HOW IS “SAFETY” BEST PROTECTED?
by Contributor
(Apr. 13, 2020) — The legal basis for gun possession and use in America is enshrined in the second amendment of the constitution. However, most people aren’t aware of how guns are regulated. Gun control is one of the most divisive and hottest issues in U.S. politics. With the escalation of mass shootings in the recent past, there has been more heat between both sides of the gun control argument. The supporters of stricter gun regulation base their argument on fear for their safety, while the other camp fears for the loss of safety. They argue that restricting the possession of firearms will leave citizens without the ability to protect themselves and their loved ones. Although gun regulation varies from state to state, there are several key conditions for possessing guns in America.
The minimum age
The Gun Control Act of 1968 regulating firearms at the federal level requires that citizens, as well as legal residents, must be at least 18 years of age to buy shotguns, rifles, and ammunition. All other firearms, such as handguns, are only sold to people over 21. Various state officials can, however, implement higher age restrictions but can’t go below the federal minimum.
Restriction from purchasing or possessing firearms
People viewed as a danger to society, such as fugitives and patients who are involuntarily committed to mental institutions, are among the lot who can’t buy firearms. Besides, people with prior felony convictions, such as prison sentences exceeding a year, are likewise prohibited from buying firearms. The federal law also prohibits the sale of firearms to individuals with prior convictions for unlawfully possessing and using controlled substances such as marijuana within the past year.
Who sells firearms?
Just like handgun owners, dealers looking to venture in firearm sales must obtain a Federal Firearms License, or FFL, and must be above the age of 21 years. Also, they must have premises for their business and must inform the local law enforcement official when submitting their applications to the federal bureau regulating firearms. They must also provide their background history, as well as mental state, to obtain a permit. Even when selling firearms online, one must also follow these regulations. It’s easy to get a wide range of bb pellets of all weights for your bb weapon as long as you meet all the regulations.
Understanding the ‘gun show loophole’
The rules and regulations on selling, buying, and possessing guns are clear. However, not everyone providing a gun in transfer needs an FFL. This means that not all buyers are legally subjected to a background check. Therefore, guns can fall into the hands of people who aren’t otherwise allowed to own firearms. This ambiguity shows how firearm purchases can happen without a background check while at the same time, not breaking the law. A firearm can also be bought on behalf of a third party without requiring a background check.
All State and Federal laws enacted that are directed to non-incarcerated U.S. citizens, including the need to be licensed to carry and any law requiring the need to obtain a firearms operators identification (FOID) card to purchase ammunition, are unconstitutional.
The first ten Amendments of the U.S. Constitution are commandments directed to all government entities.
The Second Amendment commands lawmakers not to make ANY laws banning or restricting the God-given right to keep and bear any “arms” because, the Second Amendment has no exception clauses, phrases, nor sentences. The phrase “shall not be infringed” is a loud siren.
Lawmakers cannot legally pick-apart the First Amendment by applying age limits to religious freedom or the natural right to peaceably assemble or protest, nor should these over-zealous politicians be allowed to pick-apart the Second Amendment.
Any time that lawmakers of any State enact a law against the commandment of the Second Amendment, they simultaneously sin against the Tenth Amendment and should be held accountable.