Answer:
Explanation:
1. Myth: The Second Amendment guarantees citizens the right to bear arms.
Truth: There is no definitive resolution by the courts of exactly how the Second Amendment should be interpreted. Historically, U.S. courts have held various interpretations of the Second Amendment. Such interpretations range from the perspective that this right lies only within state government officials, to the perspective that this right also lies within individual citizens.
However, in a landmark case known as District of Columbia v. Heller, 554 U.S. 570 (2008), the US Supreme Court explained that all citizens are the militia; the Second Amendment is an individual right, just like every other right protected in the Bill of Rights, and is independent of membership in any organized group or military unit.
It was the first Supreme Court case to decide whether the Second Amendment protects an individual’s right to keep and bear arms for self-defense.
2. Myth: The right to bear arms cannot be taken away.
Truth: Many people can and do permanently lose their right to own and use a gun; notably, convicted felons. However, some states provide a remedy to restore a felon’s firearms rights.
In California, a governor’s pardon is the only remedy to restore a felon’s right to possess a firearm and only if the felon was not convicted of a crime involving the use of a dangerous weapon (Penal Code Section 4854).
Other people prohibited from owning or possessing a gun include:
Defendants awaiting trial on felony charges;
Fugitives from justice;
Drug users and addicts;
Undocumented aliens;
Aliens lawfully admitted to the United States under non-immigrant visas;
Anyone subject to a restraining or protective order;
Anyone convicted of a misdemeanor crime of domestic violence;
Minors under the age of 18 for the purchase of a shotgun or rifle;
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle;
Individuals who have renounced their U.S. Citizenship; and
Veterans dishonorably discharged from the United States military.
3. Myth: The Second Amendment permits ownership of any type of firearm.
types of firearms
Truth: Many federal and state laws regulate what types of firearms an eligible citizen may lawfully possess. Certain firearms and other destructive devices are unlawful for a civilian to own, use or carry. Examples of illegal weapons include:
Destructive devices, such as:
Bombs;
Grenades;
Rockets;
Missiles; and/or
Mines
Machine guns and fully automatic firearms;
Any firearm silencer;
Short-barreled (“sawed off”) rifles with a barrel length less than 16” and shotguns with a barrel length less than 18”;
Semi-automatic assault weapons (manufactured after October 1, 1993);
Any firearm where the serial number is missing, or has been altered or destroyed (“filed off”).
4. Myth: You must first obtain a permit before you purchase a firearm.
Truth: In California, you do not need a permit to buy a gun. However, in California, generally all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer.
Additionally, you will be required to submit to and pass a national criminal background check before you may lawfully obtain a firearm. California law also imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee.
5. Myth: You may legally purchase a firearm and give it to someone else.
Truth: It is illegal to transfer or purchase a firearm on behalf of anyone who may not lawfully possess one. Buying a gun in your name and then giving it to a prohibited person is called a “straw purchase.”
If you straw purchase a firearm from a Federal Firearm Licensed (FFL) dealer, you can be charged with making a false statement on a federal firearms transaction record (Form 4473). Lying on this form is a felony and can be punished by up to five years in prison in addition to a maximum $250,000 fine.
Transfer of a firearm between a parent and child, grandparent and grandchild or between spouses/registered domestic partners is exempt from the dealer transfer requirement, provided that a legal firearm is being transferred to a person who may lawfully possess one.
6. Myth: You must obtain a permit to legally carry a firearm.