Log in

View Full Version : Legal VS. Illegal Guns


J-Beth
2008-11-17, 00:35
Im confused on what politicians and you average everyday "joe" means when they say "Illegal Gun". For instance if talking about how gun laws dont stop crime because "all the criminals use illegal guns!". What the hell does illegal mean in this instance? Does it mean a gun that is not "registered" to that individual. This also confuses me because I was under the impression that the transfer of firearms between two adults was legal, for instance if you sold a rifle to your neighbor. The neighbor wouldnt have the gun registered to them so is this an "illegal" gun?

I know that is a paragraph full of questions in a confusing manner, but basically what Im looking for is someone to explain to me in as plain of language as possible how gun transfers and legallity functions, in the USA as this is where most memebers live. What does it mean for a gun to be registered to some one. Do guns always have to be registered? Who can sell a gun to who? and what makes a gun "Illegal"? Those are some questions along the lines of what im trying to figure out.

Random_Looney
2008-11-17, 00:54
In the US, federal law states that a licensed firearm dealer can sell longarms to anyone oever the age of 18, handguns to those over the age of 21, and AOW's or NFA items (suppressors, short shotguns or rifles that are smaller than the overall weapon length regulations, short-barrel longarms with barrels that are shorter than regulations, or disguised firearms, etc.) to those over 21 who pay a tax stamp and meet a special background investigation involving getting fingerprinted, having the chief law enforcement official sign off on it, etc.

I'll focus on longarms and hanguns. You need to pass a NICS background check where the FBI checks you out to see if you have any criminal convictions, known mental illnesses, or other problems that might prevent you from buying a firearm. If you are a felon, mentally-ill individual, or are convicted of domestic violence, you may not own firearms, possess firearms, or ammunition. If you're under current criminal investigation, etc. you may not purchase new firearms. If you do, the firearm may be termed illegal for whatever reason.

Firearms must be sold with serial numbers. If they have ever had their serial number defaced, or (in special instances, firearms without serial numbers are legal, but may not be sold) are sold without numbers, they are called illegal weapons. If you shorten a weapon's overall length or barrel length below the limit without registering them on the NFA registry (the only national registry there is), or make a weapon automatic without it being on the registry as a dealer demo or for an SOT II transfer, it is illegal. Private citizens owning automatic weaponry manufactured after 1986 is also illegal.

Depending on what state you live in , you may not be allowed to sell firearms from one individual to another. There are also AWB laws in some states disallowing features such as magazines of certain capacities, flash hiders, suppressors, certain firearm receivers (the weapon themselves), etc. Anything violating these states' laws are illegal weapons. A weapon present in the few states/counties that require registration that is not registered is illegal.

I think that just about covers it. Handguns sold over state lines without going through a FFL (licensed dealer) are also, because the sale violated federal law, illegal.

ThetaReactor
2008-11-17, 01:01
The more accurate term would be "illegally obtained guns". There aren't guns that are illegal, just people who aren't allowed to possess certain weapons. A felon can't have a firearm, the average citizen can't possess a post-'86 machine gun, CA residents can't have anything fun, etc. Certain guns are only legal to possess if obtained by the proper procedures. For instance, the requisite mountains of paperwork for a short-barrelled shotgun or any imported weapon.

Cloaked Dagger
2008-11-17, 02:24
Usually the "illegal guns" that criminals use are stolen, smuggled, or otherwise illegally acquired. Depending on state law they may actually be illegal for anyone to posses, and occasionally they are illegal for anyone to posses under federal law(illegally made/smuggled automatics) though this is rare unless you are dealing with a serious criminal organization(the mob, a big gang, etc.) or the weapon is "converted" in a very half assed and dangerous to the operator way. Of course most criminals have criminal records that include felony convictions, these people may not own or posses firearms of any kind and thus any firearm they own or possess is an "illegal gun."

As far as legal firearms are concerned, in some states you can own next to nothing in others nearly everything if you have a clean record. In my state for instance you can legally purchase a full-automatic M16, AK47, or even a mortar if you have the exorbitant amount of money these weapons cost and the mountains of paperwork and 6 months time to wait for approval if you have a spotless record.

J-Beth
2008-11-17, 16:10
Thank you three for clearing things up for me. It makes more sense now, ill probably still have to look into things for my state (VA) in particular. I feel that it is a pretty gun friendly state for the most part.

thorazine50x
2008-11-17, 22:11
Correct...

VA is pretty gun friendly.

AprenticeChemistBITCHS
2008-11-17, 23:39
Usually the "illegal guns" that criminals use are stolen, smuggled, or otherwise illegally acquired. Depending on state law they may actually be illegal for anyone to posses, and occasionally they are illegal for anyone to posses under federal law(illegally made/smuggled automatics) though this is rare unless you are dealing with a serious criminal organization(the mob, a big gang, etc.) or the weapon is "converted" in a very half assed and dangerous to the operator way. Of course most criminals have criminal records that include felony convictions, these people may not own or posses firearms of any kind and thus any firearm they own or possess is an "illegal gun."

As far as legal firearms are concerned, in some states you can own next to nothing in others nearly everything if you have a clean record. In my state for instance you can legally purchase a full-automatic M16, AK47, or even a mortar if you have the exorbitant amount of money these weapons cost and the mountains of paperwork and 6 months time to wait for approval if you have a spotless record.

Which state would you be in if you don't mind my asking?

mrbarbwir3
2008-11-18, 00:01
Which state would you be in if you don't mind my asking?
florida, says it in his location thingy.

Starchild
2008-11-18, 10:58
In my freedom-loving country I got arrested for possessing a plastic bow and arrow (complete with suction tips) which I bought from the 2 dollar ship.

Cloaked Dagger
2008-11-18, 23:33
florida, says it in his location thingy.

Indeed

In my freedom-loving country I got arrested for possessing a plastic bow and arrow (complete with suction tips) which I bought from the 2 dollar ship.

Now that's just sad, how did the court case go if you don't mind me asking? Also how old were you?

ArmsMerchant
2008-11-19, 01:48
In my freedom-loving country I got arrested for possessing a plastic bow and arrow (complete with suction tips) which I bought from the 2 dollar ship.

If it'll make you feel better, you can go to jail in California for possession of a plastic knife.

mrbarbwir3
2008-11-19, 02:06
If it'll make you feel better, you can go to jail in California for possession of a plastic knife.

¿Que el Joda?

Glasgowsweeman
2008-11-21, 21:20
http://www.nraila.org/GunLaws/#?st=VA

Hope this helps :D

JADA829
2008-11-30, 20:10
Correct...

VA is pretty gun friendly.

yeah ask Seung-Hui Cho about that.

Random_Looney
2008-12-01, 03:27
yeah ask Seung-Hui Cho about that.

Wow, you're ignorant.

The only reason he passed NICS background checks were because VA has privacy laws that restrict police access to mental health records. It's an issue of privacy, not firearms availability. The firearms aspect of that law is solely unintended consequences. He could have bought them private party anyway.