Expert: Dan Haynes - 1/26/2009

Question
are there any limitations on this right to bear arms

Answer
Bridget,

Thanks for asking. The 2nd amendment states: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

In the above context, there are no limitations. Anti-gun people have lobbied US congress for restrictions on this right. Congress has passed some laws that restrict firearms ownership.

One example is the The National Firearms Act

http://en.wikipedia.org/wiki/National_Firearms_Act

Since the NFA act, there have been many laws passed regulating firearms such as the Assault weapons ban of 1994 which mandated that all magazines could not hold more than ten rounds of ammo. It expired on September 13, 2004, as part of the law's sunset provision.

The Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213 (also known as GCA or GCA68, and codified as Chapter 44 of Title 18, United States Code) is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.

States have passed their own laws regarding firearms:

http://en.wikipedia.org/wiki/Gun_(Firearm)_laws_in_the_United_States_(by_state)


More restrictions on firearms only affect lawful people. Criminals still get guns illegally. More laws regulating firearms have no affect on crimes committed with firearms. Those who are criminal minded will still use them for crime.

If Prosecutors would severely punish those who kill people with guns, by using existing federal and State laws, then crimes using firearms would go down.

I hope this helps answer your questions. Good luck on your homework.

Dan