Federal Law Summary

On June 26, 2008, the U.S. Supreme Court released its opinion in District of Columbia v. Heller on the meaning of the Second Amendment. Please visit LCAV’s Second Amendment page for detailed information about the Heller case and the Amendment.

The powers of Congress are limited to those that are enumerated in the United States Constitution. McCullough v. Maryland, 17 U.S. 316 (1819). The principal powers available to Congress to regulate firearms are the “commerce power,” arising from the Commerce Clause, and the “taxing power,” arising from the Taxing and Spending Clause. U.S. Const. art. I, § 8.

A regulation based on the exercise of the “taxing power” must be consistent with that power. Department of Revenue of Montana v. Kurth Ranch, 511 U.S. 767 (1994). The first federal regulation of firearms, the National Firearms Act (“NFA”), was enacted as part of the Internal Revenue Code in 1934. See Sonzinsky v. United States, 300 U.S. 506 (1937). The NFA levied taxes on the manufacture, sale and transfer of certain classes of firearms and enacted regulatory provisions related to the collection of those taxes. For more information about the NFA and other federal statutes relating to firearms, see below under Key Congressional Acts Related to Firearms.

Similarly, a federal regulation based on the exercise of the “commerce power” must be consistent with the limits on that power. United States v. Morrison, 529 U.S. 598, 608 (2000); United States v. Lopez, 514 U.S. 549, 559 (1995). In general, Congress may exercise its commerce power to regulate channels of interstate commerce (i.e., commerce across state lines), the objects moving in interstate commerce, and commercial activities which have a substantial relation to interstate commerce. Morrison, 529 U.S. at 608-618; Lopez, 514 U.S. at 559-561.

In Lopez, the Supreme Court struck down a provision of the Gun Free School Zones Act of 1990, which prohibited knowingly possessing a firearm in a school zone. The Court held that possession of a firearm in a school zone is not an activity that substantially affects commerce and that this provision was therefore not a proper exercise of Congress’s commerce power. Lopez, 514 U.S. at 559-568. Despite the holding in Lopez, many of the more recent federal firearms regulations have been enacted through the commerce power. The Gun Free School Zones Act, 18 U.S.C. § 922(q), was reenacted in 1996 with the constitutional defects of the 1990 Act remedied. The revised version has been held constitutional. See, e.g., United States v. Dorsey, 418 F.3d 1038, 1046 (9th Cir. 2005) (new version of 18 U.S.C. § 922(q) resolves the shortcomings that Lopez found in the prior version because the revised statute incorporates a jurisdictional element which would ensure that the firearm possession in question affects interstate commerce).

The power of government to enact laws in the interests of the public health, safety and welfare of the people is called the “police power.” The police power is at the core of state and local authority to regulate the purchase, possession, transfer and use of firearms. Except with respect to the District of Columbia and the federal territories, the police power is not one of the powers delegated to Congress, but instead is vested in the states. Morrison, 529 U.S. at 618; Lopez, 514 U.S. at 566.

The police power of local governments depends on state law. For more information about local authority to regulate firearms, click here.

Under the Supremacy Clause of Article VI of the U.S. Constitution, a federal law is binding on all state and local governments so long as Congress duly enacted the law pursuant to one of its limited powers. When federal law removes state authority (and thus local authority) to regulate a specific subject matter, the process is called “federal preemption.” Federal preemption of state law is uncommon in the area of firearms regulation.

Congress may make its intention to preempt an area of state law clear by expressly stating that intent in the language of a statute. Absent such a statement, when considering a challenge to a state or local law based on the claim that regulation of the subject has been preempted by Congress, courts presume that the federal government does not intend to preempt state and local authority. Richmond Boro Gun Club, Inc. v. City of New York, 896 F. Supp. 276, 285 (E.D.N.Y. 1995), aff’d, 97 F.3d 681 (2d Cir. 1996) (upholding New York City’s assault weapon ban against a federal preemption challenge). When the challenged law is within an area of traditional state authority, the reviewing court will find preemption only when the court is “absolutely certain” that Congress intended to take away that authority. Gregory v. Ashcroft, 501 U.S. 452, 464 (1991) (rejecting a federal preemption challenge to a Missouri law setting mandatory retirement age for state judges). Courts look for the existence of a pervasive scheme of federal legislation of the particular subject, or an irreconcilable conflict between the federal regulation and the challenged law, to determine congressional intent. Richmond Boro Gun Club, Inc., 896 F. Supp. at 285.

Congress has not expressly preempted the broad field of firearms or ammunition regulation. Furthermore, courts have held that congressional regulation of firearms does not create a scheme so pervasive that it leaves no room for state and local law. Id. Thus, absent a specific, irreconcilable conflict between a challenged state or local firearms or ammunition law and a federal enactment, there is no federal preemption of that state or local law.

Furthermore, 18 U.S.C. § 927 states:

No provision of this chapter [18 U.S.C. § 921 et seq.] shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any state on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.

However, 18 U.S.C. § 926A limits the ability of state and local governments to regulate the transportation of firearms. In particular, that provision requires that a person be allowed to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm, to any other place where he may lawfully possess and carry such firearm, if the following conditions are met:

• The person is not prohibited by federal law from shipping, transporting, or receiving a firearm;
• The firearm is unloaded during the transportation;
• Neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle; and
• If the vehicle does not have a compartment separate from the driver’s compartment the firearm or ammunition is contained in a locked container other than the glove compartment or console.

18 U.S.C. § 926A.

In Arnold v. Cleveland, 1991 Ohio App. LEXIS 5246, No. 59260, (Ohio Ct. App. October 31, 1991), an Ohio Court of Appeals held that an ordinance banning the transportation of assault weapons directly conflicted with section 926A and was therefore unconstitutional as a violation of the Supremacy Clause. Similarly, in Bieder v. United States, 662 A.2d 185 (D.C. Ct. App. 1995), the court reversed defendant’s conviction for transporting an unregistered handgun into D.C. on the grounds that the defendant was complying with all the conditions of section 926A.

However, in Fresno Rifle & Pistol Club, Inc. v. Van de Kamp, 746 F. Supp. 1415 (E.D. Cal. 1990), a federal district court rejected an argument that California’s prohibition on the transportation of assault weapons violated section 926A. The court reasoned that:

18 U.S.C. § 926A has two important qualifications; (1) the person transporting the weapon must be entitled, by law, to possess the weapon in the place from which he is transporting it; and (2) be legally entitled to possess it in the place to which it is being transported.

The court also pointed out that section 926A must be read in light of section 927.

In Coalition of New Jersey Sportsmen v. Florio, 744 F. Supp. 602 (D. N.J. 1990), the court refused to issue a preliminary injunction against New Jersey’s ban on the transport of high caliber firearms and assault weapons, despite the plaintiffs' argument that section 926A preempted the ban, holding that the elements necessary for issuance of a preliminary injunction were not met.

In Bach v. Pataki, 408 F.3d 75 (2d Cir. 2005), the Second Circuit Court of Appeals mentioned that section 926A entitles an out-of-state resident to transport a firearm through New York as long as the provision’s conditions are met, even if the out-of-state resident does not have the proper license under New York law. For this reason, the court rejected an out-of-state resident’s argument that New York’s law violated the Privileges and Immunities Clause, even though New York’s law prohibited an out-of-state resident from obtaining a license.

Most recently, in Torraco v. Port Authority of New York & New Jersey, 539 F. Supp. 2d 632 (E.D.N.Y. 2008), the court held that law enforcement officers are entitled to stop and question a person seeking to transport a firearm between states via airplane to ascertain whether the person meets the conditions in section 926A.

Federal law also limits the ability of state and local governments to regulate law enforcement officers and retired law enforcement officers carrying concealed weapons. See 18 U.S.C. §§ 926B and 926C. For more information about law enforcement officers and retired law enforcement officers carrying concealed weapons, see the section on Carrying Firearms.

For information about the Protection of Lawful Commerce in Arms Act (PLCAA), the federal law which partially immunizes manufacturers and sellers of firearms and ammunition from civil liability under federal, state, or local tort law, see the Immunity Statutes / Manufacturer Litigation section.

See our Preemption and Local Authority to Regulate Firearms and Ammunition summary for additional information about preemption, including state preemption of local laws. To learn more about preemption in a specific state, find that state on the state and local laws map, click on the state, and go to "State Preemption."

The National Firearms Act of 1934 ("NFA")
The NFA was enacted in 1934 as part of the Internal Revenue Code. It was the first federal regulation of the manufacture and transfer of firearms. An exercise of the taxing power, the NFA levied a federal tax on the manufacture, sale and transfer of certain classes of firearms. The NFA has been amended and revised by subsequent federal firearms acts (see other Acts described on this page). Currently the National Firearms Act imposes an excise tax and registration requirements on narrow categories of firearms, including machine guns, short-barreled shotguns or rifles, and silencers. 26 U.S.C. § 5845(a). The NFA also includes, in a category defined as “any other weapon,” certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded. The current provisions of the NFA are codified at 26 U.S.C. § 5801 et seq. Additional details about the NFA may be found in the section below entitled Registration of Guns.

The Federal Firearms Act of 1938 ("FFA")
The FFA imposed a federal license requirement on gun manufacturers, importers, and those persons in the business of selling firearms. The term federal firearms licensee (“FFL”) is commonly used today to refer to the members of the gun industry on whom this license requirement is imposed. In addition to the licensing component of the FFA, the Act required licensees to maintain customer records and made illegal the transfer of firearms to certain classes of persons, such as convicted felons. These classes of persons are commonly referred to as “prohibited purchasers.” The circumstances resulting in the prohibition (such as a felony conviction) are often referred to as “disabilities.” The FFA was repealed by the Gun Control Act of 1968. However, many of its provisions were reenacted as part of the subsequent act.

The Gun Control Act of 1968 ("GCA")
The GCA revised the NFA and the FFA, reenacting and expanding upon provisions of the prior acts, and repealing the FFA. The GCA also enacted prohibitions on the importation of firearms “with no sporting purpose.” However, neither the GCA nor any other federal law regulates the domestic manufacture or sale of firearms which would not pass the federal criteria for determining whether a firearm has “a sporting purpose.” Among the other major provisions of the GCA were the establishment of minimum ages for firearms purchasers, the requirement that all firearms (domestic and imported) be affixed with a serial number, and the expansion of the categories of prohibited persons. The GCA is codified at 18 U.S.C. § 921 et seq., and the provisions of the FFA as reenacted by the GCA are also found in these sections. Additional details about the GCA may be found in the sections below entitled Ammunition Regulation, Background Checks and Prohibited Purchasers, and Dealer Regulations.

The Firearms Owners' Protection Act of 1986 ("FOPA")
The FOPA, also known as the McClure-Volkmer Act, significantly amended the GCA and effectively liberalized many of the restrictions on sellers of firearms. Among other things, the FOPA enacted provisions that legalized sales by licensed dealers away from the location shown on the dealer license if at a “gun show” within the same state; limited the number of inspections of dealers’ premises which could be conducted by the Bureau of Alcohol, Tobacco and Firearms (“ATF”) without a search warrant; prevented the federal government from maintaining a central database of firearms dealer records; and loosened the requirement for what constitutes “engaging in the business” of firearms sales for purposes of a federal license.

