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The court denied that the weapon in question, a sawed-off shotgun, "has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapons."įirearms used int he 1999 Columbine massacre included a sawed off shotgun, which is illegal under a 1934 law. RELATED: What firearms looked like when the Second Amendment was adopted The court debated whether it meshed with the Second Amendment. In 1939, the Supreme Court heard a constitutional challenge to that law. Though overtly a tax law, "its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms," according to the Bureau of Alcohol, Tobacco, Firearms and Explosives. It required registry and taxation of firearms used primarily for criminal purposes, including sawed-off shotguns, machine guns and silencers. In 1929, a gang-related massacre of seven men with Thompson sub-machine guns in a Chicago warehouse brought to national attention the prominence of high-powered weapons in organized crime.Ĭongress reacted with the National Firearms Act in 1934.
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Constitution, ratified 1788, made mention of firearms in the Second Amendment, which reads, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."Īt that time, the vast majority of firearms were long, single-shot rifles. But that doesn't mean there are no regulations.ĭespite the spectrum of state laws, they do share one commonality: federal law. It puts almost no regulation on gun owners. Not surprisingly, Texas trends towards the hands-off end of firearm philosophy. They're all over the place," said Melissa Hamilton, a former Florida police officer and current professor of criminal law at the University of Houston Law Center.
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"There's not a commonality among states about gun laws.
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So what do the current laws actually allow? And how did it get to be that way? Long story. Still, background checks are one of the latest battlegrounds in the history of gun laws in the United States, where residents own more firearms per capita than any other country in the world.Īdvocates of gun control have called for bans on certain weapons or buybacks to reduce the number in circulation, while proponents of second amendment rights decry government attempts to restrict access to arms. It appears that a background check would not have flagged Johnson, who had no criminal record and an honorable discharge from the U.S. House of Representative earlier this month over calls to increase required background checks for gun buyers. It's an issue at the heart of a contentious national debate, emblemized by a partisan shut down of the U.S.