E46Fanatics

E46Fanatics (http://forum.e46fanatics.com/index.php)
-   Gun Talk (http://forum.e46fanatics.com/forumdisplay.php?f=102)
-   -   US Gun Laws (http://forum.e46fanatics.com/showthread.php?t=648059)

///MACHINE 02-12-2009 02:40 AM

US Gun Laws
 
American gun owners, please school me about the laws in the US.

I have read a couple of threads where there are gun bans in certain areas or cities.

How does that work? Is it not a ingrained in the constitution that you can bear arms? How do local laws override the constitutional freedoms?

What places have these bans?

:hi:

TheCarLessDriven 02-12-2009 02:44 AM

bang bang

Owtlaw333 02-12-2009 02:52 AM

AFAIK, you can own one anywhere, but local laws dictate where/how/if you can carry and which kind you are allowed to own.

Xcelratr 02-12-2009 06:46 AM

The 2nd Amendment to the US Constitution says:

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

There is no consensus in the US as to what that really means these days.

When the Constitution was written, the ability of the citizens (meaning white male land-owners) to possess arms was considered necessary not only because the US was still largely a frontier nation with no 911 service, but also because an armed citizenry was less easily suppressed and controllled by a potentially corrupt or unjust government.

However, back then, the citizens had the practical ability to possess the same level of firearms as the government. These days with tanks, missles, aircraft, smart bombs, nukes, bio-chem, satellites, etc, it's unlikely that a bunch of dudes with pistols and shotguns are going to be able to prevent the government from oppressing them if it decides to.

The range of public opinion spans all the way from people that think no private citizen should legally be allowed to possess any kind of gun to people that are grumpy that they're not allowed to buy 2 or 3 cases of the newest machine guns and hand grenades and would drive an M1A1 to work if there was parking available.

Generally, it's legal for any citizen to own a hand gun, shotgun or rifle. States have various laws regulating WHO can own a gun (convicted felons usually can't, for example) and what KINDS of guns are legal (fully automatic guns, assault rifles, certain types of ammo, laser sights and noisy crickets are illegal in many states, etc).

So the simple answer to your question is that US citizens are allowed to own guns in every state. Who and what kind of gun varies, though.

FYI, the conflict between state laws and the US Constitution has been going on since 1787. On paper, the US Constitution is the supreme law of the land and no state law can override it. The practice of determining what state laws are unconstitutional is very complicated and promises lasting job security for hordes of lawyers.

Hope this helps.

joeski3d 02-12-2009 07:19 AM

The gun laws only affect those that are trying to procure the guns through the legal channels. :eeps:

truemc 02-12-2009 11:18 AM

Quote:

Originally Posted by joeski3d (Post 9395231)
The gun laws only affect those that are trying to procure the guns through the legal channels. :eeps:

Um, don't all laws only affect those who are going to follow them?????

joeski3d 02-12-2009 12:20 PM

Quote:

Originally Posted by truemc (Post 9396139)
Um, don't all laws only affect those who are going to follow them?????

Thank you for noticing my point. :thanks:

Tenchi 02-12-2009 12:23 PM

Quote:

Originally Posted by ///MACHINE (Post 9394816)
American gun owners, please school me about the laws in the US.

I have read a couple of threads where there are gun bans in certain areas or cities.

How does that work? Is it not a ingrained in the constitution that you can bear arms? How do local laws override the constitutional freedoms?

What places have these bans?

:hi:

the gang war in vancouver finally getting to ya?

VillanovaGrad 02-12-2009 12:23 PM

i thought you cant get a gun in washington DC no questions asked?
or is it different? what about NY?

Penguin Koolaid 02-12-2009 12:30 PM

There is a weapons "restriction" in Chicago. While the 2nd Amendment may imply that it's the right of an American to bear arms, there are legal loop-holes that allows you to essentially ban them.

Take the "restriction" on Marijuana. In order to legally possess marijuana, you need to pay a "ticket tax." Without the ticket tax, any marijuana in your possession is illegal. But here is the catch, in order to obtain the ticket tax, you need to present the drug to some government agency to process it. As a result, you need to be in possession of the drug first, which is illegal since you don't have the ticket tax.

