Advanced searches left 3/3
Search only database of 12 mil and more summaries

Gun Control Act of 1968

Summarized by PlexPage
Last Updated: 02 July 2021

* If you want to update the article please login/register

General | Latest Info

Gun Control Act of 1968

Other short titlesState Firearms Control Assistance Act
Long titleAn Act to amend title 18, United States Code, to provide for better control of the interstate traffic in firearms.
Acronyms (colloquial)GCA, GCA68
Enacted bythe 90th United States Congress
EffectiveOctober 22, 1968
Citations
Public law90-618
Statutes at Large82 Stat. 1213-2
Codification
Titles amended18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections amended18 U.S.C. ch. 44 921
Major amendments
Firearm Owners Protection Act

Spur by the bloody Tommy Gun era ushered in by Al Capone, John Dillinger, Baby Face Nelson, Pretty Boy Floyd, and Bonnie and Clyde, see at right, President Franklin D. Roosevelt mounts New Deal For Crime. One part of it is the National Firearms Act of 1934, first Federal Gun-Control Law, which levied a restrictive 200 tax on manufacture or sale of machine guns and saw-off shotguns. All sales were to be recorded in the National registry. Roosevelt won approval of the National Firearms Act of 1938, which required licensing of interstate gun dealers, who must record their sales. It prohibits sales to individuals under indictment or convicted of crimes of violence. Spur by assassinations of President John F. Kennedy, Robert Kennedy and Rev. Martin Luther King Jr., President Lyndon B. Johnson renew fight for Gun Control. He won passage of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968, which became the primary Federal Law regulating firearms. It prohibits all convicted felons, drug users and mentally ill from buying guns; raises the age for purchasing handguns from federally License dealers to 21; and expands licensing requirements to more gun dealers and requires more detailed record-keeping. Prompt by complaints that the Federal government has been abusing its power to enforce gun laws, Congress passed the Firearm Owners Protection Act of 1986. The law limits the Bureau of Alcohol, Tobacco and Firearms from inspecting gun dealers more than once a year, with follow-up inspections allowed only if multiple violations are find. An Amendment was also passed banning civilian ownership of machine guns manufactured after May 19, 1986. Weapons made and registered before that date are not affect. The law specifically forbids government from creating a National registry of Gun ownership. The Brady Handgun Violence Prevention Act of 1993 mandates background checks of gun buyers in order to prevent sales to people prohibited under 1968 legislation. Checks would eventually occur through the new system, National Instant Criminal Background Check System, maintained by the FBI. But records of such checks cannot be preserved because Federal Law prohibits creation of a National registry of Gun ownership. Sales by unlicensed private sellers who are not engaged in gun dealing as business are not subject to checks under Federal Law, though they are required by some States. The Violent Crime Control and Law Enforcement Act of 1994 produced a 10-year Federal ban on manufacture of new semi-automatic assault weapons. The law specifies 19 weapons that have features of assault rifles, including AR-15, certain versions of AK-47, TEC-9, MAC-10 and Uzi, several of which have become preferred weapons of violent drug gangs. The Act also bans large-capacity ammunition magazines, limiting them to 10 rounds. The law does not apply to weapons that are already in legal possession, and there are easy ways to adapt new weapons to avoid prohibitions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

Prohibited persons

The GUN Control Act, codified At 18 USC 922, makes it unlawful FOR certain categories OF Persons to ship, transport, receive, or Possess Firearms or ammunition, to include any person: convicted in any Court OF CRIME Punishable by Imprisonment FOR Term Exceeding One Year; who is fugitive from Justice; who is unlawful user OF or addict to any Controlled substance; who Has been adjudicate As Mental Defective or Has been commit to any Mental Institution; who Is Illegal alien; who Has been discharge from Armed Forces under dishonorable conditions; who Has renounce his or her United States citizenship; who Is subject to Court order restraining person from harassing, stalking, or threatening intimate partner or child OF intimate partner; or who Has been convict OF MISDEMEANOR CRIME OF DOMESTIC VIOLENCE. GCA At 18 USC 922 also makes it unlawful for any person under indictment FOR CRIME Punishable by Imprisonment FOR Term Exceeding One Year to ship, transport, or receive firearms or ammunition. Further, GCA 18 USC 922 makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. The Arms Export Control Act prohibits issuance OF licenses to Persons who have been convicted OF: Section 38 OF AECA, 22 USC 2778; Section 11 OF Export Administration Act OF 1979 60 USC App. 2410; Sections 7903 794, or 798 OF Title 18, USC, relating to espionage involving defense or classified Information; Section 16 OF Trading with Enemy Act, 50 USC App. 16; Section 30A OF Securities Exchange Act OF 1934 15 USC 78dd-1, or Section 104 OF Foreign Corrupt Practices Act, 15 USC 78dd-2; Chapter 105 OF Title 18, USC, relating to sabotage; Section 4 OF Internal Security Act OF 1950 50 USC 783, relating to communication of classified Information; Sections 57 92 101 104 222 224 225, or 226 OF Atomic Energy Act OF 1954 42 USC 2077 2122 2131 2234 2272 2275, and 2276; Section 601 OF National Security Act OF 1947 50 USC 421, relating to Protection OF identity OF undercover intelligence officers, agents, and other sources; Section 371 OF Title 17, USC, when it involve conspiracy to violate any OF above statutes; and International Emergency Economic Powers Act, 50 USC 1702 and 1705.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

