendly.
Like around here. We swap, barter, buy guns from each other all the time.
Not a problem.
 
Quiet, that sounds even worse than the rigmarole needed to legally purchase a pistol in NJ (and that's saying a lot)!


Are you kidding? I would take a 14 day wait for a handgun any day now! Right now you have to get your FID (Firearms ID) card first, which in most counties takes 6 months. Then once you have that card, you need a pistol purchase permit, which can take another 6 months and expires after 3 months. You can only purchase one handgun per month unless you have a "special need" which would be pretty much nothing.

Rifles and shotguns though are usually alright once you have the FID card though, besides the long list of weapons you can't own (stupid because 3/4 of the list is full auto and banned federally anyway) and you can't pass the "evil feature" count on semi-auto guns. (Apparently bayonet lugs are banned because you know, bayonets are the weapon of choice to all those thugs around here...)

We have a 15 round magazine limit, which puts us right between not enough and decent capacity.

Handgun ammo can't be purchased online and is recorded wherever you buy it. Rifle and shotgun ammo is fine but no tracer or AP ammo. Hollow points are legal in theory for hunting and target shooting, but it's a very risky area because if the jury finds that you didn't posses that ammo for those reasons, you face a felony for each bullet!


The list goes on and on, but thank God it's better than a lot of other countries. I'm hearing more and more about activism here and it seems like people are trying to push this onto our leaders, however NJ has a long history of ignorant leaders who flat out ignore the people until its election time again.
 
stupid because 3/4 of the list is full auto and banned federally anyway)

No, that is incorrect. Full auto, sometimes mistakenly called "class III", weapons are readily obtainable in most states. There is the tax stamp to acquire with its paperwork, and you might need to mortgage your house to cover the cost, but they aren't "banned federally"
 
While other states such as NJ, NY, Mass, IL ,Calif, MD have oppressive gun laws it could always be worse. Although not a state, but a U.S. territory... Puerto Rico does have some pretty oppressive gun laws. They are about to, or have implemented electronic registration of firearms, ammo and it looks like firearm owners as well.

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=57

Requirements for a license

Purchase a $100 dollar internal revenue stamp payable to the Puerto Rico Police; Three person character references. Be fingerprinted and photographed. Child support certification showing no money owed. Extensive background check.

The you get a certificate in 5 days showing you submitted all the paperwork. Then wait no more than 120 days for the license to arrive. It gets worse, the police can do ongoing background investigations AFTER you receive your license and at the superintendent's discretion ...they can take your guns ammo and license away from you.

You are restricted to two weapons...unless you have a target or hunting permit in which case you may have a total of 15 and 80% of those must be locked up all the time. There is confiscation (they say 'remove a firearm') and a $1000 fine per weapon for non compliance. You must certify that you are in compliance.

Only one firearm at a time my be transported unless you have a target license. You can only purchase ammo for firearms you have on your permit. You are allowed to visit a gun club once a year for training and safety and the superintendent will allow you to purchase 50 rounds. You must pass a safety course or you will be fined $100 a month for 6 months and then they take your license away from you. If you don't renew your license and use a gun under any circumstances, it is a $500 fine and it will be revoked.
In addition there is talk of establishing electronic registration of firearms and ammo.


"A person who holds a weapons license, except in the target shooting or hunting categories, may only own a maximum of fifty (50) rounds per calendar year for each weapon he/she owns."

If you purchase ammo for firearms that you do have not registered in your name . It is a FELONY and you face six to twelve ...years in prison. Having a weapon that you do not have registered in your name is a $5000 fine and five years in jail. Having a firearm without a weapons license is "shall be deemed as prima facie evidence of the fact that said person possesses the weapon with the intention of committing a crime. "

Ammunition, weapons are registered, there is a AWB plus a ban on silencers and machine guns. The list of banned firearms seems more comprehensive than the original AWB. If you have a fixed magazine than can hold more than five rounds, you are in violation of the ban. Here are the penalties...