The FOPA also repealed several key public safety provisions originally enacted by the GCA, eliminating the requirements that dealers keep sales records of ammunition transfers (except armor-piercing ammunition transfers) and that sellers of ammunition be licensed, and lifting the ban on interstate transfers of ammunition to unlicensed purchasers. Additional details about the FOPA may be found in the sections below entitled Ammunition Regulation and Private / Secondary Sales.

The Brady Handgun Violence Prevention Act of 1993 ("Brady Act")
The Brady Act effected amendments to the GCA, originally imposing a five-day waiting period for law enforcement to review the background of a prospective handgun purchaser before a licensed dealer was entitled to complete the sale of a handgun to that person. The purpose of the check is to allow law enforcement to confirm that the prospective buyer is not a prohibited purchaser (see discussion of “prohibited purchaser” in connection with the FFA, above, and under Background Checks and Prohibited Purchasers, below) before the sale is consummated. The five-day waiting period has now been replaced with an instant check system, which can be extended to three days when the results of the check are not clear. Persons who have a federal firearms license or a state-issued permit to possess or acquire a firearm (such as a state-issued concealed carry permit that is valid for not more than five years) are not subject to the waiting period requirement. As more states enact “shall issue” concealed carry permit laws, this category of persons exempt from the Brady Act increases. In 1998, the Act became applicable to shotguns and rifles. The Brady Act is codified at 18 U.S.C. § 921 et seq. Additional details about the Brady Act may be found in the sections below entitled Background Checks and Prohibited Purchasers and Dealer Regulations.

The Protection of Lawful Commerce in Arms Act and Child Safety Lock Act of 2005 ("PLCAA" and "CSLA")
The PLCAA provided the gun industry with immunity from most tort liability. The PLCAA prohibited a "qualified civil liability action" from being brought in any state or federal court and required immediate dismissal of any such action upon the date the PLCAA was enacted (October 26, 2005). A "qualified civil liability action" is a civil or administrative action or proceeding brought against a manufacturer or seller of firearms or ammunition, or a trade association that has two or more members who are manufacturers or sellers of firearms or ammunition for relief, if the action resulted from the criminal or unlawful misuse of a qualified product by the person or a third party, with certain exceptions. "Unlawful misuse" is defined as conduct that violates a statute, ordinance or regulation. Actions excluded from the definition of "qualified civil liability action" include those:

• Against a transferor convicted of knowingly transferring a firearm with the knowledge that it will be used to commit a crime of violence (so long as the action is brought by the person harmed by the transfer);

• Against a transferor for negligence per se or negligent entrustment (the latter is defined in the Act to mean supplying a firearm or ammunition to a person the seller knows or reasonably should know is likely to, and does, use the firearm or ammunition in a manner involving unreasonable risk of physical injury);

• Against a manufacturer or seller who knowingly violated a state or federal law applicable to the sale or marketing of firearms or ammunition if the violation of law was the proximate cause of the harm for which relief is sought;

• For breach of contract or warranty in connection with the purchase of the firearm or ammunition;

• For death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or

• Commenced by the Attorney General to enforce certain federal firearms laws.

The PLCAA is codified at 15 U.S.C. §§ 7901 — 7903. Additional details about the PLCAA may be found in the section below entitled Immunity Statutes / Manufacturer Litigation.

The CSLA, adopted as part of the PLCAA, made it unlawful for any licensed importer, manufacturer or dealer to sell or transfer any handgun unless the transferee is provided with a secure gun storage or safety device (defined under 18 U.S.C. § 921(a)(34)). The CSLA also immunized any person who possesses or controls a handgun and who uses a secure gun storage or safety device with the handgun, from a "qualified civil liability action." The CSLA defines "qualified civil liability action" as a civil action for damages resulting from the criminal or unlawful misuse of a handgun by a third party if: 1) the handgun was accessed by another person who did not have the authorization of the lawful possessor; and 2) at the time the handgun was accessed it had been made inoperable by the use of a secure gun storage or safety device. The CSLA is codified at 18 U.S.C. § 922(z). Additional details about the CSLA may be found in the section below entitled Locking Devices.

National Instant Criminal Background Check System (“NICS”) Improvement Amendments Act of 2007 (“NICS Act”)
The NICS Act provided financial incentives for states to provide to NICS (the database used to perform a background check when a firearm is purchased from a federally licensed dealer) information relevant to whether a person is prohibited from possessing firearms, including the names and other relevant identifying information of persons adjudicated as a mental defective or those committed to mental institutions. Pub. L. No. 110-180, §§ 102, 104, 121 Stat. 2559 (2008). The NICS Act also changed the standard for persons deemed to be “adjudicated as a mental defective” or “committed to a mental institution” by a federal agency or department. The Act authorized the Attorney General to make grants to states for use in establishing and upgrading the states’ ability to report information, including mental health information, to NICS. In order to be eligible for the grants authorized by the NICS Act, a state must implement a “relief from disabilities” program that meets the Act’s requirements. For detailed information about the NICS Act’s provisions, see the section below entitled Mental Health Reporting.

Ammunition Regulation

Federal law governing ammunition is limited to prohibiting sales to and purchases by certain categories of persons, and prohibiting the manufacture, importation and sale of armor-piercing ammunition.

The federal Gun Control Act of 1968 imposed a series of regulations on ammunition manufacturers, dealers and purchasers. The Act required all ammunition manufacturers and dealers to be licensed and maintain ammunition sales logs, prohibited licensees from selling any ammunition to persons under age 18 and handgun ammunition to persons under age 21, and prohibited interstate sales to unlicensed purchasers (proscribing mail-order transactions). Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213.

However, in 1986, Congress passed the Firearms Owners’ Protection Act, which repealed most of these provisions, including the licensing of ammunition dealers, ammunition sales recordkeeping, and the ban on interstate transfers of ammunition to unlicensed purchasers. Firearms Owners’ Protection Act, Pub. L. No. 99-308, 100 Stat. 449 (1986). None has been reenacted by Congress.

In the mid-1990s, Congress, led by Senator Daniel Patrick Moynihan and then-Representative Charles Schumer, debated several proposals to regulate ammunition. The most far reaching of these bills would have reinstated the ban on mail-order sales of ammunition, brought ammunition under the Brady Act (requiring background checks at the time of transfer), limited the number of rounds a person could own, required ammunition dealer licensing with high licensing fees, placed strict sales restrictions on specific types of handgun ammunition disproportionately used in crime, and imposed high taxes on all ammunition. To date, none of these proposals has been adopted.

For more information about these ammunition proposals, See Brendan J. Healey, Plugging the Bullet Holes in U.S. Gun Law: An Ammunition-Based Proposal for Tightening Gun Control, 32 J. Marshall L. Rev. 1 (Fall 1998); Scott D. Dailard, The Role of Ammunition in a Balanced Program of Gun Control: A Critique of the Moynihan Bullet Bills, 20 J. Legis. 19 (1994).

Recordkeeping continues to be required for transfers of armor-piercing ammunition, however. See below under Armor-Piercing Ammunition for more information.

Prohibited Purchasers: Federal prohibited purchaser categories for firearms also apply to ammunition. Additional information on restrictions on firearm sales and purchases is contained in the section on Prohibited Purchasers. Ammunition may not be sold or otherwise transferred to any person who:

• Is underage;

• Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year;

• Is a fugitive from justice;

• Is an unlawful user of or addicted to a controlled substance;

• Has been adjudicated as a mental defective or committed to a mental institution;

• Is an illegal alien;

• Has been dishonorably discharged from the military;

• Has renounced his or her U.S. citizenship;

• Is subject to a court order restraining him or her from harassing, stalking or threatening an intimate partner, his or her child or a child of a partner; or

• Has been convicted of a misdemeanor offense of domestic violence.

18 U.S.C. § 922(b)(1), (d), (x)(1). Federal law does not require ammunition sellers to conduct background checks to determine if a prospective purchaser falls into a prohibited category, however.

Minimum Age to Purchase or Possess Ammunition: Federal minimum age laws governing firearms also apply to ammunition used for those firearms. Federally licensed firearms dealers (FFLs) are prohibited from selling or transferring a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Federal law provides no age limitations with respect to the sale of a long gun or long gun ammunition by an unlicensed person.

FFLs are prohibited from selling or transferring handguns or handgun ammunition to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id. Unlicensed persons may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (5).

Federal law prohibits, with certain exceptions, the possession of a handgun or handgun ammunition by any person under the age of 18. 18 U.S.C. § 922(x)(2), (5). Federal law provides no minimum age for the possession of long guns or long gun ammunition.

Federal law does not require ammunition sellers to conduct background checks or otherwise verify that a prospective purchaser is of legal age to purchase or possess ammunition.

Licensing of Ammunition Manufacturers or Importers: Federal law requires any person engaged in importing or manufacturing ammunition to obtain a license from the Attorney General. 18 U.S.C. § 923(a).

Armor-Piercing Ammunition: Federal law prohibits the manufacture, importation, sale or delivery of armor-piercing ammunition, with very limited exceptions. 18 U.S.C. §§ 921(a)(17), 922(a)(7), (8); 27 C.F.R. § 478.37. In particular, specific exceptions exist for armor-piercing ammunition that is manufactured for certain federal and state government divisions, exportation, or testing. 18 U.S.C. §§ 921(a)(17)(C), 922(a)(7), 922(a)(8); 27 C.F.R. § 478.37. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) may also exempt certain armor-piercing ammunition primarily intended for sporting or industrial purposes. 27 C.F.R. § 478.148.

Licensed dealers are prohibited from “willfully” transferring armor-piercing ammunition. An exception exists for ammunition that was received and maintained by the dealer as business inventory prior to August 28, 1986, which may be transferred to federal, state or local law enforcement. 27 C.F.R. § 478.99(e). Federally licensed dealers, to the extent they can transfer armor-piercing ammunition, must keep a record of any transfer. 18 U.S.C. § 922(b)(5).

Armor-piercing ammunition, sometimes referred to as metal-piercing ammunition, is ammunition that is designed primarily to penetrate metal or armor, including body armor commonly worn by police officers. Under federal law, armor-piercing ammunition is defined as any projectile or projectile core that may be used in a handgun and that is constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. 18 U.S.C. § 921(a)(17); 27 C.F.R. § 478.11. In addition, armor-piercing ammunition is defined as a full jacketed projectile “larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.” Id. The Attorney General is required to furnish information to each licensed dealer defining which projectiles are considered armor-piercing ammunition as defined in 18 U.S.C. § 921(a)(17)(B). 18 U.S.C. § 923(k).

The federal definition of armor-piercing ammunition, which is based on its content and weight, rather than on the ammunition’s actual performance against body armor, has been criticized because it fails to halt the manufacture and sale of all types of ammunition that can penetrate body armor. Violence Policy Center, Sitting Ducks: The Threat to the Chemical and Refinery Industry From 50 Caliber Sniper Rifles 20 (Aug. 2002). See also Violence Policy Center, Vest Buster: The .500 Smith & Wesson Magnum – The Gun Industry’s Latest Challenge to Law Enforcement Body Armor 25 (June 2004).

