法律英语：84 Handgun Laws

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed 2 to practice in your jurisdiction 3. Further, I do not intend to create an attorney-client relationship with any listener.

Today’s episode focuses on handguns. Several listeners have written and called in with questions about what kind of gun a person may lawfully 5 possess and how to obtain one. In the wake of the tragedy at Virginia Tech, the debate over gun control has been reinvigorated and people are also debating the best ways to avoid gun violence..

Andrew from Georgia called in and asked:

What are the laws for possessing firearms and mace 6? In movies I always see people whipping a gun out of their purse or from underneath 7 their pillow to protect themselves from criminals, but are there any laws to possessing these firearms? And what are the guidelines and laws for using pepper spray?

This is a great question Andrew. I only have time today to address the handgun issue. The mace question will have to wait for another episode.

The short answer is that the rules for possessing a firearm vary greatly from state to state. In most states, you may buy a handgun and possess it in your home without many legal hurdles 8. Many states, but not all, have stricter rules for possessing concealed 9 handguns, such as carrying a gun in your purse.

The Second Amendment 10 provides, “A well regulated Militia 11, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed 12.” This generally prohibits Congress from completely prohibiting gun possession. But, Congress and the States may limit this right by prohibiting certain types of people from possessing firearms, or by setting up licensing 13 requirements for handguns.

First, there are many classes of people who may not possess any firearm, including handguns. For example, Congress prohibits the following groups from possessing, receiving, shipping 14, or transporting firearms or ammunition 15 in all states: convicted felons 17, people adjudicated mentally incompetent 18, illegal aliens, people convicted of a misdemeanor crime of domestic violence, people dishonorably discharged from the military, and fugitives 19 from justice. Under federal law, a person must be 18 to purchase a shotgun or rifle, and 21 to purchase a handgun.

Also under Federal law, a seller must run an instant background check on all purchasers. This background check will alert a seller if the federal government knows that the buyer is not eligible 20 because, for example, he is a felon 16. However, if a state government fails to report its information, then the federal check will not indicate that the buyer is ineligible 21. It is not a perfect system, which is why many states run their own background checks in addition to the required federal check.

States also provide varying degrees of restrictions 22 on buying and possessing handguns. First, many states require a license 1 to purchase or obtain a firearm, but these requirements vary greatly from state to state.

For example, California has relatively 23 strict gun control laws. In California, a handgun buyer must obtain a handgun safety certificate (like a license) prior to purchasing a handgun. The handgun buyer must pass a written safety test and a hands-on safety demonstration 24 and provide fingerprints 25 and proof of residency. The certificate is also required for anyone who wishes to be loaned a handgun outside of the presence of the owner. There is also a 10-day waiting period to purchase or obtain a handgun. This waiting period is designed to allow law enforcement to do a background check and to allow a “cooling off” period to limit crimes of passion. California keeps records of all handguns sold or transferred in the state, but does not track shotguns or rifles. Last, California has a “one-handgun-per month” rule.

By contrast, Alaska has very liberal gun control laws. In Alaska, a handgun buyer does not need any license, the state does not perform any background check in addition to the federal background check, there is no waiting period, and there is no limit to the number of handguns that a person may buy in any period of time. Also, the state is prohibited from tracking gun sales or transfers.

With regard to carrying concealed weapons, the laws are also very different from state to state. Looking at California again, it is legal to carry a concealed handgun while in your place of business or on other private property without any special license or permit. Of course, your place of work might be a place where it is otherwise illegal to carry a weapon, such as in City Hall.

In public places, it is necessary to obtain an additional license to carry a concealed weapon. To get this, the sheriff of the county must determine that you are of good moral character and that good cause exists for the license. However, “good moral character” and “good cause” are pretty vague terms, and a sheriff has very broad discretion 26 in reviewing an application for a license to carry a concealed weapon. Once a person has a license to carry a concealed weapon, that person can also carry it loaded. But it is important to note that there are exceptions to this general scheme. For example, certain professionals such as armored car guards have separate training and licensing requirements.

Again, by contrast, there are no special laws that apply to concealed handguns in Alaska. Any Alaska resident who may possess a handgun may carry that gun in a concealed manner., and the Brady Campaign’s website at。。。。。。As you can see, purchasing a handgun in America is very easy. Once a person has a handgun, it can be very easy for that person to use it in a heinous 27 and violent way. But, a criminal intent on using a gun for an illegal purpose can get a hold of a handgun illegally anyway. Today, the debate rages on about whether it is a good idea to allow an average citizen to purchase and possess handguns. Does this system protect us or harm us? For disparate views on the issue, please visit the National Rifle Association’s website at 。。。。。。

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful 4 Life. Please check out the Mighty 28 Mommy this week, who will be discussing potty training readiness.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

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