Federal Firearms License (FFL) system

The Gun Control Act mandates licensing of individuals and companies that engage in the business of selling firearms. This provision effectively prohibits direct mail orders of firearms by consumers and mandates that anyone who wants to buy a gun in interstate transaction from a source other than a private individual must do so through a federally License Firearms dealer. The Act also bans unlicensed individuals from acquiring handguns outside their state of residence. Interstate purchase of long guns was not impeded by the Act so long as the seller is federally License and such sale is allowed by both the state of purchase and state of residence. Private sales between residents of two different States are also prohibited without going through license dealer, except for the case of buyer holding a Curio & Relic License purchasing a firearm that qualifies as Curio or Relic. Private sales between unlicensed individuals who are residents of the same state are allowed under Federal law so long as such transfers do not violate other existing Federal and state laws. While current law mandates that background checks be performed if the seller has a Federal Firearms License, private parties living in the same state are not required to perform such checks under Federal law. A person who does not have a Federal Firearms License may not be in the business of buying or selling firearms. Individuals buying and selling firearms without a Federal License must be doing so from their own personal collection. Under the Gun Control Act, federally License importer, manufacturer, dealer or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for handgun to any individual less than 21 years of age.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

1934

The NFA was originally enacted in 1934. Similar to the current NFA, original Act imposed tax on making and transfer of firearms defined by the Act, as well as special tax on persons and entities engage in the business of importing, manufacturing, and dealing in NFA Firearms. The law also requires registration of all NFA Firearms with the Secretary of Treasury. Firearms subject to the 1934 Act include shotguns and rifles having barrels less than 18 inches in length, certain firearms described as any other weapons, machine guns, and firearm mufflers and silencers. While NFA was enacted by Congress as an exercise of its authority to tax, NFA had an underlying purpose unrelated to revenue collection. As the legislative history of law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA Firearms. Congress find these firearms to pose a significant crime problem because of their frequent use in crime, particularly gangland crimes of that era such as. Valentine's Day Massacre. 200 making and transfer taxes on most NFA Firearms were considered quite severe and adequate to carry out Congress' purpose to discourage or eliminate transactions in these Firearms. 200 tax has not changed since 1934. As structured in 1934, NFA imposed duty on persons transferring NFA Firearms, as well as mere possessors of unregistered Firearms, to register them with the Secretary of Treasury. If possessors of unregistered firearms apply to register firearms as required by NFA, Treasury Department could supply information to State authorities about registrants possession of firearm. State authorities could then use information to prosecute person whose possession violates State laws. For these reasons, Supreme Court in 1968 held in Haynes case that person prosecuted for possessing an unregistered NFA firearm had valid defense to prosecution registration requirement imposed on possessor of unregistered firearm violating possessors ' privilege from self-incrimination under the Fifth Amendment of the US Constitution. Haynes decision make 1934 Act virtually unenforceable.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

Sources

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

logo

Plex.page is an Online Knowledge, where all the summaries are written by a machine. We aim to collect all the knowledge the World Wide Web has to offer.

Partners:
Nvidia inception logo

© All rights reserved
2022 made by Algoritmi Vision Inc.

If you believe that any of the summaries on our website lead to misinformation, don't hesitate to contact us. We will immediately review it and remove the summaries if necessary.

If your domain is listed as one of the sources on any summary, you can consider participating in the "Online Knowledge" program, if you want to proceed, please follow these instructions to apply.
However, if you still want us to remove all links leading to your domain from Plex.page and never use your website as a source, please follow these instructions.