The existing ban on armor-piercing ammunition can be made more effective by adopting performance standards that require ammunition to be tested for its ability to penetrate bullet-resistant vests and body armor, as opposed to the existing standard based on the bullet’s content. Violence Policy Center, Sitting Ducks, supra, at 20; International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our Communities 27 (Sept. 2007).

Click here to view additional information about ammunition regulation, including background information and state and local laws on the topic.

Assault Weapons

On September 13, 1994, Congress adopted the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796 (1994). That Act amended the Gun Control Act of 1968, making it "unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon." 18 U.S.C. § 922(v)(1). (All references to sections of the Violent Crime Control and Law Enforcement Act of 1994, codified at 18 U.S.C. § 921 et seq., are to the sections as they appeared on September 12, 2004.)

The term "semiautomatic assault weapon" was defined to include 19 named firearms and copies of those firearms, as well as certain semi-automatic rifles, pistols and shotguns with at least two specified characteristics from a list of features. 18 U.S.C. § 921(a)(30). The two-feature test and the inclusion in the list of features that were purely cosmetic in nature created a loophole that allowed manufacturers to successfully circumvent the law by making minor modifications to the weapons they already produced.

The 1994 Act also banned the transfer and possession of any “large capacity ammunition feeding device,” defined to include magazines manufactured after the enactment of the Act that are capable of holding more than 10 rounds of ammunition. 18 U.S.C. §§ 921(a)(31), 922(w)(1). (Additional information about large capacity ammunition magazines is contained in the section entitled Large Capacity Ammunition Magazines.)

The 1994 Act did not, however, prohibit the continued transfer or possession of assault weapons or large capacity ammunition magazines manufactured before the law’s effective date. Manufacturers took advantage of this loophole by boosting production of assault weapons and large capacity magazines in the months leading up to the ban, creating a legal stockpile of these items. As a result, assault weapons and large capacity magazines continued to be readily available – and legal – nationwide, except where specifically banned by state or local law.

In addition, the assault weapon ban was enacted with a sunset clause, providing for its expiration after ten years. Despite overwhelming public support for its renewal, Congress and the President allowed the assault weapon ban to expire on September 13, 2004. Thus, semi-automatic, military style weapons that were formerly banned under the federal law are now legal unless banned by state or local law. The 2007 report by the International Association of Chiefs of Police recommended that Congress enact an effective ban on military-style assault weapons. See International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our Communities 26-7 (Sept. 2007).

Click here to view additional information about assault weapons, including background information and state and local laws on the topic.

Background Checks and Prohibited Purchasers

Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, prohibits the sale of firearms to any person who:

• Is underage;

• Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year;

• Is a fugitive from justice;

• Is an unlawful user of or addicted to a controlled substance;

• Has been “adjudicated as a mental defective” (defined by Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) regulations to include persons who have been determined to be a danger to themselves or to others, or who lack the mental capacity to contract or manage their own affairs, including persons found insane by a court in a criminal case, persons found incompetent to stand trial, and persons found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. §§ 850a, 876b (27 C.F.R. § 478.11);

• Has been “committed to a mental institution” (defined by ATF regulations to mean involuntary commitment (27 C.F.R. § 478.11));

• Is an illegal alien;

• Has been dishonorably discharged from the military;

• Has renounced his or her U.S. citizenship;

• Is subject to a court order restraining him or her from harassing, stalking or threatening an intimate partner, his or her child or a child of a partner or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, provided that the order: 1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; and 2) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury (18 U.S.C. § 922(d)(8)); or

• Has been convicted of a misdemeanor offense of domestic violence.

18 U.S.C. § 922(b)(1), (d), (x)(1). Federal law does not prohibit persons with convictions for misdemeanors other than domestic violence misdemeanors from purchasing firearms. Misdemeanor convictions have been found to be a risk factor for future criminal activity among handgun owners, however. Garen J. Wintemute et al., Prior Misdemeanor Convictions as a Risk Factor for Later Violent and Firearm-Related Criminal Activity Among Authorized Purchasers of Handguns, 280 JAMA 2083 (1998).

Additional information on the federal minimum age to purchase and/or possess firearms is contained in the section on Minimum Age to Purchase and Possess Firearms. Additional information about the federal prohibition on persons subject to domestic violence restraining orders is contained in the section on Domestic Violence and Firearms, as is information about the federal prohibition on persons with domestic violence misdemeanor convictions.

In 2008 President Bush signed into law the NICS Improvement Amendments Act of 2007, Pub. L. No. 110-180, § 105, 121 Stat. 2559 (2008), which, inter alia, changes the standard for persons deemed to be “adjudicated as a mental defective” or “committed to a mental institution” by a federal agency or department. The Act also deems an adjudication as a mental defective or commitment to a mental institution “not to have occurred” if a state grants an application for relief pursuant to a state created relief from disabilities program. For more information on these changes and other provisions relating to persons prohibited from purchasing or possessing firearms as a result of mental illness, see the section on Mental Health Reporting.

The Brady Handgun Violence Prevention Act of 1993 ("Brady Act") requires federally licensed firearms dealers (FFLs) to perform background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal, state or local law. 18 U.S.C. § 922(s). As originally adopted, the Brady Act included interim as well as permanent provisions. The Act’s interim provisions, implemented on February 28, 1994, applied to handgun sales only. On November 30, 1998, the permanent provisions of the Brady Act went into effect, establishing the National Instant Criminal Background Check System (“NICS”) (see below), and extending the Act’s application to purchasers of long guns and persons who redeem a pawned firearm.

Since 1998, the Brady Act has been implemented through the NICS. NICS is used to check the backgrounds of prospective purchasers of both handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t). The Brady Act does not apply to unlicensed firearm sellers.

States have the option of serving as a state Point of Contact (“POC”) and conducting their own NICS checks, or having those checks performed by the Federal Bureau of Investigation (“FBI”). Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Transfers, 2005 3-4 (Nov. 2006). FBI checks are provided at no charge; state law determines the cost of background checks performed by POCs. Id. at 3.

FFLs initiate a NICS check by contacting the FBI or state POC (typically by telephone or computer) after the prospective purchaser has provided a government-issued photo I.D. and completed a federal Firearms Transaction Record (also known as Form 4473). 27 C.F.R. § 478.124. The prospective purchaser completes a portion of Form 4473 by providing identifying information, including name, gender, home address, date and place of birth, etc., and signing and dating the form. The FFL is required to verify the identity of the prospective purchaser. Id.

The FBI or POC must then conduct a name-based search of federal and state databases. FBI searches include three federal databases:

• The National Crime Information Center (NCIC), which includes records regarding wanted persons (fugitives) and persons subject to protective/restraining orders;

• The Interstate Identification Index, which contains state criminal history records; and

• The NICS Index, which contains records of other persons prohibited under federal law from receiving or possessing firearms.

Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.S. Department of Justice, National Instant Criminal Background Check System (NICS) Operations 2005 2 (Jan. 2006).

A state POC search includes the three federal databases, and may include the state’s independent criminal history database and mental health records. Survey of State Procedures Related to Firearm Transfers, 2005, supra, at 3-4.

Once the initial search is complete, the FBI or POC notifies the FFL that the sale: 1) may proceed; 2) may not proceed; or 3) is delayed pending further investigation. If the transaction may proceed, NICS provides the dealer with a unique identification number which the FFL must record on Form 4473. 27 C.F.R. § 478.102(a). After recording the unique identification number provided by NICS, the dealer records certain information about the firearm to be transferred, including the manufacturer, type, model, caliber or gauge and serial number. 27 C.F.R. § 478.124(c)(4). The dealer is required to retain Form 4473, regardless of whether the transaction is approved or denied or whether the firearm is actually transferred. 27 C.F.R. § 478.102.

The NICS check is valid for a single transaction for up to 30 calendar days from the date NICS was initially contacted. 27 C.F.R. § 478.102(c). The 30-day period covers only a single transaction as reflected on Form 4473. The transaction may, however, involve the transfer of multiple firearms.

If the FFL has not been notified within three business days that the sale would violate federal or state laws, the sale may proceed by default. 18 U.S.C. § 922(t)(1).

A person holding a state-issued permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) is not required to undergo a background check if the permit was issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d). Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check. 27 C.F.R. § 478.102(d). This exemption could allow some prohibited persons to acquire firearms, in cases where a state permit holder falls into a prohibited category after issuance of the state permit. Under the federal exemption, no background check is required and the seller would have no way to learn that the prospective purchaser is prohibited from possessing firearms.

Although the Brady Act provides an essential mechanism for keeping guns away from convicted felons and other prohibited purchasers, the ATF, FBI and other federal agencies have made several recommendations to strengthen the law, including:

Closing the private sale loophole – The Brady Act applies only to sales by FFLs. Accordingly, persons who purchase firearms from private sellers – estimated to be 40 percent of all gun purchasers – are not required to undergo background checks. See Educational Fund to Stop Gun Violence, Closing Illegal Gun Markets: Extending Criminal Background Checks to All Gun Sales (May 2002). Additional information about private transfers is contained in the section on Private Sales.

Extending the three-day limit for background checks – Under the Brady Act, if the FFL has not been notified within three business days that the sale would violate federal or state laws, the sale may proceed by default. 18 U.S.C. § 922(t)(1). See also Survey of State Procedures Related to Firearm Transfers, 2005, supra, at 3-4.

Know as “default proceed,” this loophole in federal law allowed 3,849 prohibited purchasers to buy guns during the first year of operation (November 30, 1998 through November 30, 1999) of NICS. Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.S. Department of Justice, National Instant Criminal Background Check System (NICS) Operations Report (November 30, 1998 through November 30, 1999) 11 (March 2000). In fact, the FBI has found that a purchaser whose NICS check takes longer than 24 hours to complete is 20 times more likely to be a prohibited purchaser than other applicants. Id. at 6.

Moreover, between November 1998 and December 31, 2005, ATF received 26,600 referrals from the FBI requesting further review, evaluation and possible retrieval of firearms that had been sold to ineligible persons by default. NICS Operations 2005, supra, at 12. As a result, the FBI has recommended extending the maximum time allowed for conducting background checks to allow more research time to complete background checks and to reduce the number of prohibited purchasers who are able to purchase firearms by default. U.S. General Accounting Office, Gun Control: Implementation of the National Instant Criminal Background Check System 13 (Feb. 2000). FBI investigations of prohibited purchasers who were allowed to buy firearms by default typically take 25 days to complete. Id.

Improving access to state records – At the end of 2003, only three out of four criminal history records were accessible through NICS. Bureau of Justice Statistics, U.S. Department of Justice, National Criminal History Improvement Program: Improving Criminal History Records for Background Checks, 2005 3 (July 2006). The percentage of criminal records that are accessible for NICS checks varies by state. See U.S. General Accounting Office, Gun Control: Options for Improving the National Instant Criminal Background Check System 12-14 (Apr. 2000).

According to the FBI, state background checks are more thorough than those performed by the FBI because states can access their independent criminal history database in addition to the databases maintained by NICS. State databases typically include information that is unavailable to the FBI, including outstanding felony warrants, mental health records, domestic violence restraining orders and final disposition records (those showing whether an arrest resulted in an acquittal or a conviction). Accordingly, the FBI is encouraging states to provide more complete records to the NICS system. Gun Control: Implementation of the National Instant Criminal Background Check System, supra, at 13.

