Is a Disassembled Gun Considered a Firearm?
Contents
Background
Guns have been a subject of much controversy and debate in recent years, particularly in the context of laws and regulations regarding their possession, transportation, and usage. In many countries, laws related to firearms have become more stringent, aimed at reducing gun violence and promoting public safety. Among the key issues in the debate surrounding gun control is the definition of a firearm. A firearm, by legal definition, is a device that is designed to propel a projectile by the expenditure of propellant energy.
Defining a Firearm
In legal terms, a firearm can take many forms, including:
• Pistols and revolvers
• Rifles and carbines
• Shotguns
• Assault weapons and semi-automatic rifles
• Machine guns and fully automatic firearms
The key elements that distinguish a firearm from other objects are:
- The device is designed to propel a projectile
- The propulsion is achieved by the expenditure of propellant energy
Disassembly of a Firearm: What does it Mean?
A firearm can be disassembled, or taken apart, for a variety of reasons, such as for maintenance, cleaning, repair, or modification. When a firearm is disassembled, it remains a firearm. A firearm’s function is not diminished by being taken apart; it remains a device designed to propel a projectile.
Examples of Disassembled Firearm
- A broken-down shotgun with its parts laid out on a workbench is still a firearm.
- A rifle whose stock is removed and separate components are laid out for cleaning and lubrication remains a firearm.
- An assault weapon with its lower receiver taken apart and various components dismounted is still a firearm.
Case Law and Regulatory Interpretation
Court decisions and regulatory interpretations provide valuable insights into the meaning of a disassembled firearm. Here are some examples:
• US v. Marzzarella (1952): In this case, the United States Supreme Court held that a firearm can be any part of a weapon designed to expel a projectile by the explosive force of a combustible material.
• 25 USC 5801 (Gun Control Act of 1968): This federal law defines a firearm as "a firearm or device designed to be used as a weapon, from which a projectile or projectiles may be discharged through a tube, or barrel, by means of an explosive force generated by a propelling charge, and includes derringer pistols, cannon, shotguns, rifles, and rifles having a pistol grip only, and automatic or semi-automatic firearms capable of being converted to pump-action type firearms."
Legal Implications of Disassembled Firearms
Given the definitions and examples discussed above, what are the legal implications of disassembled firearms?
• Storage and Transportation: It is essential to store disassembled firearms in a secure, inaccessible location and transport them in a container or carrying case that prevents easy access.
• Record-keeping: Disassembled firearms are still considered firearms, and as such, should be recorded on the NICS (National Instant Criminal Background Check System) when transferred or received.
• Background Checks: Background checks are required when purchasing, transferring, or possessing a firearm, including when a disassembled firearm is assembled.
Conclusion
In conclusion, a disassembled firearm is indeed considered a firearm under legal definitions, court decisions, and regulatory interpretations. When a firearm is taken apart, it remains a device designed to propel a projectile, even if some parts are not currently integrated.
Tables and Key Points:
Types of Firearms: Pistols, revolvers, rifles, carbines, shotguns, assault weapons, semi-automatic rifles, and machine guns
Definition of a Firearm: A device designed to propel a projectile by the expenditure of propellant energy
Example of a Disassembled Firearm: A broken-down shotgun with its parts laid out on a workbench or a rifle with its stock removed
Key Court Decision: US v. Marzzarella (1952)
Relevant Federal Law: Gun Control Act of 1968 (25 USC 5801)
- Legal Implications: Disassembled firearms require proper storage, transportation, and record-keeping, as well as adherence to background check requirements
Call to Action: When faced with the issue of a disassembled firearm, it is crucial to prioritize compliance with existing laws and regulations. Individuals should be aware of their local, state, and federal firearms laws and adhere to strict standards for handling, storage, and transport of firearms, including those that have been disassembled.
