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1 (December 3, 2018)

handle is hein.crs/crsmthzzbwh0001 and id is 1 raw text is: Congressional Research Servict ft Lv r r g th Vgi lative debat since 1914 0 December 3, 2018 U.S. Gun Policy: Framework and Major Issues Federal firearms regulation has been a subject of continuous interest for legislators. In recent Congresses, a range of proposals has been introduced, with some seeking to ease various federal firearms restrictions or facilitate reciprocity in state treatment of persons authorized to carry a firearm by another state. Other proposals have sought greater restrictions on the federal rules concerning the possession, transfer or sale of firearms, or the expansion of background checks for firearm purchases. These various approaches, in turn, prompt debate about not only their pros and cons but also their legalities, as Congress's ability to legislate on such matters must comport with the Second Amendment and other constitutional constraints. Federal Statutory Framework Federal laws regulating firearms date back roughly a century, though they became more comprehensive over time. These laws generally serve as a floor for permissible firearm use and transactions, leaving states free to supplement with additional restrictions, so long as they do not conflict with federal law. Two primary federal statutory regimes govern the transfer, sale, and possession of firearms: the National Firearms Act of 1934 (26 U.S.C. Chapter 53) and the Gun Control Act of 1968 (18 U.S.C. Chapter 44), as amended. The Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the principal agency charged with administering these laws. National Firearms Act Through a taxation and registration system, the National Firearms Act (NFA) generally limits the availability of covered weapons, including short-barreled shotguns and rifles, fully automatic machineguns, silencers, destructive devices, and a catchall category covering any other weapon that is capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. NFA-covered firearms and their owners must be registered with the Attorney General at any point a firearm changes ownership in the chain of commerce. Gun Control Act The Gun Control Act (GCA) supplemented the NFA and significantly expanded the scope of federal firearms regulation. The GCA principally sets forth various requirements concerning the sale, purchase, and possession of firearms. For instance, persons engaged in the business of manufacturing, importing, or selling GCA- or NFA- covered firearms must receive a federal license from the Attorney General. But a license is not required for those who make only occasional firearm sales or purchases for the enhancement of personal collections or as a hobby or who sell all or part of a personal collection. Federal firearms licensees (FFLs) must conduct background checks of non-FFL prospective buyers and maintain records on all commercial firearms sales. The GCA also generally limits non-FFLs to purchasing a firearm within their state of residence, except for long guns sold face-to-face by an FFL when the sale is considered lawful by the purchaser's state of residence and the FFL's state of business. The GCA also sets forth several categories of persons who are barred or restricted from shipping, transporting, receiving, or possessing firearms or ammunition. These categories include, for example, persons convicted of certain felony offenses; persons adjudicated as a mental defective or who have been committed to a mental institution; unlawfully present aliens or aliens holding non- immigrant visas; and persons subject to certain court orders relating to domestic violence or who have committed domestic violence misdemeanors. With limited exception, the GCA also bars juveniles from possessing a handgun. Background Checks Under the Brady Act Pursuant to the Brady Handgun Violence Prevention Act of 1993 (P.L. 103-159), the Federal Bureau of Investigation (FBI) activated the National Instant Criminal Background Checks System (NICS) in 1998. NICS is a computer system of systems that queries federal, state, local, tribal, and territorial records that could indicate that a prospective customer is ineligible to receive a firearm. FFLs must use NICS to conduct required background checks on non-FFL prospective firearm purchasers. The NICS Improvement Amendments Act of 2007 (P.L. 110-198) and the Fix NICS Act of 2018 (P.L. 115-141) sought to strengthen federal reporting requirements and encourage states to make certain records-particularly related to domestic violence and mental incompetency-accessible to NICS. The FBI facilitated roughly 300 million background checks using NICS from December 1998 through October 2018. Selected Firearm Policy Issues Numerous proposals to modify federal gun laws have been introduced and in some cases received consideration in recent Congresses. Proposals range from measures purporting to narrow or expand requirements on the sale, possession, or transfer of firearms and accessories. Background Checks Some have viewed non-FFLs' ability to engage in firearms transfers, without being required to adhere to the GCA's recordkeeping and background check requirements, as a loophole in the law. Opponents contend that expanding background checks would be costly, cumbersome, and ineffective. Proposals to expand background checks vary in comprehensiveness, from covering sales by non-FFLs arranged at gun shows to universal requirements applicable to virtually all private-party firearms transfers.

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