Increasing access to mental health records – Although federal law prohibits the purchase of a firearm by any person who has been adjudicated as a mental defective or involuntarily committed to a mental institution, many states do not collect information about persons who fit these criteria or provide law enforcement access to this information. There are many Americans who have been involuntarily committed to mental institutions and are barred by federal law from possessing firearms, but, as of November 30, 1999, the FBI had received from all states a total of only 41 records of mentally ill persons. Gun Control: Options for Improving the National Instant Criminal Background Check System, supra, at 8.

Although the number of mental health records provided to NICS has increased – in 2007 there were approximately 400,000 – mental illness remains significantly underreported. Michael B. Mukasey, Prepared Remarks of Attorney General Michael B. Mukasey at the National Association of Attorneys General Winter Meeting, Park City, Utah (Nov. 29, 2007). As a result of the FBI’s lack of information about mentally ill persons, a FBI background check is unlikely to find that a person is ineligible to possess a firearm due to mental illness. Because of these reporting deficiencies, mentally ill persons in this country are easily able to buy guns in violation of federal law.

For more information on access to records of persons with mental illness for firearm purchaser background checks, see the section on Mental Health Reporting.

NICS Improvement Amendments Act of 2007: In January 2008, President Bush signed into law the NICS Improvement Amendments Act of 2007, Pub. L. No. 110-180, § 105, 121 Stat. 2559 (2008) which, among other things, provides financial incentives for states to submit to NICS information relevant to whether a person is prohibited from purchasing or possessing a firearm. Under the Act, states are eligible to receive a waiver of the 10% matching requirement for National Criminal History Improvement Grants (see generally 42 U.S.C. § 14601) if they provide at least 90% of relevant records concerning persons who are prohibited from purchasing or possessing a firearm within specified deadlines. Id., § 102.

The Act also authorizes the Attorney General to make grants to the states for use in establishing and upgrading the states’ ability to report information to NICS and to perform background checks pursuant to the Brady Act. Id., § 103(a), (b). In order to be eligible for these grants, a state must implement a “relief from disabilities” program meeting the Act’s requirements, and allowing a person who has been adjudicated as a mental defective or committed to a mental institution to apply to the state for relief from the federal prohibition on purchasing or possessing firearms and ammunition. Id., § 105(a)(1). For more information on the Act’s application to records of persons with mental illness, see LCAV’s policy summary on Mental Health Reporting.

Click here to view additional information about background checks, including background information and state and local laws on the topic.

Ballistic Fingerprinting

Federal law does not require ballistic identification.

Click here to view additional information about ballistic fingerprinting, including background information and state and local laws on the topic.

Carrying Firearms

Possession/Carrying Restrictions

Transporting Guns Generally – Notwithstanding federal, state or local law, any person who is not otherwise prohibited by 18 U.S.C. § 921 et seq. from transporting, shipping, or receiving a firearm may transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry a firearm to any other place where he or she may lawfully possess and carry a gun if, during the transportation, the firearm is unloaded and neither the firearm nor any ammunition is readily accessible from the passenger compartment of such vehicle. 18 U.S.C. § 926A. If a vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition must be contained in a locked container other than the glove compartment or console. Id.

Possession in Federal Facilities and Courts – Federal law generally prohibits the knowing possession of, or causing to be present, a firearm in a Federal facility (defined as a building or part of a building owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties) other than a Federal court facility. 18 U.S.C. § 930(a), (g)(1).

Federal law also prohibits:

• The knowing possession of, or causing to be present, a firearm in a Federal facility with intent that a firearm or other dangerous weapon be used in the commission of a crime (18 U.S.C. § 930(b);

• The killing of any person in the course of a violation of the firearm possession prohibitions under 18 U.S.C. § 930(a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon (18 U.S.C. § 930(c)); and

• The knowing possession or causing to be present a firearm in a Federal court facility (defined as courtrooms, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States) (18 U.S.C. § 930(e)(1), (g)(3)).

Nothing in 18 U.S.C. § 930 limits the power of a court to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. 18 U.S.C § 930(f).

Possession in National Parks – Unless otherwise specifically permitted in a national park or park system, the federal government generally prohibits the possession, carrying, or use of a firearm in national parks or on national park property. 36 C.F.R. § 2.4(a)(1). The possession or carrying of a loaded firearm in a motor vehicle, vessel or other mode of transportation also is prohibited unless the vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law. 36 C.F.R. § 2.4(b).

Firearms may be carried, possessed or used in certain areas, at certain times, where hunting, fishing and target practice are authorized. 36 C.F.R. § 2.4(a)(2).

Possession of a firearm is also lawful within a residential dwelling located on such property (36 C.F.R. § 2.4(a)(2)(iii)), and an unloaded gun may be possessed within temporary lodging or a mechanical mode of conveyance on park property if the firearm is rendered temporarily inoperable or is packed, cased or stored in a manner that will prevent its ready use (36 C.F.R. § 2.4(a)(3)).

Carrying Concealed Weapons

Federal law does not prohibit or require the carrying of concealed weapons by private citizens, nor provide rules for concealed weapons permits or licenses by private citizens. The adoption of such rules is largely left to the states.

Regarding the purchase of firearms, federal law does not require that a person holding a state-issue permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) undergo a background check if the permit was issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d). Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check. 27 C.F.R. § 478.102(d). This exemption could allow some prohibited persons to acquire firearms, in cases where a state permit holder falls into a prohibited category after issuance of the permit. Under the federal exemption, no background check is required and the seller would have no way to learn that the prospective purchaser is prohibited from possessing firearms.

Concealed Weapons Permits for Law Enforcement

Federal law provides that certain law enforcement officers may carry concealed firearms. Any “qualified law enforcement officer” with proper agency-issued identification may carry a concealed firearm. 18 U.S.C. § 926B. The term “qualified law enforcement officer” is defined as any employee of a governmental agency who:

• Is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

• Is authorized by the agency to carry a firearm;

• Is not the subject of any disciplinary action by the agency;

• Meets the standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

• Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

• Is not prohibited by federal law from receiving a firearm.

18 U.S.C. § 926B(c).

Under federal law, any “qualified retired law enforcement officer” with proper identification also may carry a concealed firearm. 18 U.S.C. § 926C. The term “qualified retired law enforcement officer” is defined as an individual who:

• Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

• Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

• Either:

  • Before retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

  • Retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

• Has a nonforfeitable right to benefits under the retirement plan of the agency;

• During the most recent 12-month period, has met, at the expense of the individual, the state’s standards for training and qualification for active law enforcement officers to carry firearms;

• Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

• Is not prohibited by federal law from receiving a firearm.

18 U.S.C. § 926C(c).

These federal statutes supersede state and local laws regarding CCWs for law enforcement except in certain circumstances. States are not precluded from allowing private persons or entities to prohibit or restrict the possession of concealed firearms on their property by current or retired law enforcement. States also are not precluded from prohibiting or restricting the possession of firearms by current or retired law enforcement on any state or local government property, installations, buildings, bases or parks.

Click here to view additional information about carrying concealed weapons, including background information and state and local laws on the topic.

Child Access Prevention

There are no child access prevention laws at the federal level. Federal law does prohibit federally licensed firearms dealers from transferring handguns to persons under 21 and long guns to persons under 18. Unlicensed sellers may not transfer handguns to persons under age 18. 18 U.S.C. § 922(b)(1), (x)(1) and (2). Federal and state laws imposing a minimum age for purchase and possession of firearms are discussed in the section on Minimum Age to Purchase and Possess Firearms. Federal law also requires licensed firearms dealers to provide a secure gun storage or safety device with every handgun purchased or sold, but does not require use of the device. 18 U.S.C § 922(z).

Click here to view additional information about child access prevention, including background information and state and local laws on the topic.

Dealer Regulations

Licensing Requirements – Federal law prohibits any person from engaging in the business of dealing in firearms without a federal firearms license. 18 U.S.C. § 922(a)(1)(A). As applied to a firearms dealer, the term “engaged in the business” is defined as:

[A] person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

18 U.S.C. § 921(a)(21)(C).

The Gun Control Act of 1968 established the federal licensing system for firearms dealers. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), however, that system was “overly simple” from 1968 until 1993. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 11 (Feb. 2000). During that time, any person who was over 21, paid a $10 annual fee, had premises from which to operate, and was not prohibited from possessing firearms was issued a license. Id. As a result, the number of FFLs soared, reaching a peak of more than 284,000 in 1992. Id. In 1993, ATF estimated that 46% of all FFLs conducted no business at all, but used their licenses to buy and sell firearms in violation of state and local zoning or tax laws. Id. at 13.

In 1993 and 1994, Congress adopted laws to strengthen the licensing system. The Brady Handgun Violence Prevention Act of 1993 (“Brady Act”) increased the license fee to $200 for the first three years and $90 for each additional three-year period. 18 U.S.C. § 923(a)(3)(B). That law also required applicants to certify that they had informed local law enforcement of their intent to apply for a license. 18 U.S.C. § 923(d)(1)(F)(iii). The Violent Crime Control and Law Enforcement Act of 1994 required an applicant to submit photographs and fingerprints and certify that their business was not prohibited by state or local laws, and ensure that the applicant would, within 30 days, comply with such laws. 27 C.F.R. § 478.44(a)(1)(ii); 18 U.S.C. § 923(d)(1)(F)(i), (ii).

The FFL population decreased substantially as a result of these reforms. By 1997, after the first three-year cycle of relicensing under the new laws had been complete, the number of FFLs had dropped by 49% nationwide, to 107,554. Commerce in Firearms in the United States, supra, at 14. As of December 1, 1999, that total had fallen to 103,845, the lowest number since 1969. Id. at 15. The total number of FFLs has remained significantly below pre-reform levels. As of 2007, there were 108,842 FFLs nationwide. (Federal firearms licensee totals as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.)

The number of “Type 1” FFLs (dealers licensed to sell firearms, as opposed to those licensed to manufacture firearms or sell ammunition or curios) saw an even more dramatic decline since the reforms of the early 1990s. The number of Type 1 FFLs dropped 79 percent between 1994 and 2007 (from 245,628 to 50,630). Violence Policy Center, An Analysis of the Decline in Gun Dealers: 1994 to 2007 3 (Aug. 2007) (this report is based on data compiled as of February 13, 2007).

According to ATF, the reduction in the number of FFLs has been beneficial because it has enabled ATF to inspect a higher proportion of licensees. Commerce in Firearms in the United States, supra, at 17. ATF’s inspection of FFLs remains inadequate, however. The U.S. Department of Justice Office of the Inspector General issued a report in July 2004 assessing the effectiveness of ATF’s program for inspecting FFLs. That report stated:

We found that the ATF’s inspection program is not fully effective for ensuring that FFLs comply with federal firearms laws because inspections are infrequent and of inconsistent quality, and follow-up inspections and adverse actions have been sporadic. Specifically, the ATF does not conduct in-person inspections on all applicants before licensing them to sell guns, and ATF compliance inspections of active dealers, including large-scale retailers, are infrequent and vary in quality. Even when numerous or serious violations were found, the ATF did not uniformly take adverse actions, refer FFLs for investigation, or conduct timely follow-up inspections.

