Gun Laws : Ohio and Federal: Federal Laws

"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."

NPR, 6/23/22. New law extends the prohibition that prevents people convicted of domestic abuse from owning a gun to boyfriends. However, The bill includes a related provision, allowing boyfriends who were convicted of misdemeanor domestic violence to have their gun rights restored if their record stays clean for five years.

Requires the federal licensing of anyone manufacturing or selling guns or ammunition. and prohibits the interstate mail-order sale of guns and ammunition, the sale of guns to minors or persons with criminal records, and the importation of certain firearms. Also bans armor piercing ammunition and prohibits the purchase, ownership or possession of body armor by convicted violent felons.

The Gun-Free Schools Act of 1990 was amended so prosecution would only occur for crimes involving guns linked to either interstate or foreign commerce.

The Miller Act says that firearms cannot be sent through the mail.

Reauthorized as of March 2022. Reclassified as 34 USC Secs. 12291- 20125

That’s because of a one-sentence amendment tucked into the 1996 congressional budget bill: “None of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control.”

FIREARMS AND AMMUNITION

US Dept of Justice Press Release 8/24/22

Amends 27 CFR Parts 447, 478, and 479

The National Instant Criminal Background Check System

Small arms ammunition for personal use carried by a crewmember or passenger in checked baggage only, if securely packed in boxes or other packagings specifically designed to carry small amounts of ammunition. Ammunition clips and magazines must also be securely boxed.

No guns in carry-on bags, even if a passenger has a concealed weapon permit. No loaded guns in checked bags. No unloaded guns in checked bags unless the passenger declares to the aircraft operator before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded; is in a hard-sided container; and the container in which it is carried is locked, and only the passenger retains the key or combination.

The US Supreme Court held that 18 USC §924(j) regarding using a firearm in connection with a murder, does not require consecutive sentences. The sentences can be concurrent.

5th Cir. says 18 U.S.C. § 922(g)(3), which prohibits drug users from obtaining a firearm, is unconstitutional.

Duke L. J. article, forthcoming 2023 by Jake Charles

Smith, Mark, 2024 Harv. J.L. & Pub. Pol'y Per Curiam 26.

6/25/24