Slate has a good rundown of differences in state laws. Many gun restrictions are limited by the Supreme Court's recent interpretations of the Second Amendment. For instance, the court struck down Washington, DC's handgun ban in , citing an individual's right to bear arms. Broadly speaking, studies have found that states with stricter gun control laws have fewer gun deaths , and places — not just states, but cities and countries, too — with fewer guns have less gun violence after controlling for socioeconomic variables and other types of crime.
Generally, America's gun laws are far more relaxed than those of the other countries on this list. And even if your city or state is restrictive, interstate travel is so easy that it's fairly easy to go to another state to buy a gun, although this runs afoul of some states' laws.
Several analyses of places with restrictive gun laws — Chicago and Illinois or "the Iron Pipeline," for example — have found that's exactly what happens in many cities and states, with guns typically flowing in from neighboring or nearby jurisdictions with laxer gun laws. The result: If you want to buy a gun in America, there's almost certainly a way to do just that, regardless of your local laws.
How gun control works : Canada keeps guns somewhat accessible to the general population, but maintains major restrictions on different types of guns, who can buy them, and how they're purchased.
The result is a system that looks like a stricter version of the US — so some sort of firearm ownership is still a possibility, but not something that's done very easily. Canada puts guns into three categories: prohibited most handguns that have a short barrel or are. The general idea is that more dangerous guns face much harsher regulations and restrictions on purchase, ownership, and storage.
Prohibited guns are, as their name implies, prohibited, but people who obtained and maintained a registration certificate before they were banned in December can keep those specific guns. All restricted and prohibited firearms must be registered, but non-restricted guns no longer have to be registered after April In general, you must be 18 or older to buy a gun in Canada.
Some exceptions are made for minors 12 to 17 owning a non-restricted firearm — but only if a licensed adult is responsible for the gun. Canada requires a license to own a gun and ammunition, and buyers to pass safety course tests. Licenses must be renewed every five years.
Licensing requires fairly stringent background checks. An "applicant for a firearm license in Canada must pass background checks, which consider criminal, mental, addiction and domestic violence records," according to the Library of Congress's review of Canada's laws. The background checks also consider whether an applicant has been treated for a mental illness, if the person was associated with violence, threats, or attempted violence, and whether the person has a history of any behavior "that includes violence or threatened or attempted violence on the part of the person against any person.
In addition to licensing requirements, Canadians can only obtain a permit to carry firearms in public in very limited circumstances — typically with the requirement that "an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation" or to protect life. There are no such federal requirements in the US, although some states place certain restrictions or bans on concealed and open carry.
Unlike federal laws in the US, Canadian laws require safe gun storage — locked in a room, compartment, or container that's difficult to break into, with a trigger or cable lock, or both, depending on the type of firearm.
Guns must be unloaded when stored. And similar storage requirements apply to guns that are being transported, with laxer rules for non-restricted firearms compared to prohibited and restricted ones. How gun control works : The United Kingdom maintains some of the strictest gun laws in the West and the world, which helps explain why it also has some of the lowest levels of gun homicide among developed nations.
For one, handguns are generally banned, with exceptions only for police officers, members of the armed forces, and people with special permission from the home secretary.
Military-style weapons are also prohibited. For other types of firearms and ammo, individuals must go through a stringent licensing process. They must give a "good reason" — such as job requirements, sport, or shooting vermin — to own a gun. Self-defense is not considered a good reason. Local police chiefs are expected to verify that an applicant's reasons for owning a gun are legitimate.
For example, police might see if a person really has vermin in his or her house to the point that it requires a certain type of gun to deal with the pests. Gun owners also must meet background checks, which involve a review of a person's criminal record, mental illness, alcoholism, drug addiction, and references regarding mental state, home life, and attitudes toward guns.
Licenses must be renewed every five years, although they can be revoked earlier if police find that someone's gun ownership poses public safety risks or a person no longer has a good reason for the license. The UK also has an age requirement of 18 for gun ownership. Firearm ownership also might involve storage requirements that meet "British safety standards," which are evaluated by local police, who particularly check the possibility of unauthorized access to guns by an owner's family members or other associates.
One major exemption to the licensing requirements: People can participate in gun clubs even if they don't hold a certificate "when engaged as a member of the club in connection with target shooting," according to the Library of Congress's review of UK laws.
But these gun clubs must meet all sorts of criteria, including security and storage arrangements for guns and ammo. Gun laws can be enforced very strictly: Anyone found unlawfully possessing a firearm faces a five-year mandatory minimum prison sentence.
