法律英语：77 Who Can Own a Gun?

by Adam Freedman

Today’s topic: The rights--and wrongs--of bearing arms.

In today’s article I’ll tackle the question: Who can own a gun?

Who Can Own a Gun?
First, let’s look at the constitutional status of gun laws. The Second Amendment¹ to the Constitution states:
A well regulated Militia², being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed³.
In 2008, the Supreme⁴ Court struck down a District of Columbia gun control law on the grounds that the Second Amendment does not merely protect the right of militia members--notwithstanding those opening words about a well-regulated militia--but rather, the right of each individual citizen to “keep and bear arms.”
The Supreme Court’s ruling does not affect the vast majority of federal, state, and local gun laws that seek to regulate gun ownership but don’t amount to a total ban. In this article, I’ll focus mainly on federal laws, but there are thousands of state and local laws concerning firearms. Be sure to check all state and local laws before attempting to purchase a gun.
Can Convicted Felons⁵ Buy Guns?
Under the federal Gun Control Act of 1968, certain categories of persons are not eligible⁶ to possess a firearm or ammunition⁷. These include
Fugitives⁸ from justice
Illegal aliens
Unlawful users of certain drugs
Those committed to a mental institution
Those convicted of crimes punishable by imprisonment¹⁰ for more than one year (which generally covers felonies)
Those convicted of crimes of domestic violence
The federal law not only creates a permanent ban on gun ownership for anyone convicted of a felony, it even applies to those under indictment¹¹ for a felony.
Domestic Violence and Gun Laws
With respect to “domestic violence,” that term is interpreted very broadly in the context of the Gun Control Act.  In 2009, the Supreme Court held that the Act’s prohibition¹² extends to anyone convicted of any crime involving “physical force or the threatened use of a deadly weapon” against a person with whom the perpetrator had a domestic relationship--even if the crime is just plain old “assault and battery” rather than a specific “domestic violence” charge.
Under the Gun Control Act, the conviction itself is enough to trigger the prohibition. It doesn’t matter whether the person actually served a sentence for the felony or crime in question.
Can I Seek an Exception to Federal Law?
If you want a gun but you fall into one of the prohibited categories under federal law, do not attempt to purchase a firearm illegally.  If you really want a gun, it appears that your only legal recourse is to apply to the Attorney General of the United States for an exception to the Gun Control Act. You’ll probably want an attorney to assist you with that.
Antique Collectors are Generally Excluded from Gun Control Laws
The other option might be to purchase an antique firearm. Many federal and state prohibitions¹³ have exemptions¹⁴ for collectors of antiques, which generally includes guns manufactured before 1898.  But those exemptions vary considerably¹⁵ from state to state, so you should familiarize yourself with state and local laws.
Who Can Buy a Gun Legally?
If you’re not otherwise prohibited by federal, state, or local laws, then the basic rules for buying a gun include the following:
You have to be 18 or older to purchase a rifle or shotgun;
You have to be 21 or older to purchase a handgun;
You must buy your gun from a federally-licensed dealer¹⁶ in your state;
You must submit to a background check that the dealer will arrange, using an FBI database
To sum up, federal law does not outlaw¹⁷ guns; nor does it allow outlaws¹⁸ to own guns. People with criminal records often cannot buy guns, except possibly antiques. Be sure to follow all applicable laws when trying to purchase a firearm.  When in doubt, that 18th Century musket¹⁹ might be your best bet.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful⁹ Life. One more thing: we’re welcoming a new show to the Quick and Dirty Tips network this week. Jason Marshall is the Math Dude! Although Jason is smart—he’s literally²⁰ a rocket scientist!—his show is all about making math understandable and even fun for the rest of us. You’ll find the Math Dude on iTunes and at QuickandDirtyTips.com. Welcome Jason!

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 article only.

 

1 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。

2 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。

3 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》

4 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

5 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

6 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。

7 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。

8 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

9 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。

10 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

11 indictment   

n.起诉；诉状

参考例句：

• He handed up the indictment to the supreme court.他把起诉书送交最高法院。
• They issued an indictment against them.他们起诉了他们。

12 prohibition   

n.禁止；禁令，禁律

参考例句：

• The prohibition against drunken driving will save many lives.禁止酒后开车将会减少许多死亡事故。
• They voted in favour of the prohibition of smoking in public areas.他们投票赞成禁止在公共场所吸烟。

13 prohibitions   

禁令，禁律( prohibition的名词复数 )； 禁酒； 禁例

参考例句：

• Nowadays NO PARKING is the most ubiquitous of prohibitions. 今天，“NO PARKING”（禁止停车），几乎成了到处可见的禁止用语了。
• Inappropriate, excessive or capricious administration of aversive stimulation has led to scandals, lawsuits and prohibitions. 不恰当的、过度的或随意滥用厌恶性刺激会引起人们的反感、控告与抵制。

14 exemptions   

n.（义务等的）免除( exemption的名词复数 )；免（税）；（收入中的）免税额

参考例句：

• The exemptions for interpretive rules, policy statements, and procedural rules have just been discussed. 有关解释性规则、政策说明和程序规则的免责我们刚刚讨论过。 来自英汉非文学 - 行政法
• A: The regulation outlines specific exemptions for some WPM. 答：该规定概述了某些木质包装材料的特定的例外情形。 来自互联网

15 considerably   

adv.极大地；相当大地；在很大程度上

参考例句：

• The economic situation has changed considerably.经济形势已发生了相当大的变化。
• The gap has narrowed considerably.分歧大大缩小了。

16 dealer   

n.商人，贩子

参考例句：

• The dealer spent hours bargaining for the painting.那个商人为购买那幅画花了几个小时讨价还价。
• The dealer reduced the price for cash down.这家商店对付现金的人减价优惠。

17 outlaw   

n.歹徒，亡命之徒；vt.宣布…为不合法

参考例句：

• The outlaw hid out in the hills for several months.逃犯在山里隐藏了几个月。
• The outlaw has been caught.歹徒已被抓住了。

18 outlaws   

歹徒，亡命之徒( outlaw的名词复数 )； 逃犯

参考例句：

• During his year in the forest, Robin met many other outlaws. 在森林里的一年，罗宾遇见其他许多绿林大盗。
• I didn't have to leave the country or fight outlaws. 我不必离开自己的国家，也不必与不法分子斗争。

19 musket   

n.滑膛枪

参考例句：

• I hunted with a musket two years ago.两年前我用滑膛枪打猎。
• So some seconds passed,till suddenly Joyce whipped up his musket and fired.又过了几秒钟，突然，乔伊斯端起枪来开了火。

20 literally   

adv.照字面意义，逐字地；确实

参考例句：

• He translated the passage literally.他逐字逐句地翻译这段文字。
• Sometimes she would not sit down till she was literally faint.有时候，她不走到真正要昏厥了，决不肯坐下来。