The second amendment, which is the right to ‘keep and bear arms’ is and has come under scrutiny and been subjected to interpretation since inception in December 1791. Despite the continued controversy over the meaning of this amendment the inalienable right to possess a firearm for protection has not changed.
Although Gun Rights apply to a person’s ability to own a gun for self-defense there are a series of laws and policies, known as gun control which regulate the manufacture and use of firearms. The first gun control act by the Federal government was The National Firearms Act in 1934 which underwent revision in 1938. Since that time the Firearms Act has experienced several revisions based on public concerns. However, this has not infringed on an individual’s right to own a gun.
Your rights as a gun owner mean several things.
- First, understand what ‘deadly force’ means and when this action is appropriate.
- Know the ‘Reasonable Man Doctrine’ and understand when you should and should not use lethal force.
- Understand what you must do and say following a deadly self-defense shooting
- Do not plead ignorance as this is not an excuse. Always be aware of any new laws and changes that impact your right to own and carry your firearm
- Know the elements of ability, opportunity and jeopardy
State Laws and Gun Control
Overall, federal gun laws are weak and as a result states have played a role in gun control by implementing laws that help reduce and protect communities from gun violence. Those laws vary between states with each one regulating the use and possession of firearms. Gun laws can range from simple to complex depending on the state the gun charge occurs in. Charges can include possession of an unlawful firearm, carrying a concealed weapon without a permit, bringing a firearm to state and/or federal property, and illegal sales and transfers. These are but a few of the many gun charges that can occur under a state law.
If you find yourself accused of a crime involving a gun, innocent or not, you’ll need the advise of a criminal lawyer so contact us at Anderson Law Firm, PLLC.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.