Office of the Inspector General, Evaluation and Inspections Division, U.S. Department of Justice, Inspection of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives i (July 2004).

Another study found that between 1975 and 2005, ATF revoked, on average, fewer than 20 federal firearms licenses per year. Brady Center to Prevent Gun Violence, Shady Dealings, Illegal Gun Trafficking From Licensed Gun Dealers 23 (Jan. 2007). The report noted that in 2006, ATF increased its total revocations to 131. Id. at 23. Furthermore, ATF prosecuted only 88 corrupt gun dealers between 2000 and 2002. Americans for Gun Safety Foundation, The Enforcement Gap: Federal Gun Laws Ignored 4 (May 2003). ATF faces numerous obstacles that limit its ability to enforce the law. For example, ATF may conduct only one unannounced inspection of each FFL per year, the burden of proof for prosecution and revocation are extremely high, serious violations of firearms law have been classified as misdemeanors rather than felonies, and ATF has historically been grossly understaffed. Shady Dealings, Illegal Gun Trafficking From Licensed Gun Dealers, supra, at 24-25.

The ability to conduct effective inspections and enforce laws against corrupt FFLs is crucial. According to ATF, one percent of FFLs are responsible for selling almost sixty percent of the guns that are found at crime scenes and traced to dealers. Commerce in Firearms in the United States, supra, at 2. Therefore, identifying and stopping even one corrupt dealer could lead to a significant reduction in the number of crime guns.

For information about the Protection of Lawful Commerce in Arms Act (PLCAA), which immunizes licensed firearms dealers from certain civil lawsuits, please see the Immunity Statutes / Manufacturer Litigation section.

FFL Duties and Prohibitions: Once licensed, federal law requires dealers to:

• Initiate background checks on unlicensed firearm purchasers (18 U.S.C. § 922(s));

• Maintain records of the acquisition and sale of firearms (18 U.S.C. § 923(g)(1)(A));

• Report multiple sales of handguns (i.e., the sale of two or more pistols or revolvers to an unlicensed person within any five consecutive business day period) (18 U.S.C. § 923(g)(3)(A));

• Report the theft or loss of a firearm to the Attorney General and to the “appropriate local authorities” within 48 hours after the theft or loss is discovered (18 U.S.C. § 923(g)(6)); and

• Provide a secure gun storage or safety device with every handgun purchased or sold (18 U.S.C § 922(z).)

Detailed information about the background check process is contained in the section on Background Checks and Prohibited Purchasers. Detailed information about recordkeeping requirements is contained in the section on Retention of Sales / Background Check Records. Detailed information about the locking devices requirement is contained in the section on Locking Devices.

FFLs must also submit to a maximum of one ATF inspection per year to ensure compliance with federal recordkeeping requirements. 18 U.S.C. § 923(g)(1)(B). More frequent inspections are permitted if a federal magistrate has issued a search warrant or if the search is incidental to a criminal investigation. 18 U.S.C. § 923(g)(1)(A), (B). In addition, FFLs must respond to requests for information from ATF regarding the disposition of a firearm if such request is made during the course of a bona fide criminal investigation. 18 U.S.C. § 923(g)(7).

A FFL may not sell or deliver: 1) a handgun to a resident of another state; 2) a shotgun or rifle or ammunition for that firearm to a person the dealer knows or has reasonable cause to believe is under the age of 18; or (3) a handgun or handgun ammunition to a person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (3).

FFLs may temporarily conduct business at a location other than that specified on the FFL’s license if the temporary location is a gun show in the state specified on the license. 18 U.S.C. § 923(j).

ATF has found that FFLs who violate federal laws are a major source of trafficked firearms. In June of 2000, ATF issued a comprehensive report of firearms trafficking in this country. That report analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, involving more than 84,000 diverted firearms. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers ix (June 2000). ATF found that FFLs were associated with the largest number of trafficked guns – over 40,000 – and concluded that “FFLs’ access to large numbers of firearms makes them a particular threat to public safety when they fail to comply with the law.” Id. at x. Random inspections by ATF have uncovered that a large percentage of FFLs do violate federal law and that this percentage is growing. Brady Center to Prevent Gun Violence, “‘Trivial Violations’? The Myth of Overzealous Federal Enforcement Actions Against Licensed Gun Dealers” 1 (Sept. 2006).

Finally, according to a 1998 ATF random sample of FFLs nationwide, 56% of all dealers operated out of their homes. Commerce in Firearms in the United States, supra, at 16. Of the remaining 44%, 25% operated out of commercial premises that were gun shops or sporting goods or hardware stores. Id. The rest of the dealers were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores. Id.

Click here to view additional information about dealer regulations, including background information and state and local laws on the topic.

Domestic Violence and Firearms

Federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted in any court of a “misdemeanor crime of domestic violence” and/or who are subject to certain domestic violence protective orders. 18 U.S.C. § 922(g)(8), (9).

Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element. 18 U.S.C. § 921(a)(33). In addition, the offender must:

• Be a current or former spouse, parent, or guardian of the victim;

• Share a child in common with the victim;

• Be a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Be similarly situated to a spouse, parent or guardian of the victim.

Id. Note also that a conviction requires that the offender was represented by counsel or waived the right to counsel and was tried by a jury or waived the right to a jury, if the offense entitled the offender to a jury trial.

The federal law prohibiting subjects of protective orders from purchasing or possessing firearms and ammunition applies only if the protective order was issued after notice to the abuser and a hearing, and only if the order protects an “intimate partner” of the abuser or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). An “intimate partner” includes a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabitated. 18 U.S.C. § 921(a)(32). The order must also contain a finding that the person presents a credible threat to the victim and must restrain him or her from certain specified conduct. 18 U.S.C. § 922(g)(8). Most state laws require these elements for the issuance of a protective order.

These federal prohibitions have significant limitations. First, domestic violence affects persons in relationships that fall outside the protections of federal law. For example, dating partners are not within the federal prohibitions unless the partners are/were cohabitating as spouses and/or have a child in common. The risk of domestic violence being committed by a dating partner is well-documented. Between 1990 and 2005, individuals killed by current dating partners made up almost half of all spouse and current dating partner homicides. Bureau of Justice Statistics, U.S. Dep’t of Justice, Homicide Trends in the U.S.: Intimate Homicide (July 2007). In a recent study of applicants for domestic violence restraining orders in Los Angeles, the most common relationship between the victim and abuser was a dating relationship, and applications for protective orders were more likely to mention firearms when the parties had not lived together and were not married. Katherine A. Vittes et al., Are Temporary Restraining Orders More Likely to be Issued When Applications Mention Firearms?, 30 Evaluation Rev. 266, 271, 275 (2006). Many states have addressed this gap in federal law by enacting laws that expand the relationships subject to firearm purchaser prohibitions for domestic abusers.

Effective enforcement of the federal prohibitions on firearm possession by domestic abusers depends largely on state and local law enforcement. Background checks at the point of transfer can prevent the purchase of firearms by domestic abusers, but cannot facilitate the removal of firearms that are already in possession of an abuser. State laws requiring removal of firearms directly from abusers can help ensure that abusers will not have continued access to firearms to threaten or harm their victims.

In addition, background checks conducted by federally licensed firearms dealers at the time of transfer of a firearm rely on state and local authorities collecting and submitting to state and federal databases complete records on misdemeanor convictions and protective orders. For a discussion of the lack of participation by some states in entering domestic violence protective order information into the National Crime Information Center database see, e.g., Julissa Jose, Disarming Domestic Violence Abusers 3 (Sept. 2003).

Click here to view additional information about domestic violence and firearms, including background information and state and local laws on the topic.

Fifty Caliber Rifles

Federal law does not ban the ownership, possession, transfer, transportation or use of 50 caliber rifles. These rifles combine long range, accuracy and massive power for military purposes, but are now on the civilian market. Fifty caliber rifles are classified as long guns, and can be purchased legally from a federally licensed dealer by an 18 year-old. 18 U.S.C. § 922(b)(1), (c)(1). By contrast, federally licensed dealers can only sell or transfer handguns to persons age 21 or older. 18 U.S.C. § 922(x)(1), (3), (5).

Legislation was introduced in the U.S. Senate in 1999, 2001, 2003 and 2005 to bring 50 caliber rifles under the National Firearms Act, thereby imposing registration requirements and other regulations on their importation, manufacture and transfer. Similar legislation was introduced in the House of Representatives in 1999, 2001, 2004 and 2005. Some of the bills introduced in the House also would have banned the transfer and possession of 50 caliber rifles. To date, there has been no movement on these bills.

A 2007 report by the International Association of Chiefs of Police (IACP) recommended that Congress enact an effective ban on 50 caliber sniper rifles. International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our Communities 27 (Sept. 2007).

Click here to view additional information about fifty caliber rifles, including background information and state and local laws on the topic.

Gun Shows

Federal law defines “gun show” as a “function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community.” 27 C.F.R. § 478.100(b). A federally licensed firearms dealer (FFL) may conduct business at a gun show or event located in the same state specified on the license. 27 C.F.R. § 478.100(a)(1). FFLs must conduct background checks on prospective purchasers and maintain sales records of transactions at gun shows. 27 C.F.R. § 478.100(c).

Persons who are not federally licensed firearms dealers are also permitted to transfer firearms at gun shows, however. Because unlicensed, private sellers are exempt from the federal background check requirement, this creates a loophole (the “private sale” loophole) that enables certain categories of persons prohibited from purchasing or possessing firearms – such as felons, domestic violence perpetrators and mentally ill individuals – to obtain them. Likewise, private sellers at gun shows (and elsewhere) are not required to maintain records of sales. Additional information on the “private sale” loophole is contained in the section on Private Sales.

Gun shows are a popular venue for private sales. A 1999 ATF study found that 25% to 50% of gun show vendors are unlicensed. U.S. Department of Justice & Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Gun Shows: Brady Checks and Crime Gun Traces 4 (Jan. 1999). Another ATF study reviewed over 1,500 ATF investigations and concluded that gun shows are a “major trafficking channel,” associated with approximately 26,000 firearms diverted from legal to illegal commerce. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers xi, 1, 12 (June 2000). According to the study, gun shows rank second to corrupt dealers as a source for illegally trafficked firearms. Id. at 12.

ATF does not have a formal gun show enforcement program, and conducts investigations of gun shows only when it has law enforcement intelligence that illegal firearms activity is likely to occur. Office of the Inspector General, U.S. Department of Justice, The Bureau of Alcohol, Tobacco, Firearms and Explosives’ Investigative Operations at Gun Shows iii (June 2007). From 2004 – 2006, ATF conducted 202 investigative operations at 195 guns shows, or roughly 3% of the gun shows held nationwide during this period. These operations resulted in 121 arrests and the seizure of 5,345 firearms. Id, at iv-v. Offenses included convicted felons buying guns, straw purchases, unlicensed individuals selling firearms as a business, FFLs failing to document transfers or conduct background checks on purchasers, and persons possessing prohibited firearms, including machine guns and sawed-off shotguns. Id. at v.

Click here to view additional information about gun shows, including background information and state and local laws on the topic.

