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Gun Control Act of 1968
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Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
18 USC chapter 44 was first enacted by the Omnibus Crime Control and Safe Streets Act of 1968. GCA repealed the Federal Firearms Act of 1938, though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA).
The bill was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot and killed with a rifle purchased by mail order from an ad in the magazine American Rifleman. Congressional hearings followed and a ban on mail-order gun sales was discussed, but no law was passed until 1968. At the hearings NRA Executive Vice-President Franklin Orth supported a ban on mail-order sales, stating, "We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States."
Precursors of the passage of the Gun Control Act were Senate Bill 1975 in 1963, "A Bill to Regulate the Interstate Shipment of Firearms", and Senate Bill 1592 in 1965, "A Bill to Amend the Federal Firearms Act of 1938". Both were introduced by Senator Thomas J. Dodd but in both cases the bill was met with fierce opposition, effectively shutting down the earliest efforts for gun control legislation regarding the mail-order rifles. The bill was once again introduced into the House of Representatives by the House Judiciary Committee on January 10, 1967, with this instance resulting in the bill staying on the legislative docket.
The April 4, 1968, assassination of Martin Luther King Jr., shortly followed by the June 5 assassination of Robert F. Kennedy, as well as the shooting at the University of Texas two years previously, compounded by shifting societal attitudes towards gun ownership, renewed efforts to pass the bill. On June 11, 1968, a tie vote in the House Judiciary Committee halted the bill's passage. On reconsideration nine days later, the bill was passed by the committee. The Senate Judiciary Committee similarly brought the bill to a temporary halt, but as in the House, it was passed on reconsideration. House Resolution 17735, known as the Gun Control Act, was signed into law by President Lyndon B. Johnson on October 22, 1968 banning mail-order sales of rifles and shotguns and prohibiting most felons, drug users, and people found mentally incompetent from buying guns. This act also included provisions that redefined the definitions of firearms within the United States and provided more rules for weapons manufacturers and licensed sellers on interstate commerce of ammunition and other firearm accessories.
When it took effect in 1968, the Gun Control Act of 1968 stated that firearm sales were prohibited to anyone who "(1) is under indictment for, or has been convicted in a court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to marijuana or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731 (a) of the Internal Revenue Code of 1954)"
The Gun Control Act of 1968 was amended in 1993 by the Brady Handgun Violence Prevention Act which introduced a background check requirement of prospective gun purchasers by licensed sellers, and created a list of categories of individuals to whom the sale of firearms is prohibited: It would also be amended again in 1994 by the Violence Against Women Act to strengthen firearm bans against domestic abusers. The amended law stated:
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Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
18 USC chapter 44 was first enacted by the Omnibus Crime Control and Safe Streets Act of 1968. GCA repealed the Federal Firearms Act of 1938, though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA).
The bill was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot and killed with a rifle purchased by mail order from an ad in the magazine American Rifleman. Congressional hearings followed and a ban on mail-order gun sales was discussed, but no law was passed until 1968. At the hearings NRA Executive Vice-President Franklin Orth supported a ban on mail-order sales, stating, "We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States."
Precursors of the passage of the Gun Control Act were Senate Bill 1975 in 1963, "A Bill to Regulate the Interstate Shipment of Firearms", and Senate Bill 1592 in 1965, "A Bill to Amend the Federal Firearms Act of 1938". Both were introduced by Senator Thomas J. Dodd but in both cases the bill was met with fierce opposition, effectively shutting down the earliest efforts for gun control legislation regarding the mail-order rifles. The bill was once again introduced into the House of Representatives by the House Judiciary Committee on January 10, 1967, with this instance resulting in the bill staying on the legislative docket.
The April 4, 1968, assassination of Martin Luther King Jr., shortly followed by the June 5 assassination of Robert F. Kennedy, as well as the shooting at the University of Texas two years previously, compounded by shifting societal attitudes towards gun ownership, renewed efforts to pass the bill. On June 11, 1968, a tie vote in the House Judiciary Committee halted the bill's passage. On reconsideration nine days later, the bill was passed by the committee. The Senate Judiciary Committee similarly brought the bill to a temporary halt, but as in the House, it was passed on reconsideration. House Resolution 17735, known as the Gun Control Act, was signed into law by President Lyndon B. Johnson on October 22, 1968 banning mail-order sales of rifles and shotguns and prohibiting most felons, drug users, and people found mentally incompetent from buying guns. This act also included provisions that redefined the definitions of firearms within the United States and provided more rules for weapons manufacturers and licensed sellers on interstate commerce of ammunition and other firearm accessories.
When it took effect in 1968, the Gun Control Act of 1968 stated that firearm sales were prohibited to anyone who "(1) is under indictment for, or has been convicted in a court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to marijuana or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731 (a) of the Internal Revenue Code of 1954)"
The Gun Control Act of 1968 was amended in 1993 by the Brady Handgun Violence Prevention Act which introduced a background check requirement of prospective gun purchasers by licensed sellers, and created a list of categories of individuals to whom the sale of firearms is prohibited: It would also be amended again in 1994 by the Violence Against Women Act to strengthen firearm bans against domestic abusers. The amended law stated:
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