The UK passed many of its gun restrictions in response to public outcry after several mass shootings. One of the shootings sounds eerily like the Sandy Hook Elementary School shooting that took place in Connecticut in , as described by Clare Feikert-Ahalt for the Library of Congress: In , "Thomas Hamilton walked into a primary elementary school in Dunblane, Scotland, and shot and killed 16 small children, aged four to five, and their teacher in the school gym before killing himself.
Hamilton lawfully held the two rifles and four handguns that he used for the massacre, and had lawfully held firearms for almost 20 years prior to this incident. According to Feikert-Ahalt's report , law enforcement's consensus in the UK is that the restrictions did not stop all gun violence, but did limit it.
And although the rules are strict, more than , certificates were in effect for the period between and , suggesting that gun ownership is certainly possible despite the hurdles involved. How gun control works : Switzerland is perceived to have one of the more accepting cultures toward guns in Europe.
Laws let militia members in the country where all able-bodied men are required to serve in the military, except for conscientious objectors keep their issued personal weapons in their homes, and Swiss statutes and traditions respect the right to bear arms.
Private gun ownership generally requires a license, for which an applicant "must be at least 18 years of age, may not have been placed under guardianship, may not give cause for suspicion that he would endanger himself or others with the weapon, and may not have a criminal record with a conviction for a violent crime or of several convictions for nonviolent crimes," according to the Library of Congress's review of Swiss gun laws.
The license is valid for six to nine months, and it's usually valid only for one weapon. But rifles and semiautomatic long arms used by recreational hunters are exempt from licensing requirements. The law also prohibits those subject to most domestic violence restraining orders from having a gun while the order is in effect.
Felony conviction. A felony includes any crime punishable by more than one year's imprisonment, regardless of how much time a person actually spends behind bars. The ban covers nearly all felony convictions.
A person who violates this provision is often referred to as a "felon-in-possession. Misdemeanor conviction of domestic violence. The federal ban on firearms applies only to certain misdemeanor convictions. Misdemeanors often carry the possibility of a year or less of imprisonment as punishment.
To fall under the ban, the misdemeanor must involve a crime of domestic violence against a victim who meets the federal definition of intimate partner. State law often overlaps with or expands on the federal ban. So, even if a conviction doesn't trigger the federal ban, it could trigger a state law prohibition. In California, for instance, convictions for misdemeanor domestic violence offenses bar offenders from owning or possessing guns within ten years of conviction.
A lifetime ban applies to those with felony convictions. Other states have enacted laws that seek to close what they consider "loopholes" in the federal law. Some states broadened victims of misdemeanor domestic violence crimes to include dating partners, roommates, or any family member as opposed to intimate partners under federal law. Other states apply the ban to any misdemeanor assault , battery, or stalking and not just those committed against an intimate partner. Restoration of gun rights tends to be a tricky area.
Federal law allows for the restoration of gun possession rights if the person received a pardon, had civil rights restored, or had the conviction expunged or set aside.
But states can limit these federal restoration rights by placing restrictions in state law on the effect of an expungement, set aside, or pardon. And the reverse is true—it's possible to have the right to firearms restored under state law but still be subject to the federal prohibition.
The rules on gun ownership and possession can be complex—they can also change. Restoration of gun rights is another complicated area. Brady , 26 F. Waters , 23 F.
Limitations on Previous Convictions -- 18 U. To qualify: 1 at the time of previous conviction, the defendant must have been represented by counsel, or knowingly and intelligently waived the right to counsel; 2 if the offense of previous conviction entitled the person to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; and 3 the conviction can not have been expunged or set aside, or be an offense for which the person has been pardoned or has had civil rights restored if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
The issue of restoration of civil rights must be carefully researched for each potential defendant. However, in those states, a person who does not serve a sentence of imprisonment may not lose their civil rights and, therefor, this limitation may not be applicable.
But, in United States v. Indelicato , 97 F. The Terrorism and Violent Crime Section can provide assistance in analyzing particular cases. There is no law enforcement exception : One of the provisions of this new statute removed the exemption that 18 U. Thus, as of the effective date, any member of the military or any police officer who has a qualifying misdemeanor conviction is no longer able to possess a firearm, even while on duty.
We now have the anomalous situation that 18 U. Currently pending before Congress are at least two bills that would substantially modify the impact of the amendment to this section. Prosecution Considerations: In determining whether a particular case merits federal prosecution, you should consider the following factors: the date of the previous conviction; under what circumstances the firearm was obtained; whether there are indications of current potential for violence i.
Even if a determination is made that prosecution is not warranted, steps should be taken to assure that the firearm is removed from the possession of the prohibited individual.
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