Tag Archives: Federal

District of Columbia vs. Heller

Posted on by

2008

Second Amendment protects an individual’s right to possess a firearm

 

  • Argued March 18, 2008
    Decided June 26, 2008
  • 554 U.S. 570
  •  landmark case from the Supreme Court of the United States
  • held that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia
  • Supreme Court affirmed by a vote of 5 to 4
  • Heller had approached the National Rifle Association about a lawsuit to overturn the D.C. gun ban, but they declined

National Instant Criminal Background Check System

Posted on by

 launched by the FBI on November 30, 1998

United States system for determining if prospective firearms or explosives buyers’ name and birth year match those of a person who is not eligible to buy through an FFL

Background checks are not required under federal law
for intrastate firearm transfers between private parties

Lautenberg Amendment

Posted on by

The Domestic Violence Offender Gun Ban,

  • September 30, 1996
  • 1996 Enacted by the 104th United States Congress
  • bans access to firearms by people convicted of crimes of domestic violence
  • called “the Lautenberg Amendment”
  • sponsored by Senator Frank Lautenberg (D – NJ).
  • “Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence”
  • Pub.L. 104–208, 18 U.S.C. § 922(g)(9))
  • Amendment to the Omnibus Consolidated Appropriations Act of 1997

Gun-Free School Zones Act

Posted on by

Gun-Free School Zones Act (GFSZA)

  • November 29, 1990
  • introduced by Senator Herb Kohl of Wisconsin
  • signed into law by President George H. W. Bush.
  • act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone
  • applies to public, private, and parochialelementary schools and high schools
  • applies to non-private property within 1000 feet of schools

 

  • It provides that the states and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition.

Firearm Owners Protection Act

Posted on by

1986

The Firearm Owners Protection Act (FOPA) is a federal law in the United States that was signed into law by President Ronald Reagan on May 19, 1986. The law made a number of changes to existing firearms laws and regulations, including restrictions on the sale and transfer of firearms, and was designed to protect the rights of gun owners while also strengthening law enforcement efforts to combat gun-related crime.

  • Effective May 19, 1986 
  • prohibiting a national registry of dealer records
  • limiting ATF inspections to once per year
  • allowing licensed dealers to sell firearms at “gun shows”
  • removed regulations on the sale and transfer of ammunition
  • prohibited civilian ownership or transfer of machine guns made after May 19, 1986
  • redefined “silencer” to include parts intended to make silencers ?

Key players, dates, and effects associated with the origin and history of FOPA:

  • Key Players involved in the the Firearm Owners Protection Act (FOPA):

    • National Rifle Association (NRA)
    • Gun Owners of America (GOA)
    • Reagan Administration
    • Congress

  • History of the Firearm Owners Protection Act (FOPA)

    • 1968: The Gun Control Act was signed into law, which established a system of licensing and regulation for firearms dealers and manufacturers, as well as restrictions on the sale of firearms to certain individuals, such as convicted felons and the mentally ill.
    • 1980: Ronald Reagan was elected President of the United States, with strong support from the NRA and other pro-gun groups.
    • 1982: The Bureau of Alcohol, Tobacco, and Firearms (ATF) began conducting raids on firearms dealers and collectors, which many gun owners and pro-gun groups saw as a violation of their Second Amendment rights.
    • 1986: The FOPA was signed into law by President Reagan, with the support of the NRA and other pro-gun groups. Key provisions of the law included:
      • The establishment of legal protections for gun owners who unknowingly violate certain firearms laws.
      • The creation of a registry for machine guns manufactured before May 19, 1986, effectively banning the sale or transfer of new machine guns to civilians.
      • The prohibition of certain types of ammunition that were deemed to be “armor piercing.”
      • The loosening of certain restrictions on the transportation of firearms across state lines.
    • 1993: The Brady Handgun Violence Prevention Act was signed into law, which required background checks for individuals purchasing firearms from licensed dealers.

Effects of the Firearm Owners Protection Act (FOPA):

      • The FOPA has been praised by gun rights advocates for protecting the Second Amendment rights of gun owners and for making it easier to transport firearms across state lines.
      • The creation of the machine gun registry has effectively limited the availability of new automatic weapons to civilians, making them highly sought-after and expensive.
      • The prohibition on armor-piercing ammunition has been criticized by some gun owners as an unnecessary restriction on their rights.
      • The FOPA has been criticized by gun control advocates for making it more difficult to regulate firearms and for weakening existing gun laws.
 

Arms Export Control Act

Posted on by

Arms Export Control Act of 1976

  • Title II of Pub.L. 94–329, 90 Stat. 729
  •  codified at 22 U.S.C. ch. 39
  •  H.R. 13680 legislation was passed by the 94th Congressional session
  • enacted into law by the 38th President of the United States Gerald R. Ford
  • on June 30, 1976
  • requires international governments receiving weapons from the United States to use the armaments for legitimate self-defense
  •  places certain restrictions on American arms traders and manufacturers