Immunity Statutes / Manufacturer Litigation

In 2005, Congress passed and the President signed into law the Protection of Lawful Commerce in Arms Act (PLCAA). The PLCAA prohibited a "qualified civil liability action" from being brought in any state or federal court and required immediate dismissal of any such action upon the date the PLCAA was enacted (October 26, 2005). 15 U.S.C. § 7902. A "qualified civil liability action" is a civil or administrative action or proceeding brought against a manufacturer or seller of a qualified product, or a trade association that has two or more members who are manufacturers or sellers of qualified products, for relief, if the action results from the criminal or unlawful misuse of a qualified product by the person or a third party, with certain exceptions. 15 U.S.C. § 7903. A firearm, including an antique firearm, ammunition, or a component of a firearm or ammunition may each be a qualified product, as long as it has been shipped or transported in interstate or foreign commerce. Id. "Unlawful misuse" is defined as conduct that violates a statute, ordinance or regulation. Id. Actions excluded from the definition of "qualified civil liability action" include those:

• Against a transferor convicted of knowingly transferring a firearm with the knowledge that it will be used to commit a crime of violence (so long as the action is brought by the person harmed by the transfer);

• Against a transferor for negligence per se or negligent entrustment (the latter is defined in the Act to mean supplying a firearm or ammunition to a person the seller knows or reasonably should know is likely to, and does, use the firearm or ammunition in a manner involving unreasonable risk of physical injury);

• Against a manufacturer or seller who knowingly violated a state or federal law applicable to the sale or marketing of firearms or ammunition if the violation of law was the proximate cause of the harm for which relief is sought;

• For breach of contract or warranty in connection with the purchase of the firearm or ammunition;

• For death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or

• Commenced by the Attorney General to enforce certain federal firearms laws.

15 U.S.C. § 7903(5)(A).

The scope of the PLCAA and its exceptions is being tested in the courts in several pending cases. In District of Columbia v. Beretta U.S.A. Corp., 2008 D.C. App. LEXIS 4 (D.C. Cir. 2008), the court affirmed a judgment on the pleadings in favor of defendants (various manufacturers, importers and distributors of firearms), concluding that the District’s claims under the Assault Weapon Manufacturing Strict Liability Act were barred by the PLCAA. See also Ileto v. Glock, Inc., 421 F. Supp.2d 1274 (C.D. Cal. 2006) (granting defendants’ motion for judgment on the pleadings under PLCAA). By contrast, in 2007 the Court of Appeals of Indiana upheld the denial of a motion to dismiss a suit against the gun industry brought by the City of Gary, Indiana. The court found that the PLCAA did not apply to the City’s case. Smith & Wesson Corp. v. City of Gary, 875 N.E.2d 422 (Ind. Ct. App. 2007). Similarly, in 2005 a federal district court denied a motion to dismiss a suit brought by the City of New York against gun manufacturers and distributors alleging a public nuisance, finding that the case was not precluded by the PLCAA. City of New York v. Beretta U.S.A. Corp., 401 F. Supp.2d 244, 298 (E.D.N.Y. 2005), appeal pending.

In addition, the PLCAA makes it unlawful for any licensed importer, manufacturer or dealer to sell or transfer any handgun unless the transferee is provided with a secure gun storage or safety device. 18 U.S.C. § 922(z). The Act also immunizes any person who is in lawful possession and control of a handgun and who uses a secure gun storage or safety device with the handgun, from a civil action for damages resulting from the criminal or unlawful misuse of a handgun by an unauthorized third party, if at the time the handgun had been made inoperable by the use of a secure gun storage or safety device. 18 U.S.C. § 922(z)(3). For more information about the provisions of the PLCAA dealing with locking devices, please see the Locking Devices section.

Junk Guns / Saturday Night Specials

The federal Consumer Product Safety Act, which imposes health and safety standards on consumer products, exempts firearms and ammunition from its requirements. 15 U.S.C. § 2052(a)(1)(ii)(E), referencing 26 U.S.C. § 4181. Federal law does prohibit the importation of junk guns through a ban on importation of firearms not suited for “sporting purposes.” 18 U.S.C. § 925(d)(3). The Attorney General determines the criteria used to evaluate whether a particular handgun is one suitable for “sporting purposes.” Under these guidelines, a pistol must have a positive manually operated safety device, a revolver must pass a safety test, and all firearms must have a certain number of safety features to be approved for importation, among other criteria. Bureau of Alcohol, Tobacco, & Firearms, U.S. Department of the Treasury, ATF Form 4590. However, because the federal government has not regulated the safety of domestically-produced firearms, there is effectively a protected market for domestic models of junk guns.

A 2007 report by the International Association of Chiefs of Police (IACP) recommends that Congress enact legislation to allow federal health and safety oversight of the firearms industry. International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our Communities 26 (Sept. 2007).

Click here to view additional information about regulating junk guns, including background information and state and local laws on the topic.

Large Capacity Ammunition Magazines

On September 13, 1994, Congress adopted the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796 (1994). That Act amended the Gun Control Act of 1968, making it unlawful to transfer or possess a “large capacity ammunition feeding device” not lawfully possessed on or before the law’s enactment. 18 U.S.C. § 922(w)(1), (2). (All references to sections of the Violent Crime Control and Law Enforcement Act of 1994, codified at 18 U.S.C. § 921 et seq., are to the sections as they appeared on September 12, 2004.) The law also banned the manufacture, transfer and possession of semi-automatic assault weapons. (Additional information is contained in the section on Assault Weapons.)

The 1994 Act defined “large capacity ammunition feeding device” as “a magazine, belt, drum, feed strip, or similar device . . . that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition.” 18 U.S.C. § 921(a)(31)(A). However, “attached tubular device[s] designed to accept, and capable of operating only with, .22 caliber rimfire ammunition” were exempted from the definition. 18 U.S.C. § 921(a)(31)(B).

The ban contained a loophole, however, allowing for the continued transfer and possession of large capacity ammunition magazines manufactured or possessed on or before enactment of the law. Manufacturers took advantage of this loophole in the months leading up to the ban by boosting production of the magazines. As a result, they continued to be readily available – and legal – nationwide, except where specifically banned by state or local law. This loophole also made enforcement difficult, as most magazines do not have any identifying marks to distinguish those that were manufactured before or after the effective date of the ban. Importation of Ammunition Feeding Devices with a Capacity of More Than 10 Rounds, 61 Fed. Reg. 39,320 (July 29, 1996) (amending 27 C.F.R. § 178.119).

The federal law was enacted with a sunset clause, providing for its expiration after ten years. Congress and the President allowed the 10 year-old ban to expire on September 13, 2004, despite overwhelming support for its renewal. Thus, large capacity ammunition magazines (and semi-automatic, military style assault weapons) that were formerly banned under the federal law are now legal unless banned by state or local law.

Click here to view additional information about large capacity ammunition magazines, including background information and state and local laws on the topic.

Licensing of Gun Purchasers / Owners

Federal law does not require licensing of gun owners or purchasers.

Click here to view additional information about licensing gun purchasers or owners, including background information and state and local laws on the topic.

Locking Devices

In October 2005, as part of the Protection of Lawful Commerce in Arms Act, Congress passed and the President signed into law legislation making it unlawful for any licensed importer, manufacturer or dealer to sell or transfer any handgun unless the transferee is provided with a secure gun storage or safety device. 18 U.S.C. § 922(z). A “secure gun storage or safety device” is defined in 18 U.S.C. § 921(a)(34) as:

(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;

(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or

(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

The Act creates various exceptions, including transfers to other licensees, law enforcement officers, or federal, state or local agencies. The legislation does not apply to transfers by private sellers, and does not require that transferees use the device.

The Act also immunizes any person who is in lawful possession and control of a handgun and who uses a secure gun storage or safety device with the handgun, from a “qualified civil liability action.” “Qualified civil liability action” is defined as a civil action for damages resulting from the criminal or unlawful misuse of a handgun by a third party if: 1) the handgun was accessed by another person who did not have the authorization of the lawful possessor; and 2) at the time the handgun was accessed it had been made inoperable by the use of a secure gun storage or safety device. 18 U.S.C. § 922(z)(3).

For more information about the Protection of Lawful Commerce in Arms Act, see the Immunity Statutes / Manufacturer Litigation section.

There are no federal standards for locking devices. The federal Consumer Product Safety Act, which imposes health and safety standards on consumer products, exempts firearms and ammunition from its requirements. 15 U.S.C. § 2052(a)(1)(ii)(E), referencing 26 U.S.C. § 4181. Therefore, the Consumer Product Safety Commission (CPSC) has no authority to mandate that firearms include locking devices. Locking devices themselves, however, are not exempt, and therefore the CPSC has the authority to adopt national safety standards for locking devices. It has not done so.

Click here to view additional information about locking devices, including background information and state and local laws on the topic.

Mental Health Reporting

The Gun Control Act of 1968 prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.” 18 U.S.C. § 922(d)(4). Such persons are prohibited from possessing firearms. 18 U.S.C. § 922(g)(4).

According to federal regulations, a person has been “adjudicated as a mental defective” if a court, board, commission or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: 1) is a danger to himself, herself, or others; or 2) lacks the mental capacity to contract or manage his or her own affairs. 27 C.F.R. § 478.11. The term “adjudicated as a mental defective” explicitly includes a finding of not guilty by reason of insanity or incompetence to stand trial. Id.

Federal regulations define a person as “committed to a mental institution” if a court, board, commission, or other lawful authority has formally committed the individual to a mental institution. Id. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation. Id. The term includes commitments for mental defectiveness, mental illness, and other reasons, such as drug use. Id.

The Brady Handgun Violence Prevention Act (the “Brady Act”) requires licensed dealers to request a background check prior to transfer of a firearm. 18 U.S.C. § 922(t). Background checks are performed through a search of the National Instant Criminal Background Check System (“NICS”). Id. In most states, dealers request background checks by contacting the FBI, which performs these background checks by searching NICS. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 3-4 (Nov. 2006). Only 13 states – called Point of Contact states – require dealers to contact a state agency, which searches NICS as well as other in-state databases for information regarding the prospective purchaser. Id. For more information, see the section on Background Checks.

The NICS system includes three federal databases; two of these - the Interstate Identification Index (“III”) and the NICS Index - contain information used to determine whether a person is disqualified from possessing firearms on the basis of mental health. The III includes mental health information that states have reported to the FBI as part of their criminal history records, such as findings of not guilty by reason of insanity or incompetence to stand trial. The NICS Index includes two files into which federal agencies and the states can enter information about individuals who have a disqualifying mental health history – the Mental Defective File and the Denied Persons File. Rachel L. Brand, Assistant Attorney General for Legal Policy, U.S. Department of Justice, Lethal Loopholes: Deficiencies in State and Federal Gun Purchase Laws, Statement before the House Committee on Oversight and Government Reform, Subcommittee on Domestic Policy, U.S. House of Representatives 10 (May 10, 2007). The Denied Persons File includes the names of individuals who are prohibited from purchasing a firearm but does not identify the reason they are prohibited. Id. Hence, states may avoid transferring private mental health information by identifying persons to NICS as prohibited purchasers without indicating that they are denied due to a mental health history. Id.