Same concept can be used with firearms. It's not really a ban, but a restriction that makes it impossible to legally posses them.

VillanovaGrad 02-12-2009 01:08 PM

Quote:

Originally Posted by Penguin Koolaid (Post 9396549)
There is a weapons "restriction" in Chicago. While the 2nd Amendment may imply that it's the right of an American to bear arms, there are legal loop-holes that allows you to essentially ban them.

Take the "restriction" on Marijuana. In order to legally possess marijuana, you need to pay a "ticket tax." Without the ticket tax, any marijuana in your possession is illegal. But here is the catch, in order to obtain the ticket tax, you need to present the drug to some government agency to process it. As a result, you need to be in possession of the drug first, which is illegal since you don't have the ticket tax.

Same concept can be used with firearms. It's not really a ban, but a restriction that makes it impossible to legally posses them.


yeah.. its like a weird cycle... but if the thing falls out of the sky, you can have it ;)

brew 02-12-2009 01:21 PM

This is my understanding (although some gun rights fanatic may school me on this):

Technically the US Constitution only applies to the Federal government, not state governments. But there's a loophole, where the Supreme Court can decide that parts of the Constitution apply to states through the Due Process Clause of the 14th Amendment. Over time they have used this loophole to make all but a few rights from the Bill of Rights apply to states. The 2d Amendment's right to bear arms is one of the few rights that have not been extended to the states (along with the Fifth Amendment right to an indictment by a grand jury and the Seventh Amendment right to a jury trial in civil cases). So states technically can outright ban guns if they want. Now I know they just had that Washington DC case . . but DC isn't a state and I'm pretty sure that the Supreme Court still has not extended the 2d Amendment right to bear arms to the states.

jacques chirac 02-12-2009 01:33 PM

Quote:

Originally Posted by joeski3d (Post 9395231)
The gun laws only affect those that are trying to procure the guns through the legal channels. :eeps:

BTW, Joe, have you received the four M249 I ordered through our mexican "friends":shhh:

joeski3d 02-12-2009 01:47 PM

Quote:

Originally Posted by jacques chirac (Post 9396873)
BTW, Joe, have you received the four M249 I ordered through our mexican "friends":shhh:

I did. They make excellent paperweights... and my boss seems to be keeping his distance these days. I wonder why... :hmm:

jacques chirac 02-12-2009 01:51 PM

Quote:

Originally Posted by JonJon (Post 9396927)
I just wanna shoot somebody

You have been reported.Not to tim. To the FBI

Boosted_ZHP 02-12-2009 02:48 PM

Quote:

Originally Posted by JonJon (Post 9396927)
I just wanna shoot somebody

Make sure to warn them with a shot first.

Tenchi 02-12-2009 02:52 PM

Quote:

Originally Posted by JonJon (Post 9396927)
I just wanna shoot somebody

finally me and Jen can be together once they lock you up :eeps:

Penguin Koolaid 02-12-2009 04:32 PM

Quote:

Originally Posted by Tenchi (Post 9397271)
finally me and Jen can be together once they lock you up :eeps:

I'm calling dibs on your existing wife's e60.

Clean_3 02-12-2009 04:41 PM

^ lmao

3erdriver 02-12-2009 07:24 PM

The Gun Restriction in DC was unconstitutional, and was over turned by the Supreme Court. Of course it will take a while for that to actually take effect and for that to be applied to NYC and other areas. Gun Control is the shiny object Liberals use to distract people from the real problem. Gun laws only keep the law abiding citizens from being able to defend themselves. The term "assault rifle" is also a completely ridiculous term too. It refers to military style weapons, it has nothing to do with cailber or function merely physical attributes. There are far bigger caliber rifles that are also semi automatic that are not considered assault rifles because they aren't "military style" Anyway...some of them are reasonable...I agree there is no reason for a person to own a fully automatic weapon, none whatsoever, but restricting other firearms isn't a helpful measure..../end rant


All times are GMT -5. The time now is 11:56 PM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
(c) 1999 - 2011 performanceIX Inc - privacy policy - terms of use