The United States Constitution protects a citizen's right to bear arms, but that right has been restricted through some state laws that create an outright gun ban as well as federal laws that limit who can purchase guns, along with where and when.
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Here are five federal restrictions on the right to bear arms, how they limit gun usage, and why they were passed:
1. National Firearms Act: In 1934, in a reaction to the gun violence of the Prohibition era, Congress enacted the National Firearms Act. Lawmakers wanted to avoid the impression they were creating an outright gun ban. They did not believe that the Second Amendment afforded them that right. They did, however, make an effort to limit activity on certain types of weapons with a heavy tax and required them to be registered. The $200 tax levied on sawed-off shotguns and automatic weapons was considered prohibitory for the time. This restriction is still in effect.
2. Gun Control Act of 1968: In response to the assassinations of Sen. Robert F. Kennedy and Martin Luther King Jr., public outrage led congress to pass a gun control act that required federal licensing for anyone selling guns or making guns. This created an outright gun ban for people convicted of felonies or who were under the age of 18.
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3. Undetectable Firearms Act: In 1988, in an attempt to discourage terrorist activity, Congress created a gun ban on any firearms that would not be able to be detected by a metal detector. It also required that any guns are made to look like guns. This act has been renewed by Congress three times and will currently expire in 2023.
4. Gun Free School Zones Act: This 1990 act is a gun ban from schools. There are several exceptions provided in this law, including for people who own guns and live in a school zone and for school educational programs that might involve a gun, as well as law enforcement officers.
5. Brady Handgun Violence Protection Act: Named after James Brady who was wounded in the 1981 attempted assassination of President Ronald Reagan, this act, passed in 1993, restricts gun ownership to people who can pass background checks. It created the National Instant Criminal Background Check System and creates a gun ban for people who have been in prison for more than one year, have been dishonorably discharged from the military, have renounced their U.S. citizenship, have domestic violence convictions or charges pending, or is a documented drug user.
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