Although gun legislation has been around for hundreds of years, it has only become a hot button topic in recent years. With this widely discussed topic comes many different opinions and feelings on the subject. There’s no shortage of statistics to support any of the many viewpoints on the matter.
New gun legislation is constantly evolving to address issues that happen related to firearms. Gun legislation will always directly impact the process of buying and owning a gun. Anyone looking to purchase a firearm will be affected by gun legislation in some way.
Past Gun Legislation
Gun legislation is as old as the wild, wild West. Bearing arms on the old western frontier was a heavily regulated business contrary to popular belief. A popular example of this is Tombstone’s law that required town visitors to disarm. Today, people visiting the town are allowed to open and conceal carry with fewer restrictions than were imposed in the late 1880s.
In 1791, the second amendment gave us the right to keep and bear arms. However, in 1934, the first national gun legislation for gun control was signed into law. President Franklin Delano Roosevelt’s “New Deal for Crime,” gave birth to the National Firearms Act (NFA), the first legislation to enforce gun control in the United States. It was passed after the Saint Valentine’s Day massacre of 1929 and was meant to curtail the gangland crimes of that time. It ordered the mandatory registration of machine guns, short-barreled rifles and shotguns, heavy weaponry, explosives, suppressors, and disguised firearms.
Some gun laws impact the buying process more than others. The 1934 NFA imposed a $200 tax – equivalent to nearly $4,000 in 2019 – on the manufacture, sale, and transfer of certain classes of firearms. Since then, the NFA has been amended and revised. It now imposes an excise tax and registration requirements on a narrow category of firearms and a category defined as “any other weapon.” Most handguns are excluded from this category.
Another bill that shaped today’s gun buying process was the Federal Firearms Act of 1938 (“FFA”). This statute was signed into law by President Franklin D. Roosevelt and required that all gun-related businesses have a Federal Firearms License (FFL). It is enforced for all: gun manufacturers, importers, and persons in the business of selling firearms. This requires all licensees to maintain customer records. It also made the transfer of firearms to certain classes of people, such as convicted felons or “prohibited persons,” illegal.
Gun Legislation Today
Today in the United States, a number of federal statutes still lawfully control a buyer’s access to firearms. These laws are related to firearms, ammunition, and firearm accessories. They regulate:
- Manufacture
- Trade
- Possession
- Transfer
- Record-keeping
- Transport
- Destruction
State agencies and the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforce these statutes.
In addition to the federal gun laws in place, all individual state governments and some local governments have their own laws that regulate firearms. This can get tricky when trying to purchase a firearm for personal use.
Gun Legislation And The Buying Process
Both the NFA and FFA were revised by the Gun Control Act (GCA) of 1968. It revised and expanded on the rules imposed in each of the prior acts. Some of the major statutes established by the GCA included:
- A minimum age requirement for firearms purchasers
- All domestic and imported firearms were required to be tacked with a serial number
- A broader definition of “prohibited persons”
The serial number requirement had the biggest impact on people purchasing firearms and made the process more complicated. The requirement, which was put in place to track all firearm purchases, directly impacted how easy it was to buy firearms.
Changes to Create a Gun Buying Standard
The GCA was significantly amended by the Firearms Owners’ Protection Act (FOPA). This statute effectively liberalized many of the restrictions on firearms suppliers. This act also impacted the gun buying process by allowing public gun shows to be a place of business.
Marketplaces like gun shows gave an eager gun purchaser a wider selection of merchandise to choose from and increased sales for suppliers. It made it possible for consumers to legally buy guns, parts, and ammunition from many licensed dealers all in one place.
The Brady Handgun Violence Prevention Act of 1993 (“Brady Act”), imposed a five-day waiting period before a licensed dealer could complete a handgun sale to that person. The purpose of the waiting period is to allow law enforcement time to confirm that the prospective buyer is not “prohibited.” Over time, the five-day waiting period was replaced by an instant check system extending to only three days if needed.
In 2007, financial incentives were provided to states who contributed to the National Instant Criminal Background Check System (“NICS”) Improvement Amendments Act. The NICS is the database used to perform background checks when firearms are purchased from a federally licensed dealer. States were encouraged to report relevant information, like if a person was prohibited from possessing firearms due to a mental defect or time spent in a mental institution. The improvements to the system made the buying process easier by further reducing the amount of time it took dealers to verify a buyer’s eligibility.
Effectiveness Of Gun Legislation
It is easy to understand why gun legislation is constantly changing. Criminals keep breaking the law by finding new ways to misuse firearms. New laws are needed to address each issue. As with many laws, they are not always airtight and sometimes leave loopholes to be discovered by the wrong people. This does not necessarily mean that gun legislation should eliminate background, and wellness checks before selling firearms through a licensed dealer, but process changes can have a far-reaching impact on legitimate gun owners.
Creating gun legislation and putting it into action does not mean that it will work every time. In less time than it takes a law-abiding individual to fill out the required paperwork and complete the steps to obtain a legal firearm from a supplier, a felon can obtain several illegal firearms off-the-books.
Alternatives to Buying Heavily Regulated Guns
The GCA of 1968 first required serial numbers to be included on all firearms sold by manufacturers. This is a tracking method that could theoretically be used by a controlling government body for the use of knowing who owns exactly what type of firearm. The FOPA of 1986 restricted the number of ATF searches allowed on a dealers’ history. It also prevented the federal government from maintaining firearm dealer records from a central database.
It’s doubtful that Americans will ever be able to freely purchase firearms from a licensed dealer without paperwork, tracking, and a background check. A compilation of past and future gun legislation bills will make sure of that.
Some gun enthusiasts have turned to 80% lower receivers from reputable suppliers as a way to protect their privacy even further. Since the frames are only partially complete, they are not classified as a firearm and do not have the same privacy-invading requirements as fully complete guns.
Popularity in 80% lowers has risen due to the recent increase in restrictive gun legislation in specific states. Gun laws in each state vary considerably in their form, content, and level of restriction. They are independent of existing federal firearms laws. Unlike the other forty-four states, these states do not have a provision:
- California
- Iowa
- Maryland
- Minnesota
- New Jersey
- New York
The More You Know
A vital part of staying informed and legal is to know the real facts about firearms. This will help you understand the effectiveness or ineffectiveness of gun legislation and how it impacts the gun buying process in your specific state or municipality.
As a responsible gun owner, it is always wise to know the gun laws in your local area. An American citizen may be born with their second amendment right, but it can also be stripped from them by being dishonorably discharged from the military or committing a felony. Not all felons will lose their gun rights, but trying to get them back can be a complicated and expensive process.
When it comes to purchasing firearms, many people see the laws in place as an inconvenience or an infringement on their second amendment rights, but these laws are often only in place to protect responsible gun owners and other law-abiding citizens. They are meant to keep as many guns as possible out of the hands of criminals. Extra paperwork is annoying, but it’s important for gun owners to understand the purpose of the laws.
Credits:
Jordan McDowell is a writer and second amendment rights advocate. As a proud advocate for responsible gun rights nationwide, he writes about recreational hunting as well as the latest developments in state and national legislation.
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