Simone Lawson
The Second Amendment of the United States Constitution has been one of the most hotly contested constitutional issues in the country. The amendment protects the right to keep and bear arms, but the meaning and scope of this right have been widely debated. While some argue that the Second Amendment creates an individual constitutional right to possess firearms, others point to the prefatory language a well-regulated Militia to claim that only the state's right to self-defence is protected. This has led to a divide between the “individual right theory” and “collective rights theory”. The Supreme Court has ruled that the right belongs to individuals for self-defence, but is not unlimited, and does not preclude prohibitions such as those forbidding firearm possession by felons and the mentally ill. Other limitations include age restrictions, background checks, waiting periods, and bans on certain types of weapons.
| Characteristics | Values |
|---|---|
| Age limitations | The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns |
| Felony convictions | Federal law prohibits individuals who have been convicted of a felony from possessing firearms |
| Waiting periods | Some states have enacted waiting periods for individuals purchasing firearms |
| Ban on assault weapons | Federal law prohibits the manufacture and sale of certain types of semi-automatic firearms |
| Ammunition capacity | Several states place limits on the capacity of ammunition magazines |
| Automatic weapons | It is illegal for civilians to possess automatic weapons |
| Concealed carry | The Supreme Court ruled that New York's law requiring people to show "proper cause" for a weapon was unconstitutional |
| Gun-free zones | Restrictions on guns in sensitive places like schools and government buildings |
| Commercial sale restrictions | Commercial sale restrictions have been upheld by the Supreme Court |
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What You'll Learn
Limitations on the type of weapons that can be owned
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms. However, this right is not absolute and is subject to certain limitations.
The Supreme Court has affirmed that the right to bear arms is not unlimited and does not preclude prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "dangerous and unusual weapons". The Court has also suggested that regulations prohibiting criminals and the mentally ill from firearm possession would not be disallowed by the Constitution. This has been further affirmed by the Court in subsequent rulings, which have stated that reasonable gun laws are constitutionally permissible.
In terms of limitations on the type of weapons that can be owned, federal law prohibits the manufacture and sale of certain types of semi-automatic firearms, commonly referred to as "assault weapons". This ban was in effect from 1994 to 2004 but has since expired and has not been renewed. Additionally, it is illegal for civilians to possess fully automatic weapons or machine guns under federal law. Some states have also placed limits on the capacity of ammunition magazines, such as California, which bans magazines that hold more than ten rounds.
While the Second Amendment protects the right to carry firearms in public, the Supreme Court has created a test for laws seeking to limit these rights, which must be based on the history and tradition of gun rights. This test has been refined to focus on similar analogues and general principles rather than strict matches from the past. The Court has also ruled that a Second Amendment analysis is limited to evaluating the historical nature of the right and whether a given use of a firearm is deeply rooted in the history of the United States.
The limitations on the Second Amendment are designed to protect public safety, prevent prohibited individuals from obtaining firearms, and balance the rights of gun owners with the rights of others. While some may view these limitations as infringements, they are necessary to ensure that firearms are used responsibly and safely.
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Age restrictions on gun ownership
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms. However, the right to bear arms is not absolute and is subject to certain limitations. Age restrictions are one such limitation.
Federal law prohibits the sale of firearms to individuals under the age of 18 for long guns and 21 for handguns. Licensed firearms dealers may not sell or deliver handguns or ammunition to anyone under 21, and they may not sell long guns or ammunition for long guns to anyone under 18. Unlicensed persons are subject to the same restrictions but may sell, deliver, or transfer long guns or long gun ammunition to a person of any age. Many states have also enacted their own age restrictions on gun ownership.
The purpose of these age restrictions is to prevent young people and those around them from falling prey to preventable gun violence, suicide, and homicide. Studies have shown that people ages 18 to 20 are responsible for a disproportionate share of school shootings, public mass shootings, and gun homicides overall. Additionally, the risk of suicide is much higher in the early stages of the onset of major psychiatric conditions, and these symptoms usually first develop in adolescence or early adulthood. Gun access can significantly increase these risks.
While some may view age restrictions as infringements on the Second Amendment, they are necessary to ensure that firearms are used responsibly and safely. The courts have also acknowledged that the Second Amendment is not unlimited and does not preclude the existence of certain long-standing prohibitions. For example, in District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment does not prohibit restrictions on "the carrying of dangerous and unusual weapons."
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Restrictions on gun ownership for felons and the mentally ill
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms. However, this right is not absolute and is subject to certain limitations. These limitations are designed to protect public safety, prevent prohibited individuals from possessing firearms, and balance the rights of gun owners with the rights of others.
