QUOTE (d'observer @ May 04 2007, 02:01 AM)So,for now I'm asking for someone that knows a lot about the detail in the firearm's possession and related laws in U.S,to post a bit on it,so I and maybe others could share our opinions on the thing.
OK. In the US there are approximately 51 sets of gun laws: one for each state, and another set that applies to federal territory, including Washington, DC. I'll just focus on the laws that apply to my state (Maine) first.
First, federal laws apply to the entire country. The oldest of these is the National Firearms Act, which dates back to prohibition (1934), and for historical reasons is part of the tax code:
NFA
* Machineguns are firearms that fire multiple times per trigger pull or parts to convert a firearm to do so.
* Short-barreled rifles/shotguns are firearms with a buttstock and one of the following features: overall length less than 26" (660 mm), smooth barrel less than 18" (457 mm), or rifled barrel less than 16" (406 mm).
* Suppressors are portable devices that reduce the audible muzzle blast of a firearm.
* Destructive devices are bombs, grenades, rockets having more than 4 oz (133 g) of propellant or 1/2 oz (14 g) explosive charge, and--at the discretion of the Secretary of the Treasury--some guns over .50 cal (12.7 mm) (all common shotguns except the .410 cal are over .50 cal. In practice, most large rifles are classified as DDs, but few shotguns are).
* "Any Other Weapons" are handguns with a smooth bore or a forward grip, pistol-grip shotguns, and disguised firearms (pen guns, cane guns, etc.)
* These five categories are collectively known as Title II weapons. Private ownership--except under military contract--is subject to an extensive background check, fingerprinting, and registration. Machineguns made or imported after 19 May 1986 (the "Huges Amendment") may not be registered; all others incur a $200 tax.
* Transfer of ownership requires that the new owner be registered and incurs a $5 transfer tax for AOWs and $200 for the other four categories.
The Gun Control Act of 1968 is the one federal firearms law most likely to apply to gun owners in the US:
GCA PROHIBITED PERSONS
* Age: 18+ or guardian's permission to possess a firearm
* Crime: must not have been convicted of a federal crime punishable by 1+ year or a state crime punishable by 2+ years, nor a fugitive from justice, nor an illegal user of controlled substances, nor dishonorably discharged from the US military.
* Mental illness: anyone adjudicated a mental defective or committed to a mental institution. Note that this only applies to court orders, or verdicts like "not guilty by reason of insanity."
* Residency: must either be a US citizen or legal immigrant. Persons who renounce US citizenship are barred for life.
* Domestic violence (Lautenberg Amendment): Must not be subject to a restraining order or convicted of misdemeanor domestic violence.
GCA FEDERAL REGISTRATION OF DEALERS
* Professional gun dealers are required to register with the Federal government and pay some fairly hefty taxes.
* Dealers may buy guns anywhere in the US.
* Dealers may sell long guns anywhere in the US.
* Dealers may sell handguns only to other dealers or residents of their state 21 years or older.
* Non-dealers may buy from or sell to dealers.
* Non-dealers may buy from or sell to non-dealers in their own state.
* Non-dealers may not make a business of selling firearms.
GCA FIREARM PARTS and SERIAL NUMBERS
* One part, typically the receiver (or the upper receiver of a split-receiver design) is designated as the "serialized part," which must bear a unique serial number and is subject to the GCA. Other parts are not regulated.
The Firearm Owners Protection Act of 1986. This law is rather unusual, in that it mostly regulates the regulators. There are a few provisions that affect private individuals.
FOPA
* States may not prosecute persons just passing through with firearms for unlawful firearms possession, if the firearm is not immediately accessible and the person passing through does not stop more than necessary. [As a result, if I want to drive to a shooting competition in Virginia, I can legally take an AR-15 rifle (banned in NY) through NYC, as long as it stays in the trunk.]
* Machinegun registration was stopped by the Hughes Amendment to FOPA
* The federal government may not keep a database of firearms sales.
The Brady Act of 1993
* Expanded background checks to cover all firearms sales by dealers, not just sales of Title II weapons.
* Imposed up to a 5-day for the background check. This was later reduced to 3 days in 1998.
The 1994 Crime Bill/Assault Weapons Ban. This is a very controversial law, to say the least, and is probably more responsible than anything for the resurgence of pro-gun politics in the US. A few states have state copies of the law still in effect, but Maine is not one of them.
State laws in Maine.
ME POSSESSION
* No permits are required for possession of firearms.
* Minimum age for long guns/handguns: 16/18 respectively or guardian permission [Note that dealers must follow the federal 18/21 rule]
* Air guns are treated like long guns.
* Minors may lose the right to possess long gun for some offenses.
That's it for Maine's possession rules.
ME CARRY
* Only cops and state-licensed private investigators may carry in bars, and they may not drink.
* Non-concealed carry of firearms is allowed almost everywhere [courthouses and schools come to mind]--but is rare and will probably invite police harassment. Portland, especially, is known for this.
* Long guns may not be loaded in a car, but may be carried with ammunition.
* Concealed carry and carry of loaded handguns in automobiles requires a state permit: safety/legal-self defense course, background check, renewed every 4 years, $5 per year fee, plus $15 one time fee. Like drivers licenses, concealed-weapons-permits also require the holder to submit to field sobriety tests.
SHOOTING
* Municipalities may regulate or ban shooting, but nothing else. [For example the City of Westbrook bans all shooting (we're really urban for Maine, so it makes sense) except for self-defense--the highest degree of restriction allowed. The neighboring town of Scarborough allows shotgun-shooting only, again because of concerns over the safety of rifle projectiles in a suburban area (which are perfectly capable of going over the horizon)]
* It is illegal to shoot within 100 yards (91 m) of a dwelling without the owner's permission.
HUNTING
* Machineguns and suppressors are banned from hunting. [But you can still use them at ranges that allow them]
* Similarly, semi-automatic weapons are limited to 5-round magazines, when hunting.
* Semi-automatic shotguns are limited to 2-round magazines when hunting migratory birds.
* Tracers and exploding ammunition are banned from hunting.
Other states vary significantly.