Should These Guns Still Be Illegal in America?

Photo of Aaron Webber
By Aaron Webber Published

Key Points

  • Illegal weapons include machine guns, rocket launchers, short-barrel weapons, and assault weapons.

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Should These Guns Still Be Illegal in America?

© Gun Show (BY 2.0) by M&R Glasgow

Did you know: 16,575 people died from guns in America in 2024, not including suicides or accidents? Did you know that 5,151 children were shot in 2024 and that guns are the leading cause of death for children in America? Did you know that there were 499 mass shootings in America in 2024? Did you know that 1,133 civilians were shot and killed by police in 2024, that police have killed more than 1,000 civilians every year since 2020, and that black Americans are twice as likely to be shot by police than any other racial group? Did you know that half of all Americans know someone who had been shot? This makes America more dangerous than Lebanon, Jordan, Syria, Somalia, Yemen, Libya, Sudan, or other similarly dangerous countries.

Even compared to countries that have similar cultures, demographics, education, and other mental health issues, the United States stands out as a dangerous and uniquely ambivalent country when it comes to guns and gun violence. The rate of gun violence in America is eight times higher than in Canada and 100 times higher than in the United Kingdom. But even as far-right extremists continue to erode our existing gun laws, there remain a handful of weapons that are still illegal. Which ones are they, why are they illegal, and are they really illegal?

Why Are We Talking About This?

fibonacciblue / Flickr

Gun protesters.

Gun violence is a serious issue, yet it remains one of the easiest to solve. Despite wide public support for stronger laws and fewer guns, our government continues to listen to the wealthy extremists who prefer to eliminate all barriers to citizens owning any weapon they want. Education is always the best weapon against propaganda, so we intend to help.

Background on Gun Laws in America

State Of Illinois Passes Illinois  Assault Weapons Ban
2023 Getty Images / Getty Images News via Getty Images

A bunch of guns.

America’s love of guns is not new, but this love only turned into in obsession in recent years. Young people today have only ever known a world in which the worship of guns and regular school shootings are normal. But this wasn’t always the case.

Despite what propaganda will tell you, the Second Amendment — the foundation upon which the gun rights issue rests — wasn’t written to give the people the power to resist tyranny. It was a concession to Southern landowners who were afraid they wouldn’t be able to put down violent slave revolts and wanted local militias to have the power to do so.

It was after the Civil War, however, that private gun ownership really took off. Gun manufacturers with huge stockpiles of guns produced for the conflict needed to sell their inventory. So, strong marketing targeted “real men” and convinced them to buy guns to prove their “sturdy manliness”. The origins of many of today’s armed militias and insurrection groups have roots all the way back to the Reconstruction period and the white supremacist groups.

By the 20th Century, 43 states had made carrying guns in public places illegal, with the strongest and strictest gun laws in frontier towns like Dodge City, Tombstone, and Deadwood.

Tension between ideological groups reached a breaking point in the 1960s, and after the assassinations of President John F. Kennedy, Martin Luther King Jr., Robert F. Kennedy, Malcolm X, Medgar Evers, and other civil rights leaders by far-right extremists, the public demanded stronger gun laws and the government passed the Gun Control Act of 1968. This drastically reduced gun crime and violence in the United States. But it was not to last.

Up until the 1990s, most Americans said they owned guns only for hunting or target shooting, and only 26% said they needed one for self-defense. Then, the National Rifle Association (NRA) strongly opposed the 1994 Federal Assault Weapons Ban, using misinformation and fear to convince many Americans that they needed assault weapons to keep them safe. Then, billionaire Rupert Murdoch founded Fox News in 1996 specifically to appeal and pander to conservative Americans, using especially xenophobic, racist, and nationalistic language and tactics to increase viewership.

As a result, by 2015, 63% of Americans said they owned a gun primarily for self-defense. Yet self-defense is one of the least common uses of firearms in the United States. Instead, owning a gun makes it three times more likely for a person to attempt suicide and doubles your chances of being a murder victim. For women who live with an abusive partner, having a gun in the home increases their chances of being murdered by five times.

Right-wing groups, the NRA, gun manufacturers, and grifters have continued to use fear and misleading statistics to stoke the fires of division and paranoia because it is very good for business. But despite their efforts, these are the weapons that remain illegal (to some degree).

