Gun Ownership Laws: Second Amendment and Public Opinion

The constitutional provides the legal right to own and bear arms have shaped and divided our nation’s social and political landscape. Under the Second Amendment, the U.S. Constitution guarantees the right of Americans to possess and bear arms.

According to a 2022 Pew Research, at least a third of U.S. adults claim they personally own a gun.

Use and Carry Weapon Laws

Gun activists rely on the Second Amendment of the U.S. Constitution, which portends to guarantee the right of its citizens to keep and bear arms as a fundamental right that shall not be infringed or restricted by law.

Notwithstanding, those who are in the business of selling guns and those that own and carry guns must still comply with their respective state laws. This is especially true if the owner carries a concealed firearm.

State Laws Widely Vary On Gun Laws

Gun laws vary from one jurisdiction to another. Most state laws divide firearm offenses into two categories: carrying concealed firearms and using a gun to commit a crime. Using a weapon to commit a crime is a severe felony in most states, and if that use results in the death of another person while in the commission of the crime, you can be charged with murder under the felony murder rule.

Carrying concealed firearms in a state which prohibits it is usually a misdemeanor, not punishable by a prison sentence. Even though a felony, an unarmed robbery is not as severe as using a firearm to commit the theft.

Elevating the offense

Using or displaying a firearm or other deadly weapon may elevate an offense to a more severe crime or increase punishment. For example, an assault committed with a deadly weapon is a felony. In contrast, an unarmed assault is usually a misdemeanor unless accompanied by force or threat of force, in which case the assault can be charged as a felony.

Brady Handgun Law

Under the Brady Handgun Violence Prevention Act, the law imposes a waiting period of 5 days before a licensed manufacturer or dealer can lawfully sell and deliver a handgun to an unlicensed individual.

The Brady Act requires a criminal history background check on anyone attempting to purchase a firearm from a licensed gun dealer.

Pew Research 2021 Report on Guns In America

Below is a summary of some of Pew Research’s findings:

• Personal protection is the primary reason why gun owners say they own firearms.
• Around half of Americans consider gun violence as a “very big” problem in the country today.
• Attitudes about gun violence differ widely by race, ethnicity, party, and community type.
• Over half of Americans favor stricter gun laws.
• Americans are divided over whether restricting legal gun ownership would lead to fewer mass shootings.
• Most Republicans support allowing people to carry concealed guns in more places, and seventy-two percent of Republicans support allowing teachers and school officials to carry guns in K-12 schools.
• Americans in rural areas typically favor more expansive gun access, while Americans in urban places prefer more restrictive policies.

Supreme Court 2022 ruling involving a New York state gun law makes carrying a concealed weapon constitutionally legal.

Constitutional Expansion in Conceal and Carry Laws

Despite the continued and increased trend in gun violence and mass shootings, on June 24, 2022, API News reported that the Supreme Court held that Americans possess a constitutional right to carry firearms in public for self-defense, resulting in a significant expansion of gun rights laws.

In the Supreme Court’s first major gun decision in over a decade, in a split 6-3 ruling, Justice Clarence Thomas writing for the conservative majority, declared that the Constitution protects:

[A}n individual’s right to carry a handgun for self-defense outside the home.” That right is not a “second-class right,” Thomas wrote. “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.” Right to Carry Firearms in Public

Some Good News

In 2023 the Biden administration, in an effort to hold the gun industry legally accountable to the public, issued a series of executive orders increasing federal enforcement and pressure on gun sellers and dealers found to be violating existing gun laws.

Consulting With A Criminal Defense Lawyer.

If you have been charged with illegally possessing or discharging a firearm, we recommend consulting with a verified criminal defense lawyer as soon as possible.