"Any person who violates the provisions of this Section shall be guilty of a felony, and upon conviction, shall be punished by imprisonment for a fixed term of twenty-four (24) years, without the right to suspended sentence, to parole, or to enjoy the benefit of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed. Should there be aggravating circumstances, the fixed penalty established may be increased up to a maximum of thirty-six (36) years; should there be extenuating circumstances, it may be reduced to a minimum of eighteen (18) years"
 
NC requires a "purchase permit" for handguns (but not for long guns) both for commercial & face to face purchases. A permit is obtained via application to your county Sheriff, with application procedures differing between counties. A permit is good for 5 years from issue date & may cover multiple handguns purchased during the same transaction. No subsequent registration is done on the purchased items.

If a purchaser has a concealed carry permit, they are exempt from the "purchase permit" requirement & federal "instant check".

Nick
 
You have to first understand that there are both state and federal laws at play. For almost all states, only FEDERAL law sets the terms and conditions of firearms sales. States generally have no laws on the in-state transfer of firearms. Federal transfer laws apply in some situations but not others. Private in-state sales typically do not involve the federal transfer laws or background checks.

Federal law on the subject is complex but does not establish a licensing scheme or registration, though it does impose additional rules for certain firearms such as fully automatic firearms. Federal law mostly regulates the interstate transfer of firearms. State laws mostly regulate the use of firearms in public, and their transport. So it's state law that regulates concealed carry, and federal law that regulates interstate transfer.
 
Possession of a full auto in the US will get you 10 years in Federal Prison unless it is one of the 183,000 registered to civilians before May 19 1986. So they are banned with the exception of grandfathered transferables. That's why they cost as much as cars.
 
Very few states require a permit or permission to buy a gun.

Most states require a permit to actually carry a concealed handgun, but it's a fairly simple process to get such a permit.

The US Federal government requires anyone buying a gun from a store to undergo a background check, but this takes as little as five minutes to check your name and social security (identity) number against a data base.

Private citizens in almost all states can sell guns to each other without even the background check.

We'd all love to hear about Montenegro gun laws, and welcome to the board!
 
all i can say is...WOW !!! You are luckiest people.I have to pay 30-100eur(40-130 dollar) tax when I want to buy a handgun and to go to court where they decide will they allow me it (and they keep money).For rifle or shotgun it's 60 EUR tax.Concealed weapon carry and open carry is not permitted.And we have big yearly taxes.That's why most people (and I formerly) are owning some illegal firearms.Now when I heared this it really makes me want to go USA(and I wanted to go before).I'll fill out green lottery form :D
 
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all i can say is...WOW !!! You are luckiest people.I have to pay 30-100eur(40-130 dollar) tax when I want to buy a handgun and to go to court where they decide will they allow me it (and they keep money).For rifle or shotgun it's 60 EUR tax.Concealed weapon carry and open carry is not permitted.And we have big yearly taxes.That's why most people (and I formerly) are owning some illegal firearms.Now when I heared this it really makes me want to go USA(and I wanted to go before).I'll fill out green lottery form :D
I'd wait awhile on that lottery ticket. We're having other problems with legislation here that has less to do with guns and more to do with freedom. You won't find that information here "because it's not on topic for The High Road" according to the mods.

Look up the U.S's National Defense Authorization Act, read and understand it before you seriously decide to move here. That is the kind of legislation we're fighting right now. It's the same kind of "government control" that caused the United States to come into being in the first place.
 
American gun laws are pretty simple. Now American law functions as a law which points out what is prohibited. Anything not mentioned is legal.

The important laws just for getting a gun:

NFA 1934
GCA 1968 (especially this one)
FOPA 1986

Nationally, there is no permit or registration system for buying any common gun. If you want to buy from a licensed dealer, then you merely must be 18, sane, not a criminal, and in your state of residence. You must be 21 to purchase a handgun from a dealer. However, the states can make their own laws.

Other than Illinois and New Jersey, no state requires that you obtain a permit before buying arms. In Illinois, it's a one time thing where you get approved for the card. In New Jersey, you must obtain a separate permit for each gun you purchase.

The only things absolutely limited in the United States are MANPADS and machine guns. MANPADS (MAn Portable Air Defense System) are completely illegal for civilians to own. Machine guns are strictly regulated and registered. No new machine guns may be registered.

There is no national waiting period, purchase limits, or bans on certain weapons styles or accessories.

In Virginia, in order to buy from a dealer, all you have to do is bring a valid state Driver's License and your money. You just fill out the forms, wait for the background check to come back, pay, and take your gun. If you do a private transfer between two individuals who are not dealers, then you merely need to be sixteen and have the money.
 
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