It should be stated, of course, that “illegal” is used loosely, as any of these weapons can be legally obtained through specific government processes and with the proper documentation and permits.

Short-Barrel Weapons

Sawed Off Shotgun
Rama / Wikimedia Commons

A sawed-off shotgun.

Any rifle that has a barrel shorter than 16 inches long, and any shotgun with a barrel less than 18 inches long is illegal. A shorter barrel makes these weapons more easily concealable and thus subject to more strict regulation.

In order to obtain a sawn-off shotgun, for example, a citizen must obtain a tax-paid registration, pass a background check, and pay a tax for every transfer.

This does not apply to short-barreled black powder muzzle-loading shotguns, or to shotguns that were manufactured without shoulder stocks (making them not shotguns, technically).

Assault Weapons (Varies by State)

Six Killed In Mass Shooting At A Prive School In Nashville
2023 Getty Images / Getty Images News via Getty Images

Anti-gun protest.

Due to the work of the NRA, the Federal Assault Weapons ban expired in 2004, and the number of mass shootings and people dead due to shootings skyrocketed. Yet some states have implemented their own assault weapons bans. (These laws refer to assault weapons either by specific make, capability, or type of gun, so we will ignore the pedantry of defining “assault weapons” to the simple-minded).

States that have made it illegal to own, sell, transfer or import assault weapons include California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, and Washington. The specifics vary by state.

The District of Columbia passed a law in 2011 that made it illegal to own an assault weapon.

It is illegal to sell or own assault weapons in Gary, Indiana, and East Chicago, Indiana.

Fully-Automatic Weapons

JOHNGOMEZPIX / iStock via Getty Images

A machine gun.

Both the National Firearms Act of 1934 and the Gun Control Act of 1968 make it illegal for civilians to own fully-automatic weapons (also known as machine guns) without getting special permits. Some fully-automatic weapons manufactured before 1986 are legal to own without regulation.

Destructive Weapons

A soldier fires a rocket-propelled grenade launcher.
Terry Moore/Stocktrek Images / Stocktrek Images via Getty Images

A rocket-propelled grenade launcher.

Using the term “gun” or “firearm” loosely, we could also say that rocket launchers and other similar weapons are illegal for civilians to own. The government lists these under the “destructive devices” category which also includes bombs, grenades, and other weapons that can cause mass destruction.

Other Weapons

Bump stock
WASR / Wikimedia Commons

A bump stock.

Naturally, there are always edge cases and special exceptions to every law, and the zealotry of some right-wing groups has led them to poke and prod the existing laws to find loopholes and gaps. Governments have had to act to plug these issues when they are found.

For example, any gun that has had its serial number removed or altered is illegal, and any gun that has been modified after sale to change its function or classification is also illegal. Devices that can help a gun function as another type of weapon (like bump stocks), or make it easier to conceal, are also illegal. The list of weapons and devices varies, so you should look into your local and state laws to find out what is permitted if you have questions.

Additionally, any weapon that is manufactured specifically for law enforcement or military use are usually heavily regulated and require authorization and permitting for civilians to own them.

Photo of Aaron Webber
About the Author Aaron Webber →

Aaron Webber is a veteran of the marketing, advertising, and publishing worlds. With over 15 years as a professional writer and editor, he has led branding and marketing initiatives for hundreds of companies ranging from local Chicago restaurants to international microchip manufacturers and banks. Aaron has launched new brands, managed corporate rebranding campaigns, and managed teams of writers in the education and branding agency industries. His experience extends to radio spots, mailers, websites, keynote presentations, TED talks, financial prospecti, launch decks, social media, and much more.

He is now a full-time freelance writer, editor, and branding consultant. Most of his work is spent ghost-writing for corporate executives, long-form articles, and advising smaller agencies on client projects.

Aaron’s work has been featured on INC.com and The Huffington Post. He has written for Fortune 100 companies and world-class brands. His extensive experience in C-suite ghostwriting has launched the personal branding initiatives of dozens of executives. He is a published fiction writer with publishing credits in science fiction, horror, and historical fiction.

Aaron graduated from Brigham Young University with a bachelor’s degree in macroeconomics, and is the owner and primary contributor of The Lost Explorers Club on www.lostexplorersclub.com. He spends his free time teaching breathwork and hosting healing ceremonies in his home.

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