Federal law does not require states to submit mental health information to NICS; participation is strictly voluntary. See 28 C.F.R. § 25.4.; Brand, supra, at 5. There is considerable uncertainty regarding whether a federal statute requiring states to disclose mental health records to the FBI would violate the Tenth Amendment to the U.S. Constitution. In Printz v. U.S., 521 U.S. 898 (1997), a 5-4 decision, the Supreme Court struck down the interim provisions of the Brady Act obligating local law enforcement officers to conduct background checks on prospective handgun purchasers. The Court held that Congress cannot compel state officials to enact or enforce a federal regulatory program. See also Legal Community Against Violence, Lessons From Virginia Tech: Recommendations for State Law Changes to Close Loopholes in Background Check Systems 4 n.16 (May 2007).

Effective background checks on prospective firearm purchasers depend on having complete, accurate information in the NICS database. Therefore, to fully capture all records that would disqualify someone under federal law from purchasing or possessing firearms due to mental illness, state law should require the reporting of such information to NICS whenever a court, board, or other lawful authority:

• Determines that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is a danger to himself, herself, or others (even if that person is not involuntarily committed to a mental institution as a result);

• Determines that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease lacks the mental capacity to contract or manage his or her own affairs (depending on state law, this may include a finding that a person is “incapacitated” or disabled by mental illness, or it may result in the appointment of a guardian or conservator);

• Finds a person not guilty by reason of insanity, mental disease or defect, or lack of mental responsibility in a criminal case;

• Finds a person guilty but insane in a criminal case;

• Finds a person incompetent to stand trial; or

• Formally commits a person involuntarily to a mental institution or asylum for mental defectiveness, mental illness, and other reasons, such as drug use.

27 C.F.R. § 478.11. Note that state laws may prohibit additional categories of persons from purchasing or possessing firearms on the basis of mental illness. Detailed information on these laws is contained in the section on Background Checks and Prohibited Purchasers.

Federal and state privacy laws are frequently cited as reasons why states do not provide complete mental health records to the FBI. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Records Included in Presale Background Checks: Mental Health Records, Domestic Violence Misdemeanor Records, and Restraining Orders, 2003 (Aug. 2004); Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 8 (Nov. 2006). However, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and implementing regulations restrict disclosure of protected health information only by health care plans, providers, and clearinghouses. 45 C.F.R. § 164.104. In addition, HIPAA and its regulations permit any disclosure made:

• When authorized by the patient;

• When required by law, including state law;

• For a law enforcement purpose in response to a relevant and specific request from a law enforcement official; or

• To prevent or lessen a serious and imminent threat to the health and safety of a person or the public.

45 C.F.R. §§ 164.508, 164.512(a), (f), (j). State privacy laws are similar. See Mass Shootings at Virginia Tech, April 16, 2007, Report of the Review Panel Presented to Governor Timothy M. Kaine 65 (Aug. 2007). (LCAV has not conducted an independent survey of all 50 states’ privacy laws with respect to mental health records.)

In addition, federal regulations include requirements to ensure the privacy and security of mental health records that have been submitted to NICS. Access to data stored in NICS is tightly controlled, and safeguards protect against unauthorized disclosures. 28 C.F.R. § 25.1, et seq.

NICS Improvement Amendments Act of 2007: In January 2008, President Bush signed into law the NICS Improvement Amendments Act of 2007, which, among other things, provides financial incentives for states to provide to NICS information relevant to whether a person is prohibited from possessing firearms, including the names and other relevant identifying information of persons adjudicated as a mental defective or those committed to mental institutions. Pub. L. No. 110-180, §§ 102, 104, 121 Stat. 2559 (2008).

The Act also changes the standard for persons deemed to be “adjudicated as a mental defective” or “committed to a mental institution” by a federal agency or department. Such adjudications or commitments by federal agencies and departments are “deemed not to have occurred” for purposes of the federal prohibition against purchase or possession of firearms if:

• The adjudication or commitment has been “set aside or expunged;”

• The person has been “fully released or discharged from all mandatory treatment, supervision, or monitoring;”

• A court, board, commission, or other lawful authority has found the person no longer suffers from the mental health condition that was the basis of the adjudication or commitment;

• The person has been found to be rehabilitated “through any procedure available under law;”

• The adjudication or commitment was based solely on a medical finding of disability without a hearing before a court, board, commission, or other lawful authority, and the person has not otherwise been adjudicated a mental defective; or

• The person has been granted “relief” under a “relief from disabilities” program established by the federal agency or department in accordance with the Act’s requirements.

Id., §§ 101(c)(1)(A), (1)(B), (1)(C), (2)(B). Under prior law the prohibition on persons “adjudicated as a mental defective” or “committed to a mental institution” was permanent.

Under the Act, states are eligible to receive a waiver of the 10% matching requirement for National Criminal History Improvement Grants if they certify to the Attorney General at least once every two-year period that they have provided at least 90% of relevant records concerning persons who are prohibited from purchasing or possessing a firearm. Id., § 102. National Criminal History Improvement Grants are grants made by the federal government to states for programs to upgrade their criminal history record information systems. See generally 42 U.S.C. § 14601. These grants may not exceed 90% of the costs of the program incurred by a state. 42 U.S.C. § 14601(d). The Act also authorizes the Attorney General to withhold a certain percentage of the funding the state would receive under the Omnibus Crime Control and Safe Streets Act of 1968 for states that fail to submit a certain percentage of their relevant records. Pub. L. No. 110-180, § 104, 121 Stat. 2559 (2008).

The Act also authorizes the Attorney General to make grants to the states for use in establishing and upgrading the states’ ability to report information, including mental health information, to NICS and to perform background checks pursuant to the Brady Act. Id., § 103(a), (b). In order to be eligible for the grants authorized by the Act, however, a state must implement a “relief from disabilities” program that meets the Act’s requirements. Id., § 103(c). More specifically, the state program must:

• Allow a person who has been adjudicated a mental defective or committed to a mental institution to apply to the state for “relief” from the federal prohibition on the purchase and possession of firearms and ammunition (Id., § 105(a)(1));

• Provide that a state court, board, commission, or other lawful authority shall grant a person this “relief” (thereby making the person once again eligible to purchase and possess firearms), “pursuant to State law” and in accordance with due process (Id., § 105(a)(2));

• Provide that a state court, board, commission, or other lawful authority will grant the relief if the circumstances regarding the adjudication or commitment, and the person's record and reputation, are “such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest” (Id.); and

• Permit a person whose application for relief is denied to file a petition with the appropriate state court for judicial review of the denial (Id., § 105(a)(3)).

The Act provides that when an application for relief is granted under a state program, the adjudication or commitment that formerly rendered the person prohibited from purchasing or possessing firearms is then “deemed not to have occurred” for purposes of federal law. Id., § 105(b).

In addition, the Act requires the Attorney General to establish regulations and protocols for protecting the privacy of mental health information provided by states to NICS. Id., § 102(d). The Attorney General must work with states, local law enforcement, and the mental health community to establish these regulations and protocols, and must meet with any mental health group seeking to express its views concerning them.

LCAV publicly has expressed concerns about the NICS Improvement Amendments Act of 2007, including: 1) the Act changes the standard by which mental health records are required to be submitted to NICS by federal agencies, which will result in far fewer records being submitted; and 2) the Act requires that federal agencies, and states that participate in the grant program, create relief from disability programs to restore the rights of some prohibited purchasers with mental health histories. Overall, the bill creates new loopholes that may allow dangerous individuals to gain access to firearms. See Legal Community Against Violence, House of Representative Passes “NICS Improvement Act of 2007” with Troubling Amendments (June 15, 2007).

Click here to view additional information about mental health reporting, including background information and state and local laws on the topic.

Minimum Age to Purchase / Possess

Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Federal law provides no age limitations with respect to the sale of a long gun or long gun ammunition by an unlicensed person.

Dealers are prohibited from selling or delivering firearms other than shotguns or rifles (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id. Unlicensed persons may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (5). Exceptions are provided for temporary transfers made for specified activities, including employment, ranching, farming, target practice and hunting. 18 U.S.C. § 922(x)(3).

Federal law prohibits, with certain exceptions, the possession of a handgun or handgun ammunition by any person under the age of 18. 18 U.S.C. § 922(x)(2), (5).

Federal law provides no minimum age for the possession of long guns or long gun ammunition.

Click here to view additional information about the minimum age to purchase or possess firearms, including background information and state and local laws on the topic.

Multiple Purchases/Sales of Firearms

Federal law does not limit the number of guns a person can buy in any given time period. Federal law does require FFLs to report multiple sales of handguns to ATF and other specified law enforcement agencies. 18 U.S.C. § 923(g)(3)(A). The law enforcement agencies are not charged with any investigative duties regarding those sales, however. State and local law enforcement agencies are prohibited from disclosing reports of multiple sales (other than those involving prohibited purchasers) and must destroy such reports and related records within 20 days of receipt. 18 U.S.C. § 923(g)(3)(B).

Click here to view additional information about restrictions on multiple purchases or sales of firearms, including background information and state and local laws on the topic.

Non-Powder Guns

There are no federal laws regulating the transfer, possession or use of non-powder guns. However, the Consumer Product Safety Commission (CPSC) has taken the position that non-powder guns and ammunition fall within its regulatory authority. See 15 U.S.C. § 2052(a)(1)(ii)(E); Rev. Rul. 67-453, 1967-2 C.B. 378; CPSC Advisory Opinion No. 127. Hence, non-powder guns are subject to generalized statutory limitations involving “substantial product hazard[s]” and articles that create “a substantial risk of injury to children.” 15 U.S.C. §§ 1274(c)(1), (2), and (e); 2064.

The CPSC has taken at least one enforcement action against a manufacturer of a non-powder gun on the grounds that the gun created a “substantial product hazard” and “a substantial risk of injury” to children. See Daisy Manufacturing Co; Complaint, 66 Fed. Reg. 56,082 (Nov. 6, 2001) (alleging that non-powder guns manufactured by Daisy Manufacturing Co. present a substantial product hazard and a substantial risk of injury to children); Daisy Manufacturing Company Provisional Acceptance of Settlement Agreement and Order, 68 Fed. Reg. 68,876 (Dec. 10, 2003) (accepting on behalf of the Consumer Product Safety Commission a consent agreement that imposed a series of labeling requirements on non-powder guns).

The written standards that the CPSC relies on with respect to non-powder guns are voluntary standards, however. 15 U.S.C. § 2056(b)(1); see also S.K. Presnell, Comment: Federal Regulation of BB Guns: Aiming to Protect Our Children, 80 N.C.L.Rev. 975, 1015 (2002).

Click here to view additional information about non-powder guns, including background information and state and local laws on the topic.

Personalized / Smart Guns

Federal law does not set any safety or design standards for domestically manufactured firearms. Most consumer products are regulated by the Consumer Product Safety Commission (CPSC), established in 1972 by the Consumer Product Safety Act. The statutory definition of the term “consumer product,” however, specifically excludes firearms and ammunition. 15 U.S.C. § 2052(a)(1)(ii)(E). (Note that locking devices for firearms are not, by themselves, exempt, and therefore the CPSC has the authority to adopt national safety standards for locking devices. It has not done so. Additional information about locking devices is contained in the section on Locking Devices.) Accordingly, the CPSC currently has no authority to require gun manufacturers to produce personalized guns or otherwise improve the safety of their products.

Click here to view additional information about personalized or smart guns, including background information and state and local laws on the topic.

Private / Secondary Sales

Federal law imposes various duties on federally licensed firearms dealers. Firearms dealers must, among other things: 1) perform background checks on prospective firearm purchasers; 2) maintain records of all gun sales; 3) make those records available to law enforcement for inspection; 4) report multiple sales; and 5) report the theft or loss of a firearm from the licensee’s inventory. 18 U.S.C. §§ 922(t), 923(g). Federal law imposes none of these requirements on unlicensed sellers, however.

The Gun Control Act of 1968 provides that persons “engaged in the business” of dealing in firearms must be licensed. 18 U.S.C § 921(a)(21)(C). Although Congress did not originally define the term “engaged in the business,” it did so in 1986 as part of the McClure-Volkmer Act (also known as the “Firearms Owners’ Protection Act”). That Act defined the term “engaged in the business,” as applied to a firearms dealer, as “a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” Id.

Significantly, however, the term was defined to exclude a person who “makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.” Id.

Consequently, unlicensed sellers may sell firearms without conducting background checks or documenting the transaction in any way. In addition, because federal law does not require private sellers to inspect a buyer’s driver’s license or any other identification, there is no obligation for such sellers to confirm that a buyer is of legal age to purchase a firearm. As a result, convicted felons, minors and other prohibited purchasers can easily buy guns from unlicensed sellers.

According to a 1999 report issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the current definition of “engaged in the business” often frustrates the prosecution of “unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons.” U.S. Department of Justice & Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Gun Shows: Brady Checks and Crime Gun Traces 13-14 (Jan. 1999). A June 2000 ATF report found that unlicensed sellers were involved in about one-fifth of the trafficking investigations and associated with nearly 23,000 diverted guns. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers xi (June 2000). A national survey of firearm ownership conducted in 1994 determined that 60% of all firearm sales in the U.S. involved federally licensed dealers, while the remaining 40% of firearms were acquired from unlicensed sellers. Philip J. Cook & Jens Ludwig, Guns in America: National Survey on Private Ownership and Use of Firearms, U.S. Department of Justice, National Institute of Justice Research in Brief 6-7 (May 1997).

Click here to view additional information private sales, including background information and state and local laws on the topic.

Registration of Guns

There is no comprehensive national system of gun registration. In fact, federal law prohibits the use of the National Instant Criminal Background Check System (“NICS”) to create any system of registration of firearms or firearm owners. 28 C.F.R. § 25.9(b)(3).

A limited system of federal firearms registration was created by the National Firearms Act, 26 U.S.C. § 5801 et seq. The National Firearms Act (“NFA”) was enacted in 1934 to impose an excise tax and registration requirements on a narrow category of firearms, including machine guns, short-barreled shotguns or rifles, and silencers. 26 U.S.C. § 5845(a). The Act also includes, in a category defined as “any other weapon,” certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded.

In 1986, Congress banned the transfer and possession of machine guns not already in lawful circulation. 18 U.S.C. § 922(o). See also 18 U.S.C. § 922(b)(4). Machine guns that were lawfully owned prior to the ban’s effective date may continue to be owned and transferred provided they are registered in accordance with requirements of the NFA. Id. The NFA requires each importer, manufacturer, or dealer in firearms covered by the Act to register annually with the Secretary of the Treasury. 26 U.S.C. § 5802. In addition, anyone wishing to manufacture, make, import, or transfer such weapons must first register them. 26 U.S.C. § 5841(b). The transferee of any of these weapons cannot take possession until the Secretary approves the transfer and registration of the weapon to the transferee. 26 U.S.C. § 5841(c).

The National Firearms Act Branch of ATF maintains the registry, known as the National Firearms Registration and Transfer Record. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Dep’t of Justice, Brochure of the National Firearms Act Branch (Feb. 23, 2006). The registry includes: 1) an identification of the firearm; 2) the date of registration; and 3) the identification and address of the person entitled to possess the firearm. 26 U.S.C. § 5841(a). See also 27 C.F.R. §§ 479.101, 479.105.

It is also unlawful for a licensed dealer to sell a short-barreled rifle or shotgun to any person, except as specifically authorized by the Attorney General consistent with public safety and necessity. 18 U.S.C. § 922(b)(4).

With its provisions effectively limited to pre-ban machine guns and transfers of short-barreled rifles and shotguns that are specifically authorized by the Attorney General, the registration system created by the NFA falls far short of a comprehensive registration system.

Click here to view additional information about the registration of firearms, including background information and state and local laws on the topic.

Reporting of Lost or Stolen Firearms

Federal law does not require individual gun owners or other lawful possessors of firearms to report the loss or theft of a firearm to law enforcement.

Federal law requires that licensed firearms dealers report the loss or theft of any firearm from the dealer’s inventory to the U.S. Attorney General or local law enforcement within 48 hours of discovering the loss or theft. 18 U.S.C. § 923(g)(6).

Click here to view additional information about the reporting of lost or stolen firearms, including background information and state and local laws on the topic.

Retention of Sales / Background Check Records

Background Check Records: Until 2004, information on approved National Instant Criminal Background Check System (“NICS”) background checks was retained by NICS for ninety days. Office of the Inspector General, U.S. Department of Justice, Inspections of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Evaluation & Inspection Report I-2004-005 x (July 2004). This information helped ATF deter fraud and detect dealers who might be providing false information about a prohibited person, by inspecting a dealer’s records within the ninety-day period and verifying that the records matched the information submitted earlier to NICS. Id. at 51-54. If discrepancies were found, ATF could conduct a further investigation of the dealer to determine whether the dealer submitted false information to NICS. Id. In a recent review of trafficking investigations, ATF determined that corrupt dealers are a significant source of trafficked firearms. Violence Policy Center et al., Comments On Regulations Proposed by the Federal Bureau of Investigation, Department of Justice Regarding Changes to Regulations Implementing the National Instant Criminal Background Check System 10 (Sept. 4, 2001).

As of July 2004, approved purchaser information is no longer kept for ninety days but is instead destroyed within twenty-four hours of the official NICS response to the dealer. The requirement that approved purchaser information be destroyed within twenty-four hours has been included in the appropriations bills funding the Department of Justice (which includes ATF and the FBI) every year since 2004. See Consolidated Appropriations Act of 2004, Pub. L. No. 108-199, § 617, 118 Stat. 3 (2004); Consolidated Appropriations Act of 2005, Pub. L. No. 108-447, § 615, 118 Stat. 2809, 2915 (2005); Science, State, Justice, Commerce, and Related Appropriations Act of 2006, Pub. L. No. 109-108, § 611, 119 Stat. 2290, 2336 (2005); Revised Continuing Appropriations Resolution, 2007, Pub. L. No. 110-5, 121 Stat. 8 (2007); Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, H.R. 3093, 110th Cong. § 511 (2007). Each of these acts contains additional provisions which restrict disclosure of data obtained by ATF via crime gun traces. In 2006, Congress failed to pass H.R. 5005, which would have codified and made permanent the restrictions on disclosure of crime gun trace data.

As a result of these restrictions, ATF inspectors are no longer able to compare the information on file with the dealer to the information the dealer submitted to NICS. The Department of Justice Inspector General has noted that the shortened retention time makes it much easier for corrupt firearm dealers to avoid detection. Evaluation & Inspection Report, supra, at x-xi; 51-54. Federal law also specifically prohibits using NICS to create any system of registration of firearms or firearm owners. 28 C.F.R. § 25.9(b)(3).

The FBI maintains indefinitely the records of prospective purchasers whose applications are denied. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 17 (Nov. 2006).

Sales Records: FFLs are required to maintain records of the acquisition and sale of firearms indefinitely. 18 U.S.C. § 923(g)(1)(A). The dealer must record, “in bound form,” the purchase or other acquisition of a firearm not later than the close of the next business day following the purchase or acquisition. 27 C.F.R. § 478.125(e). The dealer must similarly record the sale or other disposition of a firearm not later than seven days following the date of such transaction and retain Form 4473, the Firearms Transaction Record. Id.; 27 C.F.R. § 478.124(b).

If the sale is approved, NICS provides the dealer with a unique identification number. The dealer records this number and certain information about the firearm to be transferred, including the manufacturer, type, model, caliber or gauge and serial number, on Form 4473. Id., 27 C.F.R. § 478.124(c). The dealer is required to retain Form 4473, regardless of whether the transaction is approved or denied or whether the firearm is actually transferred. 27 C.F.R. § 478.102. When a firearms business is discontinued, these records are delivered to the successor or, if none exists, to the Attorney General. 18 U.S.C. § 923(g)(4).

With very limited exceptions, records of firearm sales are not maintained at the federal level. The National Firearms Act Branch of ATF does maintain a limited registry of machine guns, short-barreled shotguns or rifles, and silencers, known as the National Firearms Registration and Transfer Record. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Brochure of the National Firearms Act Branch (Feb. 23, 2006). Machine guns were banned in 1986, and it is unlawful to possess or transfer a machine gun unless it was lawfully owned prior to May 19, 1986. 18 U.S.C. § 922(o). The Act also includes, in a category defined as “any other weapon,” certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded.

Click here to view additional information about the retention of sale and background check records, including background information and state and local laws on the topic.

Waiting Periods

There is no federal waiting period. Under the National Instant Criminal Background Check System (“NICS”), a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. 18 U.S.C. § 922(t)(1). If the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default. Id. See the section on Background Checks and Prohibited Purchasers for more information on default proceeds.

Federal law does not require private sellers to perform background checks on gun purchasers. Accordingly, persons purchasing firearms from private sellers may take immediate possession of their weapons, unless state or local law provides otherwise. Detailed information about private sales is contained in the section on Private Sales.

Click here to view additional information about waiting periods, including background information and state and local laws on the topic.

In 2005, 30,694 people died from firearm-related injuries in the United States. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2005, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

In 2005, 69,825 people were treated for nonfatal firearm-related injuries in the United States. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Nonfatal Injury Reports, 1999-2005, at http://webappa.cdc.gov/sasweb/ncipc/nfirates2001.html.

American Academy of Pediatrics - Violence Prevention

American Bar Association, Special Committee on Gun Violence

Brady Campaign to Prevent Gun Violence

Bureau of Alcohol, Tobacco, Firearms & Explosives: Firearms Division

Centers for Disease Control and Prevention, National Center for Injury Prevention and Control

Coalition to Stop Gun Violence / Educational Fund to Stop Gun Violence

Consumer Federation of America – Health & Safety: Guns

Federal Bureau of Investigation, National Instant Criminal Background Check System

Firearm & Injury Center at Penn (FICAP)

Freedom States Alliance

Gun Free Kids

Harvard Injury Control Research Center

International Association of Chiefs of Police (IACP), Gun Violence Reduction

Johns Hopkins Center for Gun Policy & Research

Joyce Foundation – Gun Violence

Mayors Against Illegal Guns

Medical College of Wisconsin, Firearm Injury Center

Million Mom March

PAX – Real Solutions to Gun Violence

Protest Easy Guns

States United To Prevent Gun Violence

Thomas (Legislative Information from the Library of Congress)

Violence Policy Center

Violence Prevention Research Program (VPRP)