Gun law in the United States: Difference between revisions

The private right to keep and bear arms is protected by the [[Second Amendment to the United States Constitution|Second Amendment]] of the [[United States Constitution]]. This protection was notbecame legally explicit untilwhen the [[United States Supreme Court|U.S. Supreme Court]] ruled in ''[[District of Columbia v. Heller]]'' (2008) that the Amendment defined and protected an individual right, unconnected with militia service. A subsequent holding in ''[[McDonald v. City of Chicago]]'' (2010) ruled that the Second Amendment is [[Incorporation of the Bill of Rights|incorporated]] by the [[Due Process Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] and thereby applies to state and local laws. In ''[[New York State Rifle & Pistol Association, Inc. v. Bruen]]'' (2022) the Court struck down New York's "may[[Overview of gun laws by nation#Vocabulary_and_terminology|may-issue"]] policy of grantingbeing required to show "proper cause" to be granted a concealed carry licenseslicense, andbut allowed states to enforce "shall-issue" permitting where applicants must satisfy certain objective criteria such as passing a [[National Instant Criminal Background Check System|background check]]. It furtheralso held that any regulation of firearms in the United States is presumed unconstitutional unless the state can prove it is rooted in the country's text, history, and tradition. In ''[[United States v. Rahimi]]'' (2024), this test was refined as the Court upheld federal laws restricting gun rights from those accused of domestic violence and said that lower courts should not seek exact comparisons when reviewing the historical tradition but rather look at similar analogues and general principles.<ref>{{cite web | url = https://www.scotusblog.com/2024/06/supreme-court-upholds-bar-on-guns-with-domestic-violence-restraining-orders/ | title = Supreme Court upholds bar on guns under domestic-violence restraining orders | first = Amy | last = Howe | date = June 21, 2024 | access-date = June 21, 2024 | work = [[SCOTUSBlog]]|archive-url=https://web.archive.org/web/20240625215859/https://www.scotusblog.com/2024/06/supreme-court-upholds-bar-on-guns-with-domestic-violence-restraining-orders/|archive-date=June 25, 2024 }}</ref>

[[Fugitives]], those convicted of a [[felony]] with a sentence exceeding 1one year, past or present, and those who were involuntarily admitted to a mental facility are prohibited from purchasing a firearm; unless rights restored. Forty-five states have a provision in their [[State constitution (United States)|state constitutions]] similar to the [[Second Amendment to the United States Constitution|Second Amendment]] to the [[United States Constitution]], which protects the [[right to keep and bear arms in the United States|right to keep and bear arms]]. The exceptions are California, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.<ref>{{cite web|url=http://www.law.ucla.edu/volokh/beararms/statecon.htm |title=State Constitutional Right to Keep and Bear Arms Provisions|publisher=UCLA School of Law |date=2006|access-date=November 23, 2011|first=Eugene|last=Volokh}}</ref><ref>{{cite web|url=http://law.onecle.com/new-york/civil-rights/CVR04_4.html |title=New York Civil Rights – Article 2 – § 4 Right to Keep and Bear Arms |work=Law and Legal Research |date=March 30, 2010 |access-date=November 23, 2011}}</ref> Additionally, the [[Supreme Court of the United States|U.S. Supreme Court]] held in ''[[McDonald v. City of Chicago|McDonald v. Chicago]]'' (2010) that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.<ref>Liptak, Adam (June 28, 2010). [https://www.nytimes.com/2010/06/29/us/29scotus.html "Justices Extend Firearm Rights in 5-to-4 Ruling"], ''New York Times''. Retrieved February 21, 2015.</ref> In ''[[New York State Rifle & Pistol Association, Inc. v. Bruen]]'', the Supreme Court ruled that states could not require "proper cause" or a "special need" when issuing a license for concealed carry.<ref>{{cite web | url=https://www.firearmspolicy.org/new-york-gun-carry-ban-unconstitutional-supreme-court-rules-in-fpc-supported-case | title=New York Gun Carry Ban Unconstitutional, Supreme Court Rules in FPC-Supported Case; Court Addresses "Scrutiny" for Second Amendment Litigation |website=Firearms Policy Coalition |date=June 23, 2022 |access-date=June 30, 2022}}</ref>

In 2022, the Supreme Court ruled in the case ''[[New York State Rifle & Pistol Association, Inc. v. Bruen]]'' "that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home" and that "the [[New York (state)|State]]’s [[Overview of gun laws by nation#Vocabulary_and_terminology|may-issue]] licensing regime violates the Constitution."

The Supreme Court ruled that the Second Amendment protects the right to carry guns in public for self-defense in ''[[New York State Rifle & Pistol Association, Inc. v. Bruen]]'' in 2022.<ref>Liptak, Adam (April 15, 2013). [https://www.nytimes.com/2013/04/16/us/politics/supreme-court-declines-gun-law-case.html "Justices Refuse Case on Gun Law in New York"], ''[[The New York Times]]''. Retrieved February 15, 2015.</ref><ref>{{Cite web|url=https://thehill.com/opinion/judiciary/564279-new-york-gun-rights-case-before-supreme-court-with-massive-consequences|title = New York gun rights case before Supreme Court with massive consequences|date = July 23, 2021}}</ref> Previously, [[United States courts of appeals|federal appeals courts]] had issued conflicting rulings on this point. For example, the [[United States Court of Appeals for the Seventh Circuit]] ruled in 2012 that it does, saying, "The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside."<ref>Long, Ray; Sweeney, Annie; Garcia, Monique (December 11, 2012). [http://www.chicagotribune.com/news/local/breaking/chi-us-appeals-court-strikes-down-states-concealedcarry-ban-20121211-story.html "Concealed Carry: Court Strikes Down Illinois' Ban"], ''[[Chicago Tribune]]''. Retrieved February 15, 2015.</ref> However, the [[United States Court of Appeals for the Tenth Circuit|Tenth Circuit Court]] ruled in 2013 that it does not, saying, "In light of our nation's extensive practice of restricting citizen's freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections."<ref>Associated Press (February 23, 2013). [https://www.nytimes.com/2013/02/24/us/court-finds-no-right-to-conceal-a-firearm.html "Court Finds No Right to Conceal a Firearm"], ''[[The New York Times]]''. Retrieved February 15, 2015.</ref> More recently, the [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit Court]] ruled in its 2016 decision ''[[Peruta v. San Diego County]]'' that the Second Amendment does not guarantee the right of gun owners to carry concealed firearms in public.<ref>Nagourney, Adam; Eckholm, Erik (June 9, 2016). [https://www.nytimes.com/2016/06/10/us/second-amendment-concealed-carry.html "2nd Amendment Does Not Guarantee Right to Carry Concealed Guns, Court Rules"], ''The New York Times''. Retrieved June 9, 2016.</ref>

* is an unlawful user of or addicted to any [[controlled substance]] (as defined in section 102 of the [[Controlled Substances Act]],<ref>https://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm {{Webarchive|url=https://web.archive.org/web/20181127163218/https://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm |date=November 27, 2018 }} {{PD-notice}}</ref> codified at 21 U.S.C. § 802);

* is subject to a [[court order]] (including [[Domestic Violence Protective Order]]sOrders as per [http://Title%2018%20of%20the%20United%20States%20Code USC Title 18] [https://www.justice.gov/archives/jm/criminal-resource-manual-1116-prosecutions-under-18-usc-922g8 § 922(G)(8)]) restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or