The Wex sub-category of firearms law encompasses the legal doctrine governing the manufacture, sale, transfer, possession, carrying, use, and regulation of firearms and their related components, as well as licensing, restrictions, criminal offenses. The collection includes definitions of key legal terms, constitutional law, legal theory, statutory and administrative frameworks, the dual jurisdiction of federal and state law, and judicial decisions interpreting the scope and limits of firearm rights and government regulation.
An antique firearm is a gun (or other device designed to expel projectiles) that was made in 1898 or prior, or a replica of such weapon, or a black powder muzzle-loading weapon, provided that it does not use readily available conventional ammunition. See: United States v. Tribunella, 749 F.2d 104 (1984). Federal law provides two primary definitions for antique firearms.
The castle doctrine is a legal doctrine stating that if a party is in their own home, that party does not have a duty to retreat prior to using reasonable force (including deadly force if necessary) as
A concealed weapon is any deadly weapon, including a firearm, carried on or about a person hidden from the ordinary view of another person. Although the Second Amendment of the U.S. Constitution provides “the right of the people to keep and bear Arms,” certain states have laws prohibiting the carrying of concealed weapons unless the person carrying has a permit to do so.
Deadly force refers to force which is likely to cause death or serious bodily injury. The term “deadly force” is frequently seen in the field of criminal law and is a key issue for certain convictions or defenses.
A deadly weapon is an object, instrument, substance, or device which is intended to be used in a way that is likely to cause death, or with which death can be easily and readily produced.
Duty to retreat is a legal doctrine that requires an individual to attempt to safely remove themselves from a situation before the individual may use physical force for self-defense, against an imminent danger.
Extreme Risk Protection Orders (ERPOs), also known as “red flag laws” are court orders to temporarily block a person who is a threat to themselves or others from accessing a gun. The intent behind red flag laws is to de-escalate an emergency situation and prevent gun violence, especially mass shootings. ERPOs have limited durations for preventing a person’s access to weapons including guns they already own or plan to purchase.
Firearms are weapons readily capable of expelling projectiles, like a bullet, through an explosive mechanism; including guns and their various components, such as silencers, mufflers, frames, or other destructive devices, such as bombs.
