Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Second Amendment Limits to Gun Ownership

Article Placeholder Image
By Deanne Katz, Esq. on August 30, 2012 9:58 AM




U.S. v. Heller

The most recent decision on Second Amendment rights, U.S. v. Heller, prohibited any kind of complete ban on a category of guns.

At issue was a D.C. law banning ownership of any handguns. That law was struck down and the decision effectively barred states from implementing similar laws.

No state can take it away your Second Amendment rights. But they can place limits on it.

The way most states regulate guns is through licensing requirements and bans on certain guns within a given class. Those kinds of limits have generally been upheld by courts and Heller doesn't stop them.

That means state assault weapon bans and restrictive license and permitting laws are generally acceptable limits on Second Amendment rights.

Regulations on Fully Automatic Weapons

One of the more famous examples of highly restrictive gun laws is federal regulation of fully automatic weapons or machine guns.

Machines guns aren't banned in the U.S.; Heller likely wouldn't allow it. But they are subject to intense regulation. Under the National Firearms Act, prospective owners must apply to the U.S. Treasury Department for special permission to own machine guns.

Applicants undergo rigorous screening by the FBI. If granted permission, owners pay a tax and must register their weapon with the federal government.

The Firearms Owners' Protection Act of 1986 then made it illegal for civilians to own machine guns made before the act's passage on May 19, 1986.

Unless the Supreme Court says otherwise, this kind of regulation is a legitimate limit on Second Amendment Rights. While an outright ban isn't legal, strict regulation that creates an effective ban is still acceptable.

Related Resources:

Find a Lawyer

More Options