Restrictions on gun ownership for felons are based on the idea that individuals who have committed serious crimes should not have access to firearms. Federal law prohibits individuals who have been convicted of a felony from possessing firearms, and this prohibition applies to both state and federal felonies, lasting for life. Some states have also enacted restrictions for individuals with a history of violent crime, domestic violence, or drug offenses.
Restrictions on gun ownership for the mentally ill are based on public safety concerns and the assumption that individuals with serious mental illnesses may pose a risk to themselves or others if they have access to firearms. Federal law prohibits the possession of firearms by individuals who have been adjudicated as mentally incompetent, committed to a mental institution, or found to be an unlawful user of controlled substances. The federal Gun Control Act of 1968 criminalized the transfer of firearms to these individuals, and the Omnibus Crime Control and Safe Streets Act of the same year prohibited them from receiving, possessing, or transporting firearms.
While these restrictions are generally accepted as necessary for public safety, there has been debate and legal challenges regarding the restoration of firearms rights for individuals who have recovered from mental illness or completed their sentences for felony convictions. The federal Firearms Owners Protection Act (FOPA) of 1986 provided a process for felons to regain firearms ownership rights, but no relief provisions were initially included for those barred due to mental health exclusions. However, FOPA was later expanded to include relief from disabilities for any prohibited persons, and it allowed for judicial review of unfavorable decisions. The Sixth Circuit's ruling in Tyler also challenged the proposition that individuals who were once committed due to mental illness should be permanently ineligible to regain their Second Amendment rights.
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Waiting periods for purchasing firearms
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms. However, this right is not absolute and is subject to certain limitations. One such limitation is the implementation of waiting periods for purchasing firearms.
As of 2025, 9 states and Washington, D.C. have imposed waiting periods for purchasing firearms. The duration of these waiting periods varies across states and the type of firearm being purchased. For example, Hawaii has the longest waiting time, requiring a permit and application process that takes about 14 days. California and Washington, D.C. impose a 10-day waiting period, while Illinois has a 72-hour waiting period. Florida mandates a waiting period of three days or the time it takes to conduct a comprehensive background check, whichever is longer.
Some states have specific waiting periods for certain types of firearms. For instance, Minnesota, Maryland, and New Jersey have a seven-day waiting period for the purchase of handguns, while Rhode Island requires a 7-day waiting period for all firearm purchases. In Washington, there is a 10-day waiting period for purchasing semi-automatic rifles. These waiting periods can be waived by law enforcement officials in certain circumstances, such as threats to human life or the need to stave off danger.
The implementation of waiting periods for purchasing firearms is a controversial topic in the United States. While some view these limitations as infringements on the Second Amendment, others argue that they are necessary to protect public safety and ensure that firearms are used responsibly.
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Restrictions on ammunition capacity
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms. However, this right is not absolute and is subject to certain limitations. One such limitation is the restriction on ammunition capacity, which varies across different states.
Some states have implemented restrictions on the capacity of ammunition magazines that individuals can possess. For example, California has enacted a law banning magazines that hold more than ten rounds. This restriction aims to reduce the potential lethal force of firearms by limiting the number of rounds that can be fired without reloading.
Federal law also prohibits civilians from possessing fully automatic weapons, often referred to as machine guns. These weapons can fire multiple shots with a single pull of the trigger, significantly increasing their rate of fire compared to semi-automatic weapons, which require a separate trigger pull for each shot.
The restrictions on ammunition capacity are designed to balance an individual's right to bear arms with the need to protect public safety. By limiting the number of rounds that can be fired continuously, these restrictions can help reduce the potential for mass shootings or other incidents of gun violence.
While some may argue that these restrictions infringe upon their Second Amendment rights, courts have generally upheld these limitations as necessary for the greater good. Additionally, background checks and waiting periods for firearm purchases further ensure that individuals who are prohibited from possessing firearms, such as felons and the mentally ill, are prevented from obtaining them.
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Frequently asked questions
The Second Amendment of the United States Constitution provides citizens with the right to keep and bear arms.
The right to bear arms is subject to certain limitations, including age restrictions, federal laws prohibiting the sale and possession of certain firearms, and restrictions on the capacity of ammunition magazines.
The Second Amendment does not protect the right to bear arms for individuals under the age of 18 for long guns and 21 for handguns. It also does not protect the right to possess firearms for those with a history of felony convictions, mental illness, or domestic violence.
