法律英语：84 Handgun Laws

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³. Further, I do not intend to create an attorney-client relationship with any listener.

Today’s episode focuses on handguns. Several listeners have written and called in with questions about what kind of gun a person may lawfully⁵ possess and how to obtain one. In the wake of the tragedy at Virginia Tech, the debate over gun control has been reinvigorated and people are also debating the best ways to avoid gun violence..

Andrew from Georgia called in and asked:

What are the laws for possessing firearms and mace⁶? In movies I always see people whipping a gun out of their purse or from underneath⁷ their pillow to protect themselves from criminals, but are there any laws to possessing these firearms? And what are the guidelines and laws for using pepper spray?

This is a great question Andrew. I only have time today to address the handgun issue. The mace question will have to wait for another episode.

The short answer is that the rules for possessing a firearm vary greatly from state to state. In most states, you may buy a handgun and possess it in your home without many legal hurdles⁸. Many states, but not all, have stricter rules for possessing concealed⁹ handguns, such as carrying a gun in your purse.

The Second Amendment¹⁰ provides, “A well regulated Militia¹¹, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed¹².” This generally prohibits Congress from completely prohibiting gun possession. But, Congress and the States may limit this right by prohibiting certain types of people from possessing firearms, or by setting up licensing¹³ requirements for handguns.

First, there are many classes of people who may not possess any firearm, including handguns. For example, Congress prohibits the following groups from possessing, receiving, shipping¹⁴, or transporting firearms or ammunition¹⁵ in all states: convicted felons¹⁷, people adjudicated mentally incompetent¹⁸, illegal aliens, people convicted of a misdemeanor crime of domestic violence, people dishonorably discharged from the military, and fugitives¹⁹ from justice. Under federal law, a person must be 18 to purchase a shotgun or rifle, and 21 to purchase a handgun.

Also under Federal law, a seller must run an instant background check on all purchasers. This background check will alert a seller if the federal government knows that the buyer is not eligible²⁰ because, for example, he is a felon¹⁶. However, if a state government fails to report its information, then the federal check will not indicate that the buyer is ineligible²¹. It is not a perfect system, which is why many states run their own background checks in addition to the required federal check.

States also provide varying degrees of restrictions²² on buying and possessing handguns. First, many states require a license¹ to purchase or obtain a firearm, but these requirements vary greatly from state to state.

For example, California has relatively²³ strict gun control laws. In California, a handgun buyer must obtain a handgun safety certificate (like a license) prior to purchasing a handgun. The handgun buyer must pass a written safety test and a hands-on safety demonstration²⁴ and provide fingerprints²⁵ and proof of residency. The certificate is also required for anyone who wishes to be loaned a handgun outside of the presence of the owner. There is also a 10-day waiting period to purchase or obtain a handgun. This waiting period is designed to allow law enforcement to do a background check and to allow a “cooling off” period to limit crimes of passion. California keeps records of all handguns sold or transferred in the state, but does not track shotguns or rifles. Last, California has a “one-handgun-per month” rule.

By contrast, Alaska has very liberal gun control laws. In Alaska, a handgun buyer does not need any license, the state does not perform any background check in addition to the federal background check, there is no waiting period, and there is no limit to the number of handguns that a person may buy in any period of time. Also, the state is prohibited from tracking gun sales or transfers.

With regard to carrying concealed weapons, the laws are also very different from state to state. Looking at California again, it is legal to carry a concealed handgun while in your place of business or on other private property without any special license or permit. Of course, your place of work might be a place where it is otherwise illegal to carry a weapon, such as in City Hall.

In public places, it is necessary to obtain an additional license to carry a concealed weapon. To get this, the sheriff of the county must determine that you are of good moral character and that good cause exists for the license. However, “good moral character” and “good cause” are pretty vague terms, and a sheriff has very broad discretion²⁶ in reviewing an application for a license to carry a concealed weapon. Once a person has a license to carry a concealed weapon, that person can also carry it loaded. But it is important to note that there are exceptions to this general scheme. For example, certain professionals such as armored car guards have separate training and licensing requirements.

Again, by contrast, there are no special laws that apply to concealed handguns in Alaska. Any Alaska resident who may possess a handgun may carry that gun in a concealed manner., and the Brady Campaign’s website at。。。。。。As you can see, purchasing a handgun in America is very easy. Once a person has a handgun, it can be very easy for that person to use it in a heinous²⁷ and violent way. But, a criminal intent on using a gun for an illegal purpose can get a hold of a handgun illegally anyway. Today, the debate rages on about whether it is a good idea to allow an average citizen to purchase and possess handguns. Does this system protect us or harm us? For disparate views on the issue, please visit the National Rifle Association’s website at 。。。。。。

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful⁴ Life. Please check out the Mighty²⁸ Mommy this week, who will be discussing potty training readiness.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 
 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

5 lawfully   

adv.守法地，合法地；合理地

参考例句：

• Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
• As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。 来自电影对白

6 mace   

n.狼牙棒，豆蔻干皮

参考例句：

• The sword and mace were favourite weapons for hand-to-hand fighting.剑和狼牙棒是肉搏战的最佳武器。
• She put some mace into the meat.她往肉里加了一些肉豆蔻干皮。

7 underneath   

adj.在...下面，在...底下；adv.在下面

参考例句：

• Working underneath the car is always a messy job.在汽车底下工作是件脏活。
• She wore a coat with a dress underneath.她穿着一件大衣，里面套着一条连衣裙。

8 hurdles   

n.障碍( hurdle的名词复数 )；跳栏；（供人或马跳跃的）栏架；跨栏赛

参考例句：

• In starting a new company, many hurdles must be crossed. 刚开办一个公司时，必须克服许多障碍。 来自《简明英汉词典》
• There are several hurdles to be got over in this project. 在这项工程中有一些困难要克服。 来自辞典例句

9 concealed   

a.隐藏的，隐蔽的

参考例句：

• The paintings were concealed beneath a thick layer of plaster. 那些画被隐藏在厚厚的灰泥层下面。
• I think he had a gun concealed about his person. 我认为他当时身上藏有一支枪。

10 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

11 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

12 infringed   

v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）

参考例句：

• Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。 来自《现代汉英综合大词典》
• He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。 来自《现代汉英综合大词典》

13 licensing   

v.批准，许可，颁发执照( license的现在分词 )

参考例句：

• A large part of state regulation consists of occupational licensing. 大部分州的管理涉及行业的特许批准。 来自英汉非文学 - 行政法
• That licensing procedures for projects would move faster. 这样的工程批准程序一定会加快。 来自辞典例句

14 shipping   

n.船运（发货，运输，乘船）

参考例句：

• We struck a bargain with an American shipping firm.我们和一家美国船运公司谈成了一笔生意。
• There's a shipping charge of ￡5 added to the price.价格之外另加五英镑运输费。

15 ammunition   

n.军火，弹药

参考例句：

• A few of the jeeps had run out of ammunition.几辆吉普车上的弹药已经用光了。
• They have expended all their ammunition.他们把弹药用光。

16 felon   

n.重罪犯；adj.残忍的

参考例句：

• He's a convicted felon.他是个已定罪的重犯。
• Hitler's early "successes" were only the startling depredations of a resolute felon.希特勒的早期“胜利 ”，只不过是一个死心塌地的恶棍出人意料地抢掠得手而已。

17 felons   

n.重罪犯( felon的名词复数 )；瘭疽；甲沟炎；指头脓炎

参考例句：

• Aren't those the seats they use for transporting convicted felons? 这些坐位不是他们用来押运重犯的吗？ 来自电影对白
• House Republicans talk of making felons out of the undocumented and those who help them. 众议院共和党议员正商议对未登记的非法移民以及包庇他们的人课以重罪。 来自互联网

18 incompetent   

adj.无能力的，不能胜任的

参考例句：

• He is utterly incompetent at his job.他完全不能胜任他的工作。
• He is incompetent at working with his hands.他动手能力不行。

19 fugitives   

n.亡命者，逃命者( fugitive的名词复数 )

参考例句：

• Three fugitives from the prison are still at large. 三名逃犯仍然未被抓获。 来自《简明英汉词典》
• Members of the provisional government were prisoners or fugitives. 临时政府的成员或被捕或逃亡。 来自演讲部分

20 eligible   

adj.有条件被选中的；(尤指婚姻等)合适(意)的

参考例句：

• He is an eligible young man.他是一个合格的年轻人。
• Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。

21 ineligible   

adj.无资格的，不适当的

参考例句：

• The new rules have made thousands more people ineligible for legal aid.新规定使另外数千人不符合接受法律援助的资格。
• The country had been declared ineligible for World Bank lending.这个国家已被宣布没有资格获得世界银行的贷款。

22 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

23 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

24 demonstration   

n.表明，示范，论证，示威

参考例句：

• His new book is a demonstration of his patriotism.他写的新书是他的爱国精神的证明。
• He gave a demonstration of the new technique then and there.他当场表演了这种新的操作方法。

25 fingerprints   

n.指纹( fingerprint的名词复数 )v.指纹( fingerprint的第三人称单数 )

参考例句：

• Everyone's fingerprints are unique. 每个人的指纹都是独一无二的。
• They wore gloves so as not to leave any fingerprints behind (them). 他们戴着手套，以免留下指纹。 来自《简明英汉词典》

26 discretion   

n.谨慎；随意处理

参考例句：

• You must show discretion in choosing your friend.你择友时必须慎重。
• Please use your best discretion to handle the matter.请慎重处理此事。

27 heinous   

adj.可憎的，十恶不赦的

参考例句：

• They admitted to the most heinous crimes.他们承认了极其恶劣的罪行。
• I do not want to meet that heinous person.我不想见那个十恶不赦的人。

28 mighty   

adj.强有力的；巨大的

参考例句：

• A mighty force was about to break loose.一股巨大的力量即将迸发而出。
• The mighty iceberg came into view.巨大的